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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 g Y 24, 2011, by Mayor Tammy de Weerd. Members Present: Ma or Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird y 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 Y~ 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 pp Y 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 Y 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 y ., .. 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 y 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 g g you need to continue with this very important roll that you have in our communit and to bless each one . Y of the Council and, of course, Bill Nary. He needs a lot of hel . p 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 g 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 g bless each one of us. Bless in everything that is said and done in this meetin toni ht. W g 9 e ask all these things in Jesus' wonderful and mighty name, amen. Bless ou. Y 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 g 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? g 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. g 9 YY 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 g g 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 pp 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. Y 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 Y are awarded and will be recognized this evening goes to show how these oun eo le h Y gp p 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 pp Y need from the families and friends. We appreciate the families bein here su ortin 9 pp g their graduating senior and good luck in that upcoming colle a term. But I would like to g present some information about each of those before I go down to the odium to . .. p 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 . Y Y scholarship. We write the check to the school of your choice and the will bill us but he . Y , will give you those details outside. And I would also like to resent ou with a Cit of p Y Y Meridian pin and I'm sure you will wear it to each of your classes, so ou remember . Y where you re from. But if you will indulge me, I would like to tell ou about the four . Y students that are recipients of the scholarships this year. Our first one is Mattie Mun er . 9 of the Mountain View High School, will pursue pre-med studies, ho efull at the p Y University of Washington. Now, I wouldn't say hopefully, because I am a Cou ar and g 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 p 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 d gY egree at a school yet to be decided. Either University of Idaho or Universit of Utah . Y on his way to medical school. Brady has a very active volunteer histo datin back to . rY g 2007 for a variety of organizations, including Grandparents As Parents, the Budd Walk Y and most recently I know hes been working doing to some clean-u work alon Ea le p 9 g Road. Mary Ann Secrist also of Meridian High School, will pursue a s cholo de ree p Y 9Y 9 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 Yg Y enriches not only the experience that you have, but the ex erience of the adults that p also get to see our youth that care and that's such an im ortant messa a in our . p 9 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 9 Y pp by each of those organizations that you guys donate your time to. So, if the four of ou will Y 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 g certainly see that most of them are very active in their community. So, thank ou to Y each of every one of you. And Mattie --who is Mattie? This just sa s on the certificate: . Y 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 Y Y 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 . Y 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 Y g you 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 Y 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 9 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 Y 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 g 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 Y Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick Road Request: Rezone of 18,522 +l- S uare Feet q 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 Y Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick Road Request: Modify the Existing Develo ment p Agreement to Reflect the Proposed Rezone; Modi uses Allowed on the Site Consistent with the Unified Develo ment p 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 Y ~ or the 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 pp included in the amended development agreement. The ro osed amendments p p to the 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 p pp the applicants request to remove the CUP requirement for lots abuttin Ustick Ten Mile g , 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 .. p , 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 pp y zoned C-G on the corner of Ustick and Ten Mile. The hours of o eration on those lots . p 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 pp e applications at their April 21 st public hearing. Tamara Thom son testified in favor of the p 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 p 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 g pp , 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 g y 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 g p 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 ppY 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 . Y to 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 . Y , if you would like to provide testimony at that time, I would invite ou forward. Donald . Y 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 Y 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 g 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 Y are doing here. I dont know what they are doing on my west boundary for one thin . g 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 . rY g 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 Y 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 g 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 q g articular that would relate to the side yard setback requirement. In this particular case p . 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 Y , ou wanted to modulate that building. Basically, what it looks like is that -- whats Y 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 q g 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 Y . 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 p denial. A ain, there are no other outstanding issues before you with the preface of just g 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 Y Drive, Boise, Idaho. De Weerd: Thank you. Nori uki: Bill, is there an overhead we can -- thank you. Hopefully we can get this Y 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 p g 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 Y mi ht have from a standard subdivision coming in with an R-2 zone. This project g actual) started out in its past history in the county with the designation of R-3 that didn t v 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 g 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 g 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 pY 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 recomme pp p rY ' ' ualification re uirements for open space. So, at least we know we meet the minimum q q minimum. Bill could probably show you the specifics of that. ns: Madam Ma or Councilman Rountree, Council Members, the preliminary plat Parso y , 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 a p p 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 p are that weren't re uired by code, so -- with a tot lot and those types of things, those q 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 Y 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 D 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 Y , an understandin from Council on what the issues are and the challenges. We don t g want to chan a the inte rit of the subdivision. I have no doubt that the applicant has g gY 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 Y rY g to ether on this again, see if we can find another way to approach it. g 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 Y 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 g any amendments that may be agreed to in writing b the arties. Y p 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 Y 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 •~ .. M ww •.v e M /~ 1 ~ i r ~ ~.. C ,:. , ... . OLMAN, CIT1~~;C '~~1~. ~4~`t,~ . ~~ /fir/l ~~~»~~~ ~,~~ ' ``11``~~~ 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 ~ ~ ~ .v Na .. .. ~ c ~ ~ ~ ~ ~~ a .y ~ ~ 0 n~~ W 0 Z ~ Q 0 0 ~ N W~ ~ N OJ ~' ' ~ °o _~ V~ a~ rn ~ ~ ~ • a~ ~ c 0 ~ ~.., ~, ^` W ~ o L > , ~ ~ o N v 0 U N ~ a N - ~ 0 c ~ ~ _ N o L ~ ~ m ~ ~, ~ c ~ m >, ~ Q o C ~ ~ ~ U ~+ m ~ ~ ~ ~ c ~ = Q U ._ r ~ N U ' 0 ~ O ~ r ~ Z N ~ N ~' O O 0 0 c o '- ~ ~ ~ •N 0 c a~i ~ 0 ~ ~ N N N U ~ ~ •- ~ ~ ~ ~ 0 ~ ~ ~ 0 ~ C 0 ~- ~ • ~- N ~ U N N L- .~ ~ U ~ •~ ~ ~ C +~ ,; N 0 L N 0 N N •U U ~ ~ N ~ ~ ~ ~ 0 ~ N ~ ~ +~ ~ Q ' ~ U N N ~ p ~ ~ ~ ~ ~ zT ~ - ~ i U ~„~ ~ N ~ N N 0 ~ ~ 0 O 0 O 0 ~ ~~ ~ ~ ~ ~~~ ~ ~ L V C 0 O O O O ~ O O O C 7 0 ~ ~ rn~ W Q ~ ~ ~ ~ / W V O O o U Z W o ~ ~ •N ~ J ~~ p HV ~ ~ 0 Q ~ V V ~ ~ ~ ~ Q N ~ F- o o ~ O N H ~~ w O ° ~ o ~ ~ ~ a N 0 vi ~ o ~ ~ ~ o •o o~~ ~ ~ ~ •~? •rn ~ ~ L ~ L ~ 0 3 0 ~ •j > .L ~ o c p ~ a o c '3 c~ ~ ~~ ~ ~ ~ c ~ 0 act ~ ~~ a ~ L ~ +~ ~ D rn •3 ,~ ~ .~. N 0 ~ >, C tIf N ~ ~ Q ~ ~ ~ U Q ~ N ~ ~ ~ 0 ~ m i~ ~ ~ U ~ ~ 0 ~ ~ C 0 ,O ~ N N 0 +~-' ~ p ~ N ~ ~..,: ~ ~ ~ ~~~ ~, ~ ~ ~ ` ~~ o p ~ U ~- ~ O N ;.~` o c~ ~~ a~ ~ ~~ ~ ~ " ,,~,•.. s ~ ~~ ~ ~ ~ ~~ •~ Y/ N 4 '.. .• j ~UU~ O ^\ ~~, W +~ ,^ ,. N 1 O ++ ~ ~, ~' V L ~ ~ ~ '~ ~ C ~ 0 ~ N ~ ~ •U N .~ ,~. c Q_ ~ to '- 0 ~ li ~_ N .. ~ J O ,_ Q 3~ ~ o~ 0 N o00 a~. ~* 0. ~ ~ Q l` W L 0 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 ~c~ z ~~ H Q ~ w N ~ U ~ 0 4- U N .. ~ C ~ ~ } ~ .~ d. _ ~ ~ U ~a ~ N ~ N ._ ~ p N °o O ~ N ~ a~ ~ ~ ~ ~ a~ ~ ~ ~- ~ 0 N ~ ~ 'V ~ `~ '~ O U >, ~ 0 ~ ~ ~ > ~ Q (~ ~ ~ ~ -~ 0 4- ;~+ ~U Q O ~ N ~ o ~ C V ,0 w .~ Q 0 Q 0 .y 0 Z .. 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N o ~ 0 ~ ~ U ~ O O ~~ c ~ ~ ~ ~ ~ ~ ~ N N O -_ O ~ ~ N N ~ U ~ ~ r- ~ ~ p N N c~ o 0 N O O O Q _ ~~ ~ L .. ~ Z W > 0 ~ , ~ W Q ~ ~ Z ~ 0 N ~ J o = Q , ~ Q ~ 0 V p ~ Q Z ~ ~ v 0 ~ ++ C 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 p execution hereof or contemporaneous herewith. X. Approval required. This MOA shall not become effective or bindin until a roved b the g pp Y respective governing bodies of both City and BCACHA. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed b their Y 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 g to its purchase, administration, financing, sale, rental, or other disposition of an HUD y Dollar Home not caused by or arising out of the tortious conduct of Ci . If Ci incurs tY ~' I~abll~ty due to the actions or omissions of ACHA or any ACHA em to ee, a ent, p y g 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 .. ~' from and for all such losses, claims, actions, or ~ udgments~~ for damages or liab~ll to ersons . tY p 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 P p s 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 y 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 , g 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 g 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