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2014-02-11-WE IDIAN'�� CITY COUNCIL WORKSHOP D 0 MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, February 11, 2014 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. First Amendment to Lease Agreement for Concessions Operations at Julius M. Kleiner Memorial Park B. Award of Bid and Approval of Agreement to Asphalt Driveways & Patching, Inc. for the Five Mile Pathway Segment E project for the Not -To -Exceed amount of $114,655.84 C. Approve Minutes of January 14, 2014 City Council Workshop Meeting D. Approve Minutes of January 21, 2014 City Council PreCouncil Meeting E. Approve Minutes of January 21, 2014 City Council Meeting F. Approve Minutes of January 28, 2014 City Council Meeting G. Findings of Fact, Conclusions of Law for Approval: Public Hearing: RZ 13- 017 Sheryl 4-Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L -O to the TN -R Zoning District H. Final Order for Approval: FP 13-047 Baraya Subdivision No. 1 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty -Seven (47) Single -Family Residential Building Lots and Three (3) Common Lots on Meridian City Council Meeting Agenda — Tuesday, February 11, 2014 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11.05 Acres of Land in the R-8 and R-15 Zoning Districts AND Request to Renumber this to Subdivision No. 1 5. Items Moved From Consent Agenda None 6. Action Items A. Continued from January 21, 2014: Public Hearing: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts B. Continued from January 21, 2014: Public Hearing: CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use -Regional C. Continued from January 21, 2014: Public Hearing: PP 13-037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety -Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C -G, L -O and R-15 Zoning Districts D. Findings of Fact, Conclusions of Law for Approval: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts Approved E. Development Agreement Approval: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts Approved F. Resolution No. 14-977: CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use -Regional Approved Meridian City Council Meeting Agenda — Tuesday, February 11, 2014 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for Approval: Public Hearing: PP 13- 037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety -Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C -G, L -O and R-15 Zoning Districts Approved 7. Department Reports A. Legal Department: Strategic Plan Update B. Community Development Report: Growth Impact Tool C. Public Works: FY 2013 Engineering Project Closeout Report D. Fire Department Report: Compliance Engine Inspection Reporting and Notification System Vacated E. Title amended to read: Community Development: Update on Transportation Projects, Plans and Studies - Includes Discussion About Center Medians/Curbing in Overland Road West of Meridian Road and Upcoming Construction Projects F. Community Development: Discuss Protocol for Requests to Continue Public Hearing Items 8. Ordinances A. Ordinance No. 14-1598: An Ordinance (RZ 13-015 — Solterra) For The Re - Zone Of A Parcel Of Land Located In The Southwest'/4 Of The Southeast 1/4 Section 05, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification Of L -O (Limited Office) Zoning District To The C -G (General Retail And Service) (2.39 Acres), L -O (Limited Office) (9.04 Acres) And R-15 (Medium High Density Residential) (11.18 Acres) Zoning District Approved 9. Future Meeting Topics 10. Other Items Meridian City Council Meeting Agenda — Tuesday, February 11, 2014 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Vacated Adjourned at 6:10 p.m. Meridian City Council Meeting Agenda — Tuesday, February 11, 2014 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop February 11, 2014 r` A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 11, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Warren Stewart, Kyke Radek, Bill Parson, Justin Lucas, Michael de St. Germain, Perry Palmer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Okay. I would like to welcome everyone to our City Council workshop. For f, the record it is Tuesday, February 11th. It's 3:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item No. 6-F, the resolution number is 14-977. Item 7-D has been asked by staff to be vacated at this time. And Item E is to be amended to read community development, update on transportation projects, plans, and studies and, Ordinances, under 8-A the proposed ordinance number is 14-1598. And with that I move we approve the amended agenda. Meridian City Council Workshop February 11, 2014 Page 2 of 65 Milam: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. First Amendment to Lease Agreement for Concessions Operations at Julius M. Kleiner Memorial Park B. Award of Bid and Approval of Agreement to Asphalt Driveways & Patching, Inc. for the Five Mile Pathway Segment E project for the Not -To -Exceed amount of $114,655.84 C. Approve Minutes of January 14, 2014 City Council Workshop Meeting D. Approve Minutes of January 21, 2014 City Council PreCouncil Meeting E. Approve Minutes of January 21, 2014 City Council Meeting F. Approve Minutes of January 28, 2014 City Council Meeting G. Findings of Fact, Conclusions of Law for Approval: Public Hearing: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L -O to the TN -R Zoning District H. Final Order for Approval: FP 13-047 Baraya Subdivision No. 1 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty -Seven (47) Single -Family Residential Building Lots and Three (3) Common Lots on 11.05 Acres of Land in the R-8 and R-15 Zoning Districts AND Request to Renumber this to Subdivision No. 1 De Weerd: Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop February 11, 2014 Page 3 of 65 Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Action Items A. Continued from January 21, 2014: Public Hearing: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts B. Continued from January 21, 2014: Public Hearing: CPAM 13- 002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use -Regional C. Continued from January 21, 2014: Public Hearing: PP 13-037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety -Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C -G, L -O and R-15 Zoning Districts Meridian City Council Workshop February 11, 2014 Page 4 of 65 D. Findings of Fact, Conclusions of Law for Approval: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts E. Development Agreement Approval: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts F. Resolution No. 14-977: CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use -Regional De Weerd: So, we will move to Item 6-A, which is a continued public hearing RZ 13- 015. 1 will ask for staff comment. Parsons: Thank you, Madam Mayor, Members of the Council. De Weerd: And, I'm sorry, Bill, I'm just -- we are accepting comments on all 6-A, B, C, and D. And E. And F. Parsons: All of the action items listed in the agenda. De Weerd: Yes. All of that. Parsons: Madam Mayor, Members of the Council, this project was continued from the January 21st hearing, based on recommendation from ACHD's planning division staff. They wanted to have their commission act on the application before your body recommended either approval or denial -- made action on the application as well. I am happy to report that that hearing was scheduled and heard on the 5th. The commission -- their commission did approve the project as it was presented to you on the 21st with no changes to their site specific conditions of approval. The findings that are on the agenda this evening -- they do reflect those updated site specific conditions moving forward and to my knowledge none of the adjacent neighbors even testified at ACHD's Meridian City Council Workshop February 11, 2014 Page 5 of 65 commission on this project. So, with that we are asking you to take final action on this application today and I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none at this time. De Weerd: Any comment by the applicant? Okay. Bird: Any other public -- De Weerd: This is a continued public hearing. Is there anyone that would like to provide testimony on this item -- these items? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move that we close the public hearings on RZ 13-015, CPAM 13- 002, PP 13-037, RZ 13-015, and RZ 13 -- no, that isn't a public hearing. Neither RC -- Nary: Just the top three. Bird: Just the top three, A, B and C. Excuse me. Milam: Second. De Weerd: I have a motion and a second to close the public hearings on Items 6-A, B and C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 13-015 and to include all staff, application, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion by Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, abstain; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council Workshop February 11, 2014 Page 6 of 65 Zaremba: Madam Mayor, I was out of town on that day and I apologize that I have not caught up from the minutes, so I will abstain from voting on this item. De Weerd: Thank you, Mr. Zaremba. Okay. That motion passed. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. De Weerd: Item 6-B. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CPAM 13-002 and to include all staff, applicant, and public testimony. Nary: Madam Mayor? You're actually -- Madam Mayor, Members of the Council, you're actually approving the resolution for the comp plan amendment, which is Item 6-F. Bird: So, we don't approve this, but wait until we go down to the resolution? Nary: Yes. Actually, those -- those are the actions below -- are D, E, and F. D and E would normally on your regular agendas be on Consent, but you can approve those and, then, the resolution is what's required for the comp plan amendment. Bird: So -- Nary: And, then, there is findings for -- Bird: So, we do the resolution instead of the public hearing? Nary: Correct. All you have done is close the public hearing and, then, you're going to approve the findings and the development agreement and, then, the comp plan amendment. Bird: Okay. I withdraw my motion. Do you want to go to F, then, or do you want to -- De Weerd: So, Mr. Nary? Nary: Yes, ma'am. De Weerd: They have just approved the rezone -- Bird: Yes. Meridian City Council Workshop February 11, 2014 Page 7 of 65 De Weerd: They have already moved and approved Item 6-A. So, now they need to approve the resolution? Nary: Madam Mayor, Members of the Council, what -- what I actually took that to be -- you're not really approving A, B and C, you're approving Item D -- Bird: D, E and F. Nary: -- with the findings for the rezone, then, you would need to approve the development agreement that's attached to the rezone -- De Weerd: Right. Nary: --which is E. De Weerd: They approved RZ, the rezone. Nary: Correct. Item D. Correct. And, then there is also a rezone ordinance that's at the end of your agenda as well. Sorry. It was a little confusing, because of the way we had to set this up to do them all together, but when I took the last Council action really was approving the findings for the rezone and so your next action could be to, then, approve the development agreement, which is Item 6-E or -- and, then, the comp plan amendment, which is the resolution that's F. De Weerd: Okay. So, we can go to -- to the -- De Weerd: -- development agreement. Nary: Yes. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the development agreement approval, RZ 13-015 and to include all staff, applicant, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve the development agreement under -- listed under 6-E. Any discussion from Council? Madam Clerk. Meridian City Council Workshop February 11, 2014 Page 8 of 65 Roll Call: Bird, yea; Rountree, absent; Zaremba, abstain; Borton, yea; Milam, yea; Cavener, yea. De Weerd: Motion passes. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 14-977. Milam: Second. De Weerd: I have a motion and a second to approve Item 6-F. Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, abstain; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. G. Findings of Fact, Conclusions of Law for Approval: Public Hearing: PP 13-037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety -Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C -G, L -O and R-15 Zoning Districts De Weerd: So, will you explain Item G? Nary: Madam Mayor, Members of the Council, so you have also heard the preliminary plat -- was part of the public hearing and normally you would have had the action -- or you would have had the hearing items, you would normally, then, approve them and, then, we would bring you back these other items at a different date for approval. Since we are doing them all at one hearing, it seemed easier to just approve the specific items. So, now Item 6-G is the preliminary findings for Solterra that needs approval. Bird: Madam Mayor? De Weerd: Okay. Bird: I move that we approve the Findings of Facts and Conclusions of Law on PP 13- 037. Meridian City Council Workshop February 11, 2014 Page 9 of 65 i Milam: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, abstain; Borton, yea; Milam, yea; Cavener, yea. De Weerd: Okay. Motion passes. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. Item 7: Department Reports A. Legal Department: Strategic Plan Update De Weerd: Thank you. That seemed a little painful. But there you go. Item 7-A is under our Legal Department, so I will turn this over to Mr. Nary. The Knights of the Round Table, uh? Nary: Thank you, Madam Mayor, Members of the Council. We try to think of a theme every time and some of the folks thought that alone again was good or we are alone. De Weerd: Naturally. Nary: Something like that. But we do use that round table quite a bit. It actually is kind of the signature for our department and we do all of our preparations, all of our pre - Council, post -Council collaboration, discussions are done at that table. So, it actually is kind of the heart and center of our -- of our department and what we do and we just think it was appropriate to highlight that as our presentation for this year. So, I appreciate it. We are small, but mighty now. We have five of us in the Legal Department. That includes myself. We have two deputy attorneys, Ted Baird and Emily Kane. As well as an assistant city attorney Andrea Pogue. And, then, our paralegal, legal services support manager Michelle Albertson. So, we do do a lot with a very robust staff and we try to make sure that all the things we do really are -- our objective is always to make sure that we protect the city's interest in every way. Kind of like the Knights of the Round Table. So, it seemed to be very fitting for us this year to pick that as a theme. I wanted to show a little bit of our office. We have a new space. I think most of you have been by, but if you haven't -- our lobby. One of these days we will actually have a sign, I think, on the door. That might be nice. Or in the hallway. We do have a little trouble with people finding us, so we are trying to get that handled here soon, so that people know where we are. And this is some of the interior. Our conference room and area. Actually, as I was doing -- looking for different knights. This is actually my great great grandfather's crest from England, so I thought it seemed appropriate to include that. So, what do we do? Well, for most folks I think -- for all of Meridian City Council Workshop February 11, 2014 Page 10 of 65 you you probably have the most interaction with my staff than anybody else in the city, but we do a lot with a little. We -- we review every Council agenda. We review every item that gets on the Council agenda. We, of course, are here at all the Council meetings, but we also cover all the boards and commissions of the city. We have a legal representation for all of those. We provide training for all of those commissions, both on public meeting requirements, public records meeting protocol, public meeting act requirements and such. So, we are -- we are there present at all of those different meetings of those different boards and commissions to make sure legal compliance is being handled appropriately. We review all the resolutions and proclamations that are done for certain items. We do all the development agreements. You see many of those on your land use applications, a development agreement. We work with a lot of private counsel on those around -- around the valley. We are always looking to improve those, but we work pretty diligently to kind of cut those down as best as possible, keep them sort and clean, to the point. We don't get paid by the word in the public sector, so longer is not necessarily better, so we try to make it more concise as we can. We prepare all -- De Weerd: Is that a jab? Bird: Do you believe that? Nary: Prepare all the ordinances for the city as well in the matter, which level -- whether it's the ordinances for land use, the ordinance for Police, Fire, Public Works, whatever it is, we prepare all of those. And, again, as I said, we provide all the meeting coverage, we do training, we review all the contracts of the city and we draft most of the documents that you will see in front of you we have either drafted them -- or we definitely have reviewed them all and a majority of them we have drafted originally. So, a few of the highlights for 2013 1 wanted to talk about. The Victory South annexation, I think that was a big undertaking with my department, with myself, Mr. Barry, Public Works and, then, our -- the private partners with the Meridian Heights Water and Sewer District, as well as the residents of both Kentucky Ridge and Meridian Heights. It was a very major undertaking. We had not done a Category A -- or, excuse me, a Category B annexation of that type in the city of that scale and that was -- we think it was very successful. We are still working through the finalities of the agreement. We are still on track with Public Works on getting this accomplished by the end of the year, for the district to dissolve and for all of that to become part of the city and we are very proud of that. That's -- that was a very major undertaking and it's really positive for the city and we were very happy to be a part of that and we think that was a very critical step forward for the city. Commercial recycling also has been a very -- a very involved and a very lengthy discussion over about a year's time period on both our transition of our trash service from Sanitary Services to Republic Services, but also in how the various types of solid waste are disposed of in our community. Some of it is done through public services and some of it's done through other vendors of Pacific Recycling and Western Recycling and a few others do various types and trying to sort that out as to what falls under our contract and what doesn't and how we would manage that was a task undertaking both for the Solid Waste Advisory Commission, as well as Andrea Meridian City Council Workshop February 11, 2014 Page 11 of 65 Pogue from my office, environmental with Mollie Mangerich and also with utility billing. It was a major undertaking of that commission to work through that to try to figure out what's necessary and to bring an ordinance that was passed last year to the Council. We thought that was a big success story for the city again to try and manage the solid waste interests throughout the city was very time consuming and very complex -- much more complex than we thought at the outset it would be and it was really a -- I think a job well done and a success for everyone. Parks code is another area. We have spent a few years -- Emily Kane is our primary attorney that works with the Parks Department. We have spent a lot of time in trying to put the parks code in order to make sure there was some clarity and sometimes there has been some issues of how parks are used and what you can do, what you can't do, how you rent facilities, what things you can do in parks. You know, we want to make sure parks are open to everybody, but we also want to make sure that the public's ground is protected and it doesn't become some free zone for people to open a business, run a business, you know, not really have any reason to care or take care of the park, yet they are making money off of the public's ground. So, we wanted to make sure our ordinances were in order to do that and, again, we have a lot of different types of activities in our parks and we want to make sure that it was done appropriately, legally, and safely and working with the parks staff is always a pleasure and the parks commission is a very actively engaged citizen's commission in our city and Emily did a masterful job in managing that in taking a very long code and trying to put some sense to it all. I know sometimes it can be very -- it can always be what's off putting sometimes with lawyers, when you think you're going to fix one thing and, then, we bring you a 30 page ordinance as a rewrite, sometimes that's a little off putting for folks, but we really want to make sure it's all done properly and it's all put together and try not to make it quite so complicated. So, we -- now sometimes we try to chunk those out a little bit smaller. But the parks code was a major undertaking, it took us a few years to get it there. The new City Council training, we did that in December. Some of your -- or all of you were part of that and we were really proud of that. We thought that was a good undertaking for all of our departments to work together to provide training on, again, all the levels of different things that council members need to know, our elected officials need to know in dealing with the public. There is a lot of complexities that you may or may not have known at the outset in dealing with public record and public opinion about things and -- but working with all of our departments in putting that together again was a success and a highlight for us. The impact fee update was done -- it's not quite done, but we -- it is a major undertaking to put that on to work with our consultant in the Finance Department. We think we are close. You know, obviously, we had a great discussion last week about that and we still have some work to do and Mr. Baird, Ted Baird, from my office is the one that manages that particular process and I think we are going to bring you back something you're going to like and I think we will get to some finality, but it's still an undertaking and we really -- feel really invested with. We know that it's a long term look for the city and it's a long term need for the city and we as a legal department want to make sure we are doing it correctly, it's an area that can be litigious out there. We want to try to avoid litigation on those areas if we can, so I want to make sure we are handling those right and we are really proud of the effort that's been made to this point and what we have brought to you. TUP updates. Those are the temporary use permits that we issue in Meridian City Council Workshop February 11, 2014 Page 12 of 65 the city. There is a lot of -- every year we learn different things on how they work. This is for things that occur in the parks, like some of the large scale events. Last year -- for some of the council members that were here, remember we had the one issue with the event that wanted to go into Kleiner Park. The Council did deny it. We, again, want to make sure we follow the appropriate process, so that way the public's rights are protected, but that the city's rights are protected in the use of our facilities and we learn something new all the time. We have a TUP team now that the Legal Department is a part of with the Clerk's Office, with Fire, with Police, with the building department, to make sure, again, the people that want to put on these large scale events or activities whether they are in the parks or in the street or on the sidewalks or in other facilities, that they are done safely, that they make sure they meet all the requirements. You know, we can't find that after the fact that somebody forgot to get the Central District Health approval to serve food or they didn't get their electrical permit or inspections and they have electricity running through that event if somebody gets injured or something even as innocuous as a tent, again, if they are not put up properly they can be very dangerous and harmful to people, so we want to make sure all those things are done and I know at times it seems to the average person that it's just a lot of red tape and really all that red tape is intended for safety and to make sure that they are done properly and we feel an integral part of that team to help that get done properly. Dark fiber is an agreement we worked on last year in dealing with the expansion of fiber in our city for our different facilities and it was a little different, because of the methodology we were using and the way we were entering that contract with Syringa was different than how we had done other types of contracts in the past, so it took a little bit -- a little different effort to do a little bit of research and time to make sure that the city was protected and that we had the right pieces in place in this particular agreement to make sure that the city's investment wasn't going to get lost and so, again, that took a little bit of time, but, again, we felt it was a long term benefit for the city in making sure that the city was protected once again. We had a DBSI bankruptcy case out of Delaware. We didn't have to go to Delaware, which is good. We were able to settle that very inexpensively with outside counsel and we were able to retain the city's funds. It seems like a no brainer and sometimes in law -- I think Councilman Borton can agree -- some things seem like they should be obvious -- this was simply a case where DBSI had paid us for services, for water and sewer services, but this bankruptcy court allows the bankruptcy trustee to rescind those payments that were made close to the bankruptcy filing no matter what they are and, then, they come back and try to sort through it all and decide what was actually services rendered versus what was paid for some other purpose and so it took us about almost a year to get it, basically, through the bankruptcy court and to make it clear all we were paid, which was about 25,000 dollars, was simply for services we had already performed. So, we were able to finally get that through and get that concluded at a fairly inexpensive cost to the city. We also had two public records appeals last year. We handled those in house. We don't hire out for that. We usually will handle them ourselves. We had one appeal that was in our favor -- actually, excuse me, we had two appeals to the district court and both were in our favor. These were people -- a person requesting public records of both a police matter and a fire. The police matter was -- was concluded in our favor and, then, the person appealed to the supreme court, so that matter is still pending. But the fire one was also in our favor Meridian City Council Workshop February 11, 2014 Page 13 of 65 and that one was not appealed and is concluded. So, again, we think it's a much better use of our resources on some of these to handle them internally, rather than hire outside counsel for them. These are areas that we feel like we have more expertise internally to handle these than really spending outside, so I think it's of greater value to our citizens to be able to do these internally whenever we can. We had some accolades this year. That's really not Emily Kane, but that's the best women lawyer picture I could find. But Emily Kane from my staff was selected as one of the Idaho Business Review women of the year for this year. I think the ceremony is next week. We are really proud of Emily and really proud of that selection, which we feel she is well deserved and probably should have been selected even earlier, but we are really proud of that. She is also the incoming president of our Idaho Municipal Attorney's Association and that's an old picture of me, that's why it's in black and white, that was the leadership award we had a few weeks ago and we wanted to make note of that. Sometimes we don't -- very often in our business you don't get a lot of opportunities to have accolades. Usually people are just mad. So, we thought we would take at least one slide to point out some good things that we have had. So, what I also wanted to highlight as part of this is what we do for the different departments. Again, some of them are fairly routine items, some of them are very specific to the specific needs. Obviously, the Mayor's office we are very intricately -- we are connected physically and we are also connected by the work that's necessary for the Mayor's office to function, whether it's legislative reviews -- we sit on the legislative group for the city with the other departments. We sometimes help draft legislation. We sometimes help craft white papers for that. Or contact legislators if necessary. Myself and Emily Kane are on the technical analysis team for the Idaho Municipal -- or for the Association of Idaho Cities lawyers' group. We do research, obviously, for citizen inquiries. We get, you know, occasional folks that just don't understand why this is the way it is or why it shouldn't be the way they would like it to be and a lot of times it really is just educating folks as to how government works, how the law was instituted and lots of times it's -- sometimes it's really enlightening. I mean people will bring things, whether it's to the Mayor's Office or the Council Members directly through maybe an e-mail or a comment card or to us directly and there are things that we had not thought of, the unintended consequence sort of situation and that may be something we might be, then, bringing back to a department or ultimately to you to look at a change, whether an ordinance change is appropriate or necessary. So, it really can be a real good both education tool for the city, as well as a good learning opportunity for us and sometimes, again, we think things should make sense, but they don't always and so sometimes as I just pointed out, we make a change. We provide advice and support, of course, to all the various areas. We want especially to point out Ada County landfill, because that's been a moving target for a couple of years. There has been a lot of changes in how the landfill has been operated and that's one that's kind of a -- it's kind of a red flag for us, because, again, we are not the biggest player in the landfill business in Ada County. Obviously, the city of Boise is a lot bigger user, but it does affect our citizens very greatly and how we do things is a little different in Meridian and so we try to keep a good eye on that. Our Solid Waste Advisory Commission is very connected with the landfill and how things are being operated and how it might affect all of us. Of course, as I said, we f prepare for all the Council meetings and we provide all general counsel to any legal Meridian City Council Workshop February 11, 2014 Page 14 of 65 issues that come up, both for the Mayor's Office, as well as all the departments. Finance. Again, the bankruptcy cases -- we don't have -- we had a lot a few years ago. It's down a little bit, but we have certainly had a new area of expertise that we got -- got involved in with bankruptcies during the recession. We had a number of accounts that went into bankruptcy and it's a different world and it's a different type of law and it has a lot of different regulations and so we needed to get up to speed pretty quickly. Andrea Pogue from my office is really the primary attorney we placed on that. She's the one that handles and monitors all those cases, files the appropriate stays, acquires the proof of claim, makes sure that the city does get what they are entitled to under the bankruptcy laws. We also have a board of adjustment, for the new council members, you may or may not know. We have a board of adjustment that deals with billing disputes between utility billing and a citizen and they may be something as innocuous as they think they were overcharged for a service and we have a board that's made up of myself, Tom Barry from Public Works, and a citizen member who is the chair, and we hear those disputes from the citizens and we make a decision on whether or not the bill was correct, whether it needs to be adjusted, whether it needs to be waived, depending on what the circumstances are, and my department provides that support, along with utility billing for that in making sure all the -- both the legal process is followed, as well as all the documentation and material is provided. And, then, again, hopefully, sometimes educating the public on how things are done and why they are done in a particular way. And, then, of course, we also provide support and -- for asset disposal. Again, there is a specific Idaho Code on how government can get rid of the stuff we have. Sometimes it's as easy as throwing it way and sometimes it's a lot more complicated than that. So, we want to make sure we are always following whatever legal process is necessary. Information services and IT and the City Clerk -- again, we review all the permits and licenses that are issues by the city, especially in the alcohol and beer and wine area. Again, there is some specific codes on those, so we make sure we review all those, but we also review, again, the permits that are issued for the other types of licenses and when the code needs to be updated we bring that or if it needs to be changed in some way we will bring that forward. We review all the public records requests. So, for -- again, if you didn't know it, every public records request that we get we direct through the clerk's office -- now, I'm sure there is a few here and there that may get missed or just get responded to incorrectly, probably, but we -- some of them also -- we have one as a tracking tool, so we know how many records requests we get, which is a lot, and also they are reviewed properly, because, again, there is a very specific legal process regarding all public records and how they get disseminated and what can be disseminated and so we have a process that our office reviews them and our contracted counsel with the police department provides the police department reviews, so they get hundreds of requests at the police department and they get reviewed as well, because, again, we want to make sure we are compliant. If you comply that's why you sometimes end up in district court and we had a couple last year, we would like to avoid those if we can, we want to make sure we are following what's required. Again, records retention and destruction is a process that we help work with the clerk's office to implement and we make sure that that's followed and as I spoke before, we have a TUP, special events team, that we are a part of to help, again, make sure that all those activities are going so the city's protected, we want to make sure that Meridian City Council Workshop February 11, 2014 Page 15 of 65 the city's liability isn't exposed by some activity or event, that we have some authority or t control, we want to make sure that the city's interests are taken care of. Community development. Planning and the building services, again, we -- we work very closely with planners and the planning department on all various levels of the UDC on enforcement, Planning and Zoning Commission, ordinances, interpretation -- again, development agreements, working with developers, working with their counsel, dealing with all levels of the planning process from the pre -app stage we may get calls -- we don't sit in on the pre -app meetings, but we are certainly involved with how those things are done and we are involved very closely with how those are interpreted, including the international codes that the city has adopted. So, the building code, the mechanical code, and those such -- again, we provide analysis for those and interpretation, we assist on those rewrites when they are necessary. The state dictates that a little bit. So, we have to follow that. And, again, we help with departments in making sure that we are consistent across the board that those are being applied. Police. This last year one of the things we helped implement was no smoking in the parks. Some people like that, some people didn't, but we as a city felt that was important and the City Council passed that as both part of the parks code, as well as in the general city and the city buildings, especially regards to e -cigarettes. That was a new area of the law that kind of came upon us last year. The legislature sort of missed the boat in dealing with e - cigarettes. They did prohibit them from minors to possess e -cigarettes, but they didn't prohibit them in indoor spaces and I, frankly, don't know if they are going to do that this year or not, but we felt as a city it was important, so we did bring that forward and we did prohibit e -cigarette usage inside public buildings in the city. We, also, of course, provided a lot of assistance and support and worked very closely with code enforcement. It's an area that can sometimes be very very tenuous in dealing with and the public sometimes gets very agitated by -- by code enforcement, both ways, I mean sometimes people don't like being told they can't park their boat there, some people don't like that we didn't tell their neighbor not to park their boat there. So, it works both ways and so we try very hard to work -- we have some excellent code enforcement officers and we have some excellent folks in the police department that help manage that and we work side by side with them on both code interpretation and how -- excuse me -- how to message that, how to make sure that we are being consistent and that's always the biggest concern I think for code is that we are being consistent across the city, whether it's, again, any of these items here, whether it's a UDC violation or like someone building in a setback area, nuisance, like weeds, nuisance like junk cars, junk in their yard, those kinds of -- abandoned vehicles, all those things are being taken care of -- weed control. So, those things you want to make sure we are consistent and we work as a partnership with police in trying to both interpret the law, as well as help them and give them the right tools to enforce it. Many times with that, as I noted in here in a couple of these bullets, we will attend meetings with the -- with the violator and try to explain and educate why do we do this and what's the outcome and whether or not, you know, a court action is instituted or not goes through us. Many times most people will comply without court action, some people won't, and so sometimes we have to go beyond sending them a nasty letter and have to go to court in another fashion, then, we do it and we certainly handle that and we do that internally as well. In Fire we do a lot of public records with a lot of requests for run reports. Lots of them are not a problem for Meridian City Council Workshop February 11, 2014 Page 16 of 65 us to provide. Obviously, our fire department responds to all motor vehicle accidents and crashes out there, but there are some issues that are different, so we have to make sure we separate out those types of things, so that there is health information that's in those reports sometimes and they do an excellent job in fire in separating those out. We want to make sure that we are complying with the public records requirement, but also making sure we are compliant with the HIPAA requirements of the federal code. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Real quick, Bill. Are most of those public records requests from the media, the majority of the police and fire? Nary: Madam Mayor, Members of the Council, Council Member Borton, I would say the largest percentage of them are insurance companies -- because of crashes. Sometimes the media -- not -- not a real large amount for the media. A majority of them are either citizens and primarily insurance companies. Borton: Okay. Nary: Administrative warrants, that was a different area we had to get into last year. We had a property owner that is on our inspection requirement that we inspect for large scale mass gatherings of people, didn't want us to enter voluntarily, so it required us to go get a warrant, which was fine. A judge issued a warrant for access to simply just, again, verify safety, that all the safety measures were in place, that all the right fire equipment, fire sprinklers worked, fire extinguishers were up to date, those kind of things. So, it was a different area of the law we haven't had to explore before, but -- and, then, if we have that issue come up again where we have a property owner that's apprehensive on allowing us access, we have a means to go acquire that and, then, again, it's for the public safety and that's the only reason we do it, just to make sure that all those things are in working order. Parks and rec. You know, again, it's a -- it's a great venue in our city to have the great parks that we have, which means a lot of people like to use them, so, again, our role many times is to make sure that whatever their people are doing that they are doing it consistently and that the city's interests are protected, so sometimes you will see in front of you contracts that we have with an event, we are making sure they have the appropriate insurance, they have the appropriate permit, so they can do whatever it is they want to do and we will draft those contracts for them most of the time. Again, many of them are forms now that we have worked with the parks department, so we can do them very simply and it's not that complicated. If it's a large event you probably will see it occasionally on your agenda and usually it's things that we have worked out with the vendor and one of the things I think that has been good for our city is we have been very up front about that process, so now we have people that want to put on large scale events that will come to us three months in advance saying I want to do this, how do I do it. They know that we are a city that holds people accountable that way and they want to make sure they can do their Meridian City Council Workshop February 11, 2014 Page 17 of 65 event and we are trying to help them get it down. I don't think we have ever been of a position that we are saying you can't do it, it's just you need to follow certain ways of doing things and I think by being very public coming now -- we have a specific time period in which you're supposed to apply and we do have people coming 30, 60, 90 days in advance of the application date to ask what do I need. We assist in all these other things. Community garden. I think you have a community garden agreement -- it's either on this agenda or it was last week's agenda -- yeah. And so we worked with them for the last couple years on having that in Kleiner Park. We have an agreement on how that's managed. And sometime, again, we have real property agreements, whether it's pathway easements and us acquiring pathways in different parts of the city, or sometimes we have had a lease -- in the 77 acres we have had a lease for farming where the Borup property is, so we have those things that we help craft for those departments. Public Works. Again, water and sewer easements, we review all of those, we get a number of those for our infrastructure, so we review them all to make sure they actually match up to where we actually want them to be. We provide legislative assistance as well in a variety of different areas. We have been working with Nampa - Meridian Irrigation District on a master agreement. We think we are close, but I don't want to put that on the high list yet, but we are hopeful. We had a very good meeting with them a week ago with their board and we are hopeful that we will get this master agreement, which will be a very good thing for the city overall. It will ease our -- how we do crossings and how we do our work and, then, hopefully -- the attempt is to speed it up a little bit, so our building season, our construction season, in the ditches and irrigation areas is very limited and so time is critical. So, if a master agreement we can r get done and other future crossing agreements we can get done in a much faster pace that it will help us, as well as help them, so we are out of their business when they need to be and we get our business done when we need it done. Again, recycling programs, we have a variety of recycling programs through the solid waste commission and we have worked with them and worked with our vendor, with Republic Services, to make sure they are getting done properly, the money flows in the right place, everything goes in the right place. And, then, of course, we have done some work with departments -- you know, we have had issues in the last year and probably will for a time period going forward dealing with water consumption and pressurized irrigation, cross -connections and those types of things and working very closely with environmental division on whatever programs the city needs to do we can be sure whether ordinance driven or whether it's resolution driven, how it's going to be done, so it gets in front of you in the appropriate time and the appropriate way. Human resources. We worked together very closely with -- with human resource on a variety of things. Sometimes it's legal issues that come up -- I thought this kind of looked like Patty. I don't know if you would like this picture, so -- we work pretty closely with HR, both on our union contracts, you know, on interpretation or how -- if there is an issue or a dispute, but also on our city policies and our city codes and how those get interpreted, both for the employees, as well as for the city, and, of course, if there is ordinance that are needed or relate to human resources or city policy, we can help craft those, as well as HR, so sometimes we will review them for legal compliance or we might write them and, then, have HR review them to make sure it fits the needs they want and if there is disciplinary matters, again, as well, because there is, obviously, potential for exposure -- liability exposure to the city, we Meridian City Council Workshop February 11, 2014 Page 18 of 65 want to work very closely together in that area and make sure that we are meeting the needs of HR, as well as all the employees. De Weerd: Is that you laying on the ground? Nary: No, I don't think that's you. I'm not sure. Bird: Hair is the wrong color for -- De Weerd: No. I said you. Nary: Oh. Me. That could be. No, that could be. De Weerd: Not me. Nary: Risk management. So, in our risk management we -- we have been I think from ICRMP -- the Idaho Counties and Cities Risk Management Program is our insurer and speaking with their director I'm really happy to say I think the city is -- is really a bright star for them. We are one of their larger clients -- not their largest, but we are one of the larger clients, but our loss ratio and our claims in relation to the size of our city is very small. A majority of our claims annually are very small amounts of money and very small amounts of types of claims. Therefore, some are crashes of city vehicles, sometimes our fault, sometimes the other person's fault. We have some minor things. We have had some claims regarding some of the lid covers around the city that are in the streets will get knocked loose, so we are getting better at keeping those attached, but they might injure a vehicle or something like that, but no large scale claims to be paid out. We haven't had any issues. You would know better than anybody if we did and we just don't. We have -- I think we have good management at the departmental level to keep the larger scale types of claims from occurring. We don't have -- you know, at other cities of our size or larger they will get a lot of claims for false arrest, they will get a lot of claims for police harassment or police brutality -- we just don't get that. That's -- I mean that's not our culture and that's not the type of department we have, that's just not the types of claim we get. We don't get claims about sewer backups all the time. We used to. We have gotten better. I think our department is much better at cleaning sewer lines, repairing old lines, replacing old lines -- we don't get a lot of those. Those happen occasionally, but not like it may have been ten years ago or 15 years ago. We do -- we as a city I think do a good job of managing the work, so the claims just don't come and on the litigation side, again, most of the claims that we have just -- ICRMP would cover those claims and we don't have very many. I mean right now we have -- as I have mentioned before, we have a pending appeal to the Idaho Supreme Court that's on a public records case, that's ours, and we are handling that internally. We have one case with outside counsel that is still pending. That's actually not a covered claim by ICRMP and we have one that is a covered claim by ICRMP that has outside counsel on it. But we don't -- again, we don't get a lot of Human Rights Commission complaints, we don't have a lot -- we don't get any unlawful -- or unlawful discharge types of complaints, we just don't. Again, I think we as a city -- we as the Meridian City Council Workshop February 11, 2014 Page 19 of 65 leadership team and the directors and the Mayor, I think we take a very active roll in how our departments operate and that really helps keep the claims down. On the other side where the other things that you find in risk management many times is safety and I have stood before this Council about a year ago and said -- and I have the same response again this year from the -- from the Idaho -- or the State Insurance Fund that's our insurer for safety, for work comp claims and their question always to us is how do you do it? How do you get people to come back to work and how do you not have a lot of lost time, because we have claims and like any employer we have people that do get injured at work, they don't get injured severely, we don't have very many that have been injured significantly, because, again, we have very active departments that make sure that our officers are trained really well, the police, that our firefighters are trained really well, that helps avoid injury. We have a culture of workforce to come back to work. Most of our folks don't like to sit home and watch Judge Judy, they'd rather come to work and so we don't have people that other employers experience that you can't get them to -- you have to order them to come back to work. I mean it can be very difficult. We just as a culture in Meridian -- we don't have that as a workforce, we don't have that -- and as a management we don't have that. People do want to work and do their job and come here and, again, we take a very active stance on safety in the department and so we don't have a lot of lost time for injuries related to either training or on the job. Most of it's pretty minor stuff. A couple of doctor visits for a lot of them and they are back to work. Future needs. Trying to look -- you know, part of this process that each department was to go through this year is to kind of look at long term and these are the things that -- that I thought of that as we grow as a city there are things that we are probably going to have to consider differently than we do today. The police attorney is one of them. We currently -- if you don't know, we have a contract with the city of Boise and they have been our -- they have been our prosecution and police attorneys for 12 years and it's been a great partnership and they have been great to work with and the court facility is downtown Boise, the court facility is three blocks from their office, they handle criminal prosecution cases by the bus load and our little piece of that is a little piece and so it's been a really good fit for Meridian to partner with Boise, for them to handle our criminal prosecution. In addition to that, with their criminal prosecution contract, they also provide police attorney services, so they have an on-site attorney in our police department three days a week in the afternoons providing general -- general questions to the officers, answering any types of legal issues they may have. They also review all of the public records requests while they are there and they also provide training annually to our block training. So, when we have annual training of police they participate in that and they also provide legal updates and bulletins to the police department periodically as well. It's a great service. And, again, it's been a great partnership with Boise and the people they have provided to us for that have been top notch. So, we have no issue with that. But in looking at the long term and you put that lens on, at some point it probably will make sense that at least that piece of that service may be something that we want -- we prefer the person work for us. The need is greater, the need is busier, and that really is a discussion the chief and I have every year is, you know, have we got to that point that we need to come back in the budget time and ask for that position and I don't know when that's going to be, but it probably will be at some point. I didn't include on here prosecution services, because that one Meridian City Council Workshop February 11, 2014 Page 20 of 65 has some other nebulous factors attached to it. As long as the court is in downtown and the city of Boise continues to want to provide us on a contract basis, it's probably going to make sense to leave inhere. If the court ever changes, then, we would have to revisit that and decide what would make sense for the City of Meridian. But definitely the police attorney is a short -- shorter window. I think that we need to look at and decide would it make more sense if the person worked here. We have a part-time attorney. We have had a part-time attorney position for seven years and we had the same person in the part-time attorney position for five and she's great. Andrea Pogue is a great attorney and manages that type of scheduling better than I think anyone could. It's very difficult to be an attorney part time, because it's really hard to just say, well, my time is up, even though I have a legal question I have got to finish, I will have to do it tomorrow. You know, it sometimes can be very -- so, you have to be really organized and a very good time manager to do that and she does a great job. But as I look at long term there is a point in time that our workload and our need will be enough to want to fill that through a regular full-time position and when that is I don't know, but that's the most logical extension or expansion of our current staff, it's just moving that. We are also fortunate, too, because whenever I talk with people who want to work part time as an attorney they only want to do it until we can make them full time. No one does it for five years. Andrea is just the right person in the right job, because it fits for her, but if we had the need for full time she would be willing to do that as well and we just need to gauge our workload and when that's the most appropriate to come and ask for that. Expanding knowledge base on various disciplines. You know, the law is an ever moving target and there is a lot of different things and I don't think -- I can say for myself when I was in law school they didn't spend a lot of time explaining what municipal law was like. Probably good. Maybe I wouldn't have wanted to do this, but I have, but there is so many different areas of law you have to understand in the municipal world that you may not need to in the private world or you may not need to in certain types of places. If you work for the city of Boise as a criminal prosecutor you don't have to know a lot about contract law, you don't have to know necessarily about land use, but they have -- they have 25 attorneys there and I have four. So, we have to be very active and we have to constantly make sure we are in front of the variety of issues that we have and so I know we are going to be probably reevaluating how we do our training and where we get our training from and how expansive that knowledge is, because it's my objective to be able to handle the city's needs as much as possible with the staff that we have. I don't like to have to hire other attorneys all the time. I mean litigation is one thing and it's a very special skill set and we try to not be in a lot of litigation, but there is other areas of law that we maybe just need to be a little bit more trained in and that way we could be on-site help for the department in a better way and so we are always looking as to how we can do that and I think we have been very successful, but I know that's something I have to -- as a department -- the department director I have to make sure that our folks are meeting those needs and I make sure I'm giving them the tools to meet those needs. And the last, the city-wide staff training. When I met with each of the departments as we did the change in departments, I met with each department director to ask them what were we doing they liked and what we were doing that we could do better and I'm appreciative and grateful that they didn't have a lot of things that f- they thought we could do better, but they did agree that they would like some -- Meridian City Council Workshop February 11, 2014 Page 21 of 65 sometimes they do need specific training in varieties of things that we can be a greater assist on than trying to find somebody else. So, whether it's in legislative changes, whether it's in law -- legal changes that occur elsewhere, court cases in the land use area, the departments have asked for that. So, we need to look at creating something from our department to provide that training and if we are going to be in house we really need the ones to be the go to people for those types of issues and we want to be that and the departments want that, too. So, we want to make sure we are providing those levels of need and how we do that, again, is something we as a department will be formulating and, then, bringing back to the Mayor and the directors. And that's all I have. That's -- that's our department in a nutshell and that's both the things we have done and things we are doing and the things we are going to do and if you have any questions. De Weerd: Thank you, Bill. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just one question from me and I was informed that this presentation may be, indeed, awesome and it was almost nearly awesome and I thank you for the very competent report. Bill, what's a determining factor as to when you handle the case in-house versus hiring someone from the outside to handle it? Nary: Madam Mayor, Council Member Cavener, what we look at -- one, obviously, is do we have the expertise first. If we don't have the expertise, then, we, obviously, need to look outside. Unfortunately, it depends sometimes on if it's a covered claim or not. If it's a covered claim by ICRMP, then, they will provide counsel, we have already paid for that in a sense, so that's an easy one. But if it's something that's not covered, we look if we have the expertise and, secondarily, we look if we have the time. If -- because of -- because of the size of our staff, if I -- if I look at a case and think, okay, this is a litigation case, it's going to take a lot of time whether it's depositions or court appearances or whatever, and I can't really devote one attorney to do that for a year or more, because, then, everything else has to shift back to everybody else, because they will primarily spend most of their time doing that, that's -- that's usually the deciding factor for me to, then, come to the Mayor and Council and say I need -- I need to hire outside counsel for this. I don't have the time to devote to it. But certain things like the appeal is a great example. Public records is our thing. That's what we do. So, we probably know it as much as most people do and the time on appeals is a little different, because it's much more structured. You know, there is a time period in which to file your briefs and there is a time period where it's set and so it's not quite like a litigation case, it's a little bit more orderly and not quite as time consuming. So, those are the ones we could decide we can handle that ourself. But those are the two biggest factors I look at is do we have the expertise on staff to do this and, secondly, do we have the time, so that we are not -- you're not losing the rest of our clientele or the rest of our departments are suffering, t because I have one attorney that only is doing one thing. Meridian City Council Workshop February 11, 2014 Page 22 of 65 De Weerd: Thank you, Bill. Anything else from Council? Bird: Just a nice report. Very nice. De Weerd: Thank you. Nary: All right. Thank you. E. Title amended to read: Community Development: Update on Transportation Projects, Plans and Studies - Includes Discussion About Center Medians/Curbing in Overland Road West of Meridian Road and Upcoming Construction Projects De Weerd: Council, I'm going to move Item E up, because we have a couple of our committee members and businesses that would like to weigh in on this. So, unless anyone has an issue with that. Bird: No, Madam Mayor. De Weerd: Okay. Okay. So, Caleb, I will go ahead and turn this over to you on the community development update, kind of your all things transportation, but in particular to discuss about the center medians and curbing on Overland Road west of Meridian Road. Hood: Okay. Thank you, Madam Mayor, Members of the Council. I'm sure you just made some project managers in our Public Works Department not so happy, but that's okay, I appreciate moving it up. We do have a couple of guests here that -- De Weerd: But our public -- I mean our Public Works, they love transportation, so -- Hood: They should anyways. Madam Mayor, Members of the Council, for the newer members of Council this is something I provide on a -- basically a bi-monthly basis -- semi-monthly basis, an update on transportation projects that are happening that I'm involved with that either have -- that have transpired over the past couple of months or about to go into construction. So, hopefully, you have all received a copy in your packet of a memo that I prepared dated February 5. As stated in that memo, I'm not going to go through all things, I am going to focus on primarily the item that the Mayor mentioned that was on your agenda. There is just a couple of other things also noted in that memo, though, that I did want to update you on, because that's what it says I was going to do. So, under key ACHD design and study projects on page two of the Franklin, Black Cat to Ten Mile Road, project that was something that was discussed late last year. Ten Mile Christian Church packed the house, they came and addressed the Council about some center medians -- center landscape medians that were being designed as part of an ACHD project to widen Franklin Road between Ten Mile and Black Cat. So, the exhibit that's on the screen now kind of shows where one of the Meridian City Council Workshop February 11, 2014 Page 23 of 65 exhibits that was discussed at that meeting -- so, Ten Mile Christian Church, obviously, is here and the center median is the purple in the middle of Franklin Road as it gets widened. I did attend the ACHD commission meeting on the 5th, the Solterra project that you acted on earlier was also on that agenda. During that meeting Diane Bevins, the project manager at ACRD, put out a new proposal and that includes -- and it's just off screen here, but there is a signal plan for the Umbria public road and that wasn't planned to be constructed until the warrants were met for a signal there, but after some more discussions with some of the traffic engineers over at ACRD, they decided that a compromise would be to install that signal day one with the project. So, as soon as the roadway gets widened to five lanes, that signal would go in, alleviating some of that -- well, if there is a safety concern over time and accidents occur or congestion gets to be too heavy, then, they will put that signal in and may restrict the main driveway to the church. They just said let's put it in right off the bat and get it on the ground, that way there is a safe left -in, left -out of the church, again, from the outset. That information was shared again at that meeting with the church and their representation and they weren't comfortable having the dialogue just having received that, so they have been talking this past week, ACRD commission did, to continue out that project to their February 26th meeting. So, no final action on that yet. I don't know where the church is at. I did talk with Jeff Hess for a few minutes after the meeting, he's representing the church, I think they are, again, trying to figure out what their next steps are, if that's a happy compromise and they are ready to go forward with it. Just a quick status update, since that was something that was discussed a couple months ago now at Council, so -- De Weerd: So, Caleb, the light would go in when? Hood: With the widening of Franklin Road, Madam Mayor. De Weerd: Okay. So, once they take some of that -- that hump out, because that -- okay. So, that's still a year or two down the road. Hood: Right. De Weerd: Two years? Hood: Sorry. Madam Mayor, Members of the Council, that is an FY -17 project, but it's advantage construction, it would be done sometime '16, '17. 1 don't know what -- probably about a year worth of construction. So, somewhere in there. So, yes, a couple years out still. De Weerd: Okay. Hood: Any other questions on that? Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Meridian City Council Workshop February 11, 2014 Page 24 of 65 Milam: My question is -- so, when they put that light in, are they putting -- when they widen that they are putting the median in right away or are they going to wait and see if that's necessary? Hood: Madam Mayor, Council Woman Milam, that is the counteroffer or the compromise that ACHD came up with, is that if they put the signal in here that would justify the median. The Council said we'd prefer you not put the median in. That was under the premise, though, that the signal would be some time in the future -- 20 years from now or whatever. So, I don't know if that changes anyone's opinion or not, but it's certainly a different conversation than we had when the church was here and the signal was something that wouldn't be with day one. So, what ACHD is saying, again, is we will put a signal at this access, which, again, the church has access to, and construct a landscape median there and the remainder of the mile back towards Black Cat. Milam: I had another thought on that, which would be just to have a blinking light with a reduced speed limit when church is in session, since that's really the only time that that's going to be a hazard, for the most part, with a lot of traffic going in and out of there. Something that the church can control when they have something going on at the church. Hood: Something I can bring up with them and the engineers at ACHD. Milam: Thank you. Hood: So, I will be back on that one when a final decision is made by the ACHD commission. Just real quickly and before we talk about Overland, the Fairview corridor, we had the meeting last -- there was a joint meeting. Thank you all for attending. Councilman Borton, we missed you, but you didn't miss too terribly much. It was a good discussion I thought. I apologize we didn't get you that full strategy before the meeting so you could fully review it. I know Brian gave a brief presentation a couple of days before. ACHD has been on that same meeting the 26th -- is planning on taking action on that. Hopefully you all received my e-mail with the electronic copy of that. If you have any comments I would be happy to take those forward. Madam Mayor, I don't know if you wanted to draft a letter, a compilation of comments or not. That's not necessary. I spoke to Jeff Lowe after the meeting last week. They will take any comments we have, either individually or on our letterhead signed by you. I just wanted to touch base and see where everyone was at. If you want to direct me to draft a letter that -- a letter that we sign, I need some talking points for that, obviously, but I just wanted to -- De Weerd: Caleb, when are they hoping to get those? Hood: We don't have to do it now. We can do it, again, electronically. If you want to send them to me and I will see what I get and, then, I would kind of share those and Meridian City Council Workshop February 11, 2014 Page 25 of 65 say, you know, does it warrant a letter or shall I just forward on some of these comments directly to Jeff, you know. De Weerd: I think it would be important to have this on a future agenda and get the comments to Caleb, so he can kind of compile and consolidate and, then, we can have a discussion. I think that the letter should come through -- through the city and under the signature of the Mayor and Council. Hood: Okay. So, we will do that and shoot for -- it's either the next meeting or the meeting before. Again, the 26th is when ACHD is planning to act. So, not a whole lot of time to get those comments, so -- De Weerd: Well, we can put it on the next agenda. I guess, Council, my question to you -- I know that they will be accepting comments at the 26th -- on the meeting of the 26th. Would you like to accept comments at our meeting as well? Bird: I would. De Weerd: Okay. So, my office can work with you and get something out. Hood: Thank you. And, then, the headliner and the last thing that I have to discuss with you this afternoon is regarding some -- again medians. Are you sensing a theme here with the medians? So, center curbing, medians, on Overland Road were installed recently between Stoddard and State Highway 69, Meridian Road. The transportation commission did take this matter up during their January meeting and discuss those medians. The commission voted to recommend that the City Council engage ACHD on this topic, asking them to consider modification to the center median near the main entrance at Walmart. So, in the memo I put the main entrance to Walmart, because this is -- oops. There is a -- what would be their main entrance or entrance closest to the front door off of Overland Road. So, that's -- when I say main entrance, that's how would -- the reference point there. So, just a little bit of background on why this is before you and why the transportation commission discussed it. City staff did receive several correspondences from Walmart patrons, homeowners in the Bear Creek Subdivision, just people in the area that are traversing it and business representatives, which two are in the audience today, and I believe, Madam Mayor, if you're willing, would like to address the Council for just a couple minutes here about the traffic flow in the area. So, Walmart patrons have complained that they have had to go around the store to get there. As you can imagine with the interchange being fairly close, the dominant direction of travel is from east to west and with the -- similar to the Franklin Road there is a little -- you're going uphill as you -- as you continue west on Overland Road. A lot of folks miss the signal at Lowe's. It's commonly referred to as the Lowe's signal, because Lowe's is here and you get a lot of folks that drive right on past that and, then, they can't get into the main entrance at Walmart and they have to go around the block to Stoddard. Slide this over and I can't -- which is just off screen here. And so you get folks that are frustrated, because they have missed it and they have got to go around the block. In fact, the first driveway on the back side of Walmart is a truck Meridian City Council Workshop February 11, 2014 Page 26 of 65 entrance only, so they go all the way to the south side of the building and, then, they have to drive around and come in here, so -- De Weerd: I recently did that. But not to Walmart, it was just to take a left out of Wahooz and that was infuriating. Hood: So, Madam Mayor, that's one of the other things that I have heard is with the center median. So, there is a median -- I should use a different color. Apologize. But there is a -- there is a median in the middle of the road, which does allow -- again, a signal here and, then, there is a center median that prohibits this from being a full access driveway, but you can turn left into Pinz and Wahooz, but the other concern that I have heard is if you're leaving Pinz and Wahooz you can turn left out of -- out of that site, so you get pedestrian -- or vehicles that will cut through the driveway to get to the signal. I don't know if they -- how they go through there, but that's -- De Weerd: And I don't think it's intuitive to go through a driving -- or a parking lot to get to a traffic light. Hood: And, again, that's some of the concerns -- you know, obviously, you have got generally kids in this area and so you have got motorists and kids and -- obviously, it's a parking lot, so cars are to be expected there, but the more cars that are just passing through the parking lot is something generally to avoid. Now, you can turn right out of here and make a u -turn at Stoddard as well, a legal u -turn and turn around -- De Weerd: There is no sign that says you can. Bird: That's right. De Weerd: And it has to be signed, from my understanding, is that correct? I don't know -- you're a detective, but you know traffic laws. De St. Germain: I don't remember traffic ten years ago, Mayor, and I think it should be signed. I'd have to look up the -- the state ordinance on that, though. De Weerd: Thank you, lieutenant. De St. Germain: You're welcome. Hood: So -- but that is one of the concerns, again, that we have heard about is that with the median that the access points and the conflicts and -- so, again, from neighbors, from patrons, from business owners. So, the -- the transportation commission again recommended that you engage ACHD -- they don't have that authority to ask ACHD to evaluate this scenario. Just a little bit more background and, then, I will let you have the floor, but ACHD did require those medians get put in with Walmart. So, their staff can't change that. That was at the action of the ACHD commission. So, I have engaged with Meridian City Council Workshop February 11, 2014 Page 27 of 65 their -- at the staff level and they said we can't touch that. Our commission required that of Walmart and so any changes out there will require commission action. De Weerd: And just for our newer City Council members, this wasn't a condition of approval either. That's not something that the city asked for or even knew about and I know when they were put in we got -- my office got instant phone calls from -- from the neighbors, because you couldn't -- you didn't have very many options. Hood: So, again, I have engaged with ACHD staff on a solution to this. We talked about potentially putting, you know, some sign overhead at that signal saying Walmart with an arrow to the left, you know, letting motorists -- or something near that signal or before that signal saying, hey Walmart here is -- turn here type of thing. It didn't seem to meet their warrants. I will keep this nontechnical. They generally don't like to advertise businesses, unless it's for short durations and related to construction type of things. So, they weren't comfortable on their arm mast putting up a sign saying turn here to get to Walmart and the other -- a monument sign or whatever kind of along the -- the frontage there was fairly quickly dismissed, too. So, again, we have tried to problem solve this. Again, the transportation commission thinks that some modification of the existing median primarily, again, in this area is appropriate. They -- they did -- in their motion they didn't say to modify it to match the left -in allowed here, so you would have -- sorry, my artistic ability is not all that great in this computer, but to do something like that where you mirror left turns that turn into each other -- it would still prevent a left out of either side, but that seemed to be where the commission was going. Certainly the question is before you, shall we just ask them to take the median out, you know, somewhere back in here or move the whole section to Stoddard or whatever. But, anyway, Madam Mayor, I think that is -- is my presentation and, again, we have Pat Morandi representing Wahooz and Roaring Springs here in the audience and Van LeFevre, who is the manager at Walmart here as well. So, unless there is any other questions you have of me at this point, I'm done with my presentation. De Weerd: Thank you, Caleb. Council, any questions for Caleb at this time? Bird: I have none. De Weerd: Okay. I do know I saw a hand up. Was it about the u -turns? You want to make a quick comment? I really like that you raised your hand. That was really nice. Petersen: Thank you, Madam Mayor and Council. I know that Idaho state law allows you to make a u -turn at any intersection as long as there is not a sign saying that you can't. It was the opposite way. De Weerd: Thank you, Austin. Well, see, we learned something tonight. De St. Germain: We did. Meridian City Council Workshop February 11, 2014 Page 28 of 65 De Weerd: Pretty cool. Okay. So, Pat, do you or Van want to come up? Hi. If you will state your -- Morandi: Can we both be up here? De Weerd: Sure. Just speak one at a time and you will have to state your name and address for the record. Morandi: Pat Morandi. CEO of Roaring Springs, Wahooz and Pinz. 3162 South Silvertip Lane. De Weerd: Thank you. LeFevre: Van LeFevre with Walmart. My address is actually in Nampa at 2023 West Honeydew Drive. De Weerd: We won't hold that against you. LeFevre: All right. De Weerd: At least until after you speak and, then, we will decide. Thank you, Pat. Do you want to tell us what your thoughts are about access in those areas? I know you serve on the transportation commission as well, but would just appreciate both your and Van's feedback in this area. Morandi: Well, we are seeing a lot of confusion from our guests trying to leave our property and get out like you did the other day and during the summertime -- Walmart opened up in August, so we had -- the water park was open at that time and we had a lot of traffic in the water park parking lot and we had a lot of cars coming through that parking lot to access that light out in front of the water park. Ideally it would be great if we could somehow remove that median, so that we could have free access, a full -- a full out, left, right out of Wahooz and I think speaking on -- I will let Van speak on his part of his business. LeFevre: So, I agree with Pat that the -- the best solution would be if we could just remove that. Obviously, the complaints that have come to the city and to the county -- I take a lot of those calls as well from my patrons, as well as the property that neighbors mine and another aspect to it is just the safety concerns with that median in place. You could stand out there on any afternoon and watch just u -turn after u -turn not at the light, but right around the end of the median, which creates a safety issue and a potential accident. There has been none to this date that I'm aware of, but just from a business aspect -- or from a business aspect, as well as, you know, us trying to -- to work with the neighbors there so that we don't impact them negatively, removal would be the optimal solution to that in my opinion. De Weerd: Council, do you have any questions for either Pat or Van? Meridian City Council Workshop February 11, 2014 Page 29 of 65 Bird: I have none, Mayor. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just one quick question for Pat. When -- the last time that I was at Wahooz was a couple of weeks ago. Did I notice that you have signage now at Pinz and Wahooz that directs traffic to the signalized -- the signal in front of Roaring Springs? Is that accurate that I saw that? Morandi: Yes. I asked ACHD to -- for some signage, because people didn't know to go through the water park parking lot and they -- they came and installed that signage. Not a lot of people see that on the way out. De Weerd: You see it as you drive by it. Cavener: As was my experience. Thank you, Pat. De Weerd: Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: What is the speed limit right there? Morandi: I believe it is 35. It might be 40. One of the two. Milam: Thank you. De Weerd: Yeah. So, any -- any other comments? Okay. Thank you. Morandi: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I might asked our first responders the same question. I know they have to deal with access to businesses on an emergency basis and I guess my question would be how does that affect response times to maybe have to make a u -turn at Stoddard for -- for response? Meridian City Council Workshop February 11, 2014 Page 30 of 65 De St. Germain: Well, it's definitely going to increase our response times, no doubt about it, but the officers will do a u-turn, because they are running code three and red lights and sirens if it's clear, I would imagine that would cause a 20 second delay to go around that. Wouldn't you agree? De Weerd: Well -- and it's those speed curb things, so it's not a rolling curb that they can roll over. They will be trying to do the same -- the response time for the police is going to be better than fire, because that u-turn is going to be a little bit more complicated with a fire truck. Zaremba: Thank you. De Weerd: Thank you. Any other questions for staff? I guess, Council, this is something that definitely is -- as a community we should be weighing in on. I know when we first started getting the phone calls from the neighbors, we reached out to Ada County Highway District and they really wanted to wait and see as people started to learn that area and the new patterns and that sort of thing. I don't think it's gotten any better, I think it's possibly gotten worse. So, I think that if we want to weigh in probably this is a good time. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: My personal recommendation and thoughts on this would be to reduce the speed limit and remove the medians. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know. All of a sudden the last couple of years some engineers at ACHD and the state have got real median happy. I think medians personally are the best deterrent to encourage business. I think turn lanes work -- this is just my opinion. I'm not a traffic expert by a long ways, but we had turn lanes for years on busy streets and now all of a sudden we got to have medians -- confuse people to start with and we are sticking them where we -- I don't think we should, because we are causing traffic jams more than we are helping. As far as reducing the speed limit, like Council Woman Milam said, I think 40 along there is very good if we have the traffic design to get in and out of the deals. I mean we can't -- medians is not going to make up for stupid drivers. don't care what it is. You got -- you got people that -- and we have all done it, had a lapse of memory and done something stupid. But I just -- I think we are putting medians -- we are hindering traffic more than we helping are with medians. That's my personal opinion. Meridian City Council Workshop February 11, 2014 Page 31 of 65 De Weerd: Any other comments? I know, I am trying to not respond, but I think on Eagle Road we have cleaned up a situation out there and our safety personnel can tell you that we are spending less time on that road because of those medians, but that's a high speed road. It's different than some of our arterials that are lower speed facilities and have multiple access points that you don't really have on Eagle. So, it is -- it is different and I would agree that we need to be less generous with our median on our arterials. How was that? I'm trying. That's a New Year's resolution is not to be so pointed. Go ahead, Austin. Petersen: Just from -- from ACHD's perspective of their access management program, the installation of medians is really to reduce the amount of access points along arterial roadway and that's where you get the most -- generally have the most crashes and also causes congestion when you have different, you know, turning -- the more movement you have in an area the more congested it gets and so they try to put the medians in there so you could -- your arterial movement, because arterials are generally so that you have traffic moving through the area and you want to keep your different movements to certain areas and that's why they have this signal here in front of Wahooz and then -- and so I would just like to say that they have the medians there to help improve safety and I think that in most cases that it does improve safety and there have been multiple studies as far as whether they prohibit business or not. There has been several case studies that I have read and looked into on this and in most cases it has shown not to reduce economic development. De Weerd: And, Austin, I -- I would agree with you on that. However, this is -- Roaring Springs is -- is different. If we had a backage road or a frontage road that didn't run traffic through the middle of the parking lot that has lots of kids in it, I would agreed with you, but that's an accident waiting to happen and, you know, it's -- if you can look at roads in isolation and land uses in isolation, it's easy to -- to be black and white. This is really gray right here because of the land uses that it has with a family friendly entertainment and it's -- it's tourism. This is a tourism location. This is a designation location and my concern is you using this because it doesn't have a frontage road, that we are running traffic through a busy parking lot that has kids in it as the alternative -- or the alternate to get to a traffic light and that's where my concern is. You have this off the freeway to be easily accessible and Pinz and Wahooz is as much of a destination as Roaring Springs to not let them get back on the freeway by taking a left-hand turn is -- is going to cause some stupid mistakes from people who are frustrated, because they don't have an option there and that's my only point, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Austin, my -- my concern is how many -- how many wrecks are we having with turn lanes that are -- that are t -bones against -- most of your wrecks is because -- is rear end ones, am I not right? On these roads, arterials and stuff? And on Eagle Road putting in a -- putting in an extra lane from the freeway to past the Village, has really Meridian City Council Workshop February 11, 2014 Page 32 of 65 helped safety wise there. So, I -- I don't know. I think maybe there is places medians could, but if you -- if we as a city are encouraging businesses or entertainment centers to these roads, then, we need to make sure that these businesses have access both ways. Zaremba: Madam Mayor? De Weerd: Thank you, Austin. Yes, Mr. Zaremba. Zaremba: The comment I would add -- I have worked with transportation systems all over the country and in many places they have medians that work very well. One of the big differences, though, I have found in many of the cities that I work in, whether -- whether or not the city began before there were automobiles, they tend to have arterials on the quarter mile. They have quarter mile grids and their systems work well and to have medians in between those block lengths is not that much of an inconvenience. The difference here is that we have the arterials on the mile and I have heard -- people have heard me say this before, to go around the block is a four mile trip and, therefore, the function of medians here is much different than it is in a place where the arterial grid is on the quarter mile and we need to be very aware of designing in u -turns and alternatives and maybe sometimes leaving the median out where it might be justified, but because we don't have the option of going around the block being a short trip, it does have a different impact than it does in many other cities and while I support the use of medians many places, I think we need to be very careful here because of the difference. Personal opinion from a lot of experience. De Weerd: They do make sense in certain areas and that's usually when we have been able to plan ahead and we do have the frontage or backage and there is a circulation plan in how those vehicles will flow. Any additional comments or questions? We are looking for direction. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think Councilman Zaremba -- De Weerd: Do you want to pull that closer to you. Borton: Councilman Zaremba's comments are fantastic and his experience I think is very valuable to all of us and I agree with him in every respect with regard to medians and it truly is a case-by-case, in my view, review of their appropriateness. In this particular instance it does make the most sense in light of all the factors to ask that it be removed, but another component with medians that I see needs to be addressed also is the sequence of their implementation. They have -- I'm very certain of this -- they can have a devastating impact on prospective development of bare ground and the ability to construct a successful project of any size after medians are in and I'm referencing in Meridian City Council Workshop February 11, 2014 Page 33 of 65 particular the Franklin Road from Ten Mile to Black Cat, where there is the vast majority of vacancy. Medians -- the impact of medians there would be much more devastating to economic growth than in this particular area. So, the timing of them are really critical. They may be appropriate in certain locations, but they also may be appropriate after a certain traffic count, after a certain density in development has come in to allow those businesses to launch and be successful. So, in this context here, this location, it makes the most sense in my mind to have it removed. With regards to the Franklin Road location I'm unclear of any justification for the medians throughout that mile stretch until some future date. So, I -- just comments on both -- both sections. De Weerd: Okay. So, Caleb, I think you have a sense of -- and you can write up a letter. Council, do you want it to be under all of your signatures or -- or are you okay with just mine? Not just mine, but mine. Zaremba: Madam Mayor, I'd be happy if you signed it on behalf of Mayor and Council with your signature. Bird: I have no problem with it at all. De Weerd: Okay. Very good. That's what we will do. And thank you for letting us put this ahead and -- and, Austin, thank you for your comments. B. Community Development Report: Growth Impact Tool De Weerd: Item 7-B is our Community Development report. Growth Impact Tool. Chatterton: Mayor and Council Members, we have just been dealing with some of the decisions which are -- added up to on what our community ends up being like with growth. Transportation is one of those many areas. It's a funny thing, though, when you talk about growth, we really don't often stop to think about how those decisions add up. What's the overall impact? What kind of community will we end up having? What -- what are those -- really, what does it add up to in terms of the overall effect on the community. You know, because you -- a good 80 percent of your typical agendas deal with land use issues, often with transportation, and we need to maybe step back a little and see how those decisions add up to affect our community. And, obviously, the fiscal impact of growth management is critical. When I arrived on the scene, what, going on two years ago, I was really happy that -- when the Finance Department, with Stacy and Todd and Rita, introduced me to a model that Meridian had commissioned and it was -- I thought it was great, because it was similar back in a previous life as a consultant I had worked on a similar model -- basically a model which is a tool that can help us figure out the impact -- dollars and cents impact of land use decisions, both from a comprehensive planning standpoint or from those small tactical decisions that we make week in and week out having to do with land use, annexation, and on and on. Well, we have been planning on looking at the model and maybe dusting it off and starting to use it. We have also been thinking about it several -- the last several meetings we have talked about the overall economic development strategy for the city, which we are going Meridian City Council Workshop February 11, 2014 Page 34 of 65 to be rolling out to you here in the next couple of months and we have been thinking about this model as being an important tool for that overall economic development strategy. Well, completely by coincidence Idaho Smart Growth had been thinking about this model as well. They had been looking at the approach and realizing that there was a lot to like about the -- about the approach of saying how could we grow in a fiscally responsible way and so they are looking at promoting this statewide and it's really pretty cool that Meridian, perhaps inadvertently, showed the leadership to be the first city in Idaho to develop this model. The deal is we never used it -- or at least not much. There was a little thing called the recession intervened and kind of changed our plans a little bit. But there was really nothing to assess at that point -- or very little to assess. But now that we are in the middle of all the minutia of growth I think it's good to maybe step back and see if we can use this model. So, really happy that Scott Oliver with Idaho Smart Growth is with us here today and Anne Westcott, who in her former life also was a consultant -- was on the team that helped create this model for us. Scott's going to talk about talk a very interesting offer of assistance from Idaho Smart Growth as we look to whether or not we want to dust this off and begin to use it. I will let him talk about that, but just got a letter hand delivered by him a couple minutes ago, so I think you may be interested in that. And so Scott's going to talk about Idaho Smart Growth's interest in this model as an approach and perhaps promoting it statewide and Anne's going to talk about the tool and how we might use it. So, let's go ahead and introduce Scott and, then, I think he will cue up Anne. Oliver: Thank you. De Weerd: Welcome. If you will, please, state your name and address for the record. Oliver: Thank you, Madam Mayor and Commissioners. I'm Scott Oliver, Idaho Smart Growth. 910 Main Street in Boise. De Weerd: Thank you. Oliver: Thank you for this opportunity. I really don't have anything else to add. I don't even know what this tool is or does. I'm going to turn that over to the expert here in a minute. But I just want to agree with Bruce, it is -- it's a great opportunity for all of us. Smart Growth -- we recognize that cities of all size have issues with growth and development in Idaho and we are interested in helping cities achieve the kind of growth that is not just, as Bruce said, fiscally beneficial, but also socially and environmentally beneficial. I know we all share that -- that goal. So, we find ourselves in a position of being a caretaker of an economic analysis tool and -- and also with the opportunity to work with the City of Meridian to -- to see that in action and I trust that the results are going to be positive and that we would like to share them with other cities in the state. We have a small grant from a -- from funders network that is also interested in that and so if it will help us take this tool to others cities and -- and with your -- with your support and we would be able to -- to maybe replicate the Meridian success that we suspect that it would bring. So, I'm just going to step aside and turn it over to our consultant expert Anne Westcott, unless you have any other questions. Thank you. Meridian City Council Workshop February 11, 2014 Page 35 of 65 De Weerd: Thank you. Westcott: I am Ann Westcott. 1214 Johnson, Boise. I have seen many of you before, but it's been many -- a number of years that I have been doing this topic. I have worked with cities in the western states for 20 years and the thing that I always have found so interesting is that we make land use and fiscal planning decisions in isolation a lot of the time and about ten years ago my economist partner in Denver, Colorado, and I developed a model to help cities figure out whether or not the decisions that they were making -- land use decisions were going to be a net win or a net loss for the city. But because my background is in public policy and I'm not an economist, I said it needs to be easy for people to understand, because I had worked for a City Council in Salt Lake City for a long time and, I don't know, every time I got something from an economist I never could understand it. So, we set about to develop a model that was going to be useful for any city, for a planner, for a financial analyst, anyone to know how to use. We wanted to make sure that elected officials always had the information they need to make good policy decision whatever they constitute as being good for that community. Fast forward, then, 20 years and I have this model and I have been using this model throughout the western states and the economist retired and I went and got a real job with the city of Boise police and fire department, so I could work with people like Perry and Chief Niemeyer, who has been keeping me very busy lately on your JPA. De Weerd: And thank you for that, by the way. Westcott: Yes. So, I had this model and I have been talking to Smart Growth about how important I thought it was for cities to have a model like this and Tom and I, my ex - partner, decided we would give the model to Idaho Smart Growth. We just wanted communities to be able to have it and we wanted to be able to train people how to use it. Well, Idaho Smart Growth was applying for this grant, I gifted the model and said that I would help train the first two cities to use it and Idaho Smart Growth staff. So, that's what I brought on the table and so, then, yes, Bruce and I were having coffee about a different topic and I was telling him about this and he said, well, didn't you do this project for us eight years ago? I said yeah. It would be great to update it. And, hey, we could do it for free. So, that basically is the offer here is what we can do for free for you and right now I'm going to show you what it actually does. And just interrupt me. Okay. The thing isn't here anymore, Bruce. Can we go back? Chatterton: You can just tell me when you want the slide to advance. Westcott: Okay. Just go back one. Chatterton: Okay. Westcott: All right. So, my first question for Smart Growth was, well, what do you think the benefits of Smart Growth are? And they talked about we have diversity in housing and transportation at six different lifestyles. It's a great place to do business. We have Meridian City Council Workshop February 11, 2014 Page 36 of 65 a healthy environment, we can preserve farmland and ranch land and, then, this one in bold -- efficient use of taxes and a lower cost of service. I said how do you know that. That's not always true. You can't just bandy that about. You have to be able to prove that and so we talked about how one goes about proving that. Questions that I hear from elected officials throughout the west are how much does it cost for our city to serve every new home or every new commercial development? Does growth really pay its own way? Do any development projects warrant some additional incentive on our part to make sure that they come into our community? Are we planning for the right mix between residential and commercial development? And how does the fiscal impact of a densely defined community compare to the fiscal impact of a more sprawlish community? So, here are some myths or realities. I also happen to be the person who did your impact fee analysis for the first time, so I get around, and in impact fee I'm always talking about there is two questions about growth. How do you pay for the capital infrastructure and how do you pay for the operating cost. So, this is the question that most people say, well, impact fees are designed to cover -- to recover the cost of new growth. Impact fees are actually only designed to cover the cost of capital infrastructure. Firefighters. Police officers. Electricity. Things like that to operate the services that you provide, your General Fund budget, impact fees can't pay for that. We have to make sure the taxes and the other revenues that you're getting from this new growth are paying for what it costs you to provide services to that new growth. And the next question is, well, all knew growth brings in new revenue; correct? That is correct. They do bring in new revenue. But what's funny in Idaho about property tax and sales tax revenue? Particularly sales tax. What happens in -- if I go buy something at Walmart where is that money going to go? De Weerd: To the state. Westcott: To Challis in most cases; right? They are not coming back to Meridian. Some of it's coming back to Meridian, but it's not dollar for dollar. So, yes, new growth does create a lot of new revenue and what we want to do, as stewards of a community, is to figure out how much of that is coming back to our community and how much do we have to spend of it to support that growth. So, a fiscal impact analysis is basically asking you whether or not any new development -- it could be your entire city at build out, it would be an urban renewal area, it could be one planned unit development, is it going to generate more revenue than it's going to cost to serve or is it going to put in a deficit situation. Fiscal impact -- go ahead. I just talk about that. So, the report that we did in 2007, back when things were good and money was -- was flowing a little more easily, what we were asked to do was to take the city's comp plan at that time and say let's pretend it builds out exactly the way we have planned, put in all the assumptions about how much all of this development is going to be worth, put in assumptions about how much it cost to serve all of this development, are we going to be making enough money or not. Answer was you are going to be short 50 million dollars over 20 years and that was kind of surprising. I think, Mayor -- believe you were the Mayor at the time, and it was sort of interesting and so the next question the Council asked was, okay, Anna Canning was your planning director at that time and I said, Anna, give them a scenario of a more dense pedestrian oriented or transit oriented comp plan and model Meridian City Council Workshop February 11, 2014 Page 37 of 65 that. And so we modeled those assumptions as well and that model showed that you could have an operating surplus of over 175 million dollars. Now, why is it different? Essentially what's different is that it tripled the number of residential units you would have in the community and residential units are where a community like Meridian makes its money. Costs less to serve than it usually does in terms of revenue if you're looking at a certain price point, because why we stopped using the model in 2007 is that the price points on the development crashed and it really wasn't worth, one, talking about it and, two, we knew we weren't going to be able to get -- I think at that time a house that would be worth 250,000 dollars in Meridian in order to break even in terms of providing services. So, that's just the math part of it. So, I have done a study on a lot of different communities and this is a somewhat hypothetical, but really, it's actually a master plan for the northwest part of Salt Lake City, the area that's close to the airport. The community is master planned in this whole community and he wants it to be transit oriented, so the light rail would come from the airport through this area, there would be a lot of mixed use, dense residential, retail and office and, then, there would also be more traditional residential developments around it. So, in this screen that you probably can't read very well, but maybe you somewhat can in your printed version, what I asked them to do is tell me in their master plan how many units of low density residential, medium density, high density, how many transit oriented apartments right by the track station would they have and how much retail, industrial, and office. So, that was all of the numbers of those units, how fast they would absorb those units into the development and what the assumed market value was of those pieces. So, all I'm doing is simple, noneconomist math, although the economist did approve this -- is you take how much new stuff you're going to build, how much does it cost to serve, how much new revenue you will get and you will either have a negative or a positive number at the end. So, this is what the math looks like in summary. The left-hand column is all of the different kind of land use that I showed you in the model slide before and, then, each of these columns are how much new revenue is going to be generated. There is a lot of mathematical calculation that goes on behind the scenes. Property tax. You can see we identified if the house was worth 250,000 dollars, you would reduce it by the homeowners exemption, you would take that net taxable value, multiply it by your mill levy and that's how much property tax would come in. Sales tax we have to do even more complicated calculations, because as you know sales tax doesn't go right back to the city, so we had to use those calculations and how much sales tax -- in this case a house would produce 75 dollars worth of sales tax back to the city per year. So, total revenue per unit, you can see that your low density house was going to be producing 875 dollars of revenue on average per year. As you go down to the transit oriented development, the town center apartments, they are bringing you less revenue, because they are worth less. Their market value is less. And, then, you can see how much each unit of commercial development would produce in revenue. Then that second to the last column there shows how much we calculated it would cost to serve every new -- new piece of development? And this isn't just doubling the budget that you have, we actually go through and say in the fire department, for example, you're not going to need another chief, but you are going to need a lot more firefighters, so we were able to calculate with marginal differences there. So, in the right column this is the magic of math and it says that your low density, medium density residential units are going to Meridian City Council Workshop February 11, 2014 Page 38 of 65 come out slightly to the positive. Your high density and transit oriented development units were going to create a deficit, but your commercial, mixed use, retail, office and industrial -- not the industrial, actually. Office and retail was going to produce a positive. Now, this is not what Idaho Smart Growth wanted to hear, because what they wanted me to tell them was that transit oriented dense development was going to make a ton of money. Next slide, please, sir. And what I wanted to show you is that this is the importance of a land use mix in making a fiscally positive performance for your city. This is a screen that says if we take all of that revenue from the residential, we would have 204 million dollars worth of revenue and it would cost us 197 million dollars to support it over 20 years. So, all of that residential combined -- some of it that was making money, some of it that wasn't, was still coming out positive. Next, please. On this commercial side we were going to be making a lot more money on the positive side, 54 million dollars. Next one, please. So, because I believe very strongly that every assumption you put into an analytical model can be wrong, it's important for us to do what we call a sensitivity analysis, which is to say if my assumptions are ten percent off, whether the market value of that house is higher or maybe we need to hire more police officers than we thought we did, what's the range of the likely outcome in terms of net fiscal impact and in this case this master plan that we developed -- that center box shows that they could feel generally comfortable that it was going to be a win for the city over 20 years at net present value, 24 million dollars. What we liked about this example is the worst case was still positive. Ten million dollars. The best case was 42 million dollars. That gave the Salt Lake City council some comfort that, okay, this master plan is fiscally sustainable. Just questions about the model before I give some summary comments. Next, sir. I like bossing you around, Bruce, because you used to boss me around all the time. This is kind of fun. All right. So, as supposed, the example that just gave you will pay for itself. It is fiscally sustainable. We could say that it's fiscally smart. What we want to understand is that in order for something to be fiscally smart it probably has to have that balance of residential, nonresidential -- different price in order to subsidize each out. Even if it costs more to serve or values go down -- we did that sensitivity analysis that gives you a range of whether or not something seems like it's a good risk, worth the investment -- for example, an economic development incentive, is this something that's probably going to be a high winner for this city. Next. But it's important for me to stress that just because certain types of development don't pay for themselves does not mean that they are not smart. What it means is you just want to be aware of where you're going to offset. Certainly many communities have a high importance on affordable housing. They also know that density in their community is going to reduce costs elsewhere. One of the things that is easy in Salt Lake City is their roads department is part of the city and as you know our roads come from somewhere else. So, in the model we did for Meridian we actually brought in ACHD and the school district into the model, because we wanted to say in the whole community what does growth look like. Now, what worked well for the city did not necessarily work well for the school district or ACHD and that was an interesting component that we can continue to look at if you're interested in moving ahead with this. You might be able -- density for a city that pays for its roads is a great thing, because we are not building million dollar lane miles of additional mileage, but when you're in a city that only gets -- doesn't get -- doesn't have to be paying for those roadways, you have a whole different model and so Meridian City Council Workshop February 11, 2014 Page 39 of 65 Meridian and other cities in Ada County it's a little bit more difficult to have this conversation. But I just wanted to show that. Density is not always fiscally bad, it can be fiscally smart from a roads perspective. It might produce units that don't bring in more money than it costs to serve, but they will be offset by development that you have, maybe more traditional development elsewhere and, therefore, fiscal impact analysis is really only one component of any policy conversation you have about your land use. De Weerd: Yeah. Because density also brings more kids and -- Westcott: Right. De Weerd: -- necessarily doesn't pay for the schools. Westcott: Right. The school district is a loser when you're a winner, basically. That's -- when you're doing really well and it's not having -- if you're bringing into -- more density and you're tracking maybe smaller homes that don't have as many children in them, those children are not generating the amount of state and federal income to the school district, so a mixture. That's just another underscoring of how important a mixture is in your community of different types of housing, different price points, different types of support for commercial and nonresidential. De Weerd: Council, do you have questions? Bird: I have none. Just a very nice report. De Weerd: I think there was a question in this presentation and that is do we want to participate in kind of going beyond the role that we already had earlier -- what the interest level is from Council. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't have a good sense of what participation means. What would those next steps be? Chatterton: Madam Mayor, Council Member Borton, my understanding is that Idaho Smart Growth with the grant would actually be contributing Anne's time to help us look at the model, perhaps do analysis, make sure it's working for us and that the assumptions are correct. Is that -- Westcott: That's about ten percent. Chatterton: Okay. Meridian City Council Workshop February 11, 2014 Page 40 of 65 Westcott: The other 90 percent would be -- you already own the model, because you bought it from me eight years ago. Yea for you. Yea for me. So, what I will do, because you have new staff, you have a new planning director, you have new Council Members -- and we will start over from the beginning, we will update the entire model, eight years, totally different information, you can choose what we will model. We could model again your comp plan at build out to update it or we have had some great conversations with your economic development director about maybe we want to look at a conceptual economic development project, an urban development -- an urban renewal project. You can do a master plan. It would really be up to the city to decide what is most interesting to them. The take away would be your staff would be trained on how to use this model in any future land use conversation that you might have about a specific product. De Weerd: I guess, Bruce, will you bring back at our -- a later date recommendations of what model you would like this to be created for and maybe if you have a couple of different suggestions that Council can consider those and give you feedback on what would be most valuable from their perspective as well. Chatterton: Madam Mayor, that says it very well. How we are going to use it is open. There a lot of different possible applications. Would we use it, for instance, to say whether or not we want to approve or deny a particular development? Probably not. I think Mr. Nary might be -- there would be some real issues with that. I mean there are reasons -- there are ways in which you can make land use decisions that are valid under the law and are appropriate, but what the model does do is -- or can do is it helps us strategically say what type of city do we want, how do we want to build out in terms of land use? What sort of densities? How is it designed? And is that fiscally sustainable. And that allows us to make, as we go into looking at how we use urban renewal, for instance. If they are going to have more industrial land or going to have industrial land configured a different way. We can use that as an important tool for helping inform us and know where we are headed. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think Bruce probably just summed up what I was thinking. I'm I guess chagrined a little bit that the two things that I have been advocating that we need more industrial space and we need more transit oriented densities turn out to be the ones that are not profitable, although a city isn't supposed to profit, but they are -- Westcott: Not in that case. That was just one example. That's not applicable to all cases. Zaremba: So, I -- Meridian City Council Workshop February 11, 2014 Page 41 of 65 Westcott: Industrial is often the real winner, because you don't usually have to supply as much -- much more first responder services to a Walmart than to an officer park or an industrial area, unless it's hazardous material, so -- Zaremba: Well, I'm very pleased to find out there are advantages as well. So, I guess my question is -- and I think Bruce maybe answered this -- is that could we use this tool to modify our future land use map and, therefore, our comprehensive plan and say, you know, in certain areas we do need more of this or less of this and if that's the objective it sounds great to me. Chatterton: Madam Mayor and Council Member Zaremba, that's exactly the way in which other cities had -- in other parts of the country had used similar models. They said what we are -- the path we are headed -- and perhaps we saw some warning signs back when the model was first used, with that sort of assumptions back in '06, they said, you know, we have seen some warning signs, we need to strategically amend our land use plan over time to help it to create a great yield for our community and to create the quality community that we are looking for. That is -- that's maybe my most -- that's where I would place the greatest emphasis, as opposed to say, you know, do we need to approve more big box retail or not in a tactical way strategically this could be very valuable to us. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And I might state part of that a different way and as we say the city can't actually make a profit, but we certainly could use this as a tool to keep our taxes lower and what might appear to be a profit if we say, okay, we can reduce our taxes by some percentage of a mill, that would make a difference to people. Chatterton: And along with all the other implications of our land use plan for our -- for our community, we perhaps should look at it as it's the community's portfolio and how do those various land uses on the land use plan and the comprehensive plan produce sustained ability in certainly an economic sense for our community into the future. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think this is a very good model, Bruce, but I also think we need to be open minded about what development brings in and as we know -- as we have seen through the last 20 years what we have planned maybe isn't what is going to go, so we have had to change our land use. So, while this is a great model and if we can live by it as much as we can, we still got to be open minded to be able to move it around and I know Meridian City Council Workshop February 11, 2014 Page 42 of 65 Idaho Smart Growth believes in that, too, so -- but I think this is a good model to start with, but I think as the Mayor said, bring us back some options. Chatterton: Madam Mayor, Council Member, absolutely. We will do that. De Weerd: Any other questions? Thank you, Anne. It's always nice seeing you in front of us and we love -- we love what you're offering. Especially the price. I like that. One time only. It's a deal. C. Public Works: FY 2013 Engineering Project Closeout Report De Weerd: Okay. Item 7-C is under our Public Works Department and I will turn this over to Warren. Bird: Don't we get Kyle? Stewart: Madam Mayor, Members of the Council, you're going to get to hear the rest of them. Bird: Uh? Stewart: You're going to get to hear the rest of them. Bird: Oh. Okay. Well, we just wanted to get Kyle. Stewart: Yeah. De Weerd: No. No. No. I think you're much -- I think your brief -- you are a lot briefer than Kyle is. Stewart: I don't know about that. Anyway, Madam Mayor, Members of the Council -- De Weerd: Briefer? Is that a word? More brief. Stewart: We are pleased to have the opportunity to come before you. I think this is the third time we have done this. A few years ago we changed the purchasing policy at the city, which actually requires when you finish projects to come and do a close out report with the City Council. I'm not sure whether other departments are doing that or not, but we have been doing that for three years and we are going to do that again. So, today we are going to, essentially, present those projects which were completely finished in 2013. De Weerd: Is this in Meridian? Stewart: No, I don't think -- this is one of Kyle's photos and I'm not sure where -- Meridian City Council Workshop February 11, 2014 Page 43 of 65 De Weerd: We are getting all starry eyed with -- Stewart: I should have given you some explanation of that. Anyway, we have 13 projects that we want to, essentially -- that we were able to close completely out. Now, this represents a small portion of what the staff is, essentially, involved in. They have, essentially, design projects, as well as other projects that are in various stages of construction. At any given time one project manager is probably managing approximately ten projects in various stages of design and construction. So, this just represents, essentially, what was completed in 2013 and I will take an opportunity maybe to just introduce a few of the staff. I want to just say I'm very proud of these -- my staff for the work that they do. They work hard and they are very dedicated and I think that over the, you know, several -- last several years they have done an excellent job in trying to make the City of Meridian municipal water and sewer systems some of the best in the valley. In fact, we often get requests from other cities asking us how we do things and what we are doing, because I think by and large we have a very reliable and very safe water and sewer system that provides quality sewer services to the citizens here and the staff takes great pride in that and I'm grateful to them. You have had the opportunity to meet most of the staff members. Ashley Newbry was one of our staff members that was with us last year. It just so happens that all the projects that she was working on last year -- she's only been here a short time, so she -- De Weerd: More contentious and busy and -- Stewart: Yes. And this year she -- all the projects that she is working on are continuing into this year, so she gets off two years in a row she doesn't have to do a close out report. But she will be back next year to talk to you about split corridor. So, there will be plenty of things for her to talk about next year. You also -- I was going to introduce for the first time Austin. Austin Petersen was -- is our newest engineer and he beat me to the punch, he came up here to the podium and made comments, so -- De Weerd: But, Warren, we have chewed on him before, so -- Stewart: Okay. So, he's going to get that, too. De Weerd: And it's not you, Austin. Stewart: But I think you can see that he has a great deal of passion and a great deal of interest in the work that he's been assigned and we are grateful to have him and so without any further adieu I'm going to turn the podium over to Kyle who is going to introduce the -- the rest of the agenda. De Weerd: Thank you, Warren. Radek: Madam Mayor, Council Members -- De Weerd: You heard my cue; right? Meridian City Council Workshop February 11, 2014 Page 44 of 65 Radek: The cue or the -- that I need to be brief. De Weerd: Both. Radek: I will -- we will be brief, Madam Mayor. Yeah. We are going to cover four categories of projects, water supply, water -sewer line replacements, water -sewer and recycled water extensions and wastewater treatment plant slash sewer projects. A couple points before we get going. We had some very interesting projects and slides to show you. We understand if you get excited and want to ask questions. We would prefer you hold the questions to the end, so we can give a concise presentation and get you out of here at a decent hour. With some exceptions the project managers will be presenting on the projects that they completed, but in the interest of not having too much travel between the podium and back to their seats, there will be some exceptions to that rule. And although there were some medians constructed in the projects that we had, Public Works funds were not expended on any medians in any of these projects, these were all median neutral projects from a Public Works standpoint. De Weerd: Median neutral. Radek: The first category we want to cover is water supply projects. We completed Well 10-B pumping facilities, Well 17 upgrades, and two well evaluation and reconstruction projects. Well 10-B pumping facilities is one of the projects that takes a lot of other projects to get to the end and so I want to cover what those projects are, so you have more understanding of what we go through when we do one of these well projects. Well 10 was turned off in 2010, because testing showed that the water had uranium concentrations of the regulatory maximum contaminant level. So, the first part of the project was to find out if we could pull out the screens of that existing well and deepen the existing well to get away from that uranium. Incidentally, this -- all these sub projects were managed by myself and David Allison did a significant portion of them and, then, Brent Blake did the pumping facilities construction and he's going to come up and talk about that, so -- and the -- the total cost of all the projects was 811,000 dollars. In that we had 8,000 dollars in change orders that we are going to cover individually in the sub projects, a total of 819,000 dollars when we got all that construction done. So, the first thing we wanted to try to do was reconstruct the existing well and so what you -- when you -- when you go and try to do a project like that the well screens at the bottom of the well, they are about 360 feet down in this particular well -- you use what's called the spear and jar is what that little Acme bomb looking thing there is on the left side and that's how you grab a hold of the screens and, then, you try to pull them out through these hydraulic shacks in the second picture and they put about 70,000 pounds of force up and -- and it's a different spear and jar set up, but you can see that one on the next -- third picture there and the fourth picture says what we did pull up, which is the -- the head pipe out of the well. It separated from the screens and, in fact, our contract was unable to retrieve the well and he actually lost one of his tools down the well, which is still there, so the well actually won that battle and we were not able to reconstruct the well. That cost us 14,000 dollars. There were not any change orders in that project. Meridian City Council Workshop February 11, 2014 Page 45 of 65 So, we moved on to -- we couldn't rebuild the well, we needed to abandon that well properly. So, the main concern when you're abandoning a well is to make sure that you fill up all the empty spaces down there on the ground with grout. So, the way you do that is you use the -- the tool you see on the left is a perforator, you put that down in the whole and you poke holes in the well casing in several different places and, then, you -- then you pump a grout under pressure all the way up and you try to -- you fill the space of the well itself and, then, you see if there is any space outside the well, which is what you're really worried about, because you don't want contaminants traveling up and down through the aquifer and -- and you push that grout out under -- up to 150 pounds per square inch of pressure until you can't pump any grout anymore. Sometimes you have grout coming up out of the ground when you're done. But -- and, then, you have got that well abandoned. So, we did that -- the original contract was 26,000 dollars. We spent 4,000 dollars on extra grout, which indicates exactly what our concern was is that you had places where grout went that -- you know, that were beyond the volume that it should have been. So, it was a good effort to seal up that aquifer and having done that and now we were able to start on the new well. So, when you go to build a new well we, without exception now, make a wise investment in a test well and the test well allows us to not only find out where the most productive zones are in the aquifer, but -- but it lets us isolate the water that we test and look at the chemistry of that water and these pictures show our process. The first -- you can see it on the left you have the -- the well drilling rig drilling a hole. As the hole is drilled samples are collected to show what kind of material we are drilling through and, then, in the middle there we insert a probe into the bore hole that -- and that's redistributive and we also do a gamma -- background gamma radiation, and that tells us where the -- where the clay layers and where the sand and gravel layers are and ties that down and gives us exact -- exact locations of those layers that we are going to target for putting test wells in. Then we construct our test wells and you can see that on the -- all those pieces of two inch PVC tubing on the right there and, then, on the bottom right is the finished product where you have got in this case I believe we had six -- six test wells. They are all individual wells completed into different zones in the aquifer and so we can individually test those for chemistry and when we did this project we felt like this was an important thing that we needed to out reach to people and that was a couple years ago we had our consultant, SPF takes the drill cuttings that came out of the hole and built us a little model and you can see it back there and that explains what the aquifer layers are like and it tells you what the test well was like, what the different layers of chemistry is like and it's very enlightening to find out there is a lot of water down there, but there is a lot of water that you don't want to be pumping and serving to people and I would like any of you that haven't taken a look at that -- anybody in the audience that hasn't looked at that to -- after the meeting take a look at that with me and I will let you see it. It's a pretty impressive little model. So, that project cost 127,000 dollars. There were no change orders in it and with the completion of the test well project we were able to design and, then, build our production well. A production well is drilled by boring to the depth just above the target aquifer unit and, then, installing and sealing a casing and the City of Meridian was the first municipal water supplier in Idaho to use PVC for well casing in 2002 and over -- over the course of now 12 years in our well assessments are showing that using PVC provides us a much longer lasting material than a steel casing would Meridian City Council Workshop February 11, 2014 Page 46 of 65 last and after the casing is installed and sealed the large bore hole is advanced to the target aquifer and, then, we put in a well screen and, then, we put sand fields back around that well screen and you see the well screen in there and, then, this last picture shows the pump testing of that well just before you -- you're able to design your production facility -- your pumping facilities you pump test that well and that well pump tested at over 3,000 gallons a minute, so we were ready to move onto our pumping facilities project, which Brent Blake managed and he's going to present. Blake: Madam Mayor, Members of Council, I'm Brent Blake, I was project manager for the well pumping facilities. This project entails construction of a brand new masonry building, associated pump and motor and discharge piping. Overall site improvements that was compliant with all planning -- new planning and zoning requirements for the City of Meridian. The original contract price was 438,000 dollars. We did have one small change order in there. We added an antenna to the project for 4,000 dollars and that brought the total project price of 442,000. Radek: Thanks, Brent. Next project we want to cover in water supply is the Well 17 pumping facilities. This project was managed by David Allison and involved installing of a variable frequency drive, new centrifugal motor and HVAC upgrades and the purpose of this project was to let the water operations staff be able to control this well a little better. Previously it didn't have a VFD -- a variable frequency drive, it had a -- what's called cycle stop valve and it didn't give them the flexibility in their operations. We also upgraded the motor and we upgraded the pump column and -- and, then, provided some air conditioning for it to be able to keep that expensive equipment cool. That project cost 80,000 dollars -- or 81,000 dollars. Of that 1,000 dollars was change ordered and that was due to some changes that needed to be done in the controls of the HVAC. We did two well evaluation and reconstruction projects in FY -13. Well 11 was done by Brent Blake and I did Well 15. Well 11 is our oldest functioning well. It was built in 1979 and the pump for that was rebuilt. A new pump column installed and it's got a fairly clean bill of health to work for another ten years before we check it out again. Well 15 water quality has been a concern at the water division for some time. Therefore -- and you can see in the -- the little spread sheet there there was more effort was expended assessing the water chemistry of that well and also more effort in -- in reconstruction. The steel casing -- or a -- I'm sorry -- a screen liner was installed within the -- the well to try to improve the water chemistry and we found that Well 15 is -- it was constructed, I believe, in 1996 and it has a steel casing, as opposed to PVC. That steel casing is nearing the end of its service life now and so we will be considering moving forward, whether we can reconstruct or whether we have to put a new production well in its place. And now Clint Worthington is going to go over water and sewer line replacements program. Worthington: Madam Mayor and Members of the Council, Clint Worthington, project manager for the Public Works Department. This slide is -- to give you a brief summary of the water and sewer line replacement programs that we do. This is our fourth year implementing the programs with both the water and sewer replacements. The programs have increased our efforts to stay on top of the aging, undersized Meridian City Council Workshop February 11, 2014 Page 47 of 65 infrastructure and has been mainly focused in the downtown area. However, we have some exceptions where fire flow supplies are low. The reasons for these water and sewer line replacements, obviously, aging, deteriorated infrastructure, low water pressure, fire flow, and insufficient sewer capacities and infiltration. Benefits of the replacements are increased water pressure, flow, and sewer capacity. Reduced groundwater infiltration into the sewer lines and reduced risk of water line failure and leaks. And they also provide for a more reliable service. The coordination of those programs we try to combine sewer and water replacement projects when possible just to reduce cost and customer impacts. Overall cost for our completed projects in 2013 was 854,000 dollars, which includes four construction projects. Projects completed this year for 2013 are the Northwest 1st water line replacement. King and Williams water line replacement. And Northwest 8th sewer line replacement and Site 13 sewer line replacement. And each of the project managers are going to come up and talk about their individual project. Thank you. De Weerd: Thank you, Clint. Blake: I was project manager for the Northwest 1st Street project during this project we replaced approximately 650 feet of aged and undersized cast iron water main. Along with that we did fire hydrants and 18 water services, utilizing the open trench method. One of the biggest challenges with the project was actually in the irrigation crossing, so that kind of put a delay in the project. We had to actually spend a little bit more money on that to pay for the contractor to mold and de -mold a couple times in order to get that irrigation crossing done during the -- out of irrigation season, which is, coincidentally, during our big construction season, so it cost us a little bit more money, contract price was 98,000 and a total was 101,000 with the change order. Petersen: My predecessor Tim Cerns was manager of the King, Meridian Road to Main Street, water line and water and sewer replacement project. Thirteen hundred feet of water main and 1,100 feet of sewer main were replaced in this project for a total price of 405,000. The original contract was 402,000 dollars. The original contract included boring under Main Street due to a conflict with Meridian Irrigation District this portion of the project was postponed until the end of the irrigation season when an open trench was dug. This change in the project, along with some material quantity changes, resulted in 3,000 dollars net change orders. De Weerd: And probably could have been even worse if -- yeah. Austin: Yeah. Bird: That's a very low percent of change -- net change orders compared to some of the other jobs. That's very good. Boyd: You will like this one, then. I love that one. De Weerd: Yeah. I think this one has trumped all others so far. Meridian City Council Workshop February 11, 2014 Page 48 of 65 Boyd: In early 2011 -- by the way, Madam Mayor, Members of the Council, my name is John Boyd. This is for the 8th Street project. Phase one of three. In early 2011 we undertook a design project to rehabilitate an existing eight inch sewer trunk line located between West 7th Street and West 8th Street from West Broadway Avenue to West Cherry Lane. Preliminary engineering revealed that the trunk line was located in back yards and in an alley, which provided limited access for cleaning and maintenance. Additionally, a portion of the existing trunk line had no easement to protect it or allow operations for maintenance. Due to these factors Murray Smith & Associates were the contractors, they completed the design to relocate the line within the West 8th Street and West 7th Street rights of way. This project was phase one of three and consisted of constructing approximately 2,00 linear foot of 18 inch trunk line from West Cherry Lane to Carlton Avenue and rerouting and reconnecting 16 individual services from the existing trunk line in the back yards of these properties to the new trunk line we installed in the street in front of the properties. The original project cost was 364,000 dollars. The native trench material was reused and a reduction in the contract price was 62,000 dollars for unused trench backfill, also known as pit run material, resulted in a final contract price of 302,000 dollars. Schmidt Construction was the general contractor for this project. I'd like to add that we had an unfortunate incident where one of Schmidt's contractors -- subcontractors, Mike Rice, as well as others, were injured during a crime spree by a young man during this project. Mike is doing well now and he will be working on phase two of this project with McMasters Construction and that will be starting very soon. Phase three is under design and will be accomplished during 2015. So, we will be finishing up the next phase right in front of your house this year. Bird: Madam Mayor? De Weerd: Yes. Bird: John, I just seen the phrase two. We did for 202,000. Did I read it right, was it 800 and some thousand for the phase two? Boyd: Yeah. It's a lot bigger. Bird: How come? Boyd: It's a lot bigger. Bird: Where are we going to? We are going just to Pine, aren't we, or are we going to Broadway? Boyd: Going to Broadway this time. Bird: Okay. So, we are going to Broadway, so we are going actually right though the -- are we going over the 7th and down? Meridian City Council Workshop February 11, 2014 Page 49 of 65 Boyd: Yeah. Going over to 7th, down to Broadway, plus some other side tours on top of that. Bird: I didn't know where we was stopping. That's -- but I -- when you showed me this I'm going -- Boyd: Yeah. Like -- and this had 16 services in phase one. Phase two had 54 services. Bird: I was going to say, you got a bunch of apartments and stuff down in there. Boyd: Yeah. Yeah. Whole bunch more. De Weerd: So, John, thank you for updating us on Mike. It would have been one of my questions. It was unfortunate, but I'm glad to hear he's doing better. Boyd: Yeah, he is. He is doing better. I'm glad McMasters hired him, as a matter of fact. That made me feel pretty good. I kind of talked him into it and it was like you guys really want to do that. De Weerd: Thank you. Boyd: Sure. You're welcome. Site 13 was also my project. That was a small project. We installed 462 foot of eight inch sewer main within the alley from Main Street to Meridian Road, between Kings Street and Ada Street. The project was completed using pipe bursting technology to save the city approximately 35 percent over traditional open replacement methods. It also consisted of the reconnection of 13 residential sewer services. The contractor agreed to honor the bid prices and we moved them to a location on 7th street to replace another badly deteriorated section of sewer line. This was change order one to the contact. The original project cost was 39,000 dollars. Change order one resulted in an increase to the contract price of 7,000 dollars. That resulted in a final contract price of 46,000 dollars. Titan Technology was the general contractor on this job. Worthington: Next is our sewer line -- or water, sewer, and recycled water extension projects. The reason for these projects is to build new distribution and collection systems to work in conjunction with ACHD road projects to save money on limiting inconvenience to the traveling public. The benefits of the extensions are to improve water pressure and flow, consistent robustness, provide water and sewer service to developing areas. As with the water line replacements we tried to coordinate the water and sewer projects together when we can to reduce cost and customer impacts. The overall cost for completed projects in 2013 was 409,000 dollars, which includes the construction of three different projects. The projects completed this year are pressure zone one, Black Cat Road flush line and Five Mile diversion, 8th Street park dry line. The first extension project was a project of mine. This is pressure zone one. We installed three pressure reducing vaults, each equipped with two pressure reducing Meridian City Council Workshop February 11, 2014 Page 50 of 65 valves and a SCADA system. The installation of these pressure reducing vaults creates a new pressure zone one, which is the lowest pressure zone in our water system. The creation of the zone will keep pressures at acceptable levels and enable development in the northwest area of Meridian. Cascade Pipeline was the contractor on the project with an original contract price of 234,000 dollars, net changes of 35,000 dollars, for a total of 269,000 dollars. The changes were due to the need to change the vault's planned location. Where we originally had them they needed to be changed, because of utility conflicts that we didn't know about at the time and ACHD required us to repave the whole road section. That was an after -the -fact thing that they told us they wanted us to do. And, then, there was also a pressure irrigation relocation as well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Clint? Worthington: Yeah. Bird: Why did we have to relocate it because of other utilities in the way when surely we had an idea where all the -- the utilities were before we started the project, didn't we? Worthington: Well, we had easement that we acquired a couple years -- Bird: Oh. Okay. Worthington: -- before we started where that vault was going to go and, then, we found out there was sewer services underneath there, there were gas lines, so I had to move the easement to get out of all that -- Bird: Okay. Worthington: -- and that caused problems with ACHD and repaving the road and it was kind of a -- it compounded, so -- Bird: Thank you. Worthington: The next project is the Black Cat Road flush line and this was in conjunction with pressure zone one, but this was a project that installed a flush line and a pressure relief valve at the low end of the pressure zone -- the new pressure zone one that we created. This project came from the need to be able to relieve the pressures in the lowest part of the water system, as well as a place for flushing water. Anderson Wood was the contractor on the project, with an original contract price of 96,000 dollars. We had net changes of 5,000 dollars for a total of 101,000 dollars. And these changes were due to the need to apply a seal coating for the vault so that if we had high ground water we wanted to seal it and keep the water from going inside the vault. And there Meridian City Council Workshop February 11, 2014 Page 51 of 65 was also increased quantities of rock at the outlet where the pipe comes into the creek, so -- Boyd: Thank you. Madam Mayor, Members of the Council, once again, I will close out the extension projects for 2013 with the Five Mile diversion. 8th Street park, which is a dry line that we installed, we did this because we found out the Parks Department was putting a restroom in there and we didn't want to tear up their stuff after they got it all fixed up, so we, essentially -- we put a hundred lineal foot of 30 inch sewer line right out in front of their new restroom and the sewer service for that restroom in -- let's see -- to accommodate that restroom project that was built over the summer. This installation is part of a larger project that we are replacing existing 24 inch trunk line that is in need of rehabilitation. That whole replacement project timeline has not been yet determined. The original project -- the original cost of this project was 40,000 dollars and, once again, pit run was not needed, as the native trench material was adequate for back fill. This resulted in a decrease to the contract price of 1,000 dollars. So, the final contract was 39,000 dollars. American General Contractors was the general contract on this job. Dolsby: Madam Mayor, Members of the Council, I'm Clint Dolsby, assistant city engineer, here to represent the last, but not least projects, the wastewater treatment plant projects. De Weerd: Well, we are glad to see that you do do something. Dolsby: Thank you. We completed three projects in fiscal year 2013 in the chemical feed building. Sludge handling beds in the wastewater treatment return activated sludge, that's for a conveyance reconfiguration project. And the overall cost of these three projects is 2.6 million dollars. Allison: Madam Mayor, Members of the Council, David Allison, the project manager for the chemical feed building. During the development of our master plan for the wastewater plant we determined there was a need for bulk chemical storage at the plant. Previously the containers for our chemicals were stored in multiple locations through. With the addition of the chemical feed building we were able to store bulk chemicals in one location and distribute them to various locations throughout the plant. SPS Engineering was the design engineer. Irminger Construction was the contractor for building project. The original contract was for 569,000 dollars. Net changes were 39,000 dollars. They were attributed to the addition of a domestic water line, as well as relocation of a fire hydrant that were requested by the building department after the project had been bid out. Total project cost was 608,000 dollars. The second project we had here completed was the sludge handling bed improvements. After many years of use the sludge handling beds were in need of repair. In addition to the placing -- removing and replacing the concrete, we also added a new conveyor to the project. Not a new one, but replacing the existing one. The total contract price for this project was 233,000 dollars, 21,000 dollars in change orders came from removing additional asphalt between the sludge handling beds, as well as adding steel facing to the -- to the wall of the concrete beds. Total project cost was 254,000 dollars. Meridian City Council Workshop February 11, 2014 Page 52 of 65 Dolsby: The third project we completed in fiscal year 2013 was the wastewater treatment plant RAS conveyance reconfiguration project. Now, I know some of you have heard this before, but we have been contending with Microthrix, which is this little bug that grows in the aeration basins at the wastewater treatment plant over the last several years. It reeks havoc with the secondary treatment system and has reduced the capacity of the wastewater treatment plant and makes it more difficult to do nutrient removal at the plant. So, the main goal of this project was to address the growth of Microthrix at the wastewater treatment plant, so we pulled the -- there is two different streams that go into the aeration basin. Ones the primary affluent and the other one is the return sludge, which after the primary affluent runs through the aeration basin it's pumped back around as return activated sludge is what it's called. So, what we did -- what was happening previously that both these streams were being combined and, then, pumped into the aeration basin -- kind of lifted in, which allowed oxygen to be introduced into that environment, which kind of promoted the growth of Microthrix. So, what we did with this project is we constructed a brand new basin in order to pull the return activated sludge out of that flow stream, so that it flows -- so that it would not decrease the potential for the growth of Microthrix in the aeration basin. It's been working pretty well so far, too. We have had this online for, oh, since about the end of the summer and we have had some good reports to date. The original contract for this project was 1.583 million dollars. Net changes of 161,000 dollars. It's key to note that 142,000 of that 161 was additional work that we added to the project shortly after bid time. We saw an opportunity to add some of the work that was going to be completed with the fermentation project that's now ongoing at the wastewater plant, because this project was working in the same area as that project, so we added some additional piping work into this project that would have been in the fermentation project, which is what accounted for the large changes on this project so -- total project cost of 1.74 million dollars. De Weerd: And so that project will be reduced by that amount? Dolsby: It was reduced by approximately that amount. It's currently under construction. Bird: Probably a little more, because they are already on the job. De Weerd: Thank you, Clint. Stewart: So, I will come up and just summarize real quickly here. So, that was the 13 projects that were completed in 2013. The overall -- now, these were construction projects. Again, I would remind you that there is a wide number of other types of projects that are ongoing all the time, but our contract amount total for those 13 projects was 4.62 million dollars. The actual cost was 4.85 million. Total difference was 230,000. Changes due to additional work or work that was added to the project is, essentially, three percent and changes that are due to unanticipated conditions or unforeseen conditions was, essentially, two percent. In the, you know, world of building construction projects anything under ten percent total change orders is considered Meridian City Council Workshop February 11, 2014 Page 53 of 65 acceptable. Certainly under five percent is considered to be very good when you look at an aggregate basis like this and I would also say I think -- I'm proud of these guys, I'm proud of the work that they do and how they, essentially, watch out for the dollars that they are entrusted with. I was looking at some information from a 2007 AASHTO report that, basically, covers public works projects across the country and they indicated that the average -- or 54 percent of public works contracts exceed the original budget amount and 19 percent of public works projects exceed that budget amount by more than ten percent. So, I think the percentages that we have here at the City of Meridian when compared to the industry is pretty good. But there is always room for improvement and we are constantly striving to achieve that. But I think the project managers this year have done a good job of getting those projects built and trying to do that in a fiscally responsible manner and I will stand for any questions. Bird: Madam Mayor? De Weerd: Thank you, Warren. Yes, Mr. Bird. Bird: Warren, I -- I do agree and I appreciate all your project managers. This is a good deal. The unanticipated conditions is -- under the ground sometimes you can't see what you're working at. It's not like looking at a building. But, anyway, I think you have done a very good job this year. Our change orders are definitely down. There was some that was 14, 15 percent, but we had a lot of them that didn't have any. So, I'm very -- but got -- on Well 10 1 got a couple -- I think some questions for Kyle, I think. You can do it right there, Kyle. You don't have to get up. You got a mike. How thick are the screen walls that we had down there? What kind of gauge metal is -- are those? Radek: Madam Mayor, Council Member Bird, I don't know what the gauge is there. They are probably -- they are stainless steel wire wrap screens. Bird: Okay. Radek: .053 inch gap in them usually and I guess they are probably about a 16th of an inch thick. But the stainless steel screen we use now are going to last for a long long time. Bird: Yeah. I can understand that retriever is a neat deal, but if those are such -- if those old ones are light gauged I can see why it can't pick it up and bring it back up. Radek: Yeah. The problem we have really had with that one is -- we had two problems. One was that the -- the chemistry of the water over time -- over 35 years made a kind of cement out of the sand filter pack and so it was really difficult, first of all, to remove the sand and, then, it kind of cemented the screen in and the second thing is the way the screen used to be built you would have a screened interval and, then, you would have a blank and another screen internal and that blank was usually made out of mild steel and that's what you saw get pulled out was that mild steel and -- and the Meridian City Council Workshop February 11, 2014 Page 54 of 65 junction of the mild steel and the stainless steel is really prone to rusting, so we don't do that anymore. The entire screen assembly is all stainless steel now. Bird: Okay. Another question. On your test wells out -- what -- what do you start at depths or do you just go by when you start getting good water or something and how -- do you go like ten foot, 20 foot, or how do you -- or is it determined at each well site? Radek: Councilman Bird, it's -- it is determined by well. We have -- we have been doing it for a while. We have a pretty good idea of where we are going to hit different levels of the aquifer, where we are going to change from the oxidized to the reduced aquifer. But we let the -- the geophysics -- the study of what rocks are in there and, then, what the -- the test, we let that determine where our targets are. Those are the -- and I will show you those over there if you want. Bird: Yeah, I -- Radek: Have you seen those? Bird: Yeah. I have seen that. Radek: Now, you see those sand humps and that says, hey, you got sand or gravel right here and you have a potentially productive aquifer right there, so you're going to want to put that flow there. And everything is -- everything is a judgment call on what you -- what you know about the area, what your well was like before, what test wells you have done in the area before. We are still working on mapping out our aquifer, but we do have -- because we have been doing test wells for a little while now we have an idea of what we are going to hit when and I tell you those test wells are definitely paying dividends for us. Bird: And one last question. Kyle, on our new wells the last five years, what kind of depth are we going to for, from minimum to maximum in this -- in our water aquifer? Radek: The very newest wells that we just drilled are fairly shallow, 195 feet, 250 feet. Unusual for us, because we are afraid of the shallow water contaminants, but we also don't like the iron and manganese as you know. Most of our recent wells have been into the deeper aquifer that accesses the reduced water that has the iron and manganese, the sulfur smell. It's a safer bet and we -- as you know, we are moving forward with treatment projects to deal with that. But I -- in general we probably go from 195 feet all the way down to -- I mean Well 28 was 700 and -- 750 maybe. Bird: So, we have went down past 700 feet in some of our wells. Radek: Correct. And our test wells have gone down past a thousand feet. Bird: No kidding. Meridian City Council Workshop February 11, 2014 Page 55 of 65 Radek: Just to see what -- what's down there. Bird: Thank you. Very good report, by the way, Warren. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you. I had three things come to mind. One is I very much appreciate this report and whether or not other departments do it, I'm glad that you do it, because much of your work is either underground or out of site somehow and this really does help us get a handle on -- on what you have been doing and what the progress is, so I appreciate. Second is similar to something Councilman Bird said and that is because these projects are often underground you don't know ahead of time if you're going to run into some surprises and I would comment to the audience and some of the new Council persons that -- as I recall we automatically build into the budget a ten percent cushion should something be discovered, so even though there were change orders on this one, I believe you're saying that overall we didn't go over the budget and I appreciate that as well. Before I go onto the third one I will let you correct me or comment on that. Stewart: Madam Mayor, Members of the Council, Councilman Zaremba, you are correct. I mean we budget based on estimates and, then, we, you know, bid these projects out and get an actual bid amount. The information that we presented you today was a comparison of what the projects actually bid for versus what they came in at. Oftentimes you are correct, we try and add some contingency estimates. So, the vast majority of the time, even though there may have been some change orders to the actual construction cost, they are still well within, essentially, the budgeted amount that we requested in an enhancement from the year before. De Weerd: And did you hear -- contingency, not cushion. Bird: Yes. Contingency. Zaremba: I used the wrong word. Sorry. De Weerd: Oh, my gosh. Zaremba: Yes. I used the wrong word. The third point is a typical Zaremba sideways questions, I guess. When I'm in town I'm very proud and happy to drink Meridian tap water and I think it's excellent and I'm proud of what our water is. I was just out of town for some reason -- for business reasons and for convenience I bought some bottled water, which I don't normally do when I'm at home and I happened to read the label on it that said that the source was municipal water supply, which immediately got me thinking, oh, what if somebody came here and started using our water and reselling it at a great profit, maybe using millions of gallons of water a year and -- do we have any protection against that or way to stop it or way to take a profit out of it? What would Meridian City Council Workshop February 11, 2014 Page 56 of 65 happen if some big water bottling plant came here and said, oh, Meridian is good, let's bottle it and sell it. De Weerd: We would just need a royalty; right? Mr. Nary? Zaremba: And what happens to our water rights? Nary: Madam Mayor, Members of the Council, I mean certainly right now we don't have any prohibition to that. In fact, I think that's a fairly common practice in a lot of cities that they -- they might even call it municipal water on the label, but I do see that in other cities as well and right now we don't have anything -- obviously, they would be paying for the water, because they would be paying for it just like any other user, but we have nothing else prohibiting that. They couldn't -- they couldn't necessarily use the city's name as a trademark or as a selling point, we would have a prohibition about that, but, otherwise, we don't have any other -- other issue with how people reuse the water that they purchase from us. Zaremba: Could they overburden our water rights I guess is one of my questions. Stewart: Madam Mayor, Members of the Council, Council Member Zaremba, if anybody were to come in -- one of the things that we would typically require anytime a new application comes into the city, is it comes to the water department -- or it comes up to the engineering department and we model whether -- what their anticipated demand is. So, if there was a business -- a bottling business that came into the city, when they went through development services they would be required to, essentially, let us know what they felt like their anticipated demand for sewer and water services were and we would model that against what we were able to provide. So, there -- there is some means where we would be able to say where we either can or we cannot provide that or maybe -- I don't know. We could say we don't choose to provide that. I'm not sure. I don't think it would necessarily our water rights, it's still being utilized. I think it's also in -- it's interesting to note that a lot of the bottled water that you go get in stores is municipal water, but they do go through additional processing. Most of those bottling plants actually take that water and they add minerals and other things to it that make it more -- have more flavor, taste, or whatever the case may be. It's also interesting to note that there are several municipalities who actually have a subsidiary business where they bottle the water and they market their own water. I mean it's bottled under a different name, but I know that there is a few in Texas that actually -- the municipalities actually produce the water and bottle it up and sell it under a different name, so -- De Weerd: Any other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Workshop February 11, 2014 Page 57 of 65 Cavener: Not so much a question, but just more a comment or suggestion. First off, the report was great. I really enjoyed hearing from each of the project managers, specifically related to the projects they worked on. The model that you have here in our lobby I found very very informative and I would just encourage you to work with the Mayor and see if maybe that could be displayed for a certain amount of time in the City Hall lobby so the public can see that. I think that there would be a lot of value with that as well. Stewart: Thank you very much. I appreciate that. De Weerd: Thank you, Warren. Where did you want to us to turn in these employee presentation evaluations? Stewart: You can bring them back to my office. Bird: Kyle's idea. Stewart: Thank you. D. Fire Department Report: Compliance Engine Inspection Reporting and Notification System De Weerd: Thank you. And thank you all. Okay. Item 7-E was -- oh, we have already done. We moved that -- actually 7-D was requested to be vacated and so we don't need a motion. F0.011111111 ►6 F. Community Development: Discuss Protocol for Requests to Continue Public Hearing Items De Weerd: So, we will move to Item 7-F. Hi, Justin. Lucas: Hi. Madam Mayor, Members of the Council, Justin Lucas with the Community Development Department. It's been a long meeting. Hopefully this will be a short topic, but something that we want to bring before you related to how projects are continued through the development process. This is something that's come -- it comes up periodically and something that's come up recently on -- with the developers that request a continuance of a project. The applicant. Sometimes we get requests for other agencies, we could even get a request from the public to continue an item and staff as we have looked at this and as we have looked at the different kind of feedback we have gotten from the public -- some of the things we have heard from the public -- and this what kind of brought us to you -- is that, you know, they -- the public when they -- when an item is requested to be continued is that a request is made to the City Council. Staff may say, okay, we got the request, but we can't take any action on it, we have to bring it before you, which means that there is no change in the noticing, all the Meridian City Council Workshop February 11, 2014 Page 58 of 65 noticing is going to be the same, the sign is going to be the same, none of those things can be changed until you say you're okay with the request to continue the item and so we might get a request two weeks before the item is scheduled to be heard, but staff can just forward it onto the clerk, who forwards it on to you, and the decision to whether to continue isn't actually made until that night. So, because of that sometimes we will have public that comes to the meeting expecting the item to be discussed and it's not, because the applicant's requesting continuance and more often than not the Council chooses to grant that request. So, because of that, the time and effort the public takes to attend the meeting -- I don't know if we can ever fix that, that's the process that we kind of have to go through, but sometimes there may be a member of the public who comes and they are unable to attend the meeting that it's going to be continued to or maybe the -- there might be a perception that the applicant is using a continuance as a way to kind of weed out the crowd or try to reduce the amount of people that will come, because there is -- we have heard the public -- some of the members of the public -- whether it's true or not, I think it's a perception that if an item is continued multiple times the odds of the public coming every single time and just coming back and waiting to hear their piece might be lessened. So, because of that staff wanted to today briefly maybe discuss some revisions to the protocol that we have as a city, ultimately you as the Council and the Mayor who runs the meetings, on how we deal with these requests to continue. I think over the last period of time -- as I say, we get these a lot, but for a lot of many years now we haven't had as many development applications and recently -- probably about the last, you know, year we have seen more -- more development applications, more controversial development applications, which kind of brought this back to the -- to the forefront. So, I will pause there and I will briefly ask if you have any questions about continuance or why we do it or how it happens. I think you see these a lot and know all about it, so I don't want to belabor that point. So, that being said, staff is going to kind of recommend a revision to your protocol. This is a staff recommendation. You certainly as the Mayor and Council have the power to do whatever you want and so staff just said at least we propose at least a starting point for you to begin your discussions of how you want to move forward. One thing staff is going to do is we are going to make sure that when a request for continuance is received that there is a clear reason from the applicant or the agency or the member of the public on why they think they need to be continued. A lot of work goes into setting up a public hearing. Usually we know four to six weeks in advance, so we'd like to know why you can't meet your hearing date and that's one thing that staff will do. Secondly, during the discussion of the agenda, which happens at the beginning of every meeting I think staff's idea -- and this is something that we are throwing out there for your consideration, is that if there have been requests to continue an item, we think it would be appropriate for -- during the discussion of the agenda to clearly state we have received some requests to continue these items and this is something we typically have done, but we think it also might be appropriate to move -- say we'd like to move those items to the front of the agenda, because you do have to open them, you can't continue them when you're just talking about the agenda, you actually have to address the item, but sometimes what we have noticed is during the discussion of the agenda that is kind of a consensus, okay, it's going to be continued, but that item might be the last item on f the agenda and the member of the public, if they didn't understand the protocol at the Meridian City Council Workshop February 11, 2014 Page 59 of 65 beginning they might sit there the whole meeting, it gets to the item and they said, oh, continue it, I didn't even know what that meant and so they are sitting out there where if you move it to the front and open them up immediately above -- in front of all the other agenda items, it gives you the opportunity to confer about whether you think it should be continued or not. It gives you the opportunity to ask staff is there any -- you know, what was the applicant's reason, why is -- do we think it's a good reason. Just to have some of those conversations about, you know, at least acknowledging what the issue is and why we are continuing the item. I think it also gives you the opportunity to recognize the effort that people have taken from the public to come to the meeting and to say that -- why not -- why not say we recognize that you might be here to speak to this item, you know, it looks we are going to continue it, we hope you can come back. If you can't, please, submit your comments in writing. They carry the same weight. And I think that's just kind of acknowledging to the members of the public that we are not just continuing this on a whim -- you know, there is a reason why, we thank you for coming, please come back, we want you to be part of this process, but if you can't, please, submit your comments in writing. And maybe on a rare occasion -- and I say rare, because there is probably some reasons -- there is a lot of reasons why we wouldn't want to do this, but at least it does give you the opportunity, if you so choose, to take public testimony. You certainly can open up a public -- a public hearing item, take public testimony with the applicant not present. Why you would want to do that I -- there might be some reasons. I don't know why and I think from staff's perspective we want to be careful doing that, because the applicant isn't here to rebut the several issues that when they come they may speak of -- they may say something, the applicant is not here to hear it, they have to, then, go to the record, but you certainly have that option, so you can do that and I want to make that clear, that you can do that. Should you do that? Ultimately it's up to you to decide how you want to deal with members of the public who come and who may not be able to return. Just want to make sure I didn't miss anything here. Now, some other scenarios that -- that happen -- most of the requests come from applicants and there are time when we get requests from let's say ACHD -- this happened just recently where ACHD requested that we wait on an item, because they hadn't had a chance to act. Now, typically in those situations staff, when we receive that communication, we want you to have all the information in front of you before you make a decision and staff will likely side with you and say they are requesting this, we think it's appropriate and we think you should continue it. But you don't have to do that. You certainly can act on an item if you think it's appropriate to act, even if there is a member of the public or another agency requesting continuance. And so I just want to make those -- those things pretty clear. I probably kind of gave you a scatter shot of how you want to handle it. I think in its simplest form the change in protocol is really just to try to acknowledge that people are here, recognize them, say, hey, thanks for being here and, then, when we discuss those continuing items make sure that we say why they are being continued and invite the public to come back or submit comments in writing. I think that's probably going to be 99 percent of what the change might be, but this is all just a reminder that there are other avenues that you might want to take. One of which is if it's continued several times you might say, hey, we think this whole project should be renoticed, you know, and that's something you -- at your discretion you can certainly do. That's within your authority. So, let's say a project is continued, they have Meridian City Council Workshop February 11, 2014 Page 60 of 65 requested to continue a couple times, you could say, well, let's hold off. You know what, you asked for next week, we are going to give you next month and we think this whole thing should be renoticed, because, you know, this has happened so many times. Certainly you can do that. Staff will try to keep an eye on that and we will raise that for you to say, hey, this is the third time, Council, based on your discretion you may want to have this project renoticed. So, we will try to get involved a little bit better there and provide those -- those options for you. So, that's what I had. I tried to be as brief as I could, but I will certainly stand for any questions and if you have -- and that's just a recommendation. You -- at the end you decide how you get to run your meetings and we want to just provide some of those ideas for you to think about. De Weerd: You know, Justin, as far as I'm concerned when someone asks to continue, they should get up in front of Council and ask to continue and explain why they want the continuance, then, it doesn't look like something that is a done deal and already posted and all of that. So, you know, that's -- that's my personal opinion. Now, we have had a couple of very rarely incidents that had prohibited the -- the applicant to be here, because of travel plans and that's understandable, but I guess that's just my feeling. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think that's an excellent summary of the public feeling of why we have public hearings is to get the public to come and it's an excellent sensitivity to what they run into if we do continue something and I appreciate all of those suggestions. I might even add one more. I agree with the Mayor, it would be good if -- if -- even if it's not the principal of the applicant, somebody from the applicant be here to ask the continuance. But the other thing I might suggest is maybe the second time that they ask for a continuance or after that I -- the fees that we charge on applications are based on the amount of work that we expect the staff to put into it and all the preparation that goes into the meeting and I might suggest that we think of -- maybe there is a pass on the first request for continuance, but there is an additional fee for any continuances after that. That might help cut them down as well. I don't know if we can do that. Mr. Nary is looking at me. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, you can only charge an additional fee if there is an additional service the city is performing. Zaremba: Well, prepare for continuances would be an additional service to me. Nary: If you have -- as Justin stated, you know, there is a circumstance and exercised it a few times of saying you want this renoticed and clearly, then, the fee is appropriate. But just the mere act of continuance I'd have a hard time quantifying how we would establish a fee for that, because there really isn't a tremendous amount of work, but we could certainly discuss that and see whether there is some appropriate fee that could be E ' charged for that. But definitely on the noticing -- and, like I said, we have done that a ,Meridian City Council Workshop February 11, 2014 Page 61 of 65 few times where we felt it had been continued so often or it was such a significant project that we didn't want the public to lose track of it and that certainly is something that we have directed they have to pay for. De Weerd: I don't know, Justin, I think with the addition of asking them to come and request in person and that there is no guarantee, but -- and, then, suggesting to the public if they can't come back to submit their comments in writing. It is -- it's -- when a development application can change during that time for whatever reason, I think the public record gets a little muddied if you have testimony prior to even knowing what the project is and so I'd prefer not to have testimony until the project is presented, but, yes, certainly with the caveat that they can submit comments in writing and we will make every effort to -- you may even want to have a sign-up sheet on the back saying give us your name and e-mail address on continued items, that we can -- that we can make sure to let you know if there is any issues to make sure that they know when the hearing is. I don't know. Just a suggestion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A parallel item comes to mind as well and that is if they are continuing it because they are making changes to the project, where in this does staff recommend that the change is significant enough that it should go through the Planning and Zoning Commission again and be remanded back to them. Is there any fixed, firm way to do that? Lucas: Madam Mayor, Members of the Council, Councilman Zaremba, we don't have a fixed firm way to do it, but we do watch out for significant changes to a project, whether that be -- some of the rules of thumb -- if the density is going up, they are adding lots, certainly that's something we don't feel as staff comfortable bringing to you something with a greater density than was viewed by the Planning and Zoning Commission. So, that's one area where we are pretty cut and dry on. On some of the other things, significant change to a roadway layout, that can be a big change. Significant change to a proposed amenity package, that can be a big change. And so we do -- we do in those instances -- what we would do is if they were proposing something like that staff would -- if they are already through the Planning and Zoning Commission and they have the opportunity to come before Council, staff would recommend that you remand it back to the Planning and Zoning Commission, so -- and thank you so much for your feedback on this specific issue. I'm going to walk away with the -- what staff is going to do based on this feedback -- we are going to make sure that the applicants recognize that we are going to -- that you're going to ask to speak to them or some other representative if they can't do it they got to have someone here. And I think as Madam Mayor said, that will help. It puts a little bit more emphasis on that process. If that is the case I think would still recommend you do that, hopefully at the beginning of the agenda, so that the public who is there is able to go home, because if the request is going to be granted it's nice that they can hear it. I think when we have that and the applicant coming up, it's less Meridian City Council Workshop February 11, 2014 Page 62 of 65 likely that a member of the public will miss -- miss that if it's just done through the discussion of the agenda. So, I think with those points, that minor modification, of protocol, will really help and it helps us -- I just think it helps the perception of the city and it helps to show the truth, which is that we want public testimony and that's why we do these meetings. So, with that I will certainly stand for anymore questions. De Weerd: Anything further? Okay. Thank you, Justin. Lucas: Thank you. Item 8: Ordinances A. Ordinance No. 14-1598: An Ordinance (RZ 13-015 — Solterra) For The Re -Zone Of A Parcel Of Land Located In The Southwest 1/40f The Southeast'/4 Section 05, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification Of L -O (Limited Office) Zoning District To The C -G (General Retail And Service) (2.39 Acres), L -O (Limited Office) (9.04 Acres) And R-15 (Medium High Density Residential) (11.18 Acres) Zoning District De Weerd: Okay. Under 8-A is Ordinance 14-1598. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1598, an ordinance RZ 13-015, Solterra, for the rezone of a parcel of land located in the southwest one quarter of the northeast one quarter Section 05, Township 3 North, Range 1 East, Boise meridian, City of Meridian, Ada County, Idaho, establishing and determining the land use zoning classification of L -O, Limited Office Zoning District, to the C -G, General Retail and Service, 2.39 acres, L -O, Limited Office, 9.04 acres, and R- 15, Medium High Density Residential, 11.18 acres, zoning district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, you have heard this read by title only. Council, I don't see anyone who would like to hear it read in its entirety. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1598 with suspension of rules. Meridian City Council Workshop February 11, 2014 Page 63 of 65 Milam: Second. De Weerd: I have a motion and a second to approve Ordinance under 9-A -- 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, abstain; Borton, yea; Milam, yea; Cavener, yea. call Zaremba: Again, I abstain due to my absence during the public hearings. De Weerd: Okay. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. Item 9: Future Meeting Topics De Weerd: Council, under Item 9, we do need to get some feedback from you on your schedules. We would like to set a capital improvement plan workshop. It will be two hours in length. If you can get Jaycee meeting dates you can't meet and give a time preference -- we were thinking around the noon hour or sometime in the early evening. So, Councilman Rountree and I -- Bird: What date? De Weerd: Well, we don't have a date, but we would like to do it prior to March 4th, which is the impact fee. Bird: So, we have got to do it within the next two weeks. De Weerd: Within the next couple of weeks, yes. Bird: And what day do you prefer? Monday, Tuesday, Wednesday, Thursday, Friday? De Weerd: Well, I -- Zaremba: Madam Mayor, do you want to narrow it down to a day? Bird: Yeah. That's what I -- Zaremba: Tuesday, maybe? Holman: Madam Mayor? I e-mailed all of you probably about an hour ago asking if you can just respond to me what works best, evening or noon, and any dates that do not work, I will compile all of that, send it back out to the group and see if we can get it scheduled, if that works best for everyone. Meridian City Council Workshop February 11, 2014 Page 64 of 65 De Weerd: And we can put in -- we could suggest a couple of dates. That probably helps narrow it. Bird: I would like that. De Weerd: Okay. Very good. Anything else under this -- this item? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We had talked a few weeks ago about the addressing policy that planning was going to bring back, a rewrite in light of some of the vague issues we had dealt with. Nary: Madam Mayor? Madam Mayor, Members of the Council, I can possibly answer that. We do have a working group -- Terri Ricks is the addressing tech. She is out for a short period of time and so she does need to be part of that group, but we do have a group already assembled of both my staff and the building department and the target was a workshop and I just don't know right now if they will be ready for our March workshop, but definitely that was the goal was to get on either your March or April workshop. Borton: As long as it's in the works. Nary: Yes. Item 10: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: It's in the works. Okay. Okay. If there isn't anything further, I do note that there is an Executive Session, but we can postpone that until next week when Councilman Rountree is here. So, with that said I would entertain a motion to adjourn. Bird: So moved. Borton: Second. De Weerd: Second? You don't want to adjourn? All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MOTION CARRIED: ALL AYES. Meridian City Council Workshop February 11, 2014 Page 65 of 65 MEETING ADJOURNED AT 6:10 P.M. MAYOR T ON FILE OF THESE PROCEEDINGS) 19AWNW.-T-.0% CE"E HOLMAN, CITY CLE 0 , 2 J DATE APPROVED ""N�-11A t Ali Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: LEASE AGREEMENT AMENDMENT First Amendment to Lease Agreement for Concessions Operations at Julius M. Kleiner Memorial Park MEETING NOTES I'al &N t Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS February 6, 2014 Matt Groll TV Scoopers LLC DBA Matt's Snack Shack 2191 W. Anatole Street Meridian ID 83646 RE: Amount due for Concessions Operations at Kleiner Park R 2013 Season Dear Matt: Enclosed please find an invoice for the amount due and owing for your lease of the concession building at Kleiner Park for the 2013 season. At its meeting on February 4, 2014, the City Council of the City of Meridian agreed to accept a modified amount of $825.00 for this portion of the lease period. Upon your payment of $825.00, your account will be paid in full through the 2013 season. Thank you for your attention to this matter. Sincerely, Colin Moss Recreation Coordinator Meridian Parks and Recreation February 6, 2014 Matt Groll TV Scoopers LLC DBA Matt's Snack Shack 2191 W. Anatole Street Meridian ID 83646 RE: Amount due for Concessions Operations at Kleiner Park — 2013 Season Dear Matt: Enclosed please find an invoice for the amount due and owing for your lease of the concession building at Kleiner Park for the 2013 season. At its meeting on February 4, 2014, the City Council of the City of Meridian agreed to accept a modified amount of $825.00 for this portion of the lease period. Upon your payment of $825.00, your account will be paid in full through the 2013 season. Thank you for your attention to this matter. Sincerely, Colin Moss Recreation Coordinator Meridian Parks and Recreation Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: AWARD OF BID FIVE MILE PATHWAY SEGMENT E Award of Bid and Approval of Agreement to Asphalt Driveways & Patching, Inc. for the Five Mile Pathway Segment E project for the Not -To -Exceed amount of $114,655.84 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Jay Gibbons Date: 02/3/14 Re: February 11 `h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 11 City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Asphalt Driveways & Patching. Inc. for the "Five Mile Pathway, Segment E - Bridgetower" project for a Not -To -Exceed amount of $114.655.84. Recommended Council Action: Award of Bid and Approval of Agreement to Asphalt Driveways & Patching, Inc. for the Not -To -Exceed amount of $114,655.84. Thank you for your consideration. 0 Page 1 r„ Z Q 7 W F- o!t W Q C W 0 z D O a 0 m sqn # Oil Pupa P!9 6 tunpuepp pau6ig w O G uj IIIIIIIIIII aoo�o e�o� AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION) PROJECT # 10187.a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of February, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Asphalt Driveways & Patchin s, Inc., hereinafter referred to as "CONTRACTOR", whose business address is P O. Box 702, Nampa, ID 83653 and whose Public Works Contractor License # is C -11782-B-4. INTRODUCTION Whereas, the City has a need for services involving FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 1 of 12 Project 10187.a state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $114,655.84. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 2 of 12 Project 10187.a 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. ANTICIPATED PROJECT SCHEDULE Issue Invitation for Bid Prebid Conference Receive Bids Award of Contract Notice to Proceed Completion Date 4. Termination: January 6, 2014 January 14, 2014 January 23, 2014 February 11, 2014 March 15, 2014 July 1, 2014 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 3 of 12 Project 10187.a 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CiTY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CiTY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CiTY; and if FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 4 of 12 Project 10187.a CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 5 of 12 Project 10187.a 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All Items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Asphalt Driveways & Patchings, Inc Purchasing Manager Attn: Jody Nelson 33 E Broadway Ave P O Box 702 Meridian, ID 83642 Nampa, ID 83653 208-888-4433 Phone: 208-467-5368 Email: asp haltdriveway cableone.net Idaho Public Works License #C -11782-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 6 of 12 Project 10187.a 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole f,- or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 7 of 12 Project 10187.a 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 8 of 12 Project 10187.a SIGNATURE PAGE FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION Project 10187.a CITY OF MERIDIAN BY: TAMMY de RD, MAYOR Dated: ASPHALT DRIVEWAYS & PATCHINGS, INC Dated: 1 3 J ; o/y Approved by Council: v p Attest: OL JA EE L.WOLMAN, CITY CLERK l'-11 Purchasing Approval BY Al KEIT ATTS, Purc asing Manager Dated:: '2�/ FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION Project 10187.a d' Qejirtme t Approval STEVESIDDOWAY, Parks Recreation Director Dated::/ y page 9 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-14-10187.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-14-10187.a, are by this reference made a part hereof. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 10 of 12 Project 10187.a Attachment B MILESTONE l PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $114,655.84. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 11 of 12 Project 10187.a MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 110 (one hundred ten) days Milestone 2 Final Completion 120 (one hundred twenty) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION per IFB PKS-14-10187.a Total Bid Schedule 1 ...................$114,655.84 CONTRACT TOTAL ....................... $114.655.84 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Bid Schedule Item No. Description Quantity Unit Unit Price 201.4.1.A.1 Clearing And Grubbing 1.5 AC $ 5,000.00 201.4.1.C.1 Removal Of Obstructions 1 LS $ 500.00 202.4.1.A.1 Excavation (Plan Quantity) 2000 CY $ 3.00 706.4.1.E.1 Concrete Sidewalk 10 SY $ 62.75 706.4.1.F.1 Concrete Driveway Approach 25 SY $ 53.50 802.4.1.A.1 3" Minus Uncrushed Aggregate (Drain Rock 500 CY $ 20.00 802.4.1.8.1 Crushed Aggregate For Base Type 1 1450 TON $ 18.00 810.4.1.A.1 Type Iii (Pg 58-28) Plant Mix Pavement 450 TON $ 90.00 1003.4.1.C.1 Silt Fence 1600 LF $ 1.12 1103.4.1.13.1 Traffic Control Signs 36 SF $ 5.80 1103.4.1.C.1 Traffic Control Barricades, Type Iii 1 EA $ 83.00 1103.4.1.H.1 Portable Tubular Markers 10 EA $ 11.00 1103.4.1.J.1 Traffic Control Maintenance 4 MH $ 24.00 1105.4.1.A.1 Permanent Signing 35 SF $ 10.00 FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 11 of 12 Project 10187.a 1105.4.1.D.1 Anchor Assembly 4 EA $ 31.00 1134.05.18 Pavement Markings (Thermoplastic) 80 SF $ 13.75 1135.01.01 Roadside Traffic Sign Installation (One Metal Post 4 EA $ 80.00 2010.4.1.A.1 Mobilization 1 LS $ 3,000.00 2030.4.1.A.1 Manhole, Adjust To Grade 5 EA $ 400.00 2050.4.1.A.1 Drainage Geotextile 2000 SY $ 1.25 SP -200 Pathway Bollard Installation 7 EA $ 1.72 SP -600 Stormwater Management 1 LS $ 1,600.00 SP -700 Modified 6" Vertical Curb And Gutter 45 LF $ 29.00 SP -780 Detectable Warning Domes 2 EA $ 1,375.00 SP -1000 Construction Staking 1 LS $ 1,000.00 SP -2001 Access Gate installation 2 EA $ 400.00 Gen Note - 17 Sales Use Tax 1 LS $ 300.00 Misc Bonds 1 LS $ 2,640.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FIVE MILE PATHWAY - SEGMENT E - CONSTRUCTION page 12 of 12 Project 10187.a Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: APPROVAL OF MINUTES Approve Minutes of January 14, 2014 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: February 11, 2014 ITEM NUMBER: 4D 4aelu*"111 H1,T1144 ITEM TITLE: APPROVAL OF MINUTES Approve Minutes of January 21, 2014 City Council PreCouncil 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: February 11, 2014 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: APPROVAL OF MINUTES Approve Minutes of January 21, 2014 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 I Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: APPROVAL OF MINUTES Approve Minutes of January 28, 2014 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: February 11, 2014 ITEM NUMBER: 4G PROJECT NUMBER: RZ 13-017 ITEM TITLE: SHERYL 4-PLEX Findings of Fact, Conclusions of Law for Approval: Public Hearing: RZ 13-017 Sheryl 4- Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L -O to the TN -R Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 4H PROJECT NUMBER: FP 13-047 ITEM TITLE: CBH HOMES Final Order for Approval: FP 13-047 Baraya Subdivision No. 1 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty -Seven (47) Single -Family Residential Building Lots and Three (3) Common Lots on 11.05 Acres of Land in the R-8 and R-15 Zoning Districts AND Request to Renumber this to Subdivision No. 1 MEETING NOTES ZZ7 7 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 47 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 3 COMMON LOTS ON 11.05 ACRES OF LAND IN THE R-8 AND R-15 ZONING DISTRICTS FOR BARAYA SUBDIVISION NO. 1 BY: CBH HOMES APPLICANT HEARING DATE: JANUARY 21, 2014 CASE NO. FP -13-047 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on January 21, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING BARAYA SUBDIVISION NO. 1, LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 15, T.3N., R.1 W B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 12/12/13, GREGORY G. CARTER, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 (FP -13-047) Page 1 of 3 Mayor and City Council from the Planning Division and the Development Services Division of the Community Development Department dated January 21, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Matt Shultz, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 (FP -13-047) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an 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 a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of 2014. d By. Tammyeerd Mayor,rtvycf Meridian Go` 0 ,T D n UCGs z Attest: 1' , r� ti OW f Cl{y Of ERJDI1 N_1 - 10A a 7aycee olman City Clerk J�T�H Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. Dated: D- [ 3 -1 � ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 (FP -13-047) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: Januaiy 21, 2014 E IDIAN' TO: Mayor and City Council C�I D A 5-10 FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -13-047 — Baraya Subdivision No. 1 I. APPLICATION SUMMARY The applicant, CBH Homes, has applied for final plat (FP) approval of 47 single-family residential building lots and 3 common area lots on 11.05 acres of land in the R-8 and R-15 zoning districts for the first phase of Baraya Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Baraya Subdivision No. 1 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -13-047 as presented in the staff report for the hearing date of January 21, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -13-047, as presented during the hearing on January 21, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -13-047 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the south side of W. Franklin Road, between Black Cat and Ten Mile Roads, in the NE'/4 of the NW '/a of Section 15, T. 3N., R. 1W. B. Applicant: CBH Homes 1977 E. Overland Road Meridian, Idaho 83642 C. Owner: RWK Investments, LLC 7847 S. Pheasant Wood Drive Sandy, UT 84093 Baraya Sub 1 FP -13-047 EXHIBIT A D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 47 single-family residential building lots and 3 common/other lots on 11.05 acres of land in the R-8 and R-15 zoning districts. The gross density of the proposed plat is 4.25 dwelling units (d.u.) per acre. The applicant is proposing 2.1 acres of common area consisting of common lots, a pathway, and parkways. Two final plats have previously been approved (but not yet recorded) for this subdivision — Baraya Subdivision No. 1 (FP -07-030) and Baraya Subdivision No. 2 (FP -07-031). The applicant has submitted a request for withdrawal of those applications. The subject final plat is proposed as the first phase of development. Staff has reviewed the proposed final plat for substantial compliance with the proposed preliminary plat (PP -06-062) and finds there to be one less lot shown on the final plat than approved on the preliminary plat. Because the number of buildable lots is fewer and common open space has increased, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-613-3C.2. Note: The developinent agreeinentfor this property requires a minimum? of 334 single family dwellings to be constructed on the R-8 and R-15 portion of the site. VI. SITE SPECIFIC CONDITIONS - 1. Applicant shall meet all terms of the approved annexation (AZ -06-061), development agreement (Inst. No. 107123289), preliminary plat (PP -06-062) and time extension (TE -09-015; TE -11-001; TEC -13-001) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on a final plat by January 10, 2015, in accord with TEC -13-001 and UDC 11-613-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering, Inc., stamped on December 12, 2013 by Gregory G. Carter, shall be revised as follows: a. Include the recorded instrument number for the development agreement in Note #11 as "107123289". 5. The landscape plan prepared by Breckon Land Design Inc. dated December 6, 2013, shall be revised as follows: a. Six-foot tall solid fencing is not allowed adjacent to pathways; revise the fencing to 4 -foot tall or 6 -foot tall open vision along the north boundary of Lots 2-9, Block 3. b. Six-foot tall solid fencing is required to be set back a minimum of 10 feet from the street side property line in the rear yard on corner lots (i.e. Lot 6, Block 1 and Lot 1, Block 2); revise fencing accordingly. 6. The pond shown on Lot 1, Block 1 shall comply with the standards listed in UDC 11 -3G -3B.8. The pond shall have recirculated water and shall be maintained such that it does not become a mosquito breeding ground. Baraya Sub 1 FP -13-047 2 EXHIBIT A 7. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement. The rear elevations of homes visible from public streets and open spaces shall also be subject to these guidelines. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. This development borders a domestic water pressure zone boundary, and therefore the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their South Fritts Way connection to W. Franklin Road. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by Baraya Sub 1 FP -13-047 EXHIBIT A the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Baraya Sub 1 FP -13-047 EXHIBIT A Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 1/12/07) C. Proposed Final Plat (dated: 12/12/13) D. Proposed Landscape Plan (dated: 12/6/13) Baraya Sub 1 FP -13-047 EXHIBIT A Exhibit A — Vicinity Map Baraya Sub 1 FP -13-047 EXHIBIT A Exhibit B — Preliminary Plat (dated: 1/12/07) Baraya Sub 1 FP -13-047 7 eu s DABAVA SUBDIVISION nettcars � _ E N•Sw x°. EXHIBIT A Exhibit C — Proposed Final Plat (dated: 12/12/13) W. FRANKLIN W PLAT SHOWNG BA575 of BEAImLGY �+>�, i�f BARAYA SUBDIVISION NO. I — -- — NaaTrx f xasa T[sua sfosA LOCATED IN THE HE 1/4 OF THE NW 1/4 ---• -- »fas5 OF SECTION 15, T.311.. R.M. B.M. AOA COUNTY, IDAHO ao+nsx. 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I I I I I 11 r---1 1 r'---� 1 f-"-7 -s f.4� pawl MTI P1A4]t Gn R6 RVI 4NisS Yfl2D OTItRR-C /.� 't a»=� f ad Yal. A 6WN 2 }[RP:tI[Y [AStfE11T B' Eti S ! 1R' IWi rN "/ITS i t 1 1 is I I J c J L J L-- ..J L__ -.,J L---, L --- J L J L_ r .6 �•��••� LLSIT= f�1N?MiQtl l0.MARY O Lot "m Uf ? N£ (52 Milt 1) NM —T -- PAflCfdr`m. NS 'In [TT Ua HIMtY:Y AEVT — — — — GIsR#G OIA4[ [N[ Q raw S/R' acaf i4'! f.4� pawl MTI P1A4]t Gn R6 RVI 4NisS Yfl2D OTItRR-C /.� 't a»=� f ad Yal. A 6WN 2 }[RP:tI[Y [AStfE11T B' Eti S ! 1R' IWi rN "/ITS tm Acari a>u rM m 118, Pt3 Baraya Sub 1 FP -13-047 8 50 0 25 SO 1OG SCALE IN FEET i.�50. FOR NOTES ANO UNE JaJalley AND CURVE TABLES ingineering, Inc trzxcar o twm, as ma CIVILENGINEERINGIPLALLNINGICADD Rw amrr mar it_O E TAINtRP�CR 51*IIy SIE Ira W Ymatka Nfai SHEET / OF 1 �ociNA¢ .w.wml.yv:..a. EXHIBIT A Exhibit D — Proposed Landscape Plan (dated: 12/6/13) L©udl,®�If �L _.1:. it •.L: Ras: 3 ''��.'.'.�(•.•':."1': -•,r � a _� � mu n s�^_-� .�•a,^• �-rte. u.8:�:� Ur� V tT - li O F Y L©udl,®�If �L _.1:. it •.L: Ras: 3 ''��.'.'.�(•.•':."1': -•,r � a _� � mu n s�^_-� .�•a,^• �-rte. u.8:�:� Ur� Baraya Sub 1 FP -13-047 9 Lt; za o o 0 "2 El -•,r � a _� � mu n s�^_-� .�•a,^• �-rte. u.8:�:� Ur� V li Baraya Sub 1 FP -13-047 9 Lt; za o o 0 "2 El C 31171:."7^'^'3 �^.CSI :_�;L^.r•`7•e��il ;. lI?: -1 (1 O r ,x 'MM i Le EXHIBIT A R4, WJ&:.. Baraya Sub 1 FP -13-047 10 TLM AREA PREPARATION w �O §5 0 Sonya Watters From: Matt Schultz <schultzdevelopment@gmail.com> Sent: Monday, January 27, 20141.1:33 AM To: Sonya Watters Subject: Re: Baraya Sub.1 Final Plat Staff Report Sonya .... we concur with the Baraya No. l staff report for tonight's hearing. Thank you Matt Schultz (208) 880-1695 From Mobile Office On Jan 27, 2014 11:19 AM, "Sonya Watters" <swattersna meridiancity.oray wrote; Can you please send me a response to the staff report? Thxl cro,c�.ss yi�.��E.ar,w Associate City Planner, Planning Division City of Meridian - Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 208-884-5533 ext. 0578 www.meridianciiy.org Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda Uw,-A, MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 6A PROJECT NUMBER: RZ 13-015 ITEM TITLE: SOLTERRA Continued from January 21, 2014: Public Hearing: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 6B PROJECT NUMBER: CPAM 13-002 ITEM TITLE: SOLTERRA Continued from January 21, 2014: Public Hearing: CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use -Regional MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: february 11, 2014 ITEM NUMBER: 6C PROJECT NUMBER: PP 13-037 ITEM TITLE: SOLTERRA Continued from January 21, 2014: Public Hearing: PP' 13-037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety -Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C -G, L -O and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 6D PROJECT NUMBER: RZ 13-015 ITEM TITLE: SOLTERRA Findings of Fact, Conclusions of Law for Approval: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 6E PROJECT NUMBER: RZ 13-015 ITEM TITLE: SOLTERRA Development Agreement Approval: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L -O (Limited Office) Zoning District to the C -G (General Retail and Service Commercial) (2.39 acres); L -O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (1 1.18 Acres) Zoning Districts MEETING NOTES . 61 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 C11681013her D. Rich AMOUNT .00 12 BOISE IDAHO 02114114 10:39 AM DEPUTY Dail Garrett RECORDED -REQUEST OF 1141 ie; Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Capital Christian Center, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_ day of Ftbruc.-t-c4 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called CITY, and Capital Christian Center whose address is 2760 E. Fairview Avenue, Meridian, Idaho 83642 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of C -G (General Retail and Service) (2.39 acres), L -O (Limited Office) (9.04 acres) and Medium High Density Residential District(R-15) (11.18 acres) zoning districts under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 11 th day of February, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT — SOLTERRA (RZ 13-015) PAGE 2 OF 9 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Capital Christian Center, whose address is 2760 E. Fairview Avenue, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned C -G (General Retail and Service) (2.39 acres), L -O (Limited Office) (9.04 acres) and Medium High Density Residential District(R-15) (11.18 acres) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of this site shall substantially comply with the preliminary plat, landscape plan and building elevations in Exhibit A.4, A.5 and A.6 of the Findings of Fact and Conclusions of Law, which are attached. 5.1.2 The residential portion of the development shall consist of a maximum of ninety-four (94) single family detached and single family attached homes. Prior to issuance of a building permit for the single family attached homes, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application. 5.1.3 Any expansion of the existing church and development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 3 OF 9 5.1.4 With the development of the Solterra Subdivision, the applicant shall provide the following accesses to the commercial property to the east (parcel #51105449105) in accord with UDC 11 -3A -3A as follows: a) stub a public street in the northeast corner as proposed, and; b) grant a cross-access/ingress-egress easement and construct the commercial driveway to the east boundary as shown in Exhibit AA of the Findings of Fact and Conclusions of Law, which are attached. 5.1.5 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.6 The applicant shall construct the 10 -foot multi -use pathway adjacent to E. Fairview Avenue with the first phase of development. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default..In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 4 OF 9 Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the r City. DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 5 OF 9 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Capital Christian Center 2760 E. Fairview Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 6 OF 9 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Capital Christian Center By: CITY OF MERIDIAN By: Mayo y de Weerd ` City of I IDIAN#-- Jaycee Holman, City Clerk y °""° SEAL DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 8 OF 9. STATE OF IDAHO ) ss: County of Ada, ) On this ,� day of ' , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be of Capital Christian Center, and acknowledged to me that he executed the same on behalf of said Church. IN WI TNESS' WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) SEAN EDWANDS Notary Public State of Idaho STATE OF IDAHO ) . s County of Ada ) Flic for Idaho :yission Expires: IVOv. 13 On this day of _, 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Ij. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) �NoPulblicfor�Id Residing at: 1 • ` Commission expires: co °*OF rwrrr DEVELOPMENT AGREEMENT - SOLTERRA (RZ 13-015) PAGE 9 OF 9 EXHIBIT A LEGAL DUSCRIPTION FOR ZONE C•G A parcel of land located in the Southwest 114 of the Southeast 114 of Section 6, Township 3 North, Range 1 East, poise Meridian, Ada County, Idaho, Being further described as follows: BASIS OF BEARINGS: The South line of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 89.48'53" West with the distance between monuments found to be 2643.98 feet. COMMENCING at the South 1/4 corner of section 6, Township 3 North, Range 1 East, poise Meridian; thence along the South line of the Southwest 1/4 of the Southeast 114 of said Section 5, South 89.48'63" East a distance of 909.17 feet to the centerline of North hickory Way also being the POINT OF BEGINNING; thence leaving said South line, and along said centerline, North 00.24'45" East a distance of 77.86 feet; thence continuing along sold centerline along a curve to the left with a radius of 180.00 feet and a central angle of 26004165" an arc length of 81.94 feet with a chord bearing of North 12.37'43" West, and a chord distance of 81.23 feet; thence leaving said centerline, North 72.55'47" East a distance of 71.79 feet; thence along a curve to the right with a radius of 140.00 Net and a central angle of 17004'13" an are length of 41.71 feet with a chord bearing of North 81'27'54" East, and a chord distance of 41.58 feet; thence North 90.00'00" East a distance of 67.47 feet; thence along a curve to the left with a radius of 50.00 feet and a central angle of J9'06'S5" an arc length of 77.76 feet with a chord bearing of North 45.27'03" East, and a chord distance of 70.16 feet; thence North 00.54'05" East a distance of 53.75 feet; thence along a curve to the right with a radius of 50.00 feet and a central angle of 89.31'14" an arc length of 78.12 feet with a chord bearing of North 45°3942" East, and a chord distance of 70.41 feet; thence South 89'34'41" East a distance of 134.76 feet to the East One of said Southwest 1/4 of the Southeast 1/4; thence along said East One, South 00031'07" West a distance of 336.89 feet to the Southeast corner of said Southwest 1/4 of the Southeast 1/4; thence along said South line, North 89.48'53" West a distance of 412.90 feet to the POINT OF BEGINNING. Said parcel containing 104,245 square feet or 2.39 acres more or less. Russell E. Bodgley, P.L.S. 12468 Timberline Surveying 847 Park Centre Way, Suite 3 1244 Nampa, Idaho 83861 / (208) 4655687 �� r Solterra - RZ 13-005 EXHIBIT A LEGAL DESCRIPTION FOR ZONE L -O A parcel of land located In the Southwest 1/4 of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South One of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 89°48'63" West with the distance between monuments found to be 2843.98 feet, COMMENCING at the South 1/4 corner of Section 5, Township 3 North, Range 1 East, Boise Meridian; thence along the South line of the Southwest 1/4 of the Southeast 1/4 of said Section 6, South 89'48'63" East a distance of 1,322.07 feet to the Southeast corner of sold Southwest 1/4 of the Southeast 1/4; thence along the East fine of said Southwest 1/4 of the Southeast 1/4, North 00'31'07" East a distance of 336.89 feet to the POINT OF BEGINNING; thence leaving sold East One, North 89034141" West a distance of 134.76 feet; thence along a curve to the left with a radius of %oo feet and a central angle of 89'31'14" an arc length of 78.12 feet with a chord bearing of South 46.39'42" West, and a chord distance of 70.41 feet; thence South 00.606" West a distance of 63.76 feet; Thence along a curve to the right with a radius of 60.00 feet and a central angle of 89°06'66" an arc length of 77.75 feet with a chord bearing of South 46.27'03" West, and a chord distance of 70.16 feet; thence North 90.00'00" West a distance of 87.47 feet; thence along a curve to the left with a radius of 140.00 feet and a central angle of 17004'13" an arc length of 41.71 feet with a chord bearing of South 81.27'64" West, and a chord distance of 41.58 feet; thence South 72.6647" West a distance of 71.79 feet to the centerilne of North Hickory Way; thence along said centerline the following five(5) courses: along a curare to the left with a radius of 180.00 feet and a central angle of 37.4648" an arc length of 118.64 feet with a chord bearing of North 44.33'04" West, and a chord distance of 118.60 feet; North 63.26'68" West a distance of 136.49 feet; along a curare lo the right with a radius of 180.00 feet and a central angle of 24.40'06" an arc length of 77.60 feet with a chord bearing of North 61.06'66" West, and a chard distance of 76.90 feet; North 38'46'63" West a distance of 192.86 feet; along a curve to the left with a radius of 400.00 feet and a central angle of 19.62'02" an arc length of 138.70 feet with a chord bearing of North 48.41164" West, and a chord distance of 138.01 feet; thence leaving said cer6rine, North 31'22'06" East a distance of 37.89 feet; thence along a curve to the left with a radius of 200.00 feet and a central angle of 35660'06" an aro length of 126.09 feet with a chord bearing of North 13"27'03" East, and a chord distance of 123.06 feet; thence South 89.44'38" East a distance of 876.66 feet. to sold East line; thence South W31'07" West a distance of 403.63 feet to the POINT OF BEGINNING. Said parcel containing 393,834 square feet or 9.04 acres. Russell E. Badgley, P.L.S. 12468 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 466-5687 Solterra - RZ 13-005 EXHIBIT A LEGAL DESCRIPTION FOR ZONE R-16 A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. tieing further described as follows: BASIS OF BEARINGS: The South One of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 89.48'63" West with the distance between monuments found to be 2643.98 feet. COMMENCING at the South 1/4 corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence along the South line of the Southwest 1/4 of the Southeast 1/4 of said Section 6, South 89.48'63" East a distance of 1,322.07 feet to the Southeast corner of said Southwest 1/4 of the Southeast 1/4; thence along the East line of said Southwest 1/4 of the Southeast 114, North 00'31'07" East a distance of 740.42 feet to the POINT OF BEGINNING; thence leaving said East One, North 89.44'36" West a distance of 876.66 feet; thence from a tangent which bears South 04.28100" East, along a curve to the right with a radius of 200.00 feet and a central angle of 36'50`06" an arc length of 126.09 feet with a chord bearing of South 13'27'03" West, and a chord distance of 123.06 feet; thence South 31'22'05" West a distance of 37.89 feet to the centerline of North Hickory Way; thence along said centerline, along a curve to the left with a radius o(400,00 feet and a central angle of 06'27'19" an arc length of 38.08 feet with a chord bearing of North 61'21'34" West, and a chord distance of 38.07 feet; thence leaving said right-of-way and along the boundary of Dove Meadows Subdivision No.1, North 11.69'64" East a distance of 387.84 feet; thence along the boundary of Dove Meadows Subdivision No.2, North 46'6244" East a distance of 160.00 feet; thence continuing along said boundary, North 00127'36" East a distance o(219.97 feet to the boundary of Packard Subdivision No.4; thence along said boundary, South 89'4436" East a distance of 773.40 feet to the Southeast corner of Packard Subdivision No.4 also being the Northeast corner of the Southwest 1/4 of the Southeast 1l4 of Section 6; thence along the East One of said Southwest 1/4 of the Southeast 1/4, South 00'31'07" West a distance of 670.45 feet to the POINT OF BEGINNING, Said parcel containing 497,079 square feel Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83661 (208) 466.6687 Solterra — RZ 13-005 Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 6F PROJECT NUMBER: CPAM 13-002 ITEM TITLE: RESOLUTION NO. Resolution No. 1q - Tl_� :CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use -Regional DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 02113114 12;02 PM DEPUTY Vicky Bailey RECORDED -REQUEST OF III I'II'I�I'I'I()II'II'IIIII'III Meridian City 114011256 CITY OF MERIDIAN RESOLUTION NO. .Y BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 22.61 ACRES KNOWN AS SOLTERRA LOCATED ON THE NORTHEAST CORNER OF E. FAIRVIEW AVENUE AND N. HICKORY WAY, IN THE SE 1/40F SECTION 05, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 22.61 acres of land from Office to Mixed Use — Regional District (MU -R). Said land is known as Solterra and is located on the northeast corner of E. Fairview Avenue and N. Hicicory Way, in the SE 1/4 of Section 05, Township 3 North, Range 1 East, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — SOLTERRA CPAM 13 -002 Page 1 of 2 hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of ,2014. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2014. APPR07ED:...__ _...... Mayor Ta y de Weerd ATTEST:- — O0,,,JUD AUGGS l� Gw City of By: UIDIA N Stiff Jayce .Holman, City Clerk ., COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — SOLTERRA CPAM 13-002 Page 2 of 2 EXHIBIT A Date: 12/12/2013 Existing Land Uses Proposed Land Uses Solterra — CPAM 13-002 Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 6G PROJECT NUMBER: PP 13-037 ITEM TITLE: SOLTERRA Findings of Fact, Conclusions of Law for Approval: Public Hearing: PP 13-037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety -Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C -G, L -O and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: LEGAL - STRETEGIC PLAN UPDATE Legal Department: Strategic Plan Update 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 `� was C. 2/11/2014 ±d" �Z CilY I Services Provided Review and sign -off on Council agenda items via Agenda Manager a Cover all City Council meetings Coverage for 8 boards: Arts Commission Historic Preservation Commission-., Parks & Recreation Commission Planning & Zoning Commission Solid Waste Advisory Commission Transportation Commission Board of Adjustment Impact Fee Committee Services Provided P Prepare all Resolutions and Proclamations Prepare all Development Agreements ® Prepare all Ordinances Attend meetings, provide trainings, contract review and document drafting 2/11/2014 N Highlights from 2013 Victory South Annexation Commercial recycling ordinance b Parks Code re -write 1 New City Council Training > Impact Fee Update e TUP updates o Dark Fiber Agreement > DBSI Bankruptcy case concluded Public Records Appeal in City's Favor Accolades IDAHOlu"11SS-1- women of theye� IMA Idaho Municipal Atiome)� Mayor's office Legislative Review Research for citizen inquiries Advice and support re: Ada County Landfill changes > Council meeting preparation w General Counsel on all legal matters 2/11/2014 3 Bankruptcy case management Monitor cases to observe court-ordered stay; file Proof(s) of Claim; ensure that billing resumes, when allowed Act as liaison between trustee, court, MUBS Advise on foreclosure, garnishment : Board of Adjustment support 7 cases heard and resolved by Board in 2013 > Advice and Support to Asset Disposal Process Information Services (IT/City Clerk) > Review and approve permits and licenses o- Review and process all public records requests > Advice and support to Records Retention and Destruction process TUP/Special events team Community Development (Planning and Building Services) P Advice, support regarding UDC enforcement, temporary use permits o- Provide pre -meeting issue analysis > I -Code updates per Idaho Code changes 2/11/2014 4 0M. r Smoking and E -Cigarettes Ordinance s Legal support for UDC, nuisance/weed, animal control, abandoned vehicles, I -Code, miscellaneous code compliance cases Attend meetings with violators and staff regarding compliance ob]ectives and timelines Draft notice of violation/order to abate letters, compliance checklists G A Fire w Public Records Request response review HIPAA Compliance Administrative Warrants acquired for Inspection Parks and Recreation r Special event agreements e Arborist assistance o Tree Donor Program r Kleiner Park Community Garden agreement e Real property agreements Pathway easements Farm leases 2/11/2014 5 Public Works Assist on water/sewer easements > Legislative Assistance k NMID Master Agreement Advice and support for City recycling programs Assistance with Title 9 concerns Water consumption Pressurized irrigation Cross -connections Enforcement Human Resources a Partnerwith HR on Union Contract negotiations/ Policy Interpretations R Draft ordinance or City Policy as needed Assist with Disciplinary matters Risk Management Claims Management Litigation Management In -House (1 pending appeal) Outside Counsel (2 pending) 2/11/2014 R Future Needs a Police Attorney > Part -Time Attorney to Full time position Expanding knowledge base in various disciplines e Additional city wide staff training Bill Nary • Meridian City Attorney Ted Baird • Deputy City Attorney Emily Kane • Deputy City Attorney Andrea Pogue • Assistant City Attorney Michelle Albertson • Legal Services Support Manager 2/11/2014 7 Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: CD - GROWTH IMPACT TOOL Community Development Report: Growth Impact Tool MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: PW - FY 2013 ENGINEERING PROJECT CLOSEOUT REPORT Public Works: FY 2013 Engineering Project Closeout Report MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: FD - COMPLIANCE ENGINE INSPECTION REPORTING Fire Department Report: Compliance Engine Inspection Reporting and Notification System MEETING NOTES r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT Fire Department Report, February 11, 2014 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN FIRE DEPARTMENT REGARDING APPROVED METHOD OF TRANSMITTING RECORDS OF INSPECTIONS TO MERIDIAN FIRE DEPARTMENT; AUTHORIZING THE FIRE CHIEF TO CARRY OUT SUCH POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to International Fire Code ("IFC") sections 107.2.1 and 107.2.2, as adopted by Meridian City Code section 10-4-1, the Fire Chief requires that records of required tests, inspections, and reinspections be filed with the Fire Chief; WHEREAS, the Fire Chief is authorized by IFC section 104. 1, adopted as amended by Meridian City Code section 10-4-2, to adopt procedures to facilitate the application of the provisions of the IFC; WHEREAS, the Fire Chief finds the Internet -based service known as Compliance Engine to be a reliable, secure, easy to use, cost-effective, responsive website that will facilitate inspectors' and property owners' compliance with City Code; and WHEREAS, the Mayor and City Council find that it is in the best interest of the safety and welfare of the people of Meridian to adopt and effectuate the Administrative Policy attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Administrative Policy attached hereto as ExhibitA is hereby adopted and effectuated by the Mayor and City Council of the City of Meridian. Section 2. That the Fire Chief is authorized to carry out said Administrative Policy. Section 3. That this Resolution shall be in full force and effect on February 18, 2014. ADOPTED by the Meridian City Council this day of , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2014. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk RESOLUTION ADOPTING MID ADMINISTRATIVE POLICY ESTABLISHING METHOD OF TRANSMITTING REQUIRED TEST AND INSPECTION RECORDS Page I of I DRAFT Fire Department Report, February 11, 2014 EXHIBIT A RESOLUTION ADOPTING MFD ADMINISTRATIVE POLICY ESTABLISHING METHOD OF TRANSMITTING REQUIRED TEST AND INSPECTION RECORDS Page 2 of 2 DRAFT Fire Department Report, February 11, 2014 C��fEP,IDIAM, Meridian Police Department ADMINISTRATIVE POLICY SUBJECT: Approved method of transmitting test and inspection records to Meridian Fire Department PURPOSE: To establish the approved method of transmitting records of required tests, inspections, and reinspections to the Meridian Fire Department as required by International Fire Code sections 107.2.1 and 107.2.2, as adopted by Meridian City Code section 10-4-1. POLICY: The Fire Chief finds Compliance Engine to be a reliable, secure, easy to use, cost- effective, responsive, Internet -based service that will facilitate property owners' and inspectors' submission of required test, inspection, and reinspection records and compliance with City Code. For these reasons, the Fire Chief designates Compliance Engine to be the method by which records of required tests and inspections are to be transmitted to the Meridian Fire Department where such transmission is required by the IFC and/or City Code. RESOLUTION ADOPTING MFD ADMINISTRATIVE POLICY ESTABLISHING METHOD OF TRANSMITTING REQUIRED TEST AND INSPECTION RECORDS Page 3 of 3 BRYCER, LLC 4355 Weaver Parkway Suite 100 Warrenville IL 60555 February 11th, 2014 Meridian Fire Department 33 E Broadway Ave Meridian, ID 83642 Attn: Fire Chief Mark Niemeyer Re: "The Compliance Entine" Dear Fire Chief Niemeyer: We look forward to providing you with "The Compliance Engine" (the "Solution"). This proposal letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you, the Meridian Fire Department ("Client"), with the Solution. The use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A. The basic terms are as follows: I. Term: Brycer will provide Client with the Solution for three years, commencing February 11`x', 2014 (the "Initial Term"). Thereafter, the Term shall automatically renew for successive three year period unless terminated by Brycer or Client in writing at least 90 days prior to the expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the "Term"). Following the expiration or termination of the Term (as provided in the Terms and Conditions), Client shall stop using the Solution; provided, however, Brycer shall make available, and Client shall have the right to download, Client's data from the Solution for a period of 30 days after the expiration or termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days written notice to Brycer. 2. Fees: Client shall not pay any fees for use of the Solution. 3. Bryeer Responsibilities: During the Term, Brycer shall be responsible ror the Following in connection with Client's use of the Solution: Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B. The maintenance schedule and minimum service levels for the Solution are set forth on Exhibit B. • Service Level. Brycer shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with Client and access the Solution. • Backup. Brycer shall backup the database used in connection with the Solution to a separate server located within the same web hosting firm which the Solution is being hosted on a real time basis. Upon request by Client (which can be no more than once a month) or made prior to or within 60 days after the effective date of termination of the Term, Brycer will make available to Client a complete and secure (Le, encrypted and appropriately authenticated) download file of Client data in XML format including all schema and attachments in their native format. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client data. Brycer shall not (a) modify Client data or (b) disclose Client data except as required by law. 1180293/4/13399.000 • Retention of Information. Brycer will maintain all information entered into the database by third party inspectors for at least five (5) years from the time such information is entered into the database. Information older than (5) years may be archived and available within 24hrs per request. No information will be removed without approval by the Client • Notices. Brycer will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a) reminders of upcoming inspections that are due; (b) notices that an inspection is past due; and (c) notices of completed inspection reports which contain one or more deficiencies. • Updates and Enhancements. In the event Brycer releases any updates, corrections, or enhancements to the Solution during the Term, Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client Responsibilities: During the Term, Client shall be responsible for the following in connection with Client's use of the Solution: • Operating System. Client shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the Client's equipment (the "Client Access Software") and for the installation of network connections to the Internet. In addition to any other Client Access Software requirements, Client must use version Internet Explorer 7.0, Firefox version 3, Chrome 2 or Safari 4 (or more recent versions), in addition to hay ink, a .pdf reader installed on machines to view attachments. • Training, Client shall allow Brycer at Client's facilities to train all applicable personnel of Client on the use of the Solution. Information. Client shall promptly provide Brycer with all appropriate information necessary for Brycer to create the database for the Solution, including without limitation: (a) all commercial building addresses within the Meridian Fire Department's jurisdiction for B►ycer's initial upload; and (b) quarterly updates to a format acceptable to Brycer in its discretion. • Enforcement. Client shall take all actions necessary to require in writing (e.g. resolution, ordinance, fire policy, code amendment) the use of the Solution by third party inspection companies. • Reports. Client will require all compliant and deficient test results to be submitted. Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by counter -signing this proposal below. We look forward to a long-term and mutually beneficial relationship with you. Acknowledged and Agreed to this -___ day of , 20 City of Meridian 33 E Broadway Ave Meridian, ID 83642 By: f, Its: Mayor 1180293/4/13399.000 Brycer, LLC By: Bryan Schultz Its: Managing Director Exhibit A Terms and Conditions Any capitalized terms not defined in these Temis and Conditions shall have the meaning assigned to it in that certain Letter Agreement attached hereto by and between Brycer, LLC and Client (the "Agreement). Restrictions on Use. Client shall not copy, distribute, create derivative works of or modify the Solution in any way. Client agrees that: (a) it shall only permit its officers and employees (collectively, the "Authorized Users") to use the Solution for the benefit of Client; (b) it shall use commercially reasonable efforts to prevent the unauthorized use or disclosure of the Solution; (c) it shall not sell, resell, rent or lease (lie Solution; (d) it shall not use the Solution to store or transmit infringing or otltenvise unlawful or tortious material, or to store or Iransmit material in violation of third party rights; (e) it shall not interfere with or disrupt the integrity or performance of the Solution or third -party data contained therein; and (f) it shall not reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived front the Solution. Client is responsible for all actions taken by the Authorized Users in connection with the Solution. Propriety Rights. All right, title and interest in and to the Solution and any and all derivative works or modifications thereof (the "Derivative Works"), and any accompanying documentation, manuals or other materials used or supplied under this Agreement or with respect to the Solution or Derivative Works (the "Documentation"), and any reproductions works made thereof, remain with Brycer. Client shall not remove any product identification or notices of such proprietary rights from the Solution. Client acknowledges and agrees that, except for (lie limited use rights established hereunder, Client has no right, title or interest in the Solution, the Derivative Works or the Documentation. 3. independent Contractor. Nothing in the Agreement may be construed or interpreted as constituting either party hereto as the agent, principal, employee or joint venturer of the other. Each of Client and Brycer is an independent contractor. Neither may assume, either directly or indirectly, any liability of or for the other party. Neither party has the authority to bind or obligate the other party and neither party may represent that it has such authority. 4. Reservation of Rights. Brycer reserves (lie right, in its sole discretion and with prior notice to Client, to discontinue, add, adapt, or otherwise modify any design or specification of the Solution and/or Brycer's policies, procedures, and requirements specified or related hereto. All rights not expressly granted to Client are reserved to Brycer, including the right to provide all or any part of the Solution to other parties. 5. Use of Logos. During (lie term of this Agreement, Brycer shall have the right to use Client's logos for the purpose of providing the Solution to Client, 6. Confidential Information. Brycer and Client acknowledge and agree that in providing the Solution, Brycer and Client, as the case may be, may disclose to the other party certain confidential, proprietary trade secret information ("Confidential Information"). Confidential Information may include, but is not limited to, the Solution, computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information or business plans. Each party agrees that it will not, without [lie express prior written consent of (lie other party, disclose any Confidential Information or any pan thereof to any third party. Confidential Information excludes information: (a) that is or becomes generally available to the 1180293/4/13399.000 public through no t?tult of the receiving party; (b) that is rightfully received by the receiving party from a third party without limitation as to its use; or (c) that is independently developed by receiving party without use of ani Confidential Information. At the termination of this Agreement_ each part) will return the other pang all Confidential Information of the other party. Each party also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with any Confidential Information of the other party or any firmware, circuit board or software provided therewith. Notwithstanding the foregoing, the parties acknowledge that Client shall be permitted to comply with any all federal and state laws concerning disclosure. 7. Brycer Warranty. Brycer represents and warrants to Client that Brycer has all rights necessary in and to any patent, copyright, trademark, service mark or other intellectual property right used in, or associated with, the Solution, and that Brycer is duly authorized to enter into this Agreement and provide the Solution to Client pursuant to this Agreement. Disclaimer. All information entered into Brycer's database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER'S DATABASE BY EITHER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH iN SECTION 7, BRYCER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOLUTION Olt ANY OTHER INFORi•'IATION AND ALL OTHER WARRANTIES, WI-IrTHER EXPRESS OR ItYIPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTiES OF 1NIERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF TiIE REPRESENTXI'ION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY, SHALL BE THAT BRYCER SHALL INDEMNIFY AND MOLD RECIPIENT HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTATION AND WARRANTY. LIMITATION ON DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 7, IN NO EVENT SHALL BRYCER BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUEN'T'IAL, Olt INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS Oh PROFITS Olt SYSTEM DOWNTIME. CLIENT ACKNOWLEDGES AND AGREES T]IAT IN NO CASE SHALL BRYCER 'S LIABILITY FOR ANY LOSS OF DATA Olt DATA. iNTEGRITY EXCEED THE REPLACEMENT COST OF THE iNIEDIA ON NNIHIC1-I'l,IIL DATA WAS STORED. 10. Risks Inherent to Internet, Client aeknowledges that (it) the Internet is a worldwide network of computers, (b) communication on the Internet may not be secure, (c) the Internet is beyond (he control of Brycer, and (d) Brycer does not own, operate or manage the laterite(. Client also acknowledges that there are inherent risks associated with using the Solution, including bili not limited to the risk of breach of security, the risk of exposure to computer viruses and the risk of interception, distortion, or loss of communications. Client assumes these risks knowingly and voluntarily and indemnifies and holds Brycer harmless from all liability from all such risks. Not in limitation of the foregoing, Client hereby assumes the risk, and Brycer shall have no responsibility or liability of any kind hereunder, for: (1) errors in the Solution resulting from misuse, negligence, revision, modification, or improper use of all or any part of the Solution by any entity other than Brycer or its authorized representatives; (2) any version of the Solution other than the then -current unmodified version provided to Client; (3) Client's failure to timely or correctly install any updates to the Client Access Software; (4) problems caused by connecting or failure to connect to the Internet; (5) failure to provide and maintain the technical and connectivity configurations for the use and operation of the Solution that meet Brycer's recommended requirements; (G) nonconfonnities resulting from or problems to or caused by non-Brycer products or services; or (7) data or data input, output, accuracy, and suitability, which shall be deemed under Client's exclusive control. htdenutity. Brycer (the "Indemnifying Party") will defend and indemnify the non -indemnifying parry against any damages, losses, liabilities, causes of action, costs or expenses (including reasonable attorneys' fees) arising from the Indemnifying Party's breach of this Agreement, gross negligence or intentional misconduct. Client will hold Brycer harmless against any damages, losses, liabilities, costs or expenses, claims, demands, suits or proceedings made or brought against Brycer by a third party in connection with Client's or an Authorized User's use of the Solution, or any action or inaction taken by a third party, including, but not limited to, third party inspectors, in connection with such third party providing services for Client or otherwise at Client's or an Authorized User's request or direction. 12. Breach. Brycer shall have the right to terminate or suspend this Agreement, and all of Client's rights hereunder, immediately upon delivering written notice to Client detailing Client's breach of any provision of this Agreement. If Client cures such breach within 5 days of receiving written notice thereof, Brycer shall restore the Solution and Client shall pay any fees or costs incurred by Brycer in connection with the restoration of the Solution. 13. Illegal Payments. Client acknowledges and agrees that it ]las not received or been offered any illegal or improper bribe, kickback, payment, gift or anything of value from any employee or agent of Brycer in connection wilh the Agreement. 14_ Beneficiaries. There are no third party beneficiaries to the Agreement. 15. Force Maieure. Neither party shall be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, blackouts, accidents, or strikes. In the event of any such delay, any applicable period of time for action by said party may be deferred for a period of time equal to the time of such delay. postage prepaid, to the last known address of each party, three business days after mailing; or (d) if delivered to a nationally recognized overnight courier service, one business day after delivery. 17. Assignment. The Agreement may not be assigned or transferred by of her parry without the prior written consent of ate odtcr and any purported transfer in violation or this section shall be null and void. The Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective successors and representatives. 18. JURISDICTION AND VENUE. THE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, AND FNFORC'I'ABII1 CNDI'K THE LAWS OI� THE STATE Ol• ILLINOIS APPLICABI.1. TO CONTRACTS MADE IN ILLINOIS AND'1't[Al" ARL TO BE WHOLLY PERFORMED IN ILLINOIS WITHOUT REFERENCE TO THE CHOICE -OF -LAW PRINCIPLES OF ILLINOIS. THE PARTIES IRREVOCABLY AGREE'1'1-IAT ALL AC'T'IONS Olt PROCEEDINGS IN ANY WAY, MANNER OR RESPECT ARISING OUTOI, OR FROM OR RCLATED TO TIME AGREEMENT SHALT. 131: LITIGAfI'D ONLY IN COURTS LOCA'T'ED WITHIN 1111. CI t Y OI• CHICAGO, STATE OF ILLINOIS. THL PARTIES I IfiRtiBY CONSENT AND SUBMIT TO Ti-tc EXCLUSIVE JURISDICTION OF ANY LOCAL, STATE OR FEDERAL COURT LOCATED WITHIN SAID CITY AND STATE. THE PARTIES HEREBY WAIVE ANY RIGi•fTS THEY MAY HAVE TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PARTIES WAIVE ANY RIGI.IT TO 'TRIAL BY JURY ON ANY ACTION OR PROCEEDING TO ENFORCE Olt DEFEND ANY RIGHTS UNDER THE AGREEMENT, AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. 19. Attorney' Fees. The prevailing party in any proceeding in connection with the Agreement shall be entitled to recover from the non -prevailing party all costs and expenses, including without limitation, reasonable attorneys' and paralegals' fees and costs incurred by such party in connection with any such proceeding. 20. Entire ._ Agreement. The Agreement sets out the entire agreement between the parties relative to the subject matter hereof and supersedes all prior or contemporaneous agreements or representations, oral or written. 16. Notices. All notices required in file Agreement shall be 22 effective: (a) if given personally, upon receipt; (b) if given by facsimile or electronic mail, when such notice is transmitted and confirmation of receipt obtained; (c) if mailed by certified mail, 1180293/4/13399.000 Amendment, 'file Agreement may not be altered or modified, except by written amendment which expressly refers to the Agreement and which is duly executed by authorized representatives of both parties. The waiver or failure by either party to exercise or enforce any right provided for in the Agreement shall not be deemed a waiver of any further right under the Agreement. Any provision of the Agreement held to be invalid under applicable law shall not render the Agreement invalid as a whole, and in such an event, such provision shall be interpreted so as to best accomplish the intent of the parties within the limits of applicable law. 'file Agreement may be executed by facsimile and in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Expiration. The rights and obligations contained in these Terms and Conditions shall survive any expiration or termination of the Agreement. Exhibit B Maintenance Schedule and Minimum Service Levels Uptime and: Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5% of the time or better and Developer shall use reasonable efforts to provide Recipient with advance notice of any unscheduled and scheduled downtime. 2. Response Time. Developer shall respond to telephone calls from Client within two hours of the call and/or message and all emails from Recipient within two hours of the receipt of the email. Customer Support Customer support hours are 24/7/365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative with direct access to their email and work number. Customer support is provided to the Client at no charge. 1180293/4113399,000 Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: CD - OVERLAND ROAD ACCESS MANAGEMENT Community Development: Overland Road Access Management/Curbing West of Meridian Road MEETING NOTES im 0.-" V�&4 1/�-- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS February 5, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager Ck RE: Transportation Update, February 2014 February 11, 2014 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple of months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the February 11th workshop to discuss some of these projects in more detail, but Staff does not intend on mentioning all of these projects during the meeting. Instead, please feel free to contact staff should you have any comments, concerns, or questions on any of these projects before, during, or after the workshop. KEYACHD CONSTRUCTION PROJECTS: Ustick/Locust Grove and Ustick, Locust Grove to Leslie: C&A Paving was awarded the construction contract by ACRD. These projects are being constructed. Project should be complete in the Summer of 2014. Chinden and Ten Mile Intersection: Project includes installation of new 3 -leg signal and widening of all three legs for turn lanes. Power relocation and irrigation on west side of Ten Mile, storm drain, and improvement of two irrigation crossings under Ten Mile, are also part of the scope. Anticipated start of January/February — project is associated with new Wal-Mart at McMillian and Ten Mile. Ten Mile, Cherry to Ustick: This roadway widening project is designed. Construction is scheduled for FY2015 (NTP 11/13/2014). Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org Page 2 Ten Mile/Overland Park and Ride Lot: ACHD is designing a park and ride lot near the t southeast corner of Ten Mile/Overland. The City's Planning & Zoning Commission approved the project in January. This project should go into construction in 2014. Pedestrian Projects: • Linder Rd and W. Divide Creek — Installation of a Pedestrian Hybrid Beacon — Notice to Proceed (NTP) 1/8/2014 • Cherry Lane and Todd Way - Pedestrian Hybrid Beacon. NTP 2/27/2014 • Linder Rd - Waltman St to Pintail Dr — Sidewalk installation on west side of Linder. NTP 4/23/2014 • 2695 McMillan Rd- Sidewalk gap project. NTP 5/13/2014 • Pine Ave, New Haven PI to Rotan Ave — Sidewalk installation on Pine, near Meridian High. NTP 5/29/2014 KEYACHD DESIGN AND STUDY PROJECTS Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in FY16 with the Franklin/Black Cat intersection. As part of the scoping of this project, the City requested detached sidewalks, a center median, and lighting be included with the project. (The ACHD Commission will discuss this project, specifically the medians in front of Ten Mile Christian Church, on February 5t". Staff will update the Council on the ACHD action during the workshop.) f Ustick Corridor: There are several projects in the design and right-of-way phases along Ustick Road. There are plans to design and construct projects at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. McMillan, Locust Grove to Eagle: This project will widen McMillan Road to five lanes, with curb, gutter, sidewalk and bike lanes. It is being designed by ACHD and is at 95%. This project is currently planned for construction in FY2015. E. P Street Extension: When ACHD recently adopted the 2014-2018 Integrated Five Year Work Plan, E. 3rd Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project won't be constructed for a while (it is in PD) but some scoping for the project design should occur this year. Fairview Corridor: Over the past several years ACHD has embarked on a number of efforts to plan for and address long-term safety and efficiency considerations on the Fairview Avenue corridor. Last year, ACHD brought in an out of area consultant specializing in this sort of corridor study, and involved key stakeholders through the formation of a Steering Committee and a Project Team. The Steering Committee and Project Team comprised of the consultant and staff from ACHD, Meridian, and Boise, worked to identify existing and future threats to the corridor. This study proposes a phasing plan which begins in Boise, the area with the highest congestion and with the most consistent traffic incidents occurring, where there is the most need for improvements will be addressed first. While this plan outlines strategies for phase one, it does not provide a design for it. Instead the plan outlines preferred strategies, and Page 3 then details requirements for the strategies. Additional public involvement, further review by ACHD Commission and then additional analysis after construction will be done. If something is not working or negative impacts are severe, changes can be made, and subsequent phasing able to adapt to post construction alterations and lessons learned. The ACHD Commission will consider adoption of the plan during their February 26th meeting. Staff will seek Council support of this plan through an amendment to the City's Comprehensive Plan later this year. ITD PROJECTS Meridian Road Interchange (IC): Preliminary construction has begun. Culverts were widened over the Ten Mile Creek at Meridian Road and 1-84 recently. Sewer work in the area is currently underway. The IC and 1-84 mainline widening are currently out to bid; bid opening scheduled for February 28th. Construction is anticipated to start in April, 2014. The City will be installing some aesthetic improvements (eg — landscaping and barrier rail art, etc.). SH -55 (Eagle Road): Work will begin this fiscal year to add an additional southbound lane to Eagle Road, between River Valley and 1-84. There are actually two projects: Franklin to 1-84, Key #13473 and River Valley to Franklin, which is being done by The Village developer. Portions of sidewalk, a designated right -turn lane onto westbound I- 84, and other related improvements will be included. RAIL WITH TRAIL Crossing Study: In the fall of 2012, the City applied for an $85,000 grant to study the Rail with Trail (RWT) pathway crossing of streets (7 crossings, Black Cat to Locust Grove). On February 4th, the Council approved the contract with PEC to do the technical analysis of the pathway -street crossings. PEC and City Staff are coordinating the project kick-off meeting with stakeholders (UPRR, ACRD, Operation Lifesaver, etc.) The goal is to have the study complete by July 1St. The City also applied for design and construction grant money. Currently, there are $75,000 in FY2015 for design and $500,000 in FYI and FYI for construction in the Regional Transportation Improvement Plan (TIP). MERIDIAN TRANSPORTATION COMMISSION Roadway, Intersection and Community Program Priorities: The Meridian Transportation Commission (TC) is currently working on developing roadway, intersection and community program project priority lists. These lists of priorities should be ready for Council review in mid-March or April. Overland Road Center Curbing (Medians): During the January Transportation Commission meeting, the TC discussed the existing center median in Overland Road, between Meridian Road and Stoddard Road. The Commission voted to recommend that the City Council engage ACHD on this topic, asking them to consider modification to the center median near the "main" entrance to Wal-Mart. Although not part of the official motion, the Commission seemed to favor modifying the Wal -mart access to be a left-in/right-in/right-out like the one at Wahooz/Pinz. Page 4 City Staff has received several correspondences from Wal-Mart patrons, homeowners in the area, and business representatives that have concerns with the traffic flow in this area. There are a couple of issues that City Staff is aware of regarding traffic patterns in this area. First, the patrons and businesses in this area have complained about the situation with access. Wal-Mart patrons have complained that they have had to go around the store to get there (the dominant direction of travel is west, from Meridian Road.) While you can access Wal-Mart from the signal at Lowes/Roaring Springs, first- time patrons don't know it until too late. Coming from the east, there are (more or less) two ways to get to Wal-Mart: the existing signal at Lowe's and the south driveway off of Stoddard. A lot of drivers are probably seeing Wal-Mart in the distance and think they will have a driveway somewhere after the Lowe's signal on Overland. That's not the case, which is when they turn left onto Stoddard then left into Wal-Mart property. This driveway does bring patrons pretty close to the front entrance, albeit in a roundabout fashion. Further, the ingress/egress at the entertainment park across Overland Road is causing maneuvering through parking lots and drive aisles to get to the signal. These parking facilities were not designed with that traffic pattern in mind, and a safety concern has been raised with speeding through a parking lot with many children present. Also, the neighbors in Bear Creek, just south of Wal-Mart are complaining that a large amount of traffic is using Stoddard to access Wal-Mart. The use of Stoddard causes vehicles to go close to residential back yards. There have been complaints about motorcycles, motorhomes, loud music, etc. There have also been complaints about motorists making u -turns in Stoddard to go back to Overland Road. Some near misses (no crashes reported) were also brought up due to this maneuvering. Speeding down Stoddard is also a complaint staff has heard. As part of ACHD's approval, access management (medians) was conditioned for Wal- Mart. Access management has significant benefits in terms of crash reduction and improved traffic flow. That being said, before the TC meeting City Staff reached out to ACHD Staff to see what might be done to improve this current situation. When City Staff initially contacted ACHD Staff, Wal-Mart had not been open very long and ACHD wanted to give it a little more time so traffic patterns could really be established. Staffs discussed some directional signs at/near the signalized intersection at Lowes. City Staff also asked/discussed if ACHD would consider modifying the median in front of the main Overland access to Wal-Mart to be a right-in/right-out/left-in (3/4 access), to match what is going on across the street at Wahooz. ACHD is/was hesitant to put up signs on a signal mast arm for a private business (outside of construction purposes they try to avoid advertising business.) Further, this situation does not fit the description contained in the ACHD policy for guide sign warrants. ACHD instead proposed some sort of monument sign that might be placed near the Lowes entrance. Regarding the potential modification to the center median, because it was a condition of development ACHD staff cannot make changes at this time (it would require ACHD Commission approval.) Staff would like the Council to discuss the access/median situation on Overland between Meridian and Stoddard and determine if it appropriate to ask the ACHD Commission to evaluate/take action on median modification in this area. Other: Over the past couple of months, the TC has also discussed center medians, cut - through issues and potential seatbelt legislation. The Chair of the TC, Ryan Lancaster, will be giving the Council an annual report at one of the upcoming Council meetings. Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: CD - DISCUSS PROTOCOL FOR REQUESTS TO CONTINUE P/H Community Development: Discuss Protocol for Requests to Continue Public Hearing Items 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 Mayor Tammy de Weerd City Council Members: E IDIAN �� Keith Bird Joe Borton Luke Cavener Genesis Milam ,- Charlie Rountree David Zaremba A l Memo February 11, 2014 TO: Mayor and City Council FROM: Justin Lucas, Planning Supervisor RE: Procedures for requests to continue public hearing applications Purpose The purpose of this memo is: 1) to review the current process by which public hearing applications are continued from a scheduled hearing date; and 2) present some potential changes to how the City Council considers request for continuance during City Council meetings. Background The majority of action items that the City Council considers at weekly public hearings are land use applications (preliminary plats, rezones, annexations, etc.). On occasion the applicant, or another interested party for a public hearing, requests that the project be continued to a subsequent City Council meeting. Typically, staff receives these requests in writing from the applicant/requestor and forwards them to the City Council for consideration. The reasons provided for a continuance request vary but some examples include: travel out of town, working with neighbors to resolve an issue, and making revisions to an application. ACHD will also occasionally request continuance of a project so they can provide the City with their final action. Typically, the City Council grants an applicant's request to continue items and announces that the project will be continued during the discussion of the agenda at the beginning of the meeting. This usually occurs very quickly and with no discussion from the Council as to whether continuance is appropriate or not. When ACHD or another interested party requests continuation the staff recommendation (and Council action) for continuance varies. Issues and Concerns Land use applications often receive interest from neighboring property owners and other members of the public. It is not uncommon for a large group of interested citizens to attend a public hearing and speak on an application. Hearing dates are scheduled 3-4 weeks in advance and multiple forms of notice are provided to the public to make them aware of the public hearing. Only the City Council can continue a public hearing. Because staff and the applicant cannot modify the notices until the City Council grants the applicants request for continuance citizens will often attend a public hearing for applications that may be continued. Periodically staff will receive complaints from members of the public related to the continuance process. The following complaints/concerns are typically sighted: 1) time and effort required to attend public meetings; 2) unavailable to attend the meeting on the date the item is continued to; and 3) applicants use continuance to reduce members of the public at the meetings. Staff Recommendation Staff recognizes the concerns raised and proposes the following procedures for City Council review of requests to continue a public hearing item: 1. Staff will ensure that the City Council receives requests for continuance that include a clear reason from the applicant/requestor for why the item needs to be continued. 2. During the discussion of the agenda the City Council should consider the request and address the audience to determine if any members of the public are present to speak to the application. 3. If no members of the public are present the City Council should act on the request. 4. If members of the public are present the City Council should follow the following process: a. Acknowledge the effort it takes to attend a public hearing. b. Explain the reason for the continuance and state the requested new public hearing date: c. Ask if any members of the audience cannot attend the new public hearing date and explain that they can submit their comments in writing. d. In some situations the Council may want to consider taking public testimony on an item even if a request for continuance has been received. In these cases the Council should consider the following: i. Having the applicant available for rebuttal of the public testimony is part of the public hearing process. If possible, oral testimony should be avoided if the applicant is not present. ii. Taking staff, applicant, and/or public testimony provides the Council with the "full picture" and helps them to make an informed decision. If public testimony is received prior to the staff and applicant presentations it can make the record problematic. Staff believes that this enhancement to the process will help the public understand why applications are being continued and help to emphasize the importance of public testimony and the effort it takes to attend meetings. It also can allow for members of the public to address the Council should they not be able to attend in person at the next meeting. In general Staff is supportive of legitimate applicant requests to continue public hearing items. Requests from other parties or partner agencies are less straight forward and require Staff to seek Council direction. If the City Council accepts this overall process Staff will share this direction with the Planning and Zoning Commission so they can act in a consistent manner. Jacy Jones prom: Jaycee Holman ;nt: Friday, February 07, 2014 4:48 PM To: Jacy Jones Subject: FW: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive Can you please add this as part of the public record for item 7F? Thanks. Jaycee L. Holman Information Services Director City Clerk City of Meridian (208) 888-4433 iholman(o)meridiancity.org From: Peggy Gardner Sent: Friday, February 07, 2014 4:19 PM To: terry veis Cc: mayortammy; Ed and Pat Brown; Philip Zaluska; Jaycee Holman; Charlie Rountree; David Zaremba; Genesis Milam; Joe Borton; Keith Bird; Luke Cavener Subject: RE: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive Dear Mr. & Mrs. Veis: "-)ur email has been received by the Mayor's Office. Thank you for taking time to let us know of your concerns garding hearing continuance. This will be discussed at the next Council Workshop on Tuesday, February 11. This is a link to the agenda http://meridiancity.oriz/uploadedFiles/Departments/City Clerk/City Council Meetings/2014/Avendas/2 014-02-1 l%20Final.pdf. It is listed as item # 7 F. I will also forward your email to Council members and the City Clerk as part of the public record. Your comments are appreciated. The workshop is also live streamed from our website http://www. me ridiancity.org/livestream/ if you are unable to attend but would like to hear the discussion. Thanks again, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: terry veis [mailto:terryveis@yahoo.com] "ent: Thursday, February 06, 2014 11:46 AM mayortammy; Ed and Pat Brown; Philip Zaluska Subject: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive Dear Mayor, This re -zone was approved. First of all I would like to thank you for pointing out to the council members, that a four-plex in this location could be dangerous for any children that might occupy units this structure. I feel that there is a strong possibility that families will occupy the units in this four- plex even though the square footage is said to be approximately 1,000 sf per unit. I don't understand the point of a Planning and Zoning Commission if the recommendation made by the commission is overlooked as it was by the City Council. The Planning and Zoning Commission recommended denial of the re -zone. It was my understanding that the City Council was asked by the proponents of the re -zone to approve a continuation of the hearing from January 21 to January 28. It was explained to me at City Hall that a continuation would be voted upon at the January 21 meeting. Obviously the proponents of this re -zone knew something ahead of time because prior to the meeting they notified our subdivision that the hearing was continued until January 28 and posted the change on the signs on the vacant lot. Residents of our subdivision showed up for the Jan. 21 meeting just in case the hearing was not continued. The proponents did not attend the meeting, thus indicating that they had their answer on the continuance beforehand. Not ethical in my opinion. I took the liberty of taking a photo of the pre- mature posting on the sign on the lot. The home that is next door to the vacant lot was purchased a short time ago by parties that plan to make it their residence. They are remodeling and will have this home looking sharp fairly soon. In the past that home was used as a duplex... numerous people lived there, coming and going at all times of day and night and causing problems in our common area as well as entering open garages and attempting to enter our clubhouse We have already dealt with the problem of short term renters at the entrance of our subdivision and it is not a problem we want to deal with again. However, the likelihood is strong that we will have to deal with it over and over. Iso, the property values have been rising in our area..... slowly, but continuing to rise. With the re- zone and a four-plex at our entrance I feel that our property values are not going to increase and will probably drop. The homes in Tiburon Meadows and our nice little area are likely to suffer and that is not why the residents, mostly Senior Citizens reside here. Sincerely, Terry and Peggy Veis 1253 North Victor Way ... Tiburon Meadows Subdivision Meridian, Idaho 83642 Jacy Jones Crom: Jaycee Holman mt: Friday, February 07, 2014 5:00 PM To: Jacy Jones Cc: Peggy Gardner Subject: RE: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive This is the discussion on the public noticing process. I think they wanted to comment on that. Peggy spoke to them for quite awhile about it. Peggy, they just wanted to give their comments about the process of continuing projects, not the general project itself, right? Jaycee L. Holman Information Services Director City Clerk City of Meridian (208) 888-4433 jholman@meridiancity.org From: Jacy Jones Sent: Friday, February 07, 2014 4:52 PM To: Jaycee Holman Subject: RE: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive One little snag ... that item was not continued. It was approved. Findings are scheduled for approval on Tuesday. aey Jones Senior Deputy City Cleric City of Meridian ii onesPmeridiancitv.ore 208-888-4433 ext. 1393 From: Jaycee Holman Sent: Friday, February 07, 2014 4:48 PM To: Jacy Jones Subject: FW: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive Can you please add this as part of the public record for item 7F? Thanks. Jaycee L. Holman information Services Director City Clerk City of Meridian (208)888-4433 iholma n ftmeridiancity.org From: Peggy Gardner Sent: Friday, February 07, 2014 4:19 PM To: terry veis -: mayortammy; Ed and Pat Brown; Philip Zaluska; Jaycee Holman; Charlie Rountree; David Zaremba; Genesis Milam; joe Borton; Keith Bird; Luke Cavener Subject: RE: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns... located 3150 W. Sheryl Drive Dear Mr. & Mrs. Veis: Your email has been received by the Mayor's Office. Thank you for taking time to let us know of your concerns garding hearing continuance. This will be discussed at the next Council Workshop on Tuesday, February 11. This is a ,ok to the agenda http://meridiancity.org/ui)loadedFiles/Depaitments/City Clerk/City Council Meetings/2014/A end das/2 014-02-11%20Final.pdf. It is listed as item # 7 F. I will also forward your email to Council members and the City Clerk as part of the public record. Your comments are appreciated. The workshop is also live streamed from our website http://www.meridiancity.org/livestream/ if you are unable to attend but would like to hear the discussion. Thanks again, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broa dway A ven u e Meridian, ID 83642 Phone 489-0529 From: terry veis [mailto:terryveis@yahoo.com] Sent: Thursday, February 06, 2014 11:46 AM mayortammy; Ed and Pat Brown; Philip Zaluska abject: RZ 13-017 Sheryl 4-Plex by 3TC Inc. or Assigns... located 3150 W. Sheryl Drive Dear Mayor, This re -zone was approved. First of all I would like to thank you for pointing out to the council members, that a four-plex in this location could be dangerous for any children that might occupy units in this structure. I feel that there is a strong possibility that families will occupy the units in this four- plex even though the square footage is said to be approximately 1,000 sf per unit. I don't understand the point of a Planning and Zoning Commission if the recommendation made by the commission is overlooked as it was by the City Council. The Planning and Zoning Commission recommended denial of the re -zone. It was my understanding that the City Council was asked by the proponents of the re -zone to approve a continuation of the hearing from January 21 to January 28. It was explained to me at City Hall that a continuation would be voted upon at the January 21 meeting. Obviously the proponents of this re -zone knew something ahead of time because prior to the meeting they notified our subdivision that the hearing was continued until January 28 and posted the change on the signs on the vacant lot. Residents of our subdivision showed up for the Jan. 21 meeting just in case the hearing was not continued. The proponents did not attend the meeting, thus indicating that they had their answer on the continuance beforehand. Not ethical in my opinion. I took the liberty of taking a photo of the pre- mature posting on the sign on the lot. The home that is next door to the vacant lot was purchased a short time ago by parties that plan to make it their residence. They are remodeling and will have this home looking sharp fairly soon. In the past that home was used as a duplex... numerous people lived there, coming and going at all .nes of day and night and causing problems in our common area as well as entering open garages and attempting to enter our clubhouse We have already dealt with the problem of short term renters at the entrance of our subdivision and it is not a problem we want to deal with again. However, the likelihood is strong that we will have to deal with it over and over. 'Iso, the property values have been rising in our area..... slowly, but continuing to rise. With the re- / -one and a four-plex at our entrance I feel that our property values are not going to increase and will probably drop. The homes in Tiburon Meadows and our nice little area are likely to suffer and that is not why the residents, mostly Senior Citizens reside here. Sincerely, Terry and Peggy Veis 1253 North Victor Way ... Tiburon Meadows Subdivision Meridian, Idaho 83642 Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. 19 " 15H : An Ordinance (RZ 13-015 - Solterra) For The Re -Zone Of A Parcel Of Land Located In The Southwest'/4 Of The Southeast 1/4 Section 05, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establish -ging And Determining The Land Use Zoning Classification Of L -O (Limited Office) Zoning District To The C -G (General Retail And Service) (2.39 Acres), L -O (Limited Office) (9.04 Acres) And R-15 (Medium High Density Residential) (11.18 Acres) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Chrlslopher D. Rleh AMOUNT .00 BOISE IDAHO 02/14114 10:39 AM DEPUTY RECORDED a1REarren QUESTOF ridian Cily 114011561 CITY OF MERIDIAN ORDINANCE NO. S BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 13-015 — SOLTERRA) FOR THE RE -ZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST '/a OF THE SOUTHEAST % SECTION 05, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF L -O (LIMITED OFFICE) ZONING DISTRICT TO THE C -G (GENERAL RETAIL AND SERVICE) (2.39 ACRES), L -O (LIMITED OFFICE) (9.04 ACRES) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) (11.18 ACRES) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Capital Christian Center, SECTION 2. That the above-described real property is hereby re -zoned from the L -O (Limited Office) zoning district to the C -G (General Retail and Service) (2.39 acres), L -O (Limited Office) (9.04 acres) and R-15 (Medium High- density Residential) (11.18 acres) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE -ZONE ORDINANCE — RZ 13-015 SOLTERRA Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this da of f y , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2014. MAYOR MY de WEERD ATTEST: L. HOLMAN, CITY CLERK �+o PSEll I 9Gv� :>'�City of /rE IlZ DIA j SE_U TRE RE -ZONE ORDINANCE — RZ 13-015 SOLTERRA Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this I � day of ��AU 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TY de WEERD and JAYCEE L. HOLMAN known 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. , 301 sees. • t ry Publi for Idaho log• Residing At: iL-Q�r( (QV -t ((� My Commission Expires: `) a n q")o P,' RE -ZONE ORDINANCE — RZ 13-015 SOLTERRA Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR ZONE C -G A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South line of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 891,48163" West with the distance between monuments found to be 2643.98 feet. COMMENCING at the South 114 corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence along the South line of the Southwest 1/4 of the Southeast 1/4 of Bald Section 5, South 89048163" East a distance of 909.17 feet to the centerline of North Hickory Way also being the POINT OF BEGINNING; thence leaving said South line, and along said centerline, North 0002446" East a distance of 77.86 feet; thence continuing along said centerline along a curve to the left with a radius of 180.00 feet and a central angle of 26°04155" an are length of 81.94 feet with a chord bearing of North 12°3743" West, and a chord distance of 61.23 feet; thence leaving said centerline, North 72065'47" East a distance of 71.79 feet; thence along a curve to the right with a radius of 140.00 feet and a central angle of 17004113" an arc length of 41.71 feet with a chord bearing of North 81 °27'64" East, and a chord distance of 41.56 feet; thence North 90°00'00" East a distance of 87.47 feet; thence along a curve to the left with a radius of 60.00 feet and a central angle of 89005'66" an arc length of 77.75 feet with a chord bearing of North 45027'03" East, and a chord distance of 70.15 feet; thence North 00054105" East a distance of 63.76 feet, thence along a curve to the right with a radius of 60.00 feet and a central angle of 89°3144" an are length of 78.12 feet with a chord bearing of North 45039'42" East, and a chord distance of 70.41 feet; thence South 89°34'41" East a distance of 134.76 feet to the East line of said Southwest 1/4 of the Southeast 1/4; thence along said East line, South 00031107" West a distance of 336.89 feet to the Southeast corner of said Southwest 1/4 of the Southeast 1/4; thence along said South line, North 89048'63" West a distance of 412.90 feet to the POINT OF BEGINNING. Sald parcel containing 104,245 square fe( Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 Solterra — RZ 13-005 EXHIBIT A LEGAL DESCRIPTION FOR ZONE R-15 A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South line of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 69°48153" West with the distance between monuments found to be 2643.98 feet. COMMENCING at the South 1/4 corner of Section 5, Township 3 North, Range 1 East, Boise Meridian; thence along the South line of the Southwest 1/4 of the Southeast 1/4 of said Section 6, South 89.48153" East a distance of 1,322.07 feet to the Southeast corner of said Southwest 1/4 of the Southeast 114; thence along the East line of said Southwest 1/4 of the Southeast 1/4, North 00°31'07" East a distance of 740.42 feet to the POINT OF BEGINNING; thence leaving said East line, North 89044'36" West a distance of 876.55 feet; thence from a tangent which bears South 04°28'00" East, along a curve to the right with a radius of 200.00 feet and a central angle of 35050'05" an arc length of 125.09 feet with a chord bearing of South 13°27'03" West, and a chord distance of 123.06 feet; thence South 31 °22'05" West a distance of 37.89 feet to the centerline of North Hickory Way; thence along said centerline, along a curve to the left with a radius of 400.00 feet and a central angle of 05.27'19" an arc length of 36.08 feet with a chord bearing of North 61021134" West, and a chord distance of 38.07 feet; thence leaving said right-of-way and along the boundary of Dove Meadows Subdivision No. 1, North 1 i °69'64" East a distance of 387.84 feet; thence along the boundary of Dove Meadows Subdivision No.2, North 46°6244" East a distance of 160.00 feet; thence continuing along sold boundary, North 00627'36" East a distance of 219.97 feet to the boundary of Packard Subdivision NoA; thence along said boundary, South 89.4436" East a distance of 773.40 feet to the Southeast comer of Packard Subdivision No.4 also being the Northeast comer of the Southwest 1/4 of the Southeast 1/4 of Section 6; thence along the East line of said Southwest 1/4 of the Southeast 1/4, South 00°31'07" West a distance o(670.45 feet to the POINT OF BEGINNING. Said parcel containing 487,079 square fee' Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83661 (208) 465-6687 Solterra — RZ 13-005 EXHIBIT A LEGAL DESCRIPTION FOR ZONE L-0 A parcel of land located In the Southwest 1/4 of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South line of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 89048'63" West with the distance between monuments found to be 2643.98 feet. COMMENCING at the South 1/4 corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence along the South line of the southwest 1/4 of the Southeast 1/4 of said Section 6, South 89°48'63" East a distance of 1,322.07 feet to the Southeast corner of said Southwest 1/4 of the Southeast 1/4; thence along the East fine of said Southwest 1/4 of the Southeast 1/4, North 00.31'07" East a distance of 336.89 feet to the POINT OF BEGINNING; thence leaving said East line, North 89°34'41" West a distance of 134.76 feet; thence along a curve to the left with a radius of 60.00 feet and a central angle of 89031'14" an arc length of 78.12 feet with a chord bearing of South 46039142" West, and a chord distance of 70.41 feet; thence South 00064105" West a distance of 53.76 feet; !hence along a curve to the right with a radius of 50.00 feet and a central angle of 89°05'55" an arc length of 77.75 feet with a chord bearing of South 45°27'03" West, and a chord distance of 70.16 feet; thence North 90900'00" West a distance of 87.47 feet; thence along a curve to the left with a radius of 140.00 feet and a central angle of 17004113" an arc length of 41.71 feet with a chord bearing of South 81 02764" West, and a chord distance of 41.66 feet; thence South 72°6547" West a distance of 71.79 feet to the centerline of North Hickory Way; thence along said centerline the following five(b) courses: alonan arc length of 118.64 feeta curve to the lw with a chord bearingwith a radius of 80,00 feat and a of North 44'33'04"ntral West,ra d le chord 6distance of 116.60 feet; North 63.25158" West a distance of 136.49 feet; along a curve to the right with a radius of 180.00 feet and a central angle of 24.40'05" an are length of 77.50 feet with a chord bearing of North 61'05'66" West, and a chord distance of 76.90 feet; North 38045'63" West a distance of 192.86 feet; along a curve to the left with a radius of 400,00 feet and a central angle of 19°52'02" an aro length of 138.70 feet with a chord bearing of North 48°41'54" West, and a chord distance of 138.01 feet; thence leaving said centerline, North 31.22'05" East a distance of 37.89 feet; thence along a curve to the left with a radius of 200.00 feet and a central angle of 35°60'05" an arc length of 126.09 feet with a chord bearing of North 13027'03" East, and a chord distance of 123.06 feet; thence South 89°44'36" East a distance of 876.65 feet to said East line,, thence South 00.31`07" West a distance of 403.53 feet to the POINT OF BEGINNING. Said parcel containing 393,834 square feet or 9.04 acres. Russell E. Badgley, P,L,S. 12468 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83661 (208) 465.6687 Solterra - RZ 13-005 NOW 27' 36"E N46'62'44"6- EXHIBIT B _ _ „—, 88a#44'38"-7714000 1" CMOT" tMM PARR OKTA WWn ftm Haar n'Wa N$I,Wsyw TIRO' laov H'{0W 83rOrH'R T41j"Wel" = 200' r►Y Irur {000e' 3r1fY1' N511M 4IAP mw *$WW Nirir{YW ' utir Q y IM" HOW 3IVr{r a.er IIOAr N Wo"w 131,Tb {eaoC laam' »Ar NLOP NA•{rHW uor 400w rzrw 19- uor mr:r11 3soa now xwor 4W 133Ar Nlroraa 11.1'P f0w I?W4' IIAP 4f ul•irt3'w Ildr so" M•03:t' NS mtP N{rtrext rO,Ir fox 0'711N' {ur 10A1' Nr3r{2W ' XON -NR ff 487,079 sq,fl. I 11.18 ec. 1'22bb'E • 37.89' '� c� 4 ZONEL-O 393,834 sq.fl. t 0.0400. o+ N38' X16' 63V • 1az 86' w P? 88D'34'41'E' N80'6405'E '. 134.78' 63Jb' �► WO'OD'00'W N63':61681W-136,48' 4 87.41' co g 72'5647'W ZONE" 71,79 104,246 sq.#. 2.39so, NOW 24'4518 - 74861 9. FAIRVIRW AVS. 909.1r N89.48163V . 2843.88' 8Ai/6 OF ILAR/NQ �► //� /' o ,� SOLTERRA SUBDIVISION Boa �op� REZONE IL DISPLAY MAP SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, 0,M. Solterra — RZ 13-015 Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 9 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 11, 2014 ITEM NUMBER: 10A ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1) (c) (f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation 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