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2018-11-13
E IDIAN UAHC City Council Workshop Meeting Agenda City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 13, 2018 at 3:00 PM Roll -Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam 0 Juke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of Agenda 4. Amended onto agenda: Executive Session per Idaho State Code 74-206()1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent Into Executive Session at 3:03pm Out of Executive Session at 3:45pm 5. Proclamation A. James Chad Register Pancreatic Cancer Awareness Day 6. Consent Agenda Approved A. Approve Minutes of November 7, 2018 City Council Special Meeting B. Findings of Fact, Conclusion of Law for Smith Rezone (H- 2018- 0097) by Scott Smith, Located at 1321 and 1323 Main St. C. Findings of Fact, Conclusions of Law Revised for Costco Wholesale Store (H-2018-0066) by Costco Wholesale, Located at the SW corner of W. Chinden Blvd./SH- 20126 and N. Ten Mile Road D. Development Agreement for Zimmerman Auto Body (H-2018- 0029) with Brian Zimmerman located at 1775 W. Pine Ave., in the northeast 1/4 of Section 11, Township 3 North, Range 1 West. (Parcel#S1211417501, S1211417515, S1211417523) E. Impact Fee Assessment and Deferral Agreement between City of Meridian, Ada County Highway District and Compass Public Charter School, Inc. F. Agreement with Kathy Drury -Bogle for Human Resources Consulting G. Memorandum of Agreement for Concerts on Broadway with Meridian Development Corporation for Not -to -Exceed $10,OOOMemorandum of Agreement for Contribution from Meridian Development Corporation to Traffic Box Community Art Project for Not -to -Exceed $5,000 H. 2019-2020 Meridian Main Street Market Event Coordination Services Agreement between City of Meridian and Plum Unique Events LLC Not to Exceed $10,000 I. AP Invoices for Payment 11/14/18 - $1,045,005.77 7. Items Moved From the Consent Agenda 8. Action Items A. Continued from November 7, 2018: Findings of Fact, Conclusion of Law for Owyhee High School (H- 2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. Approved 9. Community Items/Presentations A. Transportation Commission Recommendations: Residential Parking Districts and Compression Brake Ordinance 10. Department Reports A. Fire Department Annual Report B. Quarterly Finance Update C. Information Technology: Security Awareness Training D. Mayor's Office: Ordinance No. 18-1796: An Ordinance Amending Title 1, Chapter 8, By Adding Article E: City Human Resources Director And Sections; 1-8E-1: Appointment; Term Of Office; And 1-8E-2: Duties [Action Item] Approved E. Mayor's Office: Appointment of Crystal Ritchie as Human Resources Director [Action Item] Approved F. Benefits Committee Presentation G. Council: Commission and Board Updates 11. Ordinances [Action Items] A. Ordinance No.18-1794: An Ordinance (H-2016-0065— Laurel Townhouses) For The Re -Zone Of Parcel Of Land Located In Gramercy Subdivision No.1 As Filed In Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho, Located In The SW'/4 Of The NE'/4 Of Section 20, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From TN -R (Traditional Neighborhood Residential) To R-15 (Medium - High Density Residential) Zoning Districts 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. Approved B. Ordinance No. 18-1795: An Ordinance (H-2018-0029— Zimmerman Auto Body) For Annexation Of A Tract Of Land Situated In The Ne'/4 Of The Se'/4 Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 14.80 Acres Of Land From Rut To R-8 (Medium Density Residential)(.42 Acres) And I -L (Light Industrial)(.72 Acres) Zoning Districts 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. Approved 12. Future Meeting Topics Adjourned at 6:46pm 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 November 13, 2018. A Workshop Meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, November 13, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Luke Cavener. Also present: C.Jay Coles, Bill Nary, Caleb Hood, Clint Dolsby, Warren Stewart, Jeff Lavey, Mark Niemeyer, Todd Lavoie, David Tiede, Crystal Ritchie, Christena Barney and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam ______Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: So, I'm going to go ahead and start today's meeting by first welcoming all of you who have joined us for our City Council Workshop. So, good afternoon. For the record it is Tuesday, November 13th. It's 3:00 o'clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Okay. 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 Agenda De Weerd: Item 3 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have an addition. As a new No. 4 we are going to add an Executive Session. It should be relatively short. Pursuant to Idaho State Code 74-206(1)(b), as in boy and I think that's the only amendment. So, with that change I would move we adopt the amended agenda. Meridian City Council Workshop November 13, 2018 Page 2 of 58 Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All eyes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Amended onto agenda: Executive Session per Idaho State Code 74-206()1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent De Weerd: And Item 4 -- Borton: The new four. Madam Mayor? De Weerd: New four. Mr. Borton. Borton: I would move that we go into Executive Session pursuant to Idaho State Code 74-206(1)(b). Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (3:03 p.m. to 3:45 p.m.) De Weerd: Okay. I will reconvene this meeting and our apologies. Our -- our conversations when we say it's a few minutes -- unpredictable. So, thank you for your patience. Council, I would entertain a motion to come out of Executive Session. Milam: So moved. Meridian City Council Workshop November 13, 2018 Page 3 of 58 Borton: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamation A. James Chad Register Pancreatic Cancer Awareness Day De Weerd: Okay. The real Item No. 4-A is a Proclamation and -- Borton: Madam Mayor, if I could take this one? De Weerd: Yes . Please. Borton: Come down there? De Weerd: Ye s. You just pull the lever in front. Borton: Diana Register here? You want to come on up. Thanks. So, I'm sort of -- I'm taking this Proclamation. This is a -- an issue that's also pretty important to me and I wanted to kind of steal some of the limelight and share this -- this with you as well. I have had this impact some close members and friends to me, so thanks for allowing me to -- to read this Proclamation. Whereas it is estimated that in 2018 53,670 people will be diagnosed with pancreatic cancer in the United States and 43,090 will die from the disease, making it the third leading cause of cancer death in the United States and whereas when symptoms of pancreatic cancer present themselves 71 percent of patients pass away within the first year of their diagnosis and 95 percent pass away within the first five years. Whereas an estimated 240 people in Idaho will die this year from this type of cancer, which has no cure, nor seen significant improvements in survival rates in the last 40 years and whereas November is Pancreatic Cancer Awareness month and during this month people are asked to wage hope and wear purple to educate others about the dangers of pancreatic cancer and whereas the IAM - - IAM 149 Foundation is committed to supporting those patients battling -- battling pancreatic cancer in Idaho and nationwide and are committed to nothing less than a cure, I, Joe Borton, President of the Meridian City Council, on behalf of Mayor de Weerd and our entire City Council, do hereby proclaim November 16th, 2018, as James Chad Register Pancreatic Cancer Awareness Day throughout the City of Meridian and we all call upon the people of our city and our community to wear purple as a way to increase awareness of pancreatic cancer around the world and throughout Meridian as research continues to search for early detection, causes, and effective treatment, dated this November 13th, 2018. Did you want to -- Register: Thank you so much. Meridian City Council Workshop November 13, 2018 Page 4 of 58 Borton: You bet. Register: Madam Mayor and Members of the City Council, it is a privilege and honor to be here today to accept this Proclamation on behalf of my husband James Register. When we created the IAM 149 Foundation to give back to pancreatic cancer patients, we knew that his story had to be heard to bring attention to this awful disease. We are so thankful that you have seen fit to acknowledge it. Pancreatic cancer is quickly becoming the leading cause of cancer related deaths, with a one percent five year survival rate in most cases. This statistic has not changed in over 40 years and that is unacceptable. The only way to change that is to continue to try to bring awareness and to fight for funding research and, hopefully, someday a cure. By proclaiming a day in honor of a hero who lost his battle is one of the best steps in the right direction and for that we are truly grateful. De Weerd: Thank you. And thank you for joining us. We are certainly sorry for your loss, but just so admire how you're turning that into something that is looking for a solution for others. So, we appreciate you joining us today. Register: Thank you so much. De Weerd: Thank you. Borton: Thanks. Item 6: Consent Agenda A. Approve Minutes of November 7, 2018 City Council Special Meeting B. Findings of Fact, Conclusion of Law for Smith Rezone (H2018- 0097) by Scott Smith, Located at 1321 and 1323 Main St. C. Findings of Fact, Conclusions of Law Revised for Costco Wholesale Store (H-2018-0066) by Costco Wholesale, Located at the SW corner of W. Chinden Blvd./SH- 20/26 and N. Ten Mile Road D. Development Agreement for Zimmerman Auto Body (H-2018- 0029) with Brian Zimmerman located at 1775 W. Pine Ave., in the northeast 1/4 of Section 11, Township 3 North, Range 1 West. Parcel#S1211417501, S1211417515, S1211417523) E. Impact Fee Assessment and Deferral Agreement between City of Meridian, Ada County Highway District and Compass Public Charter School, Inc. Meridian City Council Workshop November 13, 2018 Page 5 of 58 F. Agreement with Kathy Drury-Bogle for Human Resources Consulting G. Memorandum of Agreement for Concerts on Broadway with Meridian Development Corporation for Not-to-Exceed 10,000 Memorandum of Agreement for Contribution from Meridian Development Corporation to Traffic Box Community Art Project for Not-to-Exceed $5,000 H. 2019-2020 Meridian Main Street Market Event Coordination Services Agreement between City of Meridian and Plum Unique Events LLC Not to Exceed $10,000 I. AP Invoices for Payment 11/14/18 - $1,045,005.77 De Weerd: Okay. Item 5 is the Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were no changes to the Consent Agenda as published. So, I would move that we approve it and for the Mayor to sign and Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items move from the Consent Agenda. Item 8: Action Items A. Continued from November 7, 2018: Findings of Fact, Conclusion of Law for Owyhee High School (H- 2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. Meridian City Council Workshop November 13, 2018 Page 6 of 58 De Weerd: So, we will move into Item 7-A, which is continued from last week and ask Mr. Nary for comments. Nary: Thank you, Madam Mayor, Members of the Council. This item was moved last -- or continued from last week for an opportunity to review the written -- or written minutes of the meeting to verify that the -- the findings of fact and conclusions and conditions of approval are reflective of the motion that was made on the night of the approval -- I think it was October 23rd. I have verified that and reviewed the minutes as well. Council Member Borton I think reviewed the minutes, as well as his motion. I do believe that the findings that are in your packet and the conditions that are attached to those are reflective of the Council's motion in regard to the approval for the Owyhee High School and so they are ready for your approval. There are documented -- or there are some follow-up e-mails that are in there for the record as well, but in my opinion those do reflect what the motion was and they are conditions of approval that are ready for your approval. De Weerd: Thank you. Any other comments from Council? If not I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve the findings of fact, conclusions of law for Owyhee High School H-2018-0075. Bernt: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 9: Community Items/Presentations A. Transportation Commission Recommendations: Residential Parking Districts and Compression Brake Ordinance De Weerd: Item 8-A is under Community Items or Presentations and I will turn this over to Mr. Hood. Meridian City Council Workshop November 13, 2018 Page 7 of 58 Hood: Thank you, Madam Mayor, Members of the Council. I am following up on a meeting that the Transportation Commission had on October 1st regarding to two topics, actually. I did a brief memo that should be in your packet for today. I'm going to take them in no particular order, but these are recommendations from your Transportation Commission, things for you to consider. Just to give them a heads up shortly after the October 1 Transportation Commission meeting, I did have a meeting with some Legal staff, as well as our Police Department staff to just give them a heads up. So, as part of our conversation today you want to or need to engage with them to get further direction on where we go from here, they both have an -- are up to speed on -- on kind of these two topics. Again, in no particular order I think I will tackle compression brakes first, which are also known as -- as Jake brakes, compression air brakes. There was a concern from some neighbors in Candlelight Subdivision located at the intersection of Ten Mile and Ustick about the frequent use and the increase of large trucks, particularly along Ten Mile Road. It seems like it's a -- an increasing situation with more and more large rigs using Ten Mile -- the Ten Mile Road corridor. There is a sign, it's my understanding, just as you exit the -- the interstate system near Ten Mile, about the use of compression brakes being prohibited. However, the city does not have an ordinance on the books, so those -- those signs do not exist anywhere else out in the city. The request came from the neighborhoods to just put some more of those signs up, but, again, without an enabling ordinance this one -- the signs we probably wouldn't put up, because it's not against the law currently in -- in the City of Meridian to use compression brakes. So, that's kind of where the request kind of turned to or at least the -- the direction from the commission to you all is to consider adopting a compression brake ordinance. Some offshoots of that discussion include unmuffled compression brakes and, really, that's the issue, it's the noise issue. So, it's not necessarily that the compression to brake your vehicle, but it's the noise that it makes and the impact, the nuisance of noise on the adjacent land uses and residential in particular. So, part of their -- their request or direction would have been to research if it makes sense to have unmuffled compression brakes be prohibited. The other part of that conversation was about citywide. Should this just be something that's prohibited everywhere within the city or are there certain corridors or neighborhoods or in residential districts that this could be prohibited. The -- the motion that was made by the commission didn't really make it clear what their recommendation to you was, it was more a broad, hey, City Council, consider this ordinance, but as you consider this ordinance here is some things that need to be -- some more research done on and to figure out where exactly they should be prohibited. But at the heart of it the commission does recommend to you all that some form -- a compression brake ordinance be adopted. The issue with that and the little bit of research that I have done and information I have come across is enforcement of that. You can put up signs all you want, but if you don't have an enforcement mechanism it's -- you're probably not going to be all that successful. There is another kind of school of thought, though, that thinks it's more about education, more about educating the truck drivers -- you're entering into a community that people are trying to live and have a quality of life, so be a good neighbor as you're driving your truck down the road and unless of an emergency, do not use your -- your brake -- your air brake. So, just sort of -- if -- if we go with an ordinance Meridian City Council Workshop November 13, 2018 Page 8 of 58 I think to some degree -- and I'm channeling some of what the chief may say -- don't expect there to be a whole bunch of tickets written for people that are violating a compression brake ordinance, because the reality is they are down the road by the time they get the phone call. Now, there may be a police officer, though, that can take it and catch that truck, but enforceability of this is really not very high. So, compliance through education, basically, if we did adopt an ordinance, put signs up, cross our fingers that people respect the ordinance. So, again, I will kind of yield any -- any more time or if you want to talk to the chief or Mr. Nary or whoever else, but that's the request from the Transportation Commission. I should have stated this at the beginning. I have had subsequent follow-up conversations with both -- kind of the champions, if you will, of these topics that we will talk about today. They have been advised that, you know, this isn't a public hearing today, that this will be set over for a future date where them and whoever else wants to testify, if you will, on these topics, will have that opportunity, but they also do understand you have some discretion, Mayor, in calling on someone if you have questions or want to hear from them today. But they are not necessarily expecting that, so -- so, again, with that kind of preface and background information that's the -- that's the first topic and maybe if you want to talk about that or if you want to just jump right into the next one I can do that as well. De Weerd: No. Let's kind of take them one at a time and -- and I did talk to the -- the citizens as well and so they know about this is a staff report and, Council, certainly if you want to put this out for public comment. From those that I talked to it's the signage and just the reminder that Jake brakes are not accept -- acceptable and not to do it. They also know that it's not a suggestion, it would be a law if we passed an ordinance and kind of like speeding signs, not everyone follows them, but it does give us something to enforce if there is a police officer that sees it, that is -- is there they -- they now have something to -- to enforce. So, I -- I think most people like to follow the laws and so just a reminder that it's -- it would be against our city ordinance if Council chose to pass it. Council, any questions for staff? Okay. I would -- if -- chief, do you have anything you would like to add? Lavey: Madam Mayor, I guess I can share my thoughts and if that helps Council. You would probably have to put a -- a public safety exemption in it, otherwise, the Fire Department trucks would be unlawful, since they have them. I'm not opposed to the signs -- De Weerd: And wouldn't you like to ticket the Fire Department? Lavey: We would ticket them for parking in a red zone. We are not opposed to the signs, but we would need to talk about unrealistic expectations and enforcement and unintended consequences. So, the old sign is probably from the county, back when it was a county parcel before we annexed. It was not a city sign. So, we don't have an ordinance on our books and we don't have any signs that we put up. If you say that the use of those brakes is prohibited, you must have -- or should have an ordinance to back it up. But you need to realize that, then, there becomes an expectation from the public that it would be enforceable and it's something that is nearly impossible to enforce. Meridian City Council Workshop November 13, 2018 Page 9 of 58 Why? Because it has to be witnessed by a police officer in order for us to take enforcement action or a citizen can witness it, but they have to be able to identify the driver and report it and you cannot see inside those trucks at the height to actually physically be able to identify the driver, plus you would have to do all the follow up for a simple enforcement infraction ticket and it's just not realistic for us to enforce that. So, we would have to set the tone that although the signs are up, enforcement action may be limited, but, then, that defeats the purpose, then, if there is not a punishment to you doing that. So, I don't know what the answer is there, but the other thing is is we talked about a muffled ordinance. That makes it even harder to enforce, because, then, you're sitting there going, okay, is it an actual muffled Jake brake, is that lawful, is that not lawful, how many decibels is that one versus that one. Can we prove it in court? It's just a hassle. So, it goes back to we are not opposed to the signs, but making sure that the expectations we set for our citizens is reasonable, because once there is an ordinance on the books they are going to expect us to enforce it. I had some insight from the chief of staff prior -- someone must have sent an e-mail in or something months -- months ago before it hit -- hit the transportation committee and so I reached out to fellow chiefs in other municipalities to say, well, how do you enforce it and, frankly, they have signs up, they hope people follow it, but they don't -- they don't do any enforcement on it. So, just so we are aware of that as we go into this. We support the signs, but we are concerned about unrealistic expectations if we do do this ordinance, because simply it is difficult to enforce and also we don't have enough staff to handle the current calls that we have, so at this lowest level we would be not responding to them and, then, it upsets the citizens. So, we just got to make sure that we don't put ourselves in a situation where there is expectations that we just can't follow through on. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, other chief next to you, would -- would -- if we were to move forward with exploring this ordinance would fire want a public safety exemption and, if so, why? Niemeyer: Madam Mayor, Councilman Palmer, yes, we would, simply because all of our engines in our trucks have Jake brakes on them. That's a transmission retarder to slow -- slow us down. Given the size and the weight of our apparatus with water in it takes a lot to slow those down and so we do have Jake brakes on our apparatus. Palmer: Madam Mayor? De Weerd: And you probably can't hear it over the siren, so -- Mr. Palmer. Niemeyer: What? Palmer: So, it's a matter of public safety that you're using those types of brakes. Meridian City Council Workshop November 13, 2018 Page 10 of 58 Niemeyer: It is. Palmer: So, is that the reality with anybody else that would be using them as well? Niemeyer: I don't know if I could speak to that. I can speak to what we do and when we are responding code, meaning lights and sirens, and we are moving fairly quickly through traffic, anything that -- that we have that can help slow us down is -- is a safety issue for us and so that is why on fire apparatus you see those Jake brakes on there is to get the apparatus slowed down quickly. Palmer: Madam Mayor. In a non-emergency situation, say you're coming down from Roaring Springs down Overland down that hill, would you use them even if you're just heading back after a medical call or something? Niemeyer: I would have to reach out and find out the answer to that. I believe that the crews have them on all the time, so I -- my immediate answer would be yes, but I would have to look into that further. Palmer: Madam Mayor? De Weerd: Good question. Mr. Palmer. Palmer: Are vehicles with much smaller -- smaller vehicles that did have them and they are still loud and annoying, I understand that, but they are there not just to, you know, preserve brake pads, they are there to ensure that a very large vehicle can stop in a hurry if needed and I think that if we are to consider an exemption to fire for that reason, that the reality is that they are there to provide that safety for you and they are there to provide the safety for anybody else that is driving it and -- and heaven forbid somebody else that might be in front of one wanting the one behind them to stop. So, to me it's something that I don't think this Council needs investigate further. Hood: Mr. President? Borton: Yes . Hood: Just to maybe follow up a little bit on that. So, I did, again, a little bit of research. Some of it was thrust upon me, some of it I found myself, but Eagle, Ada county, Wilder and Boise all have ordinances and they are all a little bit different. Some similarities. For example -- and I have a couple of them in front of me. In Wilder they just say except in circumstances of emergency where the use of air compression brakes is reasonably necessary to prevent an accident involving injury to persons or property. So, that could be for a fire truck or anybody -- no, just -- you know, I think the goal here is to put signs and educate people and cross our fingers that they do the right thing; right? If you actually get down to the letter of the law that seems kind of wishy washy, like, oh, I thought I was going to run into somebody, so I use my Jake brake every time; Meridian City Council Workshop November 13, 2018 Page 11 of 58 right? But it does have an exemption. But, then, to contrast that with the city of Boise, they also have similar language in one part, but, then, they specifically accept motor vehicles owned and operated by a fire department from prohibitions of this ordinance. So, one kind of takes a more passive approach and allows everybody, if there is an emergency and your truck is equipped with it, go ahead, don't crash into somebody, use your Jake brake if you need to. The other one specifically calls out fire apparatus owned and operated by them. So, I think those are some of the details we can work out with Legal and bring -- it sounds like we are maybe moving towards the adoption of an ordinance in a draft form and we can have those -- a couple of options in those -- in the draft ordinance, but it does seem like a pretty standard op -- it's recognized nuisance of noise doesn't outweigh the need to occasionally use these to slow or stop a vehicle, so as to prevent an accident or crash. So, anyway, just wanted to provide that, that it's not even uniform in our area with how you address that, but there is some allowance or acknowledgement that it can be a good thing if it prevents a crash. Borton: Thanks, Caleb. Hood: Again, I think that's the general direction. Maybe we will circle back at the end with the process and how we kind of vet this through the -- the rest of the -- Borton: That -- that was going to be the question that at least now to Council, do you want to -- with that background there is some options. We can decide to not proceed and end the discussion. We can chew on it with this information or ask that it maybe be scheduled for a public hearing, see some draft language, allow the public on both sides to come and share some information before making any decisions. So, what's the pleasure of the Council? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I -- I always take the advice from our chiefs and our law enforcement very seriously and in this case I notice -- sometimes I feel like this is almost a lot like a feel good type law, like let's put it on the books, let's put up a couple signs to maybe please some folks that have issues with it and at the end of the day I don't know -- and I -- sometimes I have issues with that. I have a little bit of problem just, you know, passing an ordinance just to have it feel good when it can't even be enforced. To me that just doesn't make any sense and so -- but with that said, you know, maybe there is something out there that I -- you know, that -- some information that can be brought before us that makes sense and some statistics or -- or information that -- that would help us have a better educated decision or discussion. So, I'm definitely open up -- you know, open for the discussion, always am, but I -- I'm sort of leaning toward if it can't be enforced, then, why are we going to make an ordinance. So, those are my thoughts. Milam: Madam Mayor? Meridian City Council Workshop November 13, 2018 Page 12 of 58 De Weerd: Ms. Milam. Milam: I -- I don't see any problem with having a public hearing and at least hearing from -- from the public on how -- how they feel about this. I think helping them realize that enforcement will be an issue and not -- not to expect too much. However, if they do it right next to a police officer there -- I mean there will be times when the -- it will be easy to enforce, if they are doing it without an emergency need. So, I'm happy to see it go forward to a public hearing. De Weerd: I wish we could say that there are no laws or ordinances on the books that are -- that are all -- that were all not enforceable. We have a no smoking in our parks that is hard to enforce. It's on a complaint basis. Code enforcement is on a complaint basis. I -- there are a lot of things that we are asked to enforce that we can't be everywhere all the time to -- to do it. Again, having more signage out there and reminding people -- our trucks along the truck route areas that this is an urban area, you're not supposed to use these, is not a bad thing and as Ms. Milam pointed out, if we see it happening, you know, we can deal with it at that time. But there is -- there are things out there that are hard to enforce, but people know it's against the law and for the most part I think that people want to abide by the law. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess the only -- the only downside that I can think of is putting an additional burden on our Police Department. So, you know, it's hard to know what -- to predict what -- how heavy that might be and how many phone calls, but I'm going to assume it's not going to be too heavy. Lavey: And, Madam Mayor, we are -- we are not worried about the extra burden. I believe that if we are going to put signs up we need to have the ordinance to support it. There was some discussion about let's just put signs up and not have an ordinance. That is silly. If -- for those exact things that you talked about. There is going to be some time when there is a police officer in the area. There is going to be sometimes when it can be enforced because of the situation and we need to have the tools in the toolbox to do that. So, if we are going to do signs we have to have the ordinance. We just have to set the expectations up. Every call that comes in has to be a prioritized and there is a lot far greater needs in the city that need to be addressed before we get down to this -- this infraction. So, that is probably our -- our only burden is sometimes you might have to explain to someone why a police officer didn't show up at this call, because they were busy doing this call. But we are not concerned about the overburden, but if we are going to put the signs up, we need to have the ordinance to support it. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Workshop November 13, 2018 Page 13 of 58 Borton: This is kind of the scope of where the conversation was when you came in was trying to get some direction from Council of whether the idea just should stop here. We don't -- we are not interested in proceeding forward or do we want to schedule a public hearing at some future date and allow folks to testify on either side of the issue and complete our education on whether this makes sense, so -- De Weerd: I guess I also see the -- is if Council is interested to direct staff to prepare an ordinance and, then, that public hearing would have testimony based on the recommended ordinance. Because, yeah, I don't think we can just stick up signs without anything to -- to substantiate it. Okay. Hood: So, Madam Mayor, then, to draw this -- one of the two topics to conclusion, at least for today, is it the will of the Council to draft an ordinance and that be the public hearing or do you want to have an interim public hearing and, then, draft an ordinance for the official public hearing? I don't know. And maybe I'm misreading the Council, but I think at least the majority of you is moving towards at least preparing an ordinance for consideration. It doesn't mean you have to adopt it, but at least that level of effort for staff to prepare something for the public to review and comment on. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think that makes sense. I wouldn't go through a whole lot of effort. I think the ordinance in its first draft just kind of illustrates how it can be structured and how there can be some exemptions, but not some laboring effort to create it from scratch, kind of crib what's perhaps available nearby as the best example, that at least can frame the discussion for the public hearing. Hood: And, Madam Mayor, just to follow up Council President. And is that -- so, that's not an official public hearing on that draft ordinance, then, it's -- it's -- it's a draft, but it's not an official draft to comment on? I don't know -- still not -- Borton: It's a -- Madam Mayor, it's a distinction without a difference. I don't -- it's not -- De Weerd: That's an interesting statement. Borton: It is. It's -- it's -- Hood: Do we notice it is -- is my question. How do we notice it or get the public to -- Borton: Madam Mayor, I would -- Mr. Nary would answer that. I just don't think it would be a first read of an actual ordinance in perfect form ready to pass that day. It's more illustrative of here is how it could be set out. Meridian City Council Workshop November 13, 2018 Page 14 of 58 De Weerd: Caleb, it would be something similar to our approach with any of those is here is -- here is what we are thinking, seek input and -- and certainly will ask for neighbor comments at that time as well and, then, you would bring it back if -- if there is interest to have the first reading. Hood: Thank you. I will work with -- with Legal and probably the clerk, too, on how that that notice goes out, then, for -- for this. De Weerd: Okay. Hood: So -- thank you. De Weerd: And, hopefully, that's clear to the neighbors. So, if Council does want to entertain an ordinance, they would hold a public comment during the staff report to see if they wanted to move an ordinance forward. Hood: And, Madam Mayor, it does seem like the neighborhood has a pretty good network, so I -- I will use Mr. Galligher to kind of get the word out to others that may or may not be here today to -- when we get a date set and I think we can -- we can let people know that this is up for -- De Weerd: And we can use NextDoor as well. Hood: Yeah. Okay. One down. The second one then -- and, believe it or not, this one is -- is -- that was more of the softball of the two. This one is a little bit more complex. I think this visual will help for those of you that aren't familiar with the area. Maybe what I will do is just start by -- by telling you what the transportation Commission's recommendation to you all is and that is that you consider adopting -- establishing by ordinance residential parking districts within the city. So, there are a couple in Boise, just, for example, that most -- most of you may or may not be familiar with, but in the north end around the university and I think even in the east end Boise has some residential parking districts. A l ittle R sticker that you put on your -- in your rear view window or your back window of a vehicle to designate that you can park on -- on public streets. So, that's what the Transportation Commission would -- would recommend that you consider as adopting a similar ordinance that -- that could establish residential parking districts within the city. Now, for the story. So, this is the areial view of Rocky Mountain High School, Paramount Subdivision. Paramount 60 was a phase that was later added to the rest of Paramount. About two years ago the developer Brighton Corporation did address the Transportation Commission with some issues about kids that were parking along -- I think this is called Arliss. I got to remember where Laughton and Arliss are. But parking along this -- this roadway here -- and they couldn't even get onto the lots to build the homes on, because the kids were parked there on -- all around and they couldn't get their construction equipment to build on the lots, because there were just so many kids that were parking in this area to access the school. So, what we did is we worked with ACHD, again through our Transportation Commission, and ACHD put up limited restricted -- restricted parking hours on this block and I believe this block. It's somewhere just in this general vicinity around the -- the micro pathway that says Meridian City Council Workshop November 13, 2018 Page 15 of 58 Monday through Friday from 7:30 to 9:30 and 1:00 to 2:30 or something like that no parking. So, there is no parking during those limited durations, essentially, keeping a high school student from parking here and leaving their car there all day to get to and from school. So, that helped for about a year and a half or two to some degree. There has been some -- some tickets issued is my understanding. It really just kind of pushed the problem a little bit further into the subdivision and now you get kids that are parking here, because, again, proximity to park here and deal with all the -- the student parking lot and all that, the path of least resistance it seems like kids are now parking maybe down here and walking and it's still -- still quicker, faster and more convenient for them there. Kind of an ancillary problem with that that -- that I will at least bring up, although it's not really totally pertinent to the -- their recommendation of considering residential parking district ordinance would be the garbage, blocking crosswalks, driveways, fire hydrants and those types of things. Trespassing on -- on neighboring properties. I have -- we did talk to the school district about the -- the micro pathway. One of the options that the neighborhood had brought up was closing the micro path or making it a one way exit only into the neighborhood, not to the school, but exit only from the neighborhood. We talked about that a little bit. There are two other micro paths that tie in from the rest of Paramount, again just proximity to the school. This one is more attractive than either of the two with how long it would take you to get there as a pedestrian. That's not, in my opinion -- and I think the school district -- and I have a correspondence from Miranda Carson if you want, but closing this or making it a one way really is not an option for the school district and, again, my personal opinion would be not the best solution either. That's kind of where the next phase of putting restricted parking is in the -- further into the subdivision, which caused some of the neighbors to say, well, then, I wouldn't be able to park in front of my house, you know, that same restriction 7:30 to 9:30, now I can't park there or my guests can't park there. I don't like that idea. So, it seems like some of the neighborhood is even split on what the -- the solution is to this. The other -- again, so, then, the third option would be this residential parking district permit. So, maybe just, again, a little bit of background, again, although it's not only pertinent, but there have been also complaints about speeding and cut through through the subdivision. Again, not necessarily related, but just to let you know there are those kind of ancillary concerns from the neighborhood today about the -- the roadway network and they are working with ACHD on potentially installing -- installing some speed humps and other signage in there to -- to calm traffic. So, those are kind of the options as laid out. So, part of that -- again, similar. Met with the chief and some other Police Department staff, code enforcement, traffic division staff and Legal to talk about this one. This one -- it's a little more difficult and I can't say it's going to be 1.5 FTE, but definitely you're looking at some enforcement. I mean if this is going to be successful you have got to -- we have got to probably stand up some division of who issues a -- a sticker, right, do some verification that, in fact, you live there and we issue two or three per household or whatever that looks like and charge a fee -- who pays for the fee. We would have to buy the signs as a city. We would have to stand up the signs as the city. ACHD will not do any of that for us. So, there are some real costs associated with -- different from the last conversation. ACHD, if we have an ordinance, they will manufacturer the sign, they will stand them up for us where ever we want them in the city. They won't enforce it, but they will at least put them up. This -- this one is on Meridian City Council Workshop November 13, 2018 Page 16 of 58 us, though. If -- if we -- we do this we have to buy the signs, manufacture them and install them, maintain them, as well as enforce, write tickets if people are parked there and they don't have the sticker or whatever else -- hang it from your rear view mirror or whatever we end up doing. So, this one is -- is also about enforcement, but there is some real implications to hiring folks that -- that oversee that and enforce parking districts and the reality is if we do it here it's probably going to be somewhere else in the city where -- where someone else is going to have similar concerns. Just a little bit -- for me it's -- it's similar to around Settlers Park. We have had similar issues out there in the past. Parking on one side was kind of one of the solutions, if you will, that we talked with over there. Where am I at? So, somewhat -- Cedar Springs Subdivision. We got a lot of that, too, in Cedar Springs where we get -- and we still do, you know, people will park along the street, but we had people parking here blocking driveways, public streets, but, again, better access here. If my kid is playing a ball game here, to park on one of these streets than to try to, you know, fight everybody here. So, we didn't stand up a residential parking district or establish that here. It doesn't mean we can't now. Some of the justification from the Transportation Commission was we are a city of over a hundred thousand people now and these are big city problems, we are starting to -- we are starting to see and maybe this is one of the things we have got to -- it's worth exploring is to stand up a parking division of the city that could deal with things like this. So -- so, again, similar thing. We would look -- we would need an enabling ordinance if we are going to do such a thing. Put that in code. We haven't really spent a whole bunch of time talking about what -- again, one, two, three people -- I don't even know. Maybe it's -- I don't know what this looks like, but there are some real implications to -- to having an enforcement arm and even being able to issue residential parking permits. So, I think with that I will probably just leave it at that and that's really the -- the recommendation from the Transportation Commission. All the rest kind of remains the same, looking for -- I'm sharing, I'm channeling the Transportation Commission, I'm just sharing their high level review of what they heard from a neighbor Mr. Nick Rohde, who was there representing kind of his take. In fact, that wasn't even his -- his request. This wasn't his solution. His solution was the one way gate. But this is what the Transportation Commission thought would be the best for the city at this point in time. So, with that, again, I would yield any time to -- to Mr. Nary or -- or Chief Lavey if they have anything to add at this point or stand for any questions you all may have. De Weerd: Thank you, Caleb. Council, any questions for Caleb? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: My big question would be if -- if we even start going down this road what would be the time frame to get this put into place. That means people hired, the stickers and the signs -- the reason I asked is because my guess is a lot of this problem will disappear with the -- with the opening of Owyhee High School, so -- this school is overcrowded by 600 students or whatever that -- that are going to be gone from there in a couple years. Going through all of that for possible elimination of the issue. Meridian City Council Workshop November 13, 2018 Page 17 of 58 Hood: Madam Mayor? De Weerd: Caleb. Hood: Council Member Milam, I don't know that I can answer all that. In fact, I don't know if anybody can, but I want to add just one thing real quick, because the chief is going to answer your question. But I do want to add one thing from Miranda when we talked about this, because one of the things that she says is there are still about 50 open parking spaces daily at Rocky Mountain High School, but students are choosing to park in the neighborhood. So, it's not that -- everyone exits, so I imagine it's still congested to get in and out, but there are stalls available in their parking lot she says. So, that's not really the issue. But how long it would take to draft the ordinance, stand up this new division issue -- yeah, I'm going to let Chief Lavey answer that. De Weerd: Chief. Lavey: Madam Mayor, Councilman Milam, I have an answer to that. Opening another high school is not going to change bad human behavior. It is just not. And that's really what it is. When it comes to littering, it's bad human behavior. When it comes to parking in the -- in the subs, instead of parking in the parking lots, it's because they are either lazy or they are looking for convenience. That's not going to change by opening another high school. This is a really big topic that we need to proceed slow on. I'm not opposed to having a public hearing or a public testimony to hear what the public wants, but I will share our insight currently. The Police Department is absolutely opposed to any one way gates or anything like that. We need to have ingress and egress for the safety of our students and staff and to get in there to help. So, we need to make sure that we have many, many exits and many, many entry points to be able to handle any safety needs to go into that school, whether it's an active threat, whether it's a fire, whatever it is. So, we are absolutely opposed to any restriction to any of the accesses to those points right now. As far as a restricted -- our residential parking. Residential parking is a restricted parking in itself and although they don't like the restricted parking signs where you can't park on the street between this time and this time, they are absolutely correct in that that would also pertain to the residents in that subdivision. It would be anybody could not park on the streets between these hours, which is currently what we have in some signs in that subdivision and also what we have in Mountain View, because this is kind of like Groundhog Day, this is Mountain View all over again. So, we are going to have this again in Owyhee in a few years. It works in Mountain View right now, but it took some time and it took time working with the neighbors, working with the schools, working with the SROs to -- to handle that. If you do a residential only parking and you have to have a sticker on your car, that means that any neighbor or any friend visiting, any family visiting, any contractor you have coming to your house, any service that you have coming to your house, any other type vendors that comes to your house have to park in your driveway, because they can't park on the street. So, when we talk about restricted parking, residential parking only is a restricted parking. Now, one of the things that Caleb mentioned to me -- and he says, you know, Meridian City Council Workshop November 13, 2018 Page 18 of 58 we are the second largest city in the state and maybe it's time to stop -- to start thinking about this type of parking enforcement and perhaps it is, but looking at our neighbors to the east, they do do it and this is how they do it. They actually have a parking enforcement division of multiple FTEs, not attached to the police department, and that's really insignificant. It's just that there is dedicated people that actually -- that's their job, that's all they do is enforce parking violations. If we are prepared to do that, then, we could probably make this work. If we are not prepared to do that at this time, we need to proceed slowly, because having our current employees take on this additional burden I think is -- is not the wise thing to do. We already have people that are -- are at their maximum in what they are trying to do right now and this would just be an added -- added burden. But it's just something we need to keep in mind and that's only on the enforcement side. To make this program work you have to look at the distribution side and who is going to pay for these stickers, who is going to issue these stickers, who is going to do the record keeping. In a lot of places that would either fall on the parking enforcement division, which we don't have, or the city clerk's office and so this would be a burden that the city clerk would have to take up, as well as the Police Department with how we have things set up currently. So, if we are going to go this route, I urge us to go slow. I urge us to do it right and invest the money that is necessary to -- to do that right. De Weerd: Any questions for Caleb or chief? As Caleb said, this one is probably a little bit meatier than the other, but the point that Caleb raised is this issue is -- is relevant to Rocky Mountain, Mountain View, every neighborhood around our parks and -- and in downtown at some point and so what we do here you can -- you can imagine will be requested to do others and -- and as the chief pointed out, we have been working with the neighbors at Mountain View for years and this has been a solution that has had a positive effect in -- in that area. Lavey: Madam Mayor, just -- this is just kind of chuckling because of the timing, but as we were talking about parking violations, I'm sitting here getting a message from a citizen who is upset, because we don't have anything better to do than walk around and slap citations on cars for parking. So, I just thought it was kind of humorous. Not going to please everybody no matter what we do. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Because this is such a big issue and impacts so many areas, because I have heard a lot of complaints regarding the same thing around Meridian High School, so I think parking is an issue with all of our high schools, as well as other areas, that maybe that's, you know, something the transportation committee -- or could form a subcommittee and start, because it seems like there is so many pieces to this, including a piece that we don't have the employees, the officers in place, or the -- whether it's a separate division to even start to deal with it when it would come about and so it sounds like two things need to be happening simultaneously if we are going to go this route and Meridian City Council Workshop November 13, 2018 Page 19 of 58 we need a whole lot more information and potentially funding before we look at even doing that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: This seems to be a very long, tedious and expensive route and I would like I guess maybe more information on expanding the limited parking to other streets the way that has been done at Mountain View and give that a chance first just for all those reasons. It can be a lot -- be a lot faster for the residents to, hopefully, see some results and, hopefully, you know -- and a lot less expensive and not that -- that the parking districts isn't something to look into, but it sounds like a big headache for everybody. So, I think it's going to take a lot of time and research and in the meantime the residents aren't getting any relief. De Weerd: Chief. Lavey: Madam Mayor, I guess we should point out, though, that I hear what Council Woman Milam said. However, I do believe -- and Caleb can correct me -- that that has been offered to the residents and they do not want that and so that's what creates the issue as well as is that we could put those signs farther out in the subdivisions, but we have enough people in that subdivision that opposes that, so we don't know what the solution is. I wouldn't want to just go -- go out there and slap those signs up if that's not what the residents want, because that's not going to create the solution. So, that is a possibility or an alternative, but it was my understanding that it's not something that that -- that they wished. So, if Caleb could maybe follow up on that. Hood: So, Madam Mayor, I can let you know, at least from the few people that I have had back and forth with on this conversation -- again I don't think they are united in this. One neighbor wants the limited duration parking. One wants to close the pathway. One wants to have a residential parking sticker. So, there is some -- everyone has got their own opinion. I don't know who is in the majority or what that is. Honestly, just in my opinion, this may be a good one to have that public hearing and basically hear from homeowners that show up and say, hey, I would prefer this method, I would prefer that method, here is what I want to see and all the time weighing the real implications to everyone for whatever that solution is or a combination of solutions or an interim solution while we work on the long-term solution or whatever. But, again, I'm kind of getting mixed messages myself, so not to correct the chief, but just people I'm hearing from, again, have different opinions on how to solve this problem. So, this may be one where it's good to notice a, you know, Town Hall type of a discussion on here are some options, what should we do. I will just provide you that update though. John Lawson is ready to put out signs on additional blocks, but he is waiting to kind of see what happens. If we go with this residential parking district, the district doesn't want to invest in signs and all that to manufacture these if they are just going to be taken down in a year or two. So, they are kind of waiting to see how this plays out with the city, but they Meridian City Council Workshop November 13, 2018 Page 20 of 58 do kind of stand at the ready to expand the limited duration no parking district further into the subdivision. But, again, some of the neighborhoods don't like that approach and they are saying, no, don't do that, we have a better solution and it's X. So, yeah, different -- different opinions, but that is -- that is one solution that ACHD is willing to do is -- is sign a couple more blocks of this no parking 7:30 to 9:30 and 12:30 to 2:30. That was a sign near Mountain View. Those are the Monday through Friday no parking signs. De Weerd: Thank you, Caleb. Council, any questions or comments? Or by chance direction? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: There is a member of the public raising her hand. I don't know if you want to call on her or if you just want to wait until that public hearing. De Weerd: It's -- it's on here for a staff report and certainly this could be a conversation we can place on an agenda for public comments and -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess that maybe that's the consensus from some head nods is it didn't -- there is not a clear recommendation on what to do with the particular issue. Both ordinances I have a concern of the cost outweighs the benefit. Might not take action on either of them. Or both proposals. But as to the parking one I'm not even sure what it is yet. So, if there is a public hearing is this something that comes before the Council or is it happening with the Transportation Commission? Otherwise, we are just here wandering, talking for hours. Hood: What -- if I can just clarify, again, Madam Mayor, Councilman Borton, I am -- the recommendation from the Transportation Commission is that you direct staff to draft an ordinance to establish residential parking districts. That's a recommendation to you. You can remand it back to them and they can discuss it some more. They -- you know, I mean you have options from there, but that's their official recommendation to you is that we spend some level of effort drafting up all the pieces that make this potentially work. It's a recommendation. It's not -- you know, they don't get a -- so, that's kind of where we are at. I don't think they were just punting to you, so you could kick it around, wander aimlessly, but I think when we have that public hearing I would work with Legal staff to have some version of a draft ordinance. I don't think this one we put as much effort into drafting the ordinance, it's more of the concept of a residential parking district than the actual language of how that would work and functionally. I mean I think we do some of that research, but I don't know that it's as finished as a -- I mean these are, you Meridian City Council Workshop November 13, 2018 Page 21 of 58 know, that -- yeah, you probably can't see it, but that's -- you know, that's the Jake brake ordinance. Residential parking district ordinance is probably going to be a little bit more detailed. Anyways, again, you have the discretion. Give us direction. That's what we are here for is to get that direction. Are there next steps? Does this die on the vine with that recommendation? Thanks for your recommendation, but we are not doing anything with it or -- yeah. Where do we go from here. De Weerd: I guess just for clarity, Caleb, what we are doing by Rocky is what we are doing by Mountain View, it's just bleeding a little bit further out. They have asked for relief there and the -- not all neighbors agree that -- to put up time restrictions in that area. Hood: That's a good summary, Mayor, yes. De Weerd: Okay. And the reason I'm not taking public comment is it was communicated to other citizens that we wouldn't and so just trying to keep it clean. Borton: Madam Mayor, does Council want a public hearing on this draft concept similar to what we are going to be doing with the compression brakes? Borton: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I would say no, but if I did, then, then we would probably do it, so I'm not going to say anything. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I mean I'm somewhat in agreement -- De Weerd: With what? Bernt: With -- with Councilman Palmer. I mean I -- I don't want to put staff in a position where they have to spend a lot of time on this, without knowing more about it. My only concern is if we -- if we -- if we go toward a -- a residential parking district in this area, there are many other places around the city that would want them as well and it would create -- who knows what type of precedent we would be setting and so I -- I think that, you know, parking is an issue and we need to talk about it and I would love to hear the comments from the citizens, so maybe a public hearing would make sense, but I don't -- I think that drafting, you know, a quasi-ordinance would be a hair premature in regard to a residential parking district in this location. That's just my opinion. Meridian City Council Workshop November 13, 2018 Page 22 of 58 De Weerd: Okay. Well, I have two that agree that -- I think that they don't want to say they don't want a public hearing, because others might say you should. Milam: Madam Mayor? De Weerd: Is that what you agreed on, Mr. Bernt? Yes, Mrs. Milam. Milam: I think that -- I always like to hear from the public. However, I think it might be a little premature to schedule a public hearing and create an ordinance without knowing financially what that is -- the responsibility of the city will be. I think that it's unfair to even fathom making a decision without knowing are we looking at 100,000 a year, 500,000 dollars a year? What is the expense going to be? How many residents is this going to effect. Personally I would hate to have this in my neighborhood. I can't imagine not having friends over or somebody fixing my appliances and having to park in the driveway. So, I -- if you wanted to put this in my neighborhood I would fight you tooth and nail, but it's not my neighborhood, I still go back to -- I think moving the signs - - moving the daytime parking district -- or signs back, so I don't know. So, you see where I'm at? I am a teeter totter. I think we should hear from the public, but I don't think we should schedule a public hearing until we have more information on the cost. De Weerd: You can ask the Transportation Commission to have further discussions and maybe that the neighborhood would have to come to a consensus on a recommendation to the Transportation Commission to discuss. I guess ACHD requires that they have a certain percentage of people sign a petition to get speed mitigation in in their neighborhoods and with that, then, it goes to the Commission on -- if they want to do it and they have a conversation about the cost and it looks like the neighbors might have a petition that they -- they have and, again, it's a conversation that -- that probably needs to go back with some specific direction from Council on what you want answered if it were to go back to the Transportation Commission before it could come back for Council's consideration. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm not supportive of going forward on the topic any further at this point as to a residential parking district and just to cut to the chase, this table -- it -- it might come back to us with another request with maybe some more specifics and data, but we will deal with it at that time, but from what I have heard right now that the -- the burden of trying to facilitate and create a district outweighs the benefit. So, just being blunt. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Workshop November 13, 2018 Page 23 of 58 Bernt: I -- my kiddos went to school at North Junior High, which is down at the -- in the north and so I get why they have residential districts down there, because the roads are about this wide and if you -- if you have people parking on both sides of the road literally you have to wait for someone to pass before you can go around. So, I get why that -- they have residential parking districts down there. You just can't get around. I get why they don't -- why they have them around the university, because there is, you know, ten, 15 thousand students down there at one given time and you have massive venues that hold tens of thousands of people at one given time and so I get why they may have residential parking districts down there. But that -- to put it or -- you know. So, I think -- I don't think the comparison is quite there in regard to why we need one around a high school. I don't know if it's quite there personally. So, I would agree with Mr. Borton. De Weerd: Okay. Lavey: Madam Mayor? I don't know if it's appropriate at this time for me to say more, but I guess I would -- my recommendation would be to send it back to the Transportation Committee for further discussion. I wasn't there to know exactly what they talked about, but if they have knowledge of the types of issues that come up with these different solutions, then, maybe they could be firmer in their ask of us and, then, we could discuss that in a public setting. But I'm not sure they had fully vetted what they were truly asking, because what they are asking is reasonable, I just don't know if they understand how it affects the whole city overall. I think it would be reasonable to give them a fair shot to re-discuss it before we -- we open it up to the general public. That is just my -- my opinion only. De Weerd: Chief, I think what I would ask you to do before this topic goes back to the Transportation Commission is to sit down with the neighbors. I -- I know your department spent a lot of time with the situation and -- and trying to find ultimately the solution that was moved forward with that incorporated the school, the ACHD and the Police Department in that conversation. So, maybe first that your department sits down with the neighbors to -- to really define the concerns and -- and maybe some possible solutions before you bring it back to the Transportation Commission. Lavey: Madam Mayor, we are not opposed to that at all. Just got to find the right venue to make that -- to make that happen and we will make the time for that. De Weerd: Okay. Hood: And, Madam Mayor, I don't know if it's the right venue, but kind of maybe kill two birds with one stone. You could have that meeting simultaneously at the Transportation Commission and educate them on the real impacts to a residential parking district as we are talking about solutions with the neighborhood and you got everybody in the same room and we just sort of have the conversation out right there. I'm not saying you can't meet with them ahead of time, but it certainly would help if -- and we do have -- Sergeant Arnold does attend the Transportation Commission. He is a regular attender of that. But that -- maybe he doesn't have some of that information of, yeah, we are Meridian City Council Workshop November 13, 2018 Page 24 of 58 looking at two full time employees or whatever those things are that, you know, cost outweighing the benefit type of information and maybe just helping me relay this information back to them and look at maybe other solutions with the neighborhood simultaneously could be an option. De Weerd: Well -- and I think certainly that's a good suggestion in an informal way. The problem is when you get to the Transportation Commission and we all sit up here, that informality and that conversation is not as fluid. I would suggest inviting them and noticing it, but -- that it's not that -- part of that official meeting at least in the discussion form. Lavey: Yeah. Madam Mayor, I was thinking about just throwing Caleb under the bus and letting him just handling it, but I -- and I said that jokingly. However we -- however we do it, if you want to do a pre-meet and do an hour before the Transportation Committee, so we can have an informal setting and, then, go into the -- the -- the formal setting, I guess what I would do is I would commit to be there for the informal discussion and the next Transportation Committee, so we could have that dialogue. So, we are not putting it on another staff member to sit there and say, well, what were we talking about, just -- you know, I'm committed to be at the next transportation committee or we can meet prior to that or even an hour before that as well. So, whatever we think works best. But I do think we need to get back to the -- the folks that -- that come up with that discussion originally and give them a chance to hear this additional information, to see if it changes anything before we -- we bring it back in front of you all. De Weerd: I would just -- yes, Mr. Palmer. Palmer: Madam Mayor. I think three of us said and there was at least one more head nod that we weren't interested in pursuing it further and now there is going to be more meetings and discussion and, then, brought right back it sounds like, so -- De Weerd: You had indicated when -- no interest in the residential parking district, but that doesn't solve the issue and so my suggestion is to have further conversations between our Police Department, the school district, and the neighbors to talk about the issues, talk about solutions and -- and just further define it. It really isn't about the residential parking district, but it is about -- there is a problem and how can we best solve -- solve that. Okay. Thank you to the neighbors for being here. Hood: Madam Mayor, before we move on, just one last thing. And I appreciate the chief offering to come to the next Transportation Commission meeting. Unfortunately, I have already engaged them, they are a focus group for the comp plan, so their hour and a half before their regularly scheduled meeting is already being used up by me for the comp plan. De Weerd: Yeah. Caleb, I would suggest it's not right before the Transportation Commission. The transportation is just invited as -- to be included in the discussion if Meridian City Council Workshop November 13, 2018 Page 25 of 58 they have an interest, but it really is between the city, the school, and the neighbors to -- to talk about the issue at hand. Kind of like we did with Mountain View. Lavey: Yeah. Madam Mayor, I agree with you, because it's not just a transportation issue, it really is more than that. It's about the littering and some of those other things as well. So, it's not just transportation. De Weerd: I recall the Mountain View one very vividly. Lavey: Unfortunately, I do, too. Item 1 0: Department Reports A. Fire Department Annual Report De Weerd: So thank you. Okay. We actually now are under Department Reports. The reason we are here tonight is to hear from the Fire Department and hear their annual update. Niemeyer: The only reason; right? De Weerd: Oh, I'm sure. Niemeyer: Madam Mayor and Council, good evening. We will wait for this presentation to get up on the screen here. Beautiful. So, we will make this succinct and ask any questions following the presentation. So, I broke this out into six different areas covering the past year. A lot of great work going on in the fire department. A lot of great work going on moving forward in the Fire Department that I want to cover. So, first and foremost, talking about our operations division, one of the things that we are really working strongly on right now is that working out of class program. This was brought to you through the negotiation process with the -- with the union. We have been meeting with their leadership, our leadership, we finalized the task books, those are being printed. The program itself is being rolled out of what we call our all hands meetings. So, all hands is when we get the entire shift together, share that information all in one setting, so everybody has the same information at the same time. That will be rolled out November 16th, 19th and 20th. Once we get done rolling that information out we will open up the program. So, we anticipate this program going live the end of November. This was a big deal. It's a good program for the Fire Department. I think it's a good program for our firefighters, so that we are getting rid of some of the mandatory overtime that you all heard about during negotiations. That's not a good thing organizationally. So, I believe overall it's going to be a very good program moving forward. Promotional testing update. We have a June 21st timeline that we are trying to meet with regards to getting engine 36 staffed. That requires us to test for promotion. Specifically captain and engineer. We had a 14 week officer development program that just wrapped up. A 12 week engineer development program that's wrapping up. We start testing the end of November and that will be completed in January. It takes us about a month and a half to get through a testing promotional process. We are Meridian City Council Workshop November 13, 2018 Page 26 of 58 anticipating a good turnout on that, so that that engine can be staffed up June 21st to meet the summertime busyness deadline that we are shooting for, so we have an added resource on the road. We have briefed you on that before. We are still on target to get that done. Training. We got a couple things to talk about. One is we have some makeup dates. We had the harassment training that we did in conjunction with HR and with ICRIMP that will, then, be rolled out city wide. Fire was the first to go. So, we have a few folks that we are making up. We have been working with Crystal and her team, as well as ICRIMP, to get those completion dates set up for the makeup and those dates have been set. The other one I really want to stress and we are going to make a big push as far as media and all that with this training that is coming up, but I really would encourage all of you to attend. We have got some dates here. This is a center hallway drill training that's happening behind Station One at the training tower. This is specific to a new target hazard for us and that is the apartment complexes that are going up. Operationally this presents a whole new challenge for our firefighters. This is not what we typically find with regards to residential or even some of our commercial structure fires that we go on. Hallway -- center hallway apartment complexes are very unique. So, this training has been set up with -- by Chief Fedrizzi in conjunction with Chief Landry with the Eagle Fire Department and involves six different fire departments coming in to go through this drill. I will say I want to -- I want to give thanks to Franklin Building Supply and I also don't have Great Floors on here, they donated materials for this training. So, we are very grateful for that. If you get a chance I would really like each of you to come over and -- and witness this training. It's in three hour blocks. You don't have to stay for the whole three hours. I know it's a big time commitment, but to see what they are doing and why they are doing it I think is really important, because it helps you as Council understand when we approve new things that we are not used to, there is training that gets involved to go meet that new challenge. So, the dates are on there. November 14th and 15th. We have two sessions 9:00 to noon and, then, 1:00 to 4:00 and November 19th from 1:00 to 4:00. Again, you don't have to attend the whole three hours, but if we can get you over there just to kind of see the -- the initial, give me a call, let me know and I will make sure you get over there and get a peek behind the curtain on what we are doing. Really good training. I'm really encouraged by it. In our prevention department, school safety, even though Chief Lavey threatened to ticket our fire trucks with this Jake brake issue, I will say Police and Fire have been doing some really good work together on the prevention side. Joe Bonjiorno and Shawn Harper, we have found a new match made in heaven I guess. They have been working together on the school safety issues. As you recall, when all the shootings came out across the country -- and they are still happening today unfortunately, but specifically the school shootings, we had secondary locking devices going in on doors. That concerned us as the fire department, because if the door is locked we can't get in and so we worked together with the Police Department, identified solutions. We rolled those solutions out here locally first. The solution was so good that at the statewide level school district said we want to hear more about this and so Joe and Shawn both have been working directly statewide to where the state is going to adopt school safety with regards to these locking devices and procedures on how best to secure their school classrooms. That is, then, turned into both of them presenting at the Idaho Fire Chiefs Conference in the spring to help other fire departments and police departments around the state Meridian City Council Workshop November 13, 2018 Page 27 of 58 understand how you can cooperate together to come up with good solutions. I was talking to Chief Lavey. Joe Bonjiorno just got a phone call from South Carolina. They have somehow heard about what we are doing, they are very interested in what we are doing. So, pretty cool stuff going on in partnership with the Police Department on that front. Public education. And I will go to the bottom first. I want to thank you for approving our part-time pub ed specialist going full time. Herb Griffin accepted that position. He was a tremendous help in October. We had fire prevention month and Pam is always overworked and overloaded. So, having Herb there full time really made a difference. We had public safety educational day held at Fire Station One. We had over 500 community members attend that. So, outstanding participation and support. I do want to plug in Pulse Point again. I do that every presentation I give. This is the app that citizens can download and be alerted if there is a CPR need anywhere in our community. We have about 6,500 folks that have downloaded the app and are active on the app, meaning they actually get the alerts. I know our Council liaison gets those alerts. The Mayor now gets those alerts. So, it's a way for you to stay in touch in our community with what's going on, but more importantly it alerts you if a CPR event needs your help, if you have been trained in CPR. So, our goal countywide is 20,000 folks. We are at 6,500. So, we still have a ways to go, but we are reaching out to hospitals, schools, anybody we can to get that word out. It's a good app and it's been worthwhile. Lifesaver safety inspections. 2019 we have 1,049 inspections planned. Currently right now in FY-18 we are about a thousand behind. That tells you how many businesses we have and how many inspections are going on. You can see the data there that -- the numbers year to date. We have had 1,344 initial inspections through our fire inspectors, 1,519 reinspections and we cleared 1,219 of those. The Mayor did ask me what are the most common reoccurring themes that we have. Typically it's blocked exits where we have to clear something out of the way because they blocked a door for an exit in a -- in a commercial building or a restaurant. A lot of electrical stuff that comes up as we do those inspections. So, our folks are busy. They also double as fire investigators. We have had 33 fire investigations year-to-date with two on staff that are eligible to do those fire investigations. We have conducted over a hundred plan reviews and the one that caught my eye was we have conducted over 170 solar panel installation plan reviews. Solar is becoming very popular here in the valley and in Meridian. Those require an inspection by one of our inspectors, so that's a new added twist to our -- our inspection team. Fire Department safety. And I bold and underlined this, because I firmly believe in this. Standing side by side we are providing excellent customer service, which is what our mission is. Taking care of our folks, the physical and mental well being of our folks is top priority. So, with that I want to update you on a couple of things. One is the diesel exhaust capture systems. Chief Butterfield and Stacey from Public Works are working on that RFP process and that bidding process to get that done. This is a high priority for us and it is being worked on. It will be installed in all five fire stations. It's in the design for Fire Station No. 6. So, again, this is a direct capture exhaust. We know diesel exhaust has carcinogen factors to it. We want to eliminate that. Another one that we are looking at that's in the design for Station 6 is an isolated PPE room. PPE is our turnout gear. For those of you that have been to fire Ops 101, you see how dirty that your gear can get. We wash that on a regular basis, but putting that in an isolated room is the best practice. Right now it's sitting on the shelf out in the bays and not -- not the Meridian City Council Workshop November 13, 2018 Page 28 of 58 best place for it. So, we are looking at that as well as far as retrofitting our current stations. Carcinogen exposure reduction program. I want to thank Randy Platt, who is one of our firefighters. He is leading us in the effort, along with the administration, on looking at how we can also reduce cancer when we are on scene. Times are changing. We know more than we did ten years ago, 15 years ago, and so there is some things that we can improve on that we are working on to reduce that exposure to carcinogens when we are on the fire ground. I think it's a great thing and our folks are very interested in doing that, so we are working together on that. The last that I want to update you on is the PTSD legislation. I know it's been in the news. I have been on that working group that's looked at the current legislation and how we can better that. Right now to get worker's comp coverage for diagnosed PTSD you also have to have a physical injury. Now, we have had firefighters that have submitted claims that have been diagnosed by a clinical psychologist. Those claims have been denied, because they didn't have a physical injury to go along with it. I am hoping that you will support us in this effort. I will -- I will be bringing this back to you asking for your support. This is a needed change in Idaho. Our folks are seeing things at a rate that they haven't seen before. We have seen it here in Meridian. If you watched the news over the weekend you know that our police and firefighters were out again on a scene that you don't want to see, but it's what we do. Chief Lavey and I were talking about this today. We grew up in an era where you were told to tough it out, to suck it up. That wasn't the right thing and, quite honestly, some folks made it through that and some people didn't. Unfortunately, today I just received word that a very well respected fire service member in eastern Idaho took his own life. This is real and so it's our job as leaders to make sure we do everything we can to protect our members. So, with that I would give a thought out and a prayer to that fire department. We are moving. We have a meeting next week within the department to look at comprehensive mental health within our own organization outside of the PTSD. That is -- that is reactive legislation to go deal with the injury that's occurred. The mental health issue that's occurred. We need to do better on the front end to prevent it in the first place. So, I'm working with a team of firefighters to develop that program for us internally in the Meridian Fire Department. De Weerd: And, chief, I would just add on the PTSD, there is a real cost -- Niemeyer: Absolutely. De Weerd: -- and the cost of certainly losing an employee -- a valuable employee, but there is a cost of the impact it has indirectly on the entire department, filling the position and -- and all of that. So, this is -- this is the right thing to do. Niemeyer: Thank you. Fire Department performance. Chute time. The adopted goal that we had was 90 seconds 90 percent or better. We are at 88 seconds at 90 percent. So, we are under our target, under our goal. That tells me the guys and gals that respond are hearing the bells and they know it's somebody in need and they are getting out of the station quickly, which is what we want to see. The travel time for both rural and metro urban we have had some challenges with that. I'm working directly with Matt Hoffman. I know Matt is here and Dave Tiede, as well as Ada county dispatch. We are Meridian City Council Workshop November 13, 2018 Page 29 of 58 also getting together with Boise fire to see how they pull that data and report on it. We have had some challenges there. So, I would like to come back to you in a month after we have those meetings and looking within our databases to see how we can accurately pull that. We pulled it from two different databases, got two different answers. That's not the way we want to report things. So, I know you saw a change in the quarterly reports that came out. We are wanting to get back to reporting on what the standard was that was adopted. Just know we are having some challenges, but we are working with it. So, I will be back in a month to give you an update on that. One of the ones that I'm very proud of and I think if you looked at the city employee survey you saw resoundingly our folks in the Fire Department say we put a high emphasis on customer service. That was our highest score on the city employee survey. That's been that way for a long time and that goes way back to Kenny Bowers, quite honestly, setting a tone, an example for how we do things and that's continuing today. So, the flip side of that is what are -- what do our folks out there in the community think about us. We send out customer survey cards. I have mentioned that before when I have been here. Just an update on that. One hundred percent of the time since I was here last we have met the community's expectations and 87.5 percent of the time they say we exceed them. That's a tribute to our firefighters and really a recognition for them that they are going out and doing things the right way, helping people the right way and folks are feeling good when we leave and that's -- that's sometimes hard, because we are going there when they are not having a good day. So, the fact that we are leaving them and they have a high remarks for what we do, I'm really proud of our firefighters for doing that. Public safety. Emergency preparedness. Chief Lavey and I are working collaboratively with the other city departments to ensure adequate preparedness. A couple of things we are working on. We have the Alert Sense. I know that was mentioned at the city employee meeting. I think somebody updated their information and so we would, again, ask that all city employees get updated in Alert Sense, as the Mayor put it, if we have a bad day and nobody is coming in, you might be here if you're not in that Alert Sense system. So, it's a way for us to notify our employees. IT has done a great job as well putting that out. We are working on some City Hall standing operating procedures when it comes to crisis within City Hall. Medical emergency. Evacuation. Fire drill. Snowmageddon version three. We learned a lot two years ago. We have those plans still that we dusted off every year. We will see if we use them this year. I don't think we are going to based on the weather forecast, but we might. So, the message is if it happens we are going to be prepared. So, we are working on that within the city. And, then, Station 6 update. Chief Butterfield couldn't be here. He's in the PEAK Academy training. But the update for November, the building permit request was submitted on 11/1. The interior finishes selected on 11/9 with a design team. The final FFE review will be done on 11/16 and the update is the design team is on schedule, currently at 75 percent completion of construction document development. I know those have been put out for an initial bid. I received a call from one of the firms that want to bid on it. I directed them in the right spot. So, I know that those -- those bids are out for the construction. So, with that I will stand for any questions. De Weerd: Thank you, chief. Good job. Brief and concise and relevant. Questions from Council? Meridian City Council Workshop November 13, 2018 Page 30 of 58 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Not a question yet, but thank you, chief. Very , very well done and thank you so much for your team and all that you do. A little bit off topic, but my one question is knowing that we have got a team from this area down in California, do you foresee any of ours headed that direction? Niemeyer: Yeah . An update on that. We were scheduled to go. The task force that Meridian Fire was going to send an engine with at the last second had to change. There was another department that couldn't put the staffing together, so our task force -- we actually have two from -- from Idaho going. There is a pretty good chance they are going to call for additional resources. If they do will be ready. This is something that when we can we help. It isn't -- it is something that's completely reimbursed to the city, so it doesn't cost the city. It really depends on staffing levels and availability of resources or our apparatus if we can participate or not. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thanks, chief. That was real good. I do have a question on your inspections. I don't remember the numbers, but you had more -- you had more re-inspections than initial inspections -- Niemeyer: Yeah. Milam: -- and I'm just curious how that happened. Niemeyer: Yeah. So, when we go out and do an inspection if we find -- they term it violation, it's -- it's the term used. If they find a violation they give a notice and they give what needs to be done and, then, they will go out and reinspect it. There are times where you have to go out two or three times -- Milam: Okay. Niemeyer: -- before that thing is corrected. So, that's why the -- yeah, that's why the numbers are up. Milam: Madam Mayor? De Weerd: That is a good question, by the way. We had that discussion and -- Mrs. Milam. Meridian City Council Workshop November 13, 2018 Page 31 of 58 Milam: The only other thing I'm -- so -- and I -- something I haven't seen, but I know you're trying to get a lot of people on with the Pulse Point app. Have you used NextDoor as a resource to -- to get people to sign up for that? It seems like the people that are on NextDoor would be really good candidates for Pulse Point, so -- Niemeyer: That's a really good idea. I don't think we have actually reached out through NextDoor with regards to Pulse Point. De Weerd: I think even if you did it through NextDoor both from the city and the county. So, that's a great suggestion if we haven't done it. Any other questions? Okay. Niemeyer: Thank you. B. Quarterly Finance Update De Weerd: Thanks, chief. Item 9-B is under our Finance Department. Our CFO of the year. You can admit it. They were yours. Lavoie: Well, Madam Mayor, Members of Council, again, appreciate the opportunity to present to you our quarterly update. I understand that we are running a little late, so I will try to make my presentation as quick as possible for you, so you can get out at a reasonable time. So, with that today -- or tonight we are going to present to you our quarterly update for the month of November -- or in the month of November. This presentation will go over the property taxes in the majority of the presentation. We will go over Calculation 101, talk about the levy rate and the history. We will look at the property tax comparisons, where we get our property taxes from. That's the burden. And, then, we will compare our levy rate to other cities and, then, I will give you an update of what we will present next quarter. So, again, I think a handful of you can probably give this presentation, so we will go through this pretty quick. I will just touch on the blue font in there. Again, state mandates how we can collect taxes from property owners. In this case we do have one tool in our toolbox that we can pull and that's the allowable three percent. Everything else is mandated by the state, controlled by the state or the county. The second blue item -- line item there is where the county runs the new annexation and the new construction. They inform us what the value is. So, again, the only lever we thave is that 63-802 three percent allowable. So, again, we will run this -- we will run through this pretty quick. Again, you guys have seen this. We will go through it, though, for the thousands of viewers online. Property tax payments. Again, we have four sections as the property tax calculation. The first one is base property taxes. This is the amount that was collected at the highest value over the last three years. In essence, this is the amount of money that we have agreed to -- or previous Council has agreed to to cover the expenses necessary for the services that are provided in the previous years. So, no thing -- if all things stayed the same, no new growth, no new construction, no new annexation -- I mean just time stood still in theory this amount of money will cover the necessary expenses for the city to provide the services today. Not counting any inflation, but we are assuming no inflation. So, that's what this is. Next section is the three percent allowable. Unfortunately we don't live in Meridian City Council Workshop November 13, 2018 Page 32 of 58 that standstill time, we are ever changing. The three percent allowable allows us to collect money for -- I have used the term cost of doing business. This is going to help us cover the costs associated to benefits fuel costs. Again, it's my approach to this. Again there are different opinions, but this is what I propose that we use the three percent allowable for. New construction. This is mandated -- or controlled by the county and the state. This I propose to you is to represent new growth. We would not have new construction if we did not have growth in its relation. So, the only reason we are collecting this money is because of new growth. So, therefore, we should use this money to pay for the services needed to provide the new growth customers and the same thing with annexation, we would not have an annexation if we were not growing, so I have always promoted use this additional revenue to pay for the new additional growth services needed to provide for the new growth that we are experiencing at the City of Meridian. So, we have four components. The base covers what we are doing today. Allowable covers what we are doing today, but for the cost of doing business. And, then, the last two only associated with the new growth. If we had no new growth we would not have no new revenue. In theory we might not need any new services associated to that. So, those are the four components to the property tax calculation and at the end of the day you add all those up and that's the amount that we submit to the county for consideration for our property tax levy. Now, we are going to put this into work. This is your rate history. This is the property taxes we have collected from the county or from the property taxpayers since 2008. This is our base. So, that's that the first section. This is our base property taxes to conduct the services that we do annually. This is the allowable increase. This is the one lever we have to pull and you can see there is a couple blank areas. Those are the years that we decided not to take any of the three percent and, then, in 2017 we decided to take two percent and not the full three percent. Majority of the time we do exercise the option to take the full three percent. New construction. This is controlled by Ada county. This shows you the increase in property taxes associated to new construction. You can see that during the great recession. It dipped pretty quick. Right now we are in a high growth rate. So, again, enjoy the times when we can. It won't be this way forever. Annexation. As we grow, as we grow, as we grow we are going to have less property to annex. So, this slide here will just continue I think to be on a smaller side as we continue to annex the remaining parcels within the city borders. So, those are the four components that we spoke about previously. If you put them all together this is your total property taxes for the City of Meridian, which is 33 million for the current fiscal year. So, now that we know how to -- we know how much revenue we need, the question is how does the county calculate the levy rate for them to impose on to the property owners. So, we just went over how we came up with the property taxes, those four components, base, three percent allowable, new construction, new annexation. And this is for the most recent fiscal year 2019 it was 30 -- a little over 33 million. So, we send that to the county. The county determines the property tax value. We do not. They determine all that within their assessor's office. You d ivide one by the other and you get what's called the total certified annual levy rate. They just submitted that to us. I believe I presented -- provided you that e-mail last month with the most current rate. So, with that, if we just do the math, again, we started off with 33 million, that's the total property taxes. We add in the 9.62 billion dollars that the county says we have in total property tax value. Meridian City Council Workshop November 13, 2018 Page 33 of 58 As you see it's been increasing for a number of years since the great recession. Again, we take one divided by the other and at the end of the day we will have a property tax levy rate for the city of 3.44, which is, again, six, seven years of straight reduction in levy rates. Mr. B orton likes to point out to me that since he's been on the seat it's gone down every year since he's been here, so thank you, Joe. De Weerd: You're awesome. Lavoie: Yes , he is. Borton: I will take credit for that. Lavoie: So, for that the levy rate for every one hundred thousand dollars of taxable value that you have we will collect 346 dollars from you annually to live in the City of Meridian. So, if you have a hundred thousand dollar home, you're going to pay $28.83 a month to live here at the City of Meridian for all the services that we provide you, if that puts it in a little bit more context. So, again, levy rate 34 -- .0034 for right now. For fiscal '19 taxable property value of 6.22 billion. I just want to point out to you that the relationship is extremely -- is exactly inverse. We don't actually control the levy rate. I think we have a portion of it. Ada county determines the assessment value and in years past during the great recession we actually did not take the three percent in years '11 and '12, if you remember in that previous slide, but yet the levy rate went up. The last four years we have taken a portion of the three percent or two percent and the levy rate's gone down. So, again, just doesn't -- it doesn't make intuitive sense that you take the three percent and the levy goes down, you don't take the three percent and the levy goes up. It's not intuitive. But, again, the bigger factor is actually the assessed house value. That has a larger factor on the decisions that we make today with the three percent. So, again, it's not intuitive. I just want to let you know that there is an inverse relationship and that even though we say we are going to not take the three percent, doesn't mean we are going to lower your taxes. It actually has to do with the house value and the next slide will show you that even though we did not take the three percent in those years, property taxes went up. These are six homes that we compare annually. Again, busy slide, I apologize. Again, if you're the golf course house, again, you're the most expensive house on our analysis, so, hopefully, you're the Old Town house. These are the values according to the assessor's office. The shaded area is the average of all the houses together. So, we can say on average we have about a 250,000 dollar house point in the City of Meridian. You can see one house. I think it's the north Meridian house. Their value went down this year as compared to the other ones. In 2014, '15 and '16 the south Meridian house went down as well, while the others went up. So, really, it all depends on what your house is, but this is saying five out of the six houses went up. Maybe your house is the one that went down. So, the question is how much do we spend in property taxes. This is the property tax line for those houses. You can see the north Meridian house is going to pay less in taxes, but, again, we put a three -- we used three percent. So, again, Ada county had a bigger impact on this decision on the property taxes than we did. The six -- the other five homes, yes, their property taxes did go up, but, again, it's just an example that even Meridian City Council Workshop November 13, 2018 Page 34 of 58 though we took the three percent doesn't mean every single house property taxes went up. In this case theirs is going to go down. In 2011 and '12 we took the -- we did not take the three percent and you can see everybody's property taxes went up. In 2015 and '16 and '17 one house had three years of straight declines in property taxes, even though we increased the property taxes three times. Again, Ada county has a bigger impact in the decisions or the property taxes that the residents pay than we do with our one lever that we pull and that's the allowable three percent. Again, just give you a little bit of context of how it works. Property tax burden. Probably not going to be a surprise to you, but the majority of our property taxes do come from residential and multi-family. You can see the different property burden payers of commercial number two, residential is number one. Put it in a different perspective for you, the most recent year that we are going to be looking at, 65 percent of our property taxes came from the residential and multi-family, which isn't a surprise with all the single family homes and multi-family units that we have been approving. As soon as more commercial gets developed, again, you can see commercial had a little bump in 2011 -- 2011 at 36 percent, but, again, this is related to the amount of new permits and new construction developments that we are approving. I don't see a change in this. If anything I see property taxes paying more and more if we continue to add more multi-family units and more single family homes going forward. Sorry, I'm going as fast as I can for you guys. General Fund tax levy comparison. This is something we do every year in May 2019 I will update this again. The City of Meridian currently resides at point -- the fourth lowest of the cities that we compare. You know, our closest neighbor Boise, they are almost seven -- almost twice as much as us. Luke last year asked me is this apples to apples. It's impossible to do apples to apples, but it's maybe an apple of one variety to an apple of another variety and what I mean by that is what we do -- this next slide here is a lot of information. I will try to go through it real quick. But this is the data file. What we do is we determine what we call the General Fund. The City of Meridian has one actual levy. We have Fire, Police, Mayor's Department, Finance, Parks and Recreation -- that is all embedded in one levy. You will see some cities actually have a recreation levy. Some cities have a police retirement levy. Some cities have a capital improvement levy. Some cities have a -- unfortunately a tort levy. Some cities have a fire department override levy. We have one levy and what I try to do is I try to compare our one levy, which is that line right in the middle that's shaded, that's what this slide represents. I'm trying to do apples to apples. We, again, put everything into one levy rate. All those other cities began to use multiple levy rates to get the job done for their General Fund. If I actually included that bottom line, we would look even better than all the other cities combined. Again, if you add up these four -- those three cities to the left of us, I think they have a total population of 60,000 combined. Again -- so we are -- we are by far the -- if you compare the 110,000 to their three combined 60, we are doing amazing for what we are doing. I think 344 dollars for a hundred thousand square feet -- or for a hundred thousand dollars of taxable value for what we are doing compared to our neighboring cities in the state of Idaho -- again, I think what we have done here at the city is pretty amazing. What you're asking your employees to do is pretty amazing. Again, for a full service city with one tax levy, as compared to some have nine, we are doing pretty great. Again, we update this annually. Happy to share it with you. Again, this puts it in perspective. Luke asked about this last year. You know, where are the details from. Meridian City Council Workshop November 13, 2018 Page 35 of 58 Association of Idaho Cities actually does this for us. We just put it in the report. So, again, that's the levy rate comparison. This is just a quick idea to show you what portion of our property taxes make up our total General Fund. Sixty percent this fiscal year. So, an important piece to the pie. Again, we want to manage this correctly and prudently. Finishing up here for you guys. So, what we have presented, Tax Calculation 101, history comparison, burden comparison. Next presentation in three months, four months 'ish we are going to give you actuals versus budget. We will have the fiscal year audit done. Changes to fund balance. Some ratios. Top five revenue. Top five expenses. With that I will stand for any questions. De Weerd: Thank you, Todd . Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I always love all this nerdy number stuff. So, just to clarify -- and you did a real good 101 understanding of how the levy works, so I get that. So, I guess the only question would be -- the only way taxes -- or the levy rate is really going to go up is if our property value goes down. So, if we increase it -- we don't take the three percent year after year after year and, then, the market crashes and we are still asking for that same amount of money, but divided by a much -- much smaller number divided by it, is going to make the levy rate go up; right? Lavoie: Madam Mayor, Council Woman Milam, there is no guarantee to that. It all depends on the other factors. If you add another Village in during that specific time frame, if you add another large -- maybe a medical school at that exact time -- there is too many variables. If you're looking at this slide on 2010, '11 and '12 during the great recession, we all know that our value -- house values went down, but this here is your property taxes annually paid. All your taxes went up, even though we did not take our three percent. So, again, there is other variables. There is no way to guarantee by us standing here and telling the citizens we are making a statement that if I don't raise taxes -- or if I raise taxes I'm going to guarantee you lower taxes or if I don't take taxes I guarantee you -- there is no way for us to guarantee that. Milam: The growth factor. You lose if you don't -- because you don't grow the value -- that it's just a matter of math. Lavoie: It does matter in math and I think Ada county has a bigger factor in it than our decisions with three percent or not three percent. Again, this slide shows that if we didn't take the three percent in those two fiscal years, property taxes still went up, even though we thought that, you know, making the good claim that we are not going to take property taxes -- or three percent, their taxes still went up year over year, as you can see from this slide. And, then, in the years that we thought, you know, by taking it some of them went down. So, again, Ada county has a bigger decision on this, the values, than our three percent decision. Sorry to not be able to give you that simple answer Meridian City Council Workshop November 13, 2018 Page 36 of 58 that, no, we cannot guarantee anything. There is too many variables involved. But appreciate the question. De Weerd: Any other questions? Thank you, Todd. Lavoie: Thank you. C. Information Technology: Security Awareness Training De Weerd: Okay. Next up is Information Technology. IT. Cyber Security Month was last month and this is a follow up to that. We have been doing training and we are hoping Council will participate. Tiede: Madam Mayor, Members of Council, thank you for having me here today. So, yes, that's what we are here to talk about is security awareness training. That being said, I will jump right into this and I will be brief. To give you a little background, a couple of years ago we did a cyber security assessment with a third-party contractor and one of the findings that they had was that we need to beef up our security awareness training. Cyber security is our shared responsibility, as we talked about last month during our proclamation. For our organization that includes every employee. So, training these employees is key. As you may or may not know, many of the data breaches that happen in our world today are not directly related to the technology we are using, but the people that use that technology. So, we started this program last year with all city employees and this year we want to make sure that we include our elected officials. So, that's why I'm in front of you today. So, just a little bit about the program. We engaged with a partner called Nova4 and they are a cyber security awareness training provider. We had sent this out again to city employees. They are doing this. What we are doing this year and we will continue to do these annually is a 30 minute training session. It's web based. Take it online from anywhere. It can be completed in - - over the course of multiple sessions or you can get up and leave and resume it later if you need to. You don't have to complete it in one sitting. How it's kicked off is you will get an e-mail like the one in front of you where you will click on a link, login, they will ask you to create a password and, then, you will start the training. You have six weeks from the time we kick it off, which I plan on kicking it off this evening. So, six weeks to complete it and we would greatly appreciate your participation in this program. This is kind of what it looks like when you get into it. It is very much interactive. There is places where you can click on. There is little video clips. And, really, it talks about the areas that are happening to people across the world every day. So, with that I will stand for any questions. De Weerd: Wow. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Workshop November 13, 2018 Page 37 of 58 Milam: Thirty minutes in six weeks. It's kind of a lot to ask. Sorry. Tiede: I understand time is precious. Milam: Yeah. Get it done. De Weerd: Five minutes a week. Five. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: You said you appreciate our participation, but this is -- this is mandatory. We don't -- Tiede: This is participation that we would -- yes. Borton: We shall -- Tiede: We want all city employees and elected officials to participate in this training on an annual basis. This is part of our -- how we are mitigating our risk as an organization for the information that we hold. It's our organization's information, but it's also our citizens' information and if we -- if we don't take practical steps to do that, then, we are putting them at risk as well and that's not a place we want to be in. So, we feel it's very important for everyone to participate. Borton: Get it done. De Weerd: And it is really fun. Thank you, Dave. Tiede: Thank you. D. Mayor's Office: Ordinance No. 18-1796: An Ordinance Amending Title 1, Chapter 8, By Adding Article E : City Human Resources Director And Sections; 1-8E -1: Appointment; Term Of Office; And 1-8E -2: Duties [Action Item] De Weerd: Five minutes a week. Okay. Item 9-D is under my office. In front of you, Council, is Ordinance 18-1796 and this is an ordinance that essentially amends something that we -- let me give you a little history. So, when Jaycee Holman left as the support service director, we had all of the support services under that one single person. That was IT, HR, the city clerk, as well as Finance. I brought back to you last year a recommendation to appoint Todd Lavoie as our support services director slash CFO and I did peal off HR to be a direct report as a department manager and -- and with the premise that it would be reevaluated after a year. I know many of you supported the HR director being -- or HR being a director role, because of the Meridian City Council Workshop November 13, 2018 Page 38 of 58 independent position it can be as a director. I wanted to give time to do that transition from tactical to policy and from day to day to strategic and have come back to recommend that this position transition back into a director position that it once was before we split it off to support services. Now, I do agree that the independence the position as director in that HR realm does need that level of position and so I'm seeking your approval of Ordinance 18-1796 and I would entertain any questions. And I guess if we do have a motion to approve it, we would need to have it read in its -- by title. I was not going to say read in its entirety. I almost did. Let me have the clerk read this ordinance first by title. Bernt: Okay. De Weerd: Okay. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1796, an ordinance amending Title 1, Chapter 8, by adding Article E: City Human Resources Director and Sections 1-8E-1: Appointment; Term of Office; and 1-8E-2: Duties. De Weerd: You have heard this read. Is there anyone who would like to hear it read in its entirety? Seeing none. Bernt: Mayor, I move that we approve Ordinance No. 18-1796 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Just wanted to kind of explain my vote a little bit. I -- just to simply say that I don't feel that I have got all the information I need to feel comfortable making the decision today. De Weerd: Okay. Any other discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. E. Mayor's Office: Appointment of Crystal Ritchie as Human Resources Director [Action Item] Meridian City Council Workshop November 13, 2018 Page 39 of 58 De Weerd: And I would also just talk about the timing of this transition from manager to director. As I mentioned in my comments, it was to be reevalutated after a year, which is right now, and it also makes sense to keep it as part of the new budget year, as well as the evaluation period. So, Item 9-E is the appointment of our current HR manager Crystal Ritchie as the Human Resources director. I would stand for any questions. I kind of explained why in my last statement. If there is no questions I would entertain a motion. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we appoint Crystal Ritchie as our Human Resources director here in the City of Meridian. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just real brief. I'm certainly supportive of the motion and just wanted to compliment Crystal. I know she's going to rise to the occasion, the responsibilities of this. Among her many talents I think is a -- a pretty fierce independence, which this position requires and to make tough calls and tough decisions and -- and to lead, even if it might not be the most popular thing to do, but it's the right thing to do. So, that is a critical element for this position to be successful and I think it's a critical skill set that you possess and will carry forward going forward to be successful. So, amongst many other reasons that's one that certainly makes me want to support this appointment at this time. De Weerd: Thank you, Mr. Borton. Anything further from Council? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: Crystal, would you like to make any comment? I might even take a picture while you're standing there. Meridian City Council Workshop November 13, 2018 Page 40 of 58 Ritchie: Madam Mayor, Members of Council, first of all, it's a great honor to stand here in front of you after such an appointment, so I very much appreciate that. I want to thank each of you for the trust that you have placed in -- into me tonight. I look forward to continuing to lead and partner with the Human Resources Department. I have stood before you before and said they are an amazing team and an amazing staff and I couldn't do what I do on a daily basis without them. So, thank you guys and that they are here tonight. I certainly look forward to continuing in this capacity and moving the City of Meridian forward, supporting the Human Resources team, supporting the city employees and serving the City of Meridian. Thank you. F. Benefits Committee Presentation De Weerd: Thank you, Crystal and congratulations. Okay. It's a good thing that we had that before the benefits committee presentation. Welcome, Christena. Barney: Good evening, Madam Mayor, Members of Council. Thank you for having us this evening. So, Christena Barney. I know you all are aware of who I am, but I do want to introduce Shelli Stayner from Mercer. She is going to co-present with me today. We are going to try to make this brief. I did provide materials to you already. The presentation. All of the materials that you're going to see tonight are in that. I will say it is an abbreviated version, so it is not the full packet that you received. Okay. So, we are just going to highlight some points that we want to make tonight. Okay? So, tonight we are going to go over benefits strategy, some basic concepts, self funding. So, this is just an education piece that we are bringing forward to you tonight. We wanted to provide some education on benefit funding mechanisms, kind of what the benefits committee has done, what we have vetted out, bring that information forward to you. Some cost analysis, an overview of pros and cons and activity that the benefits committee has done, some benchmarking information, compliance, registration requirements, constraints and some options that we have available to us and, then, next steps. So, just briefly I wanted to introduce to you the benefits committee. I talk about the benefits committee and I have been before you and mentioned them, but just as a visual this is our benefits committee. De Weerd: I think Todd looks hot. Barney: Stunning picture. So, we meet monthly for an hour and a half to discuss our benefits plan, our strategy, these funding mechanisms, what our benefits look like, how we roll it out to our employees, all of the information you received in your packet, all the information we are going to go over tonight is things that we have met, we discuss in depth. Every -- every decision we make is not one we take lightly. We go through a lot of information, a lot of data. We study trends. So, anything we bring before you just know that there is a lot behind anything that we bring in front of you. This last year I really wanted to kind of pull back the benefits committee. We meet monthly, but it's kind of one of those things where, you know, we -- we do it because we have always done it, so I wanted to kind of give our committee purpose again and why -- why are we here, Meridian City Council Workshop November 13, 2018 Page 41 of 58 what -- what is our purpose. Why do we do this and how do we make decisions as a benefits committee. So, we did a guiding principles activity this last year. How do we make decisions? Why do we make these decisions? What impact did they have? And out of that activity we came up with these guiding principles. Our benefits program compares favorably to competitors. That was a major one for our committee. That they are financially sustainable. So, we are looking at, you know, those cost factors. That we have affordable offerings. It's great to have offerings, but are they affordable, not only to the city, but to the employees. Is it user friendly? Do they -- do we promote healthy behaviors? Our wellness program. Do we advocate those types of things? In doing that activity we identified business priorities, cost priorities, and, then, also employee priorities. So, these were key components and each one of these factors that kind of helped us build those guiding principles. You know, why do we do what we do. What are the priorities in each of these sections that determine where we need to go, what we need to focus on, what are the important things that we are doing here. So, I'm going to let Shelli talk more about kind of the statistics, the analytics, and those types of things. Stayner: Okay. Thank you. Again, Shelli Stayner with Mercer, the acting benefit consultant on behalf of the City of Meridian. I'm also the office business leader here in Boise. But as Christena said, we have -- we have had lots of conversations with the benefits committee, with Christena, with Crystal and with others in conversations about fully insured programs versus self funding and maybe all things in between. So, just looking at this slide is just giving you an idea of the risk continuum. On the far left-hand side we have a fully insured plan. Nonparticipating just means that the rates are the rates, has no emphasis based on experience, followed by fully insured participating means experience rated. So, claims experience is how the premiums are -- are, in fact, set. Minimum premium really is something in between, between fully insured and all the way to self funding. Self insured with stop loss, that really -- for the City of Meridian, if you were to go self funding, would always be self funding with stop loss. In most cases even very, very large employers are stepping back from true self funding and purchasing the different levels of reinsurance, just for security and risk mitigation and, then, looking at that at the bottom you really are talking that although you have a fully insured plan, you don't have a lot of flexibility whether it's a Blue Cross of Idaho or Regents or any other carrier doing business in the state, you really are pretty well told what the benefits will look like and you choose the programs that make the best sense for your population. Versus -- excuse me. Versus all the way over on a self loaded plan, quite a bit more flexibility in what you can and can't do. In looking at that, I think the one thing I would tell you that's really quite important here -- and, again, same risk continuum, fully insured all the way over to self funded without stop loss -- is you will note that the expected claims amounts don't really change a lot. What you're really seeing is things like retention, pooling, claims margin, those concepts and, you know what, we are going to look at those a little bit further after Christena has a couple other pieces of this. We will change again -- and, actually, I'm sorry, I'm going to take a drink here. So sorry. Meridian City Council Workshop November 13, 2018 Page 42 of 58 Barney: Shelli, I'm going to jump in really quick, just so that we are on the same page. Currently the city is fully insured, so fully insured and, then, we are looking at a funding mechanism of self insured with a stop loss is kind of what the benefits committee -- kind of what we are proposing. We are bringing some information to you about that as an -- as a possible option. Stayner: So, very quick version of education. So, hopefully, you all are professionals on this once we finish up, but in the big scheme of things when we really look at -- especially healthcare. Healthcare and, then, maybe add in dental and vision benefits. But there really are two major alternatives. Fully insured versus self funded and, then, again, I mentioned something in between. You know, we have talked about with the benefits committee with the City of Meridian and now to you all is that there is no perfect right or wrong way. There is advantages, disadvantages both directions. However, overall in most cases employers with a hundred, two hundred plus employee lives, usually over a three to five year period of time, will come out the winner when it comes to fully insured versus self funded claims management. On average -- and, again, let me -- let me preface this, that this is the typical 49 percent that we are talking about here. It's not specific to the City of Meridian. What we are saying is really across the board. The typical employer moving from a fully insured environment to a self funded environment will usually see on average four to nine percent in savings. A lot of that is going to come in the fixed costs, cost of administration and some of those pieces and, then, you know, the key is is that the -- any employer -- the City of Meridian does take on a little bit more compliance, a little bit more risk than you do see on a -- on a fully insured plan and looking at that, again, the plan sponsor, which would be the City of Meridian, in the self funded arena, really is -- you're paying claims, but from your employee population point of view they really don't see any difference in the way a plan works. It really is how the plan behind the scenes is being funded. There are things like bundled versus unbundled, meaning that you could actually self fund with someone like the Blue Cross of Idaho now and they combine all aspects of the program all in one versus -- I'm so sorry -- versus the other side of that is the potential to have a TPA, a third party administrator and, then, bring it all best class services to the table. So, again, the neat thing for the city or any employer that's -- that's self funding is you have additional or even more opportunities than you have in just a straight fully insured environment. And then -- then the key is is, you know, we mentioned you would never want to be self funded without reinsurance and that definitely is the case. So, for the City of Meridian you would purchase on -- on behalf of mitigating that risk is specific reinsurance, specific deductible meaning it protects you from the risk or large claims on any one person. So, maybe that amount is 150,000 dollars, meaning the city would potentially pay claims up to 150,000. Anything over and above that -- it could be a ten million claim and the carrier, who was chosen or, basically, is your partner of choice is the one that would pay those claims over that dollar amount and, then, the wonderful thing is you can also mitigate risk on the entire population. That's called aggregate coverage. You know, so truly you're going into a self-funded arena knowing what your risks are, in fact, going to be. Claims overall are up and continue to go up. But, again, we are setting numbers both in individual worst case scenario and total group worst case scenario for budgeting purposes. You know, these items here on the self funded Meridian City Council Workshop November 13, 2018 Page 43 of 58 analysis are things that we have looked at over and over and so just to give you an idea of what goes into consideration when you're looking at a self funded plan, you know, reviewing the financial and administrative considerations, you know, we have -- we have looked actually over a ten, 15 year period of time and you are going to see fluctuating claims, fluctuating experience or claims risk. Understanding your risk tolerance. Understanding the difference in potential banking arrangements. Things are a little bit different. Again, today you pay a Blue Cross of Idaho a premium. They pay claims. They do any and everything for you. Christena has a lot of interactions, especially when it comes to maybe questions your population might have, they act as the customer service, the call center, all of those things and the banking piece does take a few extra - - extra steps. State mandates increase internal administrative costs. We have had conversations about that. The typical employer does not usually see a lot of increased administration services, especially because you're usually purchasing or buying services from an administrator like the carrier you have today, maybe a Blue Cross of Idaho, and, then, evaluating your claims experience. You know, we do that monthly. We do that quarterly. We have looked at that year over year. Utilization patterns. We look at those kinds of things as well. Large claim impact. That is -- that's something that -- that plays into this, because the rates for that specific deductible are based upon potential large claims and, then, stop loss centers of excellence are just different ways of buying reinsurance, looking at your admin fees, network discounts potentially. We have not gone to that extent, because we have not made that firm or the city has not made the firm decision to move forward on self funding at this point and, then, just looking at the actuarial models and making sure that statistically and actuarially it makes sense for the city and, then, just truly comparing a fully insured to self funding and does it make sense for the City of Meridian. Just to kind of give you some additional inside information or background here, when I mentioned the term fixed cost, these really are the dollars that the -- today the carrier will keep for the fixed cost portion of the plan and that is administrative charges. Network access, which really is paying -- paying for the provider access and the discounts you receive within those programs. In a self-funded world you actually can choose to use a different utilization manager or disease management. In most cases when we use the term bundled you're getting all services from one carrier and, then, we look at the thing -- risk charge. State premium tax. The ACA fully insured fees. And, then, just carrier profit. One thing about the -- the self funded arena is that you pay state premium tax only on the cost of reinsurance, which is going to be, you know, probably 1/15th of -- of your total plan cost and, then, the ACA insured fees, you know, they -- they went away in ' 17, they came back in '18 and now they are on a moratorium again for '19, but the potential is -- and kind of the claim is that they will be back again for the plan year of 2020. Any questions on that at all? I know we are kind of racing through this. So, quick education. You know, we -- we did a quick little analysis and looked at fixed costs we just explained. And, then, reserves, which really is setting dollars aside to pay for claims that have been incurred, but not yet paid and, then, just looking at potentially -- and this is based on 2019 information for the City of Meridian. Very high level. This is -- this is not getting into the weeds, but in fixed costs you're going to see that about 15 to 20 percent of a plan's cost in that insured arena is for the -- the fixed costs, administration and these different fees that we have talked about and we are going to stick in the fully insured column for right now, but Meridian City Council Workshop November 13, 2018 Page 44 of 58 quoted fixed costs, for example, behind the scenes, the City of Meridian pays a little over 500 -- 520,000 dollars almost or 11.2 percent of your total cost is paid -- basically paying say a Blue Cross of Idaho to adjudicate your claims, take care of the customer service, do all those things for you. A pulling point, which is really very similar to what I mentioned specific deductible pulling point is, again, limiting your risk to a certain dollar amount. That basically the cost you have behind the scenes today is about 163,000 dollars or three and a half to four percent of your total cost. The healthcare reform, the ACA fees, are approximately just under 190,000 dollars in -- in costs and, then, we have the reserves. Those reserves are collected by the carrier, held by the carrier and set aside to pay claims and, then, the claims themselves basically you are pushing fixed costs and claims dollars to the carrier. They pay what's there and if there is -- your claims experiences as the City of Meridian is better than what has been predicted or collected, then, it is profit to the carrier. Period. Okay? So, there is no monies coming back to the City of Meridian. Borton: Shelli? Stayner: Yes. Borton: Can I interrupt you real quick? Stayner: You bet. Borton: The difference -- the quoted fixed costs under fully insured versus self insured vary by about a hundred thousand. Does that correlate to the difference at the very bottom or -- Stayner: Well, it does and, actually, the very bottom really is the projected claims cost. Borton: Right. Stayner: The differential is there. What you will usually see is with claims costs there is not as much of a tremendous difference. Where you start seeing claims cost or savings come into are the unique things that you can do to try to help manage the claims. Maybe do some additional things with wellness. Do some additional things with disease management or point solutions, which is things like supporting your population with disease, like diabetes or weight management, some of those kinds of things. So, really the -- the bottom bottom number is about claims cost. What you're going to find is -- is interesting. In the self insured world you will note they are right in the middle. The quoted fixed cost is things kind of flip flop. Okay? And what you're going to see is in a self-funded plan the cost of administration is only a couple hundred thousand dollars or 198,000 dollars in expense for about four percent of your total and, then, on the self funded or the cost of reinsurance is that 502,000 dollars or 11 percent. So, you will note, they -- they pretty close to flip flop when it comes to those fixed cost numbers. Okay? The biggest difference is that the reserves, those additional dollars that you send to the carrier, a Blue Cross, are retained by the City of Meridian and really in your Meridian City Council Workshop November 13, 2018 Page 45 of 58 situation by the trust, because of the registration requirements for the Department of Insurance and, then, the plans expense -- additional expense is limited to your claims. Okay. So, really based on those fixed costs that we see there in the middle and the cost of your claims costs. Those are your total expenses, you know, so you're not seeing those additional levels of margin or profit or the needed dollars that the carrier collects today. More of a transparent approach I guess I would tell you. Christena -- Christena is going to talk about pros and cons and let me say I hope you also had a chance to look at some of the additional information, kind of a quick -- kind of a quick education to try to understand all this in a matter of few minutes, but -- Barney: All right. So, as I said, all of this information that you have in front of you, which is a much larger slide deck, has been what the benefits committee has been going through -- through for the last couple of years. We are trying to download a whole lot of information to you in a matter of a few minutes basically. But we did do an activity through the benefits committee looking at the pros and cons of the self-funded plan as it relates to the City of Meridian. You know, is this something that would or could -- should the City of Meridian consider and in going through this activity I will say there wasn't one -- not one glaring thing that said absolutely not, we should not do this as a city. If there was I wouldn't be standing here in front of you today. That being said, like -- like Shelli had said, there is pros and cons to each one of these different funding mechanisms. You know, the cost of administration and the stop loss flip flops when you go to self insured. But you gain the flexibility of doing these different things, investing in your wellness, investing in disease management, which we don't have the option to do today and so another thing that we looked at, but another piece of this vetting process is we looked at other government agencies. So, Mercer provided this information. If you look at the very bottom bar on here, city governments with employees of 500 -- or 500 or more, which we are right there -- and the information for -- for 499 less is really similar to this as well, but 77 percent of those are self funded. So, that was really powerful information for me and for the committee to see as well and of those, once they go to self funded, they stay there. They don't move back to fully insured and there is a reason that they do that. It works. It works well. They have the flexibility, they are able to meet the design needs of their benefits plan, they are able to retain any of the profits on the good years, they are able to fund those bad years. I just wanted to put a slide in here. There are additional compliance considerations when we are moving to a self-funded plan. A lot of these components we currently do, but the exposure piece, that far right side flag, those are all tied to self funding. We are aware of these. These are things that if the Council decides that we want to move in this direction, we have in the forefront, we know what the compliance measures are we need to take moving forward, just wanted you to be aware that those have been a consideration. If we decide to move this -- this forward, the registration requirements are, first, the application with the Department of Insurance. The benefits committee has met with the Department of Insurance, which we actually got kudos from them. They have not seen a city actually do that before the registration process. We were very inquisitive and had them come in before. We wanted all the information. We wanted to ask questions and they kind of applauded us on just getting the facts before we even came to Council, before we even made this decision. But we wanted to know what were some of the pitfalls. What were Meridian City Council Workshop November 13, 2018 Page 46 of 58 some of the things that people see. Do we often -- do they often see people go flip flop back and forth and the answers were no. On rare occasions, you know, they -- cities get into situations where they don't have the funding, but I don't see City of Meridian getting into that situation. We have balanced funding here. I don't foresee that being an issue. However, we wanted to have that conversation. Finance and HR also met with the city of Boise and city of Caldwell, who are self funded and asked them, you know, okay, how did you go through this process, what -- how did you make this decision? Would you ever go back? Would you encourage us to do that. And the answers were, yes, you know, we would encourage City of Meridian to do this. So, again, why we are in front of you today. So, why -- I was in front of you two years ago bringing this information forward, kind of giving you some information on self funding. Why am I in front of you again today? We have some constraints in our benefits program. We are doing a benefit valuation this year, which I would imagine is going to come out with some results that we -- that's going to show we have some constraints. But we are in a hugely competitive job market; right? Now we have many generations in the workforce that vary in their opinion of what their benefit plan should look like. What's important to them. We don't have the ability to be flexible on our benefit -- benefit options, because the vendors are telling us what our benefits look like and what we are going to pay for those and we don't have the ability to compete in a lot of our voluntary or alternative benefits, because of those restrictions. So, possible options. If we decide to go with the self-funding mechanism it kind of opens the door for us to explore some of these other options, enhance benefit offerings, concierge services, holistic, wellness, adding additional services to our benefits, providing a premium holiday. If we run really well, which I am excited to say we are running really well again this year, fingers crossed, knock on wood, we could possibly be in a situation where we could give premium holidays to our employees and we are not currently in a situation where we have the ability to do that. So, just exploring some of those other options, this would allow us to do that. So, next steps. I will stand for questions of course, but we will be back in front of you on the 27th with a formal recommendation and, then, hopefully, get some action from you as to what direction to move forward. De Weerd: Thank you, Christena. Barney: Absolutely. De Weerd: Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Christena, so if we decide to go that route, then, who does all of the administration? De Weerd: That is an excellent question. Meridian City Council Workshop November 13, 2018 Page 47 of 58 Little Roberts: And how that lands on your plate? Barney: That is a very good question. Madam Mayor, Council Member Little Roberts, so it is a combination of our benefits broker, a third-party administrator, and, then, likely the Human Resources Department. We are bringing on a new person and have included some language in the job to, hopefully, bring someone on that has some self- funding experience, so that they can help with the administration of this if we decided to go this route. If not, great, they have it and if we ever in the future decide to go that route, we can. We lean a lot on our benefits broker to provide the actuarial services and those types of the compliance -- the registration with the Department of Insurance, those types of things. So, it's a -- it's a partnership between the city, our broker and possibly a third-party administrator. De Weerd: And so you would bring any associated costs back with a recommendation? Barney: Absolutely. De Weerd: Any other questions from Council at this point? Borton: Madam Mayor? De Weerd: Mr. B orton. Borton: So, if the decision is made today, we just decided we are going to roll out this self funded, stop loss program, what's the chronology of events as far as the year that it is actually implemented and it begins? Barney: Madam Mayor, Councilman Borton -- De Weerd: Another excellent question. Barney: So, we -- it's approximately a six month timeline that is -- could be considered somewhat aggressive, depending on internal resources. We don't currently have our new person hired, so we are looking possibly, if the Council wants us to go in that direction, for 2021, just to make sure that we have resources in place, that we have this well planned out, that we complete all of the registration process through the Department of Insurance, we have the funding mechanisms in place, will be in front of you many more times with the funding, the reserves, all of the different components to make sure that this gets put in place and put in place properly. Borton: Madam Mayor? De Weerd: Are they -- are there exit routes along the way as you start to -- to further delve into this and say, oh, whoa, we didn't know that. Are their exits? Barney: Absolutely. And I will let Shelli talk more. Meridian City Council Workshop November 13, 2018 Page 48 of 58 Stayner: Yeah. Madam Mayor, I would say that, you know what, in most cases you're -- you would be going into this eyes wide open, both from a financial and from an administrative point of view. You can always step back and step away, but there really should be no surprises. I think the -- you know, the Department of Insurance, the steps that have to take place from a registration requirement, are all drawn out, you know, so we have -- we have supported other cities. We have done this before and so, you know, some of the things that -- that probably up front are going to be a little bit more time consuming, is that a trust has to be set up. You have to decide who are going to be trustees of the plan. So, those are -- are two of the ones that aren't normal things that you do today. But, otherwise, when it starts coming down to numbers and projections, those are things that we do today anyway. There might be a deeper level of say marketing when it comes down to let's look at our fully insured options for let's say 2020, fully insured versus self funding, but -- but that's all kind of the process that we deal with today and so even this last year we have looked at numbers from a self- funded point of view, so it really would be looking at those and making a decision on what makes the most amount of sense. So, there are some of the things that -- that the department will require. Things we would want to start on early, but -- but the overall pieces of what takes place or a lot about what Christena and the benefits committee and others do today. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: What's the role if -- if you go this route and there is a third-party administrator, is that an entity different than Mercer and, if so, what, if anything, does Mercer still have to do? Stayner: Yeah. Mercer is still -- or would be your acting benefit consultant. So, we are helping make decisions, we are helping go to market, find the most appropriate and negotiate the most appropriate rate for -- and when we use the term third-party administrator, for example, you could say, you know, what we're going to go self funded, we are going to go with Blue Cross of Idaho, they really are and, then, become your third-party administrator. Just a different terminology. You really would, then, have an administrative service agreement with them, versus a fully insured agreement like you have today. So, most of the services they do, if not all the services they provide the city today, they would provide tomorrow, just the biggest difference is just the funding mechanism behind the scenes, you know. So, your population, if you -- if you didn't tell them you were doing this, really wouldn't feel or see anything different, you know, unless you wanted them to know that and, very honestly, that's -- that's kind of a good thing is helping the population know that we are all in this together. So, whether it be wellness and changing of lifestyles, you know, all those things help bottom line experience, which means managing costs on behalf of the city. Meridian City Council Workshop November 13, 2018 Page 49 of 58 De Weerd: So, we would put that out for an RFP then, or an RFQ? What is the process? Barney: Well, we currently have brokerage services in place. We currently -- we would use our brokerage in place I would imagine. De Weerd: To be the third-party administrator. Barney: Well, we currently have a process in place for our benefits administration. We do tri-annual marketing and actually this year is our third year, so we would market this year. De Weerd: Which means an RFQ? Barney: Mercer handles that process for us. It doesn't actually go through the city for our benefits administration. They do all of the marketing, all of that for us, and all the negotiations. That's part of their role as our broker. De Weerd: But we still have state code to follow, so I would imagine we would still put it out for -- for our benefit package -- our actual benefits packages? De Weerd: No. No. No. For the administrator -- Barney: Oh. De Weerd: -- the third-party administrator. Barney: Yeah. We would follow any RFP or RFQ process -- De Weerd: Okay. Barney: -- through our purchasing program, yeah. De Weerd: We got there. Thank you. Barney: Yeah. Sorry. Borton: Madam Mayor? De Weerd: I wasn't very clear. Mr. Borton. Borton: One other final question. Was the -- the recommendation from the benefits committee to us unanimous or is there a dissenting view or a different perspective that would be helpful for us to hear in consideration of what to do? Barney: It was not unanimous. Meridian City Council Workshop November 13, 2018 Page 50 of 58 Borton: Would it be helpful for us to -- I don't know who or how it's not unanimous, but if there is some alternate view that has specific concerns, would it be beneficial for us to hear those thoughts? And I'm not trying to be divisive at all, but -- Barney: I think there is a difference of opinion, so I live and breathe benefits, so I understand different trends -- Borton: Uh-huh. Barney: -- and so when you look at comparative data -- I look at two to three years of data and so when I look at the data, I'm looking just at two to three years and if I look at two to three years, we would be in a very positive situation, like two million dollars positive situation in our trust right now if we had gone self funded two years ago. But you have analytical personalities that are on the benefits committee and they want to look at ten years worth of data. Well, a lot has happened in our healthcare and in the market in general over the last ten years. So, it -- it isn't apples to apples in my eyes to compare that data. If you look at that data we might have been 200,000 dollars in the hole, if we compare that data, but if we had gone self funded ten years ago what I have tried to explain -- we would have made changes to our benefits plan or structure the offerings to offset that loss, so we would be in a completely different situation. So, now we are -- now we are basing the numbers on assumptions and now we are looking at assumption data, which isn't really accurate data in my eyes. So, it's just a difference of opinion. Borton: Okay. Madam Mayor, I -- the reason I ask -- I think that's helpful to hear. I assume there was healthy debate over the years amongst the committee with that, but it sounds like from what you said there is the -- the breadth of the risk that the city might take on with regards to volatility and claims from year to year, there is a difference of opinion in how broad that could be. The -- the swings could be wilder, perhaps, some people think than others. Barney: Yeah . I think that's safe to say. But as Shelli said -- I mean we have -- we have individual stop loss and we have aggregate stop loss. So, there is budgeting components to this where we can say in any given year we are not going to exceed this amount and we can budget to that and, actually, Department of Insurance requires that we do that and we set up a reserve to cover for worst case scenario and so there is measures in place to ensure that we have enough funding in that reserve account to make sure we cover worst case scenario. Borton: Madam Mayor? Does the concept of the stop loss ensure those worst case scenarios and capture the most extreme or is it the reserves that do it? Barney: The stop loss -- so, individual stop losses -- say we set it at 150,000, we are going to claim that's 200,000. The city pays claims up to 150 and, then, the administrator, whoever we contract with for that stop loss coverage, pays anything in excess and we also have that for aggregate for the -- the entire city. So, I don't know, throw a number out there, 500,000, if that's our aggregate, we pay up to a hundred -- or Meridian City Council Workshop November 13, 2018 Page 51 of 58 500,000 and, then, the carrier pays in excess of that. So, we can budget to what our stop loss -- our individual and our aggregate is and know what those numbers are and be able to budget for those and that's -- that's the job of the trust to make sure that they are funding to those levels. Borton: Madam Mayor? One other. Does the recommendation today come forward to not only go this way, but to also know the cap of where you would think we should place a stop loss or are we not there yet? Barney: So, today is just education. On the 27th I will bring a recommendation with more of that information and -- and I can certainly bring reserve amounts and things like that back. De Weerd: Mr. Palmer. Palmer: Madam Mayor, I really appreciate when Councilman Borton asked you about the differing opinions that -- just the straightforward here is where the difference of opinions were, rather than giving some kind of political answer. That was awesome. But -- Barney: I like my job, but -- Palmer: That was perfect. That's -- wish everybody was that way. But I do have a question. So, the stop loss premiums, are they fairly consistent or if we are were to have a particularly bad year could that swing big -- in a big way I guess? Barney: And, Councilman, that's a great question and I would say what -- what's very interesting is if you think about the scenario today, fully insured and you're participating and you're experience rated, if you have a really bad year you're going to have an extraordinary increase and the biggest difference on fully insured versus self funded, if you have that bad year your numbers are going to move up percentage ten, 15, 20 percent based on the bottom line. The difference is on a self-funded plan, because you have both the specific, which is claims on any one person, those dollars are pulled -- they are pulled and experience rated, so meaning you're able to take advantage of say - - whether it's Blue Cross or any other reinsurance carrier out there, able to take advantage of their block of business and your experience. But, for example, let's just say that there was a reason that you needed a higher increase in the cost of that specific, but maybe overall the plan in total was running okay, then, you might have an increase there, but to the bottom line, you know, that washes down to maybe -- maybe you have got a 40 percent -- and I'm just using -- these are big numbers, so don't consider this as -- as real, but let's just say you had a 40 percent increase in the cost of the specific, in total that still might be only a ten percent increase to the bottom line. The other thing about that is that the reinsurance can be shopped independently and, you know, our local carriers don't like it, but we can take the reinsurance piece, carve that out and have other reinsurance, even though it's a Blue Cross or maybe one of the other local carriers or another TPA. So, really, reinsurance can kind of be replaced and Meridian City Council Workshop November 13, 2018 Page 52 of 58 removed without any impact to your population. So, there is -- there is a lot of really good alternatives and great negotiation that happened with the reinsurance piece. Palmer: Thank you. Barney: Does that answer -- Palmer: That was awesome. Yeah. Exactly what I was looking for. De Weerd: Well, Council, I would ask if you have anything that comes up after you have had a chance to process the discussion tonight, the volume of information that you received in advance, please, let Christena know and she can make sure that that is covered when she brings it back on the 27th. It will give them time to -- to get the information and -- and bring that back. So, we appreciate your questions tonight and -- and thank you, Shelli, for -- for joining us and -- and Christena for staying late. Stayner: Thank you. De Weerd: Thank you. Barney: Thank you. Appreciate it. G. Council: Commission and Board Updates De Weerd: Okay. 9-G. Hey, Council, you -- you may wonder what that banner is over there for the -- two of the five of you that did not attend the staff meeting last week, we did have in the all staff meeting a color presentation and these are the colors of our employees that put their dot on there, so it -- we have four different colors and perhaps you took that -- that test, but brown is direct, green is analytical, blue is people focused and red is out the whoo. I can't remember what it is. But it's -- the what, Crystal? The excitable, can't focus -- the storytellers. Yeah. Thank you. So, we -- that -- that is our city employees over there and I guess I would like to kick it off in giving just a little bit of an overview from -- from the staff -- all staff meeting. It was -- we had nearly half -- a little bit over -- well, half of our employees there and we have gotten really good feedback as -- as to the value that last week had. We had great speakers, very different from each other, and they provided some great information. They covered a lot of information in this one day event and we learned about the strategic plan, our communication styles through the colors. We learned the results of the employee engagement survey and each of the departments is doing a department specific follow up and we will compare and contrast to the city wide survey as well. Those dates have all been set. We had a growth panel that talked about growth in past, present and future. Learned how to be better humans, thanks to Rhonda Conger, who gave a phenomenal speech. Had HR a little bit nervous on occasion. The employees were engaged throughout the meeting and what I did see is I saw a lot of reservation as we started the morning, a little bit of I have work to do, why am I here, to great enthusiasm by the end of the day and -- and that was really exciting to see. So, we plan to Meridian City Council Workshop November 13, 2018 Page 53 of 58 administer a survey through HR and we will bring those results back once we -- we have had a chance to collect that. Milam: Madam Mayor? De Weerd: Yes. Milam: So, if it -- it was a mandatory meeting and there was only half of the employees there? De Weerd: It was, because we still had keep essential services up and going. We did -- overtime was not in the budget, so the public safety worked their regular shifts and we -- we did not ask anyone that wasn't at work to come in. Otherwise, we would have had overtime. So, we -- we are talking about strategies to see how that can be increased, but we will have links available to our -- our employees that were not there that can view what they missed and hopefully get excited about that, too. Which will be available to those that -- of you that were not able to be there, too. Milam: Okay. De Weerd: You won't get the -- the whole essence of what goes on around you. We had -- and -- and I do want to thank Mr. Borton. He was our emcee and he did it with humor and sensitivity and really appreciated that you accepted that -- that invitation to play that role. So, appreciate that. And would like to thank -- and I know Mrs. Milam was out of town, but we do appreciate -- I think it was really important for the employees to see Council there. Mrs. Milam, do you want to give any update? Milam: Sure. I got lots, because it's Christmas in Meridian. It's coming to town. The Winter Lights Parade is Friday, November 30th. That's a week and three days away and we got to be at Storey Park by 6:00 p.m. They would like to know who all will be on the float and they have recruited a five piece band to share the Council float. So, we will have some music playing -- live music playing Christmas on our float. And drums and some horns. Borton: Karaoke. De Weerd: Karaoke. Milam: We will be singing along -- Bernt: Christmas music karaoke. Good idea. De Weerd: Clear the street. Milam: And, then, Children's Winterland Festival is December 8th. So, that is the following Saturday. Not the day after. 10:00 a.m. to 3:00 p.m. at the Boys and Girls Club and, then, they will have -- a trolley will drive around from the Boys and Girls Club Meridian City Council Workshop November 13, 2018 Page 54 of 58 to downtown and here, so people need to park somewhere else they can and, then, there -- we have a twilight Christmas market here at City Hall in Council Chambers in A and B and that supports the local crafters and that is on Wednesday, December 5th from noon to 7:00. So -- and volunteers are still needed for the parade, if anybody knows anybody. Put it out there. They have got a lot of volunteers, but could use some more. De Weerd: Thank you. Mr. Bernt. Bernt: I don't have a ton of updates. One interesting update, though, is on the 28th coming up the golf committee is going to get together and we will -- I will come back with an update from that. Sort of been an interesting dynamic. Excited to hear and see what they have to say, but as far as my rules with Planning Department, I think we are all aware of what is going on, you know, the different -- the organization -- you know -- you know, stuff that's going on there and with building inspection and stuff. I think we are pretty much all up to date there. And -- and HR are good; right? We are good. So, we are good. That's it. De Weerd: Mr. Palmer. Palmer: Councilman Bernt, are you going to get foot golf brought back before us? Bernt: Golf. Palmer: Yeah. Bernt: I don't know. We will see. Palmer: I really want to see it again one more time before my impending retirement. Borton: Insert sarcasm. Palmer: Actually, I was hoping it was going to happen. But, anyway, commissions. My first meeting back with historic preservation is coming up on the 29th. I don't know what they are up to, but it's probably happened already. De Weerd: Okay. Palmer: History. What's happened before. De Weerd: Thank you for explaining. Palmer: Trying to be sensitive and humorous and it's really hard. I don't have a ton of Borton's skills. Borton: Madam Mayor? Meridian City Council Workshop November 13, 2018 Page 55 of 58 De Weerd: Mr. Borton. Borton: I was -- I was gesturing over to -- to Treg if there is a comp plan update or if they have met yet. Comp plan steering committee. Aren't you a liaison to that? Bernt: Yes . That's -- that's coming up. Borton: Oh. Okay. Bernt: I haven't been to one. Let me see. That is this week? I know I have a meeting tomorrow. De Weerd: In December. Bernt: December? De Weerd: Yeah. Bernt: I know I have a meeting tomorrow, too. Different meeting. Tomorrow is cancelled. Borton: There you go. Bernt: Okay. So, I'm off the hook. Borton: Glad to help. De Weerd: Okay. Borton: Madam Mayor, I don't have much to update. I'm new on the Arts Commission. Liaison to it. So, just kind of getting up to speed. They are passionate and active and so I'm trying to get sorted out where they are headed, but they have got a lot going on. So, that's a -- not a very informative update, but that's my update for the Arts Commission. And excited about Christmas in Meridian. It's going to be fantastic. And the 12th annual Meridian versus Eagle flag football game is hosted -- it's in Eagle this year, so Turkey Bowl. Big day. Borton: A what? Mrs. Little Roberts. Little Roberts: Madam Mayor, I don't think I can follow that, but the Air Quality Board has not met since my last update. They meet next Monday and I am hoping for some good news regarding the software being up, running, and things having finally made some progress. But I can update you next week if you would like. De Weerd: Thank you. Just a couple of updates. The Meridian Anti-Drug Coalition will be meeting with Representative Moon and discuss the CBD oil issue. She was the one Meridian City Council Workshop November 13, 2018 Page 56 of 58 that presented legislation this last year and is going to sit down and have a conversation with our MADC. The Chamber had a very good gala event. Thank you to those that were able to join in the fun and they are working on developing their legislative positions for the upcoming legislative session. COMPASS will be discussing next month an update to the TIP to align with the changes of the Idaho Transportation Board and one of those is to advance Chinden projects up by one year. Whoot. Whoot. That's a good thing. Also the possible funding for purchase of right of way for the extension of Highway 16, which I think would be really beneficial in making sure that that alignment is -- is known and we can perhaps plan around it. Harvest Transit had 686 rides since September. The AIC board is having its legislative summit the end of November and if - - if you can join us we would love to have you. Also the board did vote to intervene on the Idaho Conservation League versus EPA issue over primacy and so we hope that we will continue to -- to move forward on the primacy. The Drug Task Force, the AIC Drug Task Force has been really working to engage cities with their law enforcement and have developed a list of questions that we feel are important for the elected officials to have conversations with their -- their police chiefs regarding -- and knowing what the issues are in their communities as it relates to drug-related issues. As well they have been working on developing some talking points to the savings that has occurred through the partnerships developed with the Salsa project and being able to advocate for some of those real tangible savings to be redirected into treatment and/or prevention type of activities. At Treasure Valley Partnership we will get an update on the Treasure Valley opioid plan and hear an update on the diversion program that the chiefs have been working on from the city's perspective on what we can do to help in the opioid issues. MYAC is also working on legislative topic. They are narrowing down their -- their ideas and -- as well and looking at the participatory budgeting ideas. They have Rake Up Meridian this weekend, if anyone is interested in joining them to rake up yards. Our Faith Ambassadors Council has heard from Let -- Let Us Gather. That is a Thanksgiving celebration that has been done for the last six or seven years. It's a community dinner that the faith community all come together to provide veterans and those that have nowhere else to go or they wouldn't be celebrating Thanksgiving. Otherwise, if you would like information about that, please, let us know and we can get that out. They are still looking for volunteers and -- and they would love someone to be there to really show that the community cares. On the Salvation Army, I will be ringing the bell this Thursday at 1:30 at the Albertsons on Ten Mile. We have a competition among the -- the mayors, so come out, support a great cause, and -- because we want Meridian to win. So, be there. At the Albertsons at 1:30. It's who raises the most money while ringing their bell. One hour. I don't know where they are. I don't care. I'm just going to tell you where I am and that is Albertson's on Ten Mile and Cherry Lane from 1:30 to 2:30. So, we will be sharing it on our Facebook, if you will share that, and encourage people to get out. She did talk about the programs that helps to fund and I think when you sit there and listened to what the Salvation Army does you really get blown away with the many, many things they do to help residents in our community and -- and the Treasure Valley. So, it was -- it was very enlightful. The Allumbaugh House approved a budget and that is without the county and the state increasing their contributions, which came as a surprise. The funding committee has been working on looking at Medicaid eligibility and how they can pursue different funding mechanisms Meridian City Council Workshop November 13, 2018 Page 57 of 58 with perhaps a change in leadership at the county. The county might step up to what they agreed going into this as, so we will -- we will stay tuned and I will let you know. Those are the most noteworthy. Yes . Okay. Anything further on updates? Item 11 : Ordinances [Action Items] A. Ordinance No.18-1794: An Ordinance (H-2016-0065 – Laurel Townhouses) For The Re-Zone Of A Parcel Of Land Located In Gramercy Subdivision No. 1 As Filed In Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho, Located In The SW ¼ Of The NE ¼ Of Section 20, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From TN-R (Traditional Neighborhood Residential) To R-15 (Medium High Density Residential) Zoning Districts 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: Mr. Clerk, Item 10-A is Ordinance 18-1794. Will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No.18-1794: An Ordinance, file H-2016-0065, Laurel Townhouses, for the re-zone of a parcel of land located in Gramercy Subdivision No. 1, as filed in Book 99 of Plats at pages 12,619 through 12,622, records of Ada county, Idaho, located in the SW ¼ of the NE ¼ of Section 20, Township 3 North, Range 1 East, Boise meridian, City of Meridian, Ada county, Idaho; establishing and determining the land use zoning classification from TN- R (Traditional Neighborhood Residential) to R-15 (Medium High Density Residential Zoning Districts 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: Council, if there is no questions I would entertain a motion to approve. Little Roberts: Madam Mayor? Little Roberts: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move we approve Ordinance No. 18-1794 with suspension of rules. Meridian City Council Workshop November 13, 2018 Page 58 of 58 Milam: Second. De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call role. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 18-1795: An Ordinance (H-2018-0029– Zimmerman Auto Body) For Annexation Of A Tract Of Land Situated In The Ne ¼ Of The Se ¼ Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 14.80 Acres Of Land From Rut To R-8 (Medium Density Residential)(.42 Acres) And I-L (Light Industrial)(.72 Acres) Zoning Districts 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: Item 10-B is Ordinance 18-1795. Mr. Clerk. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1795: An Ordinance file H-2018-0029, Zimmerman Auto Body, for annexation of a tract of land situated in the NE ¼ of the SE ¼ of Section 11, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 14.80 acres of land from RUT to R-8 (Medium Density Residential)(.42 acres) and I-L (Light Industrial) (.72 acres) zoning districts 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: Council, if there is no questions, I would entertain a motion. Meridian City Council Workshop November 13, 2018 Page 59 of 58 Little Roberts: Madman Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we pass Ordinance No. 18-1795 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-B. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Item 11 is Future Meeting Topics. Anything for consideration? Council, just a couple of upcoming events. The Scentsy Christmas lights ceremony is Thursday, November 15th. It's from 5:00 to 7:00 at Scentsy Commons and City Hall will be closed on Wednesday, November 21 st, at 3:00 p.m. We will not work on Thursday or Friday. Or Thanksgiving. We will reopen on the 26th. If there is nothing further I would entertain a motion to adjourn. Bernt: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAN L�KW b E WEERD DATE APPROVED ATTEST: S�� AUGUST' O .>f C. JAY tOLES, CI CLERK z E�IDIA 1✓ • w SEp`L � r of the City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 4 A Project File Number: Item Title: Proclamation Meeting Notes: James Chad Register Pancreatic Cancer Awareness Month bx EIDIAN,— �J The Office of the _Afayor P R O C L A M A TIOX WHEREAS, it is estimated that in 2018, 53,670 people will be diagnosed with pancreatic cancer in the United States and 43,090 will die from the disease making it the third leading cause of cancer death in the United States; and, WHEREAS, when symptoms of pancreatic cancer present themselves, 71 % of patients die within the first year of their diagnosis and 95% die within the first five years; and, WHEREAS, as estimated 240 people in Idaho will die this year from this type of cancer which has no cure nor seen significant improvements in survival rates in the last 40 years; and, WHEREAS, November is Pancreatic Cancer Awareness month and people are asked to "Wage Hope" and wear purple to educate others about the dangers of pancreatic cancer; and, WHEREAS, the IAM 149 Foundation is committed to supporting those patients battling the pancreatic cancer in Idaho and Nationwide, and are committed to nothing less than a cure. THEREFORE, I, Mayor Tammy de Weerd, do hereby proclaim, November 16, 2018, as .10 ,James Chad Register Pancreatic Cancer Awareness Day in the City of Meridian and call upon the people of our community to wear purple as a way to increase awareness of pancreatic cancer around the world as research continues to search for early detection, causes, and effective treatments. Dated this 13th day of November, 2018. 114W7 _7zAwo5�� Tammy e eerd, Mayor ()If Joe Borton, City Council President Luke Cavener, City Council Vice -President Anne Little Roberts, City Council Genesis Milam, City Council Ty Palmer, City Council Treg Bernt, City Council City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 A Project File Number: Item Title: Approve Minutes of November 7, 2018 City Council Special Meeting Meeting Notes: (�E IDR IAN,,:--�- Council Agenda Item - 5.A. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Approve Minutes of November 7, 2018 City Council Special Meeting ATTACHMENTS: Description Type Minutes Minutes Meridian City Council Meeting Agenda November 13, 2018 — Page 5 of 173 Upload Date 11/9/2018 Meridian City Council Special Meeting November 7, 2018 The Meridian City Council special meeting was called to order at 5:30 PM on Wednesday, November 7, 2018 by Mayor, Tammy de Weerd Members Present: Anne Little Roberts, Joe Borton, Ty Palmer, Treg Bernt, Tammy de Weerd Staff Present: C.Jay Coles, Bill Nary. Item 1. Roll -call Attendance: X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt O Genesis Milam _O_ Luke Cavener X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Adopted as Amended Borton: I move to Amend the Agenda adding Section 74-206 1(b) Little Roberts: Second. Mayor De Weerd: A motion and a second to approve the amended agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho Code section 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need and 74-206 (1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent. Borton: I move we go into Executive Session as per Idaho State Code Section 74-206(1)(a), 74-206(1)(b) Little Roberts: Second. Mayor De Weerd: It has been moved and seconded to go into Executive Session. All those in favor. Meridian City Council Meeting Agenda November 13, 2018 — Page 6 of 173 ALL AYES. MOTION CARRIED. Into Executive Session at 5:31 pm Out of Executive Session at 6:06 pm Palmer: I move we adjourn the Executive Session. Little Roberts: Second. Mayor De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Palmer: Move to adjourn. Little Roberts: Second. Mayor De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:06 pm (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: 77. TAMMY DE*EERD, MAYOR L,. ATTEST: 1 `/ .JAY CULES, C CLERK I/ / /S / --W� DATE APPROVED o�P��� AUGUST .1 o0 9 Q U LV1 •"° W Q of City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 B Project File Number: H-2018-0097 Item Title: Findings of Fact.. Conclusions of Law for Meeting Notes: Smith Rezone (H-2018-0097) by Scott Smith, Located at 1321 and 1323 Main St. u APPROVED (�E IDR IAN,,:--- Council Agenda Item - 5.13. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Findings of Fact, Conclusion of Law for Smith Rezone (H-2018-0097) by Scott Smith, Located at 1321 and 1323 Main St. ATTACHMENTS: Description Type Findings Findings/Orders Exhibit A Exhibit Meridian City Council Meeting Agenda November 13, 2018 — Page 8 of 173 Upload Date 11/8/2018 11/8/2018 CITY OF MERIDIAN E IDIAN �-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Rezone of 0.73 of an Acre of Land from the C -C to the O -T Zoning District for the Property Located at 1321 and 1323 N. Main Street, by Scott Smith. Case No(s). H-2018-0097 For the City Council Hearing Date of. November 7, 2018 (Findings on November 13, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 7, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 7, 2018, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0097 - I - Meridian City Council Meeting Agenda November 13, 2018 — Page 9 of 173 reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a rezone is hereby approved with the requirement of a Development Agreement containing the provisions in the Staff Report for the hearing date of November 7, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 7, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0097 -2- Meridian 2 - Meridian City Council Meeting Agenda November 13, 2018 — Page 10 of 173 By action of the City Council at its regular meeting held on the l 3 day of Njbye m ►f) u- 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: i C.J v Coles City Clerk Mayor Ta)tJe Weerd C-./ QO�tED AUGUS � 0 City of w E IDIS IAN'z�' IDAHO SEAL VOTED \ � VOTED VOTED VOTED VOTED VOTED Yt/4 VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: UL vW City Clerk's Office Dated: � 1- 13 -1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0097 Srni* -�BZOne - 3 - EXHIBIT A STAFF REPORT Hearing Date: November 7, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Smith Rezone — RZ (H-2018-0097) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN-- IDAHO The applicant, Scott Smith, has submitted an application for Rezone (RZ) of 0.73 of an acre of land from the C -C to the O -T zoning district. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application with the requirement of a development agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on October 4, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Scott Smith, Applicant ii. In opposition: None iii. CommentinLy: None iv. Written testimony: None y. Staff presenting application: Sonya Allen A. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key i. Issues of Discussion by Commission: The Commission was in favor of the proposed residential use and existing access remaining. d. Commission Chang(s) to Staff Recommendation: i. None e. Outstanding Issues) for City Council: L None _ Summary of City Council Public Hearin: L In favor: Scott Smith, Applicant jL In opposition: None jiL Commenting: None jy, Written testimony: None L Staff presenting application: Sonya Allen Smith Rezone — RZ H-2018-0097 PAGE I Meridian City Council Meeting Agenda November 13, 2018 — Page 12 of 173 yL Other staff commenting on application: None L Key issue(s) of Public Testimony: L None r- Key Issues of Discussion by Council: L None Sl. Key Council Changes to Staff/Commission Recommendation y None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0097, as presented in the staff report for the hearing date of November 7, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0097, as presented during the hearing on November 7, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0097 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1321 & 1323 N. Main St. (Parcel #R6129020341), in the northwest'/4 of Section 7, Township 3 North, Range 1 East B. Owner: Team Construction 2286 N. Glennfield Way Meridian, ID 83642 C. Applicant: Scott Smith 1321 & 1323 N. Main St. Meridian, ID 83642 D. Representative: Same as Owner E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 14, 2018 (Commission); October 19, 2018 Council C. Radius notices mailed to properties within 300 feet on: September 7, 2018 (Commission); October 16, 2018 (Council) Smith Rezone — RZ H-2018-0097 PAGE 2 Meridian City Council Meeting Agenda November 13, 2018 — Page 13 of 173 D. Posted on Next Door: September 11, 2018 (Commission); October 16 2018 (Council) E. Applicant posted notice on site(s) on: September 24, 2018 (Commission); October 21, 2018 Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site contains two (2) structures — one is currently vacant and the other contains a retail store; the overall property is zoned C -C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial/office uses, zoned C -C 2. East: N. Main Street and commercial, office and residential uses, zoned C -C 3. South: Funeral home, zoned C -C 4. West: Residential and vacant/undeveloped lot; and personal service (beauty salon), zoned C- C C. History of Previous Actions: The existing 2,164 square foot structure at the front of the property was constructed in 1937 and was converted from a residential dwelling to a commercial/retail structure in 2001. The existing 1,560 square foot structure at the rear of the property was constructed in 1983 and converted to a commercial/retail structure in 2001. • In 2011, a Certificate of Zoning Compliance (CZC-11-016, Wellbriety Counseling) was approved for the operation of a health and social service facility in the building located at 1323 N. Main Street (i.e. the rear structure). Alternative Compliance (ALT -11-004) was approved to allow the use of an unimproved non -conforming parking lot to the north and west of the structure to be used for a parking area until the site is either expanded or redeveloped in the future. • In 2012, a Certificate of Zoning Compliance Verification (CZCV-12-008) was approved for the Calico Cattery at 1321 N. Main Street (i.e. the front structure). • A Certificate of Occupancy (walk-thru) application has been submitted to the City for the rear structure, housing Calico Cattery (which moved from the front structure), at 1323 N. Main Street; all inspections have passed and the permit is awaiting issuance from the Building Official. • A commercial tenant improvement application has been submitted for the front structure at 1321 N. Main Street. If the subject rezone application is approved and the use is converted from a commercial to a residential use, a residential permit will be required to be submitted. D. Utilities: 1. Location of sewer: City sewer service is currently provided to this property. 2. Location of water: City water service is currently provided to this property. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no ditches/waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this property. Flood Plain: This property does not lie within the flood plain. Smith Rezone — RZ H-2018-0097 PAGE 3 Meridian City Council Meeting Agenda November 13, 2018 — Page 14 of 173 VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Old Town. The Old Town designation includes the historic downtown and the true community center. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi -family residential over ground floor retail or office uses. The applicant proposes to reuse the existing structure located on the front of the property facing N. Main Street and convert it back to a residence for his personal use. The existing structure at the rear of the property houses a retail store (i.e. Calico Cattery) that is proposed to remain. The existing and proposed use of the property is consistent with that desired within the Old Town designated area. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (UDC 11-2A-1): The purpose of the Traditional Neighborhood Districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. The purpose of the Old Town district is to accommodate and encourage further intensification of the historical City center in accord with the Meridian Comprehensive Plan. The intent of the O -T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. Public and quasi -public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban City center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the O -T zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings and retail stores are both listed as principle permitted uses; and an animal care facility, which includes boarding, is prohibited in the O -T district. C. Dimensional Standards: Any development on the site should be consistent with the dimensional standards listed in UDC Table 11-2D-3 for all traditional neighborhood districts and 11-2D-4 for the O -T zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone: The applicant has applied for a rezone of 0.73 of an acre of land from the C -C to the O -T zoning district consistent with the Old Town FLUM designation as noted above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. There are two (2) existing structures on this site that are proposed to remain. The building at the rear of the property houses the Calico Cattery, which the Applicant states is primarily a retail store with some ancillary cat boarding; this use is proposed to remain and no changes are proposed. This business was formerly located in the front building and moved to the rear building. The building at the front of the property is proposed to be remodeled and converted from a commercial use back to a single-family residence for the Applicant's personal use. Smith Rezone — RZ H-2018-0097 PAGE 4 Meridian City Council Meeting Agenda November 13, 2018 — Page 15 of 173 The definition in the UDC (11-1A-1) for animal care facility includes boarding. Animal care facilities are not specifically listed as an allowed use in the O -T zoning district (UDC Table 11- 2D-2); therefore, the use would typically be prohibited. However, the Director has the ability to allow a use that is not specifically listed in the allowed use table as set forth in UDC 11-1-5E if determined the proposed use is in substantial conformance with the goals and objectives of the Comprehensive Plan; is consistent with the purpose of the district in which the use is located; does not involve a higher level of activity than one or more of the uses listed in the district as allowed; and the impacts on public services and activities associated with the use are substantially similar to those of one or more of the uses listed in the district as allowed. In accord with the above criteria, the Director is amenable to allowing the existing cat boarding use to continue as -is in the O -T district for the following reasons: the use is ancillary to a principle permitted use (i.e. retail) in the district; the use contributes to the mix of uses and services available to residents and visitors in the downtown area as desired in traditional neighborhood districts and the Old Town designated area in the Comprehensive Plan; and the use does not involve a higher level of activity than other uses allowed in the district as all activity associated with the use is contained with the building and does not impact adjacent property owners and is not a high traffic use. There are two (2) existing driveways/curb cuts, one on each side of the property, that provides access to the site via N. Main Street — the northern access is signed "exit only" and the southern access is signed "entrance only". Although the UDC (11-3A-3) restricts access to arterial streets (i.e. N. Main St.), Staff is amenable to both of the accesses remaining at this time for the following reasons: 1) the intensity of the use is anticipated to decrease with the change in use of the front structure from commercial to residential; and 2) the accesses are signed entrance/ exit only which ACHD views as one driveway [with two (2) curb cuts] which prevents vehicles backing out into the street creating a safety hazard — Staff agrees with this determination and feels it's in the best interest of public safety for the two driveways to remain. However, if/when the property redevelops in the future, access may be re-evaluated at that time by the City and ACHD and access may be restricted and cross access required to surrounding properties in accord with UDC 11-3A-3. A Certificate of Zoning Compliance (CZC) is required to be obtained from the Planning Division for the establishment of a new use (i.e. single-family detached dwelling) to ensure that the new use complies with all provisions of the UDC before the use is established. The UDC (Table 1I - 3C -6) requires off-street parking to be provided for single-family detached dwellings based on the number of bedrooms per unit; the proposed 3 -bedroom dwelling requires a minimum of 4 spaces per unit — at least 2 of those in an enclosed garage, other spaces may be enclosed or a minimum 10' by 20' parking pad. There is no covered parking that exists on this site and the parking for the front building appears to be shared with the existing business at the rear of the property; a large portion of the rear of this property is unpaved with a dirt surface. Staff considers the lack of covered parking on this site to be a nonconforming use since the original use of the structure was residential and no covered parking exists on the site; as such, it's subject to the provisions listed in UDC 11-1134, Non -Conforming Use. There appears to be a total of 6 paved parking spaces on the site for the overall property, which is one (1) fewer than the minimum required for the commercial business and residential use combined; the commercial use requires a minimum of 3 spaces based on the square footage of the building (i.e. 1,560 square feet) and the residential use requires a minimum of 4 spaces based on 3 bedrooms. A total of 7 parking spaces meeting the improvement standards listed in UDC 11 -3C - 5B should be provided on the site and depicted on the site plan submitted with the CZC application. Smith Rezone — RZ H-2018-0097 PAGE 5 Meridian City Council Meeting Agenda November 13, 2018 — Page 16 of 173 The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of the rezone included in this report in Exhibit B, staff recommends a DA is required that contains the provisions listed in Exhibit B as discussed above. In summary, Staff recommends approval of the proposed rezone request for this site with a development agreement containing the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Aerial View of the Property B. Agency & Department Comments C. Legal Description and Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Smith Rezone — RZ H-2018-0097 PAGE 6 Meridian City Council Meeting Agenda November 13, 2018 — Page 17 of 173 A. Drawings 1. Vicinity/Zoning Map -- TbBI�-l"' 225 — 164s 1648 / 207 1620 35 1682 1613 1635 302 -" 1624 1625 1624 1615 1626 1615 1618 -- - 1611 1608 1603 1607 1546 R.40 1533 1536 1535 1535 1600 1524 - _ 1523 1528 - ; 1. 1523 15201522 t519 1513 — 1518 1507 1r 1435 1505 " 1508 1510 301 _— 1504 1431 _ 1432 703 W EW.WE 1435 _ _ - 1434 1423 1420 1421 1121 1432 U TT 1431 - _ 1420 1 S _1428 1423 1412 1419 1424 i li 421 1111 1410 276 1422 1411 11419 1409 1406 1403 - U14 1405 1404 1405 332 1403 1404 1349 1 1334 206 137 UAPLEAYE--- 1402 1335 1332 - 1332 1329 t3J1 1328 133 1727 1326 _ 1324 1323 1324 1123 1319 1]20 1712 1316 3t 1308 1711 1110 1313 1104 1305 1704 3 1305 z 1304 "CHEM E 1307 1302 1237 1231 Ir0 - R-15 1233 ti 37 731 1217 1222 1223 1 — - 1220 - O- 1225 j i 0.I _ Z � R25 1226 1212 [12 n 1I I 1200�3C226 38 46 C'C 11D5 1210 272 1204 205 1203 A NQTO11 ST E WAS NIN610N AVE t0] 113087 II 25 33 45 113 .L 200 1153 �+�► Structure fronting on N. Main St. Smith Rezone — RZ H-2018-0097 PAGE 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 18 of 173 Exhibit A.2: Aerial View of the Property h"1 Smith Rezone — RZ H-2018-0097 PAGE 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 19 of 173 r B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. If the intensity of the use of the property increases in the future from retail and single-family residential, access to the property may be restricted from two (2) to one (1) access driveways via N. Main Street, an arterial street, as determined by the City of Meridian in accord with UDC 11-3A-3 and the Ada County Highway District. Additionally, a cross -access easement(s) may be required to adjacent properties for interconnectivity and reduction of access points from the arterial street (i.e. N. Main Street). b. The existing retail store with ancillary cat boarding is allowed to continue as currently operating; however, the cat boarding portion of the use may not be expanded unless the Unified Development Code (UDC) is amended in the future to specifically allow the use in the district. A Certificate of Zoning Compliance application is required to be submitted to the Planning Division for the establishment of a new use (i.e. single-family detached dwelling) prior to issuance of building permits as set forth in UDC 11-513-113. The existing uncovered parking on the site is deemed to be a nonconforming use per UDC 11-1A-1; as such, it's subject to the provisions listed in UDC 11-1B-4, Nonconforming Use. Note: A minimum total of 7 shared off-street parking spaces are required to be provided on the site for the non-residential use and the residential use (based on the 3 bedroom unit) and shall be improved per the standards listed in UDC 11 -3C -5B. Further, if the dwelling is converted to a duplex in the future, the developer is required to fully comply with the parking standards listed in UDC Table 11-3C-6. d. A residential building permit application shall be submitted to the Building Division for the property at 1321 N. Main Street once the property is rezoned to the O -T district; issuance of the permit shall take place prior to any further construction occurring on the site. 2. POLICE DEPARTMENT 2.1 The Police Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. Smith Rezone — RZ H-2018-0097 PAGE 9 Meridian City Council Meeting Agenda November 13, 2018 — Page 20 of 173 4. ADA COUNTY HIGHWAY DISTRICT (ACRD) In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted applications and site plans for the Items referenced above. It has been determined that ACHD has no site specific conditions of approval for these applications. There Is No Impact Fee Due for this application and an ACHD inspection Is not required. 5. PARKS DEPARTMENT 5.1 The Park's Department has no comments on this application. 6. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) 6.1 NMID has no comments on this application as they have no facilities at this location. Smith Rezone — RZ H-2018-0097 PAGE 10 Meridian City Council Meeting Agenda November 13, 2018 — Page 21 of 173 C. Legal Description & Exhibit Map for Rezone Boundary TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 385.0696 Project. No.: 4351 Date: July 23, 2018 REZONE DESCRIPTION FOR SCOTT SMITH A parcel of land being a portion of the Block 3 of F A. Nourse's Third Addition, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 6 of Plats at page 289 lying in the NW 114 of Section 7, T.3N., R.1E., B.M.. Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northwest comer of said Section 7; thence along the West boundary of said Section 7 South 00'22'59" West, formerly South 00'24'19" West, 1041.87 feet to a point on the extend North boundary of said Block 3, thence along the said North boundary North 89°37'05" East 263.31 feet to an Iron pin on the East boundary of Record of Survey No. 8427, filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No 108108418, said point marking the POINT OF BEGINNING; thence continuing North 89°37'05" East 100.87 feet to an iron pin; thence leaving said North boundary along a line 122.00 feet West of and parallel with the East boundary of said Block 3 South 00°33'08" West 59.00 feet to an iron pin; thence along a line 59 00 feet South of and parallel with said North boundary of Block 3 North 89°37'05" East 162.00 feet to a point on the centerline of North Main Street; thence along said centerline South 00°33'08" West 98,94 feet to a point; thence leaving said centerline along the South boundary of the North 112 of the North 112 of the East 112 of said Block 3 South 89°37'05" West 262.67 feet to an iron pin marking the Southeast corner of said Record of Survey No 8427; thence along the East boundary of said Record of Survey No. 8427 North 00"28'48" East 157.94 feet to the POINT OF BEGINNING, Said parcel of land contains 0.733 acres, more or less. W 435t,Dx4761 m eale 6x•j6e Smith Rezone — RZ H-2018-0097 PAGE I 1 Meridian City Council Meeting Agenda November 13, 2018 — Page 22 of 173 [fJr. wA Ipllnn OERRY LAIF p '\fvKAuC .oI.•sIXuer .,O N,I. nsu ZONING EXHIBIT FOR fnler xo muT blDmLQAn -..PP SCOTT SMITH {%h i I A POUCH OF ROCK 3, F.A. NOURTS TWO ADMON, �---- ---=• .Ot.F--`'�.,a• D„: '' -___. I h, Ltl40 NUERDIAY4ADACOD14TY, p 0 •lE, U.U., 7 Ao In.a, 1 MAIL A AD N 0 ♦O 1R IM _ g I f AI 6i uAll[ „[R IM M� A1,•aan ffiV +� REL'UkU O!: f:NRVF.'i a .51.11 ' 1 LEGEND ".:I' LW y RK4 1I - C[N EP IPC n•lr'n•) u13,� ¢c OWN' _ -A'F Miro' p p� OCTNAL PPR[ILAL[ry. LM ixA:•- R---_••_� =i iLi,lt----____ i \89.77'05' F. 100A7 _ - w.ei� t rnw FCW PAZ CAP [t<IHK/ u 2 0 FCVO )/!• RDY [IV f rI ai{"RI's 11"y1M :,,_s 00'33'08• w 59.00' ^ jj 1 +• S C[11u V2• R6V PN 1 F.ES:UkO ()F 'it RV Ii'i _I In. 11Yr SCT I/P [2l•IPbI PII./GF NS]. E4::� 8� U. FKALL KAT e[ N !19'37'07' E WIAO' >• VM PR AL YaiAa, p1TA < CC R[CCRP cbi [ v,ca•[ -mAl y lip 98I_ -_I 31940 E1 Ff Iw e 1 ue rae K� wawa N 0.733 U. M fr<R:N b V. WY1 I� ,t �wrdl'"rmR\I ---7S p,.•r D1 cr �D:[J z NW jr"•w___ _� _ - CERTIFICATE OF SURVEYOR --R�II' - N.9' - \\\ 5 69'37'05' Y 242a.6h7p Ii 62.6i - OF [RAL P 6AA•,tST R:w Ft1. PAD(Ck A. MALI. Y. PLS W. 4347. STATI CC DARO, DO It MY 3 C[RMY TRAT TIE SLRIEY FEFRESE\TED CN THS FLAT VAS I Fit I {iAICRIED RY AC (R IYaR A, [KELT SIE4AYDCN AAD 15 LV rA % sitt Er wAIH: SCATF y' DAFT Ctp9 PT. ATFY.7A ttATS AD FIECORI) 0F: 5IIRVE'i 410. EUl3 A Al ( AM IPLEY3 AVD THE CCFAFR IIiPETJATCN MD FlIIVR ACC. , a E I IYRT M+fR•p iTIF[T yfltr,i.F,Oa Wi A•D nF y C:PYR wAf n')FT 1 I EAST CARL7O11 AIME0.L,' F.nT K TIF t01MP 1X:,N W \ / -- r „ b + TEAl3<1P8 LARD BURV EA57 iO.E A''/EVJC casrcnol. CETAI_ 8 �- C.AY. Smith Rezone — RZ H-2018-0097 PAGE 12 Meridian City Council Meeting Agenda November 13, 2018 — Page 23 of 173 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject 0.73 of an acre property from the C -C to the O -T district consistent with the Old Town FLUM designation for this property. The City Council finds that the proposed map amendment and uses comply with the provisions of the Comprehensive Plan and should be compatible with the adjacent commercial and office uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the O -T zoning district is consistent with the purpose statement and complies with the regulations for the traditional neighborhood district as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. This property currently receives City services. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). This finding does not apply as this application is for a rezone, not annexation. Smith Rezone — RZ H-2018-0097 PAGE 13 Meridian City Council Meeting Agenda November 13, 2018 — Page 24 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 C Project File Number: H-2018-0066 Item Title: Findings of Fact, Conclusions of Law Revised for Costco Wholesale Store (H-2018-0066) by Costco Wholesale, Located at the SW corner of W. Chinden Blvd./SH- 20/26 and N. Ten Mile Road Meeting Notes: rte✓ APPROVED (�E IDR IAIv,�-- ITEM SHEET Council Agenda Item - 5.C. Presenter: C.Jay Coles Estimated Time for Presentation: 1 minute Title of Item - Findings of Fact, Conclusions of Law Revised for Costco Wholesale Store (H- 2018-0066) by Costco Wholesale, Located at the SW corner of W. Chinden Blvd./SH- 20/26 and N. Ten Mile Road Revised Findings for Costco ATTACHMENTS: Description Type Findings Revised Findings/Orders Exhibit A Exhibit Meridian City Council Meeting Agenda November 13, 2018 — Page 25 of 173 Upload Date 11/8/2018 11/8/2018 CITY OF MERIDIAN E FINDINGS OF OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E; In the Matter of the Request for a Modification to the Development Agreement for Costco Wholesale to Include Conceptual Building Elevations for the Future Building, by Peter Kahn, Costco Wholesale. Case No(s). H-2018-0066 For the City Council Hearing Date of. October 16, 2018 (Findings on November 7, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0066 - I - Meridian City Council Meeting Agenda November 13, 2018 — Page 26 of 173 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 16, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of October 16, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement modification may be requested by the city or a party to the development agreement or successor owners thereof. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 16, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0066 -2- Meridian 2 - Meridian City Council Meeting Agenda November 13, 2018 — Page 27 of 173 By action of the City Council at its regular meeting held on the 4h day of I V oyemb er 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor VOTED VOTED VOTED \ OTEDVVOTED- VOTED- VOTED OTED-VOTED VOTED eerd Attest: VOP��o City or w � �E IDIS IANV-- f `IDAHO C.J Coles s� SEAL` City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0066 - 3 - COS}CO EXHIBIT A STAFF REPORT HEARING DATE: July 24, 2018 (Continued fr•oni: July 17, 2018) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Costco — MDA H-2018-0066 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Peter Kahn, Costco Wholesale, requests an amendment to the development agreement (MDA) provisions for Costco to include conceptual building elevations for the future structure. See Section LYAnalysis for• more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard this item on July 17 and 24and October 16.2018. At the public hearing. the Council approved the subject MDA request. Summary of City Council Public Hearing: h In favor: Peter Kahn Costco; Steve Bullock MG2; Charlie Ekblad; fl In oppositjon• Jane Albert Rick Burke. Michael Battaglia, Denise LaFever, Jerry Stevenson RL Commenting: Jori Swanson„ Mar Schindler jy� Written testimony• jL9-bn McMurdie, John Wright, Emily Piscione, Jane Albert. Tom alljson, Dinah Gallo h Staff presenting application: Sonya Allen yia Other staff commenting on atinljcation: None b, Key ksue(s) of Public Testimony-: L Neighbors not in favor of the nronosgd design of the Costco building — would like design elements and colors consistent with residential character of the area; iia Concern pertaining to lighting on the site and its effect on adjacent residential nronerties across N Ten Mile Rd Key Issues of Discussion by Councjl: L Nejghborhood involvement in the design of the future Costco buildjng: iL Kudos to Costco on working with the neighbors on the design of the proposed Costco Key- Council Changes to Staff Recommendation L Council annroved the revised elevations shown at the hearing on October 16". III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0066 as presented in the staff report for the hearing date of July 24, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2018-0066 as presented during the hearing on July 24, 2018, for the following reasons: (You should state specific reasons for denial.) Costco -MDA H-2018-0066 Meridian City Council Meeting Agenda November 13, 2018 — Page 29 of 173 Continuance I move to continue File Number H-2018-0066 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located off the southwest corner of N. Ten Mile Road and W. Chinden Blvd./SH 20/26, in the northeast 'A of Section 27, Township 4N., Range 1 W. B. Owners: GFI — Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: Costco Wholesale 999 Lake Dr. Issaquah, WA 98027 D. Representative: Steve Bullock, MG2 11012 d Ave. Seattle, WA 98101 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 C. Radius notices mailed to properties within 300 feet on: June 22, 2018 D. Applicant posted notice on site by: July 13, 2018 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single family homes, zoned RUT in Ada County and R-4 West: Vacant/undeveloped land, zoned R-15 South: Vacant/undeveloped land, zoned C -G & R-40 East: Vacant/undeveloped land, zoned C -G C. History of Previous Actions: The subject property was recently annexed into the City as part of the Lost Rapids project (H-2018-0004, Ordinance #18-1777). A development agreement was required as a Costco -MDA H-2018-0066 Meridian City Council Meeting Agenda November 13, 2018 — Page 30 of 173 provision of annexation but has not yet been approved by City Council and recorded. VII. ANALYSIS The applicant requests an amendment to the development agreement (DA) provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store and addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application included in Exhibit A.2. The conceptual elevations submitted with the annexation and zoning application were not approved by City Council. A provision of the development agreement (DA) requires the agreement to be amended to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2018. The Applicant submitted several conceptual designs to the Mayor and City Council for review prior to submittal of this application. Based on comments received from the Mayor and City Council in regard to the building design (included in the application), the Applicant submitted the proposed concept elevations depicted in Exhibit A.2. Building materials are proposed to consist of split face CMU, stucco, ribbed metal paneling, steel trellis awnings, and glass entry and sectional doors; various colors of materials are used for interest and variety. The applicant is required to submit a Design Review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards listed in the Architectural Standards Manual. If any of the standards cannot be met, a request for a design standard exception should be submitted as set forth in the ASM (pgs. A-4, A-5). Staff recommends approval of the applicant's requested modification to the DA as proposed with the concept elevations in Exhibit A.2 and staff s recommended changes to the provisions in Exhibit A.3. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Building Elevations (REVISED) 3. Staff Recommended Changes to the Development Agreement Costco -MDA H-2018-0066 Meridian City Council Meeting Agenda November 13, 2018 — Page 31 of 173 Exhibit A.1: Vicinity/Zoning Map Costco -MDA H-2018-0066 Meridian City Council Meeting Agenda November 13, 2018 — Page 32 of 173 Exhibit A.2: Conceptual Building Elevations (REVISED) STUCCO rmui PANEL CORNICE- •LY.,ITTSTONr—COOLIIAWEST' COPBIG - ONORTH ELEVATION �GV_IURE[ SALE NIS StLCCOFINISN—E-- STEa TRELLIS• SECTIONAL DOORS• SDLDIERCOUriSEACCENTBAAD- ��� uWT5TONC IXASS•IRDWK MRXIIII J- 'COOLNAINESI A11001aDALUNINUM HALF NEIGIII C4 WAIL• Q, F'.rOIUH RA,"' =P E , O ENTRY ELEVATION O EAST ELEVATION AI SCALE NTS SCF I' -r.0 .ORIWNTAL RIBBED PW L - SEEELTRELLIS•//--BCNU BASE •'ME—UM �6-1 1+_'TALLIC CHAvnAGnE' —YOUI wM Esr / 1-55990 idl SOUTH ELEVATION EGREzz DDDRS ID NA1n1 SCALE: NTS AWCENT WAII MCA DOCK SCREEN WALL• CORNCE• FOLLi DOOR- STEELT uts• COf: VE NATURAL AN— CCOL I—EST GgAv POOL HARVEST' IL —IT - WEST ELEVATION h'a�lsrr*n_I,—ccr•raacas co'uMu- /��/��//��"f 5('JJ.E NTS [uLNR-cD STONE MERIDIAN, ID CONCEPT ELEVATIONS CCO FINS..fA L - IT STO FO WALL PACKS 4�a 0 NIG2MERIDIAN, ID Costco -MDA H-2018-0066 CONCEPT FUEL FACILITY 5 Meridian City Council Meeting Agenda November 13, 2018 — Page 33 of 173 Cosma MERIDIAN, ID SITE AMENITY PERSPECTIVE C05rco Z MERIDIAN, IDENTRY PERSPECTIVE Como `-xmaasar Costco -MDA H-2018-0066 Meridian City Council Meeting Agenda November 13, 2018 — Page 34 of 173 MERIDIAN, ID ENTRY PERSPECTIVE s i s r I r_ - i�_ i- 1 I 1 i t I MERIDIAN, ID CANOPY PERSPECTIVE Costco -MDA H-2018-0066 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 35 of 173 Cosr o cosycO M(MERIDIAN `Z " ° � ", ID ' ENTRY AMENITY PERSPECTIVE COSYC urO Z NORTHWEST PERSPECTIVE �'�no MCRIDIAN, ID MERIDIA- - - - Costco -MDA H-2018-0066 Meridian City Council Meeting Agenda November 13, 2018 — Page 36 of 173 Ar KE -VIII r .:1111 •'.•l^' f �i 7� ,i 'Iy I� i.7�•' ' -Ct ,•�f�,y� "Li ii �.• _ ac �n MERIDIAN,ID SOUTHEAST PERSPECTIVE CCWYCO r ivw MERIDIAJD EAST PERSPECTIVE cbsrco Costco -MDA H-2018-0066 10 Meridian City Council Meeting Agenda November 13, 2018 — Page 38 of 173 Exhibit A.3: Staff Recommended Changes to the Development Agreement 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat and landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 4. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 5. The street buffer landscaping and 10 -foot wide multi -use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5 -foot wide sidewalk along the entire frontage of N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C -G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11 -2B -3A.4. 7. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-213-3 in accord with the standards listed in UDC 11 -3B -9C. 8. As committed to by the Applicant/Developer in response to neighborhood concerns, the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A "no thru truck traffic" sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 1I - 3A -11 C. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one (1) hour of closing; there shall be a 50% reduction in lighting levels after store closes consistent with that shown in Exhibit A.8. 9. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements shall be completed: SH 2O -26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes fiom Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 10. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department is able to secure the required right-of-way, SH 2O -26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH -16 (1.44 miles). Costco -MDA H-2018-0066 11 Meridian City Council Meeting Agenda November 13, 2018 — Page 39 of 173 Costco -MDA H-2018-0066 12 Meridian City Council Meeting Agenda November 13, 2018 — Page 40 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 D Project File Number: H-2018-0029 Item Title: Development Agreement for Zimmerman Auto Body Meeting Notes: with Brian Zimmerman located at 1775 W. Pine Ave., in the northeast 1/4 of Section 11, Township 3 North, Range 1 West. (Parcel#S1211417501, S1211417515, S1211417523) —0 CiWE IDR SAN,:-- ITEM SHEET Council Agenda Item - 5.D. Presenter: Sonya Allen Estimated Time for Presentation: 2-3 minutes Title of Item - Development Agreement for Zimmerman Auto Body (H-2018-0029) with Brian Zimmerman located at 1775 W. Pine Ave., in the northeast 1/4 of Section 11, Township 3 North, Range 1 West. (Parcel#S1211417501, S1211417515, S1211417523) Development Agreement between the City of Meridian and Brian Zimmerman for Zimmerman Auto Body ATTACHMENTS: Description Type Upload Date Signed DA -Zimmerman Auto Body(H-2018-0029) Agreements / Contracts 11/6/2018 Exhibit A -Zimmerman Auto Body (H-2018-0029) Exhibit 11/6/2018 Exhibit B -Zimmerman Auto Body (H-2108-0029) Exhibit 11/6/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 41 of 173 ADA COUNTY RECORDER Christopher D. Rich 2018-108601 BOISE IDAHO Pgs=28 BONNIE OBERBILLIG 11/14/2018 11:36 AM CITY OF MERIDIAN, IDAHO NO FEE 11 i PARTIES: 1. City of Meridian 2. Brian Zinimerinan, Owner/Developer THIS DEVELVIMENT AGREEMENT (this Agreement), is made and entered into this day of 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33'E. Broadway Avenue, Meridian, Idaho 83642 and Brian Zimmerman, whose address is 1775 W. Pine Avenue, Meridian, Idaho 83642, hereinafter called OWNERJDE-VELOPER. 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", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 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 1.13 acres of land with an R-8 (Medium Density Residential)(42 acres) and I -L (Light Industrial)(32 acres) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning DEVELOPMENT AGREEMENT — ZMMERMAN A'uTo BODY (H-2018-0029) PAGE 10F7 Meridian City Council Meeting Agenda November 13, 2018 — Page 42 of 173 Commission, and subsequently before the City Council, includes responses of goverment subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 19`t' day of June, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), for the annexation and zoning of 1.13 acres of land with an R-8 and I -L zoning districts, which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brian Zimmerman, 1775 W. Pine Avenue, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.4 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 parcel to be annexed and zoned R-8 (Medium Density Residential)(A2 DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029) PAGE 2 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 43 of 173 acres) and I -L (Light Industrial)(.72 acres) zoning districts zoning district and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The use of the subject property is limited to the existing single-farnily residential home in the R-8 zoning district and the auto body shop (i.e. major vehicle repair) in the I -L zoning district. Any expansion of the existing vehicle repair use or a change in use to another industrial use shall require an amendment to this agreement. b. The applicant shall submit and obtain approval of a property boundary adjustment application so that the zoning boundary is consistent with parcel lines and so that the existing residential structure complies with the building setbacks of the R-8 zoning district listed in UDC Table 11-2A-6. c. The applicant shall maintain compliance with the specific use standards listed in UDC 11- 4-3-37, Major Vehicle Repair, as follows: 1) Where adjoining a residential property or district, all repair activities (including but not limited to, open pits and lifts) shall occur within an enclosed structure; and 2) Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from the street. d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the existing auto body shop upon annexation of the property into the City of Meridian. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029) PAGE 3 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 44 of 173 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owrrer/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 tune allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the stone 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 reseives all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 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 Properly. 9, REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029 PAGE 4 of 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 45 of 173 ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Brian Zimmerman 1775 W. Pine Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that DEVELOPMENT AGREEMENT — ZrMMERMAN AUTO BODY (H-2018-0029 PAGE 5 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 46 of 173 the failure to timelyperfor7n any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If anyprovision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in comiection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029) PAGE 6 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 47 of 173 ACI NOWLEDGIVIENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: fn 'e Brian -Zirmnerman AUG CITY OF MERIDIAN QORpSED ATTEST: !� =�o�` c.ny of w 131(-' � /'�_... ...,. IDAHO Mayor-Tarlini/de Weerd ay Cold, City Cleric SEAL n �2T"�'Qhe TRE.P`�J��aP. STATE OF IDAHO ) ss: County of Ada, ) On this -L— day of�!li 1 U1 , 2018, before me, the undersigned, a Notary Public hi and for said State, personally appeared Brian Zimmerman; known or identified to me to be the person signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce • BARBARA S SNIFFER (S ALaCOMMISS10N 0630®2 NOTARY PU11M Notary Public far aho STATE OF IDAHO Residing at: 49,4d0' MY COWMAIS810N EXPIRES B�QITO My Commission xpires: — 9D -_1D2-D STATE OF IDAHO ) ss County of Ada ) On this day of N(wP�mbe_I1-, 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of •. • �- �- MCI'Idlatl, - WIIU CXC('Uled -the IDB�f"UIT1CIlZ� Ul' tRC person LRQL CXGI; UtG hie If1SLYQIIlbI1t Ul behalf of saild 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. RLENE WAY (S MISSION 067380 W NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/2? — .iM�iFR1U 0—� rw IJP ---'k Notary Public f r Idaho J Recidingat Commission expires: O g— AUTO BODY (H-2018-0029) PAGE 7 OF 7 Exhibit A: Legal Description & Exhibit Map ELSENGEBRITSON LAND SURVEYS, PLLC. 2259 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 10 March 2018 ELS Project No. 180224 Annexation Land Description ONLY — Contains 49,362 S,F. or 1.13 Acres more or less A tract of land situated within the NE Y4 of the SE % of Section 11, T. 3 N., R.1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East % comer of said Section 11 from which a found brass cap monument marking the Center Y4 comer of said Section bears N 89011'1 B' W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89°11'18° W a distance of 511.70 feet to the POINT OF BEGINNING. Thence leaving said line S 00°46'42' W a distance of 33.00 feet to a set steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-wal S 00'48'42"W a distance of 250.00 feet to a found steel pin; Thence N 89°11'18' W a distance of 174.42 foot to a set steel pin on the easterly boundary of Conifer Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00048'42' E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00048'42' E a distance of 33,00 feet to a point on said northerly line of the SE %; Thence easterly on said norther(/ line S 89'111'18" E a distance of 174.42 feet to tine POINT OF BEGINNING. The above-described tract of land contains 1.13 acres more or less subject to all existing easements and rights-of-way. 10 Meridian City Council Meeting Agenda November 13, 2018 — Page 49 of 173 EL ENGEBRI7SON LANA SUR VEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859.6032 mike@elsurveys.com 19 March 2018 ELS Project No,180224 Annexation Land Description ONLY Residential Parcel - Contains 18,170 S.F. or 0.42 Acres more or less A tract of land situated within the NE %4 of the SE % of Section 11, T. 3 N., R. 1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East % corner of said Section 11 from which a found brass cap monument marking the Center'/4 comer of said Section bears N 89°11'18" W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89°11'18" W a distance of 511.70 feet to the POINT OF BEGINNING, Thence leaving said line S 00'48'42" W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00048'42' W a distance of 117,10 feel to a point; Thence N 69°11'18" W a distance of 120.70 feet to a point; Thence N 00048'42` E a distance of 117.10 feet to a point on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°48'42" E a distance of 33.00 feet to a point on said northerly line of the SE 1/4; Thence easterly on said northerly line S 89011'18" E a distance of 120,70 feet to the POINT OF BEGINNING, The above-described tract of land contains 0.42 acres more or less subject to all existing easements and rights-of-way, K1ELSiProjects1201711902241AdrnhlLogals1180224ANNEX Residonlial 031918,doc Zimmerman Auto Body—H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 50 of 173 ELSENGE, BRIT,S'UN LAND SUR VE YS, PLIC: 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 21 March 2018 ELS Project No. 180224 Annexation Land Description ONLY Industrial Parcel - Contains 31,245 S.F, or 0.72 Acres more or less A tract of land situated within the NE A of the SE % of Section 11, T. 3 N., R.1 W., B.M., Ada County Idaho, described as follows; Commencing at a found brass cap monument marking the East''/, corner of said Section 11 from which a found brass cap monument marking the Center''/. corner of said Section bears N 89'1118" W a distance of 2655.06 feet; thence westerly a'ong the northerly line of said SE '% N 896 11'18" W a distance of 511.70 feel to a point; thence leaving said line S 00°4842' W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way fide of West Pine Avenue; thence leaving said rights-of-way S 00°48'42° W a distance of 117.10 feet to the POINT OF BEGINNING. Thence continuing S 00°48'42" W a distance of 132.90 feet to a found steel pin; Thence N 89°1118' W a distance of 174.42 feet to a found steel pin on the eastnriy boundary of Conifar Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00°48'42" E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way tine of said West Pine Avenue; Thence N 00°48'42" E a distance of 33.00 feet to a point on said northerly line of the SE'/; Thence easterly on said northerly line S 89°1118" E a distance of 53.72 feet to a point;' Thence leaving said line S 00°48'42° E a distance of 33,00 feet to a point on the southerly rights-ofavay line of West Pine Avenue; Thence leaving said rights-of-way S 00°48'42" W a distance of 117.10 feet to a point; Thence S 89'1 1'18' E a distance of 120.70 feet to the POINT OF BEGINNING. The above-described tract of land contains 0.72 acres more or less subject to all exlsling casements and rights-of-way. 1W K:IEISIProlecls120111180224'AdminU egais11B0224ANNDC Industrial Parcel 031918.doc Zimmerman Auto Body — H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 51 of 173 EXHIBIT ZIMMERMAN ANNEXATION FOR BRIAN & ANGELA ZIMMERMAN A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SECTION 11, T 3 N, R 1 W, B.M. ADA COUNTY, IDAHO 2018 C 1/4 CORNER SECTIO14 11 CP&F NO. 114007428 &f_to. 9605190088�� — 1969.14' N 00 4842" E 33.00' S,�y9 N 6 N w G�a6► e� z I"= 60' w.PWAM= N 8911'18' W 2655.06' s 88'11'18" E 174.42' 53.72' 120.70' 1 ACRO R/W (NST. N0. 108016740 S 8 71'18` E_ 174.42' 53.72' 120.70' b n! I S12111417501 3 18,117 Sq Ft 1 0.42 Aa CP&F N0. 8908445 _ 511.70' (49&37X498.40) gl I I OL S 89'11'18` E 120.70' 1 S12111417515 1 31,245 Sq Ft I 0.72 Aa A E 1/4 CORNER 00 SECTION 1I 1 CP&F NO. 112085074 CP&F N0. 8908445 _ 511.70' (49&37X498.40) ACRD R/W vesr. N0. 108051523 S 00'48'42" W 33.00' 1 x NOTE: AREA'S SHORN ARE TO CENTER LINE IV. PINE AVENUE 8 FOUND ATED 5/8" STEEL PIN YL Y 0 POB POINT OF BEGdNNING C Poe ti ENGPBAMON LAND SUVRVEYS,, am 2251 S SUMAC SMirr BOISE m.WO 83706 PHONE (208) 359-60.12 m**0Wsu v&j%c m K: \Lwd Profs 2008\180224\d.q\I80224Ra&djV 314-11-2 ELS P.N. IW224 s'HFEf f of f Zimmerman Auto Body – H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 52 of 173 EXHIBIT B CITY OF MERIDIAN ENDIAN.-I'V-11 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.13 Acres of Land with R-8 (0.42 of an Acre) and I -L (0.72 of an Acre) Zoning Districts, by Brian Zimmerman. Case No(s). H-2018-0029 For the City Council Hearing Date of: June 5, 2018 (Findings on June 19, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 5, 2018, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0029 - I - Meridian City Council Meeting Agenda blowfte201135 2-OMge Bkjd 3ftf 173 reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 5, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 5, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0029 -2- Meridian 2 - Meridian City Council Meeting Agenda almerME20113 20Mge 16W 365f 173 By action of the City Council at its regular meeting held on the I day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED �CI COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED \(,Ci COUNCIL MEMBER GENESIS MILAM VOTED_ MAYOR TAMMY de WEERD rOTED (TIE BREAKER) Mayor Tamm e eerd O� I(F-D AUGUST Attest: �Q , �2 C•ily of w .�Vl E IDR IAN)- C. ay Cole .� J City Cleric SEAL y �P Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:_(� )n -4)C� UhAQ Dated: p " VI City C erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 - Page 55 of 173 -3- EXHIBIT A STAFF REPORT Hearing Date: June 5, 2018 E IDIAN:-- TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Zimmerman Auto Body — AZ (H-2018-0029) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brian Zimmerman, submitted an application for Annexation and Zoning (AZ) of 1.13 acres of land with R-8 (0.42 of an acre) and I -L (0.72 of an acre) zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on May 3, 2018. At the public hearing the Commission moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Kvlie Madsen, Anestman Johnson; Brian Zimmerman fl. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Sonya Allen A. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: L None e. Outstanding Issue(s) for City Council: i. None ",,a • ► / I fill 1111-11001 1 u 11.1 1 1. \r i• I u 1 1 — Zimmerman Auto Body — AZ H-2018-0029 PAGE 1 Meridian City Council Meeting Agenda Wmertte2gif) 201ftge Ugf 965f 173 1. None d. Ivey Council Changes to Commission Recommendation L None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0029, as presented in the staff report for the hearing date of June 5, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0029, as presented during the hearing on June 5, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0029 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1775 W. Pine Ave., in the northeast '/4 of Section 11, Township 3 North, Range 1 West. (Parcel #: S1211417501, S1211417515, S1211417523) B. Owner(s): Brian Zimmerman 1775 W. Pine Ave. Meridian, ID 83642 C. Applicant: Same as Owner D. Representative: Kylie Madsen, Angstman Johnson 3649 N. Lakeharbor Ln. Boise, ID 83703 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 13, 2018 (Commission); May 18, 2018 Council C. Radius notices mailed to properties within 300 feet on: April 6, 2018 (Commission); May 10, 2018 (Council) Zimmerman Auto Body — AZ H-2018-0029 PAGE 2 Meridian City Council Meeting Agenda blmeftE201135 2OMge 11380SEW 173 D. Applicant posted notice on site(s) on: April 18, 2018 (Commission); May 25, 2018 Council VI. LAND USE A. Existing Land Use(s) and Zoning: There is a residential home with an auto body shop on this property, zoned R1 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Meridian High School, zoned R-4 2. East: Single-family residential home, zoned C -N 3. South: Storage facility (Meridian Storage), zoned I -L 4. West: Single-family residential homes in Conifer Subdivision, zoned R-8 C. History of Previous Actions: This property is currently receiving City water and sewer service but was never annexed into the City. D. Utilities: 1. Public Works: a. Location of sewer: This property is currently receiving sewer service from the City of Meridian. b. Location of water: This property is currently receiving water service from the City of Meridian. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The abutting property to the south is designated General Industrial (GI). Because the FLUM is a vision for a built out Meridian and contains a variety of very diverse land uses and is not necessarily parcel specific, the applicant requests the GI designation on the abutting property to the south is "floated" to the 0.72 of an acre portion of the site proposed to be rezoned to I -L (see Exhibit Q. The 0.42+/- of an acre parcel that fronts on Pine Avenue would remain under the MDR FLUM designation. The GI FLUM designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses. There is an existing single-family residential home and auto body shop that has been operating since 1999 on this property that are proposed to remain and continue for the foreseeable future; no new development is proposed with this application. Many letters of support have been received from adjacent neighbors agreeing to the proposed annexation of the property and continuation of the existing use. Zimmerman Auto Body — AZ H-2018-0029 PAGE 3 Meridian City Council Meeting Agenda tllme:ft 2C('[]$ 2-OF&gelBl 86W 173 Because the majority of the frontage of the property on Pine Ave. will remain residential (i.e. MDR) and be zoned R-8, staff is amenable to the existing GI designation on the property to the south being floated to the portion of the site proposed to be zoned I -L. Staff is amenable to the GI designation being "floated" for the existing use largely due to letters of support from adjacent neighbors and the relatively low impact to existing residential uses since the noise and fumes associated with the shop are contained within the structure and the visual impacts are screened behind a solid fence. However, staff recommends that any subsequent uses on the industrial portion of this property be vetted through the development agreement recommended as a provision of annexation to determine if the continued industrial use of the property is appropriate. Although Staff deems it appropriate in this case (i.e. with this specific use) to "float" the GI designation for the subject use, it may not be appropriate for future uses based on the type and intensity of use and potential impact on adjacent residential neighbors. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the use of this property: (Staffs analysis in italics) • "Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas." (3.06.01B) The existing auto body shop operates within the existing structure which should contain noise, odors, and air pollution associated with the use; the applicant's narrative states that all power tools are operated inside the shop so as not to disturb surrounding neighbors. The area surrounding the shop is enclosed by a solid vision fence which screens the area and prevents ally visual pollution from abutting residential properties and the street (Pine Ave). The applicant is required to obtain all necessary permits from the Building Department and comply with life/safety requirements of the Fire Department for the proposed auto body shop. "Encourage industrial development to locate adjacent to existing industrial uses." (3.06.01C) The proposed industrial use (i.e. auto body shop) and I -L zoning is located adjacent to industrial uses and zoning on the abutting property to the south. "Reduce the number of existing access points onto arterial streets by using methods such as cross -access agreements, access management, and frontage/backage roads." (3.03.02N) There are two existing accesses via Pine Avenue to this property — one to the residential property and one to the industrial property. Because the applicant's narrative states that the business only services 1-2+/- vehicles per month, staff is amenable to both accesses remaining until such time as the property redevelops in the future with Councils approval, at such time access should be re-evaluated and a cross -access easement may be required to be provided to the property to the east. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) There are 4 residential properties that abut this site at the west boundary and one at the east boundary; all but one, which appears to be a rental property, have submitted letters in support of this application. There is a solid vision fence along the boundaries of the subject property adjacent to residential uses which screens the property proposed to be zoned I -L where the existing auto body shop is located. The residential use of the property is compatible with other residential uses in the general area and the school across the street to the north. VIII. UNIFIED DEVELOPMENT CODE (UDC) Zimmerman Auto Body — AZ H-2018-0029 PAGE 4 Meridian City Council Meeting Agenda 3WwrtSe2Cl13) 20 fte 1700 865)f 173 A. Purpose Statement of Zoning Districts: Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. Industrial: The purpose of the I -L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I -L district is intended to encourage the development of industrial uses that are clean, quiet and fi•ee of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: UDC Tables 11-2A-2, 11-2A-6 and 11-2C-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 and I -L zoning districts respectively. Single-family residential homes are listed as principle permitted uses in the R-8 zoning district. Major vehicle repair (i. e. auto body shop) is listed as a principle permitted use in the I -L zoning district; compliance with the specific ntse standards listed in UDC 11-4-3- 37, Major Vehicle Repair, is required. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-3 and 11-2A-6 for the R-8 zoning district and 11-2C-2 for the I -L zoning district. D. Landscaping: Not Applicable (NA) E. Open Space & Site Amenities: NA F. Off -Street Parking: NA G. Stricture and Site Design Standards: NA IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to annex three (3) parcels totaling 1.13 acres of land with R-8 (0.42 of an acre) and I -L (0.72 of an acre) zoning districts consistent with the FLUM designations of MDR and GI as discussed above in Section VII. There is an existing residential home and an accessory structure used as an auto body shop on the property. The applicant's narrative states he has lived in the home and operated the auto body shop since 1999. The shop operates approximately 3-4 days a week and all power tools are used inside the shop so as not to disturb the adjacent neighbors. Vehicles serviced by the shop are immediately moved behind the fence and are kept there until the repair work is completed and the owner picks up the vehicle. In 2000, the subject property was hooked up to City water and sewer service but was never annexed. The reason the applicant is requesting annexation into the City at this time is because of violations in Ada County related to not being approved to operate the auto body shop at his residence in the R1 zoning district. The applicant submitted a site plan included in Exhibit A.2 that shows the placement of structures on the site. The current parcel configuration does not allow the home to comply with the minimum setback standards of the R-8 district listed in UDC Table 11- 2A-6, specifically the rear setback. Therefore, Staff advised the applicant to submit and obtain approval of a property boundary adjustment (PBA) application to enlarge the Zimmerman Auto Body — AZ H-2018-0029 PAGE 5 Meridian City Council Meeting Agenda Wjnertte201352ORgeF74g3f665f 173 residential parcel proposed to be zoned R-8 so that setbacks can be accommodated; and combine the narrow parcel along the west boundary of the site with the larger parcel proposed to be zoned I -L. The proposed zoning boundary is consistent with the future parcel lines. There are specific use standards contained in the UDC (11-4-3-37) that apply to the major vehicle repair use as follows: 1) Where adjoining a residential property or district, all repair activities (including but not limited to, open pits and lifts) shall occur within an enclosed structure; and 2) Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from the street. The applicant's narrative states he operates in compliance with these standards. Because no new development is proposed with this application, current development standards do not apply, although additional provisions could be added as provisions of annexation through a development agreement. Because the adjacent homeowners are in agreement with the proposed annexation and continued use of the property as -is, staff is not recommending compliance with any current development standards. However, if redevelopment occurs in the future, the development standards in effect at that time will apply, including but not limited to: provision of cross -access to adjacent properties and land use buffers to residential uses/districts. The legal description submitted with the subject application is included in Exhibit C and shows the boundary of the property proposed to be annexed and zoned. The property proposed to be annexed is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation and zoning pursuant to Idaho Code section 67-6511A. In order to ensure the site continues to operate such that it is not a nuisance to adjacent residential neighbors, staff recommends a DA is required as a provision of the proposed annexation and zoning that contains the provisions in Exhibit B. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site Layout B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Zimmerman Auto Body — AZ H-2018-0029 PAGE 6 Meridian City Council Meeting Agenda 6&m t9ge201135 KMge F/2gif 66W 173 Exhibit A.1: Zoning/Aerial Map 1 96ti I�. c 2040 -T�� maw e -re NH OHO 000 R-40 11LI1 o I084 I I 1926 885 _' 982 2063 A m � o � 1908 857 41 860 2075 7L �W — F =) 83 ' 841 I 834 O 784 2081 21 1979 1951 --- 778 20 yJ1o2007 - .0 823 _$16 772 �i 788 795 NTALL 4 770 2021 761 775' —PINEPL 53 ,fef 2037 772 - • 749 "P. 753 __ 14ROTAN 759 768 745 ry 740 - - AV E 7544, , 737 7s2 8 721 �-ti 739 732 - 727 728 586 713 716 731 r 712 '713 710 568 705 694 1703 g 698 X675 = 690 687 2080 683 R�8 1998 1972' - I - 674 1 (_ _ I 660 1 661 W SNIDER DR---- _ — 642 191 7 1903 635 m 621 630 RA .= LR;,4-p2 5L O 05 737 1725 531 1527 2090 1900 1 96ti I�. c 2040 -T�� maw e -re NH OHO 000 R-40 11LI1 o I084 I I 1926 885 _' 982 2063 A m � o � 1908 857 41 860 2075 7L �W — F =) 83 ' 841 I 834 O 784 2081 21 1979 1951 --- 778 20 yJ1o2007 - .0 823 _$16 772 �i 788 795 NTALL 4 770 2021 761 775' —PINEPL 53 ,fef 2037 772 - • 749 "P. 753 __ 14ROTAN 759 768 745 ry 740 - - AV E 7544, , 737 7s2 8 721 �-ti 739 732 - 727 728 586 713 716 731 r 712 '713 710 568 705 694 1703 g 698 X675 = 690 687 2080 683 R�8 1998 1972' - I - 674 1 (_ _ I 660 1 661 W SNIDER DR---- _ — 642 191 7 1903 635 m 621 630 RA .= LR;,4-p2 5L O 05 737 1725 531 1527 1036 1 1037 1036 1037 — a X1444 1432 1406 11.121 1027 720 15371 �— 1420 131H i' W ium r^ 1017 R W CA RLTD N sr 682 - 1443— 11407 1339 132' 1007 1445 1421 2 i j - 1612 urt 1488 1464 WIIBIDDIC KI ST 144211420 01 1 M W STATE Sl 1001 1419 tDOi' 1441 997 14401 1422 993 ` C0 a F70 N 9A 969 _.. - }-- 965 00 3 ~ 964 11421 d57 939 n _ 925 x 1430 911 791 1788 771-- 1- -7511 740 741 7311721 -- 720 15371 710 i' W ium r^ 692 �'1531.� � 682 �y15 155 = I 678 is 651 ` 631 648 --_62 2 i j - 1612 m I57J t53 WIIBIDDIC KI ST 524 10 • Homeowners that have signed letters stating they agree with the annexation and take no issue with the project proposed (see application for actual letters). Note: The applicant states that the owner of the property at 834 N. Tall Pine Pl. lives out of state but sent her realtor to their door and gave them verbal agreement. Meridian City Council Meeting Agenda &mrt (32Cl135 2-OlftgeF7WGJ35)f 173 Exhibit A.2: Site Layout I 4 1 � 1 ZLe 1. f -2- Meridian City Council Meeting Agenda Rmertft2=2OMgeB&g3f66%f 173 EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The use of the subject property is limited to the existing single-family residential home in the R-8 zoning district and the auto body shop (i.e. major vehicle repair) in the I -L zoning district. Any expansion of the existing vehicle repair use or a change in use to another industrial use shall require an amendment to this agreement. b. The applicant shall submit and obtain approval of a property boundary adjustment application so that the zoning boundary is consistent with parcel lines and so that the existing residential structure complies with the building setbacks of the R-8 zoning district listed in UDC Table 11-2A-6. c. The applicant shall maintain compliance with the specific use standards listed in UDC 11-4- 3-37, Major Vehicle Repair, as follows: 1) Where adjoining a residential property or district, all repair activities (including but not limited to, open pits and lifts) shall occur within an enclosed structure; and 2) Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from the street. d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the existing auto body shop upon annexation of the property into the City of Meridian. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application at this time. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. PARKS DEPARTMENT 5.1 No comments were received from the Park's Department on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no comments on this application. -3- Meridian City Council Meeting Agenda Mmert*e2013520MgeF?W645)f 173 Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary �LS LENGEBRITSONLAND SURVEYS, PLLC 2251 S, Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 10 March 2018 ELS Project No. 180224 Annexation Land Description ONLY — Contains 49,362 S.F. or 1.13 Acres more or less A tract of land situated within the NE A of the SE % of Section 11, T. 3 N., R.1 K. B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East 74 comer of said Section 11 from which a found brass cap monument marking the Center Y comer of said Section bears N 89°11'18° W a distance of 2655.06 feet; (hence westerly along the northerly line of said SE '% N 88°11'18° W a distance of 511.70 feet to the POINT OF BEGINNING. Thence leaving said line S 00°46'42" W a distance of 33.00 feet to a set steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00648'42"W a distance of 250.00 feet to a found steel pin; Thence N 89°11'18' W a distance of 174.42 feet to a set steel pin on the easterly boundary of Conifer Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00048'42' E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°4842` E a distance of 33.00 feet to a point on said northerly line of the SE Thence easterly on said northerly line S 8901118" E a distance of 174.42 feet to the POINT OF BEGINNING. The above-described tract of land contains 1,13 acnes more or less subject to all existing easements and rights-of-way. 10 -4- Meridian City Council Meeting Agenda 51,mr1AE20135 20F&ge r78W66Fbf 173 ELSENGEBRITSON LAND SUR VEYS, PLLC. 2259 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys,com 19 March 2018 ELS Project No. 180224 Annexation Land Description 014LY Residential Parcel - Contains 18,170 S.F, or 0.42 Ades more or less A tract of land situated within the NE Y4 of the SE % of Section 11, T. 3 N., R. 1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East'/ corner of said Section 11 from which a found brass cap monument marking the Center '% comer of said Sertion bears N 89°11'18" W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89111'18" W a distance of 511.70 feet to the POINT OF BEGINNING, Thence leaving said line S 0048'42" W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00°48'42` W a distance of 117.10 feet to a point; Thence N 69°1118" W a distenco of 120.70 feet to A point; Thence N 00048'42` E a distance of 117.10 feet to a point on the southerfy rights-of•way tine of said VVest Fine Avenue; Thence N 00°48'42' E a distance of 3300 feet to a point on said northerly line of the SE'/; Thence easterly on said northerly line S 89°11'18" E a distance of 120.70 feet to the POINT OF BEGINNING, The above-doscribed tract of land contains 0.42 acres more or less subject to all existing easements and rights-of-way, MA K-1EL VrojedsMIA1ar1224Wdn�nlLegalsSiM4ANNEX Resldonlrai Wi g i fl,dcc -5- Meridian City Council Meeting Agenda 6tmfteZM 2-0Mge63gFF865)f 173 ELSENGE BRITSON LANA? SURVEYS, PLL C. 2251 S. Sumac Street, Boise, Idaho 83708 21 March 2018 Telephone (208) 859-81732 mike@elsurveys.com ELS Project No, 180224 Annexation Land Description ONLY Industrial Parcel - Contains 31,245 S.F, or 0.72 Acres more or less A tracl of land situated within the NE % of the SE % of Section 11, T. 3 N., R.1 W., A.bt., Ada County Idaho, described as follows; Commencing at a found brass cap monument marking the East % comer of said Section 11 from which a found brass cap monument marking the Center''/, corner of said Section boars N 89°1118" W a distance of 2655.06 feet; thence vresteriy a'ang the northerly line of said SE Y4 N 890 11'18° W a distance of 511.70 feet to a point; thence leaving said line S 00°48'42' W a distance of 33,00 feet to a found steel pin on the southerly rights-of-way line of West Piro Avenue; thence leaving said fights -of -way S 00°4842° W a distance of 117.10 feet to the POINT OF BEGINNING. Thence continuing S 00648'42'W a distance of 132.90 feet to a found steel pin; Thence N 89°1118' W a distance of 174.42 feet to a found steel pin on the easterly boundary of Cnnifer Subdivislon (a recorded Plat on file in Boole CA at Pages 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00°48'42" E a distance of 250.00 feel to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°48'42° E a distance of 33.00 feet to a point on said northerly line of the SE 114; Thence easterly on said northerly line S 89'11'18" E a distance of 53.72 feet to a point;' Thence leaving said line 5 00048'42` E a distance of 33.00 feet to a point on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00°48'42" W a distance of 117.10 feet to a point; Thence S 89"11'1 WE a distance of 120.70 feet to the POINT OF BEGINNING. Tho above-described tract of land contains 0,72 acres more or less subject to all existing easements and rights-of-way. 7 '63( i �nja+ntaa, + IC oaO I(:1EiSlNeclst20171100224Wdmintil.egalsl1B0224ANNEX Industrial Parool 0319i8.doo -6- Meridian City Council Meeting Agenda tltn rME2U13$ 206Qge F78f 665of 173 EXHIBIT ZIMMERMAN ANNEXATION _ —FOA - BRIAN & ANGELA ZIMMERMAN A PORTION OF 7HE NE 1/4 OF THE SE 1/4 OF SECTION 1f, T 3 N, R 1 W, B, M. ADA COUN7Y, IDAHO 2018 C 1/4 CORNER W fS:�CT10JJ 11 E 1/4 CORN£R --� CP&F NO, 11400742811 SECT1p'J O 8971'18" W 2655,05' QQ CP&� 1J0, 112C85074CP&F NO. 86051908 w _ S 8911 '18 E 174.42' JC CP41F NO. 8908445 N 1" = 60' 1969.]4 1-5=72'70' ��__ ; ! N ! ACK, r,,4y ksr. Na. M101C740 ! (49Esr;{4�.40J S 8 7118 ! 174.42' c^� R/V•'"sr r;a fna�rs:3 00 48'42" E 33.00' s3 — �S 00'48'42" W 33.00' 4�1zD.7D' F1 ! lJ1 S12111417501 NO1E: AREA'S SHOWN A RE T O 18,11`7 Sq Ff CENrER LIN' W! PINE AENUE 0.42 Ac o CALCU1AT:O P051R0! ONLY N1, FOUND 5/8" STEEL PIN tl bl 4 PO® POLVT OF eEQNNING OI ! f IQ J� 9 BVI of iN —17,0.70' c� _ 512111417515 C,41 fl 31,245 Sq Ft z Q! 0.72 Ac. I o o' 4 4 Zi ENGEElnnSON LANA SUfiVEYS, PLIC, 1 ! 2asr s sunup sraeer 1 1 9a'SE; .l'�JK1 BTICQ _ 160.67 PHONE (2L19) 899-60.17 m&a0a�avrrrp.can N 8971'18"�W 174.427-� it ai F2octit�ELS P feaus'9\sL�iAOF I -7- Meridian City Council Meeting Agenda Nmiefte20133 MMgeF79W6nf 173 D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC I1 -513-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the R-8 and I -L zoning districts is consistent with the existing use and Comprehensive Plan FLUM designation of MDR and the adjacent "floated" Industrial designations for this site. (See section VII above for more in formation) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 and I -L zoning districts is consistent with the purpose statements of the residential and industrial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare as all noise and odor related work associated with the auto body shop will be conducted within the structure. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds the proposed annexation and zoning of this property is in the best interest of the City if the applicant complies with the provisions in the Development Agreement included in Exhibit B. -8- Meridian City Council Meeting Agenda &marME20115 WRge I800865of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 E Project File Number: Item Title: Impact Fee Assessment and Deferral Agreement Meeting Notes: between City of Meridian, Ada County Highway District and Compass Public Charter School, Inc. Uy 14GAgl�S11 (�E IDR IAN,:--- Council Agenda Item - 5.E. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Impact Fee Assessment and Deferral Agreement between City of Meridian, Ada County Highway District and Compass Public Charter School, Inc. ATTACHMENTS: Description Agreement Map Type Upload Date Agreements/ Contracts 11/8/2018 Backup Material 11/8/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 70 of 173 After Recording Return To: Steven B. Price General Counsel Ada Ca uniX Elighway Disaict 3775 Adams Street Garden Cfty, Idaho 83714 ADA COUNTY RECORDER Christopher D. Rich 2018-116724 BOISE IDAHO Pgs=18 LISA BATT 12/11/2018 11:50 AM ADA COUNTY HIGHWAY DISTRICT NO FEE This Space Reserved for Recording Purposes IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT THIS IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Agreement") made this Sth day of December, 2018 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City'); and Compass Public Charter School, Inc.,, an Idaho nonprofit corporation ("Developer"). RECITALS WHEREAS, Developer has acquired certain real property more particularly described in Exhibit A, hereto, and generally located east of Black Cat Road and north of Franklin. Road, City of Meridian, Ada County, Idaho (the "Property"); WHEREAS, Developer will in the future make certain applications to the City regarding the development and construction of a multi -story commercial building on the Property (the "Project"). WHEREAS, pursuant to Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231, the payment of the impact fee required for the development of the Property (the "ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance of a building permit for the Project; WHEREAS, it is the desire of the Developer to defer payment of the AC HD Impact Fee pursuant to the terms of this Agreement; WHEREAS, it is the desire of the City that Developer be able to defer payment of the ACHD Impact Fee for the purposes of encouraging development in Meridian and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to ACHD; WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing the deferral of payment of the AC HD Impact Fee in consideration of the assurances, covenants, and other agreements provided herein by the City and by Developer; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - I WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231 authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between the ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACRD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 231, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition, calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACRD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 231 setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the Building Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 231, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 231 permits ACHD and a "Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of Building Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the issuance of the first building permit necessary to commence construction at the Project (the "Building Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated as of the date of the issuance of the Building Permit. (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 2 least thirty (30) days in advance of any request for the final inspection before the issuance of the Certificate of Occupancy for the Project. (e) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the Building Permit. 3. Collection of ACRD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, or that the ACHD Impact Fee is no longer due and payable, the City: (i) will not issue the Certificate of Occupancy for the Project, (ii) will not provide any utility services for any purposes other than system testing and non- occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. (b) Developer acknowledges and agrees that as a condition precedent to the City issuing the Certificate of Occupancy, that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond July 31, 2019, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (c) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (d) Refund of Payment of Fee. Notwithstanding any other provision of this Agreement, in order to have its building permit released, Developer may pay the ACHD Impact Fee to ACRD. If and when this Agreement is approved and executed, the Developer and ACHD hereto agree that ACHD will refund the ACHD Impact Fee that has been paid without interest on the funds and the deferral process contemplated herein will be implemented. (e) Satisfaction. Upon payment of the ACRD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer's performance, IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 3 and then and only then shall the City proceed with the issuance of the Certificate of Occupancy for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City's employees, officials, agents, and/or contractors) will not proceed with the issuance of the Certificate of Occupancy for the Project until the foregoing condition is met. (1) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the issuance of the Certificate of Occupancy for the Project, deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. Due to the complexity and unique issues presented by the development of the Project, ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 231. 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required, ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the Building Permit was originally issued, (ii) ACHD may assess a penalty of $500 per day for non- payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein, Developer shall only be entitled to non -monetary remedies, such as specific performance, declaratory relief, and injunctive relief. (c) if City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer shall only be entitled to non -monetary remedies, such as specific performance, declaratory relief, and injunctive relief. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 4 6. Existing Joint Governmental Entity Agreement. ACRD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement"). ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes, rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACHD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. 8. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys' Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys' fees on any appeal. (d) Assignment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of both ACHD and the City, which may be withheld in either of their sole discretion. Without limiting the foregoing, the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 5 ACHD has received full payment of the ACHD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each party hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (h) Recitals. The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. (j) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk. The Parties agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices, requests, consents, approvals, payments in connection with this Agreement, or communications that either party desires or is required or permitted to give or make to the other party under this Agreement shall only be deemed to have been given, made and delivered, when made or given in writing and personally served, or deposited in the United States mail, certified or registered snail, postage prepaid, or sent by reputable overnight courier (e.g., FedEx) and addressed to the parties as follows: ACHD: Ada County Highway District Attn: Gary Inselman 3775 Adams Street Garden City, Idaho 83714-6447 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 6 DEVELOPER: Compass Public Charter School, Inc. Attn: L t Nd.. S i-rN er 2511CW CW he�iTy Lane Meridian, Idaho 83642 City City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refused), if personally delivered or rejected. (t) Amendment to Ordinances. The parties acknowledge that Ordinance 231 may be amended, repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et seq. To the extent that references to specific sections incorporated in Ordinance 231 are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts. The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments, certificates, instruments, records, or other documents, assurances or things as may be reasonably necessary to give full effect to this Agreement and to allow each party fully to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follow on nextpage IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 7 ACHD ADA COUNTY HIGHWAY DISTRICT By M —Z Sara M-Saker, Conmisslon- ---- President STATE OF IDAHO ) County of Ada On this 5b day of December, 2018, before me, a Notary Public, personally appeared Sara M. Baker, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the per -son whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN. WITNESS WIUMEOF, I have hereunto set �myland)and affixed my of seal the day and year in this certificate first above written. L. spz-, XR J76, '*o V. mgt"` 1� Comm. 62051 1-10 see �i Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 8 DEVELOPER Compass Public Charter School, Inc., an Idaho non-profit corporation By: �:) /-;') A, L/ GL Norriand Varin, President STATE OF IDAHO ) )ss. County of Ada ) On this L,"' day of 9tvt,.4,_ , 20 N, before me, a Notary Public, personally appeared Aorwt f Vaw;,A , known or proved to me to be the Pr�t,It,,,�� of Compass Public Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••'•��tiR 'E ••Y '�.•: G' : • �yO'TARy . ��, • x• SC= ' z= v : PUBLIC - 00 '• �' •••.. No. .••��. ''•••qTF OE X0 "o "MI ; C az'f1 - Notary Public Residing atdi, Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL, AGREEMENT - 9 CITY CITY OF MERIDIAN Tammy de 1ye-e 'M-ay'or STATE OF IDAHO ) )ss. County of Ada ) On this Et day of p�( IYI�jQr, 20 19 , before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY�C-- Notary Public COMMISSION #67390 Residing at `rn cQemhp NOTARY PUBLIC ares Ex STATE OF IDAHO Comm. p' 3 a$-aoaa MY COMMISSION EXPIRES 3/28/22 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT -10 Exhibit A Legal Description of Property (Legal Description to be inserted by Developer or ACRD prior to Recordinel IMPACT FEE ASSESSMEN Dn1KMWUt MMFKd-mUr 13, 2018 — Page 81 of 173 Exhibit B Form Termination and Release IMPACT FEE ASSESSMEN en Dny Co nae"etg PiQ2 NbVemr 13, 2018 — Page 82 of 173 Recording Requested By and When Recorded Return to: Attn: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination') made this day of , 20_ by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Compass Public Charter School, Inc., an Idaho non-profit corporation ("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the , day of 20 B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parities desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the day of 20 'by the parties and recorded , 20 , as Instrument No. , records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT����l�averb�er 13, 2018 — Page 83 of 173 ACHD ADA COUNTY HIGHWAY DISTRICT Sara M. Baker, Commission President STATE OF IDAHO ) )ss. County of Ada ) On this day of , 20 —'before me, a Notary Public, personally appeared Sara M. Baker, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT FEE ASSESSMEN &Ue& I( &eMj % § MaemMr 13, 2018 — Page 84 of 173 DEVELOPER Compass Public Charter School, Inc., an Idaho non-profit corporation Nortnand Varin, President STATE OF IDAHO ) )ss. County of Ada ) On this Ute'' day of , 2018 , before me, a Notary Public, personally appeared U1 ,;„ , known or proved to me to be the i�ref/tfe- f of Compass Public Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writtenZhLw, ',,��nnu�p� �ER E. f o , ,��.�� ��•........•• Notary Pu is OTAR y's Residing at c —•— Y N : o = Comm. Expires it '24,zy :V: PUB LXC .;%."'. No. 4 .0 IMPACT TEE ASSESSMENT aPAffOLRTAhAWffA§N(v6X'%r 13, 2018 — Page 85 of 173 CITY CITY OF MERIDIAN Lo STATE OF IDAHO ) )ss. County of Ada ) Tammy de Weerd, Mayor On this day of , 20 , before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT FEE ASSESSMENTMAN�anll6ty�I� t��ver��er 13, 2018 — Page 86 of 173 Exhibit A Legal Description of Property IMPACT FEE ASSESSMENTMAN� D � RRc, A RTv5rV ere ian i y ounce ee a er 13, 2018 — Page 87 of 173 £099f7co Us 299££04Z4S 40 09v9££04Z4S £OV9££04Z4S ZZ89;A6Z s 0 N O _ M M ul S}}I.IJ N i C i = LL£9££04US Y c ca i li 9Z£9££04Z4S 1 49£9££04Z4S O d M co O O N N_ Cn O � Cn � U � N_ ' 2 U)I c ME a� 0 0 N I I U r 00 0 N O U) I` o o N co X O co r N CO M m c) CO O co O 4049M£04Z4S A 7 CD C4 0) � CA 0 �L. N Cn ul S}}I.IJ N i C i = LL£9££04US Y c ca i li 9Z£9££04Z4S 1 49£9££04Z4S O d M co O O N N_ Cn O � Cn � U � N_ ' 2 U)I c ME a� 0 0 N I I U r 00 0 N O U) City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 F Project File Number: Item Title: Agreement for Human Resource Consulting with Kathy Drury -Bogle Meeting Notes: rte✓ APPROVED CiWE IDi� � Council Agenda Item - 51. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Agreement with Kathy Drury -Bogle for Human Resources Consulting ATTACHMENTS: Description Type Upload Date Agreement Agreements/ Contracts 11/5/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 89 of 173 THIS AGREEM Meridian, a municipal co. referred to as "CITY", 33 DRURY-BOGLE CONS CONSULTING, LLC", 4 AGREEMENT FOR PROFESSIONAL SERVICES lT, made this 1st day of October, 2018, by and between the City of ration organized under the laws of the State of Idaho, hereinafter est Broadway Avenue, Meridian, Idaho 83642, and KATHY TING, LLC, hereinafter referred to. as "KATHY DRURY-BOGLE S. Pinerest Way, Boise, Idaho 83716. 1, Scope of Sei vices: KATHY DRURY-BOGLE CONSULTING, LLC shall perform all s rvices, and comply in all respects, as specked in the document titled "Scope. of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in riting by the parties, 2. Time of Performance: This agreement shall become effective upon execution by both parties, land shall expire on September 30, 2019 unless earlier terminated or extended. 3. Indemnific bion and Insurance: KATHY DRURY-BOGLE CONSULTING, LLC shall inlemnify and save and hold harmless CITY from and for any and all losses, claim, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by KATHY DRURY-BOGLE CONSULT G, LLC, its servants, agents, employees, guests, and business invitees, and caused by or arising out of the tortuous conduct of CITY or its. employees. THY DRURY-BOGLE CONSULTING, LLC shall maintain, and. specifically agrees that it will maintain, throughout the tern of this Agreement, liability ins ante, in which the CITY shall be named an additional insured in the minimum alount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the .covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, I THY DRURY-BOGLE CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actio is, or judgments for damages or liability to persons or property. Additionally KATHY DRURY-BOGLE CONSULTING, LLC shall maintain Workers Co pensation Insurance, in the statutory limits as required bylaw. KATHY D Y-BOGLE CONSULTING, LLC shall provide CITY with a Certificate o r Insurance, or other proof of insurance evidencing KATHY DRURY-B GLE CONSULTING, LLC's compliance with the requirements of this paragra h and file such proof of insurance with the CITY. In the event the insurance m' urns are changed, KATHY DRURY-BOGLE CONSULTING, LLC shalltil ediately submit proof of compliance with the changed limits. Evidence insurance shall be submitted to the City Cleric with a copy to Human Resources Consulting Ag+ment - KATHY DRURY-BOGLS CONSULTING, LLC — page 1 of 5 City Council Meeting Agenda November 13, 2018 — Page 90 of 173 Meridian City Human Resources, 33 East Broadway Avenue, Suite 308, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, KATHY DRURY-BOGLE CONSULTING, LLC shall be acting as an independent contractor, and neither KATHY DRURY-BOGLE CONSULTING, LLC nor any officer, employee or agent of KATHY DRURY-BOGLE CONSULTING, LLC will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Presentation Materials: All materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the CITY. 6. Compensation: KATHY DRURY-BOGLE CONSULTING, LLC shall be compensated for professional human resources services pursuant to and specified in attached Exhibit "A." During the remainder of this agreement, if the CITY uses KATHY DRURY-BOGLE CONSULTING, LLC for the same or additional training then a new Scope of Work shall be prepared and incorporated by reference with this Agreement. Method of Payment: KATHY DRURY-BOGLE CONSULTING, LLC will invoice the City of Meridian Human Resources Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (3 0) days after receipt. 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 Clerk City of Meridian Attn: Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 KATHY DRURY-BOGLE CONSULTING, LLC 4222 Pinerest Way Boise, Idaho 83716 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, Human Resources Consulting Agreement - KATHY DRURY BOGLE CONSULTING, LLC—page 2 of 5 Meridian City Council Meeting Agenda November 13, 2018 - Page 91 of 173 9. 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. 10. 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 timelyperform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that KATHY DRURY BOGLE CONSULTING, LLC 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. 12. Discrimination Prohibited: In performing the Services required herein, KATHY DRURY-BOGLE CONSULTING, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 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. Audits and Inspections: At anytime 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 KATHY DRURY-BOGLE CONSULTING, LLC'S records with respect to all matters covered by this Agreement. KATHY DRURY-BOGLE CONSULTING, LLC 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. 15, Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 3 of S Meridian City Council Meeting Agenda November 13, 2018 — Page 92 of 173 16. Compliance with Laws: In performing the scope of services required hereunder, KATHY DR Y-BOGLE CONSULTING, LLC shall comply with all applicable laws, ordinallces, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to b performed hereunder. Such changes, including any increase or decrease in tl ie amount of KATHY DRURY-BOGLE CONSULTING, LLC's compensatioi i, which are mutually agreed upon by and between the CITY and KATHY DR JRY-BOGLE CONSULTING, LLC, shall be incorporated in written amendments to this Agreement. 18. Terminatio; LLC, its offi manner its o agreements, required to t other act of i determines t CITY shall t notice to KA, and specifyil effective dat LLC may tei notice to CE If, through any cause, KATHY DRURY-BOGLE CONSULTING, -rs, employees, or agents fails to fulfill in a timely and proper igations under this Agreement, violates any of the covenants, r stipulations of this Agreement, falsifies any record or document prepared under this agreement, engages in fraud, dishonesty, or any isconduct in the performance of this contract, or if the City Council Lt termination of this Agreement is in the best interest of CITY, the -reupon have the right to terminate this Agreement by giving written 'HY DRURY-BOGLE CONSULTING, LLC of such tennination the effective date thereof at least fifteen (15) days before the of such termination. KATHY DRURY-BOGLE CONSULTING, tinate this agreement at any time by giving at least fifteen (15) days In the eventf any termination of this Agreement, all finished or unfinished documents, ata, andreports prepared by KATHY DRURY-BOGLE CONSULTING, LLC under this Agreement shall, at the option of the CITY, become its property, and KATHY DRURY-BOGLE CONSULTING, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hei eunder. Notwithstan ing the above, KATHY DRURY-BOGLE CONSULTING, LLC shall not be elieved of liability to the CITY for damages sustained by the CITY by virtue of iny breach of this Agreement by KATHY DRURY-BOGLE CONSULTI qG, LLC, and the CITY may withhold any payments to KATHY DRURY B GLE CONSULTING, LLC for the purposes of set-off until such time as the exact ount of damages due the CITY from KATHY DRURY-BOGLE CONSULTT 90, LLC is determined: This provision shall survive the termination of this agree ent and shall not relieve KATHY DRURY-BOGLE CONSULTING, LLC of its liability to the CITY for damages. 19. Constructi n and Severability: If any part of this Agreement is held to be invalid or uu enforceable, 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. Htunan Resources Consulting Agr�ement -KATHY DRURY-BOGLE CONSULTING, LI.0 —page 4 of 5 City Council Meeting Agenda November 13, 2018 — Page 93 of 173 20. Entire Agr and superse whether pre 21. Applicable enforced in the City of 22. Attest: Coles, Approval R approved by Clerk gent; This Agreement contains the entire agreement of the parties any and all other agreements or understandings, oral of written, is to the execution hereof or contemporaneous herewith. : This Agreement shall be governed by and construed and dance with the laws of the State of Idaho, and the ordinances of lian. iced: This Agreement shallnot become effective or binding until City of Meridian. XATI-IY DRURY-BOGLE CONSULTING, LLC. Kathy rtuy ole Manager CITY OF MERIDIAN Tammy de Wee d, Mayor C__ ('+ CRY ()r � E �I�Aj� SEAL JP" Human Resources Consulfing Agr4ment - KATHY DRURY-BOGLB CONSULTING, LLC — page 5 of 5 Scope of Work To create an employee scope of this contract. Kathy Drury -Bogle will we City of Meridian during re, reduction of hours can be Services Requested The services requested to the following: ■ Review of existing tra ■ Identify course conter ■ Develop course mates needs to include instri ■ Make course material program requirement: ■ Deliver courses to em ■ Train internal staff to c ■ Provide ongoing supp • Utilize purchased PowerPoint prese Courses will utiliz practice concepts • Provide all course property of the Cil employee groups; • Dates will be date Consulting availat ■ Provide consultative s appropriate content, d ■ Provide consultative s Roles and Respons • Provide purchas+ course for your n • Provide timely fe be made; • Provide the traini • Provide the traini materials (flipcha show to support i • Provide timely pE Cost: Fee Schedule ■ Hourly rate of $1 EXHIBIT "A" ment program. Delivery of content developed may also be within to 20 hours per month, working either at home office or on-site at Monday through Friday week day hours. Additional hours or tiated on an as -needed basis. Drury -Bogle Consulting, LLC, will include but will not be limited content; d develop descriptions; (Facilitator and Participant) and customize to City of Meridian's led and web based options; :hase recommendations for external resources to align with ?r courses; n utilization of employee training programs / curriculum; culurn and design, develop, and customize a facilitator guide, on, and worksheets/handouts for City selected training courses, )eriential learning techniques to engage learners and allow them to educed in the class; erials in Microsoft Word format. Course materials will be the Meridian and will be able to be customized and utilized for different by both the City of Meridian schedule and Kathy Drury Bogle ces with regard to web -based training solutions, selection of lopment and upload of content; ces with regard to city training initiatives, the City of Meridian rriculum and information needed to adequately customize the regarding course materials regarding any revisions you wish to gals/objectives; ;nue (location), copies of course materials, and other training white board, LDS Projector — if you would like a PowerPoint slide lass), TV and DVD player; nt of services (within 45 days of the final service). City Council Meeting Agenda November 13, 2018 — Page 95 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 G Project File Number: Item Title: Memorandum of Agreement Meeting Notes: Concerts on Broadway with Meridian Development Corporation for Not -to -Exceed $10,000 � APPROVED (�EI�IAN.:---IS Co Agenda Item - 5.G. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Memorandum of Agreement for Concerts on Broadway with Meridian Development Corporation for Not -to -Exceed $10,000 ATTACHMENTS: Description Concerts on Broadway Type Cover Memo Meridian City Council Meeting Agenda November 13, 2018 — Page 96 of 173 Upload Date 11/8/2018 MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO 2019 CONCERTS ON BROADWAY This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CONCERTS ON BROADWAY ("Agreement") is made this 24th day of October, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts; WHEREAS, in the summer of 2019, the Meridian Arts Commission will present Concerts on Broadway, a series of live, outdoor performances to be held in the Meridian City Hall plaza; and WHEREAS, MDC is willing to contribute to City ten thousand dollars ($10,000.00) toward expenses related to the presentation of the Concerts on Broadway series; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Concert production. Between May 31, 2019 and September 30, 2019, City agrees to present four (4) free outdoor concerts at Meridian City Hall plaza as part of the 2019 Concerts on Broadway series. Such concerts will include live musical performance, and may include an opening act, food vendor(s), amplified sound, and limited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2019 Concerts on Broadway series, which publicity may include distribution of information via written and broadcast media, social and online media, e-mail, posters, and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor of the 2019 Concerts on Broadway series, MDC's desire is to be acknowledged as a Tier 1 sponsor (or like designation). As such, MDC shall be entitled to recognition as "sponsored by," and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one (1) invoice to MDC by January 19, 2019, in the amount of ten thousand dollars ($10,000.00), and City shall use such amount for the payment of expenses related to the production of Concerts on Broadway. MEMORANDUM OF AGREEMENT FOR MDC' S CONCERTS ON BROADWAY CONTRIBUTION PAGE 1 of 3 Meridian City Council Meeting Agenda November 13, 2018 — Page 97 of 173 termination or breach, and MDC shall not be entitled to pro -rata or other reimbursement in such circumstance. E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its officers, agents, consultants, and employees from and against any and all liability, claims, losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred therein, for damages, losses, or injury to entities, persons or property for any act, error, or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees, contractors, or agents related to or connected with this Agreement. F. 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. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. MERID DEVELOPMENT CORPORATION: Attest: SIGNATURE SIGNATURE BY (PRINT NAME, TITLE) CITY OF MERIDIAN: z o Tammy��d, Mayor City of w EIDIAN$-- IDAHO x- SEAL BY PRINTNAME, TITLE) Attest: C. ay Coles, i Clerk MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 OF 3 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 H Project File Number: Item Title: Memorandum of Agreement Meeting Notes: Contribution from Meridian Development Corporation to Traffic Box Community Art Project for Not -to -Exceed $5,000 07 C -/WE IDR IAN:--- Council Agenda Item - 5.1-1. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Memorandum of Agreement for Contribution from Meridian Development Corporation to Traffic Box Community Art Project for Not -to -Exceed $5,000 ATTACHMENTS: Description Traffic Box Art Type Cover Memo Meridian City Council Meeting Agenda November 13, 2018 — Page 99 of 173 Upload Date 11/8/2018 MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this 24th day of October, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end, City has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District ("ACHD"), as a benefit to the public; WHEREAS, the Meridian Arts Commission intends to work with artists, ACHD, and MDC to install traffic box Project wraps in fiscal year 2019; and WHEREAS, MDC is willing to contribute to City up to five thousand dollars ($5,000.00) toward expenses related to the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Project wrap installation. Between February 8, 2019 and September 30, 2019, City agrees to invest MDC's contribution in the installation of art wraps on Meridian Road and Main Street between Fairview and Franklin Roads. The parties intend these funds to be used on Project boxes within MDC's downtown urban renewal district boundaries. The specific locations must be approved in writing by the MDC Administrator. B. Selection of artists, traffic boxes. City shall include MDC in the process of selecting artists and/or artwork for transfer onto the Project boxes that are the subject of this Agreement. City shall include MDC in the process of selecting the traffic boxes for the Project wraps. All Project boxes considered and selected must be located within the Meridian Urban Renewal Area. Regarding decisions related to selection of artists, artwork, or specific installation locations, City shall duly consider MDC input and shall make a reasonable effort to come to consensus; however, City shall be responsible for the final decision regarding selection of artists, artwork, or specific installation locations. C. Acknowledgment of sponsorship. If City decides to acknowledge sponsors of wraps installed as part of Project, City shall acknowledge MDC on the Project wraps that are the subject of this Agreement. 2019 MOA MDC AND CITY FOR TRAFFIC Box COMMUNITY ART PROJECT CONTRIBUTION PAGE 1 OF 3 Meridian City Council Meeting Agenda November 13, 2018 — Page 100 of 173 D. Invoice MI)C. City shall remit to MDC an invoice for each Project box, with receipts for payments rendered to vendor(s) for the Project wraps that are the subject of this Agreement, and shall request reimbursement from MDC to City for such payments, in a total amount not to exceed five thousand dollars ($5,000.00). H. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of each of City's invoices, MDC shall provide payment to City in the amount of each invoice, with the total amount sought for reimbursement not to exceed five thousand dollars ($5,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on sponsorship acknowledgment, if any, on the Project wraps that are the subject of this Agreement. C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. III. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2019. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres, Administrator 33 E. Broadway Avenue 104 East Fairview Avenue #239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (3 0) days written notice. If 2019 MOA MDC AND CITY FOR TRAFFIC BOX COMMUNITY ART PROJECT CONTRIBUTION PAGE 2 OF 3 Meridian City Councii Meeting Agenda November 13, 2018 — Page 101 of 173 MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its officers, agents, consultants, and employees from and against any and all liability, claims, losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred therein, for damages, losses, or injury to entities, persons or property for any act, error, or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees, contractors, or agents related to or connected with this Agreement. F. 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. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to effective on the date first noted above. ME DEVELOPMEN CORPORATION: Chairman CITY OF MERIDIAN: MayorO�P(ED 09' AUGvsT� s o c ny �-- ur WE w C IDIAN IDAHO s� SEAL Attest: <Vs� Attest: C.JC l, 'ty Clerk Secretary 2019 MOA MDC AND CITY FOR TRAFFIC Box COMMUNITY ART PROJECT CONTRIBUTION PAGE 3 OF 3 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 51 Project File Number: Item Title: Coordination Services Agreement Main Street Market Meeting Notes: 2019-2020 Meridian Main Street Market Event Coordination Services Agreement between City of Meridian and Plum Unique Events LLC Not to Exceed $10,000 CiWE IDIS IAN,:--- Council Agenda Item - 5.1. Presenter: Colin Moss Estimated Time for Presentation: 0 ITEM SHEET Title of Item - 2019-2020 Meridian Main Street Market Event Coordination Services Agreement between City of Meridian and Plum Unique Events LLC Not to Exceed $10,000 The agreement with MDC for their support of the Main Street Market for 2019 and 2020 was approved at the Oct 23 Council Meeting. This agreement spells out how the funds the City will receive from MDC will be distributed to the market coordinators as well as their and the City's responsibilities in the production of the market. ATTACHMENTS: Description Type Upload Date 2019-2020 Meridian Main Street Market Event Coordination Agreements / Contracts 11/8/2018 Services Agreement Meridian City Council Meeting Agenda November 13, 2018 — Page 103 of 173 PRO F +SSIONAL SERVICES AGREEMENT FOR EVENT COORDINATION SERVICES: 2019 AND 2020 MERIDIAN MAIN STREET MARKET This PROFESSIONAL SERVICES AGREEMENT FOR EVENT COORDINATION SERVICES: 2019 AND 2020 MERIDIAN MAIN STREET MARKET ("Agreement") is made this IT day of November, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, ("City") and Brittany Price and Cheree Eveland, on behalf of Plum Unique Events LLC, a limited liability company organized under the laws of the State of Idaho ("Promoter"). WHEREAS, City and Promoter seek to present a weekly farmers' market in downtown Meridian, to be promoted as the Meridian Main Street Market ("Market"), in order to advance the parties' mutual interests in enhancing the Meridian community's quality of life; enriching the character of downtown Meridian; promoting healthy eating and locally grown produce; and providing opportunities for community members to produce and sell fruits, vegetables, and other agricultural or hand-crafted products; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Market event planning and presentation. Promoter shall plan and present the Market each Saturday between June 22, 2019 and August 31, 2019 as well as between June 27, 2020 and September 5, 2020, in accordance with the specifications set forth herein. Promoter shall be responsible for all contractual arrangements and obligations, financial or otherwise, related to the Market and/or the services provided hereunder, and shall plan for all logistics and provide all features of the Market, which shall include, but need not be limited to: market vendors, educational displays, musical performers or music deejay, sound system, food trucks and/or food and beverage vendors, event security, crowd management, traffic control, first aid stations, and signs. B. Market specifications. The Market shall comply in all respects with each and all of the following specifications. 1. The Market shall be presented in and around Meridian City Hall Plaza, 33 E. Broadway Avenue, in Meridian, Idaho, on all Saturdays between June 22, 2019 and August 31, 2019 as well as between June 27, 2020 and September 5, 2020. Promoter may choose to extend the Market to include Saturdays beyond these dates. The Market dates in each year must be finalized a minimum of sixty (60) days prior to the first date of the Market season. 2. The Market shall include at least twenty-five (25) vendors per week, selling a variety of products grown, made, or otherwise produced by such vendors, including, for example, fruit, vegetables, herbs, baked goods, and crafts. Promoter may charge vendors a reasonable registration fee to participate in the Market, at Promoter's discretion. If fees are PROFESSIONAL SERVICES AGREEMENT- EVENT COORDINATION, MAIN STREET MARKET PAGE 1 of 8 charged for vendor participation, Promoter must offer a separate, discounted rate specifically for youth vendors, in order to encourage youth participation. 3. In addition to vendors, the Market may feature: a. Educational displays regarding gardening or agriculture, for example, composting, soil preparation, etc.; b. Cooking or food demonstrations; c. Community Garden representatives offering youth the opportunity to sign up for garden plots; d. Food trucks; and e. Music, live performance or deejay. 4. The Market and all components thereof shall comply in all respects with all conditions of the applicable City of Meridian Temporary Use Permit, other applicable permits and permitting requirements, Meridian City Code, and state and federal law. 5. All music played at the Market, whether live performance or recorded, shall contain material, and shall be performed or played in such a manner, as shall be appropriate for all ages, values, and sensibilities. Music shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory in nature. 6. Promoter, or Promoter's employee or assign, shall be on site at the Market from set-up through tear -down each week, to supervise and to ensure that use of City facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. 7. The Market shall be open to the public at no cost; Promoter may not collect admission fees for the Market or any component thereof. 8. Promoter shall be responsible for obtaining, at Promoter's sole expense, or requiring vendors to obtain, at their expense, all necessary permits for the Market as required by any agency other than the City of Meridian or the Ada County Highway District, except that if Promoter chooses to allow alcohol sales at the Market, each alcohol seller must obtain a Liquor Catering Permit through the Meridian City Clerk's Office. Other necessary permits may include, but shall not be limited to, permits from the Central District Health Department, Idaho State Department of Agriculture, and Idaho Tax Commission. 9. Promoter shall require vendors using City equipment to protect such equipment from damage as much as practicable, including a requirement that vendors using City tables cover them with tablecloths. C. Insurance. Promoter shall obtain, and shall maintain throughout the term of this Agreement, insurance as set forth below. Proof of such insurance shall be provided to City by 5:00 p.m. on May 3, 2019 and then again on May 1, 2020, evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing a thirty -day notice of cancellation endorsement. In the event of cancellation or restriction by the insurance company of the insurance policy, Promoter shall notify City in writing within three (3) business PROFESSIONAL SERVICES AGREEMENT— EVENT COORDINATION, MAIN STREET MARKET PAGE 2 of 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 105 of 173 days. City has the right to suspend portions of this Agreement in the City's sole discretion if Promoter's insurance is revoked, cancelled, expires or Promoter is otherwise without insurance coverage as set forth below. Promoter shall maintain the following insurance coverage: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Promoter shall notify City in writing within three (3) business days, City has the right to suspend portions of this Agreement in the City's sole discretion if Promoter's general liability insurance is revoked, cancelled, expires or Promoter is otherwise without general liability insurance. 2. Workers' compensation insurance on any and all persons in Promoter's employ, where and in the minimum amount(s) as required by Idaho law. D. Equipment/event rentals. Except as otherwise specifically stated herein, Promoter shall be responsible for obtaining or renting, at Promoter's sole expense, all necessary or desired equipment for the Market (e.g., sound system, temporary restrooms, hand washing stations, etc.), E. Sponsorship. Promoter may sell sponsorships of Market, and may retain all proceeds collected from such sponsorships. Promoter may not engage any sponsor which promotes or endorses any of the following content: 1. Content that is deemed in violation of any applicable City policy; 2. Profane, obscene, indecent, violent, or pornographic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Content that promotes, fosters or perpetuates conduct in violation of any federal, state or local law; 7. Content that encourages or incites illegal activity; 8. Information that may compromise the safety or security of the public or public systems; 9. Content that violates a known legal ownership interest, such as a copyright, of any party; or 10. Any content that contains or perpetuates a message that the City deems to be inappropriate or not in the best interest of the City of Meridian. If the City becomes aware that any engaged or potential sponsor of the Market promotes or endorses such content, the City may terminate this Agreement, restrict or remove any content that is deemed in violation of this policy or any applicable law, and/or cancel the sponsored feature. F. Promotion. Promoter shall be responsible for any and all efforts to promote the Market via broadcast, print, and online promotion, and/or local media and event calendars. Promoter may, at Promoter's sole expense, purchase commercial advertising of the Market. Whenever feasible, Promoter shall include the Meridian Main Street Market logo on all print, online, PROFFSSIONAI. SERVICES AGRF.FMENT— EVENT COORDINATION, MAIN STREET MARKET PAGr: 3 of 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 106 of 173 digital, and social media materials. City shall provide to Promoter, upon request, a digital copy of the logo. H. PAYMENT. A. Payment. For services rendered pursuant to this Agreement, City shall remit to Promoter a total amount not to exceed ten thousand dollars ($10,000.00). This amount shall constitute full compensation from City to Promoter for any and all services, costs, and expenses related to services performed under this Agreement. Promoter shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. To obtain payment, Promoter shall submit invoices to City pursuant to the following timeline and in the following enumerated amounts. City shall pay Promoter such enumerated amounts within thirty (30) days of receipt of Promoter's invoice, provided that Promoter has timely provided services as described herein. 1. May 1, 2019: $ 1,000.00 2. June 1, 2019: $ 1,000.00 3. July 1, 2019 $ 1,000.00 4. August 1, 2019: $ 1,000.00 S. September 1, 2019: $ 1,000.00 6. May 1, 2020: $ 1,000.00 7. June 1, 2020: $ 1,000.00 8. July 1, 2020: $ 1,000.00 9. August 1, 2020 $ 1,000.00 10, September 1. 2020 $ 1,000.00 Total compensation: $ 10,000.00 III. CITY'S RESPONSIBILITIES. A. City permitting and reservations. City shall, on behalf of Promotor, obtain a City of Meridian Temporary Use Permit for the Market, and shall reserve and make Meridian City Hall Plaza and front parking lot available for the Market. City shall, upon Promotor's request, reserve meeting space at Meridian City Hall for workshops and orientation meetings. B. ACHD permitting and traffic control signage. City shall, on behalf of Promoter, obtain an ACHD Special Event Permit for the Market, and shall provide all required traffic control signage. Promoter shall be responsible for compliance with any and all terms of the ACHD Special Event Permit, including setting up the traffic control signage before each Market in compliance with the approved ACHD Special Event Permit and for taking down the signage after each Market has concluded. C. Promotion. City shall promote the Market via City communication outlets, including the City newsletter, City website, and Meridian Parks & Recreation Department Activity Guide, D. Canopies and tables; load out. City shall provide, specifically for youth vendors participating in the Market, up to twenty-three (23) canopies with dimensions of approximately ten feet by ten feet (10' x 10'), twenty-three (23) sets of canopy weights, and up to twenty-three (23) eight - PROFESSIONAL SERVICES AGREEMENT—EVENTCOORDINATION, MAIN STREET MARKET PAGE of 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 107 of 173 foot (8') tables. This equipment will be stored in a locked trailer which the City will deliver to the City Hall Plaza the Friday prior to each Market. Promoter shall be given the code to access the trailer and shall be responsible for setting up and configuring all tables and canopies. E. Meridian Parks & Recreation Department staff. City shall schedule one (1) Meridian Parks & Recreation Department staff member to provide janitorial services, garbage removal, and set out extra trash cans before each market. Promoter shall be responsible for reasonable janitorial service and garbage removal during each market. Meridian Parks & Recreation on-call staff will respond, though, to calls for services above and beyond what Promoter can provide themselves. The selection of staff for this purpose shall be in City's sole discretion. F. Primary Source of Contact for City. City shall provide Promoter the name, e-mail address, and telephone number of specific City personnel who shall serve as City's primary contacts between City and Promoter for all day-to-day matters regarding City's and Promoter's responsibilities under this Agreement (hereinafter "City Contact"). City may establish one City Contact for Market event planning and presentation, and another City Contact for Market operations. Ill. TERMS AND CONDITIONS A. Public place. Promoter acknowledges that Meridian City Hall and Meridian City Hall Plaza are public places, and that all members of the public shall be invited to attend the Market. The public must have general access to the Plaza at all times, so long as such access does not unduly interfere with the use of the Plaza for the Market. B. Vehicles. Driving or parking vehicles on non -designated driving or parking surfaces shall be prohibited, with the limited exception of vehicles driven short distances on non -designated driving surfaces for the purpose of transporting, loading, or unloading equipment and supplies during set-up or tear -down. Vehicles may not be driven on turf or landscape areas, unless at the direction of Meridian Parks & Recreation Department staff. C. No financial obligation. The parties agree that, other than as specifically set forth herein, City shall have no obligation to contribute personnel or funding to the planning or production of the Market, and no obligations other than those specifically set forth in this Agreement. D. Cancellation. City Contact may, in his or her sole discretion, elect to cancel one or more weekly markets comprising the Market, with no notice to Promoter, where cancellation is in the best interest of City or the public health, safety, or welfare, due to weather, act of God, unforeseen facility closure, or other reason. E. Term. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on October 31, 2020, unless earlier terminated or extended in the manner as set forth in this Agreement. F. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly PROFESSIONAL SERVIcrs AGREEMENT— EVENT COORDINATION, MAIN STREET MARKET PAGE 5 of 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 108 of 173 of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. G. Notice. Communication between Promoter and the City Contact(s) regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: City: Promoter: City Clerk Brittany Price and Cheree Eveland City of Meridian Plum Unique Events LLC 33 E. Broadway Avenue 5975 S. Fireglow Meridian, Idaho 83642 Boise, Idaho 83709 H. City policy applies. Promoter shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department. I. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Meridian City Hall or Meridian City Hall Plaza, the activities described herein for educational, promotional, and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. J. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of its obligations or rights under this Agreement related to or that may relate to Promoter's professional event planning expertise. Promoter may subcontract or assign obligations that do not require such expertise, including, but not limited to, such obligations as transport and set-up of equipment. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. K. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice of termination. L. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. M. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter, its assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. PROFESSIONAL SERVICES AGREEMENT— EVENT COORDINATION, MAIN STREET MARKET PAGE 6 of 8 Meridian City Council Meeting Agenda November 13, 2018 — Page 109 of 173 N. Waiver. Except as to rights held under the terms of this Agreement, Promoter shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. O. Relationship of Parties. Promoter is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter and City or any official, agent, or employee of City. Specifically, without limitation, Promoter understands, acknowledges, and agrees: . Except as otherwise set forth herein, Promoter is free from actual and potential control by City in the provision of services under this Agreement. 2. Promoter is engaged in an independently established trade, occupation, profession, or business. 3. Promoter has the authority to hire subordinates. 4. Promoter owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Promoter nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. P. Compliance with law. Throughout the course of this Agreement, Promoter shall comply with any and all applicable federal, state, and local laws. Q. Nonappropriation. Promoter acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of City's statutory mandate. R. Non -Discrimination. Throughout the course of this Agreement, Promoter shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. S. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. T. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. PROFESSIONAL. SERVICES AGREEMENT —EVENT COORDINATION, MAIN STREET MARKET PAGE 7 of 8 Meridian City Council Meeting Agenda November 13, 2018— Page 110 of 173 U. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. V. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. W. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. X. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Y. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROMOTER: z JAU.W G► Brittany Price Plum Unique Events, LLC CITY OF MERIDIAN - M, Tammy 06 Yeerd, Mayor Che,ke tvdand Plum Unique Events, LLC Attest: T, C. ay Cole ity Cler �City of E IDIS IDAHD s� SEAL PROMSIONAL SERVICES AGRff,I mqr — EvENP COORDINATION, MALI STREET MARKET PAGE 8 of 8 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 5 J Project File Number: Item Title: AP Invoices for Payment Meeting Notes: 11/14/18 - $1,045,005.77 � APPROI'PD Council Agenda Item - 5.J. 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Continued from November 7, 2018: Findings of Fact, Conclusion of Law for Owyhee High School (H- 2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. Meeting Notes: �E IDIAN:--- Council Agenda Item - 7.A. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Continued from November 7, 2018: Findings of Fact, Conclusion of Law for Owyhee High School (H-2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. ATTACHMENTS: Description Findings Exhibits Type Findings/Orders Exhibit Meridian City Council Meeting Agenda November 13, 2018 — Page 123 of 173 Upload Date 11/8/2018 11/8/2018 CITY OF MERIDIAN E IDIAN.- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C� •�iyU In the Matter of the Request for Annexation and Zoning of 108.76 Acres of Land with an R-8 Zoning District and Conditional Use Permit for: 1) a Public Education Institution (i.e. High School) in an R-8 Zoning District; 2) Lighted Fields and an Outdoor Speaker System adjoining a Residential District; 3) the Generation of Vehicle Trips per Day in Excess of 1,500; and 4) Access Proposed from a Collector Street and there is not Safe, Separate Pedestrian and Bikeway Access between the Neighborhood and the School Site, by Joint School District No. 2. Case No(s). H-2018-0075 For the City Council Hearing Date of: October 23, 2018 (Findings on November 7, 2018) A. Findings of Fact Hearing Facts: Following proper notice, on October 2 and 23, 2018, the Meridian City Council held a public hearing on a request for annexation and zoning of 108.76 acres of land from the RUT zoning district in Ada County to the R-8 zoning district in the City for the development of a public education institution (i.e. high school); and conditional use permit for the following: 1) public education institution (i.e. high school) in an R-8 zoning district; 2) lighted fields (and an outdoor speaker system) adjoining and within a residential district; 3) the generation of vehicle trips per day in excess of 1,500; and 4) access proposed from a collector street and there is not safe, separate pedestrian and bikeway access between the neighborhood and the school site, in accord with UDC Table 11-2A-2 and the specific use standards listed in 11-4-3-14, Education Institution. 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11 -5B -3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: August 17, 2018 (Commission); September 14, 2018 (City Council) d. Radius notices mailed to properties within 1,000 feet on: August 10, 2018 (Commission); September 7, 2018 (City Council) e. Applicant posted notice on site by: August 21, 2018 (Commission); September 21, 2018 (City Council) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 - t - Meridian City Council Meeting Agenda November 13, 2018 — Page 124 of 173 3. Application and Property Facts: a. Site Address/Location: The site is located at 7020 W. Ustick Rd., in the east''/2 of Section 32, Township 4N., Range 1 W. b. Existing Land Use(s): There is an existing home on the parcel at the northeast corner of the site (Spriggel property) and a dairy on the property at the south end of the site with the remainder agricultural property, zoned RUT in Ada County. c. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding property to the north, west and east consists of rural residential/agricultural land uses, zoned RUT in Ada County; the property to the south lies in Canyon County. d. History of Previous Actions: A Record of Survey (#11348) was recorded on the southern portion of this property in March 2018 that adjusted the existing property boundaries between Parcel No. SO43243 8650 & SO432438700. The boundary of the property proposed to be annexed was not affected. e. Owners: Joint School District No. 2 Robert G. Spriggel 4005 N. McDermott Rd. 4005 N. McDermott Rd. Meridian, ID 83646 Meridian, ID 83642 f. Applicant: Joe Yochum, Assistant Superintendent of Operations Joint School District No. 2 1303 E. Central Dr. Meridian, ID 83642 g. Representative: Matt Adams, The Land Group 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 B. Findings of Fact and Conclusions of Law 1. The City of Meridian exercises herein the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. This approval is subject to compliance with all provisions of the development agreement and conditions associated with the conditional use permit, which are incorporated herein by reference. The conditions in the development agreement are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -2- Meridian 2 - Meridian City Council Meeting Agenda November 13, 2018 — Page 126 of 173 1. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the Medium Density Residential (MDR) FLUM designation and the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment and subsequent development of a public education institution on this site will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment and subsequent development will not adversely impact the delivery of services by any political subdivision providing public services within the City and will actually improve service for the school district. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City for the reasons stated above. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -3- Meridian 3 - Meridian City Council Meeting Agenda November 13, 2018 — Page 126 of 173 The City Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-8 zoning district and the specific use standards listed in UDC 11-4-3-14, Education Institution. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed education institution in the R-8 zoning district is a desired use and is consistent with the goals, objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Based on testimony provided at the public hearing, the City Council finds that the general design, construction, operation and maintenance of the education institution should be compatible with existing residential and agricultural uses in the vicinity. Therefore, the City Council finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change or affect the character thereof. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the Applicant complies with all development agreement provisions and conditions of approval associated with this application. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property; however, it will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. Substantial improvements to Ustick Road and intersections in the square mile are required by ACHD prior to occupancy. Further, the City Council finds that due to the rural location of this site at the City's west periphery boundary, longer response times are expected from emergency personnel. However, the City Council finds the proposed use will be adequately served by all essential public facilities and services. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -4- Meridian 4 - Meridian City Council Meeting Agenda November 13, 2018 — Page 127 of 173 The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. C. Decision and Order: Pursuant to the City Council's authority as provided in Idaho Code section 67- 6511A, nor UDC section 11 -5B -3(F) and based upon the above Findings of Fact which are herein adopted, it is hereby ordered that the applicant's requests for annexation and zoning and conditional use permit are hereby approved. D. Notice of Applicable Time Limits: Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11 (UDC 11 -5B -6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -5- Meridian 5 - Meridian City Council Meeting Agenda November 13, 2018 — Page 128 of 173 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: 1. Development Agreement Provisions and Conditions of Approval 2. Exhibits CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 -6- Meridian 6 - Meridian City Council Meeting Agenda November 13, 2018 — Page 129 of 173 By action of the City Council at its regular meeting held on the 13r day of �JQy2m Bek, 2018. COUNCIL PRESIDENT JOE BORTON VOTED /L'OA COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED\a COUNCIL MEMBER TY PALMER VOTED /" O COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor TamXy' Weerd Attest: J y Coles City Clerk m Copy served upon Applicant, Community Attorney. A (11 Cily of w E IDIAN� IDAHO SEAL / By: 0 Dated: City Clerk's Office Public Works Department and City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0075 CWj h ee - 7 - DEVELOPMENT AGREEMENT PROVISIONS ANIS CONWTRONS OF APPROVAL 1. Planning Division 1.1 Development Agreement provisions (WASD Properties Parcel # SO432438650 and SO432438700): 1.1.1 Compliance with the specific use standards listed in UDC 11-4-3-14, Education Institution, is required, including the provisions for accessory uses and portable classrooms. 1.1.2 Any outdoor lighting provided on the site, including any stadium and parking lot lighting, is required to comply with the standards listed in UDC 11-3A-11. 1.1.3 Construct a detached 10 -foot wide multi -use pathway/sidewalk along the east side of the north/south half mile collector street from W. Ustick Rd. to the north boundary of the annexation area; and along the north side of W. Ustick Rd. to the east boundary of the annexation area in accord with the Pathways Master Plan. Pathway landscaping shall be provided in accord with the standards listed in UDC 11-313-12C. 1.1.4 To mitigate extended response times for the Police Department, a Student Resource Officer (SRO) will be added to the annual contract between West Ada School District (WASD) and the City of Meridian and placed at Owyhee High School for school safety, prevention and education outreach programming. Recognizing that the cost of placing an SRO at Owyhee High School is an operational expense, a new contract is approved/signed on an annual basis, and increases/decreases in funding determine priorities for WASD, an SRO must be provided for no less than the first three (3) years after opening (i.e. 2021-2022, 2022-2023, 2023- 2024). 1.1.5 All improvements to adjacent roadways and intersections as required by ACHD shall be completed prior to issuance of Certificate of Occupancy for the high school. 1.1.6 A north/south collector street shall be constructed at the half mile along the west boundary of the site from W. Ustick Rd. to the north boundary of the annexation area in accord with the Master Street Map; this will include construction of a crossing over the McFadden Lateral. (Note: If the collector street is not extended to W. McMillan Rd. for a second public street access to the site, a temporary turnaround that meets ACHD and Fire Department requirements may be required.) 1.1.7 An east/west collector street shall be constructed along the north boundary of the high school site and stub to the Spriggel (#SO432141900) and Acclima (#SO432417350) parcels in accord with the Master Street Map with a temporary turnaround that meets ACHD and Fire Department requirements. 1.1.8 An east/west local street shall be constructed from the nortb/south collector street to the Flowers parcel (#S043243 8800) at the east boundary of the WASD property with a temporary turnaround that meets ACHD and Fire Department requirements prior to issuance of Certificate of Occupancy for the high school. Further, an easement shall be provided over the portion of the subject property as depicted on the revised conceptual roadway plan (dated: 11/2/18) to the Woodside Avenue Investor LLC parcel (#SO432429350) for future right -of - ay dedication and construction of a public street which construction shall be at the adiacent propQ& owner's expense. Tl . eone apt „' ,,, RI .n . , ..,,a aeee akt . Page 1 Meridian City Council Meeting Agenda November 13, 2018 — Page 131 of 173 1.1.9 The school district shall provide bus service for all students attending the high school and future elementary school until such time as safe, separate pedestrian and bicycle access between neighborhoods and the school site is provided, as determined by the Safety Bussing Committee in accord with WASD Policy 702.51 and §33-1501 ("The Board may transport any pupil a lesser distance when in its judgement the age or health or safety of the pupil warrants.") (UDC 11-4-3-14E.4). 1.1.10 Detached sidewalks/pathways (as applicable) shall be provided along the frontage of the annexation area on W. Ustick Rd. and N. McDermott Rd. (on the Spriggel parcel) as set forth in UDC 11-3A-17. 1.1.11 Another public street access, in addition to the collector street access proposed via Ustick Rd., that meets Fire Department separation requirements per International Fire Code Appendix D104.2, shall be constructed to the site prior to issuance of Certificate of Occupancy for the high school. This may be accomplished through one of the following means (er- ethe..., eatis fi„+ listed-). i. Extension of the north/south collector street at the half mile from the WASD property to W. McMillan Road; this will include construction of a bridge over the Five Mile Creek, water and potentially sewer main infrastructure in the street, and a detached 10 - foot wide multi -use pathway/sidewalk along the east side of the street. ii. Extension of an east/west public street from N. McDermott Rd. to the north/south collector street. In the event SH -16 is extended and access is cut off from N. McDermott Rd. before the north/south collector street is extended to W. McMillan Rd., another public street access shall be constructed that meets Fire Department requirements prior to the access being closed. 1.1.12 Except for the proposed north/south collector street at the half mile, direct access via W. Ustick Rd. is prohibited in accord with UDC 11-3A-3. l .1.13 A property boundary adjustment application may be submitted to reconfigure the existing parcels to create a buildable parcel for the future elementary school; otherwise, the property will be required to be subdivided to create a buildable parcel. 1.1.14 With future development of the elementary school site, construct a public street along the east boundary of the site from the east/west collector street to the north property boundary as shown on the conceptual development plan; this will include construction of a crossing over the McFadden Lateral. 1.1.15 Future development of this site shall generally comply with the site plan submitted with the conditional use permit for the high school and the conceptual development plan submitted for the future residential area adjacent to W. Ustick Rd. and the elementary school at the north boundary of the site. 1.2 Development Agreement Provisions (Spriggel, Parcel #50432141900): 1.2.1 Future development of the subject property shall be generally consistent with the conceptual development plan unless otherwise amended through a Development Agreement modification application. 1.2.2 The existing home shall hook up to City water and sewer services within 60 calendar days of services becoming available. At such time, the existing well may only be used for irrigation purposes and the septic system shall be abandoned as set forth in Meridian City Code 9-1-4. Page 2 Meridian City Council Meeting Agenda November 13, 2018 — Page 132 of 173 1.3 Conditional Use Permit — Site Specific Conditions of Approval: (only applicable to high school site) 1.3.1 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows (as applicable): a. Depict vegetative groundcover in required landscape areas per the standards listed in UDC 11-313-7C and 11-313-8C. b. The east/west local street at the half mile shall be built to ACHD's collector street standards and in accord with the Master Street Map. c. Depict a minimum 20 -foot wide street buffer along the south side of the east/west collector street at the half mile as set forth in UDC Table 11-2A-6, landscaped in accord with the standards listed in UDC 11 -3B -7C; depict minimum 5 -foot wide detached sidewalks on both sides of the street in accord with UDC 11-3A-17. d. Depict a minimum 20 -foot wide street buffer along the east side of the north/south collector street at the half mile as set forth in UDC Table 11-2A-6, landscaped in accord with the standards listed in UDC 11 -3B -7C. e. Depict a 10 -foot wide detached sidewalk/multi-use pathway along the east side of the north/south half mile collector street in accord with the Pathways Master Plan, landscaped per the standards listed in UDC 11-313-12C. f. Depict an east/west local street from the north/south collector street to the Flowers parcel (#SO432438800) at the east boundary of the annexation area with a Fire Department approved turnaround; minimum 5 -foot wide sidewalks are required on both sides of the street in accord with UDC 11-3A-17. 1.3.2 Accessory uses and future portable classrooms shall comply with the specific use standards listed in UDC 11-4-3-14. 1.3.3 Outdoor lighting, including parking lot and stadium lighting, shall comply with the standards listed in UDC 11-3A-11. 1.3.4 The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 in the Architectural Standards Manual (ASM). 1.3.5 Submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building design prior to submittal of a building permit application. 1.3.6 Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A as amended by the conditions of approval in this report. 1.3.7 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-14, Education Institution. 1.3.8 Prior to issuance of Certificate of Occupancy, a 14 -foot wide public pedestrian access easement is required to be submitted to the Planning Division for the multi -use pathways within the annexation area that are located outside of the right-of-way for approval by City Council and subsequent recordation. 1.3.9 The applicant shall comply with the provisions of the Development Agreement associated with the annexation and zoning of this property. Page 3 Meridian City Council Meeting Agenda November 13, 2018 — Page 133 of 173 1.3.10 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11 -5B -6F; or a time extension must be requested in accord with UDC 11 -5B -6F. 1.3.11 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval: 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Water system capacity is available to serve this development with the two 12 -inch mainline connections shown on the development plans. A new 12 -inch diameter water main will be required under the collector roadway connection to Ustick Road in compliance with the Water System Master Plan. 2500 gpm is available at any location in loop around school. Prior to occupancy of the high school, Applicant shall coordinate with property owners to the east to ensure access to water by providing easements to proposed water improvements for this project. 2.1.3 The provision of water and sewer service to this development will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. The site is also subject to reimbursement fees, and upgrade expenses associated with the Oaks Lift Station, as well as other reimbursement fees associated with the water system. 2.1.4 Upon cursory review of the proposed infrastructure design within Ustick and McDermott Roads, it does not appear that any of the mainlines are being planned above and beyond what is contemplated in the approved Meridian Water and Wastewater Master Plans. Therefore they would not be eligible for reimbursement under Meridian City Code (MCC) 8-6-5. Pump upgrades to the existing lift station may be eligible for reimbursement, and therefore Applicant will need to follow the provisions of MCC 8-6-5. 2.1.5 An easement for extension of the sewer distribution line to the properties to the east shall be granted by the Applicant in the corridor south of the stadium and north of the main baseball diamond as depicted on the revised site context plan (dated: 11/2/18) tThe Applican shall work with the adjoining property owners to define the scope of the easement and coordinate the scope of the work per requirement of City Council at the hearing on October 23 2018 The sewer construction to the properties to the east shall be at the adjacent property owner's expense. 2.2 General Conditions of Approval: 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 4 Meridian City Council Meeting Agenda November 13, 2018 — Page 134 of 173 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 Street signs are to be in place, water system shall be approved and activated, and at a minimum, a compacted gravel access road shall be approved, prior to issuance of building permits. 2.2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. Page 5 Meridian City Council Meeting Agenda November 13, 2018 — Page 135 of 173 2.2.14 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. 2.2.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.17 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 6 Meridian City Council Meeting Agenda November 13, 2018 — Page 136 of 173 EXHIBITS A. Vicinity/Zoning Map -dev i /Y —CHINDE- Page 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 137 of 173 ."t I If ;I IFI_ ^I It z 1z LU AJ It" All W FRANKLAN= AN Page 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 137 of 173 B. Site Context Plan (dated: 11/2/18) iL SPRIGGEL 1} -gin + c NNSc - j [l Vicinity Map z �, I v;Aso Ij I � j �'�xifrwuE\ I m C /'LCr-Ow ERS �II Site Conted Plan _ — L,R I 1ViSI a '17 EX 1 Page 8 Meridian City Council Meeting Agenda November 13, 2018 – Page 138 of 173 C. Landscape Plan (dated: 6/21/18) Page 9 Meridian City Council Meeting Agenda November 13, 2018 — Page 139 of 173 CR iL Oil WEST USTICK ROAD j _10 �20 =23r - Page 11 Meridian City Council Meeting Agenda November 13, 2018 — Page 141 of 173 mull =23r - Page 11 Meridian City Council Meeting Agenda November 13, 2018 — Page 141 of 173 A Conceptual Building Elevations (dated: 6/21/18) FRONT ELEVATION 810E ELEVATION REAR ELEVATION • CLASSROOM WINO SIDE ELEVATION Nuc DESM 7VVESr REAR ELEVATION • GYMNASIUM OVIYHEE HIGH SCHOOL EXTERIOR ELAVATION8 Meridian City Council Meeting Agenda November 13, 2018 — Page 142 of 173 Page 12 JUNE 71, 1018 Page 13 Meridian City Council Meeting Agenda November 13, 2018 — Page 143 of 173 E. Annexation Legal Dese6ption & Exhibit Map May 14, 2018 Project No. 118001 THL LAND GROUP, INC. ANNEXATION CITY of MERIDIAN A parcel of land being a portion of the cast one half of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the South One Quarter corner of said Section 32, marked by a 5/8" iron rod, thence on the north -south mid-section line of said Section 32, North 00'36'39" East, 2631..82 feet, to the Center One Quarter corner of said Section 32; Thence continuing on sold mid-section line, North 00"36'39" East, 641.84 feet; Thence leaving said mid-section line, South 86'41'44" East, 581.69 feet; Thence South 82°03'34" East, 557.33 feet; Thence North 66°26'46" East, 280.00 feet; Thence South 75"07'44" East, 1296.05 feet to a point on the easterly section line of aforementioned Section 32, from which the northeast corner of said Section 32 bears, North 00°32'39" East, 2292.08 feet; Thence on said easterly section line, South 00'32'39" West, 341.62 feet; Thence leaving said easterly section line, North 89'19'39" West, 1323.00 feet, to the center east one - sixteenth corner marked by an aluminum cap monument; Thence South 00'33'03" West, 1316.33 feet; Thence South 00"33'19" West, 917.73 feet, to the northeasterly corner of property described in Record of Survey #11348, as recorded at Instrument #2018-036119, Ada County records; Thence North 67'07'23" West, 478.51 feet; Thence South 00`33'19" West, 579.05 feet, to a point on the south section line of aforementioned Section 32, from which the southeast corner of said Section 32 bears, South 89°17'50" East, 1768.22 feet; Thence on said south section line, North 89`17'50" West, 882.80 feet, to the POINT OF BEGINNING. The above described parcel contains 108.76 acres, more or less and is subject to all existing easements and right-of-ways of record. Attached hereto is Map Exhibit "B" and by this reverence is made a part thereof. PREPARED BY: THE LAND GROUP, INC. Michael S. Femenia 550 Meridian City Council Meeting Agenda November 13, 2018 — Page 144 of 173 I of 2 Page 14 Annexation Situate in a portion of the East 1/2 of Section 32 Township 4 North, Range 1 West, Boise Meridian Ada County, Idaho 2018 r586041'44'E 581.89' S82`03'341 557.33'--- Q I N66°26'46'1: 280,00'— k .0 II SW OF HE S89019'39'E 1322,79' CEI/16 COR SEC 32 1 HE COR SEO 32 CP&F#10602332.6 N00"32'39'E 2292,08'� SE OF NE SOO°32'39'W 341.67---" N8Vl0'39'W 1323.00' E1/4 COR SEC 32 J PER ROS#8659 I M CP&F#2016-120634 C1/4 COR SEC 32 I m r CP&F#8827104 g T ° NW OF SE NE OF SE , o o CM NI 108.76 [Acres I /- N W ___8'32 _ H89 -1832'W 1324.17' N89°20'14'1N 1324.23' p if� CF rn SW OF SE IwI N67o07'23' W 478.51' I M Cn SE OF SE - I w o) I L 1/4 COR SEC 32 0 F#2018-021692 SE COR SEC 32 z CP&F#111049877 33'19'141 579.05' 1 T50'1N 682.80' _ S89" 17'50'E 1768.22' —t --- POR West Ustick Road 550 OF a em ia:v Annexation �m 11MUNr61acnie. V- MV 1 Page 15 Meridian City Council Meeting Agenda November 13, 2018 — Page 145 of 173 �/+w� THE LAN GROUP:+eraF /eop5a;d tNooMMrnn Annexation -City of Meridian w,�um: n"lit,. IB2C118n awn •�►. ,6tt?in3 1fakD:°�°",° West Ustick Road 'u". P1cra208.[Q):lon-iaa:{tk3i.itds Exhibit iig,i Aft County Idaho 1 Page 15 Meridian City Council Meeting Agenda November 13, 2018 — Page 145 of 173 F. Conceptual Roadway Plan (dated: 11/2/18) e o m I 50 -FT WIDE FUTURE R.O.W. EASEMEtlT t i a-aci gyp` iJ 50Ff WIDE R.O.W. AND I � � � i t I LOCAL STREET CONSTRUCTION t % !%" ii z 1.1�.i 1 ..,��� ROWERS wooDslDe m m 7'l I I nnuxtccusrcur 1 _ PARCEL PARCEL •I ' I I I i I I I I [] a III t----�-- 1 =-1--J-- 1-=J- - /' - - YL Ir'F.ST US'TTC-K rRO4D r F Conceptual Roadway Plan M1� 0 i Y CY4 �Ex a Page 16 Meridian City Council Meeting Agenda November 13, 2018 — Page 146 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 8 A Project File Number: Item Title: Transportation Commission Recommendations Residential Parking Districts and Compression Brake Ordinance Meeting Notes: �E P,ID IDgHO Council Agenda Item - 8.A. Presenter: Caleb Hood Jeff Lavey Bill Nary Estimated Time for Presentation: 30 minutes ITEM SHEET Title of Item - Transportation Commission Recommendations: Residential Parking Districts and Compression Brake Ordinance During the October Meridian Transportation Commission meeting, the Commission recommended that the Council consider establishing a residential parking district around Rocky Mountain High School. Students are parking in Paramount Subdivision, leaving trash, etc. There is already some restricted parking hours in part of the neighborhood, similar to around Mountain View, that could potentially be extended. Also during the October meeting, the Transportation Commission made a recommendation for the Council to consider adopting an ordinance that would prohibit compression (Jake) brakes within city limits. Police and Legal have been consulted on these topics and would like to be part of the discussion. ATTACHMENTS: Description Compression Bral<es and Residential Parking Memo Type Upload Date Cover- Memo 11/8/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 147 of 173 November 8, 2018 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk Cameron Arial FROM: Caleb Hood, Planning Division Manager ek RE: Residential Parking Districts & Compression Brakes November 13, 2018 City Council Workshop Agenda Item During their October 1" meeting, the Meridian Transportation Commission (MTC) heard from concerned residents about two topics: parking (and trash) in Paramount Subdivision (south of Rocky Mountain High) and noise concerns regarding compression (aka fake or air) brakes within the City. After hearing from those present and discussing, the MTC passed two motions recommending the Council consider adopting both a residential parking district ordinance as well as a compression brake ordinance. City Staff from Police, Legal and Planning have met since the MTC meeting to discuss concerns, questions and logistics of how both of these issues could/should be addressed. During the November 13th workshop, Staff will provide some additional context for these issues and share perspectives from the various departments that would be most affected, primarily the Legal and Police Departments. Staff is seeking Council direction on how to proceed with addressing these matters. You can view the October 1St MTC meeting from the City's YouTube channel (the discussion starts at the 29:30 mark): https://www.youtube.com/watch?v=Xr80i4YSj-0 Meridian City Council Meeting Agenda November 13, 2018 — Page 148 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 A Project File Number: Item Title: Fire Department Annual Report Meeting Notes: f Council Agenda Agenda Item - 9.A. Presenter: Estimated Time for Presentation: Title of Item - Fire Department Annual Report ITEM SHEET Meridian City Council Meeting Agenda November 13, 2018 — Page 149 of 173 MERIDIAN FIRE DEPARTMENT Annual Update www.meridiancity.org Operations Prevention Safety Performance City Emergency Preparedness Fire Station #6 www.meridiancity.org Areas of Discussion •Administration and Local 4627 finalizing operational and logistical details on Working out of Class Program –Task books are being finalized and printed. –Program will be rolled out to all Department members during all hands information meetings November 16,19,20. –Members will be eligible to begin task books immediately after rollout. www.meridiancity.org Fire Department Operations •Promotional Testing update –14 week Office Development program and 12 week Engineer Development program are nearing completion –Engineer and Captain testing will begin the end of November and will be completed the end of January –June 21st remains the target date to staff Engine 36 www.meridiancity.org Fire Department Operations •Training –Make up dates for those that missed Harassment training are set for November. 100% attendance will have been completed. –Upcoming drill- Center Hallway Drill at Fire Station 1 •Joint training involving 6 Treasure Valley Fire Departments •Materials provided by Franklin Building Supply (donated all construction material) •Goal is to educate on complex fire attack in large apartment complex •Elected Officials are encouraged to attend and observe: November 14th/15th; 9-12 or 1-4 and November 19th from 1-4 www.meridiancity.org Fire Department Operations •School Safety –Joe Bongiorno and Shawn Harper working together. Developed policy originally intended for Meridian but is being adopted State wide. Check out KIVI story. –Both will be presenting at the annual Idaho Fire Chiefs Association this spring as a demonstration on great public safety partnership. •Public Education –Over 500 residents attended the Public Safety educational day held at Fire Station 1 on October 13th –PulsePoint: Significant increase in the number of App downloads. Good time again to plug the App! –Herb Griffin accepted the move from Part Time to Full Time Pub Ed specialist- immense help during Fire Prevention month and upcoming community outreach/training www.meridiancity.org Fire Department Prevention •Life Safety Building Inspections- –1,049 inspections scheduled for Calendar year 2019 –Currently 1,000 inspections behind schedule –Year to date: •1344 initial inspections completed •1519 re-inspections (due to issues found) •1219 cleared after re-inspection •Fire Investigations- (2 investigators on staff) 33 Fire Investigations year to date •Plan reviews- have conducted 100 plan reviews for new development in addition to over 170 solar panel installation plan reviews www.meridiancity.org Fire Department Prevention •Next to providing exemplary customer service, there is no greater obligation than ensuring the physical and mental health of our firefighters. •Diesel Vehicle Exhaust Capture Systems –DC Butterfield and Stacy (PW) working with purchasing on RFP/Bidding. High priority project currently. –Will be installed in current 5 stations; in the design for future stations •Isolated PPE room –Currently in design for Station #6. Critical to proper maintenance of firefighter protective clothing (turnouts). Will be evaluating cost to potentially retrofit existing stations through future budget discussion www.meridiancity.org Fire Department- Safety •Carcinogen Exposure Reduction –Current FF committee working with Administration to develop training, programs, and guidelines to reduce exposure to known carcinogens. Intent is to challenge everything we do, and look for areas of improvement. •PTSD Legislation –Working on committee that has developed legislative language change. Cost analysis is complete. Biggest change: current legislation requires a PHYSICAL injury along with PTSD diagnosis. New language eliminates the physical injury requirement. •Next up: Comprehensive Mental Health program and guideline development. This will involve ff’s, Admin, and mental health professionals www.meridiancity.org Fire Department- Safety •Chute time adopted goal: 90 seconds 90% or better –Current YTD: 90% at 88 seconds •Travel time adopted goal: 5 minutes 90% or better Metro/Urban populations –Current YTD: 55% at 5:00 –Fire Admin working with IT, Ada County Dispatch, and Boise Fire on response data reporting •Travel time adopted goal: 9 minutes 90% or better Rural populations –Fire Admin working with IT, Ada County Dispatch, and Boise Fire on response data reporting –Current YTD: 88% at 9:00 •Customer Service Satisfaction (Department Goal): 90% of those surveyed will rate us as meeting or exceeding expectations –Current YTD: •100% Meets expectations •87.5% Exceeds expectations www.meridiancity.org Fire Department- Performance •Police Chief and Fire Chief working collaboratively with other City departments to ensure adequate preparedness •Current items: –Alertsense: notification system in the event of a needed and urgent City employee communication –City Hall SOP’s: Being developed and communicated with City departments –Snowmageddon (V3): Guideline and procedures are being updated for 2018/2019 and will be presented at upcoming Director’s meeting (November) www.meridiancity.org Public Safety- Emergency Prepardeness •Building Permit request submitted 11/1 •Interior finishes (tile, cabinet finishes, countertops, etc.) selected on 11/9 with the design team •Final FFE (furniture, fixtures, equipment) review to be done on 11/16 with construction team •Design team on schedule – currently at 75% completion of construction document development www.meridiancity.org Fire Department- Station 6 update City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 B Project File Number: Item Title: Finance Quarterly Update Meeting Notes: Council Agenda Agenda Item - 9.13. Presenter: Todd Lavoie Estimated Time for Presentation: 30 min Title of Item - Quarterly Finance Update ITEM SHEET Finance will deliver the Quarterly Finance Update which will include a focus on property tax data. Informational purpose only. No action needed. Meridian City Council Meeting Agenda November 13, 2018 — Page 150 of 173 November 2018 Finance Quarterly Update November 13, 2018 Property Tax Calculation 101 Property Tax Levy Rate History Property Tax Comparison Property Tax Burden Property Tax Levy Rate Comparison Next Quarterly Update Questions City of Meridian Agenda State of Idaho Code – Title 63 “Revenue and Taxation” State of Idaho Code – Chapter 8 “Levy and Apportionment of Taxes” State of Idaho Code 63-802 “Limitation on Budget Requests – Limitation on Tax Charges – Exceptions” Cities may increase the property tax funded portion of their budgets by up to 3% over the highest of the previous three years , plus new construction and annexations. State of Idaho Code – Title 63“Revenue and Taxation” State of Idaho Code – Chapter 3 “Assessment of Real and Personal Property” State of Idaho Code 63-301A “New Construction Roll” The County accessor shall prepare a New Construction Roll for Cities by the First Monday in June . City of Meridian Property Tax Calculation 101 City of Meridian Property Tax Calculation 101 Determined by the highest approved/certified amount of taxes levied in the past three years Cities may increase the property tax funded by up to 3% Ada County provides the City with the Value of New Construction within the taxing districts. Ada County provides the City with the Value of New Annexations within the taxing districts. City of Meridian Property Tax Levy Rate History How the County calculates the City of Meridian’s annual Levy Rate •Total Requested Property Taxes •Divided By •Total City of Meridian Property Tax Value •Equals •Total Certified Annual Levy Rate City of Meridian Property Tax Calculation 101 City of Meridian Property Tax Calculation 101 $33,357,528 $9,622,751,131 0.003466527 City of Meridian Property Tax Levy Rate History City of Meridian Property Tax Comparison City of Meridian Property Tax Burden City of Meridian Property Tax Levy Rate Comparison City of Meridian Property Tax Levy Rate Comparison District Funds Meridian Boise Caldwell Eagle Garden City Idaho Falls Kuna Lewiston Moscow Mountain Home Nampa Pocatello Twin Falls Airport 0.000073002 0.000028785 0.000023742 0.000339061 0.000137238 Bond 0.000196781 0.000043252 0.000150335 0.000572092 0.000086704 Capital Improvement 0.000205851 0.000344950 0.000122519 0.000145511 Cemetery 0.000064242 0.000074555 0.000223394 0.000041632 0.000074552 Fireman's Retirement General Fund 0.003701879 0.006887256 0.006764314 0.000523333 0.003406685 0.007103600 0.002957132 0.007052455 0.004772535 0.008944704 0.006553333 0.008637891 0.006193404 Judgement 0.000065862 0.000628051 0.000025948 Library 0.000386005 0.000365521 0.000558042 0.000795411 0.000460008 0.000657843 0.000622010 Override U/R 0.000229511 Police Retirement 0.000504464 Recreation 0.000330765 0.000200599 0.000592590 0.000411095 0.000491522 Streets 0.001112300 0.001113514 0.001158882 0.001238690 0.000279143 0.000898788 0.000408319 Tort 0.000192481 0.000182283 0.000068889 Total Property Tax Levy 0.003701879 0.007116767 0.009199122 0.000888854 0.003449937 0.009513186 0.002957132 0.009540926 0.004922870 0.011823574 0.008512504 0.011368644 0.007429860 City of Meridian Property Tax Levy Rate History What we Presented: Property Tax Calculation 101 Property Tax Levy Rate History Property Tax Comparison Property Tax Burden Property Tax Levy Rate Comparison City of Meridian Recap Information will focus on financial results from previous fiscal year Actual versus Budget Revenue Personnel Operating Capital Changes to Fund Balance Revenue Expense Ratios What percentage of expenses utilized total available revenue Top 5 Revenue Sources Top 5 Expense Sources City of Meridian Next Quarterly Update City of Meridian Questions City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 C Project File Number: Item Title: Information Technology: Security Awareness Training Meeting Notes: �Z/ ITEM SHEET IDAHO Council Agenda Item - 9.C. Presenter: Dave Tiede Estimated Time for Presentation: 5 min Title of Item - Information Technology: Security Awareness Training The City is continuing its online Security Awareness Training program. This year we'd like to have City Council members participate in a online security awareness training course that lasts about 30 minutes. Dave Tiede will introduce Council to this concept and provide instructions on how to complete. Meridian City Council Meeting Agenda November 13, 2018 — Page 151 of 173 SECURITY AWARENESS TRAINING Information Technology BACKGROUND •Assessment finding •Cyber-security is our shared responsibility •Common source of data breaches •Training our employees is key •City started program last year TRAINING •KnowBe4 •30 Minute Training •Web based •Email •Logging In •6 weeks to complete QUESTIONS? City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 D Project File Number: Item Title: Ordinance 18-1796 Mayor's Office Meeting Notes: Fare"r - /,J0 An Ordinance Amending Title 1, Chapter 8, By Adding Article E: City Human Resources Director And Sections; 1-8E-1: Appointment; Term Of Office; And 1-8E-2: Duties (�EIDR IAIv,�-- ITEM SHEET Council Agenda Item - 9.D. Presenter: Mayor De Weerd Estimated Time for Presentation: 5 minutes Title of Item - Mayor's Office: Ordinance No. 18-1796: An Ordinance Amending Title 1, Chapter 8, By Adding Article E: City Human Resources Director And Sections; 1-8E-1: Appointment; Term Of Office; And 1-8E-2: Duties [Action Item] Ordinance adding Human Resources Director ATTACHMENTS: Description Type Upload Date HR Director Ordinance Ordinance 11/8/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 152 of 173 CITY OF MERIDIAN ORDINANCE NO. 18-1796 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MIL.AM, PALMER AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, BY ADDING ARTICLE E: CITY HUMAN RESOURCES DIRECTOR AND SECTIONS; 1-8E-1: APPOINTMENT; TERM OF OFFICE; AND 1-8E-2: DUTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council seek to add a Human Resources Director position to directly oversee the management and development of the City's Human Resource Department and functions; and WHEREAS, the purpose of creating said position is to improve the overall efficiency and effectiveness of human resource systems and operations throughout the organization; and WHEREAS, the Mayor with the consent of the City Council may add appointed positions as necessary to effectively operate the city; and WHEREAS, by the Human Resources Director position will oversee, manage and direct the human resources functions of and for the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new article, Article E, shall be added to Title 1, Chapter 8, to read as follows: ARTICLE E CITY HUMAN RESOURCES DEPARTMENT DIRECTOR 1-8E-1: APPOINTMENT; TERM OF OFFICE: A. The Human Resources Department Director shall be appointed by the Mayor, with the consent of the City Council, and shall hold office unless removed pursuant to section 1-8-1 of this chapter. B. The Human Resources Department Director may hire staff as may be required to carry out the duties set forth herein. Such staff shall serve under the supervision of the Human Resources Department Director. ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION PAGE I Of 2 Meridian City Council Meeting Agenda November 13, 2018 — Page 153 of 173 1-8E-2: DUTIES: It shall be the duty of the Human Resources Department Director and any staff acting under the authority thereof to: A. Oversee manage and direct human resources functions of and for the City of Meridian, and B. Serve as principal advisor to the Mayor and City Council on human resource issues, and C. Ensure the City's human resource programs policies and practices operate in compliance with applicable State and Federal laws, regulations, and audits; and D. Establish and maintain records and reports in sufficient detail to furnish all information necessary for proper administration of departmental activities and to form the basis for reports required by the Mayor and City Council, and E. Keep informed as to the latest practices in the human resources field and implement such new practices that will be of benefit to the City and the public; and F. Assist the Mayor and City Council in developing long term human resource goals for the City and strategies to implement these goals; and G. Attend the meetings of the City Council to provide human resource advice as requested by the Mayor or City Council. H. Perform or request criminal background investigation of all applicants offered employment, or city volunteers to whom a criminal history is reasonably related to the requirements of the position, as allowed by law and policy. 2018. Section 2. That this ordinance shall be effective upon passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this I�day of OV 2MbLV' APPROVED by the Mayor of the City of Meridian, Idaho, this &day of DIC 018. pUGUSr ' o� APPROVED: O�U` U \\; 1 �''"0 J Tammy d e ATTEST „ C.Jay(Coles, ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION PAGE 2 of 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- % 7 PROVIDING FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, BY ADDING ARTICLE E: CITY HUMAN RESOURCES DIRECTOR AND SECTIONS; 1-8E-1: APPOINTMENT; TERM OF OFFICE; AND 1-8E-2: DUTIES; AND PROVIDING AN EFFECTIVE DATE. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. K C4ty "Of + Of M ian Ma or and City Council By: C.Jay Coles, City Clerk First Reading: H1`a Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: -' Third Reading: �— STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18 L2 � - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached 11 Ordinance no. 18- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this t 5 day of NOl/e/y76-, 2018. William. L.M. Nary City Attorney SUMMARY ORDINANCE ADDING HUMAN RESOURCE DIRECTOR POSITION City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 E Project File Number: Item Title: Mayor's Office — Appointment of Crystal Ritchie Meeting Notes: as Human Resources Director 9 APPROVED Council Agenda Item - 9.E. Presenter: Mayor De Weerd Estimated Time for Presentation: ITEM SHEET Title of Item - Mayor's Office: Appointment of Crystal Ritchie as Human Resources Director [Action Item] Meridian City Council Meeting Agenda November 13, 2018 — Page 156 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 F Project File Number: Item Title: Benefits Committee Presentation Meeting Notes: 6-� C-/WE IDR IANC-- Council Agenda Item - 9.F. Presenter: Christena Barney Estimated Time for Presentation: Title of Item - Benefits Committee Presentation ITEM SHEET Meridian City Council Meeting Agenda November 13, 2018 — Page 157 of 173 H EALT H W EALT H C AR EER BOISE MERCER STRATEGY FOR ACTION - FUNDING OPPORTUNITIES November 13, 2018 2 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. AGENDA Overview Pros/Cons Benefits Committee / Strategy Self-Funding Introduction 1 Basic Concepts 2 3 4 5 10 Benchmarks Cost Analysis 6 Compliance 9 8 7 Registration Requirements Constraints and Options Next Steps 3 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 3 STRATEGY FOR ACTION 4 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. THE BENEFITS COMMITTEE INTRODUCTION Mercer: Shelli Stayner, Denise Collins and Connie Puett Christena Barney Reta Cunningham Alex Freitag Todd Lavoie Bill Nary Barb Nielsen Crystal Ritchie Robert Simison Eric Strolberg Justin Northway Amie Rose 5 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. CITY OF MERIDIAN – YOUR CURRENT STATE & GUIDING PRINCIPLES Best practices are utilized and implemented Benefit programs compare favorably to competitors Enhance the perceived value and experience of the employee Benefit plans are financially sustainable Affordable offerings, based on employee’s needs Offer a user-friendly, easily accessible platform for information, education and enrollment Promote healthy behaviors, health improvement, well-being and enhanced workforce productivity 6 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. STRATEGY FOR ACTION – CITY OF MERIDIAN BALANCING HEALTH AND BENEFITS PRIORITIES EMPLOYEE PRIORITIES •Continue to offer affordable benefits •Maximize employee benefit choice •Empower employee benefit accountability •Offer programs to support employee health improvement •Access to well-being resources, incentives •Provide education, resources and tools to better manage their healthcare COST PRI ORI TI ES •Keep City’s health care spend at, or or below a determined threshold •Maximize options, but minimize costs to employees •A major focus on Medical plan and costs mitigation •Ongoing evaluation of innovations for cost management opportunities BUSI NESS PRI ORI TI ES •Offer competitive benefits, comparable or better programs •Benefits necessary to attract and retain high caliber talent •Affordable benefits for all employees, including their dependents •Ensure healthcare/benefits strategy and solutions are relevant to the employee’s •Cost effectiveness and sustainability •City getting the “best value” for their dollars spent •Promote Well-being – Ongoing cultural change •Define all elements of the benefit programs •Benefits Committee has clear purpose and goals •Understand emerging benefits strategies and alternatives •Develop a strategic road-map to meet desired outcomes 7 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 7 BASIC CONCEPTS AND TERMS: SELF-FUNDING GROUP HEALTH PLANS 8 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. Self-Insured w/o Stop Loss Self-Insured w/ Stop Loss Minimum Premium Fully Insured Participating Fully Insured Non-Participating Increasing Employer Risk Low Risk High Risk Decreasing Employer Flexibility Low Flexibility High Flexibility INSURED CONTRACT OPTIONS COMPARISON OF FUNDING ALTERNATIVES RISK CONTINUUM 9 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS HEALTHCARE FUNDING OPTIONS – COST COMPONENTS Fully Insured Non-Participating Fully Insured Participating Minimum Premium Self Insured with Stop Loss Self Insured without Stop Loss Pooling Retention Expected Claims Retention Pooling Expected Claims Claim Margin Retention Pooling Expected Claims Claim Margin Retention Stop Loss Expected Claims Claim Margin Retention Expected Claims UNLIMITED Liability Insured Self- Insured Fully Funded Self-Funded Less risk for employer / Less flexibility More risk for employer / More flexibility 10 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 10 INTRODUCTION: SELF-FUNDING GROUP HEALTH PLANS 11 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS INTRODUCTION •Medical, dental and vision plans can be paid for in one of two main ways: –Fully insured: the insurer assumes the costs and risks and the employer’s exposure for the year is fixed. –Self-funded: a third party provides administrative services for a fee and the employer assumes the costs and risks. Claims expenses are paid from general assets or a trust. –Some hybrid models (min-max, level-funded, retrospective arrangements) •Neither approach is inherently better or worse •Each has advantages and disadvantages •Employers make decisions relative to which funding method to utilize for very different reasons –Typically, decisions are made based on risk tolerance vs. potential gains •Clients are increasingly asking for Mercer’s guidance in the decision to move from fully insured to self-funded (or vice versa) 12 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS INTRODUCTION •How much on average will an employer save with self-funding? –Typically 4%-9% –These ranges though are over a long-term horizon; over a short-term, self-funding will cost employers more in years where adverse claims materialize •Plan Administrators have certain responsibilities whether the benefits are insured or self-funded –When an employer self-funds, the employer assumes more responsibility for plan design, fiduciary functions, and other compliance responsibilities. –There are ways to manage exposure but the client should be fully informed and implement appropriate procedures and safeguards. 13 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS SELF-FUNDING DEFINITION •A self-funded (self-insured) group health plan is one in which the employer assumes the financial risk for providing health care benefits to its employees –Plan sponsor bears most or all of the financial risk of the plan –Plan sponsor is responsible for the actual costs of services provided under the plan –Stop-loss insurance is used to provide employer protection against catastrophic individual claims and/or excess aggregate claims •Self-funded employers pay for each covered medical expense, out-of-pocket as it is incurred, instead of paying a fixed premium to an insurance carrier –All major aspects of the relationship can be bundled with an insurance company on an administrative services only (ASO) basis to process claims, or –Unbundled with a third-party administrator (TPA) and Plan sponsor may carve out certain services (e.g. care management, disease management, pharmacy benefit management, etc.) 14 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS RISK MODERATION– STOP LOSS •To reduce claims liability, employers frequently purchase stop-loss insurance: aggregate, specific or both –Specific stop-loss -Limits employer’s claim exposure for benefits paid on behalf of any covered claimant during the year -Plan eligibility provisions and definition of covered participants is important! -Deductibles will vary based upon the size of the group and expected claims projections -To minimize risks further, individual deductibles can be low ($75,000 – $150,000 per person per year) –Aggregate stop-loss -Limits employer’s overall liability for total claims within the term of the contract (12 months) -Based upon expected claims plus a corridor (typically expected claims x 1.20 to 1.25) -Can include monthly maximum exposure feature to limit employer’s exposure 15 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 15 COST ANALYSIS: SELF-FUNDING GROUP HEALTH PLANS 16 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF -FUNDING GROUP HEALTH PLANS FINANCIAL ANALYSIS PROCESS Review financial and Administrative Considerations Fluctuating forecasting Risk tolerance Banking arrangements State benefit mandates Increased internal administrative costs Third Party Costs Evaluate Claims Experience Short and long term trends Utilization patterns Large claim impact Analyze Plan Components Stop loss center of excellence Administrative fees database Network discount analysis Project Future Costs Proprietary actuarial model Senior actuarial review Compare to Fully Insured Premiums Analysis provided annually Review carriers underwriting and negotiate renewal SELF-FUNDING GROUP HEALTH PLANS UNDERSTANDING EXPENSES/FIXED COSTS Administrative charges Network access fees Utilization and case management Disease management Risk charge State premium tax ACA fully insured fees Profit Eliminated under self-funding (premium tax only applies to stop-loss premiums) Plan sponsor decides whether the services are worth paying for…or carves them out Note: chart is illustrative; components are not to relative scale. 17 © MERCER 2016 18 Fixed Cost Claims CostReserves Fully Insured Self-Insured Fixed Costs •Fixed cost includes profit, risk charges, pooling point, taxes and ACA HIT, fees – carriers target 15% to 20% in retention charges •Fixed costs are limited to ASO fees, stop loss premium, and ACA fees –These are generally less than a fully insured arrangement Quoted Fixed Costs Administration - $519k (11.2%) Pooling Point – $163k (3.5%- 4 %) HCR Fees - $189k Administration - $198k (4%) Stop-loss - $502k (11%) Reserves •Reserves are collected up front or embedded in the rates. The carrier retains until plan termination •Reserves are held by Plan, not the carrier Claims •If claims and fixed costs are less than paid premium, the carrier makes additional profit •Plan’s expense is limited to actual claims Projected Claims - $3.89 mil Expected Claims - $3.79 mil SELF-FUNDING GROUP HEALTH PLANS COMPONENTS OF COST AND SAVINGS 18 19 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 19 OVERVIEW & PROS/CONS: SELF-FUNDING GROUP HEALTH PLANS 20 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS FINANCIAL PROS AND CONS Pros of Self-Funding Cons of Self-Funding Cash Flow •Employer benefits from good experience •Claims are funded as paid •Employer holds reserves •Employer gains float (claims dollars still in employer’s account between the time a claim is paid by carrier and the time the carrier draws the employer’s account) •If claims are worse than projected, employer pays full difference immediately •Inconsistent costs each week/month Cost Savings •Eliminate carrier profit and risk charge •Avoid state and ACA premium taxes •Avoid state mandated benefits •Typically able to expect 4-9% savings, over time, versus fully insured approach •Self-funded trend rates can be lower than those for fully insured •Transfer of insurance risk from carrier to employer •Monthly claims fluctuations •If claims exceed projections, cost difference borne by employer 21 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS NON-FINANCIAL PROS AND CONS Pros Cons Flexibility •Employer has full control over plan designs •Able to avoid costly state mandated benefits •Employer can outsource components of plan administration to third party vendors •More decisions required of employer •Exercise prudence in the selection and monitoring of vendors Administration •Self funded employers have ability for exceptions, claim determination overrides and more control, in general •Generally more utilization and cost driver data available to plan sponsor •Additional administrative requirements (banking, vendor interface) •Additional compliance responsibilities •Internal staffing needs; external resources 22 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 22 GOVERNMENT BENCHMARKS 23 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS FUNDING METHOD FOR MOST PREVALENT PLAN 16% 22% 11% 19% 77% 72% 17% 75% 7% 6% 72% 6% 0%10%20%30%40%50%60%70%80%90%100% Fully insured Self-funded with stop-loss Self-funded without stop-loss County Governments 500+ State Governments 500+ Government 500+ City Governments 500+ 24 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. © MERCER 2016 24 COMPLIANCE CONSIDERATIONS: SELF-FUNDING GROUP HEALTH PLANS 25 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING GROUP HEALTH PLANS COMPLIANCE CONSIDERATIONS General Compliance Considerations Fiduciary designations H&W and Cafeteria Plan Documents Claims and Appeals processes and fiduciary delegations Federal mandates: ACA, Mental Health Parity Government reporting (Annual Report ; ACA Reporting; W -2 reporting) Taxation Nondiscrimination testing Trust obligations if funded Communications Summary Plan Descriptions Summary of Benefits and Coverages Summary of Material Modifications Summary of Material Reductions in Benefits Summary Annual Reports Open Enrollment Materials Required Notices HIPAA Compliance HIPAA Privacy HIPAA Security HIPAA Training Business Associate Agreements HIPAA Breach Analysis and Reporting Other State and Federal Laws New York Surcharge Medicare Primary and Secondary Payer Service Contract Act and Governmental Contracting limitations Exposure Increased exposure to claims litigation Fiduciaries can be named as defendants Privacy and security of PHI Opportunity to authorize claim payment Participant exceptions Plan asset regulations: misuse of assets, reversion of trust assets 26 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. SELF-FUNDING REGISTRATION REQUIREMENTS FOR PUBLIC SECTOR EMPLOYERS IN IDAHO SELF-FUNDING GROUP HEALTH PLANS REQUIREMENTS FOR IDAHO GOVERNMENTAL ENTITIES Idaho Code - Title 41 Insurance, Chapter 40 - Self-funded Health Care Plans The Registration Requirements for filing: •Application (signed by Trustee under oath) included fee-$500. •Copy of Irrevocable Trust agreement •Written Benefits Statement (w/rates) – do not use any insurance terms •All marketing or solicitation materials 27 28 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. CURRENT CONSTRAINTS AND POSSIBLE OPTIONS 29 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. CURRENT CONSTRAINTS POSSIBLE OPTIONS –Current Constraints the City of Meridian Faces -Competitive job market -Four generations in the workplace -Inability to be flexible in our benefit options -Inability to compete with major public/private sector competitors in voluntary/alternative benefit options –Possible Options to Address Constraints -Enhanced Benefit Offerings -Concierge -Holistic -Wellness -Additional Services -Premium Holiday 30 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. NEXT STEPS 31 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. NEXT STEPS –Stand for Questions –November 27, 2018 Council Meeting -Formal Recommendation from the Benefits Committee -Formal Action from the Council 32 Copyright © 2017 Mercer Health & Benefits LLC. All rights reserved. Services provided by Mercer Health & Benefits LLC. California Insurance License 0E75483 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 9 G Project File Number: Item Title: Council: Commission and Board Updates Meeting Notes: Council Agenda Item - 9.G. Presenter: Estimated Time for Presentation: ITEM SHEET Title of Item - Council: Commission and Board Updates Meridian City Council Meeting Agenda November 13, 2018 — Page 158 of 173 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 10 A Project File Number: H-2018-0065 Item Title: Ordinance No. 18-1794 Ordinance No.18-1794: An Ordinance (H-2016-0065 — Laurel Townhouses) For The Re -Zone Of A Parcel Of Land Located In Gramercy Subdivision No. 1 As Filed In Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho, Located In The SW % Of The NE % Of Section 20, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From TN -R (Traditional Neighborhood Residential) To R-15 (Medium -High Density Residential) Zoning Districts 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. Meeting Notes: (.BVI E IDR IAN,-- ITEM SHEET Council Agenda Item - 10.A. Presenter: C.Jay Coles Estimated Time for Presentation: 2 minutes Title of Item - Ordinance No.18-1794: An Ordinance (H-2016-0065 — Laurel Townhouses) For The Re -Zone Of A Parcel Of Land Located In Gramercy Subdivision No. 1 As Filed In Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho, Located In The SW'/4 Of The NE'/4 Of Section 20, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From TN -R (Traditional Neighborhood Residential) To R-15 (Medium -High Density Residential) Zoning Districts 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 ASummary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Laurel Townhomes Rezone Ordinance ATTACHMENTS: Description Laurel Townhomes Rezone Ordinance Laurel Townhomes Rezone Ordinance Summary Laurel Townhomes - Exhibit A Laurel Townhomes - Exhibit B Type Upload Date Ordinance 11/9/2018 Ordinance 11/9/2018 Exhibit 11/5/2018 Exhibit 11/5/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 159 of 173 1■ 9 U0 11 A usWIOWMI A ADA COUNTY RECORDER Christopher D. Rich 2018-108602 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/14/2018 11:36 AM CITY OF MERIDIAN, IDAHO NO FEE 1`! I . I1� . 1 1, 1• 1 . 1 •. • i .1 t 1 •. :/ 1 1 • 1 •, i i 1 / i i / 1 ' 1' ! 1' 1 • 1 '11 • 1' ► 1' : ■ l/' a 1 i� ll 1 ■ i liLl�ilL i� 1 r[1T-'JY II i 1'J[/1 W11130 0 16 Z.12"I 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 ofthe 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: Coney Barton. SECTION 2. That the above-described real property is hereby re -zoned from the TN -R (Traditional Neighborhood Residential) to R- I 5(Medium-High Density Residential) 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 — LAUREL TOWNHOUSES RZ H-2016-0065 PAGE I OF 3 Meridian City Council Meeting Agenda November 13, 2018 — Page 160 of 173 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 13 day of K0 Vf.MY)fX- , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of IV 0�(eM b.Q.r , 2018. MAYOR TAMAW de WEERD ATTEST: v AUGUST 0� C.,&Y COL , CITY CLERK z O� �_ SE pL _ RE ZONE ORDINANCE - LAUREL TOWNHOUSES RZ H-2016-0065 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this 1W day of N OYeMipW , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho CHARLENE WAY Residing At: 4-n amlho COMMISSION #67390 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 RE ZONE ORDINANCE - LAUREL TOWNHOUSES RZ H-2016-0065 PAGE 3 OF 3 EXHIBIT A Legal Description and Exhibit Map for Rezone DESCRIPTION FOR RE -ZONE LAURELS TOWNHOUSES GRAMERCY SUBDIVISION NO. 1 A parcel of land located in Gramercy Subdivision No. 1 as filed in Book 99 of Plats at Pages 12,619 through 12,622, records of Ada County, Idaho, located in the SW 1/4, of the NE 1/4 of Section 20, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the NE corner of Lot 1, Block 4 of said Gramercy Subdivision No. 1', Thence along the East boundary line of said Lot 1 and the Southerly extension thereof South 00024'04" West, 223.00 feet to a point on the centerline of E. Blue Tick Street; Thence along said centerline North 89°35'56° West, 331.00 feet to a point on the centerline of S. Accolade Avenue; Thence along said centerline North 00°24'04' East, 198,00 feet; Thence continuing along said centerline 78.74 feet along the arc of a curve to the right having a radius of 50.00 feet and a central angle of 90°00'00", and a long chord of 70.71 fleet and bears North 45°24'04" East to a point on the centerline of E. Goldstone Street; Thence along said centerline South 89"35'56" East, 281.00 feet; Thence leaving said centerline South 00°24'04" West, 25.00 feet to the REAL POINT OF BEGINNING. Containing 1.87 acres, more or less. Laurel Townhouses MDA, PP, RZ H-2016-0065 Meridian City Council Meeting Agenda November 13, 2018 — Page 164 of 173 /_ __ _ _ ^ _ — _ ND)� 89'35'56"W 281.O � f ` E_GOLDSTONE ST. G� CURVE I I LENGTHCHORD 100 DELTA I 50.Q0 GRAMERCY SUBDIVISION NO, 1 old 150 BLOCK 4 �a J d d of ¢ 1.87 ACRES zlvi E. BLUE T[CK_ ST. IN89'35'56"W I _ 331.00' SCALE: 1 " = 50' CURVE TABLE CURVE 25 I LENGTHCHORD 100 DELTA 05 50.Q0 50 70.71 N4524'04"E 150 SCALE: 1 " = 50' CURVE TABLE CURVE I RADIUS I LENGTHCHORD DIST, CHORD BRG. DELTA Gt 50.Q0 76.54 70.71 N4524'04"E 90'00'00" IDAI-fO SURVEY pvNff, VA"D Ndi2 GROUP, P.C. {eos>'ou.as7p Laure[ Townhouses MDA, PP, RZ H-2016-0065 REAL POINT OF BEGINNING 0 EXHIBIT DRAWING FOR RE --ZONE LAURELS TOWNHOUSES GRAMERCY SUBDIVISION NO, 1 LOCATED IN T11E 51/ 1/4 OF THE NE i/A OF SECTIPV 20, T.m, RIE., e.4., IlCM01AN, AOA COUMIrY, PAHO Meridian City Council Meeting Agenda November 13, 2018 — Page 165 of 173 ,6-065 0/i/i0 Is NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- 1 2 uL PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land located in Gramercy Subdivision No. 1 as filed in Book 99 of Plats at Pages 12,619 through 12,622, records of Ada County, Idaho located in the SW I/4 of the NE '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 1.87 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordiWce shall become effective on the 23rp day of /u bel, 52018. Mayor and City Council By: C.Jay Coles, City Clerk o� E t11DjAN �DAHD ' W SEAL�% / / �ylFR of N e TR'Of 22 r/ 0 4' - First Reading: j r 1 7 d Adopte fter first reading by suspension of the as allowed pursuant to Idaho Code 50-902: YES A NO Second Reading: r Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- 1 rl'414 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 18- 1101of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this IV" day of � ��%e mb�� , 2018. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- LAUREL TOWNHOUSES — RZ H-2016-0065 PAGE 1 City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 10 B Project File Number: H-2018-0029 Item Title: Ordinance No. 18-1795 Ordinance No. 18-1795: An Ordinance (H-2018-0029— Zimmerman Auto Body) For Annexation Of A Tract Of Land Situated In The NE Of The SE % Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 14.80 Acres Of Land From RUT To R-8 (Medium Density Residential)(.42 Acres) And I -L (Light Industrial)(.72 Acres) Zoning Districts 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. Meeting Notes: CiWE IDIAN -- ITEM SHEET Council Agenda Item - 10.13. Presenter: C.Jay Coles Estimated Time for Presentation: 2 minutes Title of Item - Ordinance No. 18-1795: An Ordinance (H-2018-0029— Zimmerman Auto Body) For Annexation OfATract Of Land Situated In The NE'/4 Of The SE'/4 Of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 14.80 Acres Of Land From RUT To R-8 (Medium Density Residential)(.42 Acres) And I -L (Light Industrial)(.72 Acres) Zoning Districts 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. Zimmerman Annexation Ordinance ATTACHMENTS: Description Zimmerman Annexation Ordinance Zimmerman Annexation Ordinance Summary Zimmerman - Exhibit B to Ord Zimmerman - Exhibit A to Ord Type Upload Date Ordinance 11/9/2018 Ordinance 11/9/2018 Exhibit 11/6/2018 Exhibit 11/6/2018 Meridian City Council Meeting Agenda November 13, 2018 — Page 166 of 173 ADA COUNTY RECORDER Christopher D. Rich 2018-108794 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/14/2018 03:05 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 18-1795 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2018-0029— ZIMMERMAN AUTO BODY) FOR ANNEXATION OF A TRACT OF LAND SITUATED IN THE NE I/ OF THE SE I/ OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIANI, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE C ORP ORATE LIMI'T'S OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHIING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 14.80 ACRES OF LAND FROM RUT TO R.-8 (MEDIUM DENSITY R.ESIDENTIAL)(.42 ACRES) AND I -L (LIGHT INDUSTRIAL) (.72 ACRES) ZONING DISTRICTS IN THE MEERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RE C ORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to --wit. Brian Zin7w7ernian. SECTION 2. That the above-described real property is hereby annexed and re -zoned fi om RUT to R-8 (Medium Density Residential) (42 acres) and I -L (Light Industrial)(.72 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 to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE -- ZIMMERMAN AUTO BODY (H 2018-0029) Page 1 of 2 Meridian City Council Meeting Agenda November 13, 2018 — Page 167 of 173 Exhibit B: Exhibit Map EXHIBIT ZIMMERMAN ANNEXATION FOR BRIAN & ANGELA ZIMMERMAN A POR71ON OF THE NE 1/4 OF THE SE 1/4 OF SEC77ON 11, T 3 N, R 1 W. B.M. ADA COUNTY, IDAHO 2018 C 1/4 CORNER SECTIO14 11 CP&F NO. 1`14007428 — CPBcF N0. 9605190�3�� `— N 00-48-42- E 33.00' N 5J�-y9 N b N \4�Q� W e G � 6' C4 e �I zl 0 11 t 1 ` = 60' 1 W. 'M AWR C� E?14 COR' VER N 8911'18' W 2655.06' Q SECTION 11 NO, 112085074 S 8 71'18' E 174.42' CP&F N0. 8908445 b3.72' _�—T20.70' - 511.70' 90 ACND R/W (NST. N0, f0a016 740 t (49&.77'X498.40) se E 174.42' �Aufo R/w firsr. Na f0805152a 53.72' 120.70 S 00'4842* W 33.00' o I2 NOTE: AREA'S SHOWN ARE TO S121f14}7501 CENTER LINE W. PINE AVENUE 3 IA117 Sq Ft 1 o& CALCULATED POSITION ONLY 1 0.42 Ac. 0 FOUND 5/8' STEEL PIN al zoo POB POINT OF 804NNING 89'1 S12111417515 31,245 Sq Ft 0.72 Aa N kPOO ENGEBRITSON LM1D SURVEYS, PLLQ z2s(s suuAc st1�r sash �A1(o arnoe PHCWE (toe) 899-6oat m*&OWsu,e�ac= 1c \Lmd Pro*ts 2008\18M4\d.g\fa0224R0Se.Q 314-11-2 ELS P.M 180224 SHM f OF 1 Meridian City Council Meeting Agenda November 13, 2018 — Page 170 of 173 Exhibit A: Legal Description & Exhibit Map AUAS ENGEBRITSONLAND SURVEYS, PLLC 2251 S. Sumac Street, Boise, Who 83706 Telephone (208) 859-6032 mike@elsurveys.com 10 March 2018 ELS Project No. 180224 Annexation Land Description ONLY — Contains 49,362 S.F. or 1.13 Acres more or less A tract of land situated within the NE 1/4 of the SE %4 of Section 11, T. 3 N., R.1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the Easy'/, comer of said Section 11 from which a found brass cap monument marking the Center 114 comer of said Section bears N 89°11'18" W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89"11'18° W a distance of 511.70 feet to the POINT OF BEGINNING. Thence leaving said line S 00°46'42' W a distance of 33.00 feet to a set steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00048'42" W a distance of 250.00 feet to a found steel pin; Thence N 89°11'18' W a distance of 174.42 feet to a set steel pin on the easterly boundary of Conifer Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00°48'42' E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00048'42' E a distance of 33.00 feet to a point on said northerly line of the SE'/.; Thence easterly on said northerly line S 89°11'18" E a distance of 174.42 feet to the POINT OF BEGINNING. The above-described tract of land contains 1.13 acres more or less subject to all existing easements and rights-of-way. I- 8791 e�TEor Meridian City Council Meeting Agenda November 13, 2018 — Page 171 of 173 EL1J ENGEBRI I SON LAND SUR KEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859.6032 mike@elstrrveys.com 19 March 2018 ELS Project No. 180224 Annexation Land Description ONLY Residential Parcel - Contains 18,170 S.F. or 0.42 Acres more or less A tract of land situated within the NE 1/4 of the SE'/. of Section 11, T. 3 N., R.1 W., B.M., Ada County Idaho, described as follows: Commencing al a found brass cap monument marking the East /. corner of said Section 11 from which a found brass cap monument marking the Center'/, comer of said Section bears N 89°11'18" W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89°11'18" W a distance of 511.70 feet to the POINT OF BEGINNING. Thence leaving said line S 0048'42." W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00048'42' W a distance of 117.10 feet to a point; Thence N 69°11'18" W a distance of 120.70 feet to a point; Thence N 00048'42` E a distance of 117.10 feet to a point on the southerly rights-of-way line of said West Pine Avenue; Thence N 00048'42" E a distance of 33.00 feet to a point on said northerly line of the SE'/; Thence easterly on said northerty line S 89011'18" E a distance of 120.70 feet to tho POINT OF BEGINNING. The above-doscribed tract of land contains 0.42 acres more or less subject to all existing easements and rights-of-way. 1/0 K:tELbAProjecis120174160224Usdnn nlLegalsl180224ANNEX Residonlial 031918.doc Zimmerman Auto Body—H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 172 of 173 VI-SVI-S ENCEBRITSONLAND SUR V YS, PUC. 2251 S. Sumac Street, Bolse, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 21 March 2018 ELS Project No. 180224 Annexation Land Description ONLY Industrial Parcel - Contains 31,245 S.F. or 0.72 Acres more or less A tract of land situated within the NE Y, of the SE % of Section 11, T. 3 N., R.1 W., B.M„ Ada County Idaho, described as follows; Commencing at a found brass cap monument marking the East %. corner of said Section 11 from which a found brass cap monument marking the Center % corner of said Section boars N 89°1118" W a distance of 2655.06 feet; thence westerly a'ong the northerly line of said SE % N 89° 1118" W a distance of 511.70 feet to a point; thence leaving said line S 00°48'42' W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way line of West Pino Avenue; thence leaving said rights-of-way S 00'48'42"W a distance of 117.10 feel to the POINT OF BEGINNING. Thence continuing S 00°48'47' W a distance of 132.90 feel to a found steel pin; Thence N 89°11'18' W a distance of 174.42 feet to a found steel pin on the easterly boundary of Conifer Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00048'42" E a distance of 250.00 feel to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°48'42" E a distance of 33.00 feet to a point on said northerly line of the SE'/,; Thence easterly on said northerly line S 89°1118" E a distance of 53.72 feet to a point;' Thence leaving said line S 00°48'42° E a distance of 33.00 feet to a point on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00648'42" W a distance of 117.10 foot to a point; Thence S 89°11'18' E a distance of 120.70 feet to the POINT OF BEGINNING, The above-described tract of land contains 0.72 acres more or less subject to all existing easements and rights-of-way. FOr K:tELS%Projects120171180224Wminu egalsll B0224ANNEX Industrlal Parcel 031918.doc Zimmerman Auto Body — H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 173 of 173 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 i �) day of NoV2 b , 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �jo m bpj— , 2018. MAYO"A de WEERD ATTEST: neo P'uo Sr ,19 � Z ID1A�+� C. Y COL6, CITY CLERK"E W J STATE OF IDAHO, ) of the ZR�PyJ� ss: County of Ada ) On this «rday of d \reMla,r 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC lmo� O _ - `/ J RESIDING AT: u{�L�-� MY COMMISSION EXPIRES: 3 9'2 -ada a ANNEXATION ORDINANCE — ZIMMERMAN AUTO BODY (H 2018-0029) Page 2 of 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- 1 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a tract of land situated in the NE'/a of the SE I/a of Section 11, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 1.13 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon passage and publicati C of Me dian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: Adopted after first r di by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES- NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- jrjQS The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 18-1'1q 5 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). I DATED this � � day of I V O l%e rn bJ ,r , 2018. l./ !tib William. L.M. Nary City Attorney ORDINANCE SUMMARY — ZIMMERMAN AUTO BODY (H-2018-0029) City Council Workshop Meeting Agenda November 13, 2018 Agenda Item Number: 11 Project File Number: Item Title: Future Meeting Topics Meeting Notes: