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2021-04-13 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 13, 2021 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/86850279487 Or join by phone: 1-669-900-6833 Webinar ID: 868 5027 9487 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault (Arrived at 4:33 p.m.) Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton ADOPTION OF AGENDA - Adopted CONSENT AGENDA \[Action Item\] - Approved Motion to approve the consent agenda made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener. Jessica Perreault was absent during the vote. 1. Final Plat for Teakwood Subdivision (FP-2021-0009) by JBI Elemental, LLC, Located at 1835 E. Victory Rd. 2. Final Order for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. 3. Development Agreement Between the City of Meridian and H.O.T. 1, LLLP (Owner/Developer) for Scentsy Campus MDA-H-2021-0002, Located at 2499 E. Pine Ave. 4. Client Agreement Between City of Meridian and American Staffing, Inc. for Parks and Recreation Temporary Staffing Agency Services 5. Lease Agreement Between the City of Meridian and Joy's Boys, LLC for Concessions Operations at Julius M. Kleiner Memorial Park ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 6. Information Technology Department: Annual Report 7. Update on Potential New Urban Renewal Districts and District Amendment EXECUTIVE SESSION 8. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to go into Executive Session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener. Into Executive Session: 5:43 p.m. Out of Executive Session: 6:00 p.m. ADJOURNMENT - 6:00 p.m. Item#1. Meridian City Council Work Session April 13, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, April 13, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Adrienne Weatherly, Bill Nary, Dave Tiede, Cameron Arial, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault (a:ss p.m.) _X_ Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is April 13th, 2021, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It's my distinct pleasure to move that we adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the motion is agreed to and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Final Plat for Teakwood Subdivision (FP-2021-0009) by JBI Elemental, LLC, Located at 1835 E. Victory Rd. Page 4 Meridian City Council Work Session Item#1. April 13,2021 Page 2 of 22 2. Final Order for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. 3. Development Agreement Between the City of Meridian and H.O.T. 1, LLLP (Owner/Developer) for Scentsy Campus MDA-H-2021-0002, Located at 2499 E. Pine Ave. 4. Client Agreement Between City of Meridian and American Staffing, Inc. for Parks and Recreation Temporary Staffing Agency Services 5. Lease Agreement Between the City of Meridian and Joy's Boys, LLC for Concessions Operations at Julius M. Kleiner Memorial Park Simison: Next up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I have never been so honored to make a motion to approve the Consent Agenda as published. Hoaglun: Mr. Mayor, I will second the motion. Simison: I have a motion and second to approve a very honorful Consent Agenda. All those in favor signify by saying aye. Or, actually, is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the motion is adopted and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 6. Information Technology Department: Annual Report Simison: So, we will move right into our Department Reports and the first item up is the Information Technology Department annual report and turn this over to Director Tiede. Tiede: Thank you, Mayor, Members of the Council. Can you guys hear me okay? Just waiting for my presentation. I could do a song and dance. I want to start out by saying I'm honored to be here, though. Page 5 Meridian City Council Work Session Item#1. April 13,2021 Page 3-22 Bernt: That a boy. I'm glad you're honored to be here this evening, director. Tiede: Thank you, again, Mayor and Members of the Council, for having me here today. I am pleased to be with you and honored to give you our annual update for the IT Department. So, to get started we will start off with just a -- our mission and vision statement just for your viewing pleasure. One thing that I will note that's not in here -- is that the slide keeps moving without me -- is that we like to have a lot of fun in our IT Department. We try to infuse fun in that. So, hopefully, you will notice that in the next few slides. It's similar to the slide deck we had this last year, but with a few minor changes. Okay. Thank you. We will start by talking a little bit about some of our teams and the services that we provide, just as a -- kind of informational standpoint. First of all, we have our service desk team and you can see a few of our service desk team members here on the slide in front of you. This is the group that handles the asset management for the city, as well as technology purchasing. That is mainly Stephanie Olendorff, our asset management coordinator, and also does the renewals for various software solutions that we have throughout the city. We also handle various aspects of technical support. That's hardware support, that's software support, that's audio-visual support, everything in between. So, you can see a few instances up here of that and on the next slide you will see a couple more. That support also includes our field folks. So, fire, police, community development, water, wastewater-- everyone out on the field as they are using technology we support that as well. Onto the next. Our software engineering team handles software development for the city and that includes things like writing new software, that includes doing integrations with existing software or other software as we purchase software solutions and need them to communicate one with another. As part of our software development processes we also look at opportunities for process improvement as we are developing software and also automation where we can reduce manual steps or eliminate points of data entry to make people's jobs easier. So, we also handle report writing with our software engineering team, which, as you know, pretty much anything that goes into a database can be reported on, which is pretty handy, but it also requires some expertise to know how to do that and know how to transform that data to make it in a usable format, whether that's a report or a dashboard or some other format. We also have our web developer position that's part of our software engineering group, which you will actually hear us come back here in a couple weeks to talk about it a little bit more. They handle the website, including ADA compliance, making sure that search engine optimization is happening and all things from a content management standpoint for the website, helping support the various departments and what they have on the city website. So, moving on. Our next group is our GIS team. We handle all things mapping with this group, including supporting ezri software, which is the software that the city uses to do mapping and data analysis from a GIS standpoint. We also do data visualization. We handle AVL. So, that's the automated vehicle location system that we have running for a number of departments. We do data exchange with other entities throughout the valley, including COMPASS, Ada county, Boise and we tend to automate those as much as we can, so that there is not a huge manual effort anytime we need to do any type of integration with them, which is great. We also support the city by creating web maps that are available, not only to our public, but also to our internal customers as they are out and about doing their jobs in the field. So, next group that I will cover is our infrastructure team. This is Page 6 Meridian City Council Work Session Item#1. April 13,2021 Page 4- 22 really--the heart of this team is what's behind the scenes making things work on the back end. So, servers, storage, networking, firewalls, connectivity, that's all happening here within this team. We also do some technical support for the applications that we host. So, we are still very much on premise and have most of our data hosted here at City Hall, but we also have some Cloud applications and we are involved in how those are managed as well. So, a continuation of that team is our project manager and business analysts that handles doing both those functions for various large software projects throughout the city and also handles software support for Accella and some other systems and, then, myself that handles leading the department, coming up with our technology strategy for the city as a whole and, then, a couple of large areas, such as policy and information security. So, as you can see there is quite a wide variety of things -- services that we provide to the city and a wide variety of people that handle it and positions that handle it and they are very unique and different in how they are managed. So, we aren't all interchangeable as, you know, technical support, unfortunately, but we do have a very great team that does all these different services, handles them very well for the city. So, I'm pleased to be part of that and grateful for their support in running the city's IT Department. So, next up I wanted to cover some highlights that we had over the last year that I thought would be worth mentioning to you. The first one is our support that we provided related to COVID-related needs. The first one being the huge undertaking of helping nearly 200 employees move to remote workforce in just over a month's time period, which was pretty -- a pretty big undertaking, but we felt we were really successful in that area and that most of our customers were pleased. As time went on we also had the opportunity to help them look at things differently, look at how they do their jobs differently and look to see how technology could be leveraged to help them be successful, even while remotely when they might -- might have been used to do something on site. So, we also made many updates to the city website per the request of the Mayor's Office and others to make sure that information about COVID and the different challenges that were coming about were out there and available to the community. Those were near constant for many months and they were even after hours many times throughout the day and, then, of course, you know about our efforts in helping make sure that the Council and commission meetings could happen remotely via technology, which was an undertaking that we worked with a consultant on and also collaborated with the Clerk's Office on and couldn't have done it without them. They have been fantastic in supporting that. A couple other highlights we had in this area was we did seek and were approved for CARES funding to purchase technology to help our employees be remote more effectively, including technical -- VPN technology that we expanded significantly we have two different technologies that we are using in that area and they are both working pretty well. We have been using both of them for up to a year for many employees that are working remotely. We also purchased Microsoft Teams for nearly 200 employees and are using that for remote meetings, but we are also using it for the collaboration tools and things that it offers, because that was something that was, you know, also provided as part of that solution and it works really well, so -- we also were able to acquire many laptops to, again, help people to be able to be more remote more effectively and we also worked with our public safety entities to get new equipment in their vehicles and that's still an ongoing process. Both of those are still ongoing processes that we are working on. To continue on highlights. Here are a few software engineering projects that we had over Page 7 Meridian City Council Work Session Item#1. April 13,2021 Page 5 of 22 this last year. Our incident tracking, which is the field report writing tool that the Police Department uses that was developed internally, is now available on MDTs in the field. So, our officers are able to do those reports anywhere they need to, as opposed to coming in the office to do those all the time, which was great for our public safety officers. It increased their safety as well and, then, it, obviously, gave them a little more flexibility with this COVID situation not worrying about coming into the office to get those reports done. On another note, they also got some additional functionality that they didn't have in the field that's not available in the CAD system, so they are able to run partial plates and do some other things that they didn't have functionality for in the field before, which is pretty cool. We worked with our HR Department to develop an e-recruitment application this last year. That went live here a few months ago and it provides things such as an improved user experience, a lot more user friendly, a lot more intuitive for people to go in and apply for jobs for the city. It's also mobile friendly, so you can apply for a job on your phone if you want to and, then, we also provide tools for the hiring teams to streamline some of the processes that were happening in a very manual way before. So, that was a great project to work with HR on. We appreciated their help on that. It's been a good outcome, so -- we also did a survey and have seen very positive feedback from the different applicants that are applying for positions throughout the city, so been really good feedback. The next project I was going to highlight here is property and evidence. So, this was another project that we worked with the Police Department on. Their -- many of their processes for evidence were being handled manually with a lot of paper or sometimes duplicate or triplicate data entry. We went through and took that process entirely digital. Obviously, we couldn't take the property itself digitally, but the rest is digital. We removed the duplicate data entry and we ended up saving officers and evidence technicians a lot of time. Processes that would take them a day or two can now be done in a couple hours. So, pretty cool. There are a couple of screenshots up here of what the application looks like and, then, on the next slide I have a couple more screenshots. So, this is all mock data, so there is nothing sensitive there at all, it's just for demonstration purposes. A couple other highlights. I'm going to go in reverse order from what's on the slide here. We worked with planning to develop the service accessibility tool and did a lot of work on the back end where planning did some of the front end work. That is a tool that is used to be able to give planners more information about services and where they are available and, obviously, is used as a decision making tool for you all to be able to say, hey, you know, we know where services are and where they aren't and that will impact development and decisions, so -- and give me one minute, my surface locked and I lost some of my notes. I am not a GIS expert, so some of these things I have to -- I have to refer to. You will see one of these graphics is a -- that's our data sharing hub, which is a work in progress, but I felt like it was worth highlighting and you can see it's a -- it's a moving image that actually shows you the steps to go through to get to information, so I will talk about that next if I can get it, which I can't. Okay. Not going to get it. So, anyway, the next one -- the next project that I want to highlight is out data sharing hub that our GIS team is working on. This is really a tool that will make it easier for both citizens and other entities or organizations in the valley to be able to get GIS data that is technically freely available to the public, but not always easy to get to and sometimes requires a public records request. This is an effort that we felt was important, because it-- it helps with the government excellence strategic focus area, providing better Page 8 Meridian City Council Work Session Item#1. April 13,2021 Page 6- 22 visibility, transparency into the GIS data that we have at the City of Meridian. So, we are pretty excited about that and that will be complete here in the next few months, so -- a couple other highlights that we had this year. We have been working with Public Works for some SCADA improvements. If you are all familiar with what SCADA is, that is the Supervisory Controls And Data Acquisition systems that are used to support Public Works functions, both on the water and wastewater side. So, integration with pumps and lift stations and everything else. We have been able to increase the resiliency of those back end systems that connect all the things together, providing redundant paths for network connectivity, providing redundancy for some of the computer infrastructure that's used there. We also in that effort were able to improve a lot of the security, which if you are not aware has been more and more a concern just due to more and more being connected to the internet. SCADA systems are definitely one of those targets that are being a little bit more frequently attacked and through this effort we are able to improve security and have more improvements to come as we continue to work with them on buttoning up this project. So, we are pretty excited about that and, then, our opportunity to be a little more secure and make sure that our facilities and infrastructure from a Public Works standpoint are protected, so -- and, then, we have continued to make other cybersecurity improvements over the last couple of years -- or over the last year. We have had a couple of big ones that I wanted to mention. First of all, our e-mail security system has been revamped and has been significantly improved and is helping protect us from ransomware, from attacks like CEO fraud or phishing. It's been a big improvement that we have had and we have also been able to cut out a lot of spam, which has been nice I think for our employees as well and, then, we also introduced a single sign-on solution, which we felt was important, because of the millions of passwords that everyone manages nowadays -- from a city standpoint we wanted to have a tool that would allow people to have one account to manage and, then, it would automatically let them into other systems that they have access to and so we have been able to implement that throughout -- I think eight different applications at this point and we will be able to continue to expand that as applications support it or come on board. So, we are pretty excited about that. That wraps up the highlights that I had for this last year. Next I wanted to talk about a few upcoming CFP items. Obviously, CFP is all tentative items, so this is not necessarily set in stone budget, but more of an FYI of what our CFP looks like for the next few years. So, for FY-22 we have a few things on the radar. One is continuing to expand our Enterprise Content Management Solution, which is Laserfiche, which the Clerk's Office uses. We are continuing to expand that to other departments to look for efficiencies in creating more of a digital strategy for our document storage. So, that continues. And with that we also have the opportunity to leverage electronic processes more, which will greatly improve some of the -- or more -- more efficiencies for departments as we continue to expand there. We continue to look at opportunities for communication infrastructure expansion -- extensions. This is really our dark fiber network that we are continuing to build out throughout the city. A couple areas that we are -- that are on the radar are the projected fire station/police precinct sites that we would need connectivity to were they to be built. So, those are a couple on -- that are on the radar for -- that could be considered for this money. But that may come back in another form or fashion to you. So, we also have our e-mail archive and discovery tool that we have had for about 15 years right now is at end of life and no longer supported, so we are planning on upgrading that this coming year. Page 9 Meridian City Council Work Session Item#1. April 13,2021 Page , -22 That is important for public records requests, anything related to retention is a key central component of that. It manages the way we handle e-discovery on this platform versus if we had to manually handle it. It saves the city staff hundreds of hours anytime we get a public records request that involves e-mails. So, it is a critical component we need to maintain, so -- and, then, the next item for FY-22 that we had was wireless equipment for remote connectivity. So, as you know we have a lot of fleet vehicles throughout the city. Police. Fire. Comdev. Public Works. Most of these vehicles now have wireless connectivity type of equipment in them, which gives us the ability to get connectivity to devices, such as cell phones or laptops that they may have out in the field with them, but it also is what gives us the ability to do AVL tracking, so we can see vehicle location. So, those are pieces of equipment that are at the point where they need to be replaced and so we are coming back for-- to get those replaced this year, because, otherwise, they will stop working, so don't have too much of a choice there. For FY-23 -- I will go to the next slide. We have a few things -- again, big ticket items right here. Probably not big ticket items for wastewater, for example, but they are big ticket for us, so that's why they are on here. We have a sequel server upgrade that we need to do. Most of our data or applications are hosted on a back end sequel server, which is a type of database we have for the system and that solution will be end of life at that time, so we need to replace it. Our data center here at City Hall has a power system that is on the verge of being 13 years old now, so we will need to replace that at some point in the near future, which is why it's on the budget for FY-23. We do anticipate hiring an IT security analyst at some point in the future, which is why we have this IP security analysts position slated for FY- 23. IT security or cyber security is more and more important in everything we do and at some point having a position that can be the steward of that function and no other function will be important for the city as a whole and, then, we are continuing to replace more of the wireless equipment that I mentioned before and, then, for FY-24 we have our main server/storage resource that we -- we have both at City Hall and the Police Department that will come up for replacing and will need replaced and that's a pretty big ticket item for us. There is a chance that we may look at alternative options, such as Cloud hosting and public cloud, that could change that cost and what it looks like, but at this point we are not sure if going that direction makes sense. The last time we looked at it we had a class of about 300,000 dollars over a five year period and if we looked at going to that it would have been I think 1.3 million. So, we definitely aren't set on that, but we are at least evaluating again. And, then, we have our Windows server operating system that will need also replaced as part of that, so -- a couple other future items that don't have -- I don't have a year on -- for this, our Microsoft 365, which is Office 365 that we will be transitioning to at some point in the future and for maybe 2025 or 2026 and, then, we also at some point will need another technical support position, which we anticipate when and if both fire stations get approved and police precincts that may be the tipping point for us. So, just wanted to give you a heads on that. The last thing I wanted to talk to you about was what I have mentioned a few times before as I have come before Council and this is really impacts to the city as technology or IT companies transition their model from a more traditional approach, which is we sell you something once and you keep it forever, to this as a service model; right? It's happening more and more and these are a couple examples that we have had in the last year. One is AutoCAD. We actually have used AutoCAD, the Public Works Department mainly, for probably a decade and at this point Page 10 Meridian City Council Work Session Item#1. April 13,2021 Page 8 of 22 we were forced to go to their new model, which our costs -- our Public Works costs went from 3,500 dollars a year to 17,000 dollars a year, which was a change, and, quite honestly, it's just the way of the industry and the options are to use AutoCAD or try to find something open source that doesn't work very well and isn't compatible with any of the contractors out there. So, as this happens more and more we are going to see these technology tests start cutting into our revenue in a different way than they have in the past. So, I felt it was important to mention it. Adobe Acrobat is another one that we took it upon ourselves to find ways around this and did reduce our cost significantly, but still it's a cost that went up from, you know, per license cost of 300 dollars to an annual cost of 200 dollars or every person that's licensed for it. So, again, it's a great business model for the businesses doing it. From a cost standpoint it's not so great to be on the receiving end. I mentioned Office 365 or Microsoft 365 coming up. That's on here as well. And, then, the Cradle Point replacements was something that I wanted to mention specifically, which I had covered in our CFP, but it's -- it's another factor in this equation, because software as a service is pretty easy to say we are transitioning this over to, okay, you have to pay for this subscription fee. When I sell you a piece of hardware it's a little bit different. You can use it as long as you want; right? I can't do anything to make you buy it again. Well, vendors have found that there is a way to make it happen and so this example -- we use these Cradle Points across our fleet of vehicles and they are the main source for this. There are not any other good options out there. It's Cradle Point or nobody and they know it and Sony, Ericsson, bought them up here last year and, anyways, as part of that transition they decided to do this forced obsolescence where if you stop -- you know, if you don't buy the new device your device will stop functioning and at that point you are dead in the water until you do something else. So, we are seeing that happening more and more in the technology sector and I think that, obviously, it's -- it's businesses trying to be more sustainable, but at the end of the day it's going to come back and impact the city as well. So, just wanted to mention that. That was one instance of that and we have seen a few others. With that I will stand for any questions. That is all I have for you today. Simison: Thank you, Dave. For the record, Council Woman Perreault joined us at 4:33 for that presentation and I just want to touch on one thing before we get into other questions. As Director Tiede pointed out, the 100,000 dollars in the FY 2 for infrastructure components and just want to point out that that's more of a standing number. The cost to deliver fiber to a fire station or some fire station in the south is exponentially more than a hundred thousand dollars. So, that's something that we are working on now. I just don't want Council to be surprised when they see the numbers, see this and, then, maybe see a number three to seven hundred thousand dollars in the future, if-- depends on how we might need to go down that road. Tiede: Thank you, Mr. Mayor. To -- to your point this is really more of our overall plan to continue to expand and provide this connectivity when opportunities arise working with ACHD, whereas building out is a completely different story, so -- Simison: With that, Council, any questions? Bernt: Mr. Mayor? Page 11 Meridian City Council Work Session Item#1. April 13,2021 Page 9- 22 Simison: Councilman Bernt. Bernt: Not a question, but more of a comment. I have said it in the past with the clerk's office, with Chris and his team and Adrienne, about the successful implementation of our virtual platforms during COVID and you guys have all done a fantastic job. I had lunch today with a dear friend that's intimately involved with what we do as a city and even said, then, that, you know, Meridian never stopped and continued business as usual and that didn't happen overnight and it certainly didn't -- wasn't because of anything that Council did per se, it was everything to do with you and -- and Chris and your teams and I wanted to say thank you. Such a huge undertaking. So, great job. Tiede: You're welcome. Bernt: Excuse me. And also what you did with, you know, staff and employees, like you mentioned. It was wonderful. So, great job. Simison: Council, any further questions? All right. Thank you, Dave. We all know infrastructure and technology is cheap and stagnant, so we -- we appreciate that very much and I look forward to working with you on how we as -- how we can financially plan for our needs anymore. Thank you. Tiede: Thank you, Mayor and Council. 7. Update on Potential New Urban Renewal Districts and District Amendment Simison: With that we will move on to our next item on the agenda, which is our Community Development Department, update on potential new urban renewal districts. Turn this over to Cameron. Arial: Mr. Mayor, Members of the Council, it's a pleasure to be with you. Can you hear me and see the screen okay? I'm going to kind of go maybe where this may take us, but just wanted to kick this off. We do have a number of guests on with us as well. We have Ashley Squyres from MDC. Meghan Conrad is the proposed consultant for some of this work. We have other staff as well. Steve Siddoway, Garrett White and Victoria Cleary. So, we are all here to present to you all some next steps on some potential urban renewal districts. We have been talking about these as staff for a little over a year now, but wanted to bring them to your attention for your consideration and also to get some definitive courses going forward on them. So, the first -- I will kind of outline this. We have the -- the Northern Gateway District, as well as what we will call the Overland-Linder-Ten Mile District. We got to come up with a better name as we go forward with that for sure, but -- and, then, also some interplay potentially with the community center, if-- if that is going to be included in the upcoming RFP in -- kind of in -- in that order. Those are the three main items that we would like direction and discussion on this evening. So, with that we will kind of just touch the -- the Northern Gateway and I'm going to just share my screen, so you can get at least a visual of it. Can you all see that? Okay. So, the Northern Page 12 Meridian City Council Work Session Item#1. April 13,2021 Page 10—22 Gateway District it-- it's important to note right off the bat that the --the existing Downtown Meridian Revitalization District -- the original district expires in 2026 and so with this it -- if we were to do and want to do additional work up in this area, a new -- a new district would -- would need to be formed, given the short lifespan of the -- of the existing district. It's also important to note that there is a lot of revitalization occurring in downtown, which has been very deliberate and I think very successful with the -- with the joint effort of many, especially those on the line with us. But with that said the northern area has not redeveloped for whatever reason and we feel like, you know, an additional time horizon, as well as additional focus could help this area truly reform in a -- in a meaningful fashion. I would add as well that -- just kind of stepping back just a bit -- that, you know, urban renewal and the use of urban renewal is mentioned twice in our strategic plan, as well as twice in our Comprehensive Plan. Truly is a tool to help revitalize areas, to stimulate growth, and to do those things that will bring value to our community and citizens. Back to the Northern Gateway. So, truly without much intervention -- in other words, the use of this tool -- as you can see there is -- there is a -- there is a lot of work here. Small parcels, big parcels, aging infrastructure, transportation, other utilities that -- that would -- that really are necessary to see this transform in a meaningful way. So, with that said as you can see -- and I will just kind of -- if you can follow the cursor a little bit. This line -- and I apologize, I'm colorblind, I think it's blue -- is the original district. Bernt: You are colorblind. That's -- Arial: I am colorblind. It's probably purple, uh. Anyway. And this kind of hashmark line is kind of a preliminary, if you will. It's -- it's not the final, but what -- what would be a good baseline for the new district and so with that said you do have areas that are in the old district. These would need to be de-annexed similar to what we did with the Union District and, then, you also see that there are new parcels being added. So, these would be included in the new plan. So, there is kind of a -- a stepped process to -- to making this district come -- come to life. The Overland and Ten Mile District -- and I will -- again, we got to come up with a new name, because that's -- that's too long. But this is -- this is a very different scenario. Northern Gateway is -- is downtown. It's more redevelopment in nature, aging infrastructure, things of that -- of that kind. The Overland-Linder District is more -- as you can see there is -- there is less parcels. In fact, I think there is only 21 parcels total in this district and it's truly -- the focus is on the opportunity to accomplish the Linder overpass. The focus would be here that any investment in the --the generating resulting tax increment financing funds would go to the creation of the -- of the -- of the overpass. So, a little bit different purpose and also just a different -- different approach. That being said, this one is one that the city would front the cost for the creation and would also kind of spearhead from a legal perspective, talking with -- with Bill and Ted on this one, that -- that we would -- we would handle most of that work. So, with that in mind we do have -- hope -- hoping -- hoping to have a robust discussion with you all. I would -- I would add just, again, we do have the -- the pending RFP that we would like to come back to you with regarding the civic block. That is something that we would like to bring next week, if possible. The decision point potentially tonight is whether or not to include the community center in that RFP. If -- if not, then, you know, we can discuss how that may impact these -- these districts. But, again, just guidance on -- on those three items Page 13 Meridian City Council Work Session Item#1. April 13,2021 Page 11 —22 are truly what staff is looking for this evening. I would mention that if you do give us the go ahead to proceed we will go -- bring a -- an amendment to -- for you all to consider to engage the consultants to get this work going and, then, also get an MLA in place with MDC to pay for some of this. And I would note as well for Council, just -- just know that you will have many cracks at this. As you will recall with the Union District there is a very robust process required by statute. We will certainly be communicating with you often and seeking your input, so by no means is -- is any of this final, but it's certainly a jumping off point that we need your feedback on. So, with that, Mr. Mayor, I will open it up and stand for any questions that the Council may have. Simison: Thank you, Cameron. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Cameron, maybe before we start talking about the -- the kind of projects that are before us, would you be able to kind of briefly expand upon -- I guess your last comments about what that process would look like from now to assuming the Council were -- were in favor and would want to authorize this? I appreciate knowing that we have got a lot of bites at the apple, but help me understand what that process would look like. Arial: Mr. Mayor, Councilman Cavener, we do have Meghan Conrad on the phone. So, she -- Cavener: Okay. Arial: -- was the one that aided us last time and she's got a great understanding of -- of those statutory requirements. But, yeah, Meghan if you are available we will open it up for a response on that question. Simison: Meghan, if you can just say your name and address we would appreciate it. Conrad: Thank you, Mr. Mayor, Council Members. Meghan Conrad. Elam and Burke. 251 East Front Street. Thank you so much for having me here today. I really appreciate the opportunity to partner with all of you on these efforts. Thank you so much for your question, Council Member Cavener. I think the process for de-annexation and a new plan are essentially the same, but the timelines are a little bit different. So, for de-annexation that scope of work would -- would -- really we are targeting that being completed by the fourth Monday in July and that is simply because of the value impacts that occur when you pull parcels out of a revenue allocation area and getting those values -- the increment and the -- and the base value merged back on the tax rolls and, then, the -- you know, corresponding impact on the new construction role. So, that's the deadline for the de- annexation. The deadline for new plan areas is 12/31 of-- I think what is being looked at as -- as this year. So, backing that up a little bit, in terms of specific touch points for each Page 14 Meridian City Council Work Session Item#1. April 13,2021 Page 12—22 of these processes, as indicated, a plan amendment does have the same path that it travels as a new project area and what would happen is if -- if authorized to proceed on a new plan, that would kick start the consultant to review the geographic area for eligibility and that would result in the issuance of an eligibility report. That report would first come back to the agency board and they would review it and if they deemed it acceptable would accept it and forward that on to the Council. The Council would, then, review that eligibility study and the findings made therein and, then, would elect whether or not to adopt the findings in the study by resolution. Then sort of the phase two, then, we would look at the planning process itself and the next -- a plan is prepared over the course of several months and a significant part of that is the plan narrative, which -- and, then, there is the attachments to the plan, which includes the map and the legal and significantly the economic feasibility study, which looks at the potential revenue generation of the project area and compares it to the specific identified projects and to the extent, you know, the revenues exceed the expenditures, then, the project is feasible. So, then, that plan is, then, reviewed by the agency board at an open public meeting and, then, if moved forward by that body would be transmitted to the city. At that point there would be a 30 day notice of public hearing published in the paper in the Meridian Press. There would also be a transmittal of the plan and the notice to all of the overlapping taxing districts and, then, it just moves through the city's process for ordinance consideration and adoption and, then, there is a round of -- and if ultimately adopted there is another round of post-ordinance transmittals. So, sorry that was a lengthy answer. I also want to -- sorry. Cavener: That was very helpful. Conrad: I also just wanted to quickly point out that is different from the Union District. These two project areas, both the Ten Mile to Overland and the Northern Gateway have county parcels identified, so parcels that still are within unincorporated Ada county. You know, to the extent those remain county parcels during this process there will also have to be touchpoints with Ada county. They would have to look at the eligibility study and ultimately would have to sign off on an intergovernmental agreement adopted by a county ordinance. That doesn't necessarily have to be the path forward on those county parcels, because I think annexation is a potential discussion point as I understand it, but that's just another opportunity. Perreault: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks a lot, everybody. So, Cameron, I am curious what unique infrastructure investments or projects are needed to make private investment viable in the new part of northern downtown that we want to look at and the reason I'm asking that that way is I think that these should stand on their own. It makes me a little nervous when the boundaries are being moved around a lot. And I guess another part of my question and why I'm asking it this way is real estate works in cycles, we both know that. The cost of trades is high and the cost of land is high. So, how do we know that these -- tell me about the specific projects that are needed to spur private investment and why that is different Page 15 Meridian City Council Work Session Item#1. April 13,2021 Page 13—22 than where we are in the real estate cycle just making it not economically viable to develop right now. Arial: Mr. Mayor and Council Woman Strader, this is -- this is a great question and I think there is -- there is -- there is a lot of nuance to it, so let me take it in bytes. So, there is the -- you know, the -- the infrastructure issue that -- that is certainly in play to the -- the redevelopment of this area. We know right off the bat that transportation is one of them and in partnership with MDC we will be working with a transportation consultant to understand how better to realign some of the transportation network, as well as some -- some of those improvements. So, for example, if you look at Third Street and as an example for a throughput through the downtown, giving more pedestrian, as well as vehicular circulation through the downtown, that is one that could very much impact some of these parcels downline from Third. There -- there is also some discussion about Fifth and the potential there with throughputs as well. So, that's transportation, for example. We also know that utility -- utility work in partnership with Public Works -- there is an effort already afoot to replace aging pipe, as well as expand that. So, if we have -- again do some of that work and have that available for these parcels, the likelihood of redevelopment is increased. The second part of your question, more of the market question, I think is a good one. It is important to this area that -- in my opinion that we see significant investments, that we take opportunity right out of the gate to attract investment and, therefore, start the TIF generation to help some of the other down the line investments to occur and so, again, that's -- that's kind of the theory behind some of these larger parcels -- potentially easier parcels to assemble, so that we can attract some -- some investment that -- that hasn't occurred in the past, but also to, then, help stimulate other property assemblage or utility or -- or traffic or other infrastructure to help make the rest of the area redevelop quicker. So, it's a little bit of the strategy, a little bit of the -- you know, certainly the -- the concerns that are prohibiting development or redevelopment at this time. Does that help answer your question? Strader: It -- it kind of helps answer my question. So, it sounds like we think there is utility work that's needed that we are already starting to do on our own and, then, the transportation work -- I guess I'm a little unclear on what that need is. So, there are two examples. Third Street and Fifth, more vehicle and pedestrian circulation I guess. Is it that existing businesses don't feel that they have the traffic to expand? Is it that new businesses don't have large enough cars? I mean help me -- what -- what is the issue I guess that someone good at land assemblage couldn't solve. Arial: Mr. Mayor, Council Woman Strader, so just thinking of the examples that we do know, the developments that are -- that are in process. So, for example, we -- you can't see it on the map, but we know, for example, Union 93, which is an additional 300 units, is going to be coming on. Right across adjacent that -- or are kitty corner to that is the Old Town Lofts. You have additional, you know, pedestrian, as well as vehicular impacts. That -- that puts additional burden on -- you know, Main Street, for example, is the main throughput and, therefore, how do we create additional circulation and additional commercial and business opportunity in other parts of the downtown other than Main and, therefore, dumping a lot of that onto Main. So, the -- that's just an example. But, really, Page 16 Meridian City Council Work Session Item#1. April 13,2021 Page —of 22 the --that is the --the hope --and Ashley's on a line with us as well. The hope of engaging this consultant is to truly vet out and understand what those transportation needs are specifically and how best to orient a lot of that and -- and from that work we will know best, you know, how to implement some of these strategies. But that is just an example of one. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, I think just to put it simplistically, with this Northern Gateway project, this URD, you know, the purpose of an urban renewal district for sure is to create future economic development. I think that's the driving force, that's the catalyst behind forming any type of new URD, with the hopes that using TIF dollars that would incentivize bigger development to come in and to invest in these areas and with the help of TIF dollars, with infrastructure and facade improvements. It's really hard to know what that looks like exactly without any type of project on the table and -- and I don't believe that we do have any projects on the table and I don't know truly what that interest looks like. But, hopefully, with this new URD on the north end of our downtown area could stimulate that and really create something cool and vibrant. With that said I -- I have some questions in regard to maybe what the geographic area looks like, but that can be handled offline, nothing too serious or complicated to discuss right now. Those are my thoughts with this particular URD. I hope that helps you out, Council Woman Strader. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm skeptical about -- about the Northern Gateway. I think the Linder overpass is a discrete use and I can get my hands around that easier. I'm willing to see what the consultants work is, but the reason -- I'm skeptical for a couple of reasons. I'm skeptical about the timing, because I think we have catalyst projects already downtown that will change the demographic and economic drivers in downtown and I'm questioning if it's appropriate to continue expanding urban renewal until we see if that catalyst is sufficient. I'm skeptical because the legislature may mess with our city budget directly with their legislation and I believe we should be doing a return on investment calculation here. So, we are foregoing a series of future cash flows of taxes to invest them in an area, I would like to know what that return on investment should be. So, hopefully, the consultant could help with that. I guess I'm just a little bit skeptical. I -- I'm a big fan of improving downtown, but I don't -- I didn't see at least in this memo a lot of really well defined reasons that infrastructure improvements or other things are needed to spur development specific to this northern area of downtown. I'm concerned we are expanding urban renewal areas to justify continued investment overall and if it is I'm just not convinced that it's necessary yet. But I'm open minded. Hoaglun: Mr. Mayor? Page 17 Meridian City Council Work Session Item#1. April 13,2021 Page ——22 Simison: Councilman Hoaglun. Hoaglun: Yeah. I -- one of the things I see with this Northern Gateway URD is the fact that we do need some north-south connection for not only what Councilman Bernt pointed out, but also for expansion of economic development. There are really some underutilized properties along Fairview and coming up 2 1/2 Street around the Cole Valley facility, which, you know, has -- has some potential for the future, whether it's existing or new and it's just something I would like to take a look at closer and I think there can be some big improvements in these areas and really revitalize that area and -- and spur some development that really gives us a nice core for Meridian. We are going to have other areas surrounding downtown that are -- that are going to be good and strong and we also want to have a strong downtown. So, it's something I think we need to take a closer look at. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: In the interest of time I guess my next question would be to Council, do we have consensus or at least majority consensus at least pointing our partners in the direction of looking -- you know, expanding research and -- and coming to us with more specifics on what these URDs look like going forward? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. A really good question, Council Member Bernt. appreciate you asking that one. From my standpoint, yeah, I think I'm supportive with at least beginning the studies, recognizing that the city's going to be on -- on the hook for those. I'm cautiously optimistic about what will come forth. Again, particularly with some of my Council Members about the Northern Gateway. But, then, as I -- as I think about it we don't -- we don't think about the Northern Gateway right now as downtown Meridian, but, man, in 20 years from now it might sure feel like downtown Meridian and so I think there is some economic opportunities to be gained from there. I'm less concerned about the other proposed project, but I'm happy to have the conversation. The part that I think that's important for me, Cameron, for you, just to where I'm coming from is this feels like it's -- it's a good idea. I appreciate you, your urban renewal district, bringing it to us. Let's make sure that we are doing -- we are going above and beyond, doing the Meridian way, being premier when it comes to engaging our stakeholders in this area. I want to hear from them. I want them to be excited about this, too. This really is a good project for Meridian, they are good projects for the URD, let's hear from the people that are going to be impacted directly. Perreault: Mr. Mayor? Page 18 Meridian City Council Work Session Item#1. April 13,2021 Page ——22 Simison: Council Woman Perreault. Perreault: Thank you. Treg, I would -- first of all, Councilman Bernt, I would like to hear Ashley's thoughts on the statement that you just made before we get off this meeting and also I'm actually having the same challenge that Council Woman Strader is having, but in regard to the --the Linder overpass URD and trying to understand the purpose of needing to go all the way over to Ten Mile and include some of those western parcels and how that really ties into a need for the Linder Road overpass. So, don't -- I don't want to take this meeting too long, however, that's definitely a question I would like answered before -- in general I'm on -- in general -- in general I'm on board with -- with agreeing to proceed to get the information to hear more. Really eager to hear more about, you know, some more detail on the thoughts and plans on these, but I -- I'm -- I'm trying to really wrap my head around the -- the Linder Road overpass -- overpass piece of this. Bernt: Mr. Mayor, is that Ashley's question or is that -- who would you like -- Simison: Ashley or Cameron or myself on the Linder one, either one of us. But any takers, Cameron, Ashley? Arial: I will go first. How about that, Mayor. Good question, Council Woman Perreault. So, this district it -- as was mentioned is very specific to the construction of the overpass and so, again, this is -- this is going to be work done down the road, but the eyeball test says in order to generate the TIF necessary to create that -- to pay for that overpass we -- we would need a certain level of investment and so that's -- that's why this area in particular was outlined. If we shortchange that and we don't generate the TIF, then, that becomes another discussion for Council. But turn it back to you, Mayor, for further comment. Simison: And what I would add from that standpoint is we know about specific investment that is beginning in that area -- in some of the areas that are not annexed and that will likely spur additional annexation or additional potential, but the stuff that is already annexed there is -- that property owner is very interested in trying to find the right project to bring, so it's about potential opportunity and, really, who -- who would be benefited by that and as part of our argument for the Linder Road overpass is it reduces congestion on Ten Mile. Those businesses or those -- that -- were that part of the Overland-Ten Mile is potentially has investment or development opportunity, it will help serve their -- their needs long term as well. Squyres: And I -- hi. Ashley Squyres for the record. Meridian Development Corporation. I'm the executive director. 239 -- or, excuse me, 104 East Fairview Avenue, Suite 239, here in Meridian. Thank you for having me this evening. If I understand Council Member Perreault's question it was in regards to the public involvement. So, I just want to clarify first that's exactly what she was inquiring about. Perreault: Thank you. Specifically I'm inquiring about -- I guess I just -- I did read the memo. I want to get your overall take on with --with Northern Gateway specifically, I want Page 19 Meridian City Council Work Session Item#1. April 13,2021 Page 17—22 to get your overall take on. How do I -- how do I specify my question? Basically just to address -- just -- just give us a -- if you would generally address the concerns that have been presented is essentially what I would like you to do. I want to hear directly from you about the -- the conversation that we are having. Squyres: Well, thank you for that. I just wanted to make sure I understood the question fully. Northern Gateway is within two areas -- sub areas of our Destination Downtown Plan that you, as a City Council, adopted back in 2010. One of those districts is actually known as the Northern Gateway, the other is known as Washington and Main. There are very specific projects that are laid out within that plan that, quite simply, our agency just has not had the time or the resources to be able to put into. Our focus has been on the downtown core, otherwise known as Old Town, and, you know, I am reminded that some of the Council Members over the years -- you know, those key increment building years happened during the recession. In fact, when I started this position almost 11 years ago, the first couple of years we actually regressed and in increment really seemed to be able to be a project. It's only coming forth now in the last couple of years that we have been able to partner with developers, such as Old Town Lofts and coming with -- excuse me -- Galena for Union 93. We are just finally getting to that point and, unfortunately, our Iifecycle is expiring in 2026. So, there is a lot of work that's left undone per Destination Downtown for that Northern Gateway. There is also a lot more opportunity now than there was ten years ago as well in terms of parcel assemblages, utility work as was mentioned, but also from a transportation network. You know, we had a conversation with this Council a couple of weeks ago in a work session and, you know, from that moment I have been engaging consultants and putting together schedules and working with those who can help us get to the finish line by the end of this year for this new URD that is being proposed. The boundary that you have seen tonight simply is going to change. It is going to be refined. But that was our best guess about a year -- a little over a year ago based on what we saw as some of the opportunities. We now know more -- of more opportunities, more potential projects. We have engaged Don Kostelec and Chris Stanley, who are transportation and pedestrian planners, and they know Meridian very very well, as they have conducted a number of assessments for your community. We actually have a kickoff meeting with them on Friday, because MDC has contracted with them directly to help us define what the important projects are within this -- this area and to also help inform what this boundary actually should be. They are looking at those opportunities for the north -- or, excuse me, for East Third Street heading north and making that key connection from Franklin to Fairview that has been in your plans for a number of years. We have also had some very key conversations with Cole Valley Christian and their property holdings and some other folks who are very interested in investing in downtown, it just doesn't make financial sense for them at this time and so what we are hoping to be able to bring to you is a solid project. I think it's going to be rooted in Destination Downtown. I think we all feel that there is a lot of good work that is still very valuable now, but we are going to build on that and bring you a project or a project area with a list of projects that we think are feasible to obtain in the next 20 years or so and so at anytime during this process if any of the Council Members have a question or concerns or input, we are open to that. There will be a robust public involvement component. We wanted to get the thumbs up tonight to be able to start moving forward Page 20 Meridian City Council Work Session Item#1. April 13,2021 Page ——22 on these efforts. If we get that this evening, then, we are going to start sketching out what that looks like and, again, we will keep you informed with regular updates. You have great staff with Cameron and Tori. I'm happy to be present at your meetings as often as possible and as often as you want to see me. So, I hope that answers your question and thank you again for allowing me the opportunity to speak. Simison: Thank you, Ashley. And I know that there is the outstanding question that Council Woman Strader kind of put out there and I don't know there is a good answer, honestly, how many projects in downtown Meridian or downtown Boise would not have happened were it not for urban renewal. I don't know that we can really ever quantify that. You know, you can quantify how many of them happened with the -- with the urban renewal, but absent it what would not have -- what would or would not have happened. Those are tough questions and it is somewhat of a gut feel in terms of the view and approach, but maybe that's something that, Ashley, you may be able to sit down with Council Woman Strader and talk a little bit more about that from -- even your knowledge of CCDC and what has occurred over there through their years, you know, because it's still an evolving process. I don't know what that looks like. But I do want to be respectful of our next item, because we have the chief here to get into Executive Session. Council, is there anything else we need to specifically state on the item at this time or -- it looks like there is general agreement towards moving forward -- a step forward on these and -- and I will let Cameron address the other issue off -- offline. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: The only other issue I believe that they are looking for is in regard to whether or not the community center is involved with the RFP or not and I think that's somewhat of a -- an important aspect of-- of this discussion as well. I can give my thoughts, but I think we need to spend a couple of minutes discussing that. I think that Ashley and -- and Cameron and Tori are looking for that direction as well. Simison: That's why I was hoping that Cameron could just work with each of the people offline from -- getting an answer, if he feels like he has done or has not. Bernt: I'm not sure if he has or hasn't, to be honest with you. I know -- I mean I have my thoughts and opinions about it. That can be shared now or offline or -- flavor from Cameron. Arial- Mr. Mayor, if -- if there -- if there is a will of the body that would be very helpful, because we do want to make that update to the RFP tomorrow as a group and, then, submit it to the clerk, so you guys can all review that RFP next week if we can make it happen. That would be our goal to get it back to you. Simison: Would it be possible to amend this onto the agenda after our next element or is our police chief able to stay through the next meeting? I just -- I just want to be respectful, Page 21 Meridian City Council Work Session Item#1. April 13,2021 Page 19 of 22 because I think they will be, honestly, a more timely need, the other conversation, rather than this exact moment. He can stay. So, if you want to keep going, keep going. Bernt: Well, I think that time is of the essence and I just want to make sure -- Mr. Mayor, sorry. Simison: Councilman Bernt. Bernt: I just think that time is of the essence to make this decision and so I think that -- I think it's important, unfortunately, and I understand the chief and -- and his time. I fully respect what he -- you know, why he's here and -- and I apologize to the chief, but I think it's important that we have discussion -- as far as the community center is involved. My thought processes is when I think -- when I think of downtown Meridian I think of entertainment and I think of livelihood, catalysts that brings people downtown. To make a long story short, I just don't know if that -- to make that happen I just personally don't know if that includes a community center. I believe that, you know, there are other options downtown that we could, you know, develop and build a community center on our own property and we have some other options that we can discuss at a later date. I think it's been noted that community center in a previous RFP really didn't make much sense and it would be my opinion to take -- I think you either need to leave it in or you need to leave it out and if those are my two -- if those are the two options, then, I -- my thought process would be to -- to -- to create an RFP that's going to really make a difference in downtown Meridian and I think that we can -- in doing that we take the community center out and try to find a way to make a community center a different catalyst than in the RFP. But that would be my two cents. Simison: And for my -- Strader: Mr. Mayor? Simison: -- for my two cents I will play the other side of this coin is that to me the in or out is that would mean you are welcome to submit it if you want to. Not a requirement. As an option. Or leave it out. I don't think that anyone is talking about leaving it in as a requirement or a submittal, but I believe that giving options is better than having no options, because, quite frankly, if someone wants to come forward with a project where the community center is the shining star of it and there is -- they can make that happen with our financial investment in the property, I don't want to eliminate that as an opportunity. That's really what it would -- I look at the community center being a if you want to do it it's a potential opportunity as compared to not. Council Woman Strader or Councilman Cavener, either one of you. Strader: Mr. Mayor? Simison: Council Woman Strader, Page 22 Meridian City Council Work Session Item#1. April 13,2021 Page 20 of 22 Strader: Yeah. I am in agreement to leave the RFP open if someone wants to offer it and they can build it viably. I think that's a good idea. I guess I take the opposite side of the fact that I'm open minded about reviewing RFPs. I'm also open minded about the Gateway District, if our consultant and studies come back and it's a great opportunity, I'm open that. I guess I'm looking at it like if we are giving up our existing community center and we are giving up a park, we better get something really special back. I am holding a pretty high bar for what I would need to see in an RFP to make this worthwhile. So, that -- that's my two cents. Simison: And I think we -- hopefully we all agree with that last statement. Very much so. Bernt: Agreed. Simison: Councilman Cavener. Cavener: No, I think -- I think Council Member Strader hit the nail on the head. Nothing to say further. If they want to include it, great, but if it's not it better be a really -- a true catalyst project that -- that could be achieved. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I think you stated well. Let's see what the options are, see what comes before us and, then, we can make that decision. So, leave it open and see what happens. Simison: Council Woman Perreault? Perreault: I mostly agree with you, but I want to state it a little bit different way and that is I would prefer not to have the requirement for a community center in the RFP. So, that means that we are leaving it open, then, that means we are leaving it open, but I don't want it to specifically be required in the RFP. Simison: Council Woman Perreault, I think that's what we were saying. There is no requirement that they submit one. It's up to them whether or not they want to include it or not. Okay. All right. We have our direction from that standpoint. EXECUTIVE SESSION 8. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: So, Council, do I have a motion? Bernt: Mr. Mayor? Page 23 Meridian City Council Work Session Item#1. April 13,2021 Page 21 of 22 Simison: Councilman Bernt. Cavener: I move -- I move that we go into Executive Session per Idaho Code 74-206(1)(f). Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries and we are in Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:43 p.m. to 6:00 p.m.) Simison: So, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Second the motion. Simison: I have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay. The ayes have it. We are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. Page 24 Meridian City Council Work Session Item#1. April 13,2021 Page 22—22 MEETING ADJOURNED AT 6:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 27 /2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 25 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Teakwood Subdivision (FP-2021-0009) by JBI Elemental, LLC, Located at 1835 E.Victory Rd. Page 3 Item#1. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: April 13, 2021 Topic: Final Plat for Teakwood Subdivision (FP-2021-0009) by JBI Elemental, LLC, Located at 1835 E. Victory Rd. Request: Final Plat consisting of 22 building lots and 4 common lots on 7.35 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 4 Item#1. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 4/13/2021 Legend ®0 HEE TO: Mayor&City Council 1Project Location — - FROM: Joseph Dodson,Associate Planner 208-884-5533 `. b SUBJECT: FP-2021-0009 Teakwood Place Final Plat ®rrPROPERTY LOCATION: The site is located at 1835 E. Victory `"' ®nwm Road,approximately'/4 mile east of S. Locust Grove Road,in the NW 1/4 of the ��� - NW 1/4 of Section 29,Township 3N., Range 1E. I. PROJECT DESCRIPTION A Final Plat consisting of 22 building lots and 4 common lots on 7.35 acres of land in the R-8 zoning district.Entire Teakwood Place Subdivision is proposed in this final plat; there should not be any future final plats for this subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7.35 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use County Residential Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-8 Lots(#and type;bldg/common) 22 SFR,4 Common Density(gross&net) 2.99 Gross,4.22 Net Open Space(acres,total[%]/ 0.87 acres qualified open space(approximately 11.82%)— buffer/qualified) open grassy areas and required buffer. Amenities Pondless water feature and micro-paths. Physical Features(waterways, N/A hazards,flood plain,hillside) History(previous approvals) H-2020-0006(AZ&PP);DA Inst.#2021-002167 Page 1 Page 5 1 1 1 bra i �■a � - . - • fir:::"` uinin ♦ a�� - . - • 'w�, 11.ME ONE - 'ynui IIIIIIi■ .�f� ■■nnn■■i� b i� -- �# ■�■f ■■■ ■■■ - VIC'-7RY - ME.- 1 k Iinunl�=__= =■0 / t� IIIIOIII C III O - IIII■■5I■.1■1■I ■In :. _. . ■�.■.■■■ _ ■Inns'-mnn■unnm w- J� • Ilunr+. nubs ■■ O♦":■noon■■ ■n■■■►� - ���-:-w�I::■ ■ .. - - ■punnun annlr, p��C ■1 O �m■�: � a - ♦ '��::...n ■■- -o i •' Ana � 111 � � -. 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III r7 :�ii i�-n �... •' Ana � • IIII ♦ '�■�••�-F� ■■■■■n n .. ryAna� • 111 Gum mnunmad n■ i nnunou "Gum■nnu■■m _ .cs /i nnunnn I m nnnnnuun � ■��� �I I m mnnnmml 1/�■ �� __e== ya ■ITinnn r _ sr IITi■um r Innnnnu _a� innnnnu 11 id ♦�'y4 mm lmn i ♦ ,9♦ "- �'p:::iiii nun unn ♦y 9♦�i♦ � _ nnn imn ® .♦I,, = 4 �i_ nun imn O ♦ij♦I�,, - G �� mm imn ■ - 1 i �. 1 i � 1 • � 1 1. � i 1 Item#1. IV. STAFF ANALYSIS The proposed final plat consists of 22 building lots and four(4) common lots in the R-8 zoning district. The minimum lot size proposed is 4,940 square feet with an average lot size of approximately 10,318 square feet. With the preliminary plat application, the Applicant was required to work with Staff on how the required sidewalk along Victory Road is to be constructed. Following Council approval of the preliminary plat, ACHD has required the Applicant enter into a road trust for the sidewalk improvements along Victory as the sidewalk will be constructed with the Locust Grove and Victory roundabout improvements. The proposed final plat matches the approved preliminary plat in lot count, site design, and open space. Therefore, Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page 7 VI. EXHIBITS A. Approved Preliminary Plat M sx H, N 104 2P AN N.@ 12 ----------- ---------- 2 A4T �x IN 'T 2 tz F CA q YRr r Mai A. H 21r 3�� IW 1 N PIF P1,1 1;P jig ncwsco EAVITT&ASSOCIATES I TEAKWOOD PLACE SUBDIVISION ^°"0L ENGINEERS INC- TEAKWOOD PLACE SUBDIVISION ireso STRUCTURAL'CIVIL HPZCCMM CORP SURVEYING 111M M.—P I.— REVISIONS PRONE(ZO31 T8940B9 AIL Page 4 Item#1. B. Final Plat (dated: April 5, 2021) vwi¢ e � �i 9 a a Fon o w �J z c�� z� -o o p ® • •4 I I i i I .Q � yB � ���I� z s 0� FAN ��•��. � � I I, I � � � w€iZ€ QO to Q nl �m a< $$ € n � d aw Z4j Py<=€asszm � x osanosk - mr � smmg � nh O Wd ax _ g � g�<= € a `" ��¢a �� ��§_ " $ sag W ' , � a � Oz �~ G�a�aF�gF ��,�� a€ �a � H s � o� a as s m m an d n €4 �wm a m m ry ry A a _ m �r-- .ss< as- 9s s Rs M HE 0 I 2. 9sa som m s 6a g x x � W, 0a a as mz� s as €MW i$ -M RR s5 III �{l 6 /'� I'NPI.ATTED 501 2B/t"3E� �mm, li -- 95'_- 4 '�—�-gi b-�•-�—v�-c-� ---�lp 54'36'20'E ,pn—; --�08'11'2TE P]. bin "i m L Q �� i tap' 330fff m 8__ _�^�-- Eo1,•zYE�� W !--.- v 5p11'21'2 -TE--� so1,'sYf m .h Fl i 3 i • poi 1922p— $i.._ of m--)3.04'--� M 235# Q ''ia p w 2�,.p'-- v�/� • -"2rE 7n2m a4r lanais s e 3 aT 0 ry a Ong$ O = 0 n 12�,4• mry - O -g ry i�l� ' e �i�5p• a i 3Gpp �' 147.04' l n --i0p'.._J fi4_p�p' ry0'11'28 W 5326/ 83.___�.._______- moll'26w2 6--- q�0 s v (2.1. Page 5 Page 9 C. Landscape Plan(dated: November 16, 2020) tv 09 M M z L-4 b N io ITI W, r so 0 > ffw� z I. go, 4 jj, ZNM 0 Pd V :4 z T Ir .0 M 0 M F MIN LEAVITT&ASSOCIATES TEAKWOOD PLACE SUBDIVISIONW,`OhENGINEERS,INC- TEAKWOOD PLACE SW DEVELOPMENT EXHIBIT STRUCTURAL OWL HFZ7CZ CORP- 57XN LINGER NOAN -T MFRIDIAN,�DR- . .1 REVISIONS P.- I- Page 6 Item#1. � CHLINESHEET i', — az a ------------ -- --ri,� CNESHEETL12 ¢Lu IF F AI 9} �ER FEATURE W/BOULDER FOUNTAIN � MAGLIN' am MLB 1200 SeRr� pZ ou $O LLI 4 n 0 I n v c .12 � • n BENCH LANDSCAPE PLAN o vn �R15. 6 ' _ y a LEGEND- SOUTH '1^,�{�BECK8c 0 yew crEc-o.sv.�.*vca Taiv� a �NIM BAIBO �Hcwa rye i e1-viva 9Eri�mncr�rac rem oFr�i�ar_zs, - BEE SHEET L3.0 FOR OVERALL BITE PLAN, _ SHEETS L1.1&L1.2 FOR LANDSCAPE PLANS AND SHEET 1.2.0 FOR LANDSCAPE NOTES&DETAILS Page 7 Page 11 06 q PLANT SCHEDULE Or. t —Z Lu 150 SHRUB PLANTING DETAIL RDILLIDER PLACEMENT DETAIL z IT— LANDSCAPIE NOTES w 02 T HW w 0�-av7n.n zz an--,=m DIEUDIJOUS TREE PLANTING DETAIL Fsv^. CONIFEROUS TREE PLANTING DETAL � � TT- g=—SOUTH mill BFCK BAIRD E mP�, a s 1 .1 LNQ _ Lz-o VA^ FE— Page 8 Item#1. VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant is to meet all terms of the approved preliminary plat(H-2020-0006) and Development Agreement(DA Inst. #2021-002167)for this development. 2. The applicant has until December 1,2022 to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature on the final plat by the City Engineer,the final plat prepared by Idaho Survey Group, LLC (Exhibit B), dated January 23, 2021, shall be revised as follows: a. Add a note stating: "This development is subject to the City of Meridian Development Agreement, Inst#2021-002167." b. Add a note that Lot 3,Block 2 contains a pedestrian access easement along its northeast property line and include the recorded instrument number. c. Revise the street names on the plat per the Ada County Street Name Review response letter. d. Add a note stating: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. e. Add a note stating: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. f. Revise Note#2 to name the appropriate irrigation district instead of"The City of Meridian." 5. Prior to signature on the final plat by the City Engineer,the landscape plan prepared by Leavitt& Associates Engineers,Inc. (Exhibit C), dated November 16,2020, is approved as submitted. 6. Any structures that remain on the property(Lot 3,Block 2)must comply with the dimensional standards of the R-8 zone or they must be removed. 7. Existing residence shall obtain a new address since their access will be from E. Fathom Street. Provide Planning Staff proof of new address with Final Plat Signature submittal. 8. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-11C; stormwater detention facilities shall be designed to drain within a 12-hour period. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster for more information. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of any building permit for the single-family homes,the final plat shall be recorded. 12. All cul-de-sacs shall be signed with the appropriate signage as determined by the Deputy Fire Marshall and Fire Code D 103.6. 13. All homes constructed in this subdivision shall be constructed with slab-on-grade foundations instead of with crawl spaces. 14. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these Page 9 Page 13 Item#1. recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 15. Locate sanitary sewer manhole SSMH-B1 at the property boundary so sewer ends at a manhole. 16. Provide sewer mainline slope of 0.40%between sanitary sewer manhole SSMH-A3 and SSMH- B 1 due to low topography on adjacent property. 17. Please address the below street lighting comments and resubmit your drawing for approval by Public Works. a. Three street lights are needed: one at the corner of E. Fathom Street and S. Hessing Avenue,one at the corner of E. Hessing Court and S Hessing Avenue, and one on the E Victory Rd. frontage. b. Show all junction boxes and conduit runs. c. Show public utility easements. d. Show names of adjacent subdivisions. e. Provide a symbols legend that matches the design standards,page 36. f. Street numbers will need be assigned by Development Analyst. Please show those numbers on your street light drawings. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. 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 10 Page 14 Item#1. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Page 11 Page 15 Item#1. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). 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 development plan approval. 24. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided 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. Page 12 Page 16 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. Page 17 Item#2. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 23, 2021 ORDER APPROVAL DATE: APRIL 6, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF TWO (2) ) CASE NO. FP-2021-0006 BUILDING LOTS AND ONE (1) ) COMMON LOTS ON 27.48 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-40 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR PINE 43 NO. 4 ) BY: KIMLEY HORN ) APPLICANT ) This matter coming before the City Council on March 23, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PINE 43 SUBDIVISION NO. 4, LOCATED IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 2/11/21,by NATHAN B. WEBER, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PINE 43 NO. 4—FP-2021-0006 Page 1 of 3 Page 18 Item#2. SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 23, 2021, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PINE 43 NO. 4—FP-2021-0006 Page 2 of 3 Page 19 Item#2. interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 13th day of April , 2021. By: Robert E. Simison 4-13-2021 Mayor, City of Meridian Attest: Chris Johnson By Adrienne Weatherly,Deputy Clerk City Clerk 4-13-2021 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-13-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PINE 43 NO. 4—FP-2021-0006 Page 3 of 3 Page 20 Item#2. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 3/23/2021 Legend tQ T DATE: Project Lccfl-fior =$ M C- TO: Mayor&City Council RU L L-O FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0006 F Pine 43 No. 4 LOCATION: 2255 E. Fairview Ave., at the northeast Q 4 } corner of N. Webb Way and E. State T Ave., in the NW 1/4 of Section 8, Township 3N.,Range 1E. I. PROJECT DESCRIPTION Final plat consisting of two(2)buildable lots and one(1) common lot on 27.48 acres of land in the R- 40 zoning district for the fourth phase of Pine 43 Subdivision. II. APPLICANT INFORMATION A. Applicant: Brandon McDougald,Kimley Horn 950 Bannock St., Ste. 1100, Boise, ID 83702 B. Owner: Pine Development Partners,LLC—231 Washington Ave., Ste. C,New Mexico, 87501 C. Representative: Patrick Boel,Roundhouse— 1109 W. Main St., Ste. 390, Boise, ID 83702 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0058)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-613-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Pagel Page 21 Item#2. The number of buildable lots in this phase has decreased significantly from 86 to two(2); the amount of common open space appears to be the same;therefore,the proposed final plat is deemed to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 8/28/2017) 'RELIMINARY PLAT FOR eour+wRr rs3RHo ..�+ PINE 43 SUBDIVISION _...— '�' er'�� � _.,;....:r •k.._ ' � SITUATED IN THE WEST HALF OF SECTION A, ---.—.— - TO MER WWGE1EAST,8045E MEFI MERIDIAN,IDAHO ,¢, ��.m,„,„ v � y g 2017 .. .-wwo-.a� $ i �.j . q EE-f 10 �m K_ Fr —41 ----W--ffi ... 'ep — — HOiE3: it .•� ��° .^� _ e. man uiumYsvu wiuc an eo,ce Wnm m„�w,s...a�v,,+��°�Aa..r os�,�r-��r ,3 � — �i9, - i I - K „�u.-,fie� rn�.ounvn wa'ur�aceame im vc is S '.� _ W'('"... ;ate .e no.d� ..,,r.o.�����.m rar.,w.xea.vs•...x�.xm.ee 2 ... --51--I'E1=.�4_•I_..�� �_ �'� fl.�:Ir•e-;—. §M p i Ia�.�nae'5�•.sa.�mR`,,'w�rr°r$,'e�"°rw'o6w m�uuc�onrtrc.�,awreswn o.rm so.�•wc,unw.ms.w rrtw s nvvaxixoc",rnv sE•�in.n°°:'cn°xe+bm�w nm'u n�xIMSuI Msww invmr mr'Prc:�V•sp x m - - a$'��' , ror:u rwrrouee ma�wav _SH�EEp II`. SHEEFI mKwm mew VA wxn..w.rx u-b7 a mee �•"� &�Suti•.'.]9.[,s'I _ _— ^� ire`a v +w¢41� oEI L.OPEpiVN}�lle 1A74,$ [Yl� G�VIL EW-AWER �xprcn Page 22 Item#2. B. Final Plat(dated: 2/11/21) - r•I 15 ' II I I I a s a n s • � � � �� � rLw�•i mu I - II ' I I II II . II I I ¢ �r �r I Y•10.7 tv�r i Y z Icy ¢$ 4 L c p dL 3 � 2 }' f ,F�r�r. �.,ar.r• r m ff�� �m i � n„ iiM p6 x z y z I I E }} II T I I I I I I I r.a�,•�.�i.e*,a ir.•I t Ci I dt 2 n I �lu^' r{+f� n��A x �`. I Igr J r [ 5`L L.,, rf r P P , fJ Page 3 Page 23 Item#2. C. Landscape Plan(dated: 6/15/2018) TELLER PERICN ATI . z -------------- 77—FR ti_ a .s OSHEETKEYEONOTES I � I _ - --- ---- -— - T - ---- ,.. IWu j - - y _:_:_ - o gi It HL..... - - --------- -+vuw€ """ J-7 'L ac � __ J LP1_2 PLNR SCl1EIXILE +Y_du. '�� �� os_iri_s rELLEN PERICN bg L __ L L5 -L-�JJ o ,SHEETKEYEENOTES ' ffiffi per„ L �I - ?-- .TF:R H41kHl rho 4�444+4-- TNE. L��aTbNs ---=---- --- --- r k K � LZIL 1�� LL1J I_LL_ 1 a .._T!�T f TT_f_ 1 i TTi f i 77-71 0 H .4ESE KEYPLAN � ®' r L LP101 Page 24 Item#2. SCHEDULE PERICN SARATINJ GENERALSHEETNOTES � lJ i k`I o=�E�K�ENNo !ice �' �..E. �, I�I I•.I _ _ } 1 cun— LU LLO eR rs,,. IEcrTIo � 4 LU a tea:.. _-- I � � ® —-- � °°o.•"'• m aeaae.'x�sr_aw•�a. ease- - o -< 1 i= mi r. n -•fl-+P �r+{IIFFiI 9-Hl -. --FIT LP103 —SCHEDULE rEERE0. PERICN NANATINI � Q y OsxEsr xEVEn xo I I ee m- r LL zo �.�_. O Y .. -� —ON—IN ......... J, ... { Z 7-. ft 7 it-�Lek.oa — � LPI lkH I �@ —LP104 Page 5 Page 25 Item#2. FGHKER PERICH SARAIINI ® -'_•- s D w.tl,.__ �e.._ O ...�..s _..,. �:1 _..., _ea- TAP r`E 4V - ?O SHEET KEYED NO- - qJ_ _ LL r r. � - - - - - ---'- - - - - - - -'- _.ice-7..-•�.,z� � a w t-rt- o ❑ Li KEYPLPN e_ u, + I ®.;a1, - - 9" -LP105 —4—CHEDGLE rrr -.- NENNEN PERICN 0---L-E w g Q c� JW ...� -.......�......r.. ❑ - a -^STEFl EDGING TREE STAYING 6' TREE IN TGRF '-.iFtEE IN P11 IVG BED SHRVD IN DED -LP501 Page 26 Item#2. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-07-006),Development Agreement (Inst. #108022893, amended Inst. #2018-000751 (superseded original agreement),rezone and preliminary plat(H-2017-0058) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Diamond Land Surveying, LLC., stamped by Nathan B.Weber, dated: 2/11/2021, included in Section V.B shall be revised as follows: Notes: a. Note#7: Include the recorded instrument number of the Development Agreement(#2018- Q00751). b. Note#8: Include the recorded instrument number of the ACHD License Agreement. Plat: c. Include a lot number for the common lot(i.e. street buffer)along with a note stating the common area will be maintained by the homeowners' association in accord with UDC 11-3B- 7C.2a. d. The internal common open space and site amenities for the development shall be located on a common lot or an area with a common maintenance agreement as set forth in UDC 11-3G- 3D.1. e. Depict a 10-foot(instead of 8-foot)multi-use pathway along the north side of the Jackson Drain as required by the Park's Dept. in accord with the Pathways Master Plan per H-2017- 0058 (condition#1.1.2e). f. Depict 8-foot wide parkways along N. Webb Way and E. State Ave. consistent with that shown on the landscape plan. g. Depict NMID's easement for the Jackson Drain. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Dekker Perich Sabatini,dated 6/15/2018, included in Section V.C, shall be revised as follows: a. Only depict landscaping within the 20-foot wide street buffers on the plan consistent with the standards listed in UDC 11-3B-7C; internal landscaping is not required with the subdivision and will be reviewed with the Certificate of Zoning Compliance application for the multi- family development and should be removed or"ghosted"out on the final plat landscape plan. Note:Review of common open space will be reviewed with the Certificate of Zoning Compliance for the multi family developmentfor consistency with the standards listed in UDC 11-3G-3 and 11-4-3-27. Page 7 Page 27 Item#2. 6. The Jackson Drain shall remain open as a natural amenity and not be piped or otherwise covered; and shall be improved and protected with development as set forth in the Development Agreement(Inst. 2018-000751). 7. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. A public pedestrian easement is required to be submitted to the Planning Division for the multi- use pathway on this site along N. Webb Way and the Jackson Drain. The easement shall be submitted prior to City Engineer signature on the final plat for this phase. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for approval prior to submittal of building permits applications for all structures on the site. 11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Streetlight plan not required. Streetlights have been installed at this location. 2. There is an existing 10" water stub at the southwest corner of the development off of State that needs to be abandoned. Per GIS, the utilities have already been built so there are no additional comments on the proposed water infrastructure. 3. There is an unused sewer stub in the southwest corner of the development off of State Street that needs to be abandoned per Meridian Public Works Standards. 4. Please verify that the sanitary sewer and water mainline easements outside of public right-of-way's meets the minimum width requirements per General Condition#23 below. General Conditions: 5. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 6. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 8. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 9. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, Page 28 Item#2. landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 10. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. 11. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by 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. 12. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 14. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-4B. 18. 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. 19. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 20. 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 ACHD. 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. 21. 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. 22. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan Page 9 Page 29 Item#2. set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 23. 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 signature of the final plat by the City Engineer. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. 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 Water Department at(208)888- 5242 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. 26. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 27. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). 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 development plan approval. 28. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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. Page 30 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and H.O.T. 1, LLLP (Owner/Developer) for Scentsy Campus MDA-H-2021-0002, Located at 2499 E. Pine Ave. Page 31 ADA COUNTY RECORDER Phil McGrane 2021-059867 BOISE IDAHO Pgs=17 CHE FOWLER 04/14/2021 01:12 PM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. H.O.T. 1, LLLP, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 13th day of April , 2021, ("ADDENDUM"), by and between City of Meridian,a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and H.O.T. 1, LLLP, ("OWNER/DEVELOPER") whose address is 2701 E. Pine Avenue, Meridian, ID 83642. CITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the Development Agreement recorded February 28, 2008 in Ada County Records as Instrument No. 108022893 (Pinebridge DA) to remove the property known as LOT 07 BLK 01 SCENTSY COMMONS SUBDIVISION to have said property be bound by the terms of the Development Agreement recorded June 20,2011 in Ada County Records as Instrument No. 111052691 (Scentsy MDA). The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A". B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreements,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement known as Scentsy Campus, Instrument # 111052691. The Property known as LOT 07 BLK 01 SCENTSY COMMONS SUBDIVISION shall also be bound by said Development Agreement, except as specifically amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code§ I 1-213-2 and per this agreement,warehouses are allowed as a principally permitted use within the C-G zone. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CAMPUS-MDA Page 1 of 5 Item#3. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the conceptual site plan and elevation submitted with the subject application and the concepts outlined below. 2. The following concepts shall be employed in the development of the property: a. General massing of buildings, roundabouts and landscape islands in streets shall be constructed as generally shown on the conceptual site plan. b. Pedestrian connections shall be constructed between buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks; c. Common areas with site amenities (i.e., plazas/courtyards, water features, picnic areas, flower gardens, public art, etc.) are encouraged to be included within the development. d. Exterior building walls should demonstrate the appearance of high-quality materials of stone,brick,wood,or other native materials(acceptable materials include tinted or textured masonry block, textured or painted architectural concrete panels, or stucco or stucco like synthetic materials. Smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are acceptable with the addition of paint and/or high-quality accent materials. e. The building design shall incorporate at least 2 changes in one or a combination of the following: color,texture and materials; f. Rooflines shall demonstrate 2 or more of the following: overhanging eaves, sloped roofs,two or more roof planes,varying parapet heights,and cornices; g. The primary building entrances shall be clearly defined by the architectural design of the building. h. Buildings will be constructed in the order they are generally listed on the conceptual site plan(A,B, C, etc.) 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CA mrus-MDA Page 2 of 5 Page 33 Item#3. request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, 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 Addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTsv CAMPUS-MDA Page 3 of 5 Page 34 Item#3. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: H.O.T. 1,LLLP By: CITY OF MERIDIAN Attest: Mayor Robert E. Simison 4-13-2021 Chris Johnson, City Clerk 4-13-2021 By Adrienne Weatherly,Deputy Clerk ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CAMPUS-MDA Page 4 of 5 Page 35 Item#3. STATE OF IDAHO ) )ss. County of Ada ) On this,2019 day of r O K A ,2021,before me,the undersigned,a Notary Public in and for said State, personally a peared-4, Or y i I le -Thom P known or identified to me to be the r of H.O.T. 1,LLLP,the person who executed the instrument on behalf of said Idaho partnership. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. k JAYME DANZ NOTARY PUBLIC-STATE Of IDAHO N tary ublic for Idaho COMMISSION NUMBER 58229 MY COMMISSION EXPIRES 7-26.2023 R siding atj-UngDa . d My commission expires: cq(i kAtt4 ,9w3 STATE OF IDAHO ) ss County of Ada ) On this 13th day of April , 2021, before me, a Notary Public,personally appeared Robert E. Simison and adrienne Weatherf"own or identified to me to be the Mayor and Deputy Cielespectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0002—SCENTSY CAMPUS-MDA Page 5 of 5 Page 36 item#3. EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAl`T�' AND DECISION&ORDER In the Matter of the Request for Modification to Existing Development Agreement (Inst. #111052691) to include subject parcel into the Scentsy Campus Development Agreement, expand the allowed uses of the development agreement to include light industrial uses, and update approved concept site plan and elevations, by Sam Johnson, Hotl LLP. Case No(s). H-2021-0002 For the City Council Hearing Date of: February 23,2021 (Findings on March 9,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 23,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 23,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 23, 2021,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 23,2021 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 37 Item#3. 7. That this approval is subject to the terms all in the attached Staff Report for the hearing date of February 23,2021, incorporated by reference. The terms are concluded to be reasonable and the applicant shall meet such requirements. 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 include the subject parcel into existing Development Agreement(Inst. #111052691), expand the allowed uses of the development agreement to include warehouse uses, and update approved concept site plan and elevations is hereby approved per the provisions in the Staff Report for the hearing date of February 23, 2021, 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 February 23,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 38 Item#11. By action of the City Council at its regular meeting held on the 9th day of March 2021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-9-2021 Attest: Chris Johnson 3-9-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SCENTSY CAMPUS-MDA—H-2021-0002 Page 194 EXH I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT 3 H HEARING 2/23/2021 legend DATE: lei Project Lcnaffo s TO: Mayor&City Council _ FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: MDA H-2021-0002 5 Scentsy Campus-MDA Z LOCATION: The site is located at 2499 E. Pine Ave,at the southwest corner of E.Pine Ave. and N. Hickory Ave., in the SE 1/4 of Section ; Er 8, Township 3N,Range IE. _ 5 I. PROJECT DESCRIPTION ^' Modification to existing Development Agreement(Inst. #111052691)to include subject parcel into the Scentsy Campus Development Agreement, expand the allowed uses of the development agreement to include light industrial uses, and update approved concept site plan and elevations. II. SUMMARY OF REPORT A. Applicant/Representative: Sam Johnson—2701 E. Pine Ave,Meridian, ID 83642 B. Owner: Sam Johnson,Hotl LLP, 2701 E.Pine Ave,Meridian,ID 83642 III. STAFF ANALYSIS History In 2007, 94.69 acres of land was annexed into the City, combined with an additional 75.67 acres of land and rezoned to General Retail and Service Commercial (C-G). All 170.36 acres was then platted into 61 lots as the Pinebridge Subdivision(AZ 07-006,RZ 07-010,PP 07-008).This included the 11.74- acre subject property. A development agreement (Pinebridge DA Instr.108022893) was recorded as part of the annexation. In 2010, a development agreement modification was approved for 35 +/- acres of the Pinebridge Subdivision (Scentsy Campus MDA 10-010, Instr.111052691). This was requested on behalf of Scentsy to develop a distribution center and corporate campus. The DA included modifications to the allowed uses, a conceptual site plan and elevations. The distribution center and office tower have been subsequently built out in 2010 and 2011 (CZC 10-078 and CZC 11-051). Page 1 Page 40 EXH I BIT A In 2012, the applicant purchased the 11.75-acre subject property and included it into a new plat of 7 commercial lots specifically for Scensty,the Scentsy Commons Plat.Because the subject property was purchased and replatted into this subdivision after the Scentsy Campus development agreement modification, it is still part of the Pinebridge Development Agreement. In November of 2020,the applicant requested a pre-application meeting to discuss the construction of an approximately 211,000 sq. ft. warehouse building on the subject property. Because the property is zoned C-G under the Pinebridge DA, warehouse uses are not allowed as a principally-permitted use. Staff recommended the applicant modify the existing Scentsy Campus DA to include the subject property and expand the allowed uses to include light industrial uses in this location. The DA modification also proposes a new concept plan which includes the two existing buildings that were constructed in 2011 and 2012 as well as reflects the location of two future buildings. Elevations illustrating conceptual building architecture have also been submitted to replace existing elevations. Staff Analysis of Proposal to Modify Development Agreement a. Use All of the properties within the Scentsy Campus Development Agreement are zoned General Retail and Service Commercial District(C-G). The applicant proposes to add"light industrial use"as a principally permitted use to the development agreement. The purpose of this modification is to allow warehouse uses as a principally-permitted use for the onsite storage of raw materials and finished goods, whereas it is only allowed as an accessory use in C-G. The warehouse and office use intended in the new building would be integral to and complementary of the distribution center and office towers that have already been constructed,as well as the warehouse uses to the south on the other side of E.Commercial Street. As the property is a manufacturing and distribution center, within an intensely commercial area surrounded by I-L uses on three sides,and more than 500 feet from the nearest residential zoning (R-40), staff finds this is an appropriate use. However, staff believes additional clarification is necessary as the proposed DA amendment allows "light industrial." Light industrial"is not just specifically warehouse uses.Allowing everything permitted in light industrial would allow additional uses such as public utilities, indoor and outside storage facilities, freight and truck terminals,vehicle impound and repair, and indoor shooting ranges. Staff recommends revising 4.1 (uses allowed) to read "warehouse uses" rather than light industrial. b. Concept Plan The existing DA references a concept plan that was submitted in 2010. The Scentsy Campus as it has subsequently built out substantially conforms to the site plan,except the subject parcel being included into this present DA modification was not included, and what was shown as a future pad site at the northeast corner of the properties has been developed as open space. The applicant has already submitted a certificate of zoning compliance (CZC) for the future warehouse pending approval of this DA modification,and the existing development,proposed CZC and updated site plan are consistent. Staff supports this amendment. c. Elevations The existing DA references black and white elevations that were submitted in 2010. The existing distribution center and office tower substantially conform to the elevations. The updated color elevations as submitted reflect the architecture of the existing development and the proposed warehouse, although staff did make some minor comments during preliminary review of the CZC regarding rooflines, additional architectural features and modulation. Staff Page 2 Page 41 'temp. EXH I BIT A believes the revised elevations as submitted would reflect the general architectural character of the existing Scentsy Campus. IV. DECISION A. Staff: Staff recommends the City Council approve the following amendment to Development Agreement#111052691 with the revision recommended by staff as shown on Exhibit A dated 1/11/21. B. The Meridian City Council heard these items on February 23, 2021.At the public hearing.the Council moved to approve the subject development agreement modification request. 1. Summary of the City Council public hearin_e_: a. In favor: Sam Johnson b. In opposition:None C. Commenting:None d. Written testimony:None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony_ : a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 3 Page 42 EXH I BIT A V. EXHIBITS A. Proposed Revisions to Development Agreement(date 1/11/21:) DEVEL0F3 fE.NI AGREENEE--%T PARTIES: 1. Ciry cif Meridian H.G.T. 1,LLCLjLP, CNvaevDeveloper THIS DEVaOPM 'T AGREEL= (this Agreement), i-s made and entered into this day of 42Q21_ bar and between Cih,ofNfer-idian; a municipal corporation of the State of Idaho, hereafter -called CITE_ and H_O.T. 1. LL �P. whose address h 499 i 6109r ,?01 E. Pine Ave, Meridian, ID 836426, hereinafter called OWNTMDF TELGPER. 1. RECIFI_US- 1.1 WHERE.-iS, Owner is the sole owner, in law and or equity- of certain tract of land in the Gum of Ada. Sate of Idaho. described in Exhibit ``A'_which is attached hereto and by this reference incorporated herein as if set forth in full, herein affer referred to as the Property: -and 1.2 WHERE_-iS. I.C. § 6-0-6511 A.Idaho,Code.provides that cities may.by ordinance. require or permit as a oondition of re-zoning that the Owner,, DeveLper make a written commitment concerning the use or development of the sul gect Property and 1. �YIIERE AS.Devek,er has submitted au application fora Modification of the De elopnient Agreement dated 2-2E-08_ instrumentT 108022893 (Piuehridae DA i and Modification of the Development A--reenaeut dated 6-0-11. iustriaent# 111052691 {HOT1 DA?. and 1.4 WHEREAS, mer-Developer made representations at the p bhc hearing before the MeridianCity C'ouneil. as to hor�'the sllk�lect Prcl:°ert will be developed and what improvements will be node, azd 5 ' EEC. C-Ety -Ead Gee e-eel&per- entefed inte tii9t ;i pews opie44 4,=-;_eenieK4 41R� L49 LIPPr@*ej i!R rai4 � WHEREAS. City-and.0-t� ►erfDevekper now desire to remove a portion of land referred to as E�-bit `K" from the okinal Development Agreement.. and add said lard to the HOT 1 Devel o ent A 'hich MMOPMENr AUF 7—SCEC+Tf.TY49MA44N� PALGE i OF 9 Page 4 Page 43 Item#3. ternu_s have be m approved by the Meridian City Ca moil in acc ord,-mce with Idaho Code. Section 67-6511. 1.7 WHEREAS, record of the proceedings for the requested development ayeement modification for the subject Property held the City Council., include responses of yovernment subdivisions grog services within the Cite of Meridian planniu uris�d.ictim and received fiirt�aer testimony and comnwnt; and 1.8 11-iMRE--kS_ City Council, the day of-Aa;k—* '�1�. has approved Findines of Fact and C-onclusions of Law and De%[ lion ,and Order_ set forth in Emit E. which are attached hereto -and by this reference incorporated herein as if set forth in fi>).l. hereimfler referred to as (the Findings)- and 1.9 WiNREAS,the Findings ofFact and Conclusions of Law and Decision and Order reguires the Owner.-Developer to enter into a developmen-t agreement to reflect the change of oamership in the subjeaproper -; and 1.10 OW-NERMIEV.EEO.PER deems it to be.in its hest interest to be able to enter into this oreement and acl;nowiedges that this Agreement was entered into voluntarily and at its urEMg:and requests, and 1.11 WHEREAS, Cite requires the ter.-Developer to enter into a development agreement for the propose of ena= that the Pa-Dperty is developed and the subsequent use of the Property, i,, in aecordance with the terns and conditions of this de-.-elopm7en.t ageement, herein being established in accordance'With the amended Comprehensive Plan of the City of Meridian adopted August 6_ 20U21.ResolutionNoi .02-382,and the Zoning and Development Ordmance� codified. in Mendiau Unified Development Code_Title 11. NOW,THEREFORE.in consideration of the covenants,and conditions Set forth berem' the parties agree as follows: ?. LAC ORFOR-kTION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFI TrIONN S: For all purposes:of this Ag eement the fbEoWM9 words,terms. and phrases herein conta ed in this section shall be defined and interpreted as herein prop ided for,unless the clear context of the presentation of the same regtuaes oth,ermrise: 3.1 C11E : mean_s mud refers to the C'it-V of Meridian_ a part, to this Agreement, which is a muncipal. Corporation and zo-i ean:ment subdivision of the state of Idaho_organized and existim by Uwe of iall, DEVELOP �-T AGREEMENT-SCECvTTS'i4-ADA4"44) PAGE 2 OF R rage Page 44 Item#3. of the Stag of Idaho; whose address is 33 East Broadway Aveme. Staff recommends Meridian- Idaho 23 3_ this be revised to read""warehouse 3.2 011NEWDEVELOEER: mream and refers to H.O.T. L LL.LP . uses are allowed as7I E. Piue , ,���._ 41e3idsa $3 ?_-422 a principally the parr. that is developmi g s.sid Property and shall include any permitted use subsequent developer(s) of the Property,. within the C-G zone." 3.3 PROPERTY: m,eam and refen to that certain parcel(s) of Property located in the Gmit ty of Ada. City of Meridian as described in Exhibit A describing the parcels to be zoned C-G(General Commercial District) attached hereto andb y this reference incorporated herein as if set forth at length_ E-SE S PERMITTED BY THIS _GREENIEN T: 4.1 The uses allowed purstiant to thas Agreement are only those!uses allowed under Citv's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-) and`. per Geis agreement_ light-industrial --ise i= allo-5ved as a princi-pally.•permitted use Within the E-fir zone. 4. ?ti o change in the uses specified in this Agreemaent shall be allowed without modification of this Azreement. 5. CONDITIONS GOVERINPiC. DEVEILOPIIIEN7 GE SUBJECT PROPERTY: 5.1. Ownse Developer shall develop the Property in accordance with the fol101ving special conditions, I. Dev.elopment of the property shall substantially-canopy with the conceptual site plan and elevation submitted ILurth the subject application and. the concepts outlined belDw. 3. The fallowing concepts shall be employed in the development of the propeM-: a. General massive of buildings, roundRbnuts and land:ciape islands in streets shall be �onstructed as generally shown on the conceptual site Plan FiEPREeA� T_'t. 1iw.. -1- - . b. Pedestrian connections shall be constructed between buildings in the form of pathwales disdagLushed from vehicular driving surfaces througt the use of pavers, colored or scored concrete, or bricks; c. Common areas-%ith site amenities(i.e.,p.ia.zas awtyards,water features_ picnic areas, flower gardens, public an, etc.) are encouraged to- be included within the development_ LS=MdEN I AGitF 'T-SC h�'�1 Ci PAGE;CIF P Page 6 Page 45 Item#3. F V H I I7 I T A d. Exterior building ivalls should demonsrate the appearance of high- quality materials of stone, brick, w&Dd, or other native materials (acceptable niateritals include tinted of teNtured masonry block_textured or painted architecttual concrete panels_or stucco or stucco hke s)mthetic materials- Smooth faced concrete block_ tilt irp concrete parrs- or prefabricated steelpanels afire acceptable with the addition of paint m&or hi&h-( lity accent materials. e_ The building design shall incorporate at least ? dungges in one or a combination of the following: color- texture and materials; fi R.uof7ines shall demonstrate ? or =e of the following= o TThan�ag eaves.sloped roofs,two or more roof planes;varyingpasapet heights.and cormces, g- The primary building mtrauces shai. be cleafly defined by- the architectural degp of the building. h- Buildings mbh be constructed in the order they are ge erallylisted on the conceptual site plan(A,B,C,etc_) i. xeifig—ii is a&&G@@FgOff ;A IW;; 4 Li;W;@444$$gia4z josipwwi4�la$ g 6_ C`0-I"LLkN CE PERIOD I CDIN-SENTY TO REZ4 NNE_This Aaeeniew and the commitments contained herein shall be terminated-and the zoning designation eversed,upm an uncured nuitmal default of the 0-%uer0eveloper or er,`Dneloper-s ikeirs_ successors, assigns, to comply with Section 5 entitled -'Conditions Governing Deve:lopnumt of Sutlect Property of this agreement witbm h o yem of the date this Agreement is effective, and after the City his complied wgth the notice and hearing pmceduures as outlined in Idabo Cade§ 67- .6509,or any subsequent amendments or recodifieations thereof. 7. DIF ULT(CON 5EN T TO DI=-LN-N-EX iTIO -A-N-D REVERSAL OF Z N-PiG RESIGNATION: 7.1 Acts of Default. Eitherpam-'s failure to faithfull eomplywith all of the tenses and condmons included in this Agreement shall constitute default under this Agreement. 7-2 Notice and Core Period. In the event of hmera°Develcper's default of this Agreement. mer.-Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and care the default-which action must be prosecuted with diligence and completed )mthin one hundred eighty (180) days; provided. hot.,ever_ that in the case of any sLxh default that cannot%%-tb diligence be cured within smh one hundred eighty�I SQ)dad'period,then the time allowed to cure such failure may be extended for such period.as DhE 4 ELOPNMgT AGREEMENT—SCEKTSY 4--0) PAGE.#OF P Page 7 Page 46 �i B. Proposed ' •. de'si a - C. z+i-mid Proposed Elevations i s Page•- item#3. E X H I BIT A All + P � i Page 9 Page 48 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Client Agreement Between City of Meridian and American Staffing, Inc. for Parks and Recreation Temporary Staffing Agency Services Page 49 Item#4. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 4/13/2021 Presenter: N/A Estimated Time: N/A Topic: Parks Temporary Staffing Agency Services Recommended Council Action: Approve new client agreement for temporary staffing services with American Staffing, Inc.to fill an interim position within the Parks and Recreation department. Background: The agreement has been reviewed by our legal department as well as our Procurement Manager. A revised copy (attached) has been issued to the provider for their review and approval. Roger Norberg, Park Maintenance Manager along with Parks and Recreation Director, Steve Siddoway have reviewed and agreed to the rates issued by the vendor. Page 50 Item#4. Job Title: Senior Maintenance Technician Department: Parks& Recreation Reports To: Assistant Parks Foreman or Crew Chief Job Summary: Responsible and accountable in all aspects of maintenance for parks and recreational facilities. Work involves driving city vehicles, hauling city trailers and equipment, and skillful operation of a variety of hand and power tools and power equipment. Senior Maintenance Technicians work under the supervision of the Parks Maintenance Foreman or designated Crew Chief who issues written or oral work orders and inspects work frequently.A Senior Maintenance Technician is proficient in one or more disciplines and will regularly supervise seasonal employees and work with volunteers or court appointed individuals. In any assignment, a Senior Maintenance Technician is expected to be a problem solver, lead by example and perform work safely and efficiently, many times under adverse weather conditions. Essential Duties& Responsibilities: • Use and maintain equipment; • Facilities trash collection, restroom cleaning and prep for picnic shelter reservation; • Responsible for maintenance of tools and machinery utilized in the course of work assignments; • Performs preventive maintenance on parks equipment; mowers,weed eaters, blowers; • Maintains and prepares fields for athletic events i.e., baseball, softball, soccer, etc.; • Perform preventive maintenance on parks equipment; • Spray and fertilize turf and trees; • Performs the full range of ground maintenance tasks; mows, rakes, edges, sweeps, plants, prunes, irrigates,fertilizes; • Repair and maintain pumps and filters; • Working knowledge of irrigation principles and equipment; • Maintains irrigation systems by repairing broken irrigation heads,valves, and lines; • Perform startups and winterizations for pumps, irrigation,features,fountains; • Snow removal with hand tools and power equipment/ plows, brooms and trucks; • Operates city trucks power tools and equipment; • Order supplies and maintain schedules; • Oversee court appointed personnel,volunteers and scouts; • Communicate with maintenance account managers; • Work with vendors and contractors for scheduled and unscheduled maintenance and projects; • Calculate and order:top soil, bark, playground mix and supplies; • Perform hardscape repairs pickup and return parts; • Calculate chemical/fertilizer rates. oversee application; • Supervise and train, and provide feedback on performance of seasonal and part time staff; • Must be available for on-call, holiday and weekend work; • Performs maintenance work involving plumbing, electrical, and carpentry; • Operates oxygen and acetylene/arc welding equipment to repair or fabricate equipment; • May repair, overhaul and reassemble gasoline powered engines; • Performs other tasks as assigned or needed. Job Specifications: • Minimum 3 Years' experience as a Maintenance Technician or combination of experience and training which demonstrate the knowledge, skills and abilities necessary to perform the work; • High school education or equivalent. 1 Page 51 Item#4. Knowledge, Skills,&Abilities: • Knowledge and ability to skillfully and safely operate and maintain hand tools and power equipment in conformance with applicable laws, and regulations; • Knowledge of proper methods of maintaining turf,trees, shrubs,flowers, recreational facilities, and/or buildings; • Knowledge of park maintenance procedures; • Ability to make independent judgments and decisions and work under minimum direct supervision; • Ability to work out of doors for extended periods under unfavorable weather conditions; • Ability to understand and execute oral and written instructions; • Ability to establish and maintain effective working relationships with respect to other employees, supervisors and the general public; • Ability to provide quality services in a cost-effective manner and to recommend improved methods of performing the work; • Ability to perform essential duties of the position; • Ability to work as a team player; • Ability to maintain integrity, in the performance of assigned tasks; • Communicates with others to maximize the effectiveness and efficiency of interdepartmental operations; • Must display an attitude of cooperation and the ability to work well with others. • Abilty to operate a pickup truck, backhoe,tractor,front-end loader,forklift,trencher, welders, snow blower, push and riding lawn mower, roto-tiller, aerator, fertilizer spreader, chainsaw, power hedge trimmer, weed eater, backpack blower, air compressor, drill press, shovels, rakes and brooms; • Ability to properly and effectively use miscellaneous power tools for carpentry, painting, plumbing, electrical, and concrete finishing work, telephone, calculator, and copy machine. Licensing&Certifications: • Possession of valid driver's license and safe driving record; • Current Idaho Professional Applicator License with Following Endorsements: Ability to obtain within six months from the date of hire; o LS: Laws and Safety; o OH: Ornamental Herbicide; • Plus One of the Following: o OI: Ornamental Insecticide; o CPSI Certified Playground Safety Inspector; o City of Meridian Irrigation Technician: Pass exam II plus field test. Work Environment& Physical Demands: • While performing the duties of this job,the employee regularly works near moving mechanical parts and in outside weather conditions.The noise level in the work environment is usually loud; • Occasionally works in high, precarious places and is frequently exposed to wet and/or humid conditions, fumes or airborne particles,toxic or caustic chemicals and vibration; • Constantly requires driving a motor vehicle or maintenance equipment; • Occasionally is exposed to risk of electrical shock; • Frequently requires lifting and moving up to 50 pounds and occasionally lifts and/or moves more than 100 pounds; • Required to know when to use proper PPE (Personal Protective Equipment): o When working in high precarious places; o When exposed to hot or wet and/or humid conditions; o When exposed to fumes or airborne particles,toxic or caustic chemicals and vibration; 2 Page 52 Item#4. O When exposed to risk of electrical shock; o When required to lift or move up to 50 pounds, or move more than 100 pounds. Travel Requirements: • Required to drive city motor vehicles to parks, places of business and other recreational facilities while hauling trailers and equipment, and be able to properly tie down loads and operate manual transmissions. 3 Page 53 Item#4. START SAVING TODAYMN AWelcome to a whole new generation of Staffing. UNDERSTANDING ' ' We are a privatley owned staffing service, which B rates are provides temporary,temp-to-hire, and payroll calculated • • • • only placements. Located in Idaho, Oregon, and rate by • desired pay rate. Nevada we place in clerical, mining, farming, construction, production, and many more... Example: a 50% bill rate at 8.00/hr would Temp to hire -Test our employee • • 1 .50 X 8.00 = 12-00 out before you hire directly So 1 1 would be •ur hourly bill rate Temporary- Use our employee anywhere from a 4hr minimum + Payroll Only-Try out an employee City of Meridian that you have found before you hire Payrolling Service -Take the headache out of your companies 38% staffing and payroll needs visit us @ asitemp . Page 54 Item#4. CLIENT AGREEMENT For and in consideration of the terms and conditions of this Agreement for Staffing Services ("Agreement"), and other good and valuable consideration, American Staffing, Inc. ("ASI") and the below designated Client hereby agrees as follows with respect to staffing services provided to Client by ASI. 1. Employees. The workers assigned to Client by ASI ("assigned workers") are ASI's employees. With respect to these assigned workers, ASI is responsible for (1) hiring, (2) paying wages and any other compensation, (3) payroll taxes, (4) providing workers' compensation insurance, (5) paying unemployment insurance taxes, and (6) all other employer responsibilities. 2. Time Cards. ASI will provide time cards to the assigned workers. At the end of the assignment or the end of the week, whichever occurs first, the assigned workers will present their time cards to Client. Client will verify the hours worked, correct any errors and sign the time card, and keep the yellow copy of the time card for its records. The assigned workers will then give the time cards to ASI. ASI's workweek runs from Monday through Sunday. Client will notify ASI of the persons authorized to sign the time cards on its behalf. 3. Employee Safety, Welfare and Drug/Alcohol Testing. The assigned workers are very important to ASI. Client agrees (1) not to jeopardize the safety and welfare of the assigned workers; (2) to look our for the assigned workers as if they were Client's employees; (3) to include the assigned workers in all safety programs and protocols that would be provided, or applicable to its own employees if Client's employees were doing the work; (4) to immediately notify ASI if an assigned worker sustains a work related injury, or is otherwise involved in a work-related accident; (5) to complete appropriate accident/injury reports, including workers' compensation forms and reports, whenever an assigned worker sustains a work-related injury; (6) to have said accident/injury reports signed by all appropriate parties; (7) to provide said accident/injury reports to ASI within twenty-four hours of occurrence; and (8) to arrange for any assigned worker involved in a work-related accident, or sustaining a work-related injury, to be tested for drugs and alcohol within three hours of said accident or injury. Client understands, acknowledges, and agrees that assigned workers sustaining a work-related injury must be treated by the physician designated by ASI. ASI will notify Client when an injured assigned worker is released to return to work. ASI and Client agree that ASI will remain in contact with Client to monitor the progress and performance of assigned workers, and to monitor and/or examine working conditions. 4. Client Deposit. Ej— a-9pe Cfed4 n o;o 4e II This agreement of take e€feetttrrtl Client hdeposit of $ and AS! has r-eeeived a eiFedit r-epei4 to its s4isfaefion on Client. Pfem the deposit, Client authorizes AS! to pay e�Epenses for- a er-edit r-epei4 on Client, and ASI's adwAnistfatilve fee of $ eaeh time Client ter-fnina4es-and -estaAs an assignment of kerrr uiiaer this Agreement. Upon ter-wAna4ien of t4is Agr-eemefit, AS! will either- Fefund anY deposit or-er-edit it against ehar-ges owed by ChePA-. American Staffing,Inc.Client Agreement 2/03 1 Page 55 Item#4. 5. Limitations on Client's Use of Assigned Workers. Unless authofizafien is first obtained in writing fr-ofn AS!, Client will not eatfust assigned wofker-s with uaa4tended , maehiaer-y or-motor-vehieles. The job description defined by City of Meridian is authorized work to be performed. 6. Fidelity Bond. ASI will provide a fidelity bond with respect to each assigned worker. Client understands, acknowledges, and agrees that ASI will have no responsibility to Client for the acts or omissions of any assigned worker that are within the scope and coverage of the fidelity bond, unless Client makes a written claim to the surety within 30 days of the occurrence prompting the claim. Further, Client must prove misconduct through a civil or criminal conviction of assigned worker. ASI will accept no liability for any costs associated with prosecution. 7. Hiring of Assigned Workers and Liquidated Damages. Client agrees that before it hires an assigned worker, the assigned worker must remain on ASI's payroll for at least 8 weeks and a minimum of 320 hours of work. Following such period of hours worked, Client may negotiate with ASI for the assigned worker's hiring by Client. Following the completion of an assignment, Client agrees that it will not contact, offer employment to, or hire an assigned worker for a period of six (6) months. Any modifications or alterations to this section require approval in writing by a corporate ASI employee. Client agrees that its violation of the provisions of this paragraph of this Agreement will constitute a material breech of contract resulting in damages to ASI that are difficult or impossible to determine. Client further agrees that for any such violation it will be liable to ASI for liquidated damages that bear a reasonable relation to ASI's actual damages, and are not arbitrary, exorbitant,or unconscionable. 8. Emergencies. If an emergency occurs after business hours, Client will notify ASI through the following emergency and or pager telephone number(s), leaving the name of the caller, a telephone number where the caller can be reached, the Client's name and a brief message if the caller is unable to speak directly with an ASI staff member. Fruitland: (208)452-5575 Elko: (775)738-1595 Idaho Falls: (208)529-3349 West Valley: (208) 887-2008 Burley: (208)678-9445 Twin Falls: (208)734-6452 Pocatello: (208)242-3959 Corporate: (208) 887-2008 9. Client Representations. Client makes the following representations which it agrees are material to this agreement. Client Identification: Client's full legal name: City of Meridian Client's d/b/a: N/A Client's tax identification/social security number: 82-6000225 Client's physical address: 33 E Broadway Ave.Meridian, ID 83642 American Staffing,Inc.Client Agreement 2/03 2 Page 56 Item#4. Client's mailing address: same as above Client is a: ❑ Sole Proprietorship ❑ Partnership ❑ Limited Liability Company X Corporation ❑ Limited Liability Partnership 10. Charges. It is agreed that ASI has the right to change the Bill Rate and Pay Rate at any time, provided it gives Client at least one week's written notice of any such change and its effective date. Client will be deemed to have agreed to said change unless it notifies ASI in writing of its non-agreement before said change is to take effect. 11. Billings and Payment. ASI will send Client a statement of charges weekly. Client agrees that (1) payment is due upon i-7eeeipt; (2) that Client balanees Over- 30 days wil (3) that whenever payment is past due, this agreement and ASI's assignment of workers to Client will be suspended until all charges have been paid in full and ASI agrees to reactivation of this agreement. Being suspended can include and is not limited to pulling of assigned workers at Client's location. Assigned workers can and will be pulled form Client's location once Client's oldest unpaid invoice reaches 60 (sixty) days past due; and payment or-def, will be subjeet to an additional ehar-ge by AS!to Client of . 12. Client's Assignment of Accounts Receivable. This Agreement ❑ is x is not conditioned upon Client's execution of the attached Assignment of Accounts Receivable which, if executed,is incorporated herein by this reference. 13. Agreement in Aid of Construction Staffing Services. This Agreement ❑ is x is not conditioned upon execution of the attached Agreement in Aid of Construction Staffing Services which,if executed, is incorporated herein by this reference. 14. Legal Compliance. Client agrees that it is responsible for compliance with all Federal, State, and local laws, ordinances and regulations relating to the work performed by ASI's assigned workers, except as otherwise specifically enumerated herein. Client specifically agrees to take all action required for compliance with the enabling legislation and regulations of the United States Department of Transportation, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, the Equal Employment Opportunity Commission and applicable state fair employment practices agencies. American Staffing,Inc.Client Agreement 2/03 3 Page 57 Item#4. 15. Insurance. Client agrees to provide all general liability,efFws and owAs ,and auto liability insurance with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate, said insurance to fully cover those activities of workers assigned to Client by ASI which are within the course and scope of the work performed for Client by said assigned workers. Client agrees to provide ASI copies of all its insurance policies serving so to cover the activities of ASI's assigned workers and to keep such policies of insurance, or replacement insurance policies, in full force and effect at all times this Agreement is in effect. Client agrees to immediately notify ASI should any such policy or policies of insurance lapse for any reason. 16. Indemnification. Client agrees, to the extent allowed by Law, -to defend and indemnify ASI against, and hold ASI harmless from, all claims, actions, causes of action, demands, damages, costs, loss of service and expense whatsoever, whether legal or equitable in nature, and whether meritorious or not meritorious, arising from the actual or alleged acts or omissions of ASI in entering into, administering and terminating this Agreement, or arising from the actual or alleged acts or omissions of the workers ASI assigns to Client which are within the course and scope of the work performed for Client by said assigned workers. This obligation to defend, indemnify and hold ASI harmless includes, but is not limited to, any actual or alleged harm, injury or other damage claimed to be caused by workers assigned to Client by ASI to (1) vehicles and equipment belonging to or leased by Client and others, (2) personal property belonging to or leased by Client or others, (3) employees of Client and others, and (4) real property and fixtures belonging to or leased by Client and others. This obligation to defend, hold harmless, and indemnify and hold ASI harmless also includes, but is not limited to, any claims, actions, causes of actions, demands, damages, costs, loss of service and expense whatsoever brought by any person, entity or governmental agency for alleged violation of the enabling legislation or regulations of the United States Department of Transportation; for alleged violation under the Occupational Safety and Health Act, Mine Safety and Health Act or any corresponding state or local law; and alleged violation of Title VII of the Civil Rights Act of 1964, as amended, or any corresponding state or local law. 17. Notices. Any notice permitted or required by this Agreement shall be effective when delivered and shall be delivered as follows: To ASI To Client American Staffing,Inc. 440 Pennwood, Ste 160 Meridian, ID 83680-0130 18. Termination of Agreement. ASI may terminate its obligation to assign Client Workers and Client may terminate its obligation to utilize workers assigned by ASI at any time upon written notice by the terminating party to the other party. The obligations of the ASI and Client pursuant to Sections 3,7, 11, 12, 14, 15, 16, 19, and 20 of this Agreement shall survive any such termination. 19. Costs to Enforce Agreement. In any action to enforce the terms of this Agreement, including proceedings on appeal, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. In the event of Client's failure to pay charges due to ASI,ASI shall be entitled to recover all costs of collection before, during, and after suit, including reasonable attorney fees. American Staffing,Inc.Client Agreement 2/03 4 Page 58 Item#4. 20. Governing Law and Venue. This agreement will be governed by Idaho law. Any action to enforce this Agreement shall be brought and maintained in the Fourth Judicial District of the State of Idaho, in and for the County of Ada, or in the United States District Court for the District of Idaho in Boise, Idaho. Client expressly consents to the jurisdiction of said courts. 21. Entire Agreement. Client and ASI acknowledge, declare, represent and agree that this agreement supersedes, succeeds, and extinguishes any and all prior negotiations, understandings, promises, inducements or agreements, no matter their form, concerning the subject matter of this Agreement; that this Agreement is the entire agreement between them concerning its subject matter; and that the terms of this agreement are contractual and not mere recitals. 22. Numbered Section Headings. The numbered section headings in this Agreement are included for convenience and ease of reference only, and shall not be a part of this Agreement for the purpose of construing or interpreting this Agreement,or for any other purpose. 23. Signing of Agreement. ASI and Client shall each sign this Agreement and ASI shall retain the original with a copy being provided to Client. 24. THE UNDERSIGNED ACKNOWLEDGE CAREFUL READING AND FULL UNDERSTANDING OF THIS AGREEMENT AND ALL OF ITS TERMS PRIOR TO SIGNING AND DELIVERING THE SAME. CLIENT DATE: 4-13-2021 By Keith Watts Its Procurement Manager AMERICAN STAFFING,INC. DATE: By Its American Staffing,Inc.Client Agreement 2/03 5 Page 59 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lease Agreement Between the City of Meridian and Joy's Boys, LLC for Concessions Operations at Julius M. Kleiner Memorial Park Page 60 Item#5. Mayor Robert E. Simison E IDIA N Treg Be City Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader April 5, 2021 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Garrett White, Recreation Manager, MPR Dept. RE: Kleiner Park Concessions Lease Agreement Background The agreement has been through the RFP process with help from our Procurement Department. Each proposal was scored and evaluated per the City's RFP process. The vendor with the highest score was Joy's Boys. Proposal To approve the 2021 Kleiner Park Concessions Lease Agreement. Page 61 Item#5. LEASE AGREEMENT for CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK("Lease")is entered into by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue,Meridian,Idaho 83642("Landlord"),and Joys Boys LLC,a limited liability company organized under the laws of the state of Idaho, whose address is 734 Wickham Fen Way,Boise,Idaho("Tenant"),effective the 13th day of April ,2021. In this Lease. Landlord and Tenant may be referred to individually as a"Party"or collectively as"Parties." WHEREAS, Landlord owns Julius M. Kleiner Memorial Park Park, located at 1900 N. Records Avenue, in Meridian, Idaho, which park includes a concession building adjacent to the splash pad(hereinafter"Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Tenant; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,Landlord and Tenant agree as follows. I. Lease granted. In consideration of the payment of rent,and other sums to be paid by Tenant to Landlord pursuant to this Lease(collectively referred to hereinafter as"Rent") and the performance of the other covenants,conditions and agreements in this Lease to be kept and performed by Tenant,Landlord does hereby lease and demise Lease Premises to Tenant. 11. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal,state, city,and health department laws,ordinances,regulations and resolutions;and the sale of food,beverages,swim diapers,and novelty items as set forth in Request for Proposals and Tenant's response thereto,which are attached hereto as Exhibit.A. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that,based upon said independent evaluation,Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto,some of which risks may be unknown. JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE 1 Page 62 Item#5. III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises, Tenant shall provide the services enumerated in the Request for Proposals,attached hereto as Exhibit A. Further,Tenant shall insure that the area within and immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter,or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin upon execution by both parties ("Effective Date"), and expire 11:59 p.m.on September 30,2023,unless earlier terminated by either Party by the method established herein. The lease term shall automatically be renewed from year to year thereafter,until September 30,2025,unless written notice of termination is given by either party to the other in the manner set forth herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Tenn as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease,Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date,Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Premises,including the cost of electricity or other fuels or power sources,water and sewer services,and waste disposal services. Land line telephone service is not available at the premises. B. Season close-out. Within seven(7)days of the last day of operation each year,Tenant shall complete each and all of the following: 1. Deep clean the Lease Premises,to include: descaling sink,faucets,and knobs;wash walls,doors,cabinets,and vents;remove all debris from and scrub floors;disinfect all surfaces;wipe out and sanitize garbage cans and recycling bins;empty and disinfect all cabinets;defrost freezer;and disinfect microwave,refrigerator,freezer, and other food storage or preparation areas. 2. Remove all perishable items from the Lease Premises; 3. Unplug all equipment; 4. Upon request of Landlord,remove some or all of Tenant's equipment and personal property from the Lease Premises so Landlord can perform routine maintenance and repair; and 5. Obtain written approval from City that the tasks set forth in this section have been completed satisfactorily, and that the Lease Premises can be closed for the season in a clean and sanitized condition. C. Criminal background check. Tenant, and each and all of Tenant's employees working at the Lease Premises or any person present within the Lease Premises pursuant to Tenant's invitation or consent,shall first undergo a criminal background check.Tenant will be responsible for the cost of background checks for each of their employees. Landlord will pay the cost for Tenant's background check. Tenant shall not allow any employee or person to be present within the Lease Premises whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence,drugs or alcohol,sex crimes, theft,fraud,or moral turpitude. JULIUS M.KLEINF_R MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE 2 Page 63 Item#5. D. Personal property taxes. If applicable,Tenant shall pay,prior to delinquency,all personal property taxes payable with respect to all personal property of Tenant including any inventory,equipment,floor,ceiling and wall coverings,furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant("Property of Tenant"). E. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination,upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise,Tenant,at Tenant's sole expense,shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord,reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord. Any Property of Tenant left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises,including,without limitation,any claims made by a succeeding tenant founded on such delay. F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order,condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition,safety, usefulness or habitability of the Lease Pren-dses,and Tenant accept the Lease Premises"as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises,physically and legally,for its intended use. G. Alterations. Tenant shall make no additions,changes,alterations or improvements to the Premises or to any electrical,mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions,changes,alterations or improvements to the Premises. H. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance,or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant,at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. I. No assignment or subletting. Tenant shall not,without first obtaining Landlord's consent: (1)sell,assign, mortgage,or transfer this Lease or any interest therein; (2) JULIUs M.KLEiNER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE.3 Page 64 Item#5. sublease all or any portion of the Lease Premises;or(3)allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease,unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation.Notwithstanding the foregoing,any transfer of this Lease by merger,consolidation or liquidation of Tenant shall not constitute an assignment hereunder. J. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990,Public Law No. 101-336,42 USC 121.01 et. seq. as it may be amended from time to time("ADA"). K. No Hazardous Substances. Tenant specifically agrees not to use,store or deposit any substance that is hazardous or dangerous to person,property or the environment(or any similar substance)as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on,or about the Premises. L. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend,indemnify and save Landlord free and harmless against liability, loss,damage,costs,attorneys'fees,and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien,it shall furnish Landlord adequate security for the value or in the amount of the claim,plus estimated costs and interest,or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered,Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then,in order to protect the Lease Premises and Landlord against such claim of lien,Landlord may,but shall not be required to,pay the claim and any costs,and the amount so paid, together with reasonable attorneys'fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof_ M. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss,liability,claim,judgment,or action for damages or injury to Tenant,to Tenant's personal property or equipment, and to Tenant's employees,agents,guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss,liability,claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE 4 Page 65 Item#5. premises by Tenant or by Tenant's agents,employees,guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim,suit or action is filed against Landlord for any loss or claim described in this paragraph,Tenant, at Landlord's option;shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. N. Insurance. L Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises,having a combined single limit of not less than one million dollars($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000)per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this lease insurance covering all of Tenant's and Landlord's furniture and fixtures,machinery,equipment,inventory,and other personal property owned or used by Tenant in,on,or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage;however, if this Lease ceases due to early termination due to damage or destruction as described herein,Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures,machinery, equipment,inventory, and any other personal property. 3. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty(30)days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease.All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s)of insurance carried and maintained by Tenant. 4. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant,Landlord has the light to terminate the Lease. Landlord may,but shall not be required to,purchase and keep in force the same,in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto,said payment to be made within ten(10) days after demand for such payment by the Landlord. JULIUS M.'(LEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE S Page 66 Item#5. 5. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which would(a)jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building;(b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building-,or(c)subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term,Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises,including,but not limited to,the electrical systems,roof,and structural integrity of the premises, unless such maintenance or repairs are required as a result,in whole or in part,of the act of,or neglect of any duty by, Tenant,its agents,servants,employees,or invitees,in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten(10)days of Tenant's receipt of Landlord's itemized bill therefor. B. Equipment. The parties acknowledge equipment owned by Landlord, as described in Exhibit C hereto. All such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense.During the Term,Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord at all reasonable times,and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection;cleaning, repairing, altering,maintaining or improving the Lease Premises,subject to Tenant's reasonable security requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises, excluding equipment described in Exhibit C, which insurance Tenant shall provide. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s)of insurance carried and maintained by Landlord. VIi. GENERAL PROVISIONS. A. No agency;independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease,Tenant shall be acting as an independent contractor,and neither Tenant nor any officer,employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Tenant: Joys Boys LLC Attn: Roger Patterson JULIUS M.KLEINFR MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGE 6 Page 67 Item#5. 734 Wickham Fen Way Boise,Idaho 83709 Landlord: City of Meridian Attention:Recreation Manager 33 East Broadway Meridian,Idaho 93642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S, maiI, or upon personal delivery to the party above specified. C. Early termination due to damage or destruction. In the case of damage to the Lease Premises or decreased park use by a Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, pandemic,fire, flood, vandalism, accident, governmental acts, threats to human health or safety,and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use,Landlord may immediately terminate this Lease. D. Default or breach;cure;termination. If Tenant is in breach or default of any of the terms,covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten(10)days of written notice thereof,this Agreement,and all rights of Tenant in and to Premises,at Landlord's option,may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided,Landlord may,upon three(3)days' notice,enter into and upon the premises,take possession thereof and expel Tenant therefrom,with or without process of law,and without being guilty of trespass,and without prejudice to any and all other rights and remedies Landlord may have.Tenant shall be liable for any damages and any costs,including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights,privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative,and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term,covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term,covenant or condition,nor shall such waiver operate to prejudice, waive,or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term,covenant or condition of this Lease,other than the failure of Tenant to pay the particular Rent so accepted,regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. JULIUS M.l{LEINER MFMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 PAGIi 7 Page 68 Item#5. F. No obligation. By the granting of this lease, Landlord does not in any way bar,obligate, limit,or convey any warranty with regard to any action relating to development or operation of said premises,including,but not limited to,annexation,rezone,variance, permitting,environmental clearance, or any other action allowed or required by law or conveyed by City Council. G. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease,shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. H. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race,color,creed,religion,sex, marital status,national origin or ancestry,in the leasing, subleasing,transferring,use, occupancy,tenure, or enjoyment of the Premises. I. Attorney fees. Tenant shall be Iiable to Landlord for all damages and costs,including legal expenses and attorneys'fees,suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. K. Entire agreement, This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements,leases,or understandings,oral or written,whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease,Tenant relies upon no statement, fact,promise or representation, whether express or implied,written or oral,not specifically set forth herein in writing. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT- ,JOYS Bj YS LLC 4Ro atterson LANDLORD: CITE'OF MERIDIAN: ATTEST: BY: Robert E. Simison,Mayor 4-13-2021 Chris Johnson,City Clerk4-13-2021 By Adrienne Weatherly, Deputy Clerk JULIUS ivl.KLEINER NIENIORIAL PARK CONCESSION BUILDING LEASE AGREFmENr 2021-2023 PaCF.R Page 69 Item#5. EXHIBIT A REQUEST FOR PROPOSALS JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 Page 9 Page 70 Item#5. Meridian Parks and Recreation Department 2021-2023 Julius M. Kleiner Memorial Park Concessions Building Request for Proposals Scope of Work Meridian Parks and Recreation is seeking proposals for vendors to provide seasonal concessions services in the Julius M. Kleiner Memorial Park concessions building. To be considered, complete proposals must be submitted to the Meridian Parks and Recreation Department office by 5:00pm on Wednesday,January 13, 2021. Proposals may be mailed, faxed, or submitted in person. For any questions, contact Garrett White at the Meridian Parks and Recreation Department. Meridian Parks and Recreation Department 33 E. Broadway Ave. Suite 206 Meridian, ID 83642 Phone: 888-3579 Fax: 898-5501 E-Mail: awhite@meridiancity.ora Pre-proposal On-Site Conference: Monday,December 14th at 4:00pm MANDATORY [ ] YES Meet at the Concessions Building [X] NO See Map on Attachment A Questions Deadline: Wednesday, December 16`h by 5:00pm Addendum: Monday, December 2151 by 5:00pm Proposal Due Date: Wednesday, January 13`h, 2021 by 5:00pm A. Evaluation Criteria. Proposals received will be evaluated utilizing the following criteria and point values: Product menu and proposed prices (25); proposed lease payment (25); references and experience in similar operations (50). Proposals containing false information will not be considered. Potential vendors whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude will not be considered. B. Julius M. Kleiner Memorial Park Concessions Building. Julius M. Kleiner Memorial Park is a 60 acre park located at 1900 N. Records Ave. near the NE corner of Eagle Road and Fairview Ave. It is right next door to The Village at Meridian shopping complex which leads to a significant amount of crossover foot-traffic. Amenities at the park include the Meridian Senior Center, Rock of Honor Memorial, two large ponds that are stocked for fishing, five reservable picnic shelters,playground, splash pad, sand volleyball court, bocce ball courts, basketball courts, bandshell and amphitheater, arboretum, and several walking paths. The park is also host to a variety of special events throughout the year including Gene Kleiner Day, Meridian Community Block Party, Treasure Valley Ford and Mustang Club Car Show, and the Meridian Kiwanis Wing-Off among many others. Event organizers are permitted to bring their own food vendors as part of their events. Those vendors, however, are not permitted to offer snow cones or similar products to snow cones such as gelato or ice cream from May 151h—September 151h annually in an effort to protect what's typically the best-selling product at the Page 1 of 6 Page 10 Page 71 Item#5. concessions stand. The selected concessionaire may not set up booths or an area outside the concessions buildings without permission from the City of Meridian and or the event organizer in which fees may occur. The concessions building is located on the west side of the park in the active recreation complex which includes the playground, splash pad, two picnic shelters, sand volleyball and bocce ball. The interior of the concessions building is 16 '/2' x 221/2'. Equipment included in the concessions building that will be available for use by the successful proposer include a three compartment sink, hand washing sink, and mop sink. All other food preparation and storage equipment will need to be provided by the successful proposer. C. Dates/Times of Service. The successful proposer will be required to be open daily, Monday- Sunday, while traditional calendar schools are out for summer(TBA). In addition, the successful proposer must be open weekends from Memorial Day weekend through Labor Day weekend. Times of operation 12:00pm-7:00pm (at a minimum) on all open days. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park. The successful proposer may choose to be open during dates and times that exceed these minimums. However, hours must stay consistent through the summer. By City Code, the park closes daily at one-half hour after sunset unless otherwise ordered or allowed by the Department Director in writing. Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. D. Additional Requirements. Upon selection, the successful proposer must: • Have or obtain all necessary Central District Health Department permits. • Provide a copy of their current liability insurance policy with the City of Meridian named as additionally insured. • Negotiate and enter into a separate, detailed lease agreement with the City of Meridian establishing terms and conditions of operation in Julius M. Kleiner Memorial Park. This lease agreement will be for a term of 3 years unless otherwise negotiated between the successful proposer and the City of Meridian. • Undergo and pass a criminal background check. The cost of the successful proposer's background check will be paid for by the City of Meridian (no more than one individual). • If employing one or more persons to work in the concession building, provide worker's compensation insurance and require all employees to undergo a criminal background check through the City of Meridian. The successful proposer shall not employ any person to work in the concession building whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees' background checks each year will be paid for by the successful proposer. The current cost of a background check is $18.50. Page 2of6 Page 11 Page 72 Item#5. Vendor Information Vendor Name: Vendor SSN: State of Idaho Resale Number: Business Name: Address: City: State: Zip: Home Phone: Work Phone: Cell Phone: E-Mail: Fax: Vendor Proposal Please answer the following questions with as much detail as possible. Attach additional pages if needed. 1. List the products you propose to offer for sale as well as the proposed prices. 2. State your proposed lease payment to operate the concession stand at Julius M. Kleiner Memorial Park as described above. List as a percentage of gross sales. 3. Describe your experience in managing comparable operations. Page 3of6 Page 12 Page 73 Item#5. 4. List three (3) references who can attest to your quality of product and service. Name Address Phone Number Relationship 5. Disclose any and all criminal convictions, including withheld judgments, for felonies or misdemeanors involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. 6. Include any additional information you would like to be considered in the RFP awarding process. Page 4of6 Page 13 Page 74 Item#5. v a� cq a A N .s: Q� bA N � U � O •., Con Qn N U O U 4-0 0 M U O Page 75 Item#5. n m; U A m - a w as y •, o C w" nl' P-0 !yJ {~-• rJ � �. yV. terr'1! d) Vi 1 �' CYl � 'rrU�f � r� U � cs I-1 4+ W .� .� v C.t,.j✓ v P, P4 f� p,y 1+1 •gypG%�' ' b « a � a .«`-, •r.3 'CS 'y •`",', 4.•�3 O ,r�7 a u N !��. v] V GS`.I!J7 W p L :7 `.�i ::, G7. [} c' + V <[; !� U z ad 1 m cf) 7 '� P4 P 0 04 _�. .--• r.I rri �f 'r, 'fJ I— co a, i &co �� r fill ' t - Sri }�•� �' '�.,�R�� s, V1 4�w V� R I 1 l ' W I Page 76 Item#5. Joy'sBoys LLC Boise,734 S. Wickhann Fen Way, 0• ... •• • Moog City of Meridian 33 East Broadway Ave., Ste 106, Meridian, ID 83642 To Whom It May Concern, Joy's Boys LLC is excited to be considered for the Julius Kleiner Park Concessions (RFP NO. PKS-2112-11250) and continue our existing relationship.Joy's Boys LLC has successfully operated the Julius Kleiner Park Concession Stand for the past 6 years. Beyond the concession stand, we have partnered with the City of Meridian for 8+ years and been involved with Friday Night Movie Nights, parades, holiday celebrations, and other community events. We love the City, employees, and people of Meridian. Joy's Boys LLC is owned and operated by Treasure Valley natives, Joy and Roger Patterson. They have 35+ years of experience and expertise around food, events, concessions, and catering. Joy and Roger understand the importance of community and take great pride in providing positive experiences for their patrons. As you review our proposal, we believe you will be impressed with our prior concession experience, operating plan, proposed concession employees, and proposed lease payment. We look forward to continuing to work with the City of Meridian. Warm regards, Joy and Roger Patterson Joy's Boys LLC Page 16 Page 77 Item#5. Joy's Boys LLC Operating Plan Overview Over the last 6 years as the current operators of the Kleiner Park Concession Stand, we have developed an operating plan that has proven to be mutually beneficial for The City of Meridian, park visitors, and Joy's Boys. We have invested resources into commercial grade equipment that has expanded what offerings are available for park patrons. Beyond the products and equipment we have to offer, we also bring skills and expertise that are invaluable. The knowledge, insight, and experience we offer cannot easily be replaced or substituted. COVID Plan Sanitation and cleanliness have always been a top priority for Joy's Boys. We follow all of Central District Health Department's recommendations and guidelines. During the 2020 pandemic, we faced many challenges and hardships, including all events being cancelled. We stayed current with government guidelines and established protocols and procedures to ensure safety for employees and customers. We will continue to make sure the highest standards of sanitation and cleanliness are followed to keep the community safe. Event Specific Operating Plans Kleiner Park has many annual events that require consideration and planning beyond what is required in a normal day. With direct knowledge of the events,Joy's Boys is familiar and prepared to handle the increased traffic, demands, and staffing required. Joy and Roger Patterson make it a point to be on-site when special events take place. With our wide collection of concession and food equipment, we offer additional menu items for special events to fill any gaps not met by scheduled food vendors. Going Above & Beyond Joy's Boys feels a strong connection to the community and goes above and beyond the expected duties of someone running the concession stand. There have been several occasions where flooding has been prevented because Roger Patterson was willing to turn off and report malfunctioning sprinklers. They keep an eye out for safety and proactively report broken playground and park equipment. Page 17 Page 78 Item#5. Joy's Boys LLC Protecting the Park Roger and Joy Patterson know several police officers from the park and have reported suspicious activity and crimes. They have trained employees to watch and be aware of things that are happening within the park. As an example, they have reported instances of strange adults taking pictures of children that did not belong to them. The Meridian Police have expressed gratitude and appreciation for the efforts Joy's Boys has made in keeping the park safe. Existing Relationships Joy's Boys has a great relationship with Meridian Park's department and the person responsible for Kleiner Park. Wade, John, and others have been great to work with in the past. Schedule The RFP states: "The successful proposer will be required to be open daily, Monday- Sunday, while traditional calendar schools are out for summer(TBA). In addition, the successful proposer must be open weekends from Memorial Day weekend through Labor Day weekend. Times of operation 12:00pm-7:00pm (at a minimum) on all open days. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park." The RFP also states, "The successful proposer may choose to be open during dates and times that exceed these minimums." We intend to exceed the stated minimums by being open daily from 10:00 AM until 9:00 PM. We also intend to exceed the minimum by being open on weekends from Easter weekend through the end of September. Menu & Fees Joy's Boys offers a wide variety of menu items available at a various price points. We want to have something for everyone, including those with dietary restrictions or budgetary concerns. Park patrons come from a wide variety of backgrounds. Families and daycares appreciate our prices. No customer walks away feeling like they cannot afford a healthy snack or special treat. In addition to food items, we offer equipment rentals for bocce ball, volleyball, basketball, and soccer. We also sell sunscreen, kites, bubbles, and other items that provide families with entertainment while visiting the park. Page 18 Page 79 Item#5. Joy's Boys LLC Joy's Boys Menu (page 1 ) Hawaiian Shave Ice Snacks (Choose from 37 Flavors) Trail Mix $2.00 Small $2.00 Peanuts $2.00 Medium $3.00 Sunflower Seeds $2.00 Large $4.00 Corn Nuts $2.00 Chips $1.00 Slush►es Jerky $2.00 (Choose from 37 Flavors) Fruit Snacks $1.00 16 oz cup $3.00 Fruit by the Foot $1.00 Apples, Bananas, Etc. $2.00 Food Popcorn $2.00 Hot Dogs $3.00 Kettle Corn Regular $5.00 Corn Dogs $3.00 Kettle Corn Family Size $10.00 Personal Pizza $3.00 Mac and Cheese $2.00 Treats Nachos $4.00 Cotton Candy $2.00 Lunch box special $5.00 Theatre Box Candy $2.00 Cookies $2.00 Drinks Assorted Candy $1.00 Sodas $2.00 Italian Sodas $3.00 Ice Cream Customized flavors $0.25 Ice Cream Cones $2.00 Energy Drinks $3.00 Ice Cream Bars $2.00 Gatorade $2.00 Ice Cream Sandwiches $2.00 Bottled Water $1.00 Fudge Bars $2.00 Creamsicles $2.00 Drumsticks $3.00 Continued on next page... Page 19 Page 80 Item#5. Joy's Boys LLC Joy's Boys Menu (page 2) Toys Food Items for Special Events Bubble Wands $2.00 Hamburgers % lb. $4.00 Hula Hoops $2.00 Nachos $4.00 Water Sprayers $2.00 Grilled Cheese $3.00 Kites $2.00 Pulled Pork $5.00 Beach Balls $5.00 Tacos $2.00 Sunscreen $5.00 Rice Bowls $5.00 Scones $5.00 Rentals Crepes $5.00 Bocce balls/hour $3.00 Fries $3.00 Volleyball/hour $3.00 Loaded Fries $5.00 Basketball/hour $3.00 Page 20 Page 81 Item#5. Joy's Boys LLC Prior Concession Experience 35+ Years Total Experience Kleiner Park Concessions • 6 years Over the last 6 years, we have developed a meaningful rapport with park patrons and built lasting relationships as we have seen families grow • Hired approximately 30 local youth for the Kleiner location • Continually increased profitability and shared revenue for the City of Meridian • Reinvested profits into new commercial equipment to expand the Kleiner menu to include over 40 food items • Provided convenient park related items such as sunscreen, swim diapers, kites, bubbles, hula-hoops, beach balls, water sprayers, etc. • Offered various equipment rentals for park patrons to utilize Kleiner bocce ball, volleyball, and basketball courts Community Events • 35 years Being native to the Treasure Valley, the Patterson's have worked at countless events • Popular events include The Western Idaho Fair, Basque Festival, Meridian 41" of July Celebration at Storey Park, Meridian Trunk-or-Treat, & Meridian Winter Lights Parade • Concessions supplied have included cotton-candy, caramel apples, popcorn, shave ice, ice- cream, tacos, pulled pork, nachos, waffles, hot dogs, drinks, etc. • Maintained positive relationships with event organizers Catering, Weddings, Parties • 35 years The Patterson's have been able to provide many unique experiences by offering their services and expertise at special events for businesses and individuals • Successfully managed food planning and catering for large events with 400+ guests • Has been critical in creating special memories for smaller, intimate events • Offers a variety of options and possibilities to fit all ideas and budgets School Events • 32 years We take pride in working with local schools to create positive experiences and memories for children and parents • Worked with local schools for fundraising events • Frequently volunteers and donates profits for the improvement of local schools • Served a variety of food and concessions depending on school requests Page 21 Page 82 Item#5. Joy's Boys LLC Shave Ice Stands * 10 years Starting in 2011, we have extended our business and opened 7 locations in the Treasure Valley • Hired and employed over 110 employees • Provide workforce training to many youth; teaching them customer service, individual responsibility, and commitment • Developed a very loyal following of customers who have traveled as far as Minnesota to enjoy our Shave Ice Kettle Corn Trailer • 9 years Patrons love our custom-built trailer that houses a giant kettle and provides a unique experience watching and smelling homemade kettle corn popped on site • Can quickly produce kettle corn and capable of serving any size crowd • Can be set up and used year round • A popular attraction at any event, especially Friday Night Movie Nights at Settler's Park COOT Bus • 8 years Owner of mobile concession vehicle that can be seen at different events throughout the valley • Set up at various school fundraising events for the West Ada School District • Available for private events and gatherings • Worked with multiple churches for family/community events 4 �Y.^ or # -lie 22 Page 83 Item#5. Joy's Boys LLC References Greg Lake Vaughn Wilkes Tanya Boyd 208-921-8601 208-863-2014 208-867-7322 565 N Maybelle PI 11084 Sandhurst 8962 New Castle Dr Star, ID 83669 Boise, ID 83709 Middleton, ID 83644 Page 23 Page 84 Item#5. Joy's Boys LLC Proposed Concession Employees Overview Throughout our years of experience, we have hired over 150 employees. Many employees have thanked us for providing them with valuable training and experience that they have been able to use to better themselves. We have experience identifying individuals who are reliable, teachable, and understand the importance of good customer service. During the interview process, we look for people who are positive, friendly, organized, neat and clean. Staff for the Summer of 2021 will be selected as we get closer to opening dates. We prioritize returning staff and will hire as needed. Joy's Boys will carefully screen all potential hires and will ensure background checks are completed through the City of Meridian before employment. As owners and operators of Joy's Boys, Roger and Joy Patterson are at the park every day. They personally open and close the concession stand daily. To prevent unauthorized access, Joy and Roger are the only individuals with keys to the concession stand. Employee Training and Expectations Joy's Boys has high standards for their employees. Park patrons often associate concession stand employees as Meridian Park employees. As such, we expect a high level of professionalism from all individuals working in the concession stand. We have a thorough policies and procedures manual that all new employees are expected to read, sign, and follow. The manual provides guidance on harassment, discrimination, language, drug use, workplace atmosphere, dress code, hygiene, illness, and safety. During onboarding, employees go through a training program that involves roleplaying and instills the following: • Food Preparation & Handling • Sanitation and Cleanliness • Customer Service • COVID Guidelines • Money Handling & Payment Processing • Machine Operation • Taking Orders & Counting Cash • Math and Language Skills • Making Product • Dress and Grooming Expectati8W 24 Page 85 Item#5. Joy's Boys LLC General Job Qualifications • Must be a minimum of 16 years of age or older • Ability to work flexible schedule including weekends and some holidays • Ability to communicate effectively with coworkers and public • Basic working knowledge of food and beverage • Basic math skills to accurately count and handle money • Ability to follow directions and effectively perform work • Willing to receive and implement feedback • Positive attitude and neat appearance • Must be willing to submit to drug tests • No previous felony convictions • Must be authorized to work in the United States Job Application Potential employees are expected to complete the following questions included in ourjob application. Name: Date: Address: Phone number: Secondary number: 1. Why did you choose to apply for this job? 2. What does good service mean to you? 3. What are some examples of qualities or skills that set you apart? 4. How do you respond to stressful situations? 5. How many hours a week are you looking for? 6. What days and hours can you work? 7. Will your availability listed above change within the next few months? 8. Give us 3 references and their phone numbers. 9. Please list a brief job history. Include supervisors' names, dates employed, phone numbers, and reason for leaving. Page 25 Page 86 Item#5. Joy's Boys LLC Proposed Lease Payment Percentage of Gross Sales The Kleiner Park Concession Stand Operator prior to Joy's Boys was losing money. Over the past 6 years, we have been able to turn things around and grow the business. Our commitment to reinvest our profits into new equipment and offerings have allowed our business relationship to grow and become profitable. We feel like we can continue our relationship at a rate of 16% of Gross Sales. This rate is in line with similar operations within the Meridian Parks System. Things to Consider While it may be tempting to think a higher percentage of gross sales might be the best option, it is important to consider the potential revenue that a partner will bring in each season. A Concession Stand with limited items, a smaller menu, and fewer operating hours and days open does not have the same potential for the higher gross revenue that we provide. Example : ® Competitor(Limited Menu &Reduc Total Gross Sales $22,000 Total Gross Sales $15,000 Proposed Percentage 16% Proposed Percentage 22% Revenue for City of Meridian $3,520 Revenue for City of Meridian $3,300 In the above example, the competitor offered a higher percentage, but actually produced a smaller return for the City of Meridian. Page 26 Page 87 Item#5. EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the amount of sixteen percent(16%) of gross sales. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (loth) of each month for sales taking place in the previous month. Along with the monthly payment, Tenant shall submit a breakdown of daily sales totals. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and receipt records. JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 Page 27 Page 88 Item#5. EXHIBIT C LIST OF LANDLORD' S FIXTURES 1. Three compartment sink 2. Handwashing sink 3. Mop sink 4. Water heater JULIUS M.KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT 2021-2023 Page 28 Page 89 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Update on Potential New Urban Renewal Districts and District Amendment Page 90 Item#7. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: April 13, 2021 Presenter: Cameron Arial Estimated Time: 20 minutes Topic: Update on Potential New Urban Renewal Districts and District Amendment Recommended Council Action: Informational update to seek City Council direction to begin the process for the creation of two new urban renewal districts and an amendment to the Meridian Revitalization District. Background: Last year, City and Meridian Development Corporation (MDC) staff began exploring two potential new urban renewal districts. The establishment of these districts could provide mechanisms to spur private investment and help fund the costs of qualifying public infrastructure improvements. The two proposed areas are highlighted below: Northern Gateway District The original downtown Meridian Revitalization District will expire in 2026. The original District has been hampered by the 2008 recession and, more recently,the commercial real estate impacts as a result of COVID.With development costs rising and commercial rents fairly stable, it is becoming more difficult for property owners to justify meaningful redevelopment of the small, infill sites that make up the majority of the District. While the downtown core is experiencing renewed interest and investment, the areas north of the core to Cherry/Fairview, as well as some properties along the Cherry/Fairview corridor, have largely remained stagnant. The proposed Northern Gateway District, shown on the map below (for vicinity purposes only) will serve to encourage private investment and provide reimbursement for qualifying public infrastructure—reimbursement that can make redevelopment worthy of private investment. Without intervention, it is likely that many properties will remain underutilized in the foreseeable future since the current market cannot support the rents required to justify private investment. In addition, the assemblage of small infill parcels, either by MDC or private investors, can spread soft development costs over a larger area, increasing developer interest and the likelihood of securing equity or traditional bank financing. Page 91 Item#7. Proposed Northern Gateway District �� RO Emcepf :......... . Oren P—" ■ . C mel ■ 12 '+• ,b . m d M M© p ©W • �: C1 {p E7 d • , Eherry Fairview - �, :OM r m �Qi C C II p m ;gyp a p ■ ■ �//�/ Racy 'R.� G � p fl ± ';® pm d _ /�- /i//!/rf/1� O�Gr.ber /� ♦ ........i gS1dl�•`' ��nt /rr�JF1 © a CI ! IFw EIm 7 G© Mvnswii Stonehenge ?Y N ^ x t 7 Q q ...'Q - a Made MERIDIAN .alley M f• URBAN © 0 OQ and W¢nlWorttr REhFWAL 41 GJ 13© M Camellia �� M ran M B Gdb. Uruc4er re . q r r1 Cherryy 5Q u G7 x p p w+v <�� � washingtor �' u, p ■ L ■ � Q� ■ SnellbrooY � Carib- ..........�! //!//l/�✓ �: Carlton m+ a . ■!yl■�{ n C Ash(erd SV For vicinity purposes only The proposed new Northern Gateway District would strategically encompass underutilized parcels as well as smaller infill parcels that could be combined with adjacent parcels for meaningful development to meet current market needs and desires. Some of the parcels fall within the existing Meridian Revitalization District, and an amendment is necessary to deannex those parcels before they can be included in a new district. The proposed Northern Gateway District plan will identify public improvement projects, anticipated to include transportation and pedestrian improvements, as primary investment objectives. Overland/Linder to Ten Mile District There is a need for a north-south alternative to Meridian Road and Ten Mile Road to avoid I-84 interchange congestion. The Linder Road overpass is listed as a "Future" project for ACHD, outside its five-year work plan,while the City views it as the top priority transportation improvement to serve Meridian citizens,businesses and their workers. During nearly every visit with businesses along and near the Eagle Road corridor, executives share employees' frustration with the time it takes to travel Eagle Road to or over I-84.An alternative to alleviate local north-south congestion can improve commutes for both local commuters and those needing to access I-84. Staff is proposing that the urban renewal district encompass the 21 parcels identified in the map below,with infrastructure improvements limited to those related to the Linder overpass.As such, it is likely that the proposed district would sunset earlier than the 20-year period permitted by Idaho statue. 2 Page 92 Item#7. Proposed Overland/Linder to Mile Ten District Brown Sr°u% o '•uk0 Cencanf - URO Porcek _ 1= Eider E3 fi,ing URC /�F'/ 7 } Rainbow ° .R✓0110 � — -r Vroet s ° Hanker e f�UVfulls ._ ■�.. NIyOCATIOM.MEA a sh � y Verbena u A•�•' ° P � •� q ac48 q 6 J •d - Q N Saimon �M sa ■ ■ ■ ■ dakfs m j Overland - 5e � o•eenPtnrt C_ rq h h"8N wooeingta 4., 41 Wa°d ChtP-9 - m okey(ak �&4 g x' 3 Farke 0/0r - .-.. / ✓�./ � �Y'��✓�l�,.v Knotty Estimated Costs and City, MDCAllocations MDC has approved contracts with legal and professional consulting entities to assist with the seven- to nine-month process. Estimated costs for the proposed new Northern Gateway District total $33,000-$38,000. The deannexation costs to amend the original Meridian Revitalization District are estimated at$20,000 to $25,000.All costs related to the Northern Gateway District and required deannexations are to be covered by MDC. The costs for the proposed Overland/Linder to Ten Mile District are estimated at$28,000 to $33,000 and would be covered by the City, Future Action: Should the Council agree to pursue these urban renewal actions, staff will follow up with a budget adjustment request at an upcoming meeting to fund the City's portion of the consulting work associated with the proposed Overland/Linder to Ten Mile Urban Renewal District. In addition, staff would work with the City Attorney's Office in preparation of a Memorandum of Agreement between the City and MDC to provide for the agreed upon reimbursement of the City's share of the consulting costs incurred by MDC for the potential Overland district. If the two proposed new districts move forward, the City Council will have a minimum of three opportunities to review the plans—upon presentation of the required eligibility report, presentation of the draft plans, and public hearings and final acceptance of the plans. 3 Page 93