2011-05-24~~E IDIAN~--
IDAHO
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, May 24, 2011 at 7:00 PM
1. Roll-Call Attendance
X David Zaremba 0 Brad Hoaglun
X Charlie Rountree X Keith Bird
X Ma or Tamm de Weerd
_ Y Y
2. Pledge of Allegiance
3. Community Invocation by Pastor Burton Roberts
4. Adoption of the Agenda Adopted.
5. Consent Agenda Approved
A. Approve Minutes of May 10, 2011 City Council Pre-Council
Meeting
B. Approve Minutes of May 10, 2011 City Council Regular Meeting
C. Award of Bid & Award for the McMillan Road Water Main
Construction Project No. 10230a to Knife River for aNot-To-
Exceed Amount of $15.9,485.06
D. Task Order 10011 C with Civil Survey Consultants, Inc. for Well
10B Pumping Facility Design for the Not-To-Exceed amount of
$59,210.00
6. Community ItemslPresentations
A. City Scholarships Presentation
7. Items Moved From Consent Agenda None
Meridian City Council Meeting Agenda -Tuesday, May 24, 2011 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. FP 11-004 Kingsbridge Subdivision No. 2 by Boise Hunter
Homes Located East Side of S. Eagle Road, Midway Between
E. Victory Road and E. Amity Road Request: Final Plat
Approval for 36 Residential Building Lots and 6 Common Lots
on 18.86 Acres in an R-2 Zoning District Approved
9. Department Reports
A. Mayor's Office: Resolution No. 11_: A Resolution of the
Mayor and the City Council of the City of Meridian, appointing
Blaine Johnston to Seat 2 of the Meridian Historic Preservation
Commission Approved
B. Mayor's Office: Resolution No. 11_: A Resolution of the
Mayor and the City Council of the City of Meridian Appointing
Board Members to Seats 8 and 9 of the Meridian Development
Corporation Approved
C. Police Department: Line Item Reallocation Request to Acquire
Funding to Hire a Third Party Agency to Develop a Strategic
Business Model for the Future Public Safety Training Center
for aNot-to-Exceed Amount of $46,000.00 Approved
D. Police Department: Budget Amendment: Additional Funding
for Investigation Expense for aNot-to-Exceed Amount of
$9,000.00 Approved
E. Amended onto the Agenda: Legal and Planning Department
Report: Delegation to Boise CitylAda County Housing
Authority of Agency to Purchase U.S. Housing and Urban
Development (HUD) Dollar Home
F. Amended onto the Agenda: Legal Department: Resolution
No. 11_: A Resolution Delegating Authority to Purchase
Dollar Home from the U.S. Department of Housing and Urban
Development; and Providing an Effective Date Approved
G. Amended onto the Agenda: Legal Department: Memorandum
of Agreement Designating Boise CitylAda County Housing
Authority as City's Agent to Purchase HUD Dollar Homes
Approved with Conditions
10. Future Meeting Topics None -Adjourned at 9:27 p.m.
Meridian City Council Meeting Agenda -Tuesday, May 24, 2011 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
8. Action Items
A. Public Hearing: CPAM 10-002 McNelis Subdivision by Ten Mile
Center, LLC Located Northwest Corner of N. Ten Mile Road
and W. Ustick Road Request: An Amendment to the
Comprehensive Plan Future Land Use Map to Change the Land
Use Designation on 13.85 Acres of Land from Mixed Use -
Community (MU-C) and 20.04 Acres of Land from Office to
Mixed Use -Non Residential (MU-NR) Approved
B. Public Hearing: RZ 11-001 McNelis Subdivision by Ten Mile
Center, LLC Located Northwest Corner of N. Ten Mile Road
and W. Ustick Road Request: Rezone of 18,522 +l-Square Feet
from L-0 (Limited Office) to I-L (Light Industrial) and 16.24 +l-
Acres from L-0 to C-G (General Retail & Service Commercial)
Approved
C. Public Hearing: MDA 11-002 McNelis Subdivision by Ten Mile
Center, LLC Located Northwest Corner of N. Ten Mile Road
and W. Ustick Road Request: Modify the Existing Development
Agreement to Reflect the Proposed Rezone; Modify uses
Allowed on the Site Consistent with the Unified Development
Code (UDC) for the Respective Zone Except for those
Specifically Prohibited in the Agreement; Update the Owner
Information; and Remove the Requirement for Conditional Use
Permit Approval of uses on Lots that Abut Ustick Road, Ten
Mile Road and/or the Nine Mile Creek Approved
D. Public Hearing: MDA 11-004 Kingsbridge by Boise Hunter
Homes Located East Side of S. Eagle Road; Midway Between
E. Victory Road and E. Amity Road Request: Amend the
Kingsbridge Recorded Development Agreement (Inst.
#105092050) for the Purpose of Excluding the Property
Preliminarily Platted with the Kingsbridge Subdivision (File
#PP 10-007) AND Create a New Development Agreement to
Include the New Project Boundary, Building Elevations, Clarify
Subdivision AmenitieslCommon Open Space Approved with
Conditions
E. Public Hearing: VAR 11-001 Kingsbridge by Boise Hunter
Homes Located East Side of S. Eagle Road, Midway Between
E. Victory Road and E. Amity Road Request: Variance
Approval to Deviate from the Dimensional Standards of the R-2
Zoning District Denied
Meridian City Council Meeting Agenda -Tuesday, May 24, 2011 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
ridian Ci Council Meetin Ma 24 2011
,~ Me tv
A meetin of the Meridian Cit Council was called to order at 7:00 p.m., Tuesday, May
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24, 2011, by Mayor Tammy de Weerd.
Members Present: Ma or Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird
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and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Bill Parsons,
Jeff Lave Scott Colaianni, Lori den Hartog, Bill Johnson, Robert Simison, and Dean
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Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba 0 Brad Hoaglun
____
X Charlie Rountree X Keith Bird
._____
X Mayor Tammyde Weerd
De Weerd: Okay. I would like to welcome you to the City Council meeting. We
a reciate ou joining us this evening. For the record it is Tuesday, May 24th. It's 7:00
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p.m. We will start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: The next item is our Pledge of Allegiance. If you will all rise and join me in
the Pledge of Allegiance to ourflag.
(Pledge of Allegiance recited.}
Item 3: Community Invocation by Pastor Burton Roberts
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Burton Roberts. He is retired and we are certainly pleased to have you with us tonight.
If ou will all join us in the community invocation or take this as an opportunity for a
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moment of reflection. Welcome.
Roberts: Thank you, Mayor. It's always a privilege for me to be here. I volunteered to
be on the list called the emergency person or the substitute or whatever it is. When
the can't find anybody else they try to find me. But it's a privilege for me to be here
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and one of the reasons its a privilege for me to be here is because I really do believe in
m heart that God hears when we pray and he not only hears, but he answers and as I
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was preparing my heart this afternoon being here, I found myself thinking of our Mayor
and each one of the Council and praying at home for you and knowing that tonight
,,~., what I wanted to do is basically just come and say, Madam Mayor, may God bless you
richly --
Meridian City Council
May 24, 2011
Page 2 of 50
De Weerd: Thank you.
Roberts: -- and give you the stren th and coura a that
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very important roll that you have in our communit and to bless each one
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and, of course, Bill Nary. He needs a lot of hel .
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De Weerd: Yes, he does.
Roberts: And we are so thankful for all of those in our cit that work f
y or us, for all of the
city staff, I say God bless you, may God continue to rich) bless in
y every way and
strengthen all of our hearts together and, then, the thou ht that crossed m mi
g y nd as I
watched the evening news was so thankful that we don't live in tornado count
ry and I
wanted to say, Father God, bless those communities that are so drasticall overcom
with th Y e
e powerfulness of a storm. God bless those families, those that have
experienced loss. Bless all those that are laboring. Bless them, stren then us as a
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community and help us to look beyond our borders and see the needs of others that we
might find in our hearts the ability to say our God is a rest God and he continues to
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bless each one of us. Bless in everything that is said and done in this meetin toni ht.
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e ask all these things in Jesus' wonderful and mighty name, amen. Bless ou.
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De, Weerd: Thank you for being here
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: There are a couple of things to change. The Consent A ends has no
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changes, but --
De Weerd: Do you have your mike on?
Zaremba: I think so.
De Weerd: Okay.
Zaremba: The light's lit.
De Weerd: Thank you.
Zaremba: Okay. In Item 9, Department Reports, Item A, that resolution number is 11-
786. Item B, the resolution number is 11-787. And, then, we need to amend the
Meridian City Council
May 24, 2011
Page 3 of 50
agenda to add three items, an E, F and G. Ewe need to
add a Legal and Planning
Department report and this is about the dele ation to Boi
g se City-Ada County Housing
Authority agency to purchase a U.S. Housin and Urban
g Development dollar home.
Thats Item 9-E. 9-F we need to add is also a Le al De
. g partment report and this is a
resolution number 11-788 and that is a resolution dele atin
g g authority to the -- to
purchase the dollar -- the dollar home from the U.S. De artment of '
p Housing and Urban
Development and to provide an effective date. Then we also ne
ed to add an Item 9-G
and that, again, is the Legal Department and this is a memorandu
m of agreement
designating Boise City-Ada County Housin Authorit as the cit 's
9 Y y agent to purchase
the HUD dollar homes. And with those amendments I move that we ad
opt the agenda.
Rountree: Second.
De Weerd: I have a motion and a second. Anythin further?
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Zaremba: I don't believe so.
De Weerd: Okay. All those in favor of the approval of the a enda as chan ed sa a e.
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All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda
A. Approve Minutes of May 10, 2011 City Council Pre-Council
Meeting
B. Approve Minutes of May 10, 2011 City Council Re ular Meetin
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C. Award of Bid & Award for the McMillan Road Water Main
Construction Project No.10230a to Knife River for aNot-To-
Exceed Amount of $159,485.06
D. Task Order 10011 C with Civil Survey Consultants, Inc. for Well
10B Pumping Facility Design for the Not-To-Exceed amount of
$59,210.00
De Weerd: The Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: There are no changes to the Consent Agenda. I move that we a rove it as
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printed and authorize the Mayor to sign and the Clerk to attest.
Meridian City Council
May 24, 2011
Page 4 of 50
Rountree: Second.
De Weerd: I have a motion and a second to a rove the Co
pp nsent Agenda. If there is
no discussion by Council, Madam Clerk, will ou call roll.
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Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea' Hoa lun a
Y g bsent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Community ItemslPresentations
A. City Scholarships Presentation
De Weerd: Well, Council, our first item under the Communit Presentations w
Y e have
our city scholarships. Certainly we appreciate those that were involved in the ratin s
and we had a g
good number of applicants and certainly the involvement b those that
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are awarded and will be recognized this evening goes to show how these oun eo le
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ave had a positive .impact on our community and I think each of the students --and in
a few minutes I will ask you to come forward, but I'd also like to thank the families.
Having a very busy daughter as well in my household, I know how much su ort the
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need from the families and friends. We appreciate the families bein here su ortin
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their graduating senior and good luck in that upcoming colle a term. But I would like to
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present some information about each of those before I go down to the odium to
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present dust to -- just a certificate of appreciation. Robert over there in the corner will
meet you outside afterwards and give you details of how ou can collect our
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scholarship. We write the check to the school of your choice and the will bill us but he
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will give you those details outside. And I would also like to resent ou with a Cit of
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Meridian pin and I'm sure you will wear it to each of your classes, so ou remember
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where you re from. But if you will indulge me, I would like to tell ou about the four
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students that are recipients of the scholarships this year. Our first one is Mattie Mun er
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of the Mountain View High School, will pursue pre-med studies, ho efull at the
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University of Washington. Now, I wouldn't say hopefully, because I am a Cou ar and
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that is a Husky and there is no love between those two. I just had to mention that. The
goal is to be a pediatrician. Mattie has been involved with Cam River Run since its
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beginning. Camp River Run is for children with terminal illnesses. She also has been
involved with other organizations, like the Idaho Food Bank, has volunteered at a local
retirement center. Brady Fuller of Meridian High School will pursue a microbiolo
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egree at a school yet to be decided. Either University of Idaho or Universit of Utah
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on his way to medical school. Brady has a very active volunteer histo datin back to
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2007 for a variety of organizations, including Grandparents As Parents, the Budd Walk
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and most recently I know hes been working doing to some clean-u work alon Ea le
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Road. Mary Ann Secrist also of Meridian High School, will pursue a s cholo de ree
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at one of our schools here in the Treasure Valley, either College of Idaho or BSU. Ma
Ann ~ ~ ~
has been involved in Trio -- Right? Okay. Invisible Children, Teens A ainst
9
Meridian City Council
May 24, 2011
Page 5 of 50
Tobacco Use, and, hopefully, we will see ou on June 3rd -- ' '
? Y is it June 3rd, Robert?
June 2nd. We are having a celebration Frida ni ht before movi
. Y 9 e night on teens taking
a stand against tobacco use and we will give ou details on that if we
Y can recruit you --
and many other organizations where she has served in both leadershi
p rolls and given
back to our community. And Hannah Larsen, our third reci lent fr
. p om Meridian High
School, is looking to become a nurse and tans to attend the Univer ' -- '
p sity University of
Idaho or Idaho State University. I'm not sure which. In addition to '
being involved in
school groups, Hannah has volunteered for the Idaho S ecial OI m ics a
. , , p y p swell as the
World Special Olympics, participated in multiple MS walks and servin as
. g team leader
at Meridian High School. Has spent time volunteerin for the Meridian Food Ban
g k. I
would like to thank you on behalf of the City of Meridian, the communit of Meridian f
wh Y , or
at you have given to our community and I always get emotional when I talk to
students, so I apologize, but having young people involved in our communit reatl
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enriches not only the experience that you have, but the ex erience of the adults that
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also get to see our youth that care and that's such an im ortant messa a in our
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community that you are dust as bought into this community as anyone else and I love
the legacy that you leave in our community. It's deeply felt and it's reatl a reciated
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by each of those organizations that you guys donate your time to. So, if the four of ou
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please, come forward, I will meet you at the podium. Okay. A ain, I would like to
9
thank each of the four of you and since my daughter is at Meridian Hi h School I
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certainly see that most of them are very active in their community. So, thank ou to
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each of every one of you. And Mattie --who is Mattie? This just sa s on the certificate:
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In recognition of your high level of community involvement and academic merit and
outstanding leadership potential. I have to do this at a microphone. It's not because I
think I'm important, it's because Dean will get mad at me if I don't and ou alwa s want
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your stenographer to be very happy. Mattie, we appreciate all you have done in our
community and we wish you great success in your upcoming .career in school and
congratulations.
Munger: Thank you.
De Weerd: And Hannah. All right. If you want to come up front. I will also sa this
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says in recognition of your high level of community involvement, academic merit, and
outstanding leadership potential, I present this to ou with rest honor and wish
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success in your upcoming endeavors.
Larsen: Thank you.
De Weerd: I don't have to ask who Brady is. That one is kind of a no brainer. If ou will
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step forward. Brady, we present this to you in recognition of your high level of
community involvement, academic merit, and outstanding leadership potential. A ain, I
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would like to offer you great success as you move forward into your college career and
present this to you with great honor.
Fuller: Thank you.
Meridian City Council
May 24, 2011
Page 6 of 50
De Weerd: Last, but not least, Ma Ann. In reco niti
rY g on of your high level of community
involvement, academic merit, and outstandin leadershi
g p potential, I present this to you
and wish you great success and to all of ou we ho a th
Y p at you come back after your
term in college, we hope that your --the road returns back t ' '
o Meridian and you can lead
in our community -- maybe some day run this meeting. So con ratulations.
And 9 Thank you.
I will say that these youth scholarships are funded throu h
g the generous sponsors
of the State of the City. This is somethin that we do eve
g ry year with the proceeds that
we get over and above what we collect and as ou can see -- as ou h
Y y earl and as you
can see from the young people that were with me u front our future I '
p ooks to be in very
good hands. We wish those young people great success.
Item l: Items Moved From Consent A enda
9
De Weerd: Okay. There were no items moved from
the Consent Agenda.
Item 8: Action Items
A. Public Hearing: CPAM 10-002 McNelis Subdivision b Ten Mile
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Center, LLC Located Northwest Corner of N. Ten Mile Road
and W. Ustick Road Request: An Amendment to the
Comprehensive Plan Future Land Use Map to Chan a the Land
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Use Designation on 13.85 Acres of Land from Mixed Use -
Community (MU-C) and 20.04 Acres of Land from Office to
Mixed Use -Non Residential (MU-NR)
B. Public Hearing: RZ 11-001 McNelis Subdivision b Ten Mile
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Center, LLC Located Northwest Corner of N. Ten Mile Road
and W. Ustick Road Request: Rezone of 18,522 +l- S uare Feet
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from L-0 (Limited Office) to I-L (Light Industrial and 16.24 +l-
Acres from L-0 to C-G (General Retail & Service Commercial
C. Public Hearing: MDA 11-002 McNelis Subdivision b Ten Mile
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Center, LLC Located Northwest Corner of N. Ten Mile Road
and W. Ustick Road Request: Modify the Existing Develo ment
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Agreement to Reflect the Proposed Rezone; Modi uses
Allowed on the Site Consistent with the Unified Develo ment
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Code (UDC) for the Respective Zone Except for those
Specifically Prohibited in the Agreement; Update the Owner
Information; and Remove the Requirement for Conditional Use
Permit Approval of uses on Lots that Abut Ustick Road, Ten
Mile Road andlorthe Nine Mile Creek
De Weerd: So, we will move into Item No. 8 under Action Items and we will o en u the
thr p p
ee public hearings on 8-A, 8-B and 8-C for CPAM 10-002, RZ 11-001 and MDA 11-
002. I will ask for staff comments at this time.
Meridian City Council
May 24, 2011
Page 7 of 50
Wafters: Thank you, Madam Ma or, Members of the
Y City Council. The first application
before you tonight is an amendment to the Com rehen '
p slue Plan future land use map to
change the land use designation on 13.85 acres of land
from Mixed Use Community
and 20.04 acres of land from Office to Mixed Use Non '
residential. The second
application is for a rezone of 16.24 acres of land from L-0 '
,Limited Office, to C-G,
General Retail and Service Commercial, and .43 of an acr - '
e from L 0, limited Office, to
I-L, Light Industrial. The final application is for a develo m
p ent agreement modification
to update the zoning and uses allowed on the site in accord wit
. , . h the rezone, except for
those uses specifically prohibited in the a reement. U date th '
g p e owner information and
remove the requirement for Conditional Use Permit a royal of uses on
. pp lots that abut
Ustick Road, Ten Mile Road, and/or the Nine Mile Creek. The '
overall site consists of
34.07 acres. It's currently zoned I-L, L-0, and C-G and it loca
ted on the northwest
corner of North Ten Mile Road and West Ustick Roads. The ma ou're loo '
. p y king at here
shows the current zoning of the property and surroundin ro ernes, '
g p p This is an aerial
view of the subject property. The proposed rezone is consistent with the r
p oposed map
amendment to mixed use nonresidential and this is 'ust a ma showin th
. 1 p g e proposed
zoning and this is a future land used map. The industrial and commercial zonin
.. g will
assist in providing a transition buffer between the wastewater treatment Ian
p t and
existing residents to the east and south. The ma amendment is consiste '
p nt with the
mixed use nonresidential future land use designation of other ro ernes surroun i
p p d ng the
wastewater plant, which does not allow for new residential uses. Just a li
the
background. At the time this property was annexed in 2004 the future la
nd use map
designation of this site, along with other properties surroundin the wastew
g ater plant,
was mixed use wastewater treatment plant, which did not allow for new residential uses.
In 2005 with approval of the North Meridian Area Plan, the land use desi nati
g on for this
property was changed to Mixed Use Community and Office. In 2009 the name of the
Mixed Use Wastewater Treatment Plant designation was chan ed to Mix
g ed Use
Nonresidential, so that it could be used in other areas of the cit as well not 'ust f
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area surrounding the wastewater treatment plant. The applicant has submitted a new
conceptual development plan and building elevations with the rezone a lication to be
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included in the amended development agreement. The ro osed amendments
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development agreement are consistent with the map amendment and rezone re
. quest.
Because the city now has design standards for develo ment, staff is su ortive of
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applicants request to remove the CUP requirement for lots abuttin Ustick Ten Mile
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and the Nine Mile Creek. The current development a reement restricts hours of
. 9
operation for uses in the I-L and L-0 districts from 7:00 a.m. to 10:00 .m. unless
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otherwise approved through the Conditional Use Permit. This restriction will car ov r
ry e
to the properties proposed to be rezoned to C-G, except for those ro ernes alread
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zoned C-G on the corner of Ustick and Ten Mile. The hours of o eration on those lots
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shall not be restricted. This is a conceptual buildin elevation that the a lican
9 pp t
submitted with this application. The Commission recommended a royal of thes
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applications at their April 21 st public hearing. Tamara Thom son testified in favor of the
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application. No one testified in opposition or commented. Written testimon was
submitted fr Y
om the applicant Tamara Thompson in response to the staff re ort in
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agreement with the conditions. Key issues of discussion by the Commission the
appropriateness of the rezone to C-G as proposed versus a lesser intense commercial
Meridian City Council
May 24, 2011
Page 8 of 50
zoning district. The Commission did not make an
y changes to the staff
recommendation. Written testimony since the Commission hearin w
g as submitted by
Tamara Thompson in response to the staff re ort still in a re
p g ement with the conditions.
There are no outstanding issues for the Cit Council. Staff will
Y stand for any questions
the Council may have at this time.
De Weerd: Thank you. Council, any questions?
Rountree: I have none right now.
Bird: I have none, Madam Mayor.
De Weerd: Okay. Would the applicant like to make comment? Good ev '
ening. If you
will, please, state your name and address for the record.
Thompson: Madam Mayor, Members of the Council, m .name is Tamar
Y a Thompson,
Landmark Development Group, and I'm here re resentin the ro ert ow
p g p p y Hers for the
McNelis Subdivision and just to clarify, the ownershi entit has chap ed
p Y g ,but the main
members of the -- of the property are still the same. So, even thou h the chan e
g y g d the
entity name -- it used to be Falcon Creek, LLC, and now it's Ten Mile Center LLC s --
butthe ownershi i o
p s, essentially, the same as far as the members of the -- of that. The
amendment for the Comprehensive Plan is consistent with the other ro erties th
p p at
surround the sewer treatment facility. I believe this just cleans it u so that it's all mixe
p d
use nonresidential. You can see the other brown areas that surround the sewer
treatment plant. Those are all mixed use nonresidential. And, then the rezone from -
L
0 to C-G gives a greater flexibility of compatible uses. The real estate broker
s have
determined, by means of demographics, market studies, that uses such as et su I'
veteri p pp ies,
Harlan, flower shop, garden center, dance studio, dry-cleanin ,office su lies
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restaurants, bank, eye doctor, equipment and tool rental -- that these are all needed in
the area and many of those cannot be done in the L-0 zone. So what this do
es,
changing it to C-Z -- or, I'm sorry, C-G, gives a greater flexibilit of uses we can still
Y do
the office, but we can also do some of those other retail uses. And then with the mixed
use nonresidential, that can't be more than resident -- or, sorry, retail cannot be more
than 50 percent of the building area, how that zone -- or that desi nation is defined.
. 9
Some you have touched on it a little bit, but our intent is not to chan a the hours
g of
operation in the C-G, that the current development agreement has the L-0 there is
some hours of operation limitations and our intent is not to chan a that. So that's wh
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we are proposing to keep the hours the same. And, then, the other chan a is 'ust that
9 1
the Conditional Use Permit is not necessary, because there is a desi n review rocess
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now within the city. And I think Sonya covered everything else, so I don't need to
reiterate what she said, but if you have any specific questions I would be ha to
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answer that.
De Weerd: Okay. Thank you. Council, any questions?
Bird: I have none, Mayor.
Meridian City Council
May 24, 2011
Page 9 of 50
Rountree: I have none.
De Weerd: Okay. Thank you, Tamara.
Thompson: Thank you.
De Weerd: We did have three people si ned u . When I cal
g p I your name if you would
like to provide testimony at that time I would ask ou to com '
y e forward. Jackie Crane
signed up against. If you would like to provide testimon if we c
y an have you on the
record, please. Thank you for joining us. If ou will lease s
Y , p tate your name and
address for the record.
Crane: Okay. My name is Jackie Crane and I'm at 2820 N
orth Inglewood Place in
Meridian.
De Weerd: Thank you.
Crane: And my main question is -- I'm not exact) sure I '
. y think that young lady
explained it, but dust exactly what is light industrial? What does that --
you know, could
somebody clarify that forme, please?
De Weerd: Yes. I will ask staff to give ou a definition. Do
Y you have any other
comments orquestions --
Crane: Well, my main issue is traffic. I don't know what the r '
t affic plans for that
intersection is, but right now it is so crowded at certain eriods of tim
. p e that if we --when
I think of industrial I think of trucks and that t e of thin and that int '
Yp g ersection is a mess
right now and that's my main concern.
De Weerd: Okay. Sure. We will have staff comment on what is an
allowed use in
industrial and also that intersection is scheduled for --
Rountree: 2012.
De Weerd: -- in 2012 for an intersection light, so that --
Crane: No expansion, just a light?
Rountree: It will be expanded.
De Weerd: Pardon?
Rountree: It will be expanded to six by six, so you will have --
De Weerd: Yeah. As well as the road from Cherry to Ustick.
Meridian City Council
May 24, 2011
Page 10 of 50
Rountree: That's in 2014.
De Weerd: And that's 2014. Yeah. So, they are not doing a temporary intersection,
then. It will be a full intersection improvement. Pete, do you know?
Friedman: Madam Mayor, Members of the Council, I don't know specifically what the
programmed improvements are. Sonya, what were the comments from ACRD, if we
have any? I don't believe -- I don't believe we have any temporary improvements
associated with this particular application, because we also don't have any specific
ground up development proposed at this time. These are merely changes to colors on
the map, if you will. There is not a --there is not a proposal to actually come out of the
ground and build anything right now.
De Weerd: Those road improvements are on a scheduled plan, so that is very
favorable and positive.
Crane: Okay. Thank you. And the light industry, what --just exactly --
De Weerd: Yes.
Friedman: If you don't mind my reading directly from the code. It's probably easier than
relying on my memory, but in the city zoning regulations we do have two classifications
for industrial. One is heavy industrial, which is more the noxious type of uses, it
promotes a lot of glare and smoke and noise and things like that. And, then, we have
light industrial. Right now there are no heavy industrial areas even designated within
the city. However, light industrial we have quite a bit and it is intended to allow for light
manufacturing, fabrication, industrial R&D, research and development. We have other
uses associated with that. Do you have truck traffic? Yeah, probably so. Some of the
best illustrative examples I can provide are -- if you think about the areas that area east
of Fire Station No. 1 on Franklin Road where you have everything from printers to
automobile shops to light manufacturing, that's pretty much the I-L zoning district and
that's what it looks like.
Crane: Thank you.
De Weerd: Okay. Thank you, sir. Also signed up is Les Marbury, signed up against. If
you would like to provide testimony or -- okay. Okay. Thank you, sir. Janet Wilder
signed up against. Okay. Thank you. Is there any other member of the public who
would like to provide testimony on this application? Tamara, do you have any closing
remarks? If you will just state your name once more forthe record.
Thompson: Tamara Thompson, Landmark Development Group.
De Weerd: Thank you.
Meridian City Council
May 24, 2011
Page 11 of 50
' to 'ust reiterate thatwe are not changing the I-L zone. The I-L
Thompson. I dust wanted ~
o zone. You u s can't see what I point at, can you. So, the --
is -- is currently that t p g Y
' sta in the same. That's currently zoned I-L. We are not making any
the top area is y g in the
with that. So the areas that are in purple and pink on this are stay g
changes ,
in as far as zonin that we are changing is just the L-0 to the C-G
same and the only th g g .
' vide a reater de ree of flexibility and provide for a combination of
and thats dust to pro g g .
' uses to meet the real estate market demands. I think -- dust because it
compatible land
' the Plannin Commission, I think I will touch just a little bit on the other
was stated in g
and wh those weren't picked as far as the commercial goes. There was
zones y
' r ardin C-N and C-C and in looking at the matrix for the zones, the I-L is
discussion eg g
m atible with the C-G zones and if -- if the limits of the I-L -- if you can -- the
more co p
here on the west side of Burley that we could -- we could expand or reduce that a
use
bit without havin to rezone those properties, because light industry is approved in
little g
-G zone but it's not in those other two that I mentioned with the C-C and C-N.
the C ,
So with thatwe would respectfully request your approval tonight. Thank you.
De Weerd: Thank ou. Council, any questions forthe applicant or staff?
Y
Bird: I have none.
Rountree: I'm fine.
De Weerd: Okay. Thank. you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If there is no further testimony, I move that we close the public hearings on
Items 8-A, B and C.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-A, B,
and C. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Given the explanation of the concerns that were expressed by the public, I
think that I heard that they pretty much were taken care of and the I-L zone already
exists on the zoning map, it's just that corner of the .property, given that we are going to
benefit, ho efull , in the near future, starting next year, with a fully rebuilt intersection
p Y
Meridian City Council
May 24, 2011
Page 12 of 50
' -- ears followin that a fully rebuilt Ten Mile, at least from
and the year following or two y g . .
ve that we a rove Item 8-A, CPAN, and with the conditions
Ustick to Cherry Lane, I mo pp
outlined by staff and the applicant.
Bird: Second.
ion and a second to a rove Item 8-A. Any further discussion
De Weerd. I have a mot pp
from Council? Oka .Madam Clerk, will you, please, call roll.
v
II-Call: Bird ea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
Ro ,y
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 8-B.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
e: I move that we a rove Item 8-B, RZ 11-001 for McNelis Subdivision.
Rountre pp
Bird: Second.
ve a motion and a second to approve Item 8-B. If there is no discussion
De Weerd. I ha
by Council I will ask for roll call, please.
Roll-Call: Bird, ea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
Y
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd : Item 8-C .
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
hat we a rove Item 8-C, MDA 11-002, McNelis Subdivision, subject
Rountree. I move t pp
to staff and applicant comments.
Bird: Second.
Meridian City Council
May 24, 2011
Page 13 of 50
' econd to a rove Item 8-C. Hearing no discussion,
De Weerd. I have a motion and a s pp
Madam Clerk.
- 'Bird ea' Rountree, ea; Zaremba, yea; Hoaglun, absent.
Roll Call. , y Y
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
r 'oinin us this evening. Items 8-D, E and F are public
De Weerd. Thank you fo t g
- VAR 11-001 and FP 11-004. I will open these items with
hearings on MDA 11 004, ,
staff comments.
' uncil Members. Staff is respectfully requesting that each of
Friedman. Thank you, Co
' o ened and acted u on separately. In addition, the applicant has
these applications be p p . ,
ublic hearin on the variance, if it's the Councils pleasure, be
requested that the p g
nda to be heard last. That way Council would open the public
adtusted on the age
' veto ment a reement modification, take testimony on that, act on that,
hearing on the de p g
t ou could act on, because it's just a public meeting not a public
then, the final pla y
both of those a lications could stand on their own. The variance has no
hearing, and pp
the Council's decision on -- on the disposition of those two applications,
bearing on
so --
D. Public Hearing: MDA 11-004 Kingsbridge by Boise Hunter
Homes Located East Side of S. Eagle Road; Midway Between
E. Victo Road and E. Amity Road Request: Amend the
Kin sbridge Recorded Development Agreement (Inst.
9 .
#105092050) for the Purpose of Excluding the Property
Preliminaril Platted with the Kingsbridge Subdivision (File
Y
#PP 10-OOl) AND Create a New Development Agreement to
Include the New Pro'ect Boundary, Building Elevations, Clarify
J
Subdivision AmenitieslCommon Open Space
Oka . Well I will entertain and take comment on Item 8-D, the public
De Weerd. y ,
hearing for MDA 11-004.
Thank ou Madam Ma or, Members of the Council. As Pete stated, this first
Parsons y Y , , .
' item toni ht will be a development agreement modification. Currently that
hearing g
' 'zoned R-2 and was annexed in 2005 and was known as Kingsbridge back in
protect is
as well. Earl -- or late in 2010 Council actually approved a new preliminary
that day Y
for the remainin 38.31 acres and that s, basically, the preface for the new
plat g
nt a reement before ou this evening. Staff is trying to bifurcate the two DAs
developme g Y
allow Kin sbrid a hase one to be subject to the original DA and have future
and g g p
ses two and three be subject to the new DA. Here is the concept plan that was
pha t .
ted to ou Burin that hearin .You can see how the two protects will meld as
presen y g g
division in the future, ho efully. And, then, what I want to address before
one sub p
Meridian City Council
May 24, 2011
Page 14 of 50
' new items in the DA. So, basically, what we are trying to do
Council tonight will be the
DA future hases two and three, is we are trying to incorporate a new
with the new p the
' incor orate subdivision amenities that were proposed with
project boundary, p
h buildin elevations to a new development agreement and also
preliminary plat, attac g
' ' final DA .revisions that need to be rolled into the new DA as well.
clarify and identify orig p
bounda basicall covers the new preliminary plat that you acted
So, here is the actual ry, Y
'maril covers 38.31 acres. It was preliminary platted with the first
on in 2010. It pri y
but since those a royals had expired, we are basically left with the new
Kingsbridge, pp , , .
' tat or three lots that ou see here.- Here are the subdivision amenities that
preliminary p Y
were ro osed with the preliminary plat and the new amenities that they are proposing
p p his evenin is
before ou this evenin . The only reason why I bring this up to you t g
Y g
e the revious amenities that you see on the left-hand side were ones that were
becaus p
with the relimina tat, phases two and three. In working with the
approved p rll p ,
undin ro ert owners in the county it came to the applicant s and staff s attention
surro g p p Y nd
he weren t real) amenable to a walking path along that buffer and the north a
that t y Y
bounda If ou will let me indulge you here, if you look at the map on the left-
eastern ry y
side ou can see the 30 foot landscape buffers along the north and the east
hand y .
ounda and that was basically meant to be a buffer between the county residences
b ry
future Kin sbrid e. And so in working with the applicant and going through the
and g g ,
ordinance staff was able to come -- work with the applicant and come up with some
w amenities that would bee ual in --for lack of a better word, a swap. So, basically,
ne q .
what staff has ro osed is to swap amenities and so what we have done in lieu of that
pp
'v foot edestrian athwa alon the north and eastern boundary, we have requested
fie p p Y g .
the a licant to rovide a tot lot and they have agreed to that. And, then, if you also
pp p
recall there is a 1.58 acre ark that's located internally to a subdivision and that has
p .
me er etas that were tanned along the northern and southern five foot detached
so p g p
idewalk. And so in workin with the applicant we -- I was working -- staff worked with
s g .
them and asked if the were willing to add a picnic shelter and they said they would and
Y
the a reed to add that amenity in place of the six pergolas that were planned for the
y g ~ 'hthe
nei hborhood ark. And, then, something else that came about when working wit
g p
a licant was leavin the McDonald lateral open. If you will allow me to go through that
pp g
conce t Ian a ain on the left there, along the north and eastern boundary there is
pp 9
another irrigation facility there and the landscape plan on the south -- or, excuse me, on
the ri ht shows that easement a little bit better. So, if you can see my cursor here, that
g that
easement follows this boundary, turns southeast and, then, goes south along
ro'ect bounda .And so, basically, in dealing with the applicant, speaking with those
P 1 rY
ad'acent homeowners, it appears that that was really a landscape buffer and in order to
J .
real) achieve a natural looking amenity and a natural buffer there between the
y with
residents staff felt it a ropriate to work with the applicant, have that designed
pp
natural rasses and more of natural landscaping and leave that ditch open, so that it
g .
looks like more of a natural water feature than dust a tiled ditch and manicured lawn.
We thou ht that was an amenable compromise to what they had proposed with the
9 .
revious relimina plat. The applicant was in agreement with that. I would point out
p p rY
with Council that the amenity swaps, the picnic shelter and the tot lot will have -- will be
constructed with hase three and, then, along with that open ditch that would probably
p
come in with hase three as well. So, with phase two we would only be getting the
p
Meridian City Council
May 24, 2011
Page 15 of 50
' 'time. Now here are the proposed elevations. These are
neighborhood park at this .
' that were attached to the approved preliminary plat that you
similar to the elevations
' in a reement with these elevations and requests that these
acted on in 2010. Staff is g .
II. And then also in looking --doing my evaluation of this
be attached to the DA as we , .
ri final DA and looked at the preliminary plat conditions that
project I pulled up the old o g
d three and I went through each individual DA provision in the
we had for phases two an
' ' t which ones were completed and which ones needed to be
original DA and picked ou
' DA and that's what I have tried to highlight for you here this
rolled over into the new , , . .
' with a s uare bullet is, basically, a DA provision in the original
evening. So, anything q
' black arrow is the ro osed language that we are -- ,had before
DA. Anything with a p p
' DA. So DA rovision number two basically reiterates the 25 foot
you tonight in the new p
' eter lots. It wasn't clear in that original DA if that was meant for
setback along the perim
erimeter lots that weren't abutting a common lot. And so staff
all perimeter lots or only p .
' A rovision staff has tried to craft some language to basically tie those
-- with the new D p
25 foot rear setback that do not abut a 30 foot common open lot. So,
perimeter lots to a
ou one more time, this landscape plan on the right-hand side in the
if I can indulge y
if ou can seem cursor here, there is four lots that do not abut a 30
southeast corner, y Y
and so what that DA rovision is stating is those lots are the only lots
foot common lot p
'ect to that 25 foot erimeter setback -- rear setback condition. DA
that will be subs p
' ' er nine is basicall , u rades to the Dartmoor Subdivision irrigation
provision .numb Y pg
n't know if Council has been called in -- been involved in this or not, but
system. I do
ns is that intersection where Dartmoor -- the entrance into Dartmoor abuts
what happe
Road that floods out if we have a significant rain event. And so that was a topic
Eagle ,
' ck in the hearin in 2005 and so those folks wanted to make sure --and
of discussion ba g
' velo er made commitments to those -- that subdivision that they would
the previous de p
im rovements. The wa it's written in the original DA, it states that the
upgrade those p Y
r develo er would not et a building permit until -- for phase two until those
applicant o p g
redone. Well now we have new owners -- basically a different project --the
upgrades a ,
e different ro'ect, different owner, so in order for them to really pull a
same nam , p 1
' mit we need to modi that condition and what staff is proposing is we would
building per fY
hem to ull u to four buildin permits prior to doing the upgrades. The applicant
allow t p p 9 .
tin for more than that, but I'll get into that once I get to their response to the
is reques g
ort. And in DA rovision 13 in the original DA is basically -- that's definitely a
staff rep p
' rovision but it basicall ,essentially, requires a drainage plan approval for
quirky DA p Y
moor HOA resident. Staff wasn't sure or clear if that had been reached --that
the Dart p .
ement was met with those folks, so we felt it prudent to at least roll it over for now
agre
w Council to act on that, whether or not that's a prudent DA provision or keep it
and alto
' here or strike it from the new DA. But we thought, again, that was appropriate to
in t
' there without havin conclusive evidence that that was completed. So,
stay in g
sicall in summa these are the DA provisions that staff is proposing for the new
ba y, ry,
It basicall addresses future home designs. It addresses timing for the
DA. y,
division amenities the timin for those amenities. It also requires -- it also states
sub g
how man buildin ermits will be issued prior to the upgrades to the Dartmoor
Y gp
ivision. It talks about ettin approval from the Dartmoor HOA president for the
Subd g 9
rains a Ian and it also further clarifies that 25 foot rear setback along the perimeter
d g p
tall did receive comments late this afternoon from the applicant. In that rebuttal
lots. S
Meridian City Council
May 24, 2011
Page 16 of 50
' uested that DA rovision number four be stricken and also to
the applicant has req p
tuber three to chan a it from the fourth building permit to the
modify DA provision nu g
' tall has not -- to staff s knowledge there are no other outstanding
12th building permit. S
evenin . We have not received any additional testimony from
issues before you this g
' hbors. A ain staff is recommending approval of the DA with
any of the adjacent neig g ,
s stated before ou this evening. And with that I would be happy to
the DA provisions a Y
answer any questions you may have.
De Weerd: Thank you, Bill. Any question from Council?
Bird: Not at this time, Mayor, I don't.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
two uestions and let me deal with the pathway first. Was that
Zaremba. I have q
in to an other athwa s in our pathway master plan or is this a
pathway connect g y p Y
stand-alone and didn't go anywhere?
President Zaremba, Members, Madam Mayor, it was basically just a
Parsons.
' 'ion amenit . It did not connect to a pathway. If you recall when they came
subdivis y
relimina lat we had a -- staff had arecommendation -- or the parks
through with the p ry p
ommended that we extend a ten foot pathway through the middle of
department had rec
' ' ' n alon the south side of the neighborhood park, but Council agreed to
the subdivisio g
to on the south side of the Ten Mile feeder canal. So, at this point to
allow that to s y
answer our uestion, no, it was not part of the city's pathway network.
Y q
k ou. The other uestion -- the original phasing plan was agreed after
Zaremba. Than y q .. .
' cussion with the nei hbors, which I believe would be the Dartmoor Subdivision,
much dis g .
' nt was to make sure that traffic went on the new road that this development
and the ante
Id be buildin and make it less attractive for people to use the road that goes up
wou g
the middle of Dartmoor, if I'm picking the right spot, and I just want to make sure
through
that the new phasing plan doesn't change that objective.
ns: Councilman Zaremba, Members of the Council, Madam Mayor, that was
Parso
concern back in 2005 and it was a concern during the hearings in December
definitely a
. If ou look at the landsca a plan on the right-hand side there that the applicant
of 2010 y p
d accordin with ACHD, is for achoker -- a choke down here. So, right
has propose , g
see hase two line and hrase three line, you will see where actually the
where you p p
r the roadwa chokes down. So, that was an agreement that they worked out
ca rtway o y
r traffic from cuttin throu h there and, then, using that road through
to try to Bete g 9
Dartmoor.
Zaremba: Thank you.
Meridian City Council
May 24, 2011
Page 17 of 50
Parsons: You're welcome.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, would you put up the DA provisions again? You have indicated that staff
was recommending the allowance of four building permits, but the way that's written it
only allows three and, then, the fourth one can only come after they have met the
provisions for the irrigation pond, et cetera, et cetera. So, if the intent is to allow four,
we ought to allow four without conditions and, then, after the fourth one they have to
meet something. Is that what you wanted to do?
Parsons: Council Rountree, that would be correct.
Rountree: Okay. So, that needs to be reworded, I believe. I heard that you indicated
the applicant is requesting that fourth one be eliminated and I can understand why. Did
you do -- did you discuss the fact that that storm water retention plan needs to be
submitted to the city and it needs to be approved through the building permitting
process -- it seems to me that would be the appropriate hand, as opposed to a
homeowners association, unless they are certified engineers.
Friedman: Madam Mayor, Council Member Rountree, Members of the Council -- and
Bill will have to help me out if I'm not -- part of that DA provision kind of carried over
from the settlement agreement, but also we have a develop agreement 13, which is not
up there, that requires that the homeowners association sign off on it, but also we are
including that it remain part of the new development agreement and it be verified prior to
signature on the plat. Yeah, I share your concern that they are not -- unless they are
civil engineers. I'm not sure -- again, this was a carry over from the original agreement
and we felt that because of the importance that was placed on it at that time, that it
seemed logical to carry over at this time. Now, that was only our logic.
Rountree: Well, you cause me to ask a question of our legal counsel. So, it sounds like
some of these provisions are a result of a settlement agreement between I assume the
homeowners association of Dartmoor and the previous developer, which would go with
this property or how does that work?
Nary: Madam Mayor, Members of the Council, Council Member Rountree -- and
Planning can help with this, too. We had an issue when the original Kingsbridge came
through -- the second time that Kingsbridge came through and part of the resolution of
that issue was a development agreement with the city, but also a settlement agreement
with --with the surrounding property owners of Dartmoor. I think we have incorporated
some of the elements of that agreement, if I recall, into the development agreement, but
there are other parts that are not part of our agreement, so --but that's still applicable to
this property owner as far as I understand and I think when it went to the Planning and
Zoning Commission the first time in January that was an issue and so the Planning and
Meridian City Council
May 24, 2011
Page 18 of 50
Zoning Commission sent them away to try to resolve those issues and I -- I didn't -- I
wasn't at the next hearing of Planning and Zoning, but I think that's the result of where
we are at now. Is that right, Bill? That's my recollection. But I think there is -- you're
correct, Councilman Rountree, there is a separate agreement that's not part of the cit
y
that they are also bound to as well.
Rountree: Okay.
Parsons: Councilman Rountree, Members of the Council, Madam Mayor, Mr. Na hit it
rY
on the head. We have -- we kind of have two conflicts here. We have a recorded DA
with the original and, then, we have a separate settlement agreement. When I took the
new Kingsbridge project before P&Z it was always interpreted from the cit 's office that
Y
we could not enforce that settlement agreement. However, somehow some of the
provisions in '05 that were with the original Kingsbridge, some of those provisions in the
settlement agreement did get wrapped into the recorded development agreement and
this happens to be one of those. I did research that this morning and I did find out
verbatim that this language is a DA provision in the original DA and it's also verbatim
language in the settlement agreement. So, even if we modify it here tonight or strike it,
the applicant still will have to go back to Dartmoor or amend that settlement a reement
9
with them or get some sort of approval or sign off from them and so that's kind of where
my thinking was, is, yeah, we can take it out of our DA, but we won't be takin it out of
g
the settlement agreement, if that helps clarify anything for you, Mr. Rountree -- or
Councilman Rountree.
Rountree: And the DA that this comes from is recorded -- signed and recorded, so it's
contractual?
Parsons: Yes, sir.
Rountree: I will think about it.
De Weerd: I guess I would maybe take Councilman Rountree's concern and ask our
legal counsel a what if question. So, what if the city approves that facility and the
Dartmoor Subdivision doesn't? What kind of conflict does that put -- that kind of puts
the city in the middle, doesn't it?
Nary: Madam Mayor, Members of the Council --great question. I guess the only thing
we -- the only thing the city can do is what we have done so far. I mean -- and I don't
recall the specifics back in '05, but we must have at the time with the developer felt that
whatever those conditions that was part of their settlement were, obviously, conditions
relevant to the city. So, all we can do is enforce that. If there is a disa reement and
g
you re talking about specifically about like that provision where it says that Dartmoor
HOA president shall not unreasonably withhold their approval -- is that the --
De Weerd: Yes.
Meridian City Council
May 24, 2011
Page 19 of 50
Nary: --language?
De Weerd: Uh-huh.
ilit to basicall -- because it's .our agreement, not
Nary: You know, we have the ab y Y
scenario out the developer came forward and said
theirs, if, for example, playing that
is the en ineerin that makes this work, they are being
here is what I presented, here g g ,
' ecision as a cit to decide whether or not that s the case.
unreasonable, thats our d Y
obviousl come and testify about it and the Council
Wed have a hearing, they could, y,
onditions are satisfied and they can go forward. If that
could at that time decide if the c .
' Dartmoor that's between Dartmoor and them, not with us.
puts them in a pickle with ,
clarification. An other questions, Council, for staff
De Weerd. Okay. Appreciate that Y
at this point?
Rountree: Not right now.
licant like to comment? Good evening. If you will,
De Weerd. Okay. Would the app
lease state our name and address for the record.
p Y
'~ ouncil Scott Nori uki, 3106 Ridgeway Drive, Boise, Idaho.
Noriyuki. Madam Mayor, C Y
De Weerd: Thank you.
in me toni ht. I want to address a couple of the initial
Noriyuki. Thank you for hear g g
' thwa s ust from a clarification standpoint. The intent between
items regarding the pa y , ~ .
ert owners and now to be developed project was to create a
the original perimeter prop y
a edestrian athwa that wasn't part of the greater city
buffer. Therefore, placing p p Y
' st im act those eo le that we were trying to create a buffer
system would, essentially ~u p p p
' came about the ne otiations with the city and opted for the tot
for. So, thats where we g
re usable and the covered picnic area. Regarding traffic
lot, which is probably mo
ee we have obviousl ,worked on that. There was a lot of
through Dartmoor, you cans Y
a lot of desi n renditions, to come up with the most appropriate
neighborhood meetings, g
' e most traffic on East Kingsbridge Drive through Kingsbridge
and effective way to ke p .
come u with. This is also a result of working with ACRD.
and this is what we have p
ved b them. Re arding the settlement agreement versus the
And it is currently appro y g
reement that's been a very discussed item throughout this entire
development ag ~ f
oint is s ecificall toward Dartmoor s HOA president approval o
project. I guess my p p Y .
nderstand the on final intent and concern and that was within the
our drainage plan, I u g
ith the stub streets stubbed into Dartmoor, there was some grade --
phase one portion w
)exit issues where some of that site drainage was rolling into
some grading comp y
ntl hase two and three, which we are under control of, is not
Dartmoor. Curre y p
rtmoor and code re uires that one hundred percent of drainage be
contiguous to Da q
' Our tans have been approved by -- reviewed and approved by
contained on site p
' as well as ACRD current) ,and we have no storm drainage that will leave
Public Works, Y
' of our ro~ect. So, that was my rationale for wanting to remove it, because
our confines p ~
Meridian City Council
May 24, 2011
Page 20 of 50
it's really not applicable anymore at this oint and it 'u
. p ~ st creates another layer and
potentially another concern for us. That's m rationale on that. An
. .. Y d, then, regarding the
off-site gravity irrigation piping on Ea le Road that on final '
g g commitment that was made
by the city -- or, excuse me, by the on final develo er and m
9 p andated by the city and
Dartmoor. Kind of a unique provision. I don't understand a lot
of the history, why it was
triggered at the point of the first permit within hase two howev
p er, we have been left
with that condition. Currently I have res onded re uestin a ' '
p q g dditional permits, but
between my formal response and now there has been a lot of di
scussion on how that
affects us from a financial standpoint and t in to achieve sale '
. rY g s, as well as dust a
practicality standpoint of we are proceeding with develo ment ri ht now
p g and we
anticipate we are going to have finished lots and be able to roceed with
.. p sales prior to
irrigation being turned off. So, that's going to create a conundrum for us to a
certain
degree. So, what we are proposing is in readin in here even with the ca
g p on permits,
we are required to put up surety. So, we are putting up the uarantee financial) with a
g y
letter of credit, so that we can proceed with our plat recordin and we will hav '
g e finished
Tots. So, what we want to propose is that we abolish the -- the ca on ermi '
p p ts, which
gives us flexibility and a better chance to get off and runnin in this market ou h
. g , y ave a
letter of credit, we also make a commitment that we will com lete it in the off
p season.
Typically we shut off -- water is off in September, so we have of between Se t
. g p ember
and April when they turn on. In the event we don't com lete it b that A ril 15th date
p Y p ,
then, we understand you could cap us. But always be clear ou have the ultima
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hammer, because we will have to post surety for the incom lete items. And with th
p at
said I stand for questions.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Scott, you just mentioned a proposed modification to the third DA a reement
9
with respect to a letter of credit and that you would be doing work on the off season but
you didn't give me any time specific -- obviously between October and A ril 15th but of
p ,
what year would you anticipate that being?
Noriyuki: Oh, I'm sorry. This fall. I plan on doing it in 2011.
Rountree: 2011, 2012?
Noriyuki: I naturally want to push myself out to April 15th, in the event we have an
y
issues with approvals and irrigation district and ACRD right of way.
Rountree: All right. Thank you.
De Weerd: Okay. Any other questions?
Meridian City Council
May 24, 2011
Page 21 of 50
Bird: I have none, Mayor.
De Weerd: Thank you.
Noriyuki: Thank you.
De Weerd: I do have people signed up on our sign-up sheet. When I read our name
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if you would like to provide testimony at that time, I would invite ou forward. Donald
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Hendrickson, signed up as neutral. If you would like to provide testimon lease come
Y~ p ,
forward. Thank you for being here. If you will, please, state our name and address for
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the record.
Hendrickson: Donald Hendrickson. 4240 Bott Lane. I'm on southeast corner of this
property.
De Weerd: Okay. Thank you.
Hendrickson: I hadn't heard a lot about this whole deal until I received this in the mail
and Kingsbridge and Vision First kind of left me in a real mess. They purchased art of
p
my ten acres back in -- it was about 2005. They purchased 7.2 acres of my ten acre
parcel. So, I have about two and a half acres left. And they had promised to do a lot of
things for us and they never came through. As a matter of fact, I was oin to sell the
9 g
house to them, too, and they defaulted on that and left me hanging on the da we were
. Y
supposed to receive the check at the title company. They were also -- I have the -- I
believe it is McDonald Lateral dissects my property and they were supposed to move
that over to my west boundary and they -- they really made a mess out of my ro ert .
P p Y
If they don't move that canal, they have deeded me land that belongs to the irri ation
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company and I don t know what all the complexities are there. They were supposed to
develop that whole ten acres at one time. So, I got some real questions of what the
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are doing here. I dont know what they are doing on my west boundary for one thin .
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They were supposed to put up fencing on that west boundary in a berm like they did on
Zaldia Way. There is probably about --
De Weerd: Pete or Bill, can you point out what property he might be talking about?
Bird: Right here.
Hendrickson: It's directly on that southeast corner.
Parsons: Sir, can you see my cursor?
Hendrickson: Uh-huh.
Parsons: Up there, this larger lot here. Or you can even draw on the map. Let me
come up and assist you.
Meridian City Council
May 24, 2011
Page 22 of 50
Hendrickson: Okay. Here I am right here. This propert ri ht here. Oka . This
Yg y
property right here. Now, there is a -- the lateral comes off -- this canal, there is -- I
think the Ten Mile feeder goes right along -- right along this south bounda I have of
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a -- the McDonald Lateral goes right through my property about like that. So kind of
dissects that. My -- I have got little chunks on both sides of this here. The were
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supposed to put in a fence and a berm here --vinyl fencing on top of the berm like the
did v ~ Y
o er here on Zaldia Way over here when they developed this. I havent heard
anything about that. But they were supposed to move this lateral ri ht here over to her
g e
to draw any -- because the lateral comes across the middle of my ro ert from the Ten
P p Y
Mile feeder and they were supposed to move that whole thin over to here and run it
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directly north and south. I haven't heard anything about that. These eo le real)
p p Y
screwed me up.
De Weerd: Now, staff, I guess my question for you is this part of our develo ment
p
agreement or is this -- this is probably a private agreement between you and the
original --
Hendrickson: It was Ken Elliott, Kingsbridge, Vision First, there were all kinds of names
in there. These people had about three or four different names and I don't even know
who owns -- I think it was Vision First was su osed to bu this 7.25 acres. That nam
pp Y e
has changed since I last seen it. I don't know who really owns that -- that other 7.25
acres. Coldwell Banker has it for sale. It's been up for sale since 2006. They defaulted
on my agreement to sell.
De Weerd: Okay. Well, I don't think we are going to be able to help you answer that,
but perhaps you can talk to the current applicant. The applicant has changed.
Hendrickson: I know that -- yeah. And it's --this is things that they had promised me.
De Weerd: But they have changed.
Hendrickson: I know that -- I don't know if they are bankrupt, I don't know what
company is bankrupted or where they want, but they left me in a mess. I mean I -- me
and my wife went in there to pick up a check from these people in December 2006 and
they never showed up and left us hanging. We had made plans to move to Montana
and they never even bothered to show up and, then, wanted the money back on a
deposit. I had to fight them for a year for 25,000 dollars for 12 month, run up some
huge legal bills with them, and, then, ended up having to give most of that move back,
Y
because they -- they had some trick words in the contract that my attorney did not pick
up. They were good. She was a real estate attorney and she got caught.
De Weerd: Council, do you have any questions?
Bird: I have none, Mayor.
Meridian City Council
May 24, 2011
Page 23 of 50
Rountree: No, I don't. My heart goes out to you, but we are not lawyers and I'm not
sure we can solve your problem.
Hendrickson: I do want to know -- I want clarification what's going on on my west
boundary.
Rountree: We can get that.
Bird: That will bedecided --
Hendrickson: And I want a minimum of a fence and a berm. I don't know if it's there or
not.
Rountree: We will certainly ask the applicant about that corner.
Hendrickson: Okay. Thank you.
De Weerd: Thank you. Margie has signed up as neutral. Okay. Jackie Crane. Signed
up as neutral. James Hunter in favor. Good evening.
Hunter: Good evening, Madam Mayor and, Members of the Council. My name is Jim
Hunter and -- of Boise Hunter Homes and don't have a lot to sa ,other than what staff
Y
has presented and Scott has talked about. I just want to make sure everybody
understands -- we have nothing to do with the old development company.. We are
totally arms length from Vision First. We just bought it recent) . We are Boise Hunter
Y
Homes and it sounds like this gentleman had a sad situation going on, but we had
nothing to do with that. So, I just wanted to make sure everybody clearly understands
that.
De Weerd: I think it was understood. It was very unfortunate, though.
Hunter: Yeah. Thank you.
De Weerd: Okay. Thank you. And I assume that Clint Boyle was part of the applicant
team, so he also favors the application. Is there any further testimony desired to
provide on this item? If we could get the applicant to, please, respond to -- good
evening. If you will just restate your name.
Noriyuki: Thank you. Scott Noriyuki. 3106 Ridgeway Drive.
De Weerd: Thank you, Scott.
Noriyuki: Madam Mayor, Members of the Council, I don't believe I have anything else
additionally to add as far as -- aside from the intent of the property -- our western
property line adjacent to this gentleman's property. It is -- these will be backyards of
very large lots. Those particular lots --those four lots are going to have the 25 foot rear
Meridian City Council
May 24, 2011
Page 24 of 50
setback requirement, which is above and beyond the typical R-2 zoning requirement.
So, there will naturally be an extended buffer between the two properties. We have no
plans to berm. However, I do anticipate as houses are built and people purchase these
houses, I do anticipate at that point people will potentially install fencing. We do not
plan on installing fencing upfront at this point.
De Weerd: I guess, staff,. is there not a perimeter fencing requirement?
Friedman: Madam Mayor, Members of the Council, there is not a specific fencing
requirement for that. We do have a landscape plan that does not show fencing on
there. If it's the pleasure of the Council to incorporate that either into the -- actually, the
development agreement would be the best time to incorporate that and any other
conditions that you might feel are appropriate.
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: One of your concerns was the elimination of -- I think the fourth item on the
development agreement. Would you be -- I guess for our comfort, as well as trying to
minimize the legal wrangling between a development agreement, which is contractual
with the city, and a settlement agreement, which is contractual with the homeowners
association adjacent to you to language that the applicant will comply with the
settlement agreement with Dartmoor as it relates to Kingsbridge by Boise Hunter
Homes. I believe that will eliminate your irrigation issue, but there are other things out
there that you have agreed to in a settlement agreement, you agree to do those?
Noriyuki: Yes.
Rountree: The other thing -- it seems to me with respect to the third item, you indicated
you'd like to see that be specific to the letter of credit.
Noriyuki: Yes.
Rountree: And that letter of credit be to the City of Meridian and that it would have a
date certain on it barring any unforeseen climactic or permitting issues, to be done
between the period of October 2011 and April 15, 2012?
Noriyuki: Yes. With the additional request to remove any caps on building permits.
Rountree: Okay. And I guess the question as it relates to fencing, whether it's on the
east or north or south boundary, would you be open to a requirement for perimeter
fencing, which is typically been a requirement of subdivisions, as I recall, and I thought it
Meridian City Council
May 24, 2011
Page 25 of 50
was a requirement, but -- but just to get some uniformity in the design of your
subdivision, which -- I'm impressed with, it's a very lovely subdivision, so --
Noriyuki: Thank you. I'm always looking for flexibility. We do have design
requirements within the CC&Rs and the ACC guidelines for consistent type fencing.
Considering the market and considering how many lots we have here, I would prefer in
that particular area if we can have the opportunity to install that fencing at the time that
we are building each independent house, in an effort to stretch costs out. We are going
to be spending atremendous -- excuse me -- amount of money on common lot fencing,
which is required that we put that up. We will adhere to code that requires as you pull a
building permit you have to have at least temporary fencing along the perimeter to
insure that we don't have any trash or debris, those types of items. We will naturally
meet that commitment. I'm just asking for a little bit of flexibility for my client financially.
Rountree: Madam Mayor. So, I understand you correctly that your CC&Rs will contain
a design type and so you have something of a uniform nature, because you do have
multiple ownerships on sides and --
Noriyuki: Yes.
Rountree: It's kind of aggravating to the owners on the other side to have a cedar fence
and a plastic fence and a --whatever kind of fence --
Noriyuki: That's critically important to us as well.
Rountree: Okay.
Noriyuki: We have two types. We have white vinyl privacy fence and, then, we have
black wrought iron fourfootfence.
Rountree: Thank you.
Noriyuki: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Scott, my concerns is on the fencing also. I don't know how we let it pass through
without getting in the DA. With the fencing your CC&Rs are going to require, but you
just told us you have two different types, so you got vinyl on this lot and wrought iron on
the next lot. It don't look too good. Why -- would you be acceptable, as you sold the
lots and started the houses, to build the fence along the back?
Noriyuki: Of the four specific lots?
Meridian City Council
May 24, 2011
Page 26 of 50
Bird: I'd like to see it all overthe whole subdivision.
Noriyuki: I think those are the only ones, actually, that are exterior, not up against a
common lot buffer. So, the common lots that wrap the northern, that wrap the southern,
and the bulk of the eastern --
Bird: You're right.
Noriyuki: They already have a requirement that I will be installing that. Specific to those
four lots I -- I have looked at my client and he's inagreement --
Bird: You will put the fences up there as you go?
Noriyuki: Yes.
Bird: So thatwe have a continuous same fence.
Noriyuki: Yes.
Bird: So that the neighbors don't have to look into two different types of fencing?
Noriyuki: Yes.
Bird: Okay.
Noriyuki: And just to clarify our two fencing types, we are using the black wrought iron
as the common lot buffers between the common lots and the buildable lots. Only four
foot, so we have got open vision and it's not a safety concern. But when it comes to the
private lots, their backyards, their side yards, white vinyl.
Bird: Okay.
Noriyuki: So, there is consistency.
Bird: But you are in agreement to do those four lots?
Noriyuki: Yes, sir.
Bird: Okay. Thank you.
De Weerd: Any other questions from Council? Thank you.
Friedman: Madam Mayor?
De Weerd: Mr. Friedman.
Meridian City Council
May 24, 2011
Page 27 of 50
Friedman: Thank you, Madam Mayor, Council Members, Councilman Bird. Just so that
we are clear from our end on when we have to go to enforce this development
agreement, I'm at least understanding Council Member Bird's intent. Also wanted to
just clarify that right now those lots are planned to be developed with phase three, which
will be the final phase of the subdivision. So, just a clarification on the timing for
Council's consideration.
Bird: I'd like to see it done in phase one, but I don't think they can probably do it in
phase one. And it isn't going to affect phase one or anything like that, so -- when they
do it.
Noriyuki: Okay.
De Weerd: Okay. Anything further from Council or staff? I would entertain a motion to
close.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close Item 8-D.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item D with the following comments: That item three
in the development agreement be modified to eliminate the reference to the number of
lots, but that it reflect that a letter of credit will be provided to the city in the amount of
125 percent of the cost of the activity described there and that that work will be
constructed between October 2011 and April 15th, 2012, barring any unforeseen
permitting issues. That the item number four in the development agreement be
modified to read that the applicant will comply with the settlement agreement between
the Dartmoor homeowners association as it relates to the Kingsbridge by Boise Hunter
Homes Subdivision and that the four lots in the southeast corner of the development
require that along with the building permit for the building of the homes, that they also
receive a building permit for fencing and that fencing be installed with the construction
of the homes. And subject to staff and applicant's comments.
Meridian City Council
May 24, 2011
Page 28 of 50
Bird: Second.
De Weerd: I have a motion and a second to approve this item with the changes as
noted in the motion. Any further discussion from Council?
Rountree: I have none.
De Weerd: Okay. Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Pete, I guess my question to you is I would imagine with this great new GIS
system we will be able to track the fencing requirements per building lot; correct?
Friedman: Madam Mayor, I certainly hope so, from everything I have heard about this
new system. But we will endeavor to somehow build in some redundancy so that we
can track those.
De Weerd: Well, make sure that -- I'm sure the adjoining property owner will --will keep
an eye on that as well.
Friedman: They are not even letting me near the new system. But we will certainly -- in
all seriousness we will make sure that we do track thatforyou.
F. FP 11-004 Kingsbridge Subdivision No. 2 by Boise Hunter
Homes Located East Side of S. Eagle Road, Midway Between
E. Victory Road and E. Amity Road Request: Final Plat
Approval for 36 Residential Building Lots and 6 Common Lots
on 18.86 Acres in an R-2 Zoning District
De Weerd: Thank you. Okay. Council, the next item, then, we have in front of you is
Item 8-F on final plat 11-004. Staff comments, please.
Parsons: Thank you, Madam Mayor, Members of the Council. I won't bore you with the
details of where the plat is located. I think we are all aware of it by now. But, basically,
again, you have acted on this. Before you is the preliminary plat. The proposed final
plat is, basically, 36 residential lots with six common lots. A majority of the -- a
percentage of open space with this phase of the plat will be approximately 2.8 acres. A
majority of that will be the interior 1.5 acre park. The remainder of that will be basically
landscape buffers along the street and, then, that common lot buffer along the northern
boundary. So, before you can see the phasing plan here that shows that here is the
landscape plan that the applicant is proposing. In the left-hand corner it does detail the
Meridian City Council
May 24, 2011
Page 29 of 50
fencing proposed along the common lots. So, that was required and attached to the
conditions of approval for the final plat that they comply with the fencing ordinance in
the City of Meridian. Staff did receive comments from the applicant this afternoon as
well. There are some changes requested before you this evening. So, the first one has
to do with site specific condition of approval number 14 and that's basically been
corrected in the DA modification. That's --what staff tried to do was attach that specific
DA provision for the irrigation improvements with the final plat, because it needed to
happen with phase two and so since Mr. Rountree -- or Councilman Rountree has
modified that condition, we will change that in the -- if it's your pleasure we can also
change that condition in the final plat to mimic what Councilman Rountree has specified
with the development agreement modification. And, then, in regards to the standard
conditions of approval number one, number three and number five, they are related to
Public Works comments. I have coordinated with Scott Steckline in Development
Services. He did received the applicant's comments and he is in agreement to making
those changes to those provisions as well. So, really, there are no outstanding issues
with you. All the other conditions the applicant is in agreement with. Staff has not
received any additional testimony on the final plat and with that I would be happy to
answer any additional questions you may have.
De Weerd: Thank you, Bill. Any questions?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Comments from the applicant? Any comments from the public?
Okay. Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As this is not a public hearing, we don't need to close it, so I move that we
approve Item F, the final plat 11-004 for Kingsbridge Subdivision to include all staff
comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-F with the noted changes.
If there is no discussion by Council, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
May 24, 2011
Page 30 of 50
E. Public Hearing: VAR 11-001 Kingsbridge by Boise Hunter
Homes Located East Side of S. Eagle Road, Midway Between
E. Victory Road and E. Amity Road Request: Variance
Approval to Deviate from the Dimensional Standards of the R-2
Zoning District
De Weerd: Item 8-E is a public hearing on VAR 11-001. I will ask for staff comments at
this time.
Parsons: One moment, Madam Mayor. The computer is thinking. While it's thinking I
t started. Madam Ma or Members of the Council, the application before you now
will ge Y ,
is that variance request. The question itself encompasses roughly 38.31 acres as
stated with the development agreement modification. The applicant is, basically,
re uestin to deviate from the dimensional standards of the R-2 zoning district. In
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articular that would relate to the side yard setback requirement. In this particular case
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staff is of the opinion that a blanket variance is not an appropriate mechanism to deviate
from that zonin district. In your hearing outline this evening we have tried to relay
9
those sentiments as they relate to the variance findings as well. I did want to note to
Council that in the staff report the blanket variance was stated for all 72 lots. About 5:30
this evenin I did receive an a-mail from the. applicant in response to the staff report and
9
he sent over an exhibit that detailed which lots were to --that he wanted the variance to
cover and which lots were to remain subject to the R-2 standards. Unfortunately, it
looks like the computer is froze up on us and I can't get to that exhibit. If you give me a
chance I mi ht be able to get the overhead projector going and get that exhibit on there.
g
But, essentially, what you have is -- if you remember the plat, all the perimeter lots --
that's rou hl 27 lots, would stay consistent with the R-2 standards and that would leave
9Y
a roximatel 45 lots that they want to be subject to the 7.5 side yard setback.
pp Y
T icall with two story homes in the R-2 zone you would have to provide a 15 foot
Yp Y
setback. If ou had a flat facade or step it in the second story seven and a half feet, if
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ou wanted to modulate that building. Basically, what it looks like is that -- whats
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trans fired is the applicant's come forward and proposed approval of a preliminary plat
p
and it appears that they might not have taken into account the design of the homes or
the lot confi uration prior to designing their home. So, that seems to be the preface for
g ~ •~
re uestin a variance. It's staffs determination, as we have pointed out, its supposed
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to be more oriented towards a lot by lot, case by case -- basic lot specific basis. And so
technical) the applicant would have to apply for a variance for every single lot in order
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to deviate from that standard, not just be granted a blanket variance. In previous
meetin s with the applicant it was discussed to go through the PUD process or possibly
9
rezone the property and they chose to go forward with the plat as is and subject to the
R-2 dimensional standards. So, in getting the applicant's testimony today -- of course
staff is recommending denial. He's requesting that Council approve his request.
Unfortunately, I wasn't able to get you their applicant's comments in time, as they came
late after the print date of the hearing outline notes. But basically the gist of that is,
basicall ,he's detailed some hardships on why he thinks Council should approve the
Y .
variance. I will let the applicant go into that -- into more detail with you on that. But,
a ain, That in closing staff is recommending denial of the variance, just on the basis
9
Meridian City Council
May 24, 2011
Page 31 of 50
that we can't meet the findings and also for the fact that variances aren't meant to be as
a blanket -- on a blanket basis. It has to be lot by lot, case by case basis. Given the
fact that this property is vacant, it's flat land, there is no natural features that impede
develo ment of this site, in compliance with the R-2 standards, staff has recommended
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denial. A ain, there are no other outstanding issues before you with the preface of just
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the variance isn't an appropriate mechanism to proceed with the deviation and with that
I would be happy to answer any questions you may have.
De Weerd: Thank you, Bill. Any questions from Council? Okay. Would the applicant
like to comment? For the record, if you will state your name and address.
Nori uki: Madam Mayor, Members of the Council, Scott Noriyuki, 3106 Ridgeway
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Drive, Boise, Idaho.
De Weerd: Thank you.
Nori uki: Bill, is there an overhead we can -- thank you. Hopefully we can get this
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exhibit up just to kind of give everybody a flavor for the specific lots that we are
re uesting the side setback variance. Wonderful. Okay. So, all of the lots -- the
q
erimeter lots in the yellow we are not requesting any variance or relief from the side
p
setback requirements. All the ones in the pink we are. We are not asking for any
reduction on the first floor seven and a half foot side setback, we are strictly asking for a
reduction in the second story side setback to reduce it from 15 feet to seven and a half
feet. I realize that there may be an appearance to a certain degree that this was a
failure in planning or an afterthought. It's, actually, a culmination of several items that
we feel are hardships. Some are previous to submittal of our application, some are
during the entitlement process, and we have some concern ones following our
entitlement and our continued negotiations and work with phase two -- or, excuse me,
hase one existin residence. As I believe you will recall, there was quite a bit of
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hardship with the phase one existing homeowners and the state of affairs with the HOA
and the CC&Rs and their financing. With that said and not to be long winded, we --they
have put together an advisory committee that meets with us oftentimes and we discuss
eve hin from ACC guidelines to CC&R requirements or modifications to finances.
~ g
One of the key items that they have strongly requested from us is to remove the
allowance within the CC&Rs to allow for exterior RV parking and what they are
requesting is that all homes cannot have outdoor parking. So, with that said we want to
offer enclosed parking. On an 80 foot wide lot, when you take away the 30 feet after
those side setbacks and you're trying to build a structure that has two, maybe three car
garage, plus an enclosed RV parking, it just -- plausibly it -- it doesn't work
mathematically, unless we have got just a small section with a front door and we'd like
to have a better elevation. Also we'd like to better design flexibility, so that we can
satisfy any and all of the potential buyers that we are going to have. So, those are the
initial ones, but in addition to that, this project has got a tremendous history and a lot of
concessions we have made that are a bit of a hardship or clearly a hardship. The
number one being our agreement and commitment to this settlement agreement and
provisions set forth with adjacent owners to keep the perimeter lot substantially larger
Meridian City Council
May 24, 2011
Page 32 of 50
than the R-2 minimum. With that said, if you calculate the average overage above
12,000 square foot minimum, we ended up with approximately 250,000 square feet
above and beyond what we would have to do by simply conforming to code. With that
said, that equates to roughly about 20 potential lots that we could have built, but we
have lost. In addition to that, we have six lots -- perimeter lots that have been identified
as sin le story only. This was another agreement that we carried through, being
9
nei hborly, and negotiations. That s naturally going to reduce some of our design ability
9
and maybe may turn away some potential buyers. Essentially we are restricted on
those lots. So, from that standpoint we are up to 26 lots with issues or pure losses.
Additionally, the -- excuse me. Additionally Boise Hunter Homes has put in -- either in
contribution financially or improvements, 30,000 plus or minus dollars towards the
phase one HOA and the state of affairs as far as getting systems turned back on,
etting landscape maintenance out there, fixing pressurized irrigation pumps, making
9
sure that the clubhouse is orderly and being taken care of and not freezing in the
wintertime. So, we are looking at this as kind of a snowball effect, where maybe one
inde endent item ma be is not viewed clearly as a hardship or potentially was identified
p Y
earlier on. But as we have stepped through this process and we have made these
commitments and these negotiations and continued negotiations this has become a
hardship and I'm respectfully requesting your support on this. With that I stand for
questions.
De Weerd: Thank you, Scott. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As I recall, many of the legal hardships involved in this were due to the fact
that originally this and Dartmoor were all one property and Dartmoor was established
under the county's ability to cluster settlements, to put the number of homes that could
have been put over the whole acreage were clustered and the rest of was guaranteed to
be open space for like 20 years. And I understand that as it was separated and new
owners took on the open space and tried to develop it, it caused a lot of legal problems.
I don't believe that meets the intent of the hardship in our code. The hardship is
physical attributes of the property, like a canal that snakes through it or a cliff that runs
through the middle of it or some other thing that physically prevents you from doing it
and it's my opinion or my recollection that the provision in our code to allow hardships
doesn't -- doesn't include legal hardships and before our fire representative leaves I'd
like to ask a question. Bill Johnson -- he left. As I understand it, the setbacks, to begin
with, were generated by the fire department and sorry to catch you --
Johnson: I'm suffering from some allergies --
Zaremba: Yeah. I'm sorry. My question is as I have been involved in various
committees that have been writing or rewriting codes and stuff, the issue with setbacks
-- usually fire department's concern, in order to get equipment into second story fires
Meridian City Council
May 24, 2011
Page 33 of 50
and stuff like that, you -- you need more space, as I understand it, and I guess I need an
opinion from you about setbacks.
Johnson: Yeah. In the department we do like to have more setbacks between houses,
because to reach a second story window we have got to throw a ladder up and usually
we are looking at ten to 12 feet up, we need five to six feet to get the ladder at the right
climbing angle, so we can safely work and you start shrinking that down and, then,
throw a fence in between and all of a sudden we are looking at three, four feet, we can't
even get the guys around there to get up to make access in through those windows on
those sides. So, you know, cutting the setbacks down to zero lot lines, that type of stuff,
really isn't in the best interest of fighters accessibility and ability to do our job. So,
hopefully that answers your question, Councilman.
Zaremba: Thank you. It does.
Noriyuki: Could I clarify that we are not -- we are not requesting any zero lot lines. We
will adhere to the first floor side setback, which is seven and a half feet.
Bird: Madam Mayor?
DeWeerd: Mr. Bird.
Bird: Scott, I, too, am quite concerned on -- regarding the fire. My biggest concern is
when you have windows up there and the first thing that's going to blow out in a fire is
your window and, then, you jump, but --when you're too close. In your designs is there
a reason that between houses that you have to have a window there? Not that -- all
rooms upstairs should have an escape window.
Noriyuki: If I could, I would prefer to defer that to my client, because he's got a better
understanding of the --the actual design and the architecture.
De Weerd: Well, we will ask for that comment. Any other questions at this point for
Scott?
Rountree: Madam Mayor?
DeWeerd: Mr. Rountree.
Rountree: I think the intent of the setback is as Councilman Zaremba indicated, is fire
protection and protection of property and life. And one of those things that we have
dealt with in other areas and the way we have dealt with it is either providing adequate
water supply on some of the smaller homes and some of the smaller subdivisions, but
also requiring fire sprinkling. I don't know if you have entertained any of those kinds of
things in your homes previously, but that would be something that might mitigate the
setback issue, but -- and result in an increased safety for the occupant, as well as the
property. The other thing is this is an R-2 subdivision and in my mind that was the
Meridian City Council
May 24, 2011
Page 34 of 50
intent of you all when you purchased it, that was the intent of the original developer, and
that is not a subdivision where houses of the magnitude that you're talking about, are
juxtaposed to the people who live there and the people who visit there, as if they are
stacked on one another. So, space, I believe, is as much a part of your design in that
kind of a subdivision as the design features itself on the homes, so I have a problem
with both of those, to be honest with you. I mean that's just where I'm coming from.
And, then, I have a tough time making the argument to -- to meet the arguments that we
have to meet in order to allow a variance and I'm still open to try to find that, but at this
point I haven't. So, keep talking, I guess.
Noriyuki: Thank you. I appreciate that. Take all the time I can. Once, again, I want to
go back to the collective effects of all of these negotiations and these design criteria or,
rather, constraints, as well as entertaining and seriously considering the input from the
people who actually live within Kingsbridge phase one and their involvement and
knowledge. We have had two independent neighborhood meetings specific to this. I
believe as you can see there is not a lot of concern, that's because our communication
is very open and forthright with them. They are supportive of this. They understand
what we are doing. It makes sense to them. They are very accustomed to what the
product type is going to be and they are supportive of that. However, I want to go back
to all of these hardships, the key ones being naturally these very, very large perimeter
lots, specifically if you go over and you look at the eastern property boundary, in order
to achieve support and get through the process we were held -- we were held to that
criteria on the eastern property line specifically and the northern and, once again, in the
R-2 density we could have achieved an additional 20 lots, theoretically. With that we
have had a huge hardship from our standpoint, which is -- I realize it's legal and it's
negotiations, rather than topography, but .it's still a real factor that's affected us and
created a hardship.
De Weerd: But as you look at the points of law that Council needs to find, economic is
not an argument. Economic hardship is not in our criteria that I recall. And that's --and
that's what you're appealing to. I would imagine on a case-by-case basis you can look
at your setbacks and address the concerns from the fire department for access to the
second floor on that life safety issue and whether you locate the house at an angle to
gain more -- more access to that second floor window or what have you, but to do a
blanket variance based on an economic hardship -- it doesn't fall within the findings that
we can base a decision on. Now you see what they are trying to -- it's -- you can't find
it.
Noriyuki: Agreed. And Iguess -- not to be persistent or redundant, but I guess if we
could just look at it from an additional respect of maybe above and beyond an economic
reality, more from a standpoint of we have been constrained from all sides in our
design, rather than being able to be on a vacant flat piece of property that we are
accustomed to, we have had these exterior constraints around the entire property
boundary and these commitments that have genuinely driven this design. There hasn't
been a lot of room for us. So, I guess I feel like we have made these big concessions
which have squozen -- squozen? Is that a word?
Meridian City Council
May 24, 2011
Page 35 of 50
De Weerd: That was a good word.
Noriyuki: Thank you. Yes. Has affected the interior lot.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, Imean Ithink -- I think all of you have
really hit it on the head and I guess maybe I would say it differently than Mr. Noriyuki.
mean all of these -- all of those constraints -- and I recognize that this current developer
is not the original developer, but all of these are self-imposed. Imean this is part of a
negotiation process and all of our processes are -- are negotiated between property
owners and that's why we provide notice and that's a discussion point at the front end of
the process and so all these constraints that your current client purchased were all self-
imposed as a means to get approval for the project. So, under the state statute for
variances that's not a consideration that the Council can take. The undue hardship is,
as Council Member Zaremba stated, related to the characteristics of the site. Not the
site you negotiated to be constrained, but the site topographically is constrained. The
message or the concern I would have is that we -- we create a lot of public process for
people to have input on what they would like to see happen and, then, ultimately, the
Council decides what's acceptable to the city and the other provision about creating a
special right I think is what the staff report is saying is -- would be granted is because
the message we would be sending is negotiate anything you want and whatever doesn't
comply with our ordinance we will just vary it and that's -- that's concerning to me to try
to defend that, that we direct people to go out and negotiate and talk to neighbors and
get that type of input and whatever doesn't fit our ordinance, then, come in and ask for a
variance and, then, we will simply grant it and -- and I don't think the state statute
supports that. I don't think. that's what the state statute was trying to set up. I would
agree with the staff that the state statute doesn't specifically prohibit blanket variances,
but it talks about variances in a very individualized context of running with the property
based on that property's individual characteristics. So, we are not talking about a plat of
land of size, we are talking about individual parcels. So, I think we would have some
difficulty establishing what Mr. Noriyuki is asking in regards to an entire plat and the
number of parcels and not the individual ones, but also to meet the requirements of the
statute in relation to granting a special right or by not showing any real hardship related
to the site specifically, other than what was agreed to by the developer. Just my
thoughts.
De Weerd: Anything further from Council?
Bird: I have none.
Noriyuki: Thank you.
Meridian City Council
May 24, 2011
Page 36 of 50
De Weerd: Thank you. This is a public hearing. Is there any additional public comment
on this item?
Boyle: Good evening, Mayor and Council Members.
De Weerd: Good evening.
Boyle: Appreciate this opportunity to be in front of you. I feel like I had to get up here.
It seems like there has been a drought and now there is a few drops of water finally
coming in, so --
De Weerd: Can you state your name and address. Not that we don't remember who
you are.
Boyle: It's been so long I almost forgot how to do this. Clint Boyle with Landmark
Engineering. Business address is 332 North BroadmoorlNay in Nampa.
De Weerd: Thank you.
Boyle: Thank you, Mayor. Appreciate the comments tonight and this has been a
difficult one for Mr. Hunter of Boise Hunter Homes. Essentially, I wish there were more
developers like him out there that pick up messes that have been left behind due to fall
out of -- of the economy and now he's striving to do some clean up here and bring a
nice project into the city from something that has left a lot of property owners in the city
discouraged it sounds like. The variance is a difficult one. I understand that information
from the city attorney about the blanket variance, so if I could just drill down to Lot 33,
Block 4 -- no, I'm just -- I'm just getting kidding. Actually, in all seriousness --
De Weerd: We were ready to look at --
Boyle: You were ready to look at that specific lot and maybe we could look at the
difficulties that it has. This particular project --the difficulty that the developer has, quite
frankly, is that the lots around the perimeter are large as this development went through
due to surrounding properties and whatnot. Were he to have a blank artistic slate with
an R-2 designation and come in with those minimum lot sizes across the entire project,
he would have 20 more lots. With the street configurations the way they are. If he
hadn't done those perimeter lots and just had the standard R-2 zone that's granted to
any developer coming in that has a blank slate.
De Weerd: I think Scott --
Boyle: Scott covered that?
De Weerd: -- covered that.
Meridian City Council
May 24, 2011
Page 37 of 50
Bo le: And so that -- that was one issue that I think is a little different than what you
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mi ht have from a standard subdivision coming in with an R-2 zone. This project
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actual) started out in its past history in the county with the designation of R-3 that didn t
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fit within any zoning and, then, that R-2 is kind of what it got wedged into, so to speak. I
uess this evening -- and I understand the fire department as well. We certainly want to
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comply with fire code and -- and their requirements. I know different zoning
desi nations in the city have different setbacks as well. So, I don't know that it's
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unnecessarily a fire code issue, but we certainly want to comply with their requirements.
I sim I at this point -- because it sounds like the Council is having difficulty fitting this
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into any sort of justification on the variances -- would be to request maybe some
discussion from Council. We have talked with staff about some alternatives. Some of
those related to -- to PUD or rezoning. Maybe it was rezoned to an R-4 zone, but the
development agreement was amended again to specifically require R-2 size on the lots
and the development layout like you see in front of you, but, then, to give us some
flexibility in the setback and maybe we just say the minimum setback is a seven and a
half foot, but it's .under an R-4 zoned property on these interior lots. Just looking at
some options to see if the Council would even entertain that, so we don't have to come
back if it's completely off the table or if it is an option maybe the developer has some
options if he really feels like he is going to have some difficulties with his -- his home
style. He builds a great home, if you have ever been through any of Mr. Hunter's homes
they are very nice. Homes that I think the city would be proud of and he's just trying to
fit some of his models on -- on these lots and when you end up with 15 feet on either
side, carving 30 feet out on the side setbacks, makes it difficult for him. But if we could
maybe just get a few comments on that to see if that's even on the table, that would be
great. Thank you.
De Weerd: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I certainly am not adverse to considering an application to change what we
are viewing in pink. I believe that's the color. To R-4 if that would change the
requirements. Personally, I would far rather see that than grant a variance. I find
variances difficult -- if we have rules or we have an alternate rule that actually would
accommodate what you're trying to do, I'd rather change the designation and not make
it a variance. Personal opinion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Question for Bill or Pete. How are we with respect to open space? Are we
right on the necessary amount or are we over? If we are how much?
Meridian City Council
May 24, 2011
Page 38 of 50
' n: I'll defer to Bill on that. He's got a more familiar -- you know, in order to
Friedma
nd a royal the relimina plat, which we did, it obviously did meet the
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' ' ualification re uirements for open space. So, at least we know we meet the
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minimum. Bill could probably show you the specifics of that.
ns: Madam Ma or Councilman Rountree, Council Members, the preliminary plat
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ition a royal of that re uired 5.32 acres of open space and that s tied to that. As I
cond pp q
mentioned earlier in my presentation, this phase two will have 2.8 acres, so you can
ntici ate a little bit more o en space with phase three as well. So, it should be -- it
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should suffice. We should be -- like Pete mentioned, it is -- it was found to be in
com liance. I'd also mention that the application's proposed two additional amenities
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that weren't re uired by code, so -- with a tot lot and those types of things, those
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amenities -- three amenities where they only had to provide two. So, that s something
to think about as well.
Rountree: And I can't read the dimensions on this graphic. What are the dimensions
average on those lots? Interiors.
Parsons: Oh. Councilman Rountree, I can answer that question foryou. Those interior
lots are -- meet the R-2 standards, which is 80 feet of frontage. Some vary slightly, but
at least it would be eight feet to comply with the R-2 zoning standards. Those lot sizes
are roughly 12,000 square feet and larger.
Rountree: And how big is the large parcel in the middle of subdivision that I assume is
the pocket park or the small park that they are talking about?
Parsons: Yeah. That neighborhood park is 1.58 acres.
De Weerd: Well, isn't the side setback on an R-4 five feet per story? So, isn't even the
side on an R-4, isn't that ten feet? I don't know.
Parsons: Madam Mayor, if you would give us a second we will look that up.
De Weerd: Okay.
Friedman: Madam Mayor, an interior side yard setback is five feet in the R-4 district.
Rountree: And the second story is an additional five feet?
Friedman: No. There is no --
DeWeerd: No?
Bird: Justafivefoot--
Friedman: Just a five foot --
Meridian City Council
May 24, 2011
Page 39 of 50
De Weerd: That changed, didn't it?
Rountree: It changed.
Friedman: Yeah. That's the interior yard.
Bird: We have never had it by story since I have been on.
De Weerd: Maybe when I built my house I had to set it back because of the bonus
room.
Friedman: Madam Mayor, Council Members, just for clarification, there is a lot of
numbers that have been thrown around and I just think one thing that should be noted is
-- that was alluded to was the change from the R-3 to the R-2. The only dimensional
standard that changed when those zoning classifications changed were the street width
--the lot width of the street. The setbacks have always been the same, so --this was a
point of discussion at the Planning Commission on the preliminary plat and it came up
again tonight and I would just like to set the record straight that the setbacks themselves
have not changed with that change in the zoning.
De Weerd: Council, any further information needed?
Rountree: I don't need anymore information.
Bird: I don't.
De Weerd: Okay. If there is no further information needed, do I have a motion to close
the public hearing?
Zaremba: Madam Mayor, I move we close the public hearing.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'll preface my motion by saying that I don't have any particular objection to
this coming back in some other form, if it means a rezone for a portion of it or some
other thing. Following that my motion is that I --
Meridian City Council
May 24, 2011
Page 40 of 50
De Weerd: Mr. Zaremba, maybe we could just have discussion comments before the
motion.
Zaremba: Oka . I will hold that off and I will, then, make my comments, which are I
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don't have a problem having this in another form, but I dont see this qualifies as a
variance and, in addition to that, I'm not too thrilled with a blanket variance.
De Weerd: Any other comments? Mr. Rountree.
Rountree: Madam Mayor, thank you. I agree with what Mr. Zaremba has said. They
asked for our consideration of a variance and I -- again, I can't make that connection. I
can understand where they are coming from in terms of wanting to get the value out of
those lots and fi ure out some way to make it work. I hear our ordinance, I understand
9
wh the ordinance is the way it is. I don't know if it could be something less. I heard the
Y
applicant indicate that they would have CC&Rs that would provide that extra space -- or
that s ace that they were asking for free of obstruction in the form of RV. I think an
p
ar ument could be made that if you make that space larger you probably have an
g .
inducement to make people want to use that space for more stuff other than a potential
fire ladder supports. So, I think I would entertain something other than a variance
re uest with this applicant. I don't know what kind of time they are looking at, but it
q
seems to me is something less reasonable and what is that something less in terms of
setback, I don't know. Though I am very concerned about the fire response, obviously.
And public safety. My position on the hearing is that I can't -- can't support the variance,
but I certainly could support sitting down and trying to craft some kind of a solution,
whether it's an amendment to our ordinance or -- or maybe looking at some type of
rezone that would make it work. But to me the rezone that would make it work takes it
out of that realm of R-2 open space design quality that R-2 intended to accomplish, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, agree that while I absolutely don't want a blanket variance when you're
talking about life safety, I would certainly entertain a solution, if it could be worked out
between staff and the applicant, like Councilman Rountree said -- and Zaremba both --
if we have to rezone it we can take a look at that. I know the applicant surely knew what
the plat was when he bought the property, so it was no surprise to him that -- and he
knew what model homes he was building. So, I would -- I can't support a blanket
variance, but I could certainly support something on a change, if they can work
something out. I would definitely support something like that. My biggest fear is that a
seven -- going to a seven and a half foot setback, that's great, that's foundation to the
property line. A lot of second story homes stick out two to three feet out from the
foundation by the time you get to the second story, a lot of them do. So, now you're
back down to three and four foot and we got too many of those out there already.
That's my thoughts on it.
Meridian City Council
May 24, 2011
Page 41 of 50
e Weerd: I think the bottom line is there is -- there is a willingness to work with the
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a licant but the variance a lication is not the right vehicle. We dust cant find the
pp ~ pp
le al findin s. So I think if staff can work with the applicant to find the appropriate
g g ,
mechanism to --and I'm sure ou have explored this, but it seems that there is certainly
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an understandin from Council on what the issues are and the challenges. We don t
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want to chan a the inte rit of the subdivision. I have no doubt that the applicant has
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worked Ion and hard with the homeowners association to maintain the overall vision
9
and ou're t in to work within some of those constraints. But if we can get our heads
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to ether on this again, see if we can find another way to approach it.
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd also like to add that I certainly am not here to stop an economic development.
In m words, this is economic development for us and I don't want to stop it, In the
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same token I want it done right. And I'd love to see something worked out so that you
guys can continue on, which you do do a good product. Thank you.
De Weerd: Okay. Mr. Zaremba.
Zaremba: Madam Mayor, as we have all acknowledged, this comes without prejudice
as they say, but I move we deny the variance application.
Rountree: Second.
De Weerd: I have a motion and a second to deny Item 8-E. If there is no discussion,
which we have heard much, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9: Department Reports
A. Mayor's Office: Resolution No. 11-786: A Resolution of the
Mayor and the City Council of the City of Meridian, appointing
Blaine Johnston to Seat 2 of the Meridian Historic Preservation
Commission
De Weerd: Okay. Item 9-A. Council, in front of you you have resolution 11-786. In
front of you is an appointment for Blaine Johnston to seat two of the HPC to April of
Meridian City Council
May 24, 2011
Page 42 of 50
2013. And so I would entertain any questions on this appointment orwould ask for your
confirmation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve resolution number 11-786.
Rountree: Second.
De Weerd: I have a motion and a second to approve the appointment of Blaine
Johnston to seat two of the HPC. Is there any further discussion -- or any discussion?
Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Mayor's Office: Resolution No. 11-787: A Resolution of the
Mayor and the City Council of the City of Meridian Appointing
Board Members to Seats 8 and 9 of the Meridian Development
Corporation
De Weerd: Under 9-B, Council, in front of you is a resolution on 11-781. As you're
aware I came in front of you about a month ago to request the seats -- currently the
MDC board has seven. We added two of the allowed seats to bring it to the maximum
of nine. We conducted interviews with the chair of the MDC. We do have one of the
appointments in front of you that resides in the Urban Renewal District and has a lot of
energy. In fact, it was exhausting after the interview she has so much energy. She's
got a lot of enthusiasm and ideas for -- that she can bring to the MDC. The second
member has been attending the last several months meetings of the MDC. Also has a
lot of interest and ideas that the chair of the MDC and I feel that these two appointments
can add great value to the Urban Renewal District. We are appointing these to August
of 2011, as they are new seats and we want to get them in a regular rotation, so that all
seats don't come open at the same time and I would stand for any questions.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Do you have names assigned to those descriptions?
Meridian City Council
May 24, 2011
Page 43 of 50
Na :Madam Mayor, Members of the Council, on your packet is one with the names
and it's -- I think the earlier one didn't have it and, then, we got the information from the
Mayor's office, so it's on there now.
Rountree: I'm 'ust asking -- it would be nice to have them on the public record.
1
De Weerd: Jennifer Pike is one and Dan -- I don't recall his last name.
Bird: Just a second, I'll get it.
Nary: I'll get it in one second. Dasalone.
Bird: Yeah.
De Weerd: Dasalone. Okay. Will you spell that, Mr. Bird?
Bird: Yeah.
De Weerd: Any questions that I can help Council with?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-B, resolution 11-787 appointing Jennifer Pike
and Dan Dasalone to Meridian Development Corporation.
Zaremba: Second.
De Weerd: I have a motion and a second confirming the appointments to the MDC
board. If there is no discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
C. Police Department: Line Item Reallocation Request to Acquire
Funding to Hire a Third Party Agency to Develop a Strategic
Business Model for the Future Public Safety Training Center
for aNot-to-Exceed Amount of $46,000.00
De Weerd: Item 9-C is under our police department and I will turn this over to our chief.
Nice to see you still here with us.
Meridian City Council
May 24, 2011
Page 44 of 50
Lave : And smilin . Madam Mayor, Council, the first item on the agenda under the
y g
olice de artment re ort is for converting not to exceed amount of 46,000 dollars from
p p p
ca ital to rofessional services line item in our budget. So, this is just really the
p p
accountin ur ose of moving money from one budget to another and the purpose of
gp p
this is for the strate is business plan for the public, safety training center. I believe I
9
have s oken in front of Council on this in the past. I will tell you that when I did speak
p
with Council two weeks ago I made a comment that we may be able to get a price
reduction. The current contract is for 40,600 dollars. I did ask them to remove a couple
of items that would have allowed us to -- to do add on's and so if we are going to do
that that will be in a separate item. So, still would like to keep that 46,000 dollar
transfer over, but currently we will be asking to spend 40,600 dollars. Any questions?
Bird: Madam Mayor?
DeWeerd: Mr. Bird.
Bird: Hearing none, I move we approve the line item allocation -- reallocation request
for 46,000 for the police department.
Zaremba: Second.
DeWeerd: I have a motion and a second. Any discussion? Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
DeWeerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. Police Department: BudgetAmendment: Additional Funding
for Investigation Expense for aNot-to-Exceed Amount of
$9,000.00
DeWeerd: Item 9-D is also the chief.
Lavey: Madam Mayor, Council, this item I also spoke about two weeks ago and this is a
bud et amendment. I do believe this is an emergency request. This has to do in
g ,
regards to the homicide that occurred in the Walgreen s parking lot and we have been
asked to provide some additional forensic testing involving the firearm and gun shot
residue. Currently our state crime lab is incapable of doing those tests. We have to use
a private lab. And we are requesting a budget amendment in the amount of -- not to
exceed 9,000 dollars that will be placed into our investigative line item and the caveat to
this is that the Attorney General's Office, who is currently handling this case, has agreed
to pay the expert testimony at trial if needed at a lost of 12,000 dollars. So, with that
being said I will take any questions.
Meridian City Council
May 24, 2011
Page 45 of 50
De Weerd: Thank you, chief. Any questions?
Bird: I have none.
Rountree: No.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the budget amendment for additional funding for investigation
expenses not to exceed 9,000 dollars for the police department.
Zaremba: Second.
De Weerd: I have a motion and a second to approve this item. If there is no
discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Lavey: Thank you.
E. Amended onto the Agenda: Legal and Planning Department
Report: Delegation to Boise CitylAda County Housing
Authority of Agency to Purchase U.S. Housing and Urban
Development (HUD) Dollar Home
F. Amended onto the Agenda: Legal Department: Resolution
No. 11-788: A Resolution Delegating Authority to Purchase
Dollar Home from the U.S. Department of Housing and Urban
Develo ment; and Providing an Effective Date Approved
p
G. Amended onto the Agenda: Legal Department: Memorandum
of Agreement Designating Boise CitylAda County Housing
Authority as City's Agent to Purchase HUD Dollar Homes
De Weerd: Thank you. Okay. There is three additional items on our agenda, Council.
9-E is from our Legal and Planning Department. I will turn this over to Lori. I'm never
quite sure where to address it.
Meridian City Council
May 24, 2011
Page 46 of 50
Nary: Ladies first.
De Weerd: Ladies first.
Den Harto :Thank ou, Madam Mayor, Members of the Council. And I will defer to Bill
g y
as we o throu h. We had an opportunity arise approximately two weeks ago for a
g 9
dollar HUD home that was available in Meridian. I believe Mr. Nary discussed briefly
with ou some of the staff discussions that have occurred last week and it was clear and
Y
staff was in a reement that the city didn t want to be directly involved in the purchase of
9 .
that home. It involved a number of complications and part of the reason this as arisen
and art of the reason I'm here is it was identified in our Community Development Block
p
Grant consolidated plan for the city to purchase a dollar HUD home when it became
available. Those homes rarely become available. Any homes that HUD obtains
throu h the foreclosure action they put on the market for six months at a fairly reduced
9 .
rice. They are often sold then. If they are not sold during that time they are offered to
p
the local governments for a dollar plus closing costs. The caveat to that is we had met
with the Ada County Housing Authority prior to last Council meeting and they had
identified that they have worked with the city of Boise and the city of Boise has
designated them to act on their behalf in these types of purchases. We had had some
-- a little bit of conflicting information out of the HUD office in DC, but we have done
some additional research and we have done some additional meetings and
conversations with Ada County Housing Authority -- the end result of that being is that
the ut in a bid for the home riot to the closin of that opportunity and that was last
Yp p g
week Wednesday, May 18th. So, they put a bid in on the home for the dollar plus
closing costs and they understood that we may not move forward and designate them.
They had ten days to cancel their bid. We are still within the period for them to cancel
their bid. So, we are here before you tonight to propose a resolution that officially
designates the Ada -- the Ada -- I cannot say their name -- the Ada County Housing
Authority to act on our behalf in the purchase of this home. The city will never expend
any funds, the city will never be on the title of this home. The housing authority will do
all of the necessary rehab, they assume all of the responsibility, the idea being that they
move forward and either sell the home as an affordable housing unitto a qualified low to
moderate income family or utilize the home as an affordable rental unit in Meridian. The
housing authority has a great desire to have more of a presence in Meridian, they were
very excited about this opportunity, so we are looking forward to more ways to partner
with them. So, the next item was the resolution and, then, the second -- or the item
after that, excuse me, was a memorandum of agreement between the city and the
housing authority that explicitly spells out their responsibility and the city basically
saying thank you very much and go on your way. So, with that I'm happy to stand for
questions. I don't have before you a signed copy of the memorandum of agreement
between the housing authority and us. Their executive director has been out of the
office today, but in talking with their staff there is just a few minor nonmaterial changes
that we will probably be making and I will let Bill perhaps address how we need to
handle that and move forward.
De Weerd: Okay. Mr. Nary.
Meridian City Council
May 24, 2011
Page 47 of 50
Na :Madam Ma or, Members of the Council, yeah, I mean Lori stated it correctly. I
ry Y
mean what we tried to do is work through the issue with some conflicting advice and we
feel this is the best protection for the city in designating the Ada County Housing
Authorit as our a ent, but also them agreeing to basically take the responsibility and
Y g
liabilit of the urchase. As with all things legal, there is always a wrinkle or two and
Y p
Mrs. Watson made a couple of changes --just cosmetic changes to the agreement, but
didn't run it b her legal counsel to verify that legal counsel didn't have any concerns.
y
So, I uess my -- my suggestion is if the Council is comfortable with the general idea
g
that the would become our designee for this purpose, the city would not be liable for
Y
anything in regards to the purchase, anything in regards to the closing costs, or
an hing in regards to the repair or maintenance or anything with the home. If we need
Yt
to work on some details -- because we have a two week gap and there is a time limit
here in which they can keep this bid open, keep this bid alive to purchase this home, if
the Council is comfortable with that, if there is any substantive changes, then, I think it's
oing to die. I don't think we can -- I don't think it would be reasonable to go forward.
g
But if they are really dust cosmetic issues, if the Council is comfortable in directing the
Mayor to sign or the Council President to sign once we get the final notes from their
counsel, then, I think we can go forward, as long as we are all comfortable that it may
not look exactly like this, but it won't look substantially different than the agreement
that's in front of you.
De Weerd: Thank you, Mr. Nary. Any questions?
Bird: I have none.
De Weerd: Okay. I guess, Council, we have on Item 9-F is a proposed resolution 11-
788and you have that in front of you.
Bird: Do you want a motion, Mayor?
De Weerd: Yes, please.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve resolution number 11-788.
Rountree: Second.
De Weerd: I have a motion and a second to approve the resolution as proposed in front
of you. Any discussion? Madam Clerk, roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
Meridian City Council
May 24, 2011
Page 48 of 50
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: And, Mr. Nary, in regards to the memorandum of agreement, is there
specific action that needs to be taken on this in approving it without the changes that --
theminortweaks that need to be made?
Nary: Yes, Madam Mayor. Because we have got this gap, if the Council is comfortable,
I would suggest that the motion be thatthe Mayor or Council President can sign the final
version once the housing authority had signed it and there are no substantive changes
to the document that you have.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The one I have got, Deanna Watson has already signed it.
Nary: Yes. Madam Mayor, Members of the Council, Council Member Bird, she did --
shedid make the cosmetic changes, signed it, sent it back to us, we fixed those in the
text and, then, her counsel called this afternoon and said I haven't looked at it yet, so I'd
like to have time to look at it. So, you're right, you do have one that's signed, but he's
asked us to hold off approving that agreement until at least he's looked at it.
De Weerd: So, if you're comfortable, Council, that -- to approve the memorandum of
agreement in front of you, as long as there are minor -- if there are minor, no
substantive --
Nary: Right. No substantive changes, ma'am.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-G, the memorandum of agreement between
the Ada County Housing Authority and the city's -- as the city's agent to purchase a
HUD home, authorize the Mayor to sign and Clerk to attest, subject to having no
substantive changes provided within the next two weeks.
Bird: Before I second that --
Nary: Madam Mayor?
Meridian City Council
May 24, 2011
Page 49 of 50
Bird: --would we --
De Weerd: You would need to second it before you discuss it.
Bird: Okay. I'll second it then.
De Weerd: Thank you. Mr. Bird.
Bird: Motion maker, did ou also intend to say that the Acting Mayor also would be --
Y
Rountree: I just work on the assumption that the Mayor is the Mayor, depending on
who is filling those shoes at the time.
Bird: Well, I do, too, but he told me different, so --
Rountree: If that needs to be clarified, that's the intent of my motion.
Nary: I think it's clear. That's fine.
Rountree: Okay.
De Weerd: Authorize signature.
Bird: Yeah. I agree.
De Weerd: Okay. Mr. Zaremba, did you have a question?
Zaremba: That was my question.
De Weerd: Same question. Okay. Okay. Any further discussion? Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10: Future Meeting Topics
De Weerd: Council, we are at Item No. 10, future meeting topics. Any topics to
considerforfuture topics -- orfuture agendas?
Bird: Not at this time.
Rountree: I have none.
Meridian City Council
May 24, 2011
Page 50 of 50
Zaremba: Not forme.
De Weerd: Okay.
Bird: Move we adjourn.
Rountree: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 9:27 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
~~
MAYOR TA De WEERD
~1~-TI NCB lV~~gY02
ATTEST: j~
JAY
DATE
Changes to Agenda: Add Items•
EC~IVE~
9. E. Delegation to Ada County Housing Authority of Agency to Purchase U.S. Housin and MAY 2 4 2011
Dollar Home- Legal and Planning Depts. g ~~~~~
CITY CLERKS OFFICE
9. F. Resolution designating the Housing Authority as the Citys agent in the purchase of Dollar HUD Homes.
9. G. MOA releasing City from all responsibility in relation to the Dollar Home.
Item #8A, B, C: McNelis Subdivision (CPAM-10.002; RZ-11.001 ~ MDA•
11002)
Application(s):
- Amendment to the comprehensive plan future land use ma to than e
Mixed - p g the land use designation on 13.85 acres from
Use Community (MU-C) & 20.04 acres from Office to Mixed Use -Non Resi '
dential (MU-NR).
- Rezone of 16.24 acres from L-0 to C-G & 0.43 of an acre from L-0 to I-L.
- Development agreement modification to update the zonin & uses allowed on '
for those use ' ' ~ g the site in accord with the rezone except
s specifically prohibited in the agreement; update the owner information' and remove th
CUP approval of uses on lots that abut Ustick R ~ e requirement for
oad, Ten Mile Road, andlor the Nine Mile Creek.
Size of property, existing zoning, and location: The overall site consists of 34.
O7 acres, is currently zoned I-L, L-0, and C-
G, and is located on the northwest corner of N. Ten Mile & W. Ustick Roads.
Summary of Request: The proposed rezone is consistent with the ro osed ma '
consistent with the M - p p p amendment & the map amendment is
U NR future land use designation of other properties surroundin the WWTP that d
residential uses. The industrial & commerci ~ ~ ~ ~ g o not allow for new
al zoning will assist in providing a transition & buffer between the WWTP and
existing residences to the east & south.
The applicant has submitted a new conceptual development Ian & buildin elevation
included in the p 9 s with the rezone application to be
amended DA. The proposed amendments to the DA are consistent with the ma amendmen
p t & rezone request.
Because the City now has design standards for development, Staff is su ortive of the '
re uirement for lots pp applicant s request to remove the CUP
q abutting Ustick & Ten Mile Roads & the Ninemile Creek. The current DA restricts hours f '
uses in the I-Land L-0 districts from lam to 10 m o operation for
p unless otherwise approved through a CUP. This restriction will car over to
the properties proposed to be rezoned to C-G exce t for those ro erties I ~
p p p a ready zoned C-G on the comer of Ustick & Ten Mile
- hours of operation shall not be restricted on those lots.
Commission Recommendation: Approval at the April 21St ublic hearin
p g
Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson (response to the staff re ort - in a reement w ' '
p g (conditions)
Key Issue(s) of Discussion by Commission:
i. The appropriateness ofthe rezone to C-G as pro osed vs. a lesser intense '
p commercial zoning district.
Key Commission Change(s) to Staff Recommendation: None
Written Testimony since Commission Hearing: Tamara Thom son, A licant's Re res
- in a reement wlc ' ' p pp p entative (response to the staff report
g onditions)
Outstanding Issue(s) for City Council: None
Notes:
3. Prior to the issuance of the fourth buildin ermit for Kin ' ~ '
shat g P , gsbndge Subdivision No.2 ~FP-11-004), the applicant
I pipe the tail ditch from the Dartmoor irrigation and throu h th '
new inlet to con p g e site and install a new head gate on the
trot water flow into the pond.
In order to receive the first building permit, the a licant shall
amount of one ppo post a surety for said improvement in the
hundred and twenty-five percent (125 /o) of the associated construc
document shall be reviewed tion costs. A detailed bid
by Planning Department prior to the acceptance of the suret . Fu
construction drawin s shall be submitted ~ y rther, the
9 to the Public Works Department for review. Evidence of acce tance
of the design by the irrigation district shall be included with the p
surety. The applicant shall coordinate with the
appropriate irrigation provider and adjacent Dartmoor homeowner's to coordi
The a licant shall hav Hate the construction activities.
pp a one year to complete the system upgrades as outlined above.
4. The applicant plans for retention and orl treatment of storm water
prior to leaving the site shall be submitted
for review and approval of the Dartmoor HOA President, which shall not
be unreasonably withheld.
5. The 25-foot rear yard setback along the perimeter lots shall onl a I
adjacent to a Y pp y to the four perimeter lots that are not
1 penmeter common lot located in the southeast corner of the subdivision.
Written Testimony; The applicant has requested chap es to DA rovision
four ermits h g p No. 3 per the final plat comments. Instead of issuing
p , t e applicant is requesting twelve. If the request is granted it needs to be modifi '
development a reement modifi ~ ed and approved with the
g cation application.
Outstanding Issue(s) for City Council; None
Staff Recommendation; Approval
Notes:
Item #8.F. Kingsbridge Subdivision No. 2 (FP•11.004)
Application(s):
- Final Plat
Size of property, existing zoning, and location: This site consists of 18.86 acres is current) zoned R-2 '
y , and is located on
the east side of S. Eagle Road midway between E. Victory Road and E. Amit Road.
Y
Summary of Request: The applicant requests approval of a final plat for Kin sbrid a Subdivision No. 2 c '
buildin lots and 6 com g g onsisting of 36
g mon lots on 18.86 acres of land. The gross density proposed for this phase is 1.90 dwellin units to the
g
acre.
Council approved the preliminary plat for Kingsbridge Subdivision on January 11, 2011. The lat contained 72 residen '
p teal lots
and l common lots on 38.31 acres of land.
Open space planned for this phase totals 2.8 acres and consists of the 1.58 acre nei hborhood ark lot 1 block 4 varied
9 p ( ),
street buffers and 30-foot wide landscape buffer along the northern boundary.
Written Testimony: Applicant is in agreement with most of the proposed conditions of approval however several modifications
are requested by the applicant. Specifically changes are requested to site specific condition of approval # 14 and standard
conditions of approval 1, 3 and 5.
Site Specific condition of approval No.14 is reflective of a new DA provision proposed with the new develo ment a reement.
p 9
This condition should be addressed with the development agreement modification.
Standard conditions of approval 1, 3, and 5: Public works is in agreement with the applicant request to modify standard
conditions of approval number 1, 3, and 5.
Outstanding Issue(s) for City Council: None
Staff Recommendation: Approval
Notes:
Item #s 9.E., 9.F and 9.G. HUD Dollar Home
Staff will brief Council on these items at the meeting.
Notes:
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 5A
PROJECT NUMBER:
ITEM TITLE: City Council Minutes May 10, 2011 Pre Council
MEETING NOTES
~~~
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE: City Council Minutes May 10, 2011
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
iVleridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 5C
PROJECT NUMBER:
ITEM TITLE: Award of Bid and Award for McMillan Rd. Water Main
Construction Project No.10230a to Knife River for aNot-To-Exceed Am
ount of
$159,485.06
MEETING NOTES
~~~~
CLERKS OFFICE FINAL. ACT14N
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
Memo
To: Jaycee Holman, City Clerk
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Tim Curns
Date: 5119/11
Re: May 24~' City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
May 24 City Council Consent Agenda for Council's consideration.
Award of Bid and Agreement for the "McMillan Road Water Main-Construction "
project No. 10230a to Knife River Corp. for the Not-To-Exceed amount of
$159,485.06. This award and Agreement is the result of formal bid #PW-11-10230x.
Bids were issued on April 15, 2011 and opened May 6, 2011. 7 bids were received.
Recommended Council Action: Approval of Bid and Agreementforthe Not-To-
Exceed amount of $159,485.06., and authorize the Mayor to sign and City Clerk
to attest.
Thank you for your consideration.
• Page 1
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
(MCMILLAN ROAD WATER MAIN-CONSTRUCTION)
~ PROJECT # 10230a
THIS AGREEMENT FOR INDEPENDENT CONT '
RACTOR SERVICES is made
this ~ day of , 2011, and entered in '
to by and between the City of
Meridian, a municipal corporation or anized under the I
g aws of the State of Idaho,
hereinafter referred to as CITY , 33 East 6roadwa Aven ' '
y ue, Meridian, Idaho 83642,
and Knife River Cor oration NW dba Knife River hereinafter
„ referred to as
CONTRACTOR ,whose business address is 5450 W Gow '
_ en Rd, Boise, I D
83109_and whose, Public Works Contractor License # is C-15 - - - -
564 U 1 2 3.
._._._
INTRODUCTION
Whereas, the City has a need for services involvin the construc i
g ton of
McMillan Road Water Main; and "'~~
WHEREAS, the Contractor is specially trained, ex erienced and
p
competent to perform and has agreed to provide such services
N4W, THEREFORE, in consideration of the mutual romises coven
. , p ants,
terms and conditions hereinafter contained, the parties a ree as follows:
g
~,
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the Cit u on
. Yp
execution of this Agreement and receipt of the City's written notice to
proceed, all services and work, and comply in all res ects ass ecified in
p ~ p
the document titled Scope of Work" a copy of which is attached heret
„ „ o as
Attachment A and incorporated herein by this reference to ether with
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any amendments that may be agreed to in writing b the arties.
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1.2 All documents, drawings and written work roduct re ared or
p pp
produced by the Contractor under this Agreement, includin without
. g
limitation electronic data files, are the pro ert of the Contractor r '
. p Y , p ovided,
however, the City shall have the right to reproduce, ublish and us
p e all
such work, or any part thereof, in any manner and for an ur oses
Yp p
whatsoever and to authorize others to do so. If an such work is
. Y
copyrightable, the Contractor may copyright the same, exce t that as to
p ,
any work which is copyrighted by the Contractor, the Cit reserves a
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royalty-free, non-exclusive, and irrevocable license to re roduce ublish
p ,p
and use such work, or any part thereof, and to authorize others to do s
o.
~' Agreement McMillan Road Water Main Constru '
coon page 1 of 12
Project 10230A
1.3 The Contractor shall rovide s '
p ervices and work under this
,.~ Agreement consistent with the re uir
q ements and standards established b
applicable federal, state and cit law Y
y s, ordinances, regulations and
resolutions. The Contractor re resents a •
, p nd warrants that It will perform Its
work in accordance with general) acce '
Y pted Industry standards and
practices for the profession or rofessions th '
p at are used In performance of
this Agreement and that are in effect a '
t the time of performance of this
Agreement. Except for that re resents ' '
p tion and any representations made
or contained in any proposal submitted b the Co
.. y ntractor and any reports
or opinions prepared or issued as part of the work erfor
Contrac p med by the
for underthis Agreement, Contractormak •
eith es no other warranties,
er express or implied, as part of this A reement.
9
1.4 Services and work provided b the
y Contractor at the City s re uest
under this Agreement will be ~ q
performed in a timely manner in accordance
with a Schedule of Work, which the arties
p hereto shall agree to. The
Schedule of Work maybe revised from i
t me to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Contractor shall be com ensated •
p on a Lump Sum basis as
~ provided in Attachment B "Payment Schedule" a
ttached hereto and by
reference made a part hereof for the Not-To-
Exceed amount of
$159,485.06.
2.2 The Contractor shall rovide the Cit w'
p y ith a monthly statement, as
the work warrants, of fees earned and costs '
incurred for services provided
during the billing period, which the Cit will
y pay within 30 days of receipt of
a correct invoice and approval by the Cit .The Cit w' '
, Y y ill not withhold any
Federal or State income taxes or Social S '
ecurity Tax from any payment
made by City to Contractor under the terms an ' ' •
d conditions of this
Agreement. Payment of all taxes and other
th assessments on such sums Is
e sole responsibility of Contractor.
2.3 Except as expressly rovided in this
p Agreement, Contractor shall
not be entitled to receive from the Cit an addi ' ~ •
Y y tional consideration,
compensation, salary, wages, or other ty a of remunera i
, p t on for services
rendered under this Agreement includin but n '
g, of limited to, meals,
lodging, transportation, drawin s renderin • •
9 , gs or mockups. Specifically,
Contractor shall not be entitled b virtue of '
, Y this Agreement to
consideration in the form of overtime, health ins r
u ance benefits,
retirement benefits, paid holidays or other aid I
, p eaves of absence of any
type or kind whatsoever.
''`~`~~ Agreement McMillan Road Water Main Construction
Project 10230A page 2 of 12
~ 3. Term:
3.1 This agreement shall become effectiv
e upon execution by both
parties, and shall expire upon (a tom letion of th
p e agreed upon work b
Se tember ~ ~ ~ )
p 30, 2011 or (c}unless sooner terminated as r '
unl p ovided below or
ess some other method or time of termination is listed in A
ttachment A.
3.2 Should Contractor default in the erforma '
. p nce of this Agreement or
materially breach any of its provisions, Cit at Cit 's '
. Y~ y option, may
terminate this Agreement by givin written notifica i
g t on to Contractor.
3.3 Should City fail to pay Contractor all or an
. y part of the
compensation set forth in Attachment B of this A reement on
g the date
due, Contractor, at the Contractor's o tion ma '
p y terminate this Agreement
if the failure is not remedied b the Cit within t i
Y Y h rty (30) days from the
date payment is due.
3.4 This Agreement shall terminate automatical
ly on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either art •
p Y~
b. Sale of Contractor's business; or
c. Death of Contractor
3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contract r
o shall have 40
(forty} calendar days to complete the work as des '
cribed herein.
Contractor shall be liable to the Cit for an Bela '
. Y Y y beyond this time
period in the amount of five hundred dollars $500.00
( }per calendar
day. Such payment shall be construed to be li uid
q ated damages by
the Contractor in lieu of any claim or lama a beau
g se of such delay
and not be construed as a penalty.
4. Termination:
If, through any cause, CONTRACTOR, its officers
,employees, or agents
fails to fulfill in a timely and pro er manner its obli '
p gations under this
Agreement, violates any of the covenants a reemen '
. g ts, or stipulations of
this Agreement, falsifies any record or document re '
quired to be prepared
under this agreement, engages in fraud, dishonest or
y, any other act of
misconduct in the performance of this contract, or if the Cit Co '
d y until
etermines that termination of this Agreement is in the bes i
t nterest of
Agreement McMillan Road Water Main Construction
Project 10230A page 3 of 12
CITY, the CITY shall thereu on h '
p ave the right to terminate this A reemen
by giving written notice to CO g t
NTRACTQR of such termination a
specif in the a nd
,.~,, Y g ffective date thereof at least fiftee
eff n (15~ days before the
ective date of such termination. CANT
RACTOR may terminate this
agreement at any time by giving at least si 6
xty ( 0) days notice to CITY.
In the event of any termination of th' • •
is Agreement, all finished or
unfinished documents, data, and re
ports prepared by CONTRACTOR
under this Agreement shall, at the o ti
p on of the CITY, become its
property, and CONTRACTOR shall be entitl
. ed to receive~ust and
equitable compensation for an work satisf '
Y actorily complete hereunder.
Notwithstanding the above, CONT
RACT~R shall not be relieved of
liability to the CITY for dams es sus •
g tamed by the CITY by virtue of an
breach of this Agreement b CONT y
Y RACTOR, and the CITY ma withhold
any payments to CONTRACT Y
OR for the purposes of set-off until su
time as the exacta ch
mount of damages due the CITY from CON
is determine ' ' TRACTOR
d. This provision shall survive the ter
minatian of this
agreement and shall not relieve CONTRACTOR '
of its liability to the CITY
for damages.
5. Independent Contractor:
~ 5.1 In all matters pertainin to this a
. g greement, CONTRACTOR shall be
acting as an independent contractor and n '
either CONTRACTOR nor an
officer, employee or a ent of CONT Y
g RACTQR will be deemed an
employee of CITY. Except as ex ressl rov' '
p y p ided in Attachment A,
Contractor has no authorit or res onsi ~ •
Y p bility to exercise any rights or
power vested in the City and therefore has no author'
ityto bind or incur
any obligation on behalf of the Cit .The sel
Y ection and designation of the
personnel of the CITY in the performance of this
made b agreement shall be
y the CITY.
5.2 Contractor, its agents, officers and
, employees are and at all times
during the term of this Agreement shall re
present and conduct themselves
as independent contractors and not as em I
p ogees of the City.
5.3 Contractor shall determine the metho '
d, details and means of
performing the work and services to be rovi •
p ded by Contractor under this
Agreement. Contractor shall be res onsibl '
p e to City only forthe
requirements and results specified in this A reement and
ex ~ g , except as
pressly provided in this Agreement, shall not be
subjected to City s
control with respect to the physical action or activi i '
t es of Contractor in
fulfillment of this Agreement. If in the erform '
. p ance of this Agreement any
third persons are employed b Contractor su
Y ch persons shall be entirely
~ Agreement McMillan Road Water Main Construction
Project 10230A page 4 of 12
and exclusively under the direction and supervision and control of the
Contractor.
~~
6. Indemnification and Insurance:
CONTRACTOR shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct
of CITY or its employees. CONTRACTOR shall maintain, and s ecifically
agrees that it will maintain, throughout the term of this Agreement, liability,
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1,000,000} per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1,000,000} per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required bylaw.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments
~~ for damages or injury to persons or property and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives orsubcontractors
and resulting in or attributable to personal injury, death, or damage or
destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or
other proof of insurance evidencing CONTRACTOR'S compliance with the
requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10}days prior to the date Contractor begins
performance of it's obligations under this Agreement. In the event the
insurance minimums are changed, CONTRACTOR shall immediately
submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East 6roadway Avenue, Meridian, Idaho
83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond,
,rte, Agreement McMillan Road Water Main Construction page 5 of 12
Project 10230A
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with Contractor's insurance except as
to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public
Works Improvement Projects.
.~
8. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Knife River
Attn: Dave Turner
5450 W Gowen Rd
Boise I D 83109
-..L.
208-362-6152
Idaho Public Works License #: C-15564-U-1-2-3
~~ Agreement McMillan Road Water Main Construction page 6 of 12
Project 10230A
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided..
9. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
11. Assignment: It is expressly agreed and understood by the parties
hereto, that CONTRACTOR shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
12. Discrimination Prohibited: In performing the Work .required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any
~"'''`~ federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, re orts, data and
p
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
,.~„ Agreement McMillan Road Water Main Construction page 7 of 12
Project 10230A
14. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONTRACTOR'S records with respect
'~ to all matters covered by this Agreement. CONTRACTOR shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
16. Compliance with Laws: In performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
increase or decrease in the amount of CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CITY and
CONTRACTOR, shall be incorporated in written amendments which shall
be executed with the same formalities as this Agreement.
18. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
19. Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach, and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
20. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
its attorney's or the opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
Agreement McMillan Road Water Main Construction page 8 of 12
Project 10230A
ce: The order or recedence shall be the contract
22. Order of Preceden p ,
Invitation for bid document, then the wlnning bidders
agreement, the
' submitted bid document.
' w: This A reement shall be governed by and construed
23. Applicable La g
' accordance with the laws of the State of Idaho, and the
and enforced In
ordinances of the City of Meridian.
royal Re uired: This Agreement shall not become effective or
24. App. q , ,
binding until approved by the Clty of Meridian.
KNIFE RIVER CORP-NW DBA KNIFE
CITY OF MERIDIAN
RIVER
BY: ~~
TAM e WEERD, MAYOR
Dated: ~ ~ 1 Dated:
,i~,,~~
~~,,~~ ;; ,
1~~1, `~ El-s' ~yf ~' ~'~ ,
,~ ~~
~ `\ ~ h r
A proved by City Council: ~ ~ ,
p
~~~~n ~~~
..
_.
.~ t ;.
.,
Attest: ~ ,1 ~'~
AYCE . H MAN, CI Y CL~ ~~t, . ~.~ ~'~'~~~ ~~~
Y,
~/ ~~ ~ \` '
I .ail
~ f yr/ , ,
~,~ , y ~ ~.
~''`'~~` ~'''~~~ De artment Approval
Approved as to Content ' ~' ~ ~ ` ~ ` p
BY:
KEIT A S, PU C AGENT
Dated: ~ ~ ~ ~
~ ~r
BY: DAVE TURNER
oaeo~~rttop'•~
a~°~`~r~' ~s.
d V ~~~ ~ cM
„~~' SEA ~y .
''~:._'~ OR~
BY:
NAME:
TITLE: ~,~~~.a,,,~Ju.~~~~DC-- N~ ~^-~1~~
Approved as to Form
CITY ATTORNEY
Dated: / ~
~ Agreement McMillan Road Water Main Construction page 9 of 12
Project 10230A
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-11-10230a
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW-11-10230A, are by this reference made
a part hereof.
r"'~ Agreement McMillan Road Water Main Construction page 10 of 12
Project 10230A
Attachment B
MILESTONE !PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$159,485.06.
5 t 9. 1.~. ~~~Ar . Z } ~
a
~ i '^ ...7 ay ~ ni.;S "! YY'g ~
r~. ` k Y ~ v~,~rso Y
t ~ 1 i ~
~~
~ t `""~~ ~ 'y ..,t ~ y;~;. '~ ' ~'~4c~~7' H; y;.
4LA ~ 7~, \ .~,': u' kf~ ~ 'e'pl }SY t. 1 ` ~ l ;4
x: # UR .,' ~., ~~ ~zA~. ~ ~ i~u4 "`~#7 J yt
rf • ~ ~~b ,N+~~{yr
~ k
~ d'~
'~ b~ T S
r r b r .~f a ~! .
YK
~ ! C
~t~t
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
MCMILLAN ROAD WATER MAIN -CONSTRUCTION per IFB PW-11-10230A
Total Bid Schedule ...................$159,485.06
CONTRACT TOTAL ....................... ~. .~
______ ._
ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY.
Item No. Item Description Estimated Unit Unit Price
Quantity
307.4.1.G.1 TYPE P SURFACE RESTORATION 3156 SY $44,184.00
307.4.1.G.3. TYPE P SURFACE RESTORATION
1
619
SY
0
WITH PAVEMENT FABRIC ,
308.4.1.A.1. 24"Q~ STEEL CASING PIPE BORING
47
~F
$394
00
AND JACKING .
401.4.1.A.1.a 6" PVC, AWWA C900, DR 18, WATER
. MAIN 6 LF .01
401.4.1.A.1.b 12" PVC, AWWA C900, DR 18, WATER
. MAIN 2,284 LF $63,378.00
402.4.1.A
1
a
.
. "
6 GATE VALVE
1
EA
580.00
402.4.1.A.1
b
. „
12 GATE VALVE
7
EA
11, 550.00
403.4.1.A.1. FIRE HYDRANT ASSEMBLY 1 EA 2,225.00
,~ Agreement McMillan Road Water Main Construction page 11 of 12
Project 10230A
2010.4.1.A.1. MOBILIZATION 1 LS 3,880.00
~
SP- RELOCATE BLOWOFF ASSEMBLY 4 EA 3,920.00
PER SD•W19
SP-2 REPLACE EXISTING VALVE BOX AND 2 EA 500.00
LID
SP-3 TRAFFIC CONTROL 1 LS 2,500.00
SP-4 WATER POLLUTION CONTROL 1 LS 4,250.00
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
'~' Agreement McMillan Road Water Main Construction page 12 of 12
Project 10230A
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 5D
PROJECT NUMBER:
ITEM TITLE: Task Order 10011C w/ Civil Survey Consultants, Inc.
for Well 106 Pumping Facility Design for the Not-To-Exceed amount of $59,210.00
MEETING NOTES
~~~~~~/
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
Memo
To: Jaycee Holman, City Clerk
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Brent Blake
Date: 5/19111
Re: May 24~' City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
May 24 City Council Consent Agenda for Council's consideration.
Approval of Task Order for Well 10B Pumping Facilities Design for the Not-To-
Exceed amount of $59,210.00. This Task Order is subject to all Terms and
Conditions of the Master Agreement dated April 13, 2010.
Recommended Council Action: Approval of Task Order for the Not-To-Exceed
amount of $59,210.00., and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
• Page 1
~~i~E IDIAN~-
Public IDAHO
Works Department
T0: Mayor Tammy de Weerd
Members of the City Council
FROM: Brent Blake
Engineering Technician II
DATE: 5/10/2011
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH
CIVIL SURVEY CONSULTANTS, INCORPORATED FOR THE WELL
lOB PUMPING FACILITIES DESIGN FOR ANOT-TO-EXCEED
AMOUNT OF FIFTY NINE THOUSAND TWO HUNDRED TEN AND
00/100 DOLLARS ($59,210.00).
(NEXT AVAILABLE CONSENT AGENDA)
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Agreement with Civil Survey Consultants, Inc. for Well lOb
Pumping Facilities Design for anot-to-exceed amount of $59,210.00;
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Brent A. Blake, Project Manager 489-0340
Kyle Radek, Asst. City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
III. DESCRIPTION
A. Back round
Well 10 and the associated pumping facility was originally drilled and constructed in
1977 and produced 1,100 gallons per minute of water to city residents. The well was
taken off line in September 2008 due to uranium concentrations exceeding the 30 µg/L
maximum contaminant level (MCL) set forth by the Environmental Protection Agency
(EPA).
During 2010 SPF Water Engineering investigated several options to mitigate the uranium
concentrations and provided a report regarding the feasibility of developing a new
Page 1 of 2
production well at the site. After considering all of the options that were presented in the
feasibility report, the Public Works Department decided to develop a new production
well at the site utilizing a deeper aquifer without uranium concentrations.
Moving forward with a new production well first required the removal of the existing
pumping facilities. During the removal process, dry rot was encountered throughout the
old wood framed pump house and it was determined that a new pump house was needed.
B. Proposed Project
This project will consist of constructing a new pump house, pump and motor, discharge
piping, on-site chlorine generation equipment, electrical controls, heating and ventilation
system, site improvements and landscaping. The well is anticipated to be equipped with
a water lubricated vertical turbine pump delivering approximately 2000 gallons per
minute with a 200 to 250 horsepower motor. Actual delivery rate and motor size will be
determined based upon well performance and actual head conditions of the completed
well.
IV. IMPACT
A. St~ is Impact:
This project meets our mission requirements to indentify and prioritize work in order to
anticipate, plan and provide public services and facilities that support the needs of our
growing community, and to ensure modern reliable facilities while maintaining financial
stewardship. Anew well at this location will be developed to serve Pressure Zone 3.
This well and associated facilities is needed in order to avoid pumping capacity shortfalls.
B. Service/Deliver~pact:
Development of a high quality source of water supply at this location will serve to
improve water quality to customers and ensure capacity for fire flows.
C. FiscalIm,~acts:
FY2011 Budget Amount $551,584.00
Non-Incumbered Amount $372,998.00
Proposed Design Cost $59,210.00
V. LIST OF ATTACHMENTS
A. Task Order No.10011~
Approved for Council Agenda:
Page2of2
TASK ORDER N0.10011 C
CITY OF MERIDIAN (OWNER)
AND
CIVIL SURVEY CONSULTANTS INC. (ENGINEER)
This Task Order is issued by Owner and accepted by the Engineer pursuant to the
mutual promises, covenants, and conditions contained in the Agreement between the
above named parties dated April 13, 2010.
CITY OF MERIDIAN
UVELL 10 REDESIGN- PUMPING FACILITIES
SCOPE OF SERVICES
Per the City's request, the Engineer will provide professional engineering services
related to the design of replacement pumping facilities for municipal Well No. 10
Well 10 is an existing well located at the southwest corner of the intersection of North
Jericho Way and East Willowbrook Drive. The existing well is currently being
reconstructed. Once completed the new pumping facilities will be constructed
including a new well building, pump and motor, discharge piping, electrical controls,
heating and ventilation system, site improvements and landscaping. The well is
ant~c~pated to be equipped with a water lubricated vertical turbine pump delivering
approximately 2000 gpm with 200 to 250 horsepower motor. Actual delivery rate and
motor size will be determined based upon well performance and actual head
conditions of the completed well. The new facilities will include the following:
a. The replacement well building will be masonry block construction, with
aluminum fascia and soffits, and metal roofing. The new building will be
approximately 20' wide by 29' long. There will not be a generator enclosed
within the building. The building will be sized to house on-site chlorine
generation equipment in pump room.
b. The well will be equipped with a new water lubricated vertical turbine pump.
The pump will be selected based upon the characteristics of the actual
completed well and will be sized to serve pressure Zone 3. Motor size is
anticipated to be 200 to 250 horsepower. An automatic pre-tube system will be
provided for the pump column bearings.
c. The well discharge will be equipped with piping and valves to allow for
automatic flushing to the existing by-pass pipeline.
d. A Variable Frequency Drive (VFD) will control the pump motor. The VFD will
vary the pump motor speed to maintain a constant pressure in the discharge
piping. The VFD will include a Harmonic Filter as required by Idaho Power.
Task Order 10011 C 1 of 5
Well 10 Redesign -Pumping Facilities
e. The well will not be equipped with anon-site emergency generator. The
electrical system will include a manual transfer switch and plug in for
connection of a portable generator.
f. The well electrical controls will include a SCADA controls in accordance with
Meridian's existing system. Design well electrical controls of SCADA will be
provided by DC Engineering as asub-consultant to CSC.
g. The well building will include heating, ventilation and air conditioning. Design
of heating, ventilation and air conditioning will be provided by DC Engineering
as asub-consultant to CSC.
h. Chlorination will be provided using on-site chlorine generation equipment. A
residual chlorine analyzer will be provided.
Site improvements will consist of an asphalt driveway and .parking area with
access off Jericho Way through the existing driveway approach. Two new
street lights will be provided.
j. The site currently has landscaping located outside the perimeter fencing. The
topographic survey will identify all existing landscaping, The survey will then be
submitted to Meridian planning and zoning for a determination of whether
additional landscaping is required. If additional landscaping is required a
landscape .plan will be prepared and submitted with the plans.
k. The existing piping in Jericho Way will be modified to allow flow from
distribution Zone 3 to Zone 2.
The project plans and specifications will include removal of the existing pump
house, foundation and piping by the contractor. The Meridian Water
Department will identify all existing equipment and materials to be salvaged by
the contractor and delivered to the Meridian Water Department.
Task 1-Administration
1.1 This task includes duties associated with setting up the contract and
submitting monthly invoices.
Task 2 -Design New Pumping Facilities
.._.
2.1 Review well performance flow vs. drawdown information provided by
Owner.
2.2 Update existing topographic survey of Well No.10 site.
2.3 Prepare conceptual plans for the pumping facilities.
Task Order 10011 C 2 of 5
Well 10 Redesign -Pumping Facilities
2.4 Prepare a Prelimina En ' '
,..,~ rY g~neer~ng Report (PER) in accordance wi
IDAPA 58.01.08 and submit th th
e PER to the Idaho Department of
Environmental Quality for review
and approval.
2.5 Attend a neighborhood meetin
g regarding .the project. The
neighborhood meeting will be tanned
of ' ' p ,scheduled and conducted b Cit
Meridian staff. CSC will rovide a y y
. p ss~stance with ~nformat~on for the
meeting nonce, meeting d~spla s, and techni •
me y cal support during the
eting.
Task 3 -Construction Document Pre '
arat~on and Review
3.1 Develop plans and specifications an '
d bid schedule that meet current
design standards and standard s ecificati '
p ons of the City and ISPWC.
3.2 Develop plans for additional landsca in ~ '
p g if required by Meridian plann~n
and zoning, g
3.3 Submit the completed plans ands ecifi '
p canons to the Idaho Department of
Environmental Quality, the Ada Count Hi hw '
y g ay District, and the Qwner
for review and approval.
3.4 Prepare final construction documents addr '
ess~ng comments received
during the review process. Provide one h sic I
h p y a copy for City s use and 10
r-~ p ys~cal copies for contractor s use durin bidden .
g g
3.5 Answer questions during biddin and re r '
g p pa a addendums if necessary.
All questions shall be directed throu h the Ci ' '
g ty of Mer~d~an.
Task 4 -Construction Services
4.1 Provide one set of construction stakes for th f ' '
. e our building corners and
paving.
4.2 Attend pre-construction meetin .
g
4.3 Answer any RFI's from the contractor about the '
design.
4.4 Review shop drawing submittals.
4.5 Assistance during construction and site visits.
4.6 Prepare record drawings meetin the Cit of Meri '
9 y dran Acceptance of
Record/Electronic Drawings, dated Au ust 26 2009.
g ,
Task Qrder 10011 C
Well 10 Redesign -Pumping Facilities 3 of 5
TIME OF PERFQRMANCE
~.
Engineering services will commen ~ •
com lete ce upon written nonce to proceed. Task 2 will
p d within 30 calendar da s of notic be
drawl y e to proceed, and receipt of final flow
own ~nformat~on for the completed well w ' vs.
com lete ~ ~ htchever ~s later. Tasks 3 will be
p d within 60 calendar da s of written
com I y approval of the PER. Task 4 will be
p eted as needed to construct the im r v
p o ements.
COMPENSATION
The Not-To-Exceed amount for this T
ask Order No.10011 C ~s Fif Nine Thou
Two Hundred Ten and 00/1 tY sand
00 dollars ~$ 59,210.00). The hourl rate f '
direct expenses is attached and b y or services and
y made part hereof.
CITY OF MERIDIAN
BY:~
TAMMY
Dated:
CIVIL SURVEY CONSULTANTS INC
r---~--
BY: ~~ ~~+r ~
~ `r
Dated ~ -- 3
Approved by City Council: ,,,, ,
d
.~'
Attest. ; ° ,,,w/ ors,. ,'~ ',
~« ~ 1 ~ ,J
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ww
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. OLMAN, CIT1~~;C '~~1~. ~4~`t,~ . ~~
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Approved as to Content ''~~' ~ r; E ~ e ~ i t ~ ~ t ~ ,
Departure t App al
A
BY. .
KEIT ATTS, PURCHASING AGENT
Dated: ~~I 9 ~ l I
Approved as to Form
CITY ATTORNEY
NAME:
TITLE: '-
.._ ~ ~ I~;,~ n
~(~„
Dated: ~ ~
___..
Task Order 10011 C
Well 10 Redesign -Pumping Facilities
4of5
Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P,E.
Vice President
1V11 urve C
y onsultants In
C,
1400 E. Watertower St.
Suite 100
Meridian, Idaho 83642-7786
CIVIL SURVEY CONSULTANTS
PREVAILING FEE SCHEDULE
EFFECTIVE JANUARY 1 2011
Labor:
~.
Project Manager
Chief of Surveys
Project Engineer
Land Surveyor
Engineer 1
Engineer In Training
Technician 1
Technician 2
Survey Crew
Direct Expenses:
Vehicle ~
Outside Printing
Long Distance Telephone
Sub-Consultants
- $118.00 per hour
- $118.00 per hour
- $110, 00 per hour
- $100.00 per hour
- $104.00 per hour
- $ 84.00 per hour
- $ 75.00 per hour
- $ 70.00 per hour
- $140.00 per hour
- $ 00.45 per mile
- $ Cost
- $ Cost
- $ Cost
(208)888-4312
Fax 888-0323
~ No charge for mileage if project is within 20 miles o
f CSC office.
Civil Survey Consultants reserves the ri ht to char a or '
g g modify this fee schedule at any
time.
5 of 5
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE: City Scholarships Presentation
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE:' May 24, 2011 ITEM NUMBER: 7
PROJECT NUMBER:
ITEM TITLE: Items Moved from Consent Agenda
MEETING NOTES
V
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: $A
PROJECT NUMBER: CPAM 10-002
ITEM TITLE: McNelis Subdivision
Public Hearing; CPAM 10-002 McNelis Subdivision b Ten Mile Center LL L
Y C ocated
Northwest Corner of N. Ten Mile Road and W. Ustick Road Re uest: An Am
q endment to
the Comprehensive Plan Future Land Use Map to Chan e the land Use D i '
g esgnation on
13.85 Acres of hand from Mixed Use -Community MU-C and 20.04 Acres of l n
~ ) a d from
Office to Mixed Use -Non Residential (MU-NR)
MEETING NOTES
R~s~ on c~ /~ /avt ~
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: $g
PROJECT NUMBER: RZ 11-001
ITEM TITLE: McNelis Subdivision
Public Hearing: RZ 11-001 McNelis Subdivision b Te
y n Mile Center, LLC Located
Northwest Corner of N. Ten Mile Road and W. Ustick R •
oad Request. Rezone of 18,522 +/-
Square Feet from L-0 (limited Office to 1-l li ht In
(g dustrial~ and 16.24 +/-Acres from l-
0 to C-G (General Retail & Service Commercial
MEETING NOTES
~~=~ ~ o~, ~ 1 ~ ~a~ t
1
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT TO SENT TO
STAFF AGENCY APPLICANT NOTES INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: $C
PROJECT NUMBER: MDA 11-002
ITEM TITLE: McNelis Subdivision
Public Hearing -Modify the existing DA to reflect the ro osed r '
p p ezone; modify uses
allowed on the site consistent with the UDC for the res ective z
p one except for those
specifically prohibited in the agreement; update the owner informati •
on, and remove
the requirement for conditional use permit a royal of uses on lots th '
pp at abut Ustick
Road, Ten Mile Road and/or the Nine Mile Creek b Ten Mile Center LL -
Y C NWC of N,
Ten Mlle Road and W. Ustick Road
MEETING NOTES
~~'_ / ~
f- r GC, on (~ 1 ~ ~ ao ~~
CLERKS OFFICE FINAL ACT10N
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: $~
PROJECT NUMBER: MDA 11-004
ITEM TITLE: Kingsbridge
Public Hearing -Amend the Kingsbridge recorded develo men
p t agreement (Inst.
#105092050,) for the purpose of excludin the ro ert relimin ri '
. , . , g p p y p a ly platted with the
Kingsbridge Subdivision (File #PP 10-007) AND create a new devel
opment agreement
to include the new project boundary, buildin elevations clarif ' ' ' '
g y subdivision amenities /
common open space by Boise Hunter Homes -east side of S. Ea le Road; midwa
g Y
between E. Victory Road and E. Amity Road
MEETING NOTES
~~
C/o/ ~"t ~dY/~
~ }=- ~- ~, cam, ~ fo l ~ f a e.~ ~
CLERKS OFFICE FINAL ACTION
DATE: E"MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: $F
PROJECT NUMBER: FP 11-004
ITEM TITLE: Kingsbridge No. 2
Final Plat approval for 36 residentialbuildin lots and 6 common lot '
g son 18.86 acres In
an R-2 zoning district by Boise Hunter Homes -east side of S. Ea I '
g e Road; midway
between E. Victory Road and E. Amity Road
MEETING NOTES
order a~, -~~ c~~~ l~~
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: $E
PROJECT NUMBER: VAR 11-001
ITEM TITLE: Kingsbridge
Public Hearing -Variance approval to deviate from the dimensi
onal standards of the R-
2Zoning District by Boise Hunter Homes -east side of S. Ea le R
g oad, midway between E.
Victory Road and E. Amity Road
MEETING NOTES
i ~.~~~~
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER• 9/~
PROJECT NUMBER:
ITEM TITLE: Department Report: Mayor's Office
Resolution No. : A Resolution of the Ma or and th '
. y e City Council of
the City of Meridian, appointing Blaine Johnston to Seat 2 of the M ' ' '
endian Historic
Preservation Commission
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION N0.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, APPOINTING BLAINE JOHNSTON AS A COMMISSIONER OF THE
MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Meridian City Code Title 2, Chapter 1 establishes the Meridian Historic
Preservation Commission, its members and terms of their appointments; and
WHEREAS, Seat 2 of the Meridian Historic Preservation is currentl vacant• and
Y
WHEREAS, Blaine Johnston may be appointed to fill the vacanc of Seat 2 of the Meridian
Y
Historic Preservation Commission for a term to expire in April of 2013;
WHEREAS, the City Council of the City of Meridian deems the a ointment Blaine Johnston
pp
to Seat 2 be in the best interest of the Meridian Historic Preservation Commission and of the Ci
ty of
Meridian;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That pursuant to Meridian City Code §2-1-3, Blaine Johnston is hereb a ointed
Y pp
to Seat 2 of the Meridian Historic Preservation Commission, for a term to ex ire on A ril 2013.
p p~
• S~
Section Z. That this Resolution shall be in full force and effect on the da of Ma 2011.
Y Y~
ADOPTED b the ' ' ~ ~
y City Council of the City of Meridian, Idaho, this day of Ma , 201 1.
Y
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ da of Ma 201 1.
Y Y~
APPROVED:
l j I ~~
~~~," q0. ~ ~P~ ~" `rs,~~'e~ Y r ~~~.~~ o~~~~~~~
4, 1 e~"- M:~r,~~ ~~ for a y de VVeerd
~~~' ~~~ s
ATTEST: ~~ `' =~
~.
By• ~~ ~ :y.-
~, .~.~
cee lman, Cit Cleo '~~~~~ ,~ ~~ ~' ~~.~ ~ ~~
.~
,~ ,~ ~~,
~, q;
~ ~~.
RESOLUTION APPOINTING BLAI r~~ " ~ "
NE JOHI~~'TON~TO' ~'HE MERIDIAN HISTORIC PRESERVATION
COMMISSION Page 1 of 1
April 21, 2011
Mayor Tammy de Weerd
City of Meridian
Dear Mayor de Weerd
Let me introduce myself, my name is Blaine Johnston, and I am int '
vacanc on the Historic ~ erested in the
Y Preservation Commission,
I am a native Idahoan, born and raised in Boise, M wife and I mov
Subdivision in Meridi Y ed to the Paramount
an 5 years ago,
am a licensed architect, and I have worked for Idaho Power for alm
have desi ned substati ~ ost 30 years, I
g on buildings and landscapes all over Idaho; but I realize the as a
culture we don't construct buildings like we used to build them.
The craffsman that used build brick buildings no Ion er exists. The car
to build wood struct r g penters that used
u es by hand don't know how anymore, We use modern tools to
make new building look like older buildings; the desi ns ma be reat but
have the histor or th g Y g - they don t
y e stories that the designs from Tourtellotte and Hummel or Wa land
and Fennell tell. y
i believe that I can bring the knowledge and insight of architecture to this osition.
P
want to thank-~
Si ly
n ohns
Arc itect
time and hope to meet you in the future.
~~i'~~E II~IA~~--- A lication to b
PA e Considered for
`'~ °~ ~ City-Appointed or Volunteer Positions
Position Applying for: O Parks & Recreation Commission O Planning & Zoning Commission
O Meridian Arts CommissionHistorical Preservation Commission O Traffic Safety Commission
O Meridian Transportation Task Force O Impact Fee Committee O Solid Waste Advisory Committee
O General Volunteer Position on Special Projects or Events as Needed (appointment not required)
Name: ~ ~ n. ~Q H' ~O~ ~ /..a.~•. ~.
Home Address: - (~~~,~ ~~~ A1/C
Telephone: -~ ~ ~ ~ Lr, ~'w
E-Mail Address: ~j ~ ~~ ~-.~ ~ ~ „ ~ L
Occupation:
Are you a resident of the City of Meridian? yes 0
~ No
If not, do you live in Meridian's area of impact? ^ yes ^
No
Why do you want to become involved?
.V~ GL~~ YISvfGi~11~~L
Do you participate in any local service clubs or other organizations? Yes
0 No
If so, please list;
What areas of city government are of most interest to vou?
Have you participated in any level of volunteer government service in the ast? 0
p Yes ~ No
If so, please list:
Do you understa a time co
recommendati ~ y
Signature
ent required to attend meetings and review/research data to make
7 , No .
Date
~-,- i
Please return your completed application, resume, and letter of interest to:
City Clerk's Office, City of Meridian, 33 E• Broadway Avenue, Meridian ID 8364
2
Phone: (208) 888-4433 Fax: (208) 888-4218
Blaine 4. John
ston, A.I.A.
6138 N. DeMilie Ave,
Meridian, !d 83646
Work 208-388-2781
Cei! 248-861-5264
OBJECTIVE:
Seeking appointment as a member of the Cit of Meridian '
Preservation Co ~ y Historic
mm~sslon
BACKGROUND:
A native Idahoan
Graduate of Boise High School
Graduate of Boise State University
Licensed Architect: State of Idaho License Number AR-1888
CONTINUING EDUCATION:
2009 -American institute of Architects Convention
2002 -December: Load and Resistance Factor Design for En ineered
Wood Structure ~ 1 ~ ~ g
s, 997 UBC {Uniform Building Code)
and 2000 IBC (International Building Code)
Nonstructural Provisions: A Comparative Analysis
ICBO (International Conference of Building Officials}
2002 - 2000 IBC Wind and Snow Load Provisions {ICBO}
2001 - 2000 IBC Nonstructural Provisions: "An Overview and
Perspective"; Structural Provisions "An Overview and
Perspective" {ICBO}
2001 -Facilities Siting Seminar, Edison Electric Institute, Denver, Co.
2000 -March: 1997 UBC Earthquake Regulations, "Overview
and Perspective-Part 1 & 2" (ICBO}
1994 - ASTM Acoustics & Noise Control Seminar- Littleton, Co
WORK EXPERIENCE:
1981 to Present
Idaho Power Company, Architect
Facilities Management
Primary duties include: Architectural design and construction
management of new buildings, substations and communications
structures for Idaho Power Company, which includes
approximately 150 buildings in the Idaho Power Company {iPCO}
service territory.
Coordinating the maintenance of substation landscaping for Idaho
Power Company.
Blaine ~, Johnston, A.I.A.
6138 N. DeMille Ave.
Meridian, Id 83646
Work 208.388.2781
Cell 208-861-5264
2011 and 2010: Judge for the Building Contractors of Southern Idaho
Parade of Homes
1981 Hummel Architects
1980 Design Resources -Rocky Towel
198o C. Ed Trout Architects
PR4FESS14NAL ORGANIZATIONS:
_--
Member of the American Institute of Architects
1990 Associate Director, Idaho Chapter American Institute of Architects
LEADERSHIP EXPERIENCE:
__ _-
1999 Co Chairperson far Youth Group Fund Raising Projects
1999 Chairperson Coble House Restoration Project
1996 Volunteer Boise Schools-School Bond
1996 Coach fora 7~h Grade Girls Volleyball Team
1995-1996 President -Cynthia Mann Elementary School PTA
1994-1995 Vice-President -Cynthia Mann Elementary School PTA
1993 Red Cross Donor Coordinator-IPCO
1990-1994 Volunteer for the Cynthia Mann Elementary PTA
1990 Department Safety Chairperson-IPCO
REFERENCES:
Scott Leadbetter Manager
Idaho Power Co. Facilities Management
P.O. Box 70
Boise, Id 83707
208-388-
2
~'
An IpACQRP CbmpanY
p.lahnston, A,~•A~ P.o• Box 70 (83707a
Blaine t221 W. Idaho'St.
Architect 8aise, ID 83702
Facilities Management TEL 208.388•x781
CELL 208.861.5264
Fax xoa.~a$•6ao~
bjohnston~idahopoWer•com
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 9g
PROJECT NUMBER:
ITEM TITLE: Department Report: Mayor's Office
Resolution No. ~' ~ ~ •
. A Resolution of the Mayor and the City Council of
the City of Meridian Appointing Board Members to Seats 8 and 9 of t ' '
he Meridian
Development Corporation
MEETING NOTES
CLERKS OFFI CE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES
INITIALS
CITY OF MERIDIAN
RESOLUTION NO. _ / I' ~ d' 7
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN APPOINTING JENNIFER PIKE TO SEAT 8 AND DANIEL G. BASALONE
TO SEAT 9 OF THE MERIDIAN DEVELOPMENT CORPORATION• AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian Development Corporation has been established b actions of
Y
the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelo ment
A enc for the Cit of Meri ' p
g y y dean; and
WHEREAS, that action further established its members and terms of their a ointments•
and pp '
WHEREAS, the Mayor and City Council find that it is in the best interest of the eo le
p p
of Meridian to appoint Jennifer Pike to Seat 8 of the Meridian Develo ment Co oration• and
p ~
WHEREAS, the Mayor and City Council find that it is in the best in
terest of the people
of Meridian to appoint Daniel G. Basalone to Seat 9 of the Meridian Develo ment Co oration.
p rp
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That Jennifer Pike is hereby appointed to Seat 8 of the Meridian Develo ment
p
Corporation for a term to run through September, 2011;
Section 2. That Daniel G. Basalone is hereby appointed to Seat 9 of the Meridian
Development Corporation for a term to run through September, 2011;
Section 3. That this Resolution shall be in full force and effect immediatel u on its
Y p
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this da of
Y
2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this da of
Y
2011. ~~,~;~~~~tf~~~~,;~~
~,
~.
APPROVED: ~~ ~ `{
.~`
,` ..
•: ~`
J ~ A ~ ~ ~~
Mayor T de Weerd ~ .~ ~°~~~ fee L. Holman Cit Clerk
RESOLUTION APPOINTING JENNIFER PIKE AND ~~ ~ ~ ~~
~I 0~~~ MERIDIAN DEVELOPMENT CORPORATION
,~~ ,q,
~~f~01~~~it;~i~t~,4
Daniel G. ~asalone ~-
4282 E. Palm Street
Meridian, ID 83646
danandcarmen~c sbcglobal.net
May 4, 2011
Mayor Tammy de weerd
Meridian city Hall
33 E. Broadway Avenue
Meridian, ID 83642
Dear Mayor de weerd:
Please accept this letter as my application for the position of commissioner on the Board
of the Meridian Development Corporation.
while I am not an ideal candidate according to your news release, I would bring a.
perspective to the Board that may be useful in future decision-making. I have been a
property owner in Meridian for four years, and I and my family are interested in the
development of downtown Meridian as a business investment. In addition, as a resident
of Meridian, we have a keen interest in keeping Meridian a wholesome and vital city with
a city core that values the history of the community. we don't want to see Meridian
become merely a city in name only with strip malls and disparate neighborhoods. A vital
downtown area helps to unify a city.
As you will note from my enclosed resume, I have an extensive background in education.
During my work years in Los Angeles I was highly involved in the administration of the
Los Angeles Unified School District. while serving as an administrator for the
Associated Administrators of Los .Angeles, I was appointed by the Board of Education to
the position of ex-officio rr~ember on the Board's School Facilities Committee. This
Committee made decisions regarding amulti-billion dollar school construction program
a.s well as a three hundred million dollar maintenance and operation annual budget.
For over thirty years, I lived in the City of Fullerton in grange County, California. As a
resident, I supported the redevelopment of the downtown area, an undertaking .not unlike
that which is happening in Meridian. I am aware of the opportunities and pitfalls related
to urban renewal in a downtown core.
In conclusion, I have been impressed with the et~orts that have currently been made by
the MDC Board, and if a pointed, I would work diligently to enhance that effort. The
P
perspective of a prospective investor may also be useful.
Si cerely,
a,,,~G„'~-----
Daniel G. Basalone
4282 East Palm Street
Meridian, Idaho 8364b
Telephone: 714-313-7085 /Email: danandcarmen@sbcglobal.net
Education:
Diploma -Cantwell High. School, Montebello, California,1.957
A.A. Degree -East Los Angeles Community College,19b0
Major: Engineering
B.S. Degree- University of Southern California,1962
Major: Social Studies; Minors: Physical Science and Education
M.S. -Mount St. Mary's College, 1975
Majors: Urban Education and Educational Administration
Employment:
1957 - File ClerlclX-ray Drderly, Kaiser Foundation Hospital
19b 1-Teacher, St. John .Baptist De La Salle School, Archdiocese of Los Angeles
19b2 -Teacher, Los Angeles Unified School District (LAUSD)
1972 -Inter-group Relations Advisor, LAUSD
1976 -Assistant Principal, LAUSD
1984 -Principal, LAUSD (Elementary Schools)
1.992 -Elementary Principal Member of LAUSD Professional Development Collaborative
1992 -Adjunct Professor of Educational Administration, California State University - Dominguez Hi11s
1996 -Adjunct Professor of Educational Administration, National University
2000 -Retired from Las Angeles Unified School District
2000 -Adjunct Professor of Educational Administration, California State Univ.-Los Angeles (CSULA)
2002 - Director of Educational Administration Program, Mount St. Mary's College
2004 • Administrator, Associated Administrators of I.os Angeles
2009 - Retired to Idaho
University Courses Taught:
California State University -Dominguez Hills -School Finance
National University -School Finance; School Law; Human Resources Development
Mt. St. Mary's College • Human Resources Development; Supervised Fieldwork
CSULA -Educational Administration Tier II Courses and Tier ~II Fieldwork
May 12, 2011
Mayor Tammy de Weerd
Meridian City Hall
33 E. Broadway Ave.
Meridian, ID 83642
Re: Meridian Development Corp.
Dear Mayor de Weerd:
would like to express my sincere interest in becoming a part of the Meridian Development Cor .
P
As a resident in the urban area, I have a special connection to the development and interests of
Downtown Meridian. My husband and I have owned a home in the urban area of Meridian for
approximately 10 years. We live just three blocks from Meridian City Hall and have been ecstatic about
the revival of the downtown. For us, Downtown Meridian has become a destination not simply a corridor
to travel from the freeway to our home. We frequently visit the businesses in the area, attend the annual
Christmas tree lighting, and were excited for our first visit to the Urban Market. My husband and I
exemplify the values of "live, work and play" in Downtown Meridian.
My husband is an employee of Meridian School District. I am employed by the State of Idaho, Department
of Administration. My experience in my current position has provided the opportunity to learn about
administration, politics, public works, leasing, contracts, purchasing, marketing and Brandin . In addition
to my work experience and education, m assion for makin g
y p g Meridian the best place to be would make
mean ideal candidate for one of the open seats on the board.
I have taken the initiative to read the minutes fram previous meetings and educate myself on the direction
and intent of the board. I have also had a chance to speak with Board Member Julie Pipal about the
mission and activities of the board. My conversation with Ms. Pipal furthered my enthusiasm and interest
for getting involved in this great project.
I would be happy to meet with you or other members of the board to discuss your plans and expectations
of the individuals that fill this position.
Thank you for your consideration.
Sincerely, .. _
.,,
,~
~,.... ~ ti
4 ` //~~ _
,rte '~ \« `~~. 1~~ L
~~ll ~'
Jenne er Pike
721 W. 3~d
Meridian, ID 83642
~208~ 869-4655
en~ti er L. Pike
721 W. 3r~ Street, Meridian, ID 83b42
208.869.4655 jenniferpike2009gmail.com
EXPERIENCE
04108 -Current Executr've Assistant to the Director, State of Idaho, Department of Administration
• Support the Director in all aspects of her position
• Maintain files, documentation and budget of the Director's office
• Assist in the development and implementation of policies and procedures
• Frequently communicate with the Governor, Legislators and state agencies
• Assistant to the Governor's Housing Committee
• Coordinate use and maintenance of the State of Idaho Governor's Residence
• Assistant to the Idaho Capitol Commission
O l 107 -1 2107 Sales Coordinator, HR Assistant, Contracts Liaison, Customer Liaison
Unique Software Solutions, Inc -Colorado Springs, C4
• Support the sales department manager and staff
• Assist the HR Director with interviews, audits, development and documentation of
policies and procedures
• Prepare, review and maintain the execution of all legal documentation
• Gather information on all customer issues and communicate to executive
management on how best to resolve each issue
01106 -1 1/Ob Insurance Billing Clerk, HR Assistant, Payroll, Accounts Receivable
Idaho Home Health & Hospice--Twin Falls, ID
•Process bi-weekly payroll for 200+ employees
• Assist the HR Director with interviews and audits
• Prepare monthly reports to present to the Medical Supply Director and Controller
• File claims for Private Insurance, Medicare, and Medicaid
• Maintain and collect on all accounts receivables for DME billing
09103 - 05105 Financial Support Technician/Vendor Specialist, Boise State University, Accounts Payable
• Review and enter all requests for payments to vendors, employees and independent
contractors in the PeopleSoft vendor database
• Assist the AP Manager in the development of documentation for policies and
procedures
• Interpret and apply rules and laws regarding payments
• Calculate and report employee taxable benefits
• Report 1099-Misc taxes for all payments and P-Card transactions
• Process and print payable checks and Electronic Funds Transfers
EDUCATION
1997-1998 Congressional Page, Washington DC
1998 -1999 Twin Falls High School, Twin Falls, ID
2004 - 2006 Boise State University, Boise, ID
Bachelor of Business Administration with a Human Resource Emphasis
2010 -Current Certified Public Manager Program; Boise, ID, expected completion June 2012
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 9C
PROJECT NUMBER:
ITEM TITLE: Department Report: Police Department
Line Item Reallocation Request to Acquire Funding to Hire a Third Party Agency to
Develop a Strategic Business Model for the Future Public Safety Training Center for a
Not-to-Exceed Amount of $46,000.00
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E•MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
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Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 9D
PROJECT NUMBER:
ITEM TITLE: Department Report: Police Department
Budget Amendment: Additional Funding for Investigation Expense for aNot-to-Exceed
Amount of $9,000.00
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
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Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 9E
PROJECT NUMBER:
ITEM TITLE: Department Report: Legal and Planning Deparment
Legal and Planning Department Report: Dele ation to Boise Cit Ada
g y/ County
Housing Authority of Agency to Purchase U.S. Housin and Urban Devela me
g p nt (HUD)
Dollar Home
MEETING NOTES
V
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED T4
STAFF SENT TD
AGENCY SENT TD
APPLICANT
NOTES
INITIALS
Page 1 of 1
Jacy Jones
~ ......N~.»..,.. ....N...~...N.....».......... ~.......~ ......................~..~............. ..... ..............~.. _ .~......... .................~.......... ..............................n..... .. ..... .
From: Emily Kane
Sent: Tuesday, May 24, 20119:10 AM
To: Jaycee Holman; Jacy Jones
Cc: Bill Nary; Lori Den Hartog; Anna Canning; C. Caleb Hood
Subject: FW; Addition to MAY 24 Agenda
I meant that this is to be added to the MAY 24 agenda, meaning TONIGHT, I'm sor for the confusion!
Emily ry
From: Emily Kane
Sent; Monday, May 23, 20114:20 PM
To: Jaycee Holman; Jacy Jones
Cc; Bill Nary; Lori Den Hartog; Anna Canning; C. Caleb Hood
Subject: Addition to June 24 Agenda
Will you please add an item to the agenda for tomorrow called "Legal and Planning Department Re ort:
Delegation to Boise CitylAda Count Housin Authorit of A enc o P p
„ Y 9 Y g y t urchase U.S. Housing and Urban
Development (HUD) Dollar Home ?The two attached items go with this department report. Bill s oke
with the Mayor about adding this a ends item tomorrow ni ht and p
9 g she ~s OK with it. Thank you!
Emily
5/24/2011
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: QF
PROJECT NUMBER:
ITEM TITLE: Department Report: Legal Department
Resolution No. : A Resolution Dele '
gating Authority to Purchase
Dollar Home from the U.S. Department of Housin and Urba •
g n Development, and
Providing an Effective Date
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
RESOLUTION N0.
~ I--~ ~~
NCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
BY THE CITY COU
DELEGATING AUTHORITY TO THE ADA COUNTY HOUSING
A RESOLUTION
TO PURCHASE DOLLAR HOME FROM THE UNITED STATES
AUTHORITY
NT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING AN
DEPARTME
EFFECTIVE DATE.
WHEREAS the Dollar Homes initiative of the United States Department of Housing
rban Develo ment "HUD" hel s local governments foster housing opportunities for low
and U p ( ) p
o moderate income families b offering cities the opportunity to purchase, for one dollar plus
t y ,. .
closin costs sin le-famil homes acquired by the Federal Housing Administration ("FHA")
g ~ g y
through foreclosure actions;
WHEREAS, ursuant to HUD Notice H 00-7, issued Apri128, 2000 and formally
p
extended b HUD Notices H 01-06, H 02-02, H 03-09, H 04-07, 05-11, and 06-02, and
Y
resumin the informal extension thereof absent any subsequent contradictory notice or
p g ..
indication from HUD, the City of Meridian is eligible to purchase Dollar Homes directly from
HUD or to identify an agency of government such as a housing authority to act as the City's
agent to purchase these properties;
WHEREAS, Meridian is served by the Ada County Housing Authority ("ACHA"),
which agency is aquasi-governmental entity established pursuant to Idaho Code sections 50-
1901 et seq. to perform certain essential governmental functions, and is dedicated to enhancing
our community by providing safe and affordable housing and fostering self sufficiency and
stability for people in need, with an established history of success in the development,
rehabilitation, and management of affordable housing, and is therefore uniquely qualified to act
as the City's agent for the purpose of purchasing, administering, and/or disposing of properties
available through HUD's Dollar Homes program; and
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest
of the people of the City of Meridian for the City to designate ACHA as the City's agent for the
u ose of urchasing properties from HUD through the Dollar Homes program;
p~ p
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That, pursuant to all applicable provisions of state and federal law, and the
terms and conditions of the Memorandum of Agreement between the City of Meridian and
ACHA, executed contemporaneously herewith, ACHA is hereby designated the City of
Meridian's agent for the purpose of purchasing, administering, and disposing of properties
available through HUD's Dollar Homes program; and
DELEGATION OF AUTHORITY TO ACHA TO PURCHASE HUD DOLLAR HOMES
PAGE l OF 2
.~
tion 2. That this Resolution shall be in full force and effect on May 24, 2011.
Sec
PTED b the Cit Council of the City of Meridian, Idaho this 24th day of May,
ADO y y
201 1.
APPROVED b the Ma or of the City of Meridian, Idaho, this 24th day of May, 2011.
y y
APPROVED: , ~~ }~,~ ~ ~ ~ jATTEST:
1 t "P!s
* ",~
1~'; P riles ~"~~' ~4~~y'~ kn
S Z'p M1 Q,y~R']u. S'ayy y3\ . l yt. V v 4~
,. r;,q r .., ~,,
.~, .,'
or ~~ ~`~ ace man, City Clerk
Tammy d r ,May .. ~ y v
~- ~' ~ ~ , sd ,r
.~ -~
~ t% , S ? j'yi~' A ~
~ d
%;r ~ K ~;n ~~'
DELEGATION OF AUTHORITY TO ACHA TO PURCHASE HUD DOLLAR HOMES PAGE 2 OF 2
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 9G
PROJECT NUMBER:
ITEM TITLE: Department Report: Legal Department
Memorandum of Agreement Designating Boise City/Ada County Housing Authority as
City's Agenda to Purchase HUD Dollar Homes
MEETING NOTES
(.~1~
CUy~QI~ Wig
CLERKS OFFICE FINAL ACTION
DATE: E•MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS
MEMORANDUM OF AGREEMENT
DESIGNATING BOISE CITYIADA COUNTY HOUSING AUTHORITY
AS CITY'S AGENT TO PURCHASE HUD DOLLAR HOMES
Th1S MEMORANDUM OF AGREEMENT DESIGNATING BOISE CITY/ADA COUNTY HOUSING
AUTHORITY AS CITY' S AGENT TO PURCHASE HUD DOLLAR HOMES "MOA" is entered into this
iG . ( )
day of May, 2011(Effective Date"), by and between the City of Meridian a munici al
p
corporation organized under the laws of the state of Idaho ("City") and the Boise Cit /Ada Count
Y Y
Housing Authority ("BCACHA"), a nonprofit organization organized under the laws of th state of
Idaho.
WHEREAS, the Dollar Homes initiative of the United States Department of ousin and
g
Urban Development ("HUD") helps local governments foster housing op ortuniti for low to
• .. .. p
moderate income families by offering cities the opportunity to purchase, for one ollar lus closin
. p g
costs, single-family homes acquired by the Federal Housing Administration (" A") throu h
g
foreclosure actions;
WHEREAS, pursuant to HUD Notice H 00-7, issued April 28, 00 and formally extended
by HUD Notices H O 1-06, H 02-02, H 03-09, H 04-07, OS-11, and 06- 2 (and resumin the
. p g
informal extension thereof to the effective date of this MOA absent y subsequent contradictor
Y
notice or indication from HUD), the City of Meridian is eligible t purchase Dollar Homes direct/
Y
from HUD, or to identify an agency of government such as a ho sing authority to act as the Cit 's
Y
agent to purchase these properties;
WHEREAS, Meridian is served by BCACHA, w ' h is dedicated to enhancing our
community by providing safe and affordable housing an fostering self sufficiency and stabilit for
. ~ Y
people in need, and is therefore uniquely qualified to a as the City s agent for the purpose of
purchasing, administering, and/or disposing of prope ies available through HUD's Dollar Homes
program; and
WHEREAS, the City Council of the C' of Meridian finds that it is in the best interest of
the people of the City of Meridian for the Cit to designate BCACHA as the City's agent for the
purpose of purchasing properties from HU through the Dollar Homes program;
NOW, THEREFORE, in consi eration of the mutual promises and covenants herein
contained, and in consideration of the ecitals above, which are incorporated herein, City and
BCACHA agree as follows:
I. Agency conveyed. BC HA is hereby designated the City of Meridian's agent for the
purpose of purchasing, dministering, and disposing of properties available for purchase
from FHA through H D's Dollar Homes program.
II. Indemnification. CACHA and each and all of its employees, agents, contractors,
officials, officer ,servants, guests, and/or invitees, and all participants in BCACHA
programming, hall indemnify and save and hold harmless City from and for any and all
losses, clai ,actions, judgments for damages, or injury to persons or property and losses
and expenses caused or incurred by BCACHA or any BCACHA employee, agent,
contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of
MOA DESIGNATING HOUSING AUTHORITY AS CITY'S
AGENT FOR PURCHASE OF HUD DOLLAR HOMES PAGE 1 OF 3
BCACHA programming, in or related to its purchase, administration fina '
. . , ncing, sale, rental,
or other disposition of any HUD Dollar Home not caused b or arisin out of '
. , , Y g the tortlous
conduct of Clty. If City incurs liability due to the actions or omissions of BC
ACHA or any
BCACHA employee, agent, contractor, official, officer, servant uest and/or in '
.. ~ g vitee, or any
participant in BCACHA programming, BCACHA covenants and agrees to indemnif and
save and hold harmless Cit fr Y
y om and for all such losses, claims, actions, or judgments for
damages or liability to persons or property. City makes no warrant or romise as
. , y p to the
condition, safety, usefulness, or habitability of any premises urchased administered
p ~ ,
financed, sold, rented, or otherwise disposed of under the HUD Dollar Home ro ram.
pg
III. BCACHA solely responsible. BCACHA shall be sole/ res onsible for all as ects of
Y p p
purchase, administration, financing, sale, rental, or other disposition of an HUD Dollar
Y
Home undertaken pursuant to this MOA. BCACHA shall assume all risks and liabilit
Y
related to any transaction related to this MOA and/or the HUD Dollar Home ro ram.
p g
Further, BCACHA shall be solely responsible for the payment to HUD of the urchase
. p
price, closing costs, and any and all other direct and indirect costs related to the urchase
p
administration, financing, sale, rental, or other disposition of any HUD Dollar Home
undertaken pursuant to this MOA.
IV. Compliance with laws. In acting hereunder, City and BCACHA shall com 1 with all
pY
applicable Federal and State laws and regulations.
V. Notices.
Notices required to be given by either party hereto shall be in writing and be deemed
communicated when personally served, or mailed in the United States mail, certified, return
receipt requested, addressed as follows:
City of Meridian Boise Cit /Ada Count Housin Authorit
Y Y g y
Attn: Planning Director Deanna Watson, Executive Director
33 E. Broadway Avenue 1276 W River St. Suite 300
Meridian, Idaho 83642 Boise, Idaho 83702
Either party may change its authorized representative and/or address for the u ose of this
.. p~
paragraph by giving written notice of such change to the other party in the manner herein
prove ed.
VI. Term of Agreement. This MOA shall become effective upon execution b both arties
. Y p
and shall expire five (5) years from the Effective Date unless earlier terminated or extended
in the manner as set forth herein. If the parties to this MOA fail to mutual/ extend this
. Y
term, and neither has terminated the MOA, the term of this MOA, or such other terms as the
parties have agreed upon in writing, shall be renewed automatically for one- ear eriods
. Y p
thereafter unless terminated by either party in the manner provided in this MOA.
VII. Termination process. Either party may terminate this Agreement b rovidin thirt 30
Yp g Y( )
days advance written notice of intention to terminate. Such written notice shall include a
description of the breach or circumstances providing grounds for termination. A fourteen
(14) day cure period shall commence upon mailing of the notice of intention to terminate.
If, upon the expiration of such cure period, cure of the breach or circumstances rovidin
p g
grounds for termination has not occurred, this Agreement may be terminated u on rovision
p p
MOA DESIGNATING HOUSING AUTHORITY AS CITY'S
AGENT FOR PURCHASE OF HUD DOLLAR HOMES PAGE 2 OF 3
of written notice of termination. Grounds for termination of this A '
greement shall include,
but shall not be limited to:
A. An act or omission by either party which breaches an term of this A
Y greement.
B. An act of nature or other unforeseeable event which recludes or mak '
p es impossible the
performance of the terms of this Agreement by either art .
. p Y
C. A change in circumstances that renders the erformance b either art '
p y p y a detriment to
the public health, safety, or welfare.
VIII. Construction and severability. If any part of this A reement is held to be ' '
g invalid or
unenforceable, such holding will not affect the validity or enforceabilit of an other
y y part of
this Agreement so long as the remainder of the Agreement is reasonabl ca able of
Y p
completion.
IX. Entire agreement. This MOA contains the entire agreement of the arties and su ersede
p p s
any and all other agreements or understandings, oral or written, whether revious to the
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execution hereof or contemporaneous herewith.
X. Approval required. This MOA shall not become effective or bindin until a roved b the
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respective governing bodies of both City and BCACHA.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed b their
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duly authorized officers to be effective as of the day and year first above written.
BOISE CITY/ADA COUNTY HOUSING AUTHORITY:
BY:
Deanna Watson
Executive Director
CITY OF MERIDIAN: ATTEST:
BY:
Tammy de Weerd, Mayor
Jaycee Holman, City Clerk
MOA DESIGNATING HOUSING AUTHORITY AS CITY'S
AGENT FOR PURCHASE OF HUD DOLLAR HOMES. PAGE 3 OF 3
MEIVIGRANDUM OF AGREEMENT
DESIGNATING ADA C~JUNTY MOUSING AUTHGRITY
AS CITY'S AGENT TO FURCkIASE HUD D4LEAR HOMES
This MEMORANDUM nF AGREEMENT DESIGNATING I30rSE CiTYIADA COUNTY HOUSING
AUTI~ORITY AS CITY'S AGENT TO .PURCHASE HUD DOL~,AR HOMES ~"MaA"} is entered into this
day of May, 2011 ~"effective Date"}, by and between the City of Meridian, a municipal
corporation organized under the laws of the state of Idaho ("City"} and the Ada County Housing
Authority ~"ACHA"}, aquasi-governmental entity established pursuant to Idaho Code sections 50-
1901 et seq.
WHEREAS, the Dollar Homes initiative of the United States Department of Housing and
Urban Development ("HUD"} helps Local governments foster housing opportunities for low to
moderate income families by offering cities the opportunity to purchase, for one dollar plus closing
Costs, single-family homes acquired by the Federal Housing Administration ~"FHA"} through
foreclosure actions;
WHEREAS, pursuant to HUD Notice H 00-7, issued April 28, 2000 and formally extended
by HUD Notices H 01-Od, H 02-02, H ~3-09, H 04-47, 05-11, and 06-02 hand presuming the
informal extension thereof to the effective date of this MOA absent any subsequent contradictory
notice or indication from HUD}, the City of Meridian is eligible to purchase Dollar Homes directly
from HUD, ar to identify an agency of government such as a housing authority to act as the City's
agent to purchase these properties;
'W'HEREAS, Meridian is served by ACHA, aquasi-governmental entity established
pursuant to Idaho Cade sections 501901 et seq. to perform certain essential governmental
functions, and which is dedicated to enhancing our community by providing safe and affordable
housing and fostering self sufficiency and stability for people in need, and is therefore uniquely
qualified to act as the City's agent for the purpose of purchasing, administering, andlor disposing of
properties available through HUD's Dollar Homes program; and
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of
the people of the City of Meridian for the City to designate ACHA. as the City's agent for the
purpose of purchasing properties from HUD through the Dollar Homes program;
N4W, THEREFORE, in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which are incorporated herein, City and
ACHA agree as follows:
I. Agency conveyed. ACHA is hereby designated the City of Meridian's agent for the
purpose of purchasing, administering, and disposing of properties available for purchase
from FHA through Ht]D's Dollar Homes program.
II. Indemnification. ACHA and each and all of its employees, agents, contractors, officials,
officers, servants, guests, andlor invitees, and all participants in ACHA programming, sha11
indemnify and save and hold harmless City from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or propert~r and lasses and expenses caused or
incurred by ACHA or any ACHA employee, agent, contractor, official, officer, servant,
MOA DESIG~AT[NG .~aUSING AUTHQ~TY AS CiTY'S
AGENT FQR PURCHASE 4F BUD DOLLAR H4M~S PAGE t aF 3
guest, andlar invitee, or any participant in or observer of ACHA pragramn~in , in or related
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to its purchase, administration, financing, sale, rental, or other disposition of an HUD
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Dollar Home not caused by or arising out of the tortious conduct of Ci . If Ci incurs
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I~abll~ty due to the actions or omissions of ACHA or any ACHA em to ee, a ent,
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contractor, official, ofl~cer, servant, guest, andlar invitee, or any participant in ACHA
programming, ACHA covenants and agrees to indemnify and save and hold harmless Ci
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from and for all such losses, claims, actions, or ~ udgments~~ for damages or liab~ll to ersons
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or property. City mares no warranty ar promise as to the condition, safety, usefulness, or
habitability of any premises purchased, administered, financed, sold, rented, or otherwise
disposed of under the HUD Dollar Name program.
III. ACHA solely responsible. ACHA shall be solely responsible for all as ects of urchase
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administration, financing, sale, rental, ox other disposition. of any HUD Dollar Dome
undertaken pursuant to this MQA. ACHA shall assume all risks and liability related to an
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transaction related to this MQA andlor the HtJD Dollar Dome program. Further, ACHA
shall be solely responsible for the payment to HUD of the purchase price, closing costs, and
any and all other direct and indirect costs related to the purchase, administration, financin ,
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sale, rental, or other disposition of any HUD Dollar Dome undertaken pursuant to this
MQA.
IV. Compliance with laws. In acting hereunder, City and ACHA shall comply with all
applicable Federal and State laws and regulations.
'~. l~otices.
Notices required to be given by either party hereto shall be in writing and be deemed
communicated when personally served, or mailed in the United States mail, certified, return
receipt requested, addressed as follows:
City of Meridian Ada County Housing Authori
Attn: Planning Director Deanna Watson, Executive Director
33 E, Broadway Avenue I27~'~' ~,iver St., Suite 300
Meridian, Idaho 83d~~ Boise, Idaho 83702
Either party may change its authorized representative andlor address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
VI. Terra of Agreement. This MQA shall. become effective upon execution by both parties,
and shall expire five ~5}years from the Effective Date unless earlier terminated or extended
in fibs manner asset Earth herein. If the parties to this MQA fail to mutually extend this
term, and neither has terminated the MQA, the term of this MQA, or such other terms as the
parties have agreed upon in writing, shall be renewed automatically for one-year periods
thereafter unless terminated by either party in the manner provided in this MQA.
vII. Termination process. Either party may terminate this Agreement by providing thirty X30}
days advance written notice of intention to terminate, Such written notice shall ~ include a
description of the breach ar circumstances providing grounds for termination. A fourteen
~ 14} day cure period shall commence upon mailing of the notice of Intention to terminate.
If, upon the expiration of such cure period, cure of the breach or circumstances providin
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grounds for termination has not occurred, this Agreement may be terrrxinated upon provision
MOA DESIGNATING HOUSING AUTHORITY AS CITY'S
AGENT FOR PURCHASE OF HUD DOL~.AIt HOMES PAGE Z OI{ 3
of written notice of termination, Crro~~~tds for te3•minatian of this Ag~•eex~~ent shall. i~~cludc
buy shah not beli~i~~ited to.
A, An act o:• omission by either Arty which breaches any term ofthis Agreelne~~t.
E• An act of Mature o~• other unfo~•eseeable event~rhich precludes o~• makes iml}ossible tl~e
per€ormance of tl~e terr~~s of this Agreement by either party.
C. A change in circum~tat~ces that renders tl~e peri'armance by either party a detriment to
tl~e public health, safety., or ~velfaie, .
VIII, CQ:15~1'ticflon a~~d severabili#y, ~f any part ofthis Ag~•ee.naent is .held to be It}valid ar
u~~enforceable, such Bolding will not affect t11e validity or enforceability of any other part of
this ,Agreement .so sang as the remaindel• of the Agreement is reasonably capable of
co~nl~ et~on•
I~• ~~~tire agreement, This MCA contains the enti~•e agreement of the parties andsupersedes
a~~y anal ali otl~ei~ agreements ot• understandings, o~•ai ar~ written, whethe~• previous to the
execution lle~•eof or contemporaneous l~erevri.tla•
~, Approval required, This MBA shall not. become ~et'fective ox binding ~u~~til approve{i by the
respective governing bodies of both City aad A,C~A.
~IN ~'~ITIY ~+ SS ~~~~I~a~UT, the parties shall cause this Agreement to be executed by their
duly authot•ized officers to be effective as of the day and year first above v~r.itten•
~3CIISI+~ CITY/ADA C~U.NTV ~~C~SYNG A~T~I4~YTY;
• ~ ~ '~J
• --nJ ~~
Deanna 't~atso~~
Executive ~~it•ector
C~T~~' or n~~c~r~~Al~; ATTEST:
~~:
Tammy ~{e V~eerd, Mayor
Jaycee l~oln~an, City Cle~•k
I1'IOA ~L~SICr~~r1~'Ii~C ~4ll~iil'Cr A~u1'no~tY'1`Y tiS C~x~''S
A-CYL~YT F4R PURCI~[~Si; OIL' ~.~~ DOLLr1Tt ~~~IL~~ ~~cr 3 ~~~ 3
Meridian City Council Meeting
DATE: May 24, 2011 ITEM NUMBER: 1 O
PROJECT NUMBER:
ITEM TITLE: Future Meeting Topics
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO
STAFF SENT TO
AGENCY SENT TO
APPLICANT NOTES INITIALS