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2011-06-07IDIAN�-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 07, 2011 at 7:00 PM (7:04 PM) 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved with Noted Correction to Item 5C A. Approve Minutes of April 18, 2011 City Council Special Joint Meeting B. Approve Minutes of May 17, 2011 City Council Regular Meeting C. Approve Minutes of May 24, 2011 City Council Regular Meeting Minutes Will be Amended to Reflect that Councilman Brad Hoaglun was Absent at This Meeting D. Professional Services Agreement with Tom Phelps/Kings of Swing for Musical Talent for Concerts on Broadway for the Not -to -Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent for Concerts on Broadway for the Not -to -Exceed Amount of $500.00 F. Sole Source Procurement of WebCTRL Sensors, Controls, and Software from Automated Logic G. Sole Source Purchase for Sensus Water Meters and Authorization for Advertisement of Purchase in Local Paper Meridian City Council Meeting Agenda —Tuesday, June 07, 2011 Page 1 of 5 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. H. Award of Bid and Agreement for the Waste Water Treatment Plant (WWTP) Filters Building Construction Project No. 10160a to Ewing Company for the Not -to -Exceed Amount of $1,069,086.64 1. Agreement Adding Task Order #2 to Master Agreement for Professional Services with Access Idaho to Enable Electronic Payment Transactions for Application and Service Fees Collected Through Accela J. Development Agreement for Approval: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C -C Zoning District K. Final Order for Approval: FP 11-003 Waverly Place by Mountain West Entrust IRA FBO Robert Mortensen IRA Located 2510 Magic View Drive Request: Final Plat Approval of 25 Building Lots and Three (3) Common / Other Lots on 4.9 Acres of Land L. Final Order for Approval: 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 M. Findings of Fact and Conclusions of Law and Decision and Order of Denial: 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 N. Findings of Fact, Conclusions of Law for Approval: 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 +/- Square Feet from L -O (Limited Office) to I -L (Light Industrial) and 16.24 +/- Acres from L -O to C -G (General Retail & Service Commercial) O. Findings of Fact, Conclusions of Law for Approval: MDA 11- 002 McNelis Subdivision by Ten Mile Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick Road Meridian City Council Meeting Agenda — Tuesday, June 07, 2011 Page 2 of 5 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. 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 P. Findings of Fact, Conclusions of Law for Approval: 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 Amenities/Common Open Space Q. Resolution No. 11-789: 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) R. Resolution No. 11-790: Approving and Effectuating Bylaws of Meridian Parks and Recreation Commission as Amended on May 11, 2011 S. Resolution No. 11-791: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Fire Department T. Budget Amendment for Outside Legal Counsel Fees 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: AP 11-001 Southridge Subdivision Gravel Mining by Idaho Sand & Gravel Company Located South of W. Overland Road; Southwest of the Ridenbaugh Canal and East Meridian City Council Meeting Agenda— Tuesday, June 07, 2011 Page 3 of 5 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. of S. Ten Mile Road Within Future Development Areas of Southridge Subdivision Request: City Council Review of the Director's Decision to Deny the Conditional Use Permit Modification to Allow Audible Back Up Alarms on Construction Equipment Used on the Site Approved with Conditions B. Public Hearing: VAC 11-001 Jayker by SWG Brighton, LLC Located North Side of Chinden Boulevard, East of N. Tree Farm Way Request: Vacate a Portion of the Plat (Lots 1; 8-15, Block 15 & Lots 1-32 Block 16) and the Associated Public Utility Easements Platted with Jayker Subdivision No. 1 Approved C. FP 11-005 Spurwing Orchard by SWG Brighton, LLC Located North Side of Chinden Boulevard; East of N. Tree Farm Way Request: Final Plat Approval for 38 Residential Building Lots and Four (4) Common Lots on 12.98 Acres in an R-15 Zoning District Approved with Conditions D. MFP 11-001 Gateway Marketplace No. 2 by The Land Group Located Southeast Corner of E. Ustick Road and N. Eagle Road Request: Approval to Remove the 10 -Foot Wide Landscape Easement Platted Along the Eastern Boundary and Conditioned with Gateway Marketplace Subdivision No. 2 (File #FP 07-020) Approved 8. Department Reports A. Planning Department: Community Development Block Grant (CDBG) Program Year 2011 (PY2011) Pre -Draft Discussion B. Planning Department: Continued from May 17, 2011: Findings of Fact and Conclusions of Law for Approval: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations Approved C. Parks Department: Budget Amendment for New Bleachers for Mo Brooks Field in Storey Park for the Not -to -Exceed Amount of $38,825.00 Approved D. Parks Department: Budget Amendment for Julius M. Kleiner Memorial Park Add -Alternates for the Not -to -Exceed Amount of $131,880.00 Approved Meridian City Council Meeting Agenda—Tuesday, June 07, 2011 Page 4 of 5 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. E. Public Works Department: Budget Amendment for Water Service Main Replacements: Request to Move $56,000.00 from Professional Services -Water into Service Water Line/Water Main Replacements Creating No Net Change to FY2011 Budget Approved F. Public Works Department: Budget Amendment for Northwest 4th Street Water Line Replacement for the Not -to -Exceed Amount of $50,000.00 Approved G. Legal Department: Budget Amendment for the Youth Work Life Skills Program for the Not -to -Exceed Amount of $11,828.00 Approved H. Legal Department: Budget Amendment for Additional Funding for the Historical Society Intern Position for the Not -to -Exceed Amount of $1,110.00 Approved 9. Ordinances A. Ordinance No. 11-1484: An Ordinance (RZ 09-006 Southridge West Commercial) for the Re -Zone of a Tract of Land Situated in the West 1/2 of the Northwest 1/4 of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and Providing an Effective Date Approved 10. Future Meeting Topics None Discussed Meeting Adjourned at 10:49 PM Meridian City Council Meeting Agenda —Tuesday, June 07, 2011 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 7, 2011 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, June 7, 2011, by Council President David Zaremba. Members Present: Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jacy Jones, Anna Canning, Bill Parsons, Jamie Leslie, Rich Dees, Kyle Radek, Steve Siddoway, Lori den Hartog, Luke Cavener and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Zaremba: All right. Good evening, everybody. Welcome and thank you for waiting a few extra minutes while we concluded some earlier business. I will open the regular City Council meeting for June 7th, 2011. It is about five minutes after 7:00 and we will begin with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Zaremba: All right. Item 2 on our agenda is the Pledge of Allegiance. Please join me. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church Zaremba: The next item on our agenda is the community invocation. Tonight this will be presented by Larry Woodward of the Ten Mile Christian Church. Thank you, Mr. Woodward. And if you would, please, join us in the invocation or take this as a moment for silent reflection on your own. Thank you very much. Woodward: Thank you. Our dear Heavenly Father, we thank you for this group of men who lead our community. We thank you for our Mayor. She is gone tonight, but I ask that you bless both -- all of these tonight, David and Brad and Charlie and Keith, as they ponder issues that will affect our community in the future. You know, we are one of the friendliest communities for families in the United States and we are proud of that and these men are -- those are the ones that have led us to this point. We just pray that our community will continue to be a safe place to live for both the elderly, families and children. I would be remiss tonight in not asking for a blessing for our police and firemen and EMTs and all the city workers that make this a wonderful community. I just Meridian City Council June 7, 2011 Page 2 of 75 say in conclusion that you give them wisdom tonight as they go through their agenda, in Jesus' name, amen. Item 4: Adoption of the Agenda Zaremba: Thank you. Item 4 is the adoption of the agenda. Hoaglun: Madam Mayor? Zaremba: Mr. Hoaglun. Hoaglun: A couple notes on tonight's agenda. Under the Consent Agenda, Item 5-Q, that resolution number is 11-789. 5-R is resolution number 11-790. And 5-S is resolution number 11-791. And, then, under ordinances, Item 9, 9-A is ordinance number 11-1484. So, with those notations, Mr. President, move adoption of tonight's agenda. Rountree: Second. Zaremba: We have a motion and a second adopting the agenda as amended. All those in favor say aye. Any opposed? That motion carries unanimously. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of April 18, 2011 City Council Special Joint Meeting B. Approve Minutes of May 17, 2011 City Council Regular Meeting C. Approve Minutes of May 24, 2011 City Council Regular Meeting D. Professional Services Agreement with Tom Phelps/Kings of Swing for Musical Talent for Concerts on Broadway for the Not -to -Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent for Concerts on Broadway for the Not -to -Exceed Amount of $500.00 F. Sole Source Procurement of WebCTRL Sensors, Controls, and Software from Automated Logic G. Sole Source Purchase for Sensus Water Meters and Authorization for Advertisement of Purchase in Local Paper H. Award of Bid and Agreement for the Waste Water Treatment Meridian City Council June 7, 2011 Page 3 of 75 Plant (WWTP) Filters Building Construction Project No. 10160a to Ewing Company for the Not -to -Exceed Amount of $1,069,086.64 I. Agreement Adding Task Order #2 to Master Agreement for Professional Services with Access Idaho to Enable Electronic Payment Transactions for Application and Service Fees Collected Through Accela J. Development Agreement for Approval: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C -C Zoning District K. Final Order for Approval: FP 11-003 Waverly Place by Mountain West Entrust IRA FBO Robert Mortensen IRA Located 2510 Magic View Drive Request: Final Plat Approval of 25 Building Lots and Three (3) Common / Other Lots on 4.9 Acres of Land L. Final Order for Approval: 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 M. Findings of Fact and Conclusions of Law and Decision and Order of Denial: 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 N. Findings of Fact, Conclusions of Law for Approval: 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 +/- Square Feet from L -O (Limited Office) to I -L (Light Industrial) and 16.24 +/- Acres from L -O to C -G (General Retail & Service Commercial) O. Findings of Fact, Conclusions of Law for Approval: 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 Meridian City Council June 7, 2011 Page 4 of 75 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 P. Findings of Fact, Conclusions of Law for Approval: 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 Amenities/Common Open Space Q. Resolution No. : 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 (MUNR) R. Resolution No. : Approving and Effectuating Bylaws of Meridian Parks and Recreation Commission as Amended on May 11, 2011 S. Resolution No. : A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Fire Department T. Budget Amendment for Outside Legal Counsel Fees Zaremba: Item 5 is our Consent Agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: A couple items in the Consent Agenda. Under 5-C the approval of the minutes for May 24th. Just a note -- a change that will have to be made to that. It shows early on that I am present and I was absent at that meeting. On the votes it Meridian City Council June 7, 2011 Page 5 of 75 shows that I am absent, but just in the roll call it shows I'm present and I was not. And also as noted 5-Q is resolution number 11-789, 5-R is resolution number 11-790, and 5- 2 is resolution number 11-791. So, with that, Mr. President, I move approve of the Consent Agenda with the changes and for the Mayor to sign and Clerk to attest. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk, will you call roll, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: Thank you very much. That's unanimous. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Zaremba: Item 6 is items moved from the Consent Agenda and there were no -- none of those. Item 7: Action Items A. Public Hearing: AP 11-001 Southridge Subdivision Gravel Mining by Idaho Sand & Gravel Company Located South of W. Overland Road; Southwest of the Ridenbaugh Canal and East of S. Ten Mile Road Within Future Development Areas of Southridge Subdivision Request: City Council Review of the Director's Decision to Deny the Conditional Use Permit Modification to Allow Audible Back Up Alarms on Construction Equipment Used on the Site Zaremba: So, we are on to Action Items, Item 7 on our agenda, and Item 7-A is AP 11- 001 and I will open the public hearing on AP 11-001 and I would like to make a comment. For those of you who don't attend our meetings regularly let me explain a little bit about what we are doing tonight and what the procedure will be. We are opening the public hearing on AP 11-001, which is the Southridge Subdivision gravel mining by Idaho Sand and Gravel Company. The location of the property that we are going to talk about is south of West Overland Road and east of South Ten Mile Road. Actually, southwest of the Ridenbaugh Canal. This is a City Council review of a denial by the planning director of a modification request by the applicant Idaho Sand and Gravel. Their request was to remove an earlier condition that was placed on them and as a condition of their Conditional Use Permit, which you will hear referred to as a CUP -- that means a Conditional Use Permit -- and that condition requires them to eliminate the audible backup alarms for their equipment used in their operation. The planning director has denied that request for a modification and we are here to take public testimony on that request only and not on the operation itself. The CUP that was issued Meridian City Council June 7, 2011 Page 6 of 75 was pursuant to our ordinance and granted after public hearing by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission was final and the matter was not appealed to the City Council. This Council cannot rescind the CUP. We cannot change that. We can only decide tonight whether the request by the applicant to remove the backup alarm restriction is reasonable and compatible with the neighborhood. So, here is the procedure. The city staff will provide a staff report and, then, the applicant will get 15 minutes to state their reasons for their request. We will, then, take public testimony that will be limited to three minutes per person, unless we have a representative of the neighborhood who wishes to speak on their behalf. That person will, then, get ten minutes on behalf of the neighborhood, but the neighbors will have waived their right to their own testimony on behalf of that representative. After that testimony is concluded the applicant will, then, get five minutes to respond to anything that has been raised during the public testimony and after that the City Council will close the public hearing, deliberate, and make a decision. So, there is our procedure in a nutshell. I wanted to make sure everybody understood that. And with that I believe I have opened the public hearing and we will begin with the staff report. Madam Canning. Canning: Thank you, President Zaremba. Just a brief summary in addition to what you have already mentioned. As you stated, this is an appeal of my decision to deny the modifications to the Conditional Use Permit to use audible beepers. On January 20th, 2011, the Planning and Zoning Commission approved the Conditional Use Permit for construction of a gravel mining operation at Southridge Subdivision and the duration of that approval is approximately 18 months. The applicant at that hearing represented that heavy machinery would be equipped with nonaudible warning devices or beepers. Now, the circumstances around that statement were -- were when they were requesting nighttime operation hours, but the manner in which that statement was made the neighbors all believed, as did staff, that that would be true all the time, that there would be nonaudible beepers at all times. So, in mid April after the operation started the planning staff received complaints from nearby property owners regarding noise from the gravel crushing operation and the backup beepers. Staff then -- planning staff then notified the operator of the conflict with the restriction on the beepers. The applicant, then, filed an application for director approval of a Conditional Use Permit modification. The number of items that I can approve on a Conditional Use Permit modification is limited and one of the specific limitations is if it was a topic of discussion at the hearing I can't modify it. So, I denied the application because it was beyond the scope of administrative approval specified in the UDC and because the conditions were a topic of discussion at the public hearing. The applicant, then, filed a request for Council review or as we call them appeals of that denial. We have received a number of written testimonies. We have testimony from Todd Lakey, who is the applicant representative tonight, as well as two noise studies that the applicant has provided. We have also received testimony in opposition from Keith Ebeling and Nancy Darr and it wasn't in specific reference to this application, but we have also received comments Scott Nichols, another neighbor. So, the outstanding issue before City Council is should the use of audible warning devices, beepers, be allowed with the approved gravel mining operation. And with that I will answer any questions Council may have. Meridian City Council June 7, 2011 Page 7 of 75 Zaremba: Thank you. Any questions? Bird: I have none at this time. Rountree: None right now. Zaremba: All right. Thank you. Then we are ready for the applicant's presentation. Good evening. If you would, please, state your name and address for the record, please. Lakey: Good evening, President Zaremba. Thank you. My name is Todd Lakey, I'm an attorney here on behalf of Idaho Sand and Gravel. My address is 3649 North Lake Harbor, Boise, Idaho. President Zaremba and Members of the Council, it's a pleasure to be here with you tonight. I guess I'd like to start with a little bit of context in this case. The director provided a little bit of that as well, but this is a very focused application as you mentioned. We are limited -- this application for modification is limited solely to the issue of the backup alarms. We submitted our regional application in December of last year and as part of that original application we included a request to operate 24 hours a day. That would be on a case-by-case or a contract basis. As you know, some of the public works road contracts require nighttime operations. We wanted to be able to participate in those contracts. No confusion at that point. That was the -- that was the application. Things were moving forward. Staff recommended approval of that application with a couple of modifications. They took out the -- the 24 hour operation on a contract basis as far as their recommendation of approval and also limited our request from the three years to the 18 months that is now. In reviewing the case the staff proposed in their findings and found that there would not be excessive noise as a result of our application. Any confusion resulted from that hearing and that statement that was discussed earlier and specifically, just to clarify, there wasn't a condition imposed regarding the backup alarms, the confusion results from that statement that was made by the applicant's representative at the time. The context of the statement was they were discussing a 24 hour operation, at the end of the discussion there was a question about backup alarms and in response to that question the applicant's representative stated that our equipment doesn't use backup alarms. So, we are here in an effort to be responsive pursuant to staff's request to clarify, I think is the appropriate term, the backup alarm issue. Our equipment does use audible backup alarms during daytime operations, just like any other operation. The safety requirements and practices of the industry require that. OSHA and MSHA are applicable regulations and they require that we utilize the audible backup alarms during daytime operation. There is an exception that provides for a signaler or a flagger or that type of person, but that's really an exception that should be used on a rare basis. It's not, from our perspective, for regular operations. That's the type of person that would be there if it was an unusual backing situation or the audible backup alarm had failed. It's not a safe practice to regularly place a person behind a piece of heavy equipment. They are trying to keep up with the equipment as it moves back and forth between the stockpile and the truck or up and down the slope behind that piece of equipment. Safety requirements, from our Meridian City Council June 7, 2011 Page B of 75 perspective, mandate that we have those audible backup alarms. I want to talk a little bit about the practical impacts of the audible backup alarm on our equipment. You -- or I should say the Planning and Zoning Commission imposed limitations along with the recommendation of staff our daytime hours are limited. We are limited to 6:00 a.m, to 6:00 p.m. No weekends. No holidays. The trucks as far as our design of the site -- the trucks move in a forward loop, so they travel in, they move around, and they travel forward on the way out. So, the trucks themselves -- it would be extremely rare if the truck utilized its backup beeper. They don't like to backup and they are designed to move forward. So, the vast majority of the time on our site, we have a single front-end loader that is operating on that particular site loading any trucks that may be coming on site. So, during the vast majority of the time under which we are operating in this Conditional Use Permit that backup alarm on that loader is only slightly audible from the site and from the subdivisions to the south. Myself, I wanted to test it, I went out and listened at the entrance to the site. It was -- I could hear the backup alarm, but it was difficult over the background noise. You have got the freeway, which is fairly close. You have got the new Overland Road. You have got background wind. You have got the occasional plane flying over. Or even conversation that you carry on at the time, it's difficult to hear that backup alarm over that background noise. I then went and listed at the two subdivisions, Val Vista and Aspen Cove, and it was even more difficult to hear that backup alarm from the front-end loader with the background noise, particularly if you're carrying on any kind of conversation. We took staff out and did a site visit under those same conditions and they confirmed what we had found when I did the site visit. We, then, also conducted those sound studies and submitted those to the City Council and those confirmed our findings as well. That backup is only slightly audible. The sound study that was conducted on May 27th, 2011, found that the audible backup alarm increased the average decibel level at those subdivisions to the south by four decibels and under the scientific evaluation of those four decibels it's, quote, slightly perceptible, end quote, to the human ear. So, again, the vast majority of the time that we are operating it's slightly audible to the human ear. You have to listen carefully. Granted, now we move on to the crushing operation. Those, as I stated, are more loud. They provide a higher level of sound. But the crushing operations occur on a very limited period of time. The crushing folks move in and they crush and they move out and the stockpile is what provides the operation for the vast majority of the time in this Conditional Use Permit. The additional equipment involved with crushing are a couple of bull dozers pushing the material to the crusher. The crusher itself is louder than the audible backup alarms that are on the equipment. The sound study that we conducted in relation to the crushing operations found that the entire crushing operation, backup alarms included, increased the decibel level at those southern subdivisions by ten. So, a ten decibel increase to just under 60 decibels -- it was about 56, 57 decibels. And if you look in that first sound study it provides examples of what those sound levels are. A normal conversation at one meter away is 60 decibels, so it's just under that noise level. If you're indoors, obviously, that reduces it further. But the issue is not crushing, the issue is the backup alarms that are occurring during that -- that crushing period, with the crusher being louder than the backup alarms. Our use of backup alarms is very reasonable in light of the safety considerations, the limited duration, hours of operation, and weekday operations that we have and, in addition, we have the current and planned Meridian City Council June 7, 2011 Page 9 of 75 growth for the area that's occurring, it's going to have extensive construction operations going in the area. So, I'm going to talk a little bit about the character of the area. Council Members, I'm going to try and use the Elmo here. Anna, if you might -- there we go. You can see -- I will point with my fingers. Here this side north of Overland Road, that's the operations we just recently concluded that are very similar to what we are doing here. We are reducing the base elevation on an approved project. That involved crushing, excavation of sand and gravel, and trucks coming and going. This project is now on this side of Overland Road in this area here. But, again, a similar operation. This area -- the whole area is part of the Ten Mile interchange specific area plan that the city has adopted. Although Aspen Cove and the subdivision -- the other subdivisions to our south are not in the city, that specific area plan does apply to our property and does establish the character of the area. That specific area plan calls for extensive construction and development activity, which will, obviously, involve backup alarms as that -- as the specific area plan moves forward. The specific area plan calls for various types of development from commercial, industrial, office, single family, multi- family, schools, churches, hotels, et cetera, et cetera. The specifics provided in the plan account for a thousand acres of development dedicated to business and job creation. Three hundred and fifty thousand square feet of retail and commercial space, up to ten thousand residential units and the additional arterial and collector systems that go along with that. So, Members of the Council, that, essentially, means this activity is going to be happening in the area with backup alarms, with construction noise, all of that, but a lot of that activity is going to be occurring without being subject to the limitations that we have to operation under the Conditional Use Permit as far as the limited duration, the limited hours of operation and the other conditions that are imposed on our project. I will also show you in the site plan -- this is specific to our site. We are accomplishing something on this site that the developer is going to do anyway as part of the development of the project. Here is the site plan. Council Members, this -- the entire site is roughly this area here on the site plan. The dark area contained on our application is the specific project area. On our site it's divided into three areas. Here is Section A. This, again, is in the site plan that we submitted. Section B in the middle and Section C on the end. This is a diagram of Section A. That shows what the developer would be doing if they were developing the property. Those are ten foot contours or squares on that particular site map. So, as part of the development the plan is to remove about ten feet of base elevation in the form of material and sand and gravel from that particular area. If you look at B it's anywhere from -- approximately 20 feet average of material that's going to be removed as the project develops. And, then, C, anywhere from 20 to 30 feet, plus these two additional ponds as part of the development. So, that's part of the approved project that the developer is going to move forward anyway. Again, if they were doing that they are not subject to the same Conditional Use Permit restrictions that we are. It's better to get this done before additional development occurs. We go in, we do it before the additional development occurs. We are subject to those limitations and restrictions of the Conditional Use Permit. We prepare the property that's already approved for development and supply material that's needed for the public and private projects around that Ten Mile interchange, all subject to those conditions of the Conditional Use Permit. Back to the issue. Backup alarms are the issue. The regular operations on the site, the vast Meridian City Council June 7, 2011 Page 10 of 75 majority of the time you're looking at, essentially, a front-end loader backup alarm that is barely audible from the subdivision to the south and even on site with the background noise that occurs in the area. The crushing is limited, but it's not unreasonable, considering safety and the character of the area and the actual sound levels and impacts from our operation. Any effort to limit our use of the audible backup alarms has a negative impact on our operation as a whole from a safety perspective, but also from a financial perspective, but most importantly, the safety perspective. The backup alarms will be part of an extensive construction, development, and growth activities occurring in the area for years to come, but we fit with that character of the area. Much of that construction, again, occurring without the conditions that we have to operate under. So, with that, Council President and Members of the Council, I would ask for your approval on our requested modification to clarify that audible backup alarms can be utilized in the Conditional Use Permit as we submitted in our letter to the Mayor and Council. And with that I would stand for any questions. Zaremba: Thank you, Mr. Lakey. Council, any questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Mr. Lakey, you stated, I believe, that your noise analysis indicated -- at least at one location at one point in time the backup alarms increased the background level of noise four decibels? Lakey: On average I believe. Rountree: On average. And in another instance it increased the sound level by ten decibels. Could you explain to me what that means? Lakey: Certainly. Councilman Rountree, the increase in the four decibels was -- that sound study was focused solely on the backup alarm that is being operated on that front-end loader. That was the only noise it was measuring. The background noise and that backup alarm is part of regular consistent operations. The ten decibel increase was a measurement of the crushing operations occurring on the site and the background noise. That's the difference. You have a limited period of time of crushing, which that first study applied to, and, then, the vast majority of time the second study and the four decibel increase. Rountree: And at what distance were those measurements taken? Lakey: The locations, I believe -- the distance, let me see if it specifies that at the beginning. Just a moment. At the first study, which is a study, Councilman Rountree, that was conducted as part of the crushing operations, the site measurements were taken in a couple of locations, actually. The first one was 792 feet, 906 feet and, then, the entrance of Overland Road -- it doesn't give a distance there, but if you look at the Meridian City Council June 7, 2011 Page 11 of 75 points on the back, those site distances are -- you can compare the distance with those in the subdivision. If I can look at the average, I think they used the -- the 60 decibels, which is the ten decibel, approximate, increase was 906 feet from the site average. And, then, Councilman Rountree, the noise study for just the backup alarms didn't provide specific distances, but related to similar locations in the previous study. Rountree: And can you explain to me what an increase of three decibels is equivalent to in terms of noise energy? Lakey: Councilman Rountree, a doubling of background sound is -- would add three decibels, according to that study. The four decibels, as was stated in the study, is slightly perceptible to the human ear. The ten -- ten decibels would -- would be a ten fold increase in the sound energy. Rountree: Thank you. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Mr. Lakey, the rock crushing operation, does that move from place to place or is it in one location typically? Lakey: Councilman Hoaglun, it -- it will move as the operation delves into particular areas of the site. It's done in phases. As to specific locations for their proposed crushing I don't know. I might defer to Mr. Russell if you would like that. I don't know if they have that specifically planned. Hoaglun: Now -- Mr. President, to follow up. You showed us the A, B, C schematic and where are they now? Are they in the A area that the operation is happening right now? And if I recall correctly, A is farthest -- that's closest to Overland Road and C would be closest to the -- to the residents? Lakey: Correct. Correct. And in looking at that -- and I'll look back to Mr. Russell to make sure I'm accurate. I have walked the site. But in relation to the pit that exists currently approximately in this area? So, those two dark circles for the future ponds for the development, that's the location of the current pit that the material was crushed in. Hoaglun: Okay. And that -- if I recall -- Mr. President. Mr. Lakey, that's part of the C -- Lakey: Correct. It looks like it straddles C and B. Hoaglun: Okay. And that's closest to the residents at this time? Lakey: Correct. Meridian City Council June 7, 2011 Page 12 of 75 Hoaglun: And I also didn't understand -- well, understood that the operation -- mining operation is done on the other side of Overland. Was this both sides of the road, is that part of the 18 months or was it just this side of the road that's an 18 month operation? Lakey: This application was just for this side of the road for the 18 months. Hoaglun: Okay. And my last one I have for now, Mr. President and Mr. Lakey, was -- can you run through the exceptions for backup alarms again? Exceptions are allowed. Lakey: An exception is allowed, Councilman Hoaglun, in the provision of a flagger or a spotter, somebody that would stand behind and provide some type of signal in regards to the vehicle that's backing up. Our concern is that that's an exception to OSHA and MSHA requirements, not the general rule, and it should be applied as such. You typically have an individual following a piece of heavy equipment around, it poses a significant safety risk to put somebody behind a piece of heavy equipment if that equipment is -- is moving back and forth between a stockpile and a truck or moving up and down a slope that may be part of the crushing operations, you're putting that individual at risk if that's your consistent operation. We see that as an exception to be used in rare circumstances. Hoaglun: Thank you. Zaremba: Thank you. A couple questions of my own if I may. In the OSHA requirements is there anything that would prevent you from turning the audibility of the backup alarms down by four decibels, make them slightly quieter? I realize they have to be alarming to anybody that's within 20 feet of them, but is there a way to make them a little less alarming farther away? Lakey: Sure. President Zaremba, the -- I think initially they may have been operating at a high decibel level. You have to operate at a certain minimum. I don't know what that is myself. But I do believe that Mr. Russell asked the operators to turn that decibel level down to the -- the lowest extent that we could. Zaremba: About how long ago was that done? Lakey: I'm not sure if that was before the crushing study or after. Zaremba: You need to repeat what he said, unless he wants to come up and testify. Lakey: I understand. President Zaremba, it was about midway through the crushing operation. Zaremba: Okay. Thank you. And of the 18 months that this CUP covers, how much of that is left? Meridian City Council June 7, 2011 Page 13 of 75 Lakey: I believe Anna stated that we were approved in January of 2011. So, we are four months into it. Zaremba: Thank you. Any other questions from Council? Bird: I have none. Zaremba: Staff, anything further to add at this point? Canning: No, sir. Zaremba: Thank you very much. We will now take testimony from the public. Many of you have signed up on the list. I will go through the list in the order that you signed up. However, if any of you are a representative of a neighborhood, please, let me know. As a matter of fact, let me ask that first. Is anybody representing a group or are you all going to speak individually? I see one hand -- two hands raised. Okay. When I call names if the two people that raised their hands are your representative, please, decline to testify in their favor and we will give each of them ten minutes to speak. So, let me start at the beginning, then. Scott -- I believe it's Scott Nichols. You are one of the representatives. Good. Thank you. Nichols: Good evening. Zaremba: Would you, please, state your name and address for the record. Nichols: Yes. Zaremba: And I will ask that of everybody. Hopefully I will remember to repeat it. Nichols: My name is Scott Nichols, representing Val Vista Subdivision. First I want to tell you thank you for the opportunity to be here. I'd rather be here than digging post holes. Second, I hate dueling testimony, especially with -- with issues like this. When we came before you six months ago, five months ago, with regard to Southridge Subdivision, we did testify in favor of the gravel mining operation and I want to reiterate we will support this gravel extraction and regrading. For Val Vista Subdivision where we reside it is a benefit to our -- the adjoining property. It's unfortunate that we didn't understand the MSHA regulations. We did understand or believe -- falsely believe that MSHA would allow those backup beepers to be turned off and a strobe to be used and that's -- part of the reason we supported the gravel extraction and regrading. Knowing now that MSHA requires those backup beepers to be in place, we still support the gravel extraction. I can tell you that Idaho Sand and Gravel has been very good. I have heard backup beepers once. They were not invasive and I do border the property. I border the project area. My neighbor Steve Prisbos called me. He couldn't be here tonight. Fortunately, he's in Hawaii. Steve is immediately adjacent to the project and asked me if I would testify on behalf of the project and their ability to continue to use backup beepers and reiterate on his behalf that they have been -- they have been really Meridian City Council June 7, 2011 Page 14 of 75 good about the operational constraints, limiting, you know, either where the equipment is backing up or when it's backing up and as Mr. Lakey and Ryan have indicated, the trucks pull through, the trucks pull out, there is no reason for them to back up, but the larger cats that push into the crusher -- you know, if they are doing that later in the day -- they haven't been in there before 6:00, they haven't been in there after 6:00 or weekends and really I saw -- honestly, I saw the mountain of gravel grow and it was -- I didn't even know it existed. Did you see that mountain of gravel in your backyard? I said what mountain of gravel. I mean it has not been a big deal, but it will be a benefit to us in the long run. So, from that standpoint we are -- it's unfortunate we are back here again today, but we would recommend to approve the variance and let's just get it done as fast as we can and I'm sure with the economy the way it is we are going to be here asking for an extension of 18 months. Also keep that in mind, that this is a final grading plan that we can come back and even talk about that in the future, because it's -- the economy is not turning around, so -- thank you. Any comments, questions? Zaremba: Thank you. Any questions? Bird: I have none. Zaremba: Actually, I believe will take the other gentleman that said he was representing a group. If you would come up next, please. And would you, please, state your name and address for the record. Ebeling: My name is Ebeling -- Keith Ebeling. I live at 2150 Aspen Cove Drive. And I'm opposed to their changing their -- this appeal and I think there is -- there is two issues here that need to be concerned. The first is when Idaho Sand and Grave made their presentation they stated very specifically that they were qualified as -- because they had done other gravel pits, other gravel mines, other similar projects to do this project and they were qualified to do this and make the right decisions to do this. In the testimony that they gave -- and I want to read something from it if you haven't read the minutes. There was questions asked by Commissioner Rohm: And the front-end loaders, every time they back up, they have beepers on them and you can hear that beeper for miles and whether they are doing it at 8:00 a.m. or 5:00 a.m. or they are loading trucks in the middle of the night or extended hours, that sound is very prevalent. That was his statement. The Idaho Sand and Gravel representative said: Backup beepers, of course, are important safety mechanisms. Rohm: I know that. The Idaho Sand and Gravel representative: But with that concern Idaho Sand's equipment uses visual backups. They have blinking lights instead of beepers. They don't have beepers. Now, what about the English language tells you that they didn't -- they weren't going to use beepers? And now all of a sudden here is an experienced group of people who have done this many many times, now they either have one of two things. They have got a guy up there who don't know what the hell he's doing or they are not telling the whole truth about this thing. Now, let me -- let me read the next sentence here that the Commissioner said. Let's see. Where is it at here? Thank you. He said that's the answer I wanted to hear. That's a great answer. Thank you very much. I think that type of statement at least convinced two of the Commissioners to vote for this special Meridian City Council June 7, 2011 Page 15 of 75 use permit. Another one, Mr. O'Brien, voiced his concern about living a mile away from a sand pit down on Amity and Meridian and he could hear the sound of that pit a mile away. So, both of those people I think were convinced and maybe other ones because of what was said here. Now, after they said this they went out and they used the beepers and my wife come to the first meeting, because I didn't make it, because we weren't informed. I'm the president of the Aspen Cove Subdivision association, our property abuts up against this development, I wasn't notified, so I didn't know there was a meeting and I had other obligations at the time. I also didn't attend any of the neighborhood meetings that they set or could find anyone in Aspen Cove that attended those meetings. I'm getting a little bit off of the -- the beeper situation, but the point I'm trying to make is I think there was some attempt to cover up the fact that they were going to use beepers when they really planned to use beepers. Now, when I contacted OSHA about the beeper thing, I said here is the situation and I told them what the deal was and the guy I know that used to be with OSHA said they have to use beepers, Keith. And I said well what about spotters. Oh, he says spotters are -- are an acceptable alternative to beepers, but he said they won't do that and I said why won't they do that. He said they won't do that because of the cost and the inconvenience. So, now we are not down to being good neighbors. I'm not talking about safety, we are talking about bottom line and that's a whole different concept here. And I'd also like to point out something that Mr. Lakey said. He said that the rock crusher was drowning out the beepers. And that's true, it did, because when they started out the beepers were so loud in my house I could hear them inside my house, and I'm a quarter mile away, with the windows closed. And Bob from Idaho Sand and Gravel came by and visited me, took me on a drive and we went out to the site and low and behold I couldn't hear those beepers when we were sitting in his truck a hundred feet away and I said, Bob, what happened. He said we found out that there is three levels of density -- or volume on those beepers on those two particular caterpillars and we turned them from high to low. I said I can't hear them. When I told my friend that used to work at OSHA that, he said that's a direct violation of the OSHA law. He says the beepers have to be louder than the ambient noise of the project. In other words, they have to be louder than the rock crusher. Now, I have got something here, if you will just allow me to do this. I want to play this just real quick. That's the sound of the rock crusher on my deck at my bedroom window and I'm a quarter of a mile away. You can't hear the bloody beeper over the top of it. The beepers were louder than this until they turned them down. I'd like to look at one of you gentlemen and ask you -- I know we are talking about beepers -- how would you like to listen to this for two and a half months nine hours a day and we still have two more sessions of this. In September they are going to do this again for another two and a half, three months and again in March, April, and May of next year. Now, I'm all for improving the area. I didn't say anything when they were up there doing the rock crushing and we had to put up with the dust and all the inconvenience that went on with it, because they were digging out ponds and getting ready for the development. Now, what they are doing is we are making money out there and that's -- that's good, people should make money, but they shouldn't make money at my inconvenience and the inconvenience of my neighbors and I have to almost shout on my deck when that rock crusher is running and those beepers are going for my wife and I to carry on a conversation and I'm not the closest home to that -- Meridian City Council June 7, 2011 Page 16 of 75 that site. This is really a sad situation that we weren't at least notified and involved in the original hearing and I think that this business of saying we don't have beepers was just another way of getting it by the Commission, saying what they wanted to hear, so that they could get this situation approved and, then, they went about and did exactly what they wanted to do and, you know, they have been in noncompliance for two and a half months and they haven't been using those beeper once. I don't understand how this works. If I'm breaking the law, it looks like I ought to have to stop or somebody would put me in jail. Maybe they have got a get out of jail free card. I don't know. But this is -- this is what this situation has gotten down to. Now, they were definitely in violation of the OSHA law when they turned those beepers down below the ambient noise from the crusher. I appreciate them doing it, because didn't -- all I had to listen to then was the bloody crusher. But this is a serious problem for the people that live in Aspen Cove. Now, I know Scott and his friends, they want to see the level of that thing reduced, so that they can get their -- a better view of the mountains, but I also know that Scott in that meeting said -- and I quote you, Scott. That he was relieved to hear that they wouldn't be using backup beepers, because a lot of his neighbors were concerned about the sound of backup beepers. Now, if you gentlemen have been around a construction site you know how piercing and how aggravating that sound can be. Now, they use the rock crusher from 8:00 to 5:00, they are going to be using those loaders from 6:00 in the morning until 6:00 in the evening and I think this is unreasonable to have to put up with this. So, in conclusion, to wind this thing up, I think at the outset they knew what they were saying when they said they didn't have beepers. They said what they had to say to get the permit. Now that they got the permit they can do exactly what they want to do and I'm not having an argument with Idaho Sand and Gravel. Bob came over to my house, I think he's a hell of a nice guy. He told me -- he said, Keith, I want to be a -- I want to be a neighbor. I said, Bob, I think you're nice a guy, but I don't want you for a bloody neighbor. You make too damn much noise and I -- if you was anybody else I would run you out. But I don't have the deep pockets, I can't afford to have an attorney come up and give a presentation for me. I can't afford to have sound tests made from -- oh, and by the way, one of those sound tests they took was right in my backyard and Bob shared with me that that was the loudest sound tests -- one of the loudest sound tests they had. And, again, I'm not right up against it and if there was some crushing need for gravel around this country I would say, well, let's go for it, but I see where they are mining 1.2 million tons out in Eagle and there is going to be plenty gravel around to fix our roads, so I think it's -- in my way of thinking this, that there is two decisions that you can possibly make. One is tell Idaho Sand and Gravel do what you said you would do. If you got to do it with cameras, buy cameras. If you got to do it with spotters, use spotters. If you can't do it that way, revoke your special use permit. And I want to thank you for the opportunity to make this presentation and I hope in my own mind that you support your staff's decision, because I think your staff has done an excellent job. They are professional and courteous people and I really appreciate the support they gave us in this effort. And I'd also like for you to approve my -- about three of my neighbors wrong. I -- there are 30 some homes in the Aspen Cove area and I visited most every one of them before I came here. Zaremba: Sir, I do need to ask you to conclude. Meridian City Council June 7, 2011 Page 17 of 75 Ebeling: I'm going to wrap -- this is it. This is my last breath. And the -- in visiting these homes I asked them if they had ever attended a meeting and all that blah, blah, blah and they said -- and three or four of them said, Keith, why are you wasting your time doing this? I said what do you mean? They said they are not going to pay any attention to the little guy, they are going to listen to the big developers, they are going to listen to the multi-million dollar corporations with deep pockets. I said I think you're wrong. And I hope you guys are going to prove me right. So, thank you very much for your consideration in this matter and I hope I don't have to listen to those bloody beepers the rest of the summer. Thank you. Are there any questions? Zaremba: Thank you. Any question? Bird: I have none. Zaremba: Thank you. Rountree: Mr. President, I do have a question. Zaremba: Mr. Rountree. Rountree: You indicated -- you started talking about beepers and, then, you -- that you could hear them and, then, when the crusher is going you can't hear them and they turned them down and we got off onto OSHA and the issue that we are trying to deal with is beepers. We can't force OSHA rules. We can't tell Idaho Sand and Gravel to do any of that. But you really didn't spend any time telling me that beepers are an issue now that the sound has been turned down. Are the beepers still an issue? Ebeling: Well, I can still hear the beepers, yes. Rountree: Okay. Ebeling: And I can't hear the beepers on that crushing operation, because they turned them way down and as soon as OSHA comes up they are going have to turn them back up, because that's in violation of what they are doing, even if I have to call OSHA they will turn them back up. Rountree: Okay. Thank you. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I have a question and that was on the crusher noise. You were talking about that. How often is the crushing in operation? Meridian City Council June 7, 2011 Page 18 of 75 Ebeling: The last time it was about two and a half months and they operated 8:00 to 5:00 every day, five days a week. They started in the early part of March, they ended the second week in May. Bob tells me they are going to come back in September and they will be there from September through probable about two and a half to three months. They are going to come back again in -- in April or -- March or April of next year for two and a half to three months. Hoaglun: Okay. And, then, crusher, Mr. President -- and is it Mr. Ebeling? Ebeling. Ebeling. Hoaglun: It operates 8:00 to 5:00. If -- and the materials operations -- extraction operation is 6:00 to 6:00. Do you hear the beepers when the crusher is not in operation right now? Ebeling: I haven't heard it lately, no. I don't know if they are moving stuff out of there or not. Mr. Hoaglun: Okay. Ebeling: I haven't seen any trucks go out of there -- I can't see -- all I can see is that mountain of sand coming over my neighbor's house. Hoaglun: Okay. Ebeling: I can't see where those trucks are being loaded. Mr. Hoaglun: Okay. Ebeling: By the way, it's a real beautiful site when you're coming into our new gateway interchange, that you guys did such a good job with, when you come onto an on ramp it's a real beautiful sight to see that hundred foot thing of sand sitting up there. I thought for a minute I was in Butte, Montana. Hoaglun: We hope that changes soon. Thank you Ebeling: Thank you Zaremba: Thank you. Okay. I'll start through the rest of the list and, again, if either Mr. Ebeling or Mr. Nichols spoke for you, please, just raise your hand. Next name on the list is Don Wilson. And, again, if you would, please, state your name and address for the record, please. Wilson: Good evening. My name is Dan Wilson Zaremba: Oh, Dan. I'm sorry. Meridian City Council June 7, 2011 Page 19 of 75 Wilson: That's okay. I also live in the Aspen Cove Subdivision, 2271, and I think Mr. Ebeling has covered a lot of things, but I wanted to offer a possible alternative. I used to work in the construction industry and -- Zaremba: Can you stand a little closer to the microphone. Thank you. Wilson: Stage fright. I used to work in the construction industry and we were called on to make some -- what is it called -- value engineering innovations and I was just wondering if there was any way that Idaho Sand and Gravel could consider and maybe use their acoustical consultants to look into orienting the operation, so that they wouldn't be focused so much toward us, because as it is now that mountain of sand provides a backdrop to reflect the sound power generated by the crusher and the beepers. There are ways that maybe the plant could be rearranged in the future to maybe turn that around so that it's radiated to the north or something like that, because we are down wind. When the wind is blowing and they are running, it is -- it's really tiresome and the nature of the beepers is to cause alarm and I submit that even though it didn't raise the sound more than four decibels, you have to consider that that was a pulse type of sound, really strong, background to maybe 12, 14 decibels. This causes stress. It's meant to cause stress, because they want people to get out from under the wheels. But I would like maybe to open the dialogue to looking at another way to address these issues and consider bounding the sound northwest or something. But, at any rate, just throwing that out there for thought. And I thank you for your patience and time. Zaremba: Thank you. Any questions? Rountree: No. Zaremba: Thank you, sir. Gary A. Liddell. And your name and address for the record, please. Liddell: Yes, sir. My name name is Gary Liddell. I live at 2118 Aspen Cove Drive. I'm sure you're familiar with the address -- in fact, the schematic that's currently on the board, my property is about two and a half acres -- approximately where that number 2143 symbol was on that -- on that schematic and the bend in that road where that dot is. I understand this is limited to the issue of the beepers and, you know, if you make an omelette you got to break a few eggs. I understand this construction is going to occur and like Val Vista, they are willing -- this big sand hill or the noise, if there is going to be a benefit in their elevations we all know that some of that is going to occur. I think it's going to be five or ten years before that Southridge Subdivision I think starts doing anything that they contemplated when they began that property, so I don't think we are going to have a mass amount of beepers and trucks moving things around. We are all a little bit tired of the noise after the Ten Mile project. We could hear the piles pounded and -- not terrible. You live with it. We got a new road. But these beeper, as Dan Wilson stated, pretty articulately I think, they are meant to cause alarm. When I'm in the garden in March and April I'm constantly aware of the rock crushers. The beepers are Meridian City Council June 7, 2011 Page 20 of 75 penetrating and they have been reduced. I tend to believe Keith Ebeling's view that it probably will not last that way, they will be turned up again. I did read the minutes of the January 20th meeting. It doesn't seem to be any confusion. I think Mr. Densmer that presented before the zoning commission was a civic engineer -- civil engineer practicing and certified in several different states. He was quite clear that the backup cameras and sound device -- something other than an audible sound devices could be used to accomplish the safety that was required. So, I just generally want to say that the word barely audible and slightly are absolutely ridiculous. I understand Mr. Lakey is an attorney. I think some of that is influencing his choice of words. These are loud beepers. They are pulsing. I would ask the second -- Mr. Wilson's opinion on creating a wall and I wanted this to -- when they did the freeways and everything else they put up pretty expensive sound walls to project some of the noise and reflect it upward. I have wandered myself why they couldn't put the sand hill between us and the rock crusher, instead of having it as a backdrop acting as an amphitheater. And there is an elevation issue here at Aspen Cove. There is a series of ponds -- the lower elevation is drainage of noise, acts a lot like a fluid. It -- in an amphitheater it just comes up to Aspen Cove Drive. So, these four decibel things kind of like the fellow's cell phone that went off in the hearing. Is that barely audible? Is it disturbing? Is it unexpected? It's that kind of a noise. It's not the biggest thing in the world. I'm not trying to tell you guys it's a life or death issue, but it -- it's just disturbing and I know that -- Zaremba: I do need to ask you to conclude, sir. Liddell: Okay. You probably have ordinances that don't allow chickens in people's yards and roosters and I'd like you to consider us at least with that same courtesy about the noise. Any questions? Zaremba: Any questions? Hoaglun: Mr. President, real quick. Is the backup alarm noise more prevalent early morning, late afternoon, as opposed to other times of the day? Liddell: It greatly depends on the ambient noise or conditions. If the wind is coming from the north or west -- west or southwestern winds would be predominate that when it's coming come from the west it's louder. You know, it's also relative. I mean I'm used to the Meridian Speedway on Saturday nights. I think this is the tenth garden I have put in my yard that -- when we moved here we had dairies and farms and you kind of expect all that. When you're building a Ten Mile overpass we expect it, you know, 8:00 in the morning until you're out in your yard at noon, 10:00 o'clock, early afternoon it's -- it varies. Hoaglun: Okay. Liddell: I think the density of air, humidity, direction of the wind, all those things have some kind of effect, which mitigates somewhat the scientific study with four decibels to ten decibels and the word slightly. I think if you can get somebody in here to turn a rap Meridian City Council June 7, 2011 Page 21 of 75 music station on to a certain loudness would it bother you or not. It depends. Depends on your preference. Hoaglun: Thank you. Appreciate it. Zaremba: Thank you. Liddell: Thank you very much Zaremba: I can see that Mr. Lakey is taking notes and I'm sure he will address the excellent idea of repositioning the pile the next time there is a question when it is his turn at the end. The next name has been written over a couple of times. I don't think it's crossed out, but let me guess. I believe the last name is Meyers and the first name may either be Michael or Mabel. Is that close to anybody? Were you aware that you were signing up after Keith Ebeling? Okay. We will go through the rest of the list and if somebody feels like they have been left out we will have an opportunity for you to speak at the end. Next one is Bill Weiss. W -e -i -s -s. Have you been spoken for? Okay. Phyllis Weiss. Has been spoken for. Don Smith. If you're here make sure you raise your hand, so that I know that you heard me. Okay. Chris Smith. Okay. Those are all the names that I have on the list. If there is anybody else here that wishes to provide testimony or comment this would be the time to come forward, please. And, again, would you, please, state your name and address for the record. Kleffner: Mike Kleffner. 2304 Aspen Cove. So, I have a front row seat to the gravel pit. I'm right up on the border. I would like to just point out a couple things. One, when they did start with the graders, the backups were very loud. But after they turned them down it did seem to be reasonable in comparison to the crushing. So, you could still hear them, but it wasn't as bad as the -- when they initially started. So, I do have a concern if they go back and somebody makes them turn them back to the full loudness. That's going to be pretty loud, especially right behind my home they are I believe going down 25 feet in depth and that's about ten feet from my property line, so that will be pretty loud, essentially for eight hours a day when they are doing the initial push up to the grinder. And as I was watching that -- one of those cats is backing up pretty much all the time for eight hours a day. So, that's the only comments I had. Questions? Zaremba: Any questions? Bird: I have none. Zaremba: Okay. Thank you, sir. Anybody else care to speak? Okay. We will turn the opportunity back to the applicant Mr. Lakey. And, oddly enough, I again need you to state your name and address for the record. Lakey: Okay. And, President Zaremba, not odd at all. Todd Lakey. 3649 North Lake Harbor, Boise, Idaho. 83703. 1 think as I have clarified, the crushing itself is limited to -- from 8:00 to 5:00. The loading and hauling is the 6:00 to 6:00 operations that may Meridian City Council June 7, 2011 Page 22 of 75 involve the backup alarms. It's difficult to apply generalizations about backup alarms on construction sites to a site specifically. That's why we went out and visited the site, that's why we conducted the site specific studies, because of all of the different things that affect the noise levels at a particular site. And those were incorporated in the noise studies. Recognize that attorneys can be advocates -- an advocate and choose certain words, but in this case slightly audible came from the scientist, not the attorney. My words were difficult to hear, those kinds of things. And that's, again, based on my personal experience as well. This is certainly a responsible company. You can thank them in large part for that nice Ten Mile interchange that's out there and the operations that they have conducted at this point. There was no attempt to -- to cover up anything. The application itself was clear that the strobes, the lighted backup alarms, would be used in the nighttime extended operations that we were requesting. The confusion and the lack of clarity came from that incorrect answer that was given in the context of the 24 hour discussions. But I understand where that confusion came from based on that statement. I think it was telling that Mr. Ebeling mentions that he can't hear the backup beepers now. So, during regular operations, as we found, they are not significantly audible. During the crushing operations we recognize that that is a louder operation and involves more noise, but it's limited in duration, it's limited in scope, and it's -- the backup alarms are necessary as a safety measure, despite any additional cost of hiring people to be out there. It doesn't make sense to put somebody behind a piece of heavy equipment consistently when it's moving around rapidly from place to place. So, I think you're looking at crushing and not crushing as far as some of the complaints that were raised. But ultimately Mr. Ebeling referred to this as a construction site. This area will be a construction site for years to come based on the planned growth -- not for this site, but for the area in general, as I mentioned previously. We have done some things to help mitigate the noise. The loader itself only backs up to the west the way it's designed, so that the backup alarm is pointed away. We are willing to try to do some of those things in regards to the pit operations as well. We are limited with the elevation and the slope and how we approach those things. If you're moving into a hillside and moving up close to that property line there are limitations on what you can do. Perhaps some berming around the edge. We can try to implement some -- some practices where if at all possible that the cats can backup a certain direction. But those are things we have to work through with that particular area that's being crushed. So, we are willing to look at those things. They have done that with the loader. They have done responsible things like paving the access road that wasn't required -- a good portion of that to keep the dust down. The crushing time was selected to be during the spring, because it helps keep some of the dust down. So, they have done kind of responsible things on this application. I think it is worthwhile to listen to some of those positive comments in support that recognize this is a limited period of time we are talking about and it provides that larger benefit to the area and to the development that's occurring out there. And the fact that as we have taken steps to turn things down and operate as responsibly as we can, that there has been a difference that's been noticed out there. So, with that, Mr. President and Councilmen, I would stand for any questions. Zaremba: Council, questions? Meridian City Council June 7, 2011 Page 23 of 75 Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: There has been testimony that at some point in time, apparently, the beepers have been reduced in their sound levels by some means. Is that a true situation? Lakey: I believe that's correct. That was during crushing. I can't testify as to, again, the appropriate decibel levels for those pieces of equipment and the backup beepers. Rountree: And that was on the dozers? Lakey: Yes. Rountree: And that will remain? Lakey: Councilman Rountree, I -- that's our intention, but, again, I can't testify as to the -- the OSHA and MSHA compliance with that. We have taken that step in an effort to be reasonable. Rountree: So, you have no knowledge whether that's in or not in compliance with OSHA requirements? Lakey: Give me just a moment. Rountree: Okay. Lakey: Councilman Rountree, in speaking with Mr. Russell, they were turned as loud as they could go. They were dialed down, but are still in compliance. Rountree: Okay. Thank you. Mr. President? Zaremba: Yes. Rountree: When you spoke to the possibilities of reorienting some of the operation and actually giving an example of an effort to do that with these loaders,you used words like we will try and we will look at. I don't find a lot of comfort in that. Is there a commitment there? Certainly there is a lot of material out there and I know it costs money to move, but there are ways to mitigate some of those direct shots to some of these neighborhood locations. Lakey: Councilman Rountree, there is a commitment to do that. What I want to be careful of is making specific promises that this will work, we will do that and we will do this. There is a commitment to make an effort and implement those things that are reasonable that -- that will work that will help mitigate the sound impacts. I can't specify Meridian City Council June 7, 2011 Page 24 of 75 what those would be. I threw out some potential examples, but there is a commitment to follow through with that and implement those that we can reasonably do. Rountree: And would your client be working with -- I think it was Bionomics who did your noise analysis for looking at the potential impact of some of those aspects and activities? Lakey: We can work with them. They provided some suggestions in their noise studies, so we can consult with them in our efforts, yes. Rountree: Thank you. Zaremba: Any other questions from Council? Thank you very much. Lakey: Thank you, President Zaremba. Zaremba: I'm sorry. Before you leave any questions from staff? Canning: No, sir. Zaremba: Discussion or comments. Okay. Thank you, sir. Lakey: Thank you. Zaremba: Or a motion to close the public hearing? Bird: Mr. President? Zaremba: Mr. Bird. Bird: Anna, regarding the testimony by the applicant at the Planning and Zoning hearing, did you take it as an exception to not have backups or did you take it as a neighborhood took it as being all the time? Canning: President Zaremba, Council Member Bird, I was not present at the Planning and Zoning Commission, but I did review all the minutes and it was clear to see that the -- that the way it was stated that the applicant -- or that the neighbors could have clearly understood it to be that there was never going to be back up beepers. But if you read it with the mind set of the applicant in that they were talking about nighttime operations, it was pretty clear as well. I mean it was definitely one of those things that just -- depending on what perspective you had going into it you could read it either way and that's why I didn't feel comfortable changing or approving the modification. Bird: Okay. I understand that. Canning: I did not feel there was deceit in the presentation that was given. Meridian City Council June 7, 2011 Page 25 of 75 Bird: Okay. Thank you. Zaremba: Actually, I would ask another question of Mr. Lakey if I could. I'm sorry. Lakey: I'll do my best to answer, unless Mr. Russell is better and I will refer to him Zaremba: Okay. Thank you. Somebody made the observation that in spite of the fact that the current CUP is for 18 months, that this may actually go on for like five years. The A, B and C phases that you showed, are those all going to be complete within this 18 month period or are there more phases later? Lakey: President Zaremba, that's a good question. We started out with an application for three years, expecting to be able to complete the project and reclaim it in three years. In discussions as staff evaluated and went through the application, they were more comfortable in putting an approval on for 18 months, so I'm not sure if we can excavate all of this property within that 18 month period. Our plan is after the 18 months is to come back and ask for some additional time. The current approval requires that it be completed in 18 months, but I'm not sure it can be done within that time. We were looking more at the three years. We are required to complete it as per the current application, so we have to come forward with a new application for an extension. But that's -- we haven't talked about five years, it was an initial three years we were looking at. Zaremba: Thank you. Appreciate that. Lakey: You're welcome. Zaremba: Council? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on Item 7-A. Rountree: Second. Zaremba: We have a motion and a second to close the public hearing. All those in favor say aye. Any opposed? The hearing is closed. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Meridian City Council June 7, 2011 Page 26 of 75 Hoaglun: It was referenced that chickens and roosters -- I'd much be rather handling chickens and roosters. Which we did. You can have chickens, you can't have a rooster. Because of the noise. But anyway. These are the most difficult decisions to make I think that come before City Council. Issues of noise, neighbors not getting along. Those are always the tough ones, because you have to decide winner -loser, when, really, you want it to work out that we can find a common ground to make things work. As was stated earlier, this issue is about the beepers. It's not about the mining operation, it's not about the crushing operation, it's just about the beepers. And that is what we have before us tonight. And I don't envy the neighbors who have to live there and put up with that operation. It would get tiresome at times. But the issue of the beeper, narrowing down to that as I look at it -- and as I have questions and, then, trying to get the answers from people on is there certain times that it's more prevalent than others, what has occurred now that the beepers have been turned down and it appears to me that with the beepers turned down that the noise has greatly reduced and the impact has been greatly reduced. It's not to say the operation as a whole is not burdensome on the folks there in terms of dust and noise of trucks and crushers, but in terms of the beeper, it is something that they have done to make it more liveable and what more can we ask of the applicant, you know, I -- I wanted to find out were there particular hours, was it the 6:00 a.m. to 8:00 a.m. that was most difficult when people are home, getting ready for work, what have you. I didn't hear that, so I don't see a need to say, okay, we are going to assign people, make them from this time period to another time period to have -- to have people out there, because there is a worker safety issue, heavy equipment and having workers walking around, especially during certain times of the year when it's dark, even with flashlights and everything, it's -- it is a safety risk. In weighing all that and looking at the beepers and beepers only, I would move that we allow the use of audible warning devices for the approved gravel mining operation at the Southridge Subdivision. Bird: Second. Zaremba: We have a motion and a second. Would the maker of the motion include that those audible devices be turned to the lowest OSHA approved setting? Hoaglun: Mr. Chairman, I would, with the comment -- there is one thought that if it's found not to be in compliance with OSHA, I -- and it gets turned back up -- but that's a whole different motion. What do we do then? But, yes, I would include that they be turned to the lowest level allowed by OSHA in their operation. Zaremba: My discussion on that would be that we can't make any condition that's illegal. So, if OSHA comes along and says you have got to turn them up, it doesn't make any difference what we say. So, I appreciate the amendment. Does the second agree? Bird: I agree. Meridian City Council June 7, 2011 Page 27 of 75 Zaremba: Okay. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: You haven't opened it up for discussion, but a couple points. One, the characterization of the noise increase by three decibels is -- is a slight increase and, in fact, that's probably true to the human ear in terms noise energy, but in terms of noise in convenience, that instantaneous increase is something that's irritating and I fully appreciate what the residents said. I know it's irritating. It doesn't necessarily exceed any standard, it doesn't exceed any particular criteria either in the city or the county, but it is a nuisance. In fact, an increase of three decibels does equate to a doubling of the sound energy. I would liken that to a very simple analogy that if I had two alarm clocks sitting here and this one was ringing and it was ringing at 70 decibels and I turn this one on and it was ringing at 70 decibels, you would not hear 140 decibels, you would hear 73 decibels. So, it, in fact, may not be perceptible sitting there, but if you're at a distance and you're not used the hearing those alarm clocks and if it's an alarm clock and an air horn, you're going to hear the air horn, even though it might be at the same energy level. So, I understand that inconvenience. So, your concern is not going unheard. I have, however, heard the discussion and the constraints that we are under this evening with respect to the beepers -- I have heard that the beepers have been turned down and will stay down with the blessing of OSHA or will be turned up at the demand of OSHA, but I did hear a commitment on the part of the applicant that they would attempt to and work out arrangements with their operations in such a way as to orient the noise or possibly move material that would provide some buffering, if not some -- obviously it's not going to be complete, but that's -- that's simply not possible. But putting some solid surface between the residents and the operation or orienting those operations in such a way as they -- noise is deflected away, as opposed to amplified by the large mountain of gravel and sand should provide some relief. I just wanted that said and I also wanted to ask the maker of the motion if he would include in this motion the commitment on the part of the applicant as stated here this evening and that that be part of the motion and part of the action that we might take. Hoaglun: Yes, Mr. President, I'd amend my motion to include that. Thank you, Councilman Rountree. Zaremba: Second agrees? Bird: Second agrees. Zaremba: Okay. Any further discussion? We have a motion and a second on the floor. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council June 7, 2011 Page 28 of 75 Zaremba: All ayes. That motion carries. MOTION CARRIED: ALL AYES. Zaremba: Thank you all very much for your testimony and for coming this evening. We are hoping this project goes swiftly and can be done on time. All right. That wraps up Item 7-A. B. Public Hearing: VAC 11-001 Jayker by SWG Brighton, LLC Located North Side of Chinden Boulevard, East of N. Tree Farm Way Request: Vacate a Portion of the Plat (Lots 1; 8-15, Block 15 & Lots 1-32 Block 16) and the Associated Public Utility Easements Platted with Jayker Subdivision No. 1 Zaremba: We are now onto Item 7-13, which is also a public hearing. This is VAC 11- 001 and I will open the public hearing on that. It is Jayker by SWG Brighton, LLC. And we will begin with the staff report. Parsons: Thank you, Mr. President, Members of the Council. The application before you tonight is for a vacation. It inctudes two requests before you this evening. Before I get into that, the property is located on the north side of Chinden Boulevard just east of North Tree Farm Way. The outlined portion here in front of you shows what's actually being vacated tonight -- a portion of it anyways. And I will move on to the application. So, the request again includes two -- one would be vacating the recorded plat -- or recorded lots within this plat and also the associated easements with those lots. What you see highlighted in pink before you represent the lots and the common lots that are an easement that are proposed to be vacated as well. Later on this evening you will be acting on a final plat to basically replat what hopefully is being vacated this evening. I would make a motion again this vacation is needed to proceed so the applicant can proceed with the new final plat and, again, that will be before you this evening. You can see the portion in the black that's on the right-hand side of your screen -- is what is to remain intact with the new plats around this. Also -- excuse me. I did want to make mention that the applicant is working with Public Works Department on the new sewer easements. That exhibit was attached to the staff report. It's my understanding that Public Works has approved those realignments and that those would happen on a case- by-case, lot -by -lot basis and so they are in support of the vacation application as well. We have also received the necessary relinquishment letters from the appropriate service providers. They are in support of the vacation as well. And so based on the fact that we will be getting new easements with the new plat, the sewer lines will be rerouted on a lot -by -lot basis. And the fact that Public Works had to approve that sewer plan. Staff is recommending approval of the vacation. The applicant has provided some written testimony on the application. They are in agreement with staff's recommendation. To staffs knowledge there aren't any other outstanding issues before you this evening and I would be happy to answer any additional questions you may have. Meridian City Council June 7, 2011 Page 29 of 75 Zaremba: Thank you, Bill. Council, any questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Either Bill or Bill. Either side. Help me understand the process here. We have -- we have had a draft plat -- Parsons: Mr. President, Councilman Rountree, we have a recorded final plat. Rountree: We have a recorded final plat. Parsons: Correct. Rountree: So, we are looking at abandoning the final plat and, then, looking at placing another final plat or are we going to be looking at abandoning a final plat and looking at a draft plat? Parsons: Councilman Rountree, we will be looking at -- we will be abandoning a final plat and looking at a new final plat, not a draft plat. And the reason why we are proceeding this way -- if I can give you some of the background behind the discussions with the applicant, is primarily that the applicant wanted to reconfigure the lots. At first they wanted to process the lot configuration with property boundary adjustments. In order to do that they would have had to vacate those easements regardless and, then, staff would have had to have processed multiple property boundary adjustments, so it's, basically, the Planning Department's recommendation that they just come in, vacate that portion of the plat that they want to resubdivide in final plat, that way we can accomplish two birds with one stone. Essentially get a new plat, remove the easements, and get the easements back in place with a new final plat subject to new conditions of approval with the new final plat. Rountree: I guess my question is the new final plat will have never been subject -- I just answered my question. But there has never been a preliminary plat or a draft plat subject to public hearing. Parsons: Councilman Rountree, the project was preliminary platted with the Jayker Subdivision, so there was originally a preliminary plat, you're correct, and then, they came in with phase one as a final plat. The kind of unique situation here is they had a recorded plat. The UDC doesn't adequately address how to process a final plat when you already have a recorded plat. So, those are some of the discussions that we want to have with the final plat in decision before you this evening. Rountree: Okay. And that's -- I asked the question not that make this last any longer than it need to, I just don't want to have to see it again, because we didn't do something right. Meridian City Council June 7, 2011 Page 30 of 75 Canning: Correct. Councilman Rountree, the final plat that you will see after this application is in substantial compliance with the approved preliminary plat. Rountree: Okay. Canning: You don't need to see another preliminary plat. Rountree: The connection's been made. Canning: And perhaps for some of the Council Members that aren't aware of it, plats never go away, unless they are vacated. So, even if we processed all the lot line adjustments, the records for somebody's property might read, you know, the east ten feet of Lot 5 and the north 15 feet of Lot 25 and the east -- I mean it would just be very awkward. So, that is why we have proposed this vacation of the recorded plat and, then, you will have a new final plat to look at tonight. Rountree: That actually makes sense to me. Canning: Okay. Zaremba: Any other questions? Okay. This is the applicant's time to come forward and, again, as with other public hearings the applicant will have 15 minutes and, then, other people who have signed up or wish to speak will have three minutes each, then, the applicant will get five minutes to respond. Will you, please, state your name and address for the record. Wardle: Yes. Mr. President, Council Members, Mike Wardle, Brighton Corporation. 12601 West Explorer Drive in Boise. Excuse me. If I can only take a minute and a half. Bird: We will let you. Zaremba: Wonderful. Wardle: Staff has done a good job of both addressing the issue so that there is a lot of clarity when we come out with the second application and this package, but it's also an item that we took before the Ada County Highway District, because we already have recorded streets. We took it to the county surveyor, who has to approve all lot issues and subdivisions and it was concluded by all that this was the appropriate means to do this. The streets don't change. The common driveway locations that are noted on that original recorded plat do not change. What really is changing are some of the very unique and somewhat irregular lot lines on primarily the quad lots that are served by those common drives. Most of the other lots stay, essentially, the same. We, in fact, are vacating 39 residential lots and we will re-record 38 residential lots. So, we have actually lost one in the process. Be happy to answer questions on this one or wait until you take the second application, but we support staff's recommendation. Meridian City Council June 7, 2011 Page 31 of 75 Zaremba: Thank you. Questions from Council? Bird: I have none. Zaremba: All right. Thank you very much. We do have two people who have signed up and as I call your name if you would come forward if you wish. Linda Lazaris. I don't see anybody moving. Oh, here she comes. And would you, please, state your name and address for the record. Lazaris: Certainly. Linda Lazaris and I live at 9948 West Targee Street in Boise and my brother and I own the West Wing Estates property that is to the east of the plat that they are talking about. The only concern that we have is we just wanted to make sure is with the -- the vacation and the changes to the proposed plat that the issues in the development agreement that were initially stated for our access into their streets, their stub streets, is not changed at all. So, I just wanted to make sure that that stays the same. I think he answered my question when he said the streets don't change, but I just would like it to be on the record that those stub streets that were stated in the development agreement are still in place. Zaremba: We will have him specifically reconfirm that. Lazaris: Okay. Thank you. Zaremba: Thank you. Any questions? Okay. Gary Henkel. Henkel: Good evening, Council Members. Gary Henkel. 9109 Burnett Street, Boise, Idaho. Zaremba: Thank you. Henkel: As my sister stated, we are just concerned about the -- maintaining those stub streets, keeping those intact that were originally proposed in the -- in the original agreement there, so -- Zaremba: Great. Thank you. Henkel: Thank you. Zaremba: Any questions? Rountree: I have none. Zaremba: All right. Those are the people who have signed up. Anybody else care to the speak or testify on the matter? All right. Mr. Wardle, would you return, please. And state your name and address for the record. Meridian City Council June 7, 2011 Page 32 of 75 Wardle: Mike Wardle. 12601 West Explorer Drive in Boise. With regard to the comment made, there is no change. There will be stubs provided. This property actually does not yet abut that of --corner to the commentors and in the preliminary plat that this Council approved in September of last year for the remainder of that property, stubs were provided and they will continue. Zaremba: Great. Thank you. Any other questions from Council? Bird: I have none. Rountree: I have none. Zaremba: Any questions or discussion from staff? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we close the public hearing on Item 7-B. Bird: Second. Zaremba: We have a motion and a second to close the public hearing. All in favor say aye. Any opposed? That carries unanimously. MOTION CARRIED: ALL AYES. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we approve Item 7-B VAC 11-001. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries unanimously. MOTION CARRIED: ALL AYES. C. FP 11-005 Spurwing Orchard by SWG Brighton, LLC Located North Side of Chinden Boulevard; East of N. Tree Farm Way Meridian City Council June 7, 2011 Page 33 of 75 Request: Final Plat Approval for 38 Residential Building Lots and Four (4) Common Lots on 12.98 Acres in an R-15 Zoning District Zaremba: Next item on our agenda, Item C, is final plat 11-005, Spurwing Orchard by SWG Brighton, LLC, and we will begin again with the staff report. Parsons: Thank you, Mr. President, Members of the Council. Here is the plat that I alluded to, Mr. Rountree. As the applicant stated, the applicant is reducing the number of lots from 39 to 38, but they are planning four additional comment lots. The circles that you see before you here represent the quad lots and those are primarily the reason for the reconfiguration to realign those curb cuts. The open space for the subdivision will also diminish slightly, approximately 7,575 square feet. But overall the project still provides 38 percent open space, so it far exceeds what the UDC requires as far as a ten percent requirement. The request for you tonight, as I mentioned earlier in my previous presentation, there are some new caveats here that we need Council to act on tonight and I will go into those real briefly. I will go into more specifics with you now. The first has to do with the circular driveway that the applicant is proposing. On the graphic before you here I have it highlighted in red. The applicant is, again, proposing a circular driveway. North Jaykers Road along that northern boundary is a future collector street or is designated a collect street and in the UDC that requires Council waiver to allow access to that roadway. Keep in mind in the staff report we made some analysis that this is not necessarily a direct lot access for those lots. If you look to the east there, if you can see my cursor here, you could see that the lots actually front on a local street. So, those common driveways, it's staff's opinion that this common driveway is merely acting as a circular driveway, not direct lot access for these parcels. So, it's our recommendation that Council approve that curb cut or that circular common driveway. I'd also point out that ACHD has also provided comments or e-mail -- or the applicant has provided comments from ACHD and they are supportive of that as well. The next issue has to do with the expiration date and I think Councilman hit this nail right on the head. We don't necessarily -- as Mrs. Canning's pointed out, the new final plat conforms -- substantially conforms with the preliminary plat. However, we have a recorded final plat, so under the UDC that plat's recorded, the expiration dates have been satisfied per the UDC. Now, the applicant's coming back, vacating recorded lots. However, it's not necessarily tied to the expiration dates of approval of that previous preliminary plat. So, what staff is recommending tonight is that if Council recommends approval of the final plat this evening, that the new final plat that you're acting on be subject to tonight's hearing date recommendation. So, in our recommendation staff is -- if it's approved staff is recommending that the 24 month time period starts from tonight's action. So, basically, the applicant would have until June 7th, 2013, to receive city engineer's signature on the plat. Staff did receive written testimony from the applicant. They did provide some testimony in regards to one condition of approval and that that condition number four, bullet number one, which staff has recommended that they provide a five foot interior lot line public utility easement. The applicant has proposed some separate language. They want to have flexbility to develop some of those quad lots with attached product. Staff is supportive of their language and, basically, all we Meridian City Council June 7, 2011 Page 34 of 75 are recommending Council to do this evening is add to that condition as determined by city engineer. I have it referenced in your hearing outline this evening. Because attached product is also proposed, staff is recommending an additional condition or approval with the final plat that basically states prior to the issuance of a building permit any future attached homes shall obtain CZC and design review approval from the Planning Department. So, we are recommending that in addition to what the applicant would like to change. So, to really quickly summarize what staff is asking for -- no really outstanding issues before you this evening, but just to summarize what actions we need from you, one is we need you to clarify that circular driveway to North Jaykers Way, modify the condition as proposed by the applicant, and, then, also if you wouldn't mind including in your motion that that expiration date starts from the date of Council's action, which would be this evening. To staffs knowledge there aren't any other additional outstanding issues before you this evening. Again, staff is recommending approval of the final plat. This concludes my presentation. I would be happy to answer any questions you may. Zaremba: Thank you. Council, any questions? Bird: I have none. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Would you explain the -- or maybe the applicant can, the -- the circular drive on Lots 2, 3, 4, and 5 it looks like. Pretty small scale. It almost appears to me that Lots 2 and 3 would have a circular drive and four and five would not or would they all be part of a circular roadway through there and what kinds of provisions would they have in their CC&Rs to handle neighbor disputes, because I can see all kinds of fun things happening there. So, maybe the applicant can answer that. Zaremba: Did staff wish to offer a suggestion first? If not, we will ask Mr. Wardle to come forward. And, please, state you name and address for the record. Wardle: Mike Wardle, 1201 West Explorer Drive. Council Member Rountree, this particular series of four lots basically is the same as if you look just immediately to the south of those four you will see two of the quad lot sets. All of those lots are served by a common drive and so there is a maintenance and operation requirement that will tie each of those four to their unique situation. Now, the one to the north that you're citing specifically, that common drive currently comes in from -- oh, I haven't memorized the name of the street. Lonicera Way. And up until now, then, they all had to come back out that direction, but it just appeared that there would be better circulation. Nobody will be backing into the street, but they will be able to pull out of their individual lots and they can go either way. They can either come in through that new curb cut or they can come in from the other direction and, then, depart. Again, this was worked out with ACHD and because it is not a direct lot conflict with that collector street it was not deemed an Meridian City Council June 7, 2011 Page 35 of 75 issue. So, this is what -- this was not unique to these four lots only. It's the same that applies to all of the quads and provisions are made for that kind of a -- I suppose dispute resolution that you cited. Rountree: What kind of widths are we talking about? Wardle: The width of the -- Rountree: Particularly as you get into lots -- access for Lot 2 and Lot 3. Wardle: If you're talking about the width of the drive -- Rountree: Please. Wardle: Twenty feet. Which is fire department regulation. Rountree: Okay. Okay. Wardle: And actually already in place. If you were out there today you would find them -- Rountree: I can't do that. Sorry. I would love to be able to do that, but -- Wardle: If you have ever driven through that project, Mr. -- President -- Councilman Rountree, you would find that those common drives actually were constructed with the original project and they don't change. I mean they are not changing location or utility access or anything of that nature. It's just some of the lots at the back were somewhat interestingly shaped. Be happy to answer more questions if you have them, but just to note for the record, we have worked with staff in proposing some language change that is actually already within the code for some discretion by the city engineer on easement requirements and we do concur with the proposed additional conditions for the CZC and design review, which we understand would be at the administrative level. Zaremba: Thank you. Any other questions? Rountree: Mr. Chair? Zaremba: Mr. Rountree. Rountree: You indicated the streets and whatnot are already in and apparently some of the drives. Will you be, as part of the redevelopment and replatting of this, have to -- and in those cases when you do have to change the stub outs for sewer and water? Wardle: Mr. President and Council Member Rountree, actually, the stubs -- the sewer stubs that go into those common drives or those quad lot areas do not change. Meridian City Council June 7, 2011 Page 36 of 75 Rountree: Okay. Wardle: We have only had to add a couple of sewer stubs where we reconfigured some of the lots that were not of that character, just because they did not fit a couple of the new lot lines. So, there is only several of those. Rountree: Okay. And you will be doing that? Wardle: Pardon? Rountree: You will be doing that? Wardle: That is correct. Rountree: Okay. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun: Hoaglun: Mr. Wardle, since we are on a new final plat for the record, as you indicated earlier that there is no change in the street design. The stub streets remain where they are and there is no changes in that; is that correct? Wardle: Council Member Hoaglun, yes, that is correct. Hoaglun: Thank you. Wardle: Uh-huh. Zaremba: Thank you very much. Wardle: Thank you. Zaremba: Gentlemen, this is not a public hearing, but we do need to take action. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we approve Item 7-C, final plat 11-005, with staff comments with respect to that curb cut on North Jayker Way. Condition No. 4, on bullet one, adding the language as stated by staff. And including an expiration date of the final plat of June 7th, 2013. Hoaglun: Second. Meridian City Council June 7, 2011 Page 37 of 75 Zaremba: We have a motion and a second. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries unanimously. MOTION CARRIED: ALL AYES. D. MFP 11-001 Gateway Marketplace No. 2 by The Land Group Located Southeast Corner of E. Ustick Road and N. Eagle Road Request: Approval to Remove the 10 -Foot Wide Landscape Easement Platted Along the Eastern Boundary and Conditioned with Gateway Marketplace Subdivision No. 2 (File #FP 07-020) Zaremba: Item D is MFP 11-001, Gateway Market Place No. 2 by The Land Group. And we will start with the staff report. Parsons: Thank you, Mr. President, Members of the Council. The next application before you is a final plat modification. The subject site consists of 17.34 acres, is zoned C -G and is located on the southeast corner of South Eagle Road. This final plat came before you in 2007. As a condition of that final plat the applicant was to depict a -- basically a landscape -- ten foot landscape easement along the eastern boundary and so now the applicant is moving forward with site development. There is a future grocery store planned for the site, which should happen very quickly and so, basically, what I have done with this exhibit here I have referenced what the easement is or the depiction is on the final plat and, then, the condition itself just basically depicts that easement. I would point out to Council that the UDC does not require any land use buffers between commercially zoned property, so the property to the east of this subdivision is also zoned C -G, so there is no conflict there. And, then, also the UDC doesn't -- the applicant isn't necessarily wanting to exclude their requirement for that buffer. At a minimum the UDC requires a five foot buffer. Here is what the applicant is -- more than likely will propose with their CZC and design review application. This is that buffer that we are talking about, particularly where that easement is located right now -- or depicted. Typically with final platting we don't require an actual landscape easement, it's just typically a buffer depicted on the plat. So, somehow that easement was also referenced incorrectly on the plat. So, that's another reason to basically clean up this issue as well. So, what you see here is you can see -- in this depiction here, you can see where the supermarket is planned and, then, along the eastern boundary you can see the loading docks and, then, that buffer. So, the application isn't necessarily wanting the minimum, at this point they basically want to narrow it down to eight feet, basically, where the loading dock is and, then, transition it wider as they meet the drive aisles to the north and south of the development. The reason why the rider there is there is future connection plans for the uni -- subdivision to the east and as part of that requirement that was to be a private street there. So, I think the intent is to blend in with Meridian City Council June 7, 2011 Page 38 of 75 their landscape buffers to the development to the east, so that's why they are keeping it wider. The other reasons for the width is there is substantial amount of easements in that area. That precludes the planting of trees in that easement, particularly an irrigation easement. So, in order to meet the intent of the ordinance, the applicant is leaving a wider buffer so that the trees will be on the periphery of that easement and, then, that would allow them to narrow it down to that eight feet and do shrubs and ornament there. The applicant -- I did receive written testimony from the applicant. They are in agreement with staffs recommendation. So, basically, staff is recommending approval of the final plat modification. Basically, one, to strike that condition of approval, which specifically can site specific condition number 11 on the final plat and, then, also the applicant will have to work with the Ada county assessor's office to remove that depiction from the plat. To staffs knowledge there is no other outstanding issue before you this evening. This concludes my presentation. I will be happen to answer any additional questions you may have. Zaremba: Thank you, Bill. Any questions? Rountree: I have none. Bird: I have none, Mr. President. Zaremba: Mr. Bird, were you saying, yes, you have a question? Bird: No. I have none, Mr. President. Zaremba: Okay. Thank you. In that case, if the applicant has anything to comment, please, come forward. And, as always, state your name and address for the record. Thompson: President Zaremba, Members of the Council, Tamara Thompson. Landmark Development Group. 2462 Sunshine Drive in Boise. I'm here representing the landowner and I think Bill covered everything very well, so I don't want to just reiterate what he said, I'll just confirm that there will be a landscape buffer on that east property line, it just needs to have some -- it doesn't need to be the ten feet in all areas, but it is -- it will go no smaller than eight feet and it's 18 to 21 feet in other areas. I will stand for questions if you have any. Zaremba: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: We have none. Thank you. Again, this is not a public hearing, but we do need to take action. Bird: Mr. President? Meridian City Council June 7, 2011 Page 39 of 75 Zaremba: Mr. Bird. Bird: I move we approve MFP 11-001 with staff and applicant comments. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: That carries unanimously. MOTION CARRIED: ALL AYES. Zaremba: We have been in one meeting or another since 5:30 this evening and I'm going to take the acting Mayor's prerogative of declaring a recess. We will reconvene at five minutes after 9:00. Recess: (8:55 p.m. to 9:05 p.m.) Item 8: Department Reports A. Planning Department: Community Development Block Grant (CDBG) Program Year 2011 (PY2011) Pre -Draft Discussion Zaremba: All right. Thank you. We will reconvene the City Council meeting for June 7th. It is five minutes after 9:00 and I appreciate everybody taking a break and coming back on time. We are onto Item 8, Department Reports, and we will go to Item A, Planning Department. den Hartog: Thank you, Council President Zaremba, Councilmen. We are here tonight to talk about the Community Development Block Grant, the 2011 annual action plan. We are in the pre -draft prioritization stage. We have a number of applications submitted during our process from starting the end of April through May. So, I'd like to go through a little bit about what we have been through and what we have done and what the recommendations are this evening. We are looking for either concurrence on our recommendation or direction otherwise if the Council has additional input. We will be coming back in two weeks on the 21st with the draft annual action plan based on the information that we move forward from this evening. For this coming program year we are -- our estimate is 230,709 dollars for our entitlement amount. This is a 16 and a half percent decrease from last year. If you were aware of the Congressional budget hearings for fiscal year '11 they did decrease the overall CDBG funding. This decrease was based on our highest year -- this past year was our highest allocation of approximately 274,000. As always public services are capped at 15 percent of the allocation and our administration costs are capped at 20 percent. We had a workshop Meridian City Council June 7, 2011 Page 40 of 75 at the end of April and invited past subrecipients and potential future subrecipients to come to the city, hear about our programs, and see how they might be eligible to apply and submit projects. People submitted applications in June -- or, excuse me, in May and we will move forward with an internal city working group to rank and score those applications. Projects were scored on the goals and outcomes, the need that was proposed to be addressed, have the organization plan to carry out the project, the capacity of the organization to carry out the project and how the project did or did not meet the goals or -- and objectives of the city's consolidated plan. We are moving into the fifth year of our consolidated plan. It is a five year plan. So, based on the recommendations we have a number of goals and objectives that we have achieved over the last four years and some that we are still looking to achieve during this last year of our plan. We have five applications submitted for the public service category. The total funding for the applications that were submitted was just over 98,000. 'The available funding for program year 2011 is just over 34,000. The working group recommended two applications for partial funding under this group. The first was to the Meridian Food Bank. The group's recommended funding amount was 24,600. This was a high priority need for the city work. We have worked with the Meridian Food Bank in the past, they have the capacity to carry out the goals and objectives that they clearly stated and they are filling a definite need within the community. The second one that we are recommending for funding was the Boys and Girls Club, a scholarship program for extended programs and recommending that funding amount at 10,000 dollars. Excuse me. The Boys and Girls Club program -- they offer a number of different services before and after school and those are outside of the regular programs that they provide and these are additional programs that are for a fee. So, that money towards scholarships for kids who perhaps can pay the annual fee to the club, but can't afford to pay for the additional programs at the club. The other applications that we received were the foreclosure prevention and innovation program. This was submitted by Neighborhood Housing Services. The funding request was for just over 15,000 dollars and that would have gone to support a staff person and Neighborhood Housing or a partial staff person at Neighborhood Housing Services to go forward with that program. The other one that we did not recommend -- we had two others that we did not recommend funding for. The first was the Catch, Incorporated, and that's the charitable assistance to community homeless. Some of you may be familiar with this program. Currently it started with the city of Boise. It's operating within the city of Boise and there is a Catch of Canyon county. The program is rapidly housing of homeless persons. They work in coordination with the faith based community. Those churches pay for rental assistance up to six months. What Catch does is they provide intensive -- intensive social services to connect people to the things that they need within the community. Part of -- or the funding that they were requesting goes for a part-time staff person. Catch has been working with the Meridian School District. At this time we didn't feel that their capacity was to the level that we could move forward with it this year. We certainly understand the need and why they made the request this year and there definitely is a need and we probably will continue to explore that with them. They are here this evening to perhaps talk with you further about their program and some of the things that they do. Excuse me. The last one in the public service applications was the Meridian Senior Center. They submitted an application for computers and computer Meridian City Council June 7, 2011 Page 41 of 75 classes at the new facility. The funding request was for just over 3,100 dollars. The primary -- two of the primary reasons this did not move high in the ranking was it didn't meet a consolidated plan goal and if we purchased equipment with that grant dollars, there is a great deal of tracking and staff time that has to go -- move forward for about five years with that. So, that was one of the primary reasons -- thank you -- that we didn't -- that that priority level wasn't higher for that particular application. Moving on to the non -- nonpublic service applications. There were six applications submitted for a total funding request of 310,000 dollars. Available funding for this program year was 150,000 dollars. The working group recommended five applications for funding at varying funding levels. The first two you're familiar with, both Neighborhood Housing Services and Ada County Housing Authority submitted for a down payment assistance program, 20,000 dollars for down payment for Neighborhood Housing Services and 15,000 dollars for Ada County Housing Authority. The reason Ada County Housing Authority's is less this year is we have 35,000 remaining from our current program year and I know that they have been a little bit slower. They are definitely working to try to expend those funds, but we definitely want to -- we had a great deal hanging out there if they hadn't been able to move forward with those. The first one was the Meridian Development Corporation facade improvement program. This is one we have tried before and we are hoping to have some success with this time around. It is a goal in our consolidated plan that we haven't yet been able to achieve, so it's one area that we were hoping to achieve in our last year. The fourth one there was the Meridian Parks and Recreation. This is the final segment in a pathway segment that we funded for a number of years. This current year we were getting from -- it's the segment between Pine and Fairview and it's this last remaining trunk that we were hoping to finish with this year. And the last one is the Meridian Playground Project for the all abilities playground. This is a cooperative project. There is folks from the Meridian Elementary School and the Boys and Girls Club that have been working on this playground project and we have the principal of Meridian Elementary here to answer any questions about that, so he can kind of provide you with a little bit more information about what that is about. We don't have a funding level recommend for this program yet. We are still working through some questions and the school district has been very responsive in those questions. One thing we did want to be clear about is that the program would be open to the public. It is on school grounds, but it wouldn't be blocked off. So, it would be open to the people in the neighborhood as well and not just during school hours. And the last one was a project submitted by the Meridian Development Corporation for a Nine Mile Creek flood plain feasibility study. And this study was to determine the possibility of daylighting and new culverts and there is some additional things related to the flood plain. Part of the reason this didn't move forward or move higher in the priority ranking is -- has to do with how we fund projects through the block grant. If we have a study it has to eventually result in an actual construction project and we don't get credit from the federal government until we have a constructed and completed project. There is a great deal of good that could come from this feasibility study, we just don't know that the grant funding the study is the most appropriate forum to kick that off. So, what we talked about with Meridian Development Corporation is if the study can be funded some other way, not through the grant, that potentially some of the construction could be funded by the grant dollars in the future. So, that's where that one fell, excuse me, in Meridian City Council June 7, 2011 Page 42 of 75 the rankings. So, with that we do have a number of individuals from the different organizations here to answer any additional questions or even just provide you with a little bit more information. I will be happy to answer any questions that you may have. Thank you. Zaremba: Gentlemen, any questions of Lori? Bird: I have none. Rountree: I have none right now. Zaremba: Okay. I would ask one of Mr. Nary. This is not a public hearing and we do have a public hearing scheduled for two weeks from now on this very subject. Is it appropriate to have applicants testify if other applicants are not here? Nary: Mr. President, Members of the Council -- Zaremba: Is your microphone on? Nary: It is now. Zaremba: Thank you Nary: Mr. President, Members of the Council, I guess I would ask Ms. den Hartog is the intent of tonight for the Council to give direction for a draft and, then, have public comments? Because it does seem a little awkward to have some applicants and not all here to give testimony and, then, the Council to form some direction from that. It seems more appropriate that, really, the dialogue should be between the Council and you and if there is clarification, maybe that's something that the applicant could provide clarification, not sort of as a pitch, but more as -- so the Council has some understanding to, then, give you direction. Would that seem more appropriate? den Hartog: Council President Zaremba, Mr. Nary, the applicants -- I have been in communication with the applicants, they were aware of this item being on the agenda this evening. If you have any specific questions I want to clarify what particular projects are about. I think the applicants can answer any questions that you might'have. We do have a public the hearing on the draft in two weeks, which will be formed based on what happens this evening. Zaremba: Okay. On that basis I'm willing to ask questions of any of the applicants. Does anyone on the Council have questions? Mr. Hoaglun. Hoaglun: Just in looking at the nonpublic service applications and the recommended funding levels and I understand Ada County Housing Authority -- Lori laid that out very well. The all abilities playground, if someone was here to -- Meridian City Council June 7, 2011 Page 43 of 75 den Hartog: Yes. Hoaglun: -- to respond to some questions I'd like that. den Hartog: Council President Zaremba and Councilman Hoaglun, we do have Principal Myers here. If he would come forward. Myers: Good evening, Councilmen. Thank you for your time and, again, thank you for your question. Zaremba: Thank you. Could I ask you to state your name and address for the record? Myers: I'm Marcus Myers, I'm the principal at Meridian Elementary School at 1035 Northwest 1st Street, right across the street. So, I do have -- and if it's appropriate for me to hold it up this way in which to be able to do that. This is the architectural and engineering representation of what we are looking at in regards to that. The property itself -- if I can hold it up this way. I apologize. The property itself sitting here is the Boys and Girls Club and, in fact, it's directly adjacent. We share a parking lot area here with the Boys and Girls Club and this is the existing structure of Meridian Elementary School here. The reason for the project and the purpose for grant writing it and for the fund request in regards to that is there is a high number of needs for students with mobility issues, disabilities, that includes wheelchair bound students, it includes blind students, deaf and hearing impaired students, learning disabled students and within the downtown area, especially those indicated by the -- by the grant area in which we can apply for, that, basically, is the Meridian Elementary School boundary. It's also the largest boundary in which the Boys and Girls Club serves. We send every day about 230 students over to the Boys and Girls Club and participate in the activities that the club does offer and so we do have a strong partnership with the club. The idea for project was in regards to that partnership with the club. We made it purposely adjacent to the club, so that they could have access to that, not only during the school year, for the before and after school programs and during the school day, but also during the summer the Boys and Girls Club uses our facilities extensively during the summer and we have a great partnership with them in regards to that and serve over -- I think the last count was 250 students over the summertime. So, they would be able to use this program as well. It would also increase the ability of the Boys and Girl's Club to be able to offer services for students with disabilities. Currently the building in which they reside doesn't necessarily offer that in a playground structure in the area, they are more than welcome to use our playground, however, our playgrounds at Meridian Elementary are not -- they are ADA compliant, but, however, they don't have things like -- you can see the design of this is basically ramps for students on wheelchairs. That material itself is soft enough so that students who aren't wheelchair bound, that do have mobility issues can get canes and can actually crawl up and down these materials safely. This material here indicated -- it is a wood chip ADA compliant material that you can get a wheelchair across. However, it is also proposed that we use the rubber type flat material used in our park down the street as well, so that wheelchairs can get there. This is a paved area and a structure around, basically, for students in wheelchairs and it provides Meridian City Council June 7, 2011 Page 44 of 75 sensory as well. There are bumps and dips and hills and valleys that are safe for students in wheelchairs. Additionally the -- much thought was put into this with Breckon Land Design who also designs other abilities playgrounds throughout -- I think throughout the valley here and throughout Idaho. And so much thought was put into -- in regards to sensory areas and issues. Also you can see that it's designed in stages, so that as funding is received that we can build within stages, so the request itself is not one large immediate sum. The total bill for this is about 125,000 dollars. The team has raised approximately 2,100 dollars in grant writing so far and, basically, we are looking at developing this within stages and you can see it includes not just the playground, but a barbecue and picnic areas for community events in combination with the Boys and Girls Club and, then, also community block gardens, so the community can come in and actually plant those -- you know, plant vegetables and fruits and those areas and, then, also work with Boys and Girls Club over the summer in regards to having that ability and to harvesting that and using it for events. Councilmen, any questions? Zaremba: Questions? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Yes. You talked about phases. What are you looking at for first phase in terms of cost and what do you want to achieve with that first phase? Myers: Absolutely. So, our first stage would be the initial land design and groundbreaking with that and, then, the first phase is this initial larger area structure that you have -- that we see here in front and, then, the concrete pathway around. This second phase is this second sensory area. This is a soft surface play area and it has playground access areas that are sensory based, much like musical tones that students can hear and, then, areas in which they can sensory and feel and manipulate objects throughout the playground and it is all wheelchair accessible. So, phase one is the larger phase. Phase two is right here and, then, phase three is the community garden and barbecue picnic areas. Hoaglun: Thank you. Myers: Councilmen, other questions? Bird: I have none. Rountree: I have none. Hoaglun: Just a quick comment. As an alumnus of Meridian Elementary, I -- this project is intriguing, so something to take a look at. Meridian City Council June 7, 2011 Page 45 of 75 Myers: Thank you. And thank you for hearing this. It's a student comprised of about percent free reduced students who, you know, the government deems about three out of ever four students are considered impoverished by the federal government and so we do what we can in regards to this and currently we serve over 120 students on -- who do have some sort of a disability of one way or another and so it would impact them greatly. So, Thank you. Zaremba: I would say that the success of Adventure Island in Settlers Park would certainly indicate the need for this and I appreciate your presentation. One drawback is that when you present to the City Council we need to have a copy of that for the public record. If you don't want to give up poster, do you by any chance have a digital copy that you could e-mail to the clerk. Myers: Absolutely. In fact, we have a website in which this is available and I can send that directly as a pdf to the clerk. Zaremba: All right. Thank you. Lori -- oh, I'm sorry. Any other questions on other subjects from the Council? Hoaglun: If Lori could just -- back to the previous slide, I think that showed the other applications that -- and my question on this for Lori was the fact that we are limited to 15 percent of the total budget and the two totals there, the 34,000, equals the 15 percent or pretty close? den Hartog: Correct. Hoaglun: Thank you. den Hartog: Council President Zaremba, if I may, I know we have in the audience a representative from Catch, who may like to talk to you about what they have been working towards in the city and perhaps some needs and if there is any questions that arise in terms of how we rank that particular application I can answer that, but we have someone here. Zaremba: I think that would be interesting to hear, if you care to come forward. And, again, please, state your name and address for the record. Morris: Greg Morris. 3521 West Tulara Drive in Boise. Mr. President, Members of the City Council, thank you for the opportunity to share briefly with you. I will try to keep my comments very brief. I also have with me this evening the regional director of Health and Welfare Mr. Ross Mason and Jeannie Buschine from the Meridian School District. So, just real quickly I want to -- under the national goals of the CDBG program one of the goals is to provide safe and sanitary housing and among the national objectives of the CDBG program are to benefit low -- low to moderate income persons, aid in the prevention or elimination of slums or blight, and meet an urgent need. What Catch does is re -house homeless families with children. It's not just the general homeless person. Meridian City Council June 7, 2011 Page 46 of 75 We explicitly target -- exclusively target families with -- with school age children and in the two years since we have had this ongoing dialogue with the City of Meridian -- in fact, actually, one of my earliest meetings with Mayor de Weerd was in Orlando, Florida, when Catch was receiving a national award from the National League of Cities and CH2M Hill. Since that time Catch has been nationally recognized by the U.S. Department of Health and Human Services and I could go on. As Lori mentioned, we -- we replicated the program in Canyon county thanks to support from the city of Caldwell and the city of Nampa and as she also mentioned back in 2006 the Boise City mayor and city council approved for actual funding this program through general fund and we were able to rally the community around that. But in the two years since we began the conversation the need in Meridian has exploded, especially that among homeless families with children and the Meridian School District reported this last school year 425 homeless children and keep in mind that there are no emergency homeless shelters in Meridian and so what Catch has proposed is to utilize as a primary referral agency the Meridian School District to refer families directly. But in the city of Boise we receive quite a few referrals from families with children who are living with in a homeless shelter there, who homeless episode originated in Meridian. We also receive a lot of referrals from the Salvation Army's home in Nampa, which also receives individuals and -- I'm sorry -- families with children whose homeless episode had originated in Meridian. So, the purpose of the application that we sent this year -- this was the first -- the first year we have applied for CDBG funding -- was to -- was to really help get a program off the ground here in Meridian and I actually met with members of the Mayor's staff last week, so very short notice, but they requested that we get some firm letters of commitment from the potential community partners that would be rallying their support around a project if you chose to fund it and -- and I can tell you tomorrow morning at 10:00 o'clock the Meridian School District is hosting a meeting, we have invited faith leaders from over the valley -- I'm sorry. Well, exclusively Meridian faith leaders from congregations here in the Meridian area. The United Way of Treasure Valley is posed and ready to also help us. They were able to support the start-ups in both Boise and in Canyon county and several local businesses. There is a lot of wonderful businesses here in the Meridian area that when given an opportunity give back in this way they would step up. So, our meeting is tomorrow and we are going to be asking for letters of commitment before the public hearing, which will be in two weeks, as Lori mentioned. So, just real quick, of the City of Meridian were to invest in Catch it would leverage almost double the amount from the rest of the community. In the city of Boise I know for every dollar the city invests we get almost three dollars back from the community in the form of charitable contributions from local churches and businesses and individuals. If -- if not this year we would not be able to get this program off the ground and begin helping some of families with children. I do want to state real quick -- it just kind of occurred to me tonight as I was watching the presentation earlier -- technically, if it's not too late, it is possible that this application could fall under the nonpublic service applications. The only thing that would need to be changed would be the applicant. Instead of Catch, Inc., we have a very close relationship with the Ada County Housing Authority. In fact, we are in their building and they executive director is on our board. So, I know that they have in the past expressed an interest in helping Catch any way they can. So, it's probably too late in the game to change the applicant, but the rest of the application Meridian City Council June 7, 2011 Page 47 of 75 would still hold true and the city of Boise is actually currently considering moving some of their invested dollars to the housing authority to benefit the Catch program in an indirect manner. So, that would be a possibility that maybe we can discuss at a staff level later. And with that I want to really thank you for your consideration of this project. We really feel it's an important one. I know that you all are considering a lot of amazing projects and as it is, unfortunately, the case, most years you have a lot of great projects and simply not enough funding to go around and we just appreciate your consideration. As I mentioned, Ross Mason, the director of Health and Welfare is here this evening, if you'd like to hear from him, as well as Jean Buschine real quick, just to share with you the statistics from the Meridian School District. Hoaglun: Mr. President, one quick question just so I'm on the same page, because sometimes the definition of homeless may vary slightly from agency to agency, depending. Could you give me the definition of homeless for your -- your organization? Morris: Sure. And you're correct, there are -- and depending on whether you're talking to HUD or Health and Human Services -- and maybe Jean would be able to answer the question as it relates to the Meridian School District definition, which is the one -- but I think the families that we are talking about are folks that are homeless without -- without any other place to stay. I think their definition is a little bit -- a little bit broader, but for our purposes -- I know in Boise and in Canyon county we exclusively work with families that are currently living in shelters or living in their cars, if they are coming from a referral agency, like the Department of Health and Welfare. But the reason that we exclusively work with that is because we get a lot of calls from folks that are doubled up or living precariously housed, but that -- because we have just limited resources we want to make sure we are working with families that have exhausted all other resources, so -- Hoaglun: Thank you. Morris: You're welcome. Zaremba: Thank you for the information and since you took the trouble to come I would be happy to have you come up. Mason: I will be brief. My name is Ross Mason, I'm regional director for the Department of Health and Welfare, 1618 Linkershim -- and I do live in Meridian, even though I work in Boise and Caldwell. In my role I see a lot of different things and we offer a lot of services through the Department of Health and Welfare. We offer food stamps for people who are hungry. We offer mental health services for the mentally ill. Developmental disability services for those who are handicapped. Daycare for children who might not have day care otherwise. We do not offer housing. It is a huge gap and as I proceed in this -- in this position I find homelessness becoming a larger and larger issue, with no easy answers and no central place to answer those -- those questions and attack that problem. Catch is a wonderful program, I wholehearted support it. It has community wide support in Boise and in Caldwell in Canyon county and that Meridian City Council June 7, 2011 Page 48 of 75 support includes private business, churches, the Department of Health and Welfare, obviously, and a variety of individuals as well. So, I would certainly urge the Council to look carefully at funding for the program. It is a wonderful program, I wholeheartedly support it. Its success rate in Canyon county is about 95 percent. We have helped more than 40 families, 150 children, in just two years and this is a -- Canyon county was a place where most people didn't really think there were a lot of homeless. In my experience it's far worse than sometimes we like to acknowledge, sometimes we even are aware of. So, whatever support you can provide is most gratefully welcomed and I will stand for questions if you have any. Zaremba: Thank you. Any questions? Rountree: Mr. President. What -- you spoke of Canyon as being a pretty successful program. Mason: Yes, sir. Rountree: How are they funded and to what level are they funded? Mason: Well, I don't have the exact dollar numbers. I think Greg might. But the funding comes from a variety of sources. There was a small amount of money that came from the department in the form of case management for one of the staff at Catch. There was funding -- Catch funding that came from Simplot and I think one of the banks -- I believe Mountain West -- am I correct, Greg? And a couple of other companies. I don't have those right in front of me. There was a -- there was some money from two churches I believe. I can't -- I think it was the Mennonite church and one other one. And Greg help me. Other funding sources? Zaremba: You need to repeat what he said if you would, please. Mason: There was a federal grant that came from -- housing grant out of the city of Nampa. And we also, by the way, got I think 3,000 dollars from the city of Nampa to assist in that regard. And, of course, there is a lot of in-kind services as well that are provided by churches and individuals and companies. There are several apartment firms that provide housing for our families and do so for free. So, basically, what it does is it gives the families inside a house, an apartment, it gives them some permanency, it gives the kids stability, and that makes them much more successful and, frankly, we don't see them at our door at the Department of Health and Welfare after they enter the Catch program. Zaremba: Thank you. Mason: You're welcome. Canning: Councilman Zaremba? Meridian City Council June 7, 2011 Page 49 of 75 Zaremba: Yes. Canning: May I -- oh, we have one other from Catch, don't we. Zaremba: Yes. Please. This is very informative, so I appreciate the information. Boschine: Okay. My name is Jeannie Boschine and I live at 668 North Gray Pebble Way in Eagle and I supervise the school counselors and I am also the homeless grant liaison. It is required by school districts to have a person dedicated to managing the collection of data around homelessness and so I'm the individual. 1998 we identified 13 students in our school district that were homeless. We are not done yet. We will probably be done tomorrow. But we have over 225 this year. Of course, we had fewer students in 1998 than we do now. We have almost 35,000. So, it's about a little over one percent of our students are homeless or experience homelessness during a school year. You asked about the definition and that is a really good -- it is very different and more generous than a HUD definition. So, it is -- when a student lacks a fixed adequate or permanent nighttime residency and that could be they live in emergency or transitional shelters, hotels, motels, trailer parks campgrounds, cars, public places or they are doubled up with friends or relatives, but when we have people that are doubled up we make sure that before we label them as homeless they have to be having no right to live there and can be asked to leave at anytime. The numbers of students last year that were in shelters were 23, hotels and motels 13, unsheltered or cars or campgrounds ten, but the majority were doubled up and 258. But, again, they are very precariously housed to be asked to leave and are often very mobile. They, you know, rarely can stay a whole school year, which means that they have to either choose to leave that school and be in a situation where they start all over again and have to establish not only social, but academic goals and -- or we transport them, which is another thing that we have been doing. So, that's where Greg and I connected is we have had a lot of students live in shelters downtown Boise and we have been transporting them back and hoping that they will get into the Catch program and we have had some successfully in that program. Once they get into a shelter in Boise Catch will look at them or they live in Nampa in a shelter. And, again, we have had one family that actually got permanently housed. So, with that -- I don't know if that's enough information, but I just want to also extend -- you know, I don't know if you have time at 10:00 o'clock tomorrow to come to our school district, but we would love to have you come and listen to the whole presentation. We have a lot of great community partners. One of them Dan Clark from Valley Shepherd Church of the Nazarene. He's a very good personal family friend. Very excited about this. I know that I spoke to a minister at the Methodist church, also very excited about this program. I think our community will get around -- you know, wrapped their arms around this and -- and I like it for a lot of reasons, but I like the social worker piece, that this family is not just going to be given money and no accountability or no help that got them into that situation and so this is more than a solution, it is a change in their life and just have been so impressed with the results from Boise and from Canyon county. So, with that -- I don't know if you have any questions of me. Meridian City Council June 7, 2011 Page 50 of 75 Zaremba: Any further questions? Hoaglun: No. That was very helpful for me. Thank you. Rountree: Thank you. den Hartog: Thank you. Director Canning. Thank you, President Zaremba, Members of the Council. I wanted to just provide a little bit more information on how we select some of our candidates and because our ward is so small our administration budget is likewise very small and we moved the CDBG administrator to a part-time position, so we could make sure we weren't exceeding those administrative funds. Part of our concern with the Catch program is that administratively it would take a lot more time than some of the others. So, I just wanted to offer the idea that if the Catch program is something that the Council is -- wants to consider, it may be more appropriately funded and just out and out easier to fund through the general plan, rather than through our CDBG funds. For the amount they are asking it would just take a lot of administrative time and effort. More than we have, quite honestly. Thank you. Zaremba: Thank you. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Lori, the idea that Greg expressed in terms of the nonpublic service application through Ada County Housing, is that something that we can explore and -- it seems to me like that's a pretty reasonably approach. den Hartog: Council President Zaremba and Councilman Rountree, I -- regardless of the applicant, if we are considering funding of a staff person to perform the -- the social services that they are looking for, I think it still would qualify as a public service. So, I think it still falls under our cap. I'm happy to explore that opportunity with Greg and with the Housing Authority a little bit more to see if there is a different way that we could classify it. My initial thought would be we could not reclassify it as a nonpublic service. Rountree: Well, I guess my question and desire would to see it explored. Let us know -- and as we move through this through the public hearing process we can make the decision on where we can use the limited funds. den Hartog: Absolutely. Zaremba: I do not recall from previous years or previous discussions that we have ever supplied staff time. I have always been assuming that this was grant of money and although we monitor their program to some extent to make sure that the money goes where it was requested, I wasn't aware that we have ever supplied any staff time. So, this would be unusual; is that correct? Meridian City Council June 7, 2011 Page 51 of 75 den Hartog: Council President Zaremba and Councilmen, that is correct and that was one of the things that we took into consideration as a group when we were reviewing the applications. It would -- it would be different than what we have done in years past in terms of how we have provided assistance and how we have distributed the grant funds. This would be a new direction and part of that is exactly what Anna had stated that it does create additional administrative work both from our Finance Department and for myself and so that was one of the considerations that we had just in terms of what HUD requires in terms of tracking and time and all of that. So, it's possible, but it is different than what we have done in the past. That's correct. Zaremba: Thank you. Any other discussion? Consideration the whole list, any priority changes for Lori to think about in the next two weeks or shuffling of amounts to suggest? Mr. Bird. Bird: I would just as soon wait until we have the public hearing to make up my mind, see what the public has to say. Zaremba: So, for the time being the list that she presents tonight is a good one to go forward with and what we would discuss at the public hearing? Bird: I think Mr. Rountree asked a question that -- or heard a follow up to that and I -- which I agree with there, so -- Rountree: I think in -- I think in general all of these are -- you know, they all tug at you pretty hard and it's tough to make that decision and when you -- particularly the public service application area, it's -- we are very familiar with several of these and they have been extremely successful and we have seen a lot of positive results out of them. I can see this one is -- it's been presented to us this evening and that's certainly one of those that we -- we need to take a hard look at. We are a city known for -- for families and this gets to the heart of that. One thing I would suggest that you all look at is given the limited amount of money is there something less than the approximately 20,000 that can still result in something and, then, I think as a Council if this is something that resonates with us, that we follow up with the suggestion that Director Canning is -- can we see something in the general fund to pursue this as well. So, I don't think we are done with it at this point. At least I'm not. And I would suggest that you be here in two weeks and -- and let us know. den Hartog: Council President Zaremba, just one additional comment. With that direction in the draft plan that I will present in two weeks, I will include all of the applications that we received, not just the ones that we had initially recommended for funding, so we will have the opportunity at that time, if you see fit, to shift around those dollars if need be based on the testimony that we receive at that time. So, I'll include all of them. Meridian City Council June 7, 2011 Page 52 of 75 Zaremba: Thank you. And your work leading up to this point has been massive and very much appreciated, so thank you. B. Planning Department: Continued from May 17, 2011: Findings of Fact and Conclusions of Law for Approval: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations Zaremba: All right. Next item is Item B, which is also the Planning Department regarding Meridian Vision MDA 11-003. Canning: Thank you very much, sir. You may have noticed that one of your findings was pulled from the Consent Agenda and put on as a -- essentially a department report and here is why. You approved an amendment for a development agreement on April 26th for an updated site development plan and building elevations for Meridian Vision. Following the hearing, but prior to approval of the findings the applicant notified staff it was not financially feasible for them to build the elevations they presented to Council. So, we struggled a little bit with what to do and we decided that the best option was to hold the findings and give you an opportunity to look at the revised elevations that they are proposing and make a decision based on those. So, they have submitted those revised site plan and building elevations for review. They gave them to staff and it was our determination that they weren't substantially consistent with what they -- what you all approved. So, we are bringing them to you tonight to look at. So, the revisions to the site plan consist of the elimination of the courtyard between the two buildings, so you can see the courtyard. This is the approved site plan and this is the revised site plan. So, there is the courtyard. And the elimination of two parking stalls on the east side of the southern portion of the site and five stalls on the northern portion of the site and I think you can see those pretty clearly outlined in red. The building elevations have also been revised to reflect approximately a 50 percent reduction in the amount of stone veneer on the face of the building and if you look at this -- if you look at these elevations you will see the stone veneer is used as a wainscoting -- wainscoting on almost every elevation on the original submittal and, then, it drops back to the corner pieces on the new submittal. So, as I mentioned before, staff found that they do not substantially comply with what you all approved the other day, but that's not the question before you. The question we need to ask you is Council needs to determine if the revisions are acceptable and should be included in the findings and subsequent amended DA. If Council deems that the proposed changes are acceptable, staff has prepared findings for approval at this hearing that include the revised plans and those are the ones posted on the agenda. If Council deems the proposed changes are not acceptable, staff has also prepared findings for approval at today's meeting that include the original plans approved with the development agreement modification and the clerk has those available. So, it would require an amendment to the agenda and action on those revised findings. Another option, if you feel it's more appropriate, would be to require a new public hearing for review of the proposed changes if you deem that Meridian City Council June 7, 2011 Page 53 of 75 appropriate. So, we have given you a few options. This is an unusual situation. We were trying to avoid approving findings and having them turn around and submit another development agreement modification for your consideration. With that I will answer the questions I'm sure you have. Bird: Mr. President? Zaremba: Thank you. Mr. Bird. Bird: Anna, this is, basically, a new application, isn't it? Canning: In many respects, yes. Bird: I mean, you know, the -- the building elevations don't bother me that much, but the site plan -- I mean they have changed -- they have taken out parking, they have taken out -- you know. It's a complete different application and you got neighbors and stuff around there -- I lean towards having a public hearing so people can give input if they had -- if they have -- so desire. Nary: Mr. President? Zaremba: Was that Mr. Nary? Nary: Yes. Zaremba: Okay. Mr. Nary. Nary: Mr. President, Mr. Bird, I -- before Mrs. Canning answers I was going to say that's kind of the level we left with from the staff level. You had a public hearing, the site plan that was approved was changed, so the applicant sort of kind of caused this pickle, but they would -- they would prefer not to go and have another public hearing and I understand why, but it was the staffs desire, both planning and my staff, that, really, that's the Council's decision as to how significant a change you believe this is. I don't believe we had public comment before, but it doesn't mean we wouldn't have public comment if the site plan changes. How significant the site plan change is really ultimately a decision by the Council. Here you have, as you have identified, Mr. Bird, you have had changes in parking, you had changes in the layout of the property, you have had changes in the building elevations. So, you know, staff has some ability to exercise discretion up to a point and I think the planning staff and my staff felt this was a point where, really, it's the Council's call and I had told the planner that one of the things to advise the applicant was that it was the Council's decision. If they required another public hearing, to make sure the public didn't have an issue, then, that's the process they would have to follow and we would send it back for another public hearing. That would delay it probably another month or so, but, again, if the concern is that the public's input is going to come back later to say, well, gee, I didn't come to the Council, Meridian City Council June 7, 2011 Page 54 of 75 because I thought it was going to look like this and, then, you approved something else, I would have come and talked about that, that's certainly a legitimate concern, Mr. Bird. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I somewhat agree, I guess, in terms of it being a new project. From what I see I'm concerned about the loss of parking. I'm not sure you can make what you have there work with eliminating an additional four or five parking spots, particularly for what might occur north of the proposed building site. I assume that's the outline that's darkened and not dashed. Canning: Yes, sir. I believe that's a proposed future building. So, they would have to come in for a new CZC and provide parking for that facility when that was constructed. And the hatched marked -- the hatched area you see -- must be getting close to 10:00 o'clock. I can't speak. Is a cross -access agreement to extend up towards the old Harts building. Rountree: Uh-huh. Yet we don't have a subdivision, we don't have separate lots here, so it's all one development. A question for you, Anna, is that is the design that's proposed, even though it's different than -- than what the applicant originally applied for, is that consistent with our design guidelines? It seems to me it might be. Canning: Council Member Zaremba, Council Member -- or President Zaremba. Sorry. Council Member Rountree. Staff has not indicated that it is not, so I'm assuming that they -- that they looked at that and reviewed it and that it is. My inclination would be that it is. But I have not heard one way or the other specifically. Rountree: And, then, as far as the open space requirement, they are proposing not to have the plaza that would ultimately be between the buildings. Would it be possible to show that as something that they would do in the future when the economy is better and they would be developing that northern part of the lot? And to me that's something that if that's the case we would want to have a public hearing to get that kind of information on the record. Canning: President Zaremba, Council Member Rountree, you certainly could keep that within the development agreement and ask for it to be developed at a later phase. I believe that certainly the intent would be to build the parking later and I -- you could add to the open space as well. Zaremba: I was going to ask a similar question about the plaza and I agree with the thought that maybe it could be attached to the second phase building as a requirement, but a -- refresh my memory on the UDC. Is that -- or could it be a required amenity and what - what is the cutoff? It's something like five acres of property. When do we start requiring amenities and is this a required amenity? Meridian City Council June 7, 2011 Page 55 of 75 Canning: Sir, we stopped requiring amenities in 2005. So, I'm almost positive this annexation came through under the UDC. So, it would have been an offer made at the time of annexation that was included in the development agreement. I'm pretty sure it was not a planned development, but I don't have all the old files with me. I can look really quickly. I do have something. Hoaglun: Mr. President, while Anna is looking for those, my thoughts on this -- the building elevations don't bother me. It appears that it's -- it's a matter of taste, not whether it complies or not. It might look better with more stone, might look fine with -- with just the corners done. In looking at this and trying to think, from a neighbor's perspective, the building itself has not moved that will be built. The parking lot is the same location. It has not been adjusted to any property lines, closer or farther, except for taking away the parking spot. And, then, there is an amenity out there between this building and a future building that possibly could be required to be in there, but certainly there will be landscaping of some sort out there. So, I guess I'm not of great heartburn on -- on these changes, since they are not substantial of moving buildings around and impacting site lines and property lines that -- that people might -- might have testified about here previously. So, that's just my two cents on this. Zaremba: So, here is another question and maybe it's for Mr. Nary. Can we considered this an insignificant change, but add a couple new conditions tonight? Nary: Mr. President, Members of the Council, this -- this finding is for a modified development agreement. So, yes, it depends. You can -- you can certainly in your concern in whether or not how significant the changes are, can certainly have that discussion with the applicant on other mitigating factors, but I guess I would caution you that the more we do that the more it really sounds like another hearing and -- I mean if it's -- again, it's your folks' discretion on how much is appropriate to change and how much is inappropriate -- some of the dialogue I have heard is can you require the courtyard as part of another phase or require the future parking as another phase. That's certainly with a dialogue with the applicant, to, then, consider that that potentially, then, is not a significant change, because it's going to look like it ultimately was proposed, it's just not going to look like it right away, it's going to look like it's part of a future development. That's probably the extent of what I would consider to be negotiation, only because I think if you get much beyond when are you going to build this and what's it going to look like ultimately, it's going to really sound more like another public hearing is probably more appropriate to have that dialogue, but -- so, yes, you can, not too much I guess would be the answer. Zaremba: You actually did answer my question Rountree: Like a lawyer. Nary: Waffle words I think was Mr. Rountree's -- Meridian City Council June 7, 2011 Page 56 of 75 Zaremba: Yeah. Are we at the point where we are -- can ask the applicant or do you have more to say? Canning: Oh, certainly. I was just going to say the application date is 2006 and it was approved in 2007. So, it was under the unified development code and amenities were not required. Zaremba: Okay. Thank you. Is the applicant here? I would ask a couple questions Canning: He's fallen asleep in the back of the room. Zaremba: Uh-huh. Hoaglun: Mr. President, the lights have gone out in the foyer, so -- Zaremba: I have noticed that. Yeah. Somebody is trying to close us up. And if you would, please, state your name and address for the record, please. McElroy: I'm Kevin McElroy and I practice at 1012 North Main Street here in Meridian. Talking about the changes, essentially, it wasn't really so much a matter of strictly economics, but the fact that I intend to subdivide the -- the two into two separate lots and, then, sell the northern lot. Part of the problem I felt was by doing so I would encumber -- by doing too much development between the two buildings I would encumber them and probably have to tear out a great deal of it anyway. The few parking spots in question is on the north side, it would be in the new developed area, they may not view that as being exactly what they wanted, they would tear it out anyway, it would just be wasted money doing it. What the proposed -- or the new proposal that we have given you more than meets the minimum parking requirements for the size of the building. In fact, it more than met and the line that you see delineated east to west is essentially where I would divide the property. So, I'm just trying to develop my property as I see it and, then, sell the -- the area there. Of course we would have a real cooperation between us, because we want to develop a unified -- you know, if I'm going to sell to someone, I want to sell it to a business that will be complimentary, you know, both physically so we can have good ingress and egress into the property. But also the business -- maybe another doctor or dentist, something that would be professional. But I didn't to encumber them with some of these improvements. The plaza idea was a visual interest thing that we came up with initially, but the more I looked at it it was like maybe that's not what they'd like to do and I want to do something that would be coordinated between us. The plaza might just be torn out eventually anyway. It wasn't a real advantage to develop it now and economically it's not an advantage to me right now either. The -- that was essentially it. As far as the stone work, I wanted to build a building that looked nice and, of course, the design element of having different stone, a different construction materials, is to have a good looking building. As I looked at this wainscoting on the bottom of it I was talking with my architect about it and said, well, we are going to be putting planters up against the building, in two or three years it's all going to be hidden. What's the use of building all Meridian City Council June 7, 2011 Page 57 of 75 this good looking stone there and it's going to be covered by plantings. That's silly. Why not put the stone up on the building, so that people driving by will enjoy it. I mean the point is to have a good looking building so everybody can look at the building; right? It's not the structure it's for interest. So, I cut the stone down by half, which is true, but we have a much better looking building. That was the only interest about the building was just make a better looking building. Questions? Zaremba: Thank you. Just to take a stab at my own opinion on it, the elevations look fine to me. You know, I can understand your reason for changing that and that to me isn't significant. The news that you're planning to split the property and that makes other changes in what you're designing is pretty significant to me and that would push it to a public hearing for me. Just one opinion. Canning: Sir, he is not asking approval at this time. He'd have to go through a platting process. Zaremba: But it changes the nature of what can or cannot happen. I mean it throws the plaza out and that was one of the reasons that I agreed with the original. I thought the plaza was important. McElroy: Basically, the plaza -- I'm sorry. Zaremba: Yes. McElroy: May I comment? If it's behind a screen it's basically for something that's not for the public to walk into from the outside, it's between our two buildings. It's just a pleasant place for us to have a picnic area and have some place that's kind of visually interesting between the two buildings, but it's not really for the public's view or the public use. Zaremba: Well, most likely employees would gather there or go out there for lunch or something like that. I mean that's typical of -- McElroy: Between the buildings we could, you know, certainly come up with a pleasant area, I just didn't want to put stone down and, you know, build something nice and, then, have it have to be modified, because part of the problem is you have to put in utilities and everything else and there is going to be changes done anyway and it's going to tear it up. Hoaglun: Mr. Present? Zaremba: Well, I appreciate that. What I'm saying is for me that makes a significant change. Others -- Mr. Hoaglun. Hoaglun: I just wanted to ask on the plan you have, the entrance is the double brick -- it looks like squares coming up and that's the main entrance and, then, you do have a Meridian City Council June 7, 2011 Page 58 of 75 plaza off -- off that side that is, essentially, remaining from -- that would be to the northeast corner. McElroy: Well, that's just a secondary entrance. That's required. We have to have an entrance anyway and that at least gives us access to that entrance and, then, we can, then, expand off of that into a plaza or a meeting area, whatever, you know, we do between the two buildings, but it gives us at least access to it. Hoaglun: Okay. Thank you. McElroy: Initially we were going to put in plantings, of course, and they could look esthetically pleasing. I don't want to have people looking out on bare ground and have nothing to look at, but I didn't intend to make the whole plaza -- initially it could come along. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Again, a question for Anna. The parking as being proposed with this modification is consistent with required parking for this square footage? Canning: Sir, do you know the square footage of your building? McElroy: Twenty-seven hundred -- 2,700 square feet. Canning: So, it would be approximately, what, 14 parking spaces required. Rountree: There is plenty then. Bird: And they got 16. Rountree: Yeah. Canning: Yeah. And typically we -- we require about half of what is necessary, but they do meet the minimum parking requirement and perhaps -- we trust that businesses know their parking needs and provide the appropriate amount of parking. Rountree: Another question with respect to this new information that it apparently will be at least brought forward as a subdivision, are there things in the -- that are in the DA that accommodate that or are there things in the DA that need to be added, such as cross -access agreement requirements and those sorts of things? Canning: I know that we have cross -access requirements and that's why it's shown in the -- the hatched area and I did want to say that it would not be uncommon regardless of the subdivision to see something such as the plaza included in the development Meridian City Council June 7, 2011 Page 59 of 75 agreement. Just because the applicant wants to subdivide it doesn't mean that that can't go in in a future phase or be a shared amenity between the two property owners. There are certainly mechanisms that they can make arrangements for if they subdivide the property. Rountree: And, again, that's not -- not my issue, my issue is to make sure that we have continuity through there for not only you as a landowner, but somebody adjacent as a landowner and we don't get into these disputes that all of a sudden now somebody is going to want access on Meridian Road and it's not going to happen. Canning: All three properties have required cross -access agreements. Rountree: Okay. Okay. I'm fine with the -- with the elevation change. I agree. I think it's consistent with our design guides and I -- it still looks like a nice building. McElroy: Thanks for considering it. Hoaglun: Mr. President, a question for Mr. Nary. To move forward -- since this is rather unusual -- we are being asked to -- if we agree with the changes, revised site plan, we -- we -- this would be a motion to amend the existing development agreement to include a new site plan and elevations and that's all we are looking at? Or to deny. Nary: Yes, sir. Hoaglun: Approve or deny. Nary: And you have both findings in front of you Hoaglun: Okay. Rountree: Mr. President, I'm just going to throw this out, because I think we are there. The one thing that seems to be going through mine and I know yours, David, is the offer originally of the courtyard. I would suggest that we might consider language remaining in the DA that the courtyard be considered in future phases as the property is subdivided and on approval of both owners in the future. In other words, it could or couldn't happen, just to keep it alive. I mean I can understand the new owner not necessarily wanting to take that on. It might not fit with their business. But I think it's a grand idea. It was a good idea to start with and just to keep it alive somehow, because in -- I hope you can sell it and I hope you get a building on it in another year, but I don't think that's going to happen. So, some way we need to perpetuate this idea. Bird: Mr. President? Zaremba: Mr. Bird. Meridian City Council June 7, 2011 Page 60 of 75 Bird: You know, if he's going to subdivide it and stuff, that kind of takes care of my concerns over the site program, because I'm like the rest of you guys, the elevations look fine to me. It's -- the only thing I -- it's tough -- it's tough to tie the -- tie that building -- tie that plaza in there. I don't know how we can do that and still give him an open market to sell. If there is a way we could. Maybe not have it a necessity, but asking to do it within the DA. And I don't know if we can do that in a DA or not. I'm just throwing something out there. I mean I'd like to see it in, but if another business comes in that isn't -- that it don't fit into their plans, why would we make them take their building somewhere else and cost him a sale of his land? So, that's the only thing I was thinking. Rountree: I guess I'd just ask Mr. Nary is there some waffle words that we could do that? Nary: The lawyer's bread and butter, Council Member Rountree. Rountree: Yes. Nary: Mr. President, Members of the Council, you know, I -- you know, I really -- I don't think we can accomplish all of what your desire is. I mean if we -- if we put it in as a desire that's certainly information, but certainly doesn't -- there is nothing that the city can hold anybody accountable to and I understand -- I understand both sides why you would like to have it and why you don't want to necessarily hinder this future potential subdivision requiring it. If we put in those kind of words it's certainly nice, it doesn't mean anything. It won't be enforceable. So, I mean if you'd like to have a plaza there you can tie it to the next phase of this development or future subdivision or future development agreement modification, but, then, it's going to be required or -- I don't know if Mrs. Canning would feel comfortable -- she won't be here to enforce this, so she probably wouldn't mind. But if there was language -- I mean if there is language in there that at a future phase the Council would consider a plaza between the two buildings with that rendering that we have as a consideration for future modifications, then, a future Council could make that decision. It's not necessarily required, but they are going to have to bring it forward as part of that, but we will probably have to bring findings back, because we will probably have to spend a little bit more time than right now to figure out how the wording would make sense that the current applicant would be comfortable with as well. Because, again, if we -- we can come up with lots of language, but if Dr. McElroy doesn't really want to do it, he just won't sign the development agreement and we are kind of back at square one. But we could certainly put in language that it would be a consideration of future modifications, but it's not required. Rountree: Well, having you explain that to me, I would ask the good doctor if that's something he would consider in a DA? Okay. Nary: He said he would. Meridian City Council June 7, 2011 Page 61 of 75 Zaremba: From the audience he said he would. Rountree: From the audience he said he would and, really, that's, again, all I'm after is it was -- it was a good offer, it was a good idea, it may not be a marketing tool in the future, but let's keep it on the table for future consideration, not make it mandatory and when they sell it they say, you know, we'd like to see something that we all can enjoy here, but if that's not something you want to do in developing your piece of property, we don't have to. Bird: That's -- I can go along with that. Nary: And Council Member Rountree, you know, we certainly -- like I said, we can put in language that is clear that it is simply an option the Council would consider at the point of a modification of a future development agreement or a future subdivision of the property, but it's not mandatory for that consideration. Rountree: That's works for me. Zaremba: As I'm understanding your suggestion, that would be a Council option, not an application option. Nary: Mr. President, Member of the Council, it would be a consideration for whatever the next project that comes forward that would -- that you would have to see that the Council would consider that as part of the consideration for modifying the development agreement, but it wouldn't be mandatory and we would make it clear it wouldn't be mandatory to do. It's just the way I think, as Council Member Rountree stated, it's a way to keep it on the table that is something you would like to see, but you're not going to require it. So, all the future Council would be dealing with is they are going to have a provision that says, well, where is this plaza and you're going to say, well, it wasn't mandatory, we couldn't make it fit, here is why and they could make that decision that they are willing to amend the development agreement without it or they are not willing to amend the development without it and that would be a future Council's call. Zaremba: Okay. Nary: And I think as long as it's not mandatory Dr. McElroy wouldn't be handcuffed by that provision for a future buyer. Canning: President Zaremba, I did want to make it clear that if it comes through as a subdivision you can't add a plaza to the subdivision, you won't have that ability. Or as a CZC. So, it would only apply if they come back for another development agreement modification. I do want to make one pitch. If your -- if you feel that this application could be approved without another hearing, because you're continuing this idea of the plaza, then, I would suggest you continue the idea of the plaza and make it mandatory. We are not requiring them to go through a second development agreement modification for tonight's discussion. This -- to remove the plaza all they would need to do is another Meridian City Council June 7, 2011 Page 62 of 75 development agreement modification in the future. So, that's my short -timer pitch for what I heard was you wanted the plaza. If you want the plaza, keep it in there for now and -- I mean require it with the second phase of development, but keep it on the site plan. Rountree: That wasn't what I was saying, again, I'm just saying keep it out there for consideration. Whether they do it or not -- so I guess at this point we have complicated it to the point where I would say -- Bird: Forget it. Rountree: -- forget it. Bird: Me, too. Zaremba: Well, I would say that that was closer to the one I was meaning. That was pretty close. I don't know if we are ready to move on, but one more question. Would splitting that into two lots change the setback requirements between those two buildings? I mean does that change the nature of -- it would still be about the same, because they are similar zoned between the two? Canning: Right. And, actually, I don't think they have any setback requirements in the C -C or C -G, which would have no setback requirements. Zaremba: Okay Canning: Really what dictates development of this site is that -- the flood plain on the property. So, there is limited area for development when you get the buffer on Meridian Road. The likelihood that would be much different than the box shown on there to the north are -- it might be a smaller block. That's about it. Zaremba: Thank you Bird: Mr. President? Zaremba: Mr. Bird. Bird: Unless we got further discussion, I would move that we approve MDA 11-003 to include a new site plan and new elevations. Hoaglun: Second. Bird: Now discussion. Zaremba: Mr. Bird, discussion. Meridian City Council June 7, 2011 Page 63 of 75 Bird: I would ask the good doctor to make sure that if -- if there is any possible way to have the plaza when he develops -- whether he does -- but he's not tied to it. Canning: And just to clarify the record, sir, that -- the maker of the motion, that was for the revised site plan and the revised elevations as presented tonight? Bird: Yes. Hoaglun: Yeah. Second agrees to that. Zaremba: Okay. Thank you. We have a motion and a second and, Madam Clerk, will you call roll, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, nay; Hoaglun, yea. Zaremba: Motion carries, of course. Three to one. MOTION CARRIED: THREE AYES. ONE NAY. C. Parks Department: Budget Amendment for New Bleachers for Mo Brooks Field in Storey Park for the Not -to -Exceed Amount of $38,825.00 Zaremba: Thank you all very much and we are now ready for Item C, Parks Department. Mr. Siddoway. Siddoway: Thank you, Council President. Rountree: Is the Elmo out of focus? Because everything I'm getting is -- Zaremba: Mine's out of focus. Rountree: -- tonight is just blurry. Bird: I thought it was my eyes. Rountree: No. Bird: No. Mine's okay. Zaremba: There we go. That's clear. Rountree: That fills the screen. Canning: It's still a little blurry. Meridian City Council June 7, 2011 Page 64 of 75 Siddoway: It's a little more readable, even if it is still blurry. Mr. President, Members of the Council, I have two budget amendments for your consideration tonight. The first item is for new bleachers in the Mo Brooks field in Storey Park. I was before the Council some weeks ago discussing the issues of the existing bleachers that are out there, so I won't belabor that, but we do have an unsafe situation with the existing bleachers that are out there. We did have an analysis of them done by Insight Architects and used that information to help us prepare actually a budget enhancement that we anticipated to bring forward for our FY -12 budget. During our director's meetings and discussions there -- it was discussed that this really is more of an emergency situation where we have an unsafe situation and we really ought to bring it forward as an amendment and try and get that done this summer. We did look first at keeping what was out there and trying to -- to retrofit it. Doing so was -- was more costly for us. The total on that one was 63,550. We, then, changed gears and we looked, instead, at, basically, starting over, scraping what's out there, putting down some concrete and bringing in two 21 foot long bleachers and using that in place, so that they meet current ICC code for bleachers. Total on the amendment request is 38,825 and I will stand for any questions. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: All right. We need an action to approve this or disapprove it, one way or the other. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we approve Item 8-C, the budget amendment for Parks for Mo Brooks bleachers in the amount of 38,825 dollars. Bird: Second. Zaremba: I have a motion and a second. Madam Clerk, will you call roll, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. D. Parks Department: Budget Amendment for Julius M. Kleiner Memorial Park Add -Alternates for the Not -to -Exceed Amount of $131,880.00 Meridian City Council June 7, 2011 Page 65 of 75 Zaremba: All right. Thank you. Next item is also Mr. Siddoway, the Parks Department. Siddoway: Thank you. This budget amendment is for Kleiner Memorial Park add alternates. Over the course of the project over the last year and a half we have held several items in reserve for potential funding towards the end of the project if funds were available. With increased costs in steel and related items, the -- the funding just isn't available from the park trust to -- to fund the add alternates that were held in reserve. There are several of such add alternates, but few in particular I feel are important enough and warrant consideration for funding. They are an additional park shelter, a picnic shelter near the splash pad and playground and the second is the arboretum trees and gravel pathway. These -- this budget amendment would -- would cover the cost of those. It would be our intent to move forward with providing those funds this summer, so that they could be completed along with the current park construction. We did anticipate the need for -- for funding in our CIP. We -- we have 160,000 dollars in the CIP for Kleiner Park items. We had talked last year about whether to fund just an open amount and it was decided that we would not -- we actually withdrew the enhancement last year and said we would come back before Council when we had a specific request. We have those specific needs identified at this time and would request those funds for your consideration. The funding source for this would be park impact fees and I have verified that the park impact fees are available with the Finance Department and I will stand for any questions. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Mr. President? Zaremba: Who said that? Mr. Rountree. Rountree: I did. I move that we approve item 8-D, park budget amendment for Kleiner Park in the amend of 131,880 dollars. Hoaglun: Second. Zaremba: We have a motion and a second. Madam Clerk, will you call roll, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Siddoway: Thank you. E. Public Works Department: Budget Amendment for Water Service Main Replacements: Request to Move $56,000.00 from Professional Services -Water into Service Water Line/Water Meridian City Council June 7, 2011 Page 66 of 75 Main Replacements Creating No Net Change to FY2011 Budget Zaremba: All right. Thank you. We are moving on to Item 8-E, which is Public Works Department with another budget amendment. Allison: Council President Zaremba, other Council members, I'll introduce myself, David Allison, staff engineer for Public Works. This is the first time I have been before you. Zaremba: Welcome. Allison: I have two items here, E and F. Zaremba: All right. Let's do them both. Allison: For E we are requesting that we reallocate 56,000 dollars from the professional service part of our budget to waterline replacement. Overall it's a no change to the balanced budget. This came about because of a -- we reallocated or -- excuse me. We reprioritized the project from fiscal year 12 to 11, had the money to do that project and, then, in the midst of that ACHD had moved up another project that took that funding away from what we had originally proposed. We would like the 56,000 dollars moved into our waterline replacement projects. The project that it would be funding is east state street between 2nd and 5th. We would like to get ahead of the split corridor project that's coming up. We also have the chip seals coming in 2014. Zaremba: All right. Thank you. Actually, let's deal with that one first before we go onto the other one. Any comments, questions? Rountree: I have no questions. Hoaglun: No comment. Ready to make a motion? Zaremba: Ready. Hoaglun: I move approval of the budget amendment for a water service main replacement in the amount of 56,000 dollars. That will be moved from professional services water into -- into service water line, water main replacements. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: Thank you. Unanimous. Approved. MOTION CARRIED: ALL AYES. Meridian City Council June 7, 2011 Page 67 of 75 F. Public Works Department: Budget Amendment for Northwest 4th Street Water Line Replacement for the Not -to -Exceed Amount of $50,000.00 Zaremba: And let's go to Item F, then. Thank you. Allison: Thank you. For Item F we are looking to allocate 50,000 dollars from the professional services into the water line service replacement as well. This would also be a no change to the overall balanced budget. In this particular case we had an increase in asphalt costs from the beginning of the project to the end. Our contractor came in and we approved a change for that. Where we are at now is that this is a cost- sharing project with Ada County Highway District. We will be -- at this point I have 41,323 dollars that will be billed to Ada county that will be reimbursed to us. It was a cost-sharing project as their storm drain laid over top some of our water lines and so they -- they are paying to have that water line -- those storm drains moved, as our water project progressed through that. In the meantime, because of the -- the previous Item E funding, we had a short fall to cover those changes and so we are requesting the 50,000 dollars be moved in the interim until Ada county is able to reimburse us that at the end of the project. Any question? Bird: I have none. Zaremba: Just to confirm the professional services original budget has enough to do both of these two items? Allison: Right now we have about 493,00 1 think remaining -- Zaremba: Great. Allison: Definitely. Zaremba: Thank you. Hoaglun: Yes, Council President, I signed that and looked at it and asked that same question, so -- Zaremba: Thank you, sir. Hoaglun: -- if it wasn't so late we could make it even harder on David, but, you know, his first time here we will just go easy on him. But, Mr. President, I move approval of the budget amendment for the Northwest 4th Street water line replacement in a not to exceed amount of 50,000 dollars. Rountree: Second. Meridian City Council June 7, 2011 Page 68 of 75 Zaremba: We have a motion and a second. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: Thank you very much. You did well on your first presentation. Very successful. MOTION CARRIED: ALL AYES. G. Legal Department: Budget Amendment for the Youth Work Life Skills Program for the Not -to -Exceed Amount of $11,828.00 Zaremba: Next we have the legal department. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. The first budget amendment I have in front of you is one we are very excited about. This is a project -- a program that's really come into fruition of the last month and a half or so in discussions with Madam Mayor prior to her leaving town. We have been finding a number of applicants -- we have been having a boom year for applications in different job positions around the city. There is, obviously, a difficult time out there in the economy and there is a large unemployment rate in Ada county and so we see a lot of applications of people that have five, ten, 15, 20 years of experience in the job market. What we are also finding is there is a lot of younger people that are not able to enter the job market very well. A lot of jobs that we are finding in Ada county that used to be predominately held by teens or young adults are being -- are having 25, 30 people hired for the same jobs, because the economy is such as it is. So, we had an epiphany I guess in your resources as could we pilot a program -- we have a lot of youth in our community that are out there actively seeking employment and have been unable to find jobs. We thought we could pilot a program that would touch our youth in the community and allow an opportunity to meet some needs we have internally in the city. We find many times during the summer months that we are sometimes strapped with personnel, people are gone on vacations and a variety of different things and there is a lot of juggling that goes on in departments in trying to cover front counters and phones and there is a lot of filings and things like that that don't get accomplished. The human resources thought we could maybe meet that need that the city already has and we have actually a number of departments that have expressed the need for this type of service throughout the summer between Human Resources, the City Clerk's office, the Mayor's office, Planning and the Fire Department that there is a need that could be filled by folks in this type of category. So, the intent between Human Resources staff, myself, Crystal Ritchie, our Human Resources manager and Erin Montemurro, our Human Resources generalist, was to create a program for teens. I talked with Mr. Cavener, who is the advisor to the Meridian Youth Advisory Council, if they had, you know, a number of those students that are still out there looking for jobs and trying to get employment and are having some struggles. We have some positions, as you know, in the Parks Department that we hire some teens for, but even some of those we have pushed more Meridian City Council June 7, 2011 Page 69 of 75 towards adults. The water park attendance, for example, the first year we hired them we hired -- we hired a lot of teens and a few adults. We found that wasn't very effective to have a lot of teens trying to enforce those regulations, so we started hiring more adults, so, again, we were sort of boxing out some of the teens. So, our intent would be with this program is -- it would be teen oriented, the teens would apply for the jobs, they would fill out applications, come in for job interviews, we want them to get that life experience that they are not having an opportunity to get right now. The intent is do the pilot this summer to see how this would work in the various departments with a different -- a couple of different resources that we have of Meridian students and see if this can really work, if it can make some sense for departments and make sense for teens and, then, we could find a way to really create this avenue. We had a program like this when I worked at the city of Boise, they called it Jump Start and what they did was once they kind of piloted it and got if off the ground, they marketed every year to the local high schools in trying to find, again, positions within the city through the summer that could be filled by teens and that would be our desire. If this works, then, we would expand this to the high schools, the local high schools in the city to, again, provide an avenue for folks. I mean this isn't for everybody. Working in an office environment is not all -- all teens can fit in that kind of environment. But we found it worked pretty successfully in Boise. We had Jump Start interns probably the last eight years I was there, we had Jump Start interns in our office every summer providing office assistance and, again, covering for different things that we found in the summer we were sometimes lacking. So, the cost of this program is really a net zero. We have a vacant position in Human Resources we have had this entire budget, we plan on eliminating it in FY -12. So, we have a position we haven't filled we have actually went out twice to the marketplace to fill, we couldn't find anybody adequate to fill it, we decided to expand the role of our administrative assistant and she's taken on that quite well and she works full time, she covers both Human Resources, Legal, and IT in all the varieties of different requirements for admin work that's needed for that. So, we don't have a need for an office assistant. So, in talking with Mayor de Weerd we felt maybe this is an opportunity to pilot this program and we will see how it works. If it's successful we will be coming back next spring to see about funding this, either in FY -12 as a budget amendment or as an enhancement for FY -13, with a full package of -- of a program with you as to who -- how we are going to market this to the various schools and those kind of things. But we really wanted to pilot it. I apologize that it seems like it's a little -- a little small or a little short, because it's really been a short-term discussion with us to try to put this together. But we are very excited. We think this could be something that could be a real connection again with the community, with kids, and the city in finding avenues for them to work and not just park positions, but other ones. We have, again, found occasionally interns in our IT department that worked quite well in the city environment, but we haven't used many in other roles in the city. So, we felt that this was an opportunity and we wanted to ask if we could do it. Sorry for the long explanation at 10:40, but -- Zaremba: Thank you. Any questions? Meridian City Council June 7, 2011 Page 70 of 75 Hoaglun: Two quick questions, Mr. President. Bill, rate of pay and how -- what's the application process and the hiring process? Nary: Thank you, Council Member Hoaglun. The rate of pay is $7.50 an hour. So, just slightly above the minimum wage of 7.25. It's below our other levels. It's really commensurate with some of our seasonal employment. We were going to use paper applications, because it's a little bit quicker and faster to get that in. If this is approved our intent is tomorrow to, then, market that out, both internally in the city, as well through MYAC and any other source that we can get people's applications in within about a week. We have already departments that have expressed a need, so that we can get interviews done by the end of next week and get people placed into departments as quickly as possible, but we have 15 to 20 hours a week, for example, at the fire department, they said they would have a need for this position. We have at least one day a week in my office. We have one day a week at least committed in the Mayor's office and at least one day a week committed in the clerk's office and we also -- the other thing I'd like to do next year is because of the shortness of time and where the funding is coming from currently, we weren't able to use Public Works as another avenue for people to work in. I didn't want to go through the rigamarole to try to do that in this sort of window, but that would be our desire as we expand this and make this work, that we would also use Public Works as another resource that we just aren't able to do this year. But paper applications, interviews by probably next week, placement the week after that. We have got a schedule that we are going to build with the different departments, so that we will know this person is working there this week, you know, we know kids are pretty flexible and have needs in scheduling with activities and events and things like that. So, hopefully, we will have a number of different positions with a number of different hours, we are going to have a number of different kids that can fill four hours here, eight hours on this day, fill in on this date, get them all trained up and stuff and, hopefully, get them really out into the departments within about two weeks. Zaremba: Mr. Rountree. Rountree: Bill, I see here on your program that you would be an intern -- or intern hours as up to 32 hours a week. Are we getting in a position where we have to pay benefits and -- Nary: Council Member Rountree, no. Under our policy they have to work 40 hours a week to get benefits anyway. Rountree: Okay. Nary: And because of the short-term duration PERSI isn't impacted or anything like that. Rountree: Okay. Meridian City Council June 7, 2011 Page 71 of 75 Zaremba: Mr. Nary, I just would suggest to maybe add into the interview process -- if these are being considered for receptionist kind of positions where they may be answering the phone, a portion of the interview should be over the phone, whether it's a longer discussion when you're inviting them to come in for the personal interview, but we would want to get some sense of how they sound on the phone. Just a thought. Nary: Council Member Zaremba, that's a great idea and I will share that with Mrs. Ritchie tomorrow and we will certainly incorporate that as part of the -- as part of the process. Zaremba: Thank you Bird: Mr. President? Zaremba: Mr. Bird. Bird: If we don't have anymore discussion, I move we approve the budget amendment for the Youth Work Life Skills not to exceed 11,828 dollars. Rountree: Second. Bird: We have a motion and a second. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. H. Legal Department: Budget Amendment for Additional Funding for the Historical Society Intern Position for the Not -to -Exceed Amount of $1,110.00 Zaremba: Okay. Next Item H -- 8-H is also the Legal Department. Nary: Thank you, Mr. President, Members of the Council. This is an Historical Society intern. You recall in 2010 the Historic Preservation Commission spending authority to allocate a portion of their funding -- it was up to 1,000 dollars -- for an intern to work for the Historical Society. That was for the summer of 2010 and the intern they hired was able to accomplish -- there was a lot of database entry work that they were doing, a lot of old documents that they were updating putting into a database, so that the handwriting wouldn't get lost, the readability of those documents wouldn't get lost. The intern worked throughout the summer and exhausting the 1,000 dollars. We, then, went to this fiscal year, we changed that position from an intern with the Historical Society that was a contracted position to an actual part-time employee position with the same 1,000 dollar funding. From January to date the intern position has absorbed almost -- a little over 700 dollars of the 1,000 dollar allocation. What the historical society was finding is that they have a lot more work than they realize and a lot more skills that they Meridian City Council June 7, 2011 Page 72 of 75 can use this intern to do a variety of different things that is not just data entry, they are looking at potentially updating their current walking tour brochure is -- it has photographs and text and it's created in old format, so reproducing it is a little more troubling and difficult to do, so the desire is to create a new one. Well, the intern can take the photographs, as most teenagers can, do desktop publishing types of work than other people, so the intern can do that work. There is a desire to do some social media from the Historical Society, so setting up Facebook pages and things like that isn't in the skill set of the people in the Historical Society, but it is in the skill set of their intern. So, the desire was is to expand some of the workload of the intern's position, but we only have 270 dollars left allocated towards that. The only thing that's a little awkward is I have notified the Historical Preservation Commission of it, but there main meeting was an abbreviated meeting, because they hosted the business -- no, the Business After Hours program, so we didn't have a discussion in May with them about this. I did advise them, but because of finance's requirement that we bring all of the budget amendments by this week and their meeting is Thursday, that we would put this back in front of them. If they choose not to do it, then, they would have spending authority that they are going to choose not to elect to use. In my off-the-record conversations I think they are fine with it all. They think the work is necessary to get done, but I don't have their prior approval, it's going to be their ratification of this authority, but with finance's direction I couldn't do it differently. So, I wanted you to know it's a little backwards from how we have done it before, but it is trying to get the same expanded duties accomplished over the rest of the summer. Zaremba: Any questions? Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we approve the budget amendment for additional funding for the Historical Society intern position not to exceed 1,110 dollars. Hoaglun: Second. Zaremba: We have a motion and a second. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea„ Hoaglun, yea. Nary: Thank you. Zaremba: That motion carries. MOTION CARRIED: ALL AYES. Zaremba: And, Bill, would we want to have it on next week's agenda to get a report back about what the society did or are we satisfied to -- Meridian City Council June 7, 2011 Page 73 of 75 Rountree: That would be good. Bird: They are going to take it. Rountree: I'm sure they will. Nary: Mr. President, Members of the Council, I will add a department report for next week and just update you on their meeting and this discussion so that you're aware. Zaremba: Two minute discussion. Nary: Yes. Zaremba: They did. They didn't. Thank you. Bird: I want to see that. Item 9: Ordinances A. Ordinance No. : An Ordinance (RZ 09-006 Southridge West Commercial) for the Re -Zone of a Tract of Land Situated in the West 112 of the Northwest 114 of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and Providing an Effective Date Zaremba: I won't be running that meeting. Okay. We have come to Item 9-A. Madam Clerk, will you, please, read this ordinance 11-1484 by title only. Jones: Thank you, Mr. President. An ordinance RZ 09-006, Southridge West Commercial for the rezone of a tract of land situated in the west one half of the northwest one quarter of Section 23, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 9.33 acres of land from the R-8, Medium Density Residential Zoning District, to the C -C, Community Business Zoning District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Zaremba: Thank you. You heard this ordinance read by title only. Would anybody care to hear the entire ordinance read? Seeing none, we are moving on to Item 10 and -- Bird: Mr. President? Meridian City Council June 7, 2011 Page 74 of 75 Zaremba: Oh, I'm sorry. We need to vote on this, don't we. Mr. Bird. Bird: I move we approve -- Zaremba: Thank you very much. Bird: I move we approve Ordinance No. 11-1484 with suspension of Rules. Rountree: Second. Zaremba: Okay. We have a motion and a second. Madam Clerk, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics Zaremba: Item 10 is future meeting topics and, Bill, I vaguely remember some discussion during our agenda meeting that we might -- I forget what we said we might bring up during future meeting topics. It slipped my mind. If it slipped yours, we will skip it. Nary: Sorry, Mr. President, it slipped my mind as well. I'm sorry. I don't recall. Zaremba: It must not have been that hair raising, so -- anybody else have anything they care to offer? Bird: I don't. Zaremba: There is another motion that would be in order. Hoaglun: I move to adjourn. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. Thank you very much. MEETING ADJOURNED AT 10:50 P.M. Meridian City Council June 7, 2011 Page 75 of 75 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAr De WEERD U DATE APPROVED f� Lt� ➢ c�`k , Changes to Agenda: None Item # 7.A: Southridge Subdivision Gravel Mining Application: Appeal of Director's Denial of a Conditional Use Permit Modification Summary of Request: ➢ January 20, 2011 the Planning and Zoning Commission approved a Conditional Use Permit for a construction gravel mining operation at the Southridge Subdivision. (duration of approval —18 months). ➢ Applicant represented heavy machinery would be equipped with non -audible warning devices (beepers). ➢ Mid April Planning staff received complaints from nearby property owner regarding noise from the gravel crushing operation. ➢ Staff notified operator of conflict with restriction on beepers. ➢ Applicant filed application for Director approval of Conditional Use Permit Modification. ➢ Director denied the application because it was beyond that scope of administrative approvals specified in UDC and because the conditions were a topic of discussion at the public hearing. ➢ Applicant filed a request for Council review of denial. Outstanding Issue for City Council: Should the use of audible warning devices (beepers) be allowed with the approved gravel mining operation? Item #7.B: Jayker Subdivision (VAC•11.001) Application(s): ➢ Vacation Size of property, existing zoning, and location: This site consists of 12.98 acres, is currently zoned R-15, and is located on the north side of Chinden Boulevard; east of N. Tree Farm Way. Summary of Request: The applicant is requesting approval to vacate thirty-nine (39) platted residential lots and two (2) common lots recorded with Jayker Subdivision No.1 and the associated public utility, irrigation, drainage easements and common driveway easements. The affected lots include Lots 1 and 8-15, Block 15; Lots1-32, Block 16 and Lot 1, Block 17. In order to move forward with the new final plat, the applicant must vacate this portion of the recorded plat and the associated easements. The new final plat is conditioned to provide the new easements where necessary. The applicant has provided the necessary documentation from the applicable utility providers for relinquishment of said utility easements. The new plat design has also facilitated the relocation of some of the existing sewer lines. The applicant has been coordinated with the Public Works Department for the relocation of these services. The final plat has been conditioned to comply with the submitted sewer service plan which Public Works approves. New easements will be established with the new plat, sewer lines are to be re-routed and service providers have no objections to the vacation, Staff recommends vacating the lots and easements as proposed. Written Testimony: Applicant is in agreement with Staffs recommendation. Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Item #7.C: Spurwing Orchard (FP -11-005) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 12.98 acres, is currently zoned R-15, and is located on the north side of Chinden Boulevard; east of N. Tree Farm Way. Summary of Request: The applicant is requesting final plat approval for thirty-eight (38) building lots and four (4) common lots on approximately 12.98 acres of land. The applicant is re -platting a potion of Phase 1(originally 39 residential lots and 2 common lots) to accommodate a revised subdivision design. Open Space: To accommodate the new plat design, the open space has been reduced by 7,575 square feet (0.17 acres) to 4.98 acres or 38.4% well in excess of the 10% percent required by the Unified Development Code, and the reduction does not conflict with the open space requirements originally approved with Phase 1. Access: The applicant is seeking a Council waiver for a curb -cut to N. Jayker Way, a designated collector street. The proposed curb -cut connects a planned common drive to serve four (4) residential lots. The connection to the collector street is meant to serve as a circular driveway. Since, the proposed residential lots front on a designated local street, Staff is of the opinion that the proposed lots do not take direct access from the collector street. The applicant has provided correspondence from ACHD supporting the curb -cut. Therefore, staff is supportive of the applicant's request for the curb -cut to N. Jayker Way, as proposed. Expiration Date: Staff is requesting Council reset the expiration date for the subject final plat. Staff is of the opinion that this is a unique situation which the code did not contemplate. Because the applicant is vacating lots from a recorded plat, the UDC does not define an expiration date for the subject final plat. Therefore, Staff believes the timeline for signature on the subject plat should start from the date of Council action. Staff recommends that the applicant have until June 7, 2013 to obtain the City Engineers signature. Written Testimony: E-mail correspondence from the applicant stating he is in agreement with the conditions of the staff report with the exception of site specific condition No. 4, bullet 1 regarding easements. Outstanding Issue(s) for City Council: Outstanding issues for Council are as follows: 1) Curb -cut to N. Jayker Way. Staff is supportive of the circular driveway connection as proposed by the applicant. 2) Condition No. 4, bullet 1— The applicant is proposing the modification to the condition as follows: strike a -5 -foot wide interior lot line public utility, drainage and irrigation easements or as determined by the City Engineer." Staff is supportive of the language proposed by the applicant. The applicant indicated that attached homes may be developed on the quad lots. The UDC requires attached homes to obtain CZC and DES approval prior to issuance of a building permit. Therefore, Staff is recommending that a new condition of approval to be added as follows: Prior to the issuance of a building permit, any future attached homes shall obtain CZC and DES approval from the Planning Department. 3) Expiration date for the final plat —Staff is recommending that Council reset the expiration date to June 7, 2013 as stated in the staff report. Staff Recommendation: Approval Notes: Item #7.D: Gateway Marketplace Subdivision No. 2 (MFP-11.001) Application(s): ➢ Final Plat Modification Size of property, existing zoning, and location: This site consists of 17.34 acres, is currently zoned C -G, and is located on the southeast corner of N. Eagle Road and E. Ustick Road. Summary of Request: The applicant is requesting to remove an approved final plat condition and depiction from the face of the plat that requires a ten (10) foot wide landscape easement to be graphically depicted along the eastern boundary of Southeast Corner Gateway Subdivision No.2. The applicant is in the final stages of site planning for a future grocery store and is seeking relief to reduce the approved ten (10) foot buffer to eight (8) feet in the eastern boundary of site where the grocery store will be located. The request does not relieve the applicant from providing a landscape buffer. Specifically, the Unified Development Code (UDC) requires at a minimum a 5 -foot wide landscape buffer adjacent to drive aisles and does not require a landscape buffer between commercial properties, zoned C -G. This modification request is necessary to allow the applicant to move forward with the certificate of zoning compliance (CZC) and administrative design review applications (DES). Since the 8 -foot landscape buffer exceeds the minimum five foot required by ordinance and the UDC does not require landscape buffers between commercial properties, staff recommends removing condition No. 11 and the depiction from the final plat. Written Testimony: Applicant is in agreement with the staff report. Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Item #8B: Meridian Vision (MDA -11.003) Background: An amendment to the DA for an updated site development plan & building elevations was approved by Council on April 261h. Following the hearing, prior to approval of the findings, the applicant notified staff it was not financially feasible for them to develop the site as proposed. The applicant submitted a revised site plan & building elevations for review by staff to determine if the revisions substantially comply with the plans approved by Council, as required by the DA. Revisions to the site plan consist of the elimination of the courtyard between the two buildings & elimination of 2 parking stalls on the east side of the southern portion of the site & 5 stalls on the northern portion of the site. The building elevations have been revised to reflect approximately a 50% reduction in the amount of stone veneer on the face of the building; stone veneer is now only proposed on the corners & the entryway instead of all the way around the building as wainscoting. Staff reviewed the proposed changes & is of the opinion they do not substantially comply with the plans approved by Council. Summary of Request: Staff requests Council determine if the revisions are acceptable & should be included in the findings and subsequent amended DA. If Council deems the proposed changes are acceptable, staff has prepared findings for approval at the June Th meeting that include the revised plans. If Council deems the proposed changes are not acceptable, staff has also prepared findings for approval at the same meeting that include the original plans approved with the MDA. Another option would be to require a new public hearing for review of the proposed changes if Council deems appropriate. Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 18, 2011 City Council Special Jt. Meeting Appv-iwe-a MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 17, 2011 City Council Meeti P-PT)YuvP-A MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES - INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 24, 2011 City Council Meeting MEETING NOTES vJ( EVr�ge lAvo- jlun uuo.S absen+ CLERKS OFFICE FINAL ACTION L' 0mct 1 r✓to,,_, DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Tom Phelps/Kings of Swing for Musical Talent for Concerts on Broadway for the Not - to -Exceed Amount of $1,500.00 MEETING NOTES A'PPro.re� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this J day of June, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho. WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Kings of Swing, a seventeen -piece band specializing in the performance of swing and big band music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Tom Phelps and the Kings of Swing, shall perform for the public approximately thirty (30) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, June 18, 2011, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system. If Tom Phelps and the Kings of Swing elect to electronically amplify their music or spoken announcements, Tom Phelps shall provide, set up, and operate any and all sound systems and equipment necessary to do so. Tom Phelps and the Kings of Swing shall set up any sound systems and/or related equipment by 6:00 p.m. on June 18, 2011, and Tom Phelps and the Kings of Swing may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Tom Phelps and the Kings of Swing elect to use risers to elevate the musicians, Tom Phelps shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Tom Phelps for services rendered by Kings of Swing pursuant to this Agreement in the amount of one thousand five hundred dollars ($1,500.00). This payment shall constitute full compensation from City to Tom Phelps and/or the members of Kings of Swing for any and all services, costs, and expenses related to services performed under this Agreement. Tom Phelps and/or the respective members of Kings of Swing shall be responsible for payment of any and all taxes due and owing for payment PROFESSIONAL SERVICES AGREEMENT -TOM PNELPS/KINGS OF SWING, CONCERTS ON BROADWAY PAGE t Of 5 received under this Agreement. B. Cancellation of event. If Tom Phelps and the Kings of Swing are present and prepared to perforin at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Tom Phelps in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Tom Phelps or the members of Kings of Swing. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on June 18, 2011. C. Method of payment. Following the June 18, 2011 performance, Tom Phelps shall provide City with a completed W-9 form and an invoice for the amount of one thousand five hundred dollars ($1,500.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Tom Phelps and/or any other payee. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Tom Phelps and the members of Kings of Swing shall be solely responsible for any and all measures necessary to protect equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. B. Public venue. Tom Phelps and the members of Kings of Swing acknowledge that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kings of Swing shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Tom Phelps and the members of Kings of Swing shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Tom Phelps and/or Kings of Swing shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. PROFESSIONAL SERVICES AGREEMENT— TOM PHELPS/KINGS OF SWING, CONCERTS ON BROADWAY PAGE 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Tom Phelps and the members of Kings of Swing acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Tom Phelps may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Tom Phelps permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Tom Phelps and the members of Kings of Swing shall not subcontract or assign any of their obligations under this Agreement related to or that may relate to his talent or expertise. Tom Phelps and the members of Kings of Swing may subcontract or assign obligations that do not require their artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Tom Phelps and each member of Kings of Swing shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Tom Phelps and/or Kings of Swing, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Tom Phelps and each member of Kings of Swing acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and does agree to assume all such known or unknown risks. F. Waiver. Tom Phelps and each member of Kings of Swing shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Tom Phelps and each member of Kings of Swing is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of PROFESSIONAL SERVICES AGREEMENT - TOM PHELPS/KINGS OF SWING, CONCERTS ON BROADWAY PAGE 3 of 5 employer and employee between Tom Phelps or any member of Kings of Swing and City or any official, agent, or employee of City. Tom Phelps and Kings of Swing shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Tom Phelps and each member of Kings of Swing shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Tom Phelps nor any member of Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: PROFESSIONAL SERVICES AGREEMENT —TOM PHELPS/K1NGS OF SWING, CONCERTS ON BROADWAY PAGE 4 of 5 C City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org Kings of Swine: Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Phone: (208) 327-0049 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. Tom Phelps expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kings of Swing and each and every member thereof. Tom Phelps further warrants that he is authorized to bind Kings of Swing and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kings of Swing and its members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the - day of June, 2011. KINGS OF SWING: Tom Phelps CITY OF MERIDIAN: BY: aA3r�` � Attest: Tammy de Weerd, Mayor RcTiuG Mtjt/eC PROFESSIONAL SERVICES AGREEMENT—TOM PHELPS/KINGS OF SWING, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services with Meridian Symphony Orchestra for Musical Talent for Concerts on Broadway for the Not -to -Exceed Amount of $500.00 MEETING NOTES ,YV vov20\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this qday of June, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Meridian Symphony Orchestra, a nonprofit corporation organized under the laws of the State of Idaho ("MSO"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Meridian Symphony Orchestra, an orchestra specializing in the performance of classical and instrumental music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. MSO shall provide approximately forty-five (45) instrumental musicians to perform for the public approximately nine (9) classical and/or instrumental songs, from 7:00 p.m. to at least 8:30 p.m., on August 20, 2011, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 6:00 p.m. on August 20, 2011, and MSO may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If MSO elects to use risers to elevate the musicians, MSO shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to MSO for services rendered pursuant to this Agreement in the amount of five hundred dollars ($500.00). This payment shall constitute full compensation from City to MSO for any and all services, costs, and expenses related to services performed under this Agreement. MSO and/or its respective members shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT -MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 1 Of 5 ( B. Cancellation of event. If MSO is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay MSO in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by MSO or its members. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on August 20, 2011. C. Method of payment. Following the August 20, 2011 performance, MSO shall provide City with an invoice for the amount of five hundred dollars ($500.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of MSO and/or any other payee. III. VENUE. A. Sound system. City shall provide and, with MSO's assistance, set up a sound system and amplification equipment for MSG's use. B. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. MSO shall be solely responsible for any and all measures necessary to protect equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. tC. Public venue. MSO and its respective members acknowledge that the venue is a public place and that all members of the public shall be invited to attend. To this end, MSO shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. MSO's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. D. City policy applies. MSO and its members shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the venue, the performance for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. F. Merchandising. MSO shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. PROFESSIONAL SERVICES AGREEMENT—MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 2 or 5 IV. TERMS AND CONDITIONS A. Time of the essence. MSO acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. MSO may undertake additional promotional activities at its own expense and effort, subject only to the limitations set forth herein. City hereby conveys to MSO permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. MSO shall not subcontract or assign any of their obligations under this Agreement related to or that may relate to his talent or expertise. MSO may subcontract or assign obligations that do not require their artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and (' conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. MSO shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by MSO and/or its members, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. MSO and each member of MSO acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and does agree to assume all such known or unknown risks. F. Waiver. MSO and each of its members shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. MSO and each of its members is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between MSO or any member of MSO and City or any official, agent, or employee of City. MSO shall retain the right to perform services for others during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT—MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 3 of 5 H. Compliance with law. Throughout the course of this Agreement, MSO and each of its members shall comply with any and all applicable federal, state, and local laws. I. Non-discrimination. Throughout the course of this Agreement, neither MSO nor any member of MSO shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ciw MSO: City of Meridian Meridian Symphony Orchestra Emily Kane, Deputy City Attorney David Stolhand, President 33 E. Broadway Avenue P.O. Box 1016 Meridian, Idaho 83642 Meridian, Idaho 83680 Phone: (208) 898-5506 Phone: (208) 891-2721 E-mail: ekane@meridiancity.org E-mail: david.stolhand@meridiansymphony.org Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT— MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. David Stolhand expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of MSO and each and every member thereof. David Stolhand further warrants that he is authorized to bind MSO and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of MSO and its members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of June, 2011. Meridian Symphony Orchestra: 'Z David Stolhand, President CITY OF MERIDIAN: BY: �s„L �� Tammy dee Weerd, Mayor Ac-riN4 MAYOK LSN X17 kik:. PROFESSIONAL SERVICES AGREEMENT —MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Sole Source Procurement of WebCTRL Sensors, Controls, and Software from Automated Logic 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, John McCormick Date: 5/23/11 Re: June 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 7 City Council Consent Agenda for Council's consideration. Request for Sole Source The Public Works Department is requesting a Sole Source purchase for WebCTRL HVAC Controls and Software from Automated Logic, the manufacture dictated supplier. The Public Works Department has previously installed the system in the IT Server Room in an attempt to correct on-going problems with the HVAC system. It has performed very well and Public Works would like to implement the system building wide to correct the HVAC problems with the building and bring the entire building under one system. The Public Works Department has described the sole source circumstances and the Purchasing Manager is in agreement. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper 14 days prior to purchase and authorize the Purchasing Manager to issue purchase orders for the WebCTRL system from Automated Logic (the only available supplier) at the conclusion of the notification period if no objection is received. Thank you for your consideration. 0 Page 1 IDIAN�-- IDAHO CITY OF MERIDIAN SOLE SOURCE FORM PURCHASING DEPARTMENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Requisition Number: Kl& Date: 5/10/11 Item or Service: Installation of Direct Digital Control (DDC) System at the City Hall building using WebCTRL by Automated Logic. Scope of work includes all modules, temperature sensors, flow sensors, humidity sensors, IAQ sensors, control valves, control valve actuators, dampers, damper actuators, and any other items necessary for a complete system and sequence of control, except where existing components can be reused by the new system. X Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors or the manufacturer controls which distributor is authorized to sell the item. X Sole Brand: Various vendors can supply the specified model & brand, and Competitive bids will be solicited for the brand requested. (in this case manufacturer dictates a Sole Source as well) Refer to DDC Control System Specifications document for additional details. JUSTIFICATION: (Attach additional pages if needed) The HVAC system originally installed has not functioned well and having four different vendors involved (Buss Mechanical, Hobson, Yamas, Honeywell) makes it impossible to achieve compatibility throughout the system. As you may recall, the City has had critical issues with the HVAC system in the Server Room and the problems had become an emergency earlier this year. Clima-Tech was called to evaluate and correct the problem. Clime Tech installed the Automated Logic WebCTRL system. The Automated Logic System has performed exceptionally and has brought stability to temperature and humidity levels in the IT Server Room. This system, extended to the rest of the City Hall building,, will put all components on a single system platform, enabling Building Maintenance to optimize comfort and minimize energy consumption, both of which are key goals of the effort to achieve Energy Star compliance. The most optimal and reliable performance can be best achieved with equipment, system components, and accessories that work in harmony with each other, standardized throughout the building, and maintained by excellent service and support. Clima-Tech is also the only vendor authorized to sell the Automated Logic systems software and equipment in our territory. This has been verified at the manufacturer and is the basis for both Sole Brand and Sole Source requests. CERTIFICATION: I am aware of the requirements set forth In the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. L/O/i-,f, NAME epartment Manager Council Approval:\ )I /"P X011 (Dat Purchasing Approval: PutWaslheVnager SOLE SOURCE CITY OF MERIDIAN The City of Meridian hereby publishes notice of intent to award a sole source procurement. This notice is being given pursuant to Idaho Code Section 67- 2808. The sole source procurement is between the City of Meridian and Automated Logic. The City intends to purchase the following: WebCTRL Sensors, controls, software and related parts and components. It has been determined that there is only one vendor available to provide the required goods/service. Any vendor challenging this sole source procurement must file notice no later than June 26, 2011 by sending such to: City of Meridian, Purchasing Department, 33 East Broadway Avenue, Ste. 106, Meridian, Idaho 83642. Fax 208-887-4813 DATED this 3rd day of June, 2011 Keith Watts, Purchasing Manager THE CITY of MERIDIAN, IDAHO Run Dales: June 14, 2011 Meridian City Council Meeting DATE: June 7, 2011 ITEM TITLE: Sole Source Purchase ITEM NUMBER: PROJECT NUMBER: for Sensus Water Meters and Authorization for Advertisement of Purchase in Local Paper MEETING NOTES �)-vpy,O�J 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, Dennis Teller Date: 5/20/11 Re: May 24h 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. Request for Sole Source The Water Department is requesting a Sole Source purchase for Sensus Water Meters. The City Water Superintendent has described the sole source circumstances and the Purchasing Manager is in agreement. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper for 2 weeks prior to purchase and authorize the Purchasing Manager to issue purchase orders for Sensus Water Meters at the conclusion of the notification period if no objection is received. Thank you for your consideration. 0 Page 1 (�fEIDiDC�HO IAN*-- CITY OF MERIDIAN SOLE SOURCE FORM Requisition Number: PURCHASING MANAGER 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-B88-4433 Fax: 206-887-4813 Date: 05-24-2011 Item or Service: Water Meter and Reading System Equipment Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. �( Sole Brand: Various vendors can supply the specified model & brand, and Competitive bids will be solicited for the brand requested. JUSTIFICATION: (Attach additional pages if needed) The City made the decision to switch over to Sensus Automated Water Meters several years ago and by doing so greatly improved its water recording system by standardizing the radio frequency and communication between meters and reading software. This standardization reduced the amount of time needed to complete monthly reads and simplified data transactions required for the billing process. The Public Works Department would like to designate Sensus as the Sole Brand water meter for the City in order to maintain this reading capability and avoid data transfer issues encountered with the mixing of multiple meter brands. Every distributor for Sensus Metering Systems is assigned a specific geographic territory in which they are allowed to sell Sensus products. They are prohibited from selling outside that assigned territory and risk being terminated as a distributor should they "sell or attempt to sell Sensus Products outside their Territory" which dictates a Sole Source for the supply of Sensus Water Meters. United Pipe and Supply, with their Idaho, Washington, Oregon and Alaska branches, is an exclusive distributor of Sensus Automated Meter Reading (AMR) and meter products for these regions. They are not permitted to sell outside of these areas and distributors from other states are not permitted to sell to customers within these boundaries. "Please see attached the attached letter from Sensus Technologies which verifies the sole source designation. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. RtaKkrA 'vim Council t 4eieen- i)emtm-Teter Approval: -0 - Aepa GPurchasingApproval:ment Manager Pu asing Manager Meridian City Council Meeting TE: June 7, 2011 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Award of Bid and for the Waste Water Treatment Plant (WWTP) Filters Building Construction Project No. 10160a to Ewing Company for the Not -to -Exceed Amount of $1,069,086.64 MEETING NOTES AwYUJ ej 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 Wafts, Purchasing Manager CC: Jacy Jones, Roxanne Holland Date: 5/20/11 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. No. 10160a to Ewing Company for the Not -To -Exceed amount of $1,069,086.64. This award and Agreement is the result of formal bid #PW -11-10160a. Bids were issued on April 17, 2011 and opened May 3, 2011. 3 bids were received. Recommended Council Action: Approval of Bid and Agreement for the Not -To - Exceed amount of $1,069,086.64., and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 of Meridian NJCity Purchasing Dept. Memo To: Jaycee Holman, City Clerk From: Keith Wafts, Purchasing Manager CC: Jacy Jones, Roxanne Holland Date: 5/20/11 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. No. 10160a to Ewing Company for the Not -To -Exceed amount of $1,069,086.64. This award and Agreement is the result of formal bid #PW -11-10160a. Bids were issued on April 17, 2011 and opened May 3, 2011. 3 bids were received. Recommended Council Action: Approval of Bid and Agreement for the Not -To - Exceed amount of $1,069,086.64., and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 z 0 1 0 m 0 PUO8 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP FILTERS BUILDING (Construction) Project No. 10160A THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 24'x' day ofMia , 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and The Ewing Company Inc, hereinafter referred to as "CONTRACTOR", whose business address is 1500 Eldorado Ste 4 Boise ID 83704 and whose Public Works Contractor License # is CC -12002_3. INTRODUCTION Whereas, the City has a need for services involving WWTP Filters Building - (Construction); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WWTP Filters Building - Construction page 1 of 13 Project 10160A 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by t, applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $1,069,086.64. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. W WTP Filters Building - Construction page 2 of 13 Project 10160A 3. Term: ( 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Contractor's business; or c) Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of Notice to Proceed, the Contractor shall have 100 (one ( hundred) calendar days to complete the entire project as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $1000.00 (one thousand dollars) per calendar day. Such payment shall be construed to be liquidated damages by the contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. WWTP Filters Building - Construction page 3 of 13 Project 10160A In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, W WTP Filters Building - Construction page 4 of 13 Project 10160A or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and i business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. W WTP Filters Building - Construction page 5 of 13 Project 10160A 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 j 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 The Ewing Company, Inc Attn: John Ewing 1500 Eldorado, Ste 4 Boise, ID 83704 208-377-1500 Bob.woodwardaewinaco moanv.com Idaho Public Works License #: C-12003 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 WWTP Filters Building - Construction page 6 of 13 Project 10 1 60A 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, reports, data and 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. 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. W WTP Filters Building - Construction page 7 of 13 Project 10160A 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. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. W WTP Filters Building - Construction page 8 of 13 Project 10160A CITY OF MERIDIAN BY: �� .o- �7,N� M Ap#- TA de WEERD, MAYOR Dated: 617 f ap t/ Approved by Council: \. )t wk2 -4, c3toO Attest: a.m JAYQEEfI %HOLMAN 90 I Y LEI '�P Approved as to Content BY: KEITH WAM, PUR ASING MANAGER Dated: S/2 d It I Approved as to Form CITY ATTORNEY THE EWING9OMPANY, INC ihn Ewing O/ Department Approval AMr--LuizovmAawe Dated: 1 W WTP Filters Building - Construction page 9 of 13 Project 10160A Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -11-10160A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -11-10160A, are by this reference made a part hereof. W WTP Filters Building - Construction page 10 of 13 Project 10160A Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,069,086.64. Contract in furnishing all labor, materials, equipment, and incidentals as required for the WWTP FILTERS BUILDING, CONSTRUCTION per IFB PW -11-10160A Total Bid Schedule...................$1,069,086.64 CONTRACT TOTAL ....................... 1.069.086.64 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. ITEM DESCRIPTION QTY UNIT UNIT PRICE 1 General Requirements 1 LS $21,000.00 2 Mobilization / Demobilization 1 LS $18,585.00 3 Storm Water Pollution Prevention Control 1 LS $3,412.50 4 Dewatering 1 LS $525.00 5 Demo Existing Asphalt Paving 787 Sy $3.15 6 Demo Existing Concrete Paving & Sidewalks 10 Sy $10.50 7 Demo Existing Gravel / Drain Rock Areas 424 Sy $2.63 8 Demo Existing Utilities 82 LF $15.75 9 Disassemble, Relocate, and Reassemble Existing Filters No. 3 Canopy 1 LS $12,390.00 10 Asphalt Site Paving 629 Sy $27.30 11 Exterior Concrete Apron 72 Sy $96.76 12 Exterior Concrete Walkways & Stoops 243 SF $9.45 13 Exterior Bollards 15 EA $400.05 14 Concrete Valve Collars 5 EA $210.00 15 Incidental Exterior Gravel / Drain Rock Replacement 1 LS $3,675.00 16 Roof Downspout Infiltration Trench 13 LF $21.00 17 4" Non -Potable Water Pipe 66 LF $31.50 18 4" Non -Potable Water Valves 2 EA $262.50 19 Precast Concrete Hot Waterline Utility Trench 223 LF $190.05 20 2" Hot Water Supply / Return Pipe 474 LF $27.83 WWTP Filters Building - Construction page 11 of 13 Project 10160A 21 Foundation Drilled Pier 1 LS $22,474.20 22 Foundation Pier Cap 1 LS $ 7,741.65 23 Foundation Concrete Pedestal 1 LS $ 3,166.80 24 Foundation Grade Beam (Non -Openings) 1 LS $11,248.65 25 Foundation Grade Beam at Openings 1 LS $ 4,025.70 26 Foundation Concrete Combined Footing 1 LS $ 9,144.45 27 Foundation Concrete Curb 1 LS $ 1,497.30 28 Metal Building Framing 1 LS $98,882.70 29 Metall Building Walls, Roof, Openings 1 LS $161,094.15 30 Tubular Daylighting 35 EA $ 628.52 31 Mandoors 6 EA $1,752.45 32 Coiling Overhead Door, 18'x 12' 2 EA $9,240.00 33 Coiling Overhead Door, 18'x 10' 1 EA $8,347.50 34 Coiling Overhead Door, 9'x 10' 2 EA $5,512.50 35 Gutters & Downspouts 1 LS $2,100.00 36 HVAC Piping 1 LS $15,540.00 37 HVAC Unit Heaters 1 LS $26,394.90 38 HVAC Ceiling Fans 1 LS $ 8,286.60 39 HVAC Exhaust Fans 1 LS $ 9,282.00 40 HVAC Fan Coil Unit 1 LS $ 8,400.00 41 HVAC Intake Louvers & Motors 1 LS $ 9,749.25 42 Area Drain Vent Piping to Roof 1 LS $ 2,415.00 43 Electical Fitout 1 LS $58,283.40 44 Fire Alarm System 1 LS $12,024.60 45 Interior Concrete Slab 50 SY $ 96.76 46 Interior Concrete Walkway 42 SY $ 56.07 47 Interior Gravel Replacement 54 SY $ 18.90 48 Interior Bollards 8 EA $ 400.05 49 Filter No. 3 Media Trolley & Hoist System 1 LS $8,728.65 50 Filter No. 3 Traveling Bridge Pump Trolley & Hoist System 1 LS $2,735.25 51 Foundation Drilled Pier 1 LS $16,569.00 52 Foundation Pier Cap 1 LS $ 5,884.20 53 Foundation Concrete Pedestal 1 LS $ 2,028.60 54 Foundation Grade Beam (Non -Openings) i LS $ 8,239.35 55 Foundation Grade Beam at Openings 1 LS $ 1,897.35 56 Foundation Concrete Combined Footing 1 LS $ 2,383.50 57 Foundation Concrete Curb 1 LS $ 105.00 58 Metal Building Framing 1 LS $40,275.90 59 Metail Building Walls, Roof, Openings 1 LS $82,855.50 60 Tubular Daylighting 18 EA $ 628.52 61 Mandoors 5 EA $1,780.80 62 Coiling Overhead Door, 14'x 10' 2 EA $7,035.00 63 Gutters & Downspouts 1 LS $3,360.00 W WTP Filters Building - Construction page 12 of 13 Project 10160A 64 HVAC Piping 1 LS $8,536.50 65 HVAC Unit Heaters 1 LS $10,500.00 66 HVAC Ceiling Fans 1 LS $ 4,143.30 67 HVAC Exhaust Fans 1 LS $ 5,691.00 68 HVAC Fan Coil Unit 1 LS $6,300.00 69 HVAC Intake Louvers & Motors 1 LS $6,149.85 70 Area Drain Vent Piping to Roof 1 LS $ 1,593.90 71 Electical Rout 1 LS $ 39,611.25 72 Fire Alarm System 1 LS $4,617.90 73 Interior Concrete Slab 59 SY $ 96.76 74 Interior Concrete Walkway 7 SY $ 56.07 75 Interior Bollards 4 EA $400.05 76 Demo Existing Wall 1 LS $2,572.50 77 Demo Existing Slab 1 LS $1,890.00 78 Mandoor 1 EA $ 1,780.80 79 Sump Concrete Slab & Walls 1 LS $1,785.00 80 Galvanized Metal Grating & Support at Sump 1 LS $672.00 81 HVAC Piping 1 LS $11,235.00 B2 HVAC Heat Exchanger 1 EA $5,490.45 83 HVAC Pumps 4 EA $1,417.50 84 HVAC Expansion Tank & Glycol Feeder 1 LS $ 3,780.00 85 Electrical Fitout 1 LS $16,405.20 86 Fire Alarm System 1 LS $ 3,566.85 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WWTP Filters Building - Construction Project 10160A page 13 of 13 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Agreement Addina Task Order No. 2 to Master Agreement for Professional Services with Access Idaho to Enable Electronic Payment Transactions for Application and Service Fees Collected Through Accela MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EXHIBIT B TO MASTER AGREEMENT FOR PROFESSIONAL. SERVICES TASK ORDER 42 FOR ELECTRONIC TRANSACTIONS AND ACCESS FOR TRANSACTION PAYMENT ENGINE (TPE) PAYMENTS TO CITY OF MERIDIAN—ALL DEPARTMENTS This TASK ORDER #2 is made and entered into this 7th day of June, 2011, by and between the City of Meridian (hereinafter "City"), a municipal corporation organized under the laws of the State of Idaho, and Idaho Information Consortium, LLC, d.b.a. Access Idaho (hereinafter "Portal Manager"), a limited liability company organized under the laws of the State of Idaho. WHEREAS, on February 2, 2010, Portal Manager and City entered into a Master Agreement for Professional Services ("Master Agreement"), which, inter aiia, established the terms, conditions, and scope of services to be provided by Portal Manager; and WHEREAS, the purpose of this task order is to implement services provided by Portal Manager under the terms and conditions of the Master Agreement in the context of providing a transaction payment engine for members of the public using Accela to pay application fees related to City permits, licenses, and services; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. Task: Accela integration, Portal Manager shall integrate its national NIC Transaction Payment Engine ("TPE") product with City's Accela service in accordance with the terms and conditions set forth herein, as well as those set forth in the Master Agreement. 2. Access by Portal Manager. City authorizes Portal Manager to electronically access information contained in the City computer database maintained by the City or its agents for the limited purpose of creating an electronic transaction service, in accordance with this Agreement. Description of Service is as follows: Access by Portal Manager will be on an inquiry -only, as needed basis for the purposes of processing funds received through City's Accela service through the Portal Manager's Transaction Payment Engine ("TPE"). City authorizes Portal Manager to be City's exclusive agent for electronic payments by private users of Accela. Any changes or amendments to the terms of this Task Order #2 must be documented and agreed to in writing by the parties hereto. 3. Record Supply Costs and Computer Programs.Portal Manager shall be responsible for costs and expenses in establishing electronic access to City records and providing records of transactions to private users, including, without limitation, the costs of purchasing or developing and maintaining all programs used to access the records. Computer programs used by Portal Manager shall: CITY OF MERIDIAN/ACCESS IDAI.10 EXHIBIT B TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES PAGE 1 OF 3 a. Protect all information and records from unauthorized access; \ b. Supply records to City on a timely basis in an accurate, understandable and logical format that is acceptable to City; and c. Be tested by Portal Manager and prototyped for City review and approval before it is offered to the public. 4. Use messages. Portal Manager shall cause the Portal to require users to agree that they will comply with any restriction on use of the records required by law. Such user agreement will be in the form of a use message displayed online, with a required positive response, all as captured in a log file, prior to the user being permitted to further search or view the record. 5. Fees and Collection. a. Fees. Fees for City services, licensing, and permitting shall be set by City. Portal Manager shall assess and collect a Portal Administration Fee in the amount of three percent (3%) of each transaction subtotal plus one dollar ($1.00) for each credit or debit card transaction in which TPE is used, or two dollars and fifty cents ($2.50) for each electronic check ("e -check") transaction in which TPE is used. Portal Administration Fee and shall be non-refundable and due at the time the transaction is performed. b. Collection. City will not receive a bill from Portal Manager, neither for services provided by Portal Manager, nor any other fees. Portal Manager shall be solely responsible for the assessment and collection of payments from users, except that City agrees that because, unlike credit or debit card payments, a -check payments are not guaranteed funds. City shall be solely responsible for collecting payments where payments are unsuccessful due to, but not limited to, non -sufficient funds in a user's account, incorrect account and/or routing number entry by user, closed bank accounts, and stopped payments. c. lament from Portal to City. Payments of City fees collected by Portal Manager shall be made via ACH transaction directly to a numbered account or accounts furnished to Portal Manager by City, If funds are withdrawn from the Portal account due to a failed a -check payment, Portal Manager shall request reimbursement from City. d. Payment Due Date. The Portal Manager shall remit payments to the appropriate City account within 24 hours of when funds are received by the Portal Manager. 6. Records and Finances. All Portal documents and records maintained by the Portal Manager relating to City records shall be available for inspection; auditing and copying by the City or other authorized representatives. 7. Credit card security. Portal Manager shall comply with any and all applicable payment card industry standards, including, but not limited to, encryption of data upon transmission to TPE from Accela or other City gateway. 8. Reports. Portal Manager shall grant to City access to online transaction and deposit reports at no cost. 9. Support and communication. The contact personnel shall be designated as follows: CITY OF MERIDIAN/ACCESS IDAHO EXHIBIT B To MASTER AOREEMENT FOR PROFESSIONAL SERVICES PAGE, 2 of 3 Portal Manager contact: Rich Steckler, Director of Marketing Access Idaho 999 W. Main St., Ste. 910 { Boise, ID 83702 Phone: 208-332-0102 x112 Fax: 208-332-0106 E-mail: rich@accessidaho.org City contact: Rob Sosnowski, Project Manager City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Phone: 208-489-0505 Fax: 208-489-0494 E-mail: rsosnowski@meridiancity.org 10. Delivery of Services. Portal Manager shall provide services described in this Agreement in a timely manner, as described herein. The parties acknowledge and agree that time is strictly of the essence with respect to this task order, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this task order. IN WITNESS WHEREOF, the parties have executed this Task Order #2 on the 7th day of June, 2011. CITY OF MERIDIAN: P � L By: MaroRATTEST:�� .6; zE Tammy de Weerd, Mayor Ja ee 1 /�Jerk' IDAHO INFORMA ION CONSORTI dba ACCESS IDAHO: ` Jr1;T,+ By: ff . Walker, President CITY OF MERIDIAN/ACCESS IDAHO EXHIBIT B TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES PAGE 3 OF 3 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: RZ 09-006 ITEM TITLE: Development Agreement Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres From the R-8 Zoning District to the C -C Zoning District MEETING NOTES f\V?y-0'r4 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C li &[X� "l I Lot 6iby& CreefL ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 45 BOISE IDAHO 08108/11 11:40 AM RECORDED nREQUESTOF Meridian City 111046512 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Cabra Creek, LLC, Owner/Developer TTIHIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this= day of 3yn2 2%O oy and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Cabra Creek, LLC, whose address is 2228 W. Piazza Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a rezone of 9.33 acres of land from the R-8 (Medium Density Residential) zoning district to the C -C (Community Business) zoning district, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— SGUTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 8`h day of June, 2010, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT - SOUTHRIDGE WEST COMMERCIAL(RZ 09-006) PAGE 2 OF 11 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Cabra Creek, LLC, whose address is 2228 West Piazza Street, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be rezone of 9.33 acres of land from the R-8 (Medium Density Residential) zoning district to the C -C (Community Business) zoning district, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. A 10 -foot wide multi -use pathway is required to be constructed along the west boundary of the site adjacent to Ten Mile Road in accord with the City's Master Pathways Plan and the standards listed in UDC 11-3A-8. The pathway shall be constructed in cooperation with ACHD and shall be located a minimum of eight (8) feet from the back of curb of the street improvements for Ten Mile Road. b. Comply with the structure and site design standards, as set forth in UDC 11- 3A-19 and the guidelines set forth in the City of Meridian Design Manual. c. Comply with all bulk, use, and development standards of the C -C district listed in UDC Chapter 2 District regulations. DEVELOPMENT AGREEMENT— SOUTHRIDGE WEST CommERCIAL (RZ 09-006) PAGE 3 OF 11 d. Development of this site shall be consistent with the conceptual development plan included as Exhibit A.3 and the provisions listed herein. e. Prior to issuance of any building permit, the subject property shall either be subdivided (if a public street access via Overland Road is proposed), or a property boundary adjustment shall be approved to adjust the northeast property line consistent with the boundary shown on the concept plan, in accord with the UDC. f. Protect any existing trees on the subject property that are greater than four - inch caliper and/or mitigate for the loss of such trees as set forth in UDC 1I - 3B -10. g. Drive-through establishments on this site require conditional use permit approval. h. Council approves one right-in/right-out access to Ten Mile Road subject to approval by ACHD and incorporating the following safety considerations: a deceleration lane; construction of medians to prevent left-hand turn exits; and any other safety items that ACHD would see fit, subject to ACHD's engineering and traffic engineer approval. i. Only one access via Overland Road for the site is approved as shown on the attached conceptual development plan; all other access points to Overland Road are prohibited. j. Any future building lots shall not be encumbered by the existing Northwest Pipeline easement that lies at the north boundary of this site. k. An encroachment permit is required for any development/improvements within the Williams Pipeline easement. All development shall comply with the Williams Gas Pipeline development guidelines, as applicable. 1. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51 in. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208) 334-2190. n. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208) 375-5211. DEVELOPMENT AGREEMENT- SOUTRRIDCE WEST CommERCIAL (RZ 09-006) PAGE 4 OF 11 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. Inthe event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes DEVELOPMENT AGREEMENT - SovTHRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 5 OF 11 that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. g, INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT - SODTnRIDGE WEST COMMERCIAL (RZ 09-006) PAGE 6 OF 11 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (3 0) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14, CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions DEVELOPMENT AGREEMENT- SOUTHRIDGE WEST COMMERCIAL(RZ 09-006) PAGE 7 OF 11 contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16, NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Cabra Creek, LLC 2228 W. Piazza Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way DEVELOPMENT AGREEMENT - SOUTME)GE WEST com mEaciAL(RZ 09-006) PAGE 8 OF 11 prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT- SOUTHRIDGE WEST COMM ERC1AL(RZ 09-006) PAGE 9 OF 11 STATE OF IDAHO, ) County ofAgAa ) ): ss On this �� da of /9 a )D it �— Y ,-;?9ifl, before me, a Notary Public in and for said State, personally appeared /y/; k p jJ�p �'eC/` on behalf of Cabra Creek, LLC, known or identified to me to be the person who executed this agreement and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -.. (SEAL) NOTARY •. • UB0 STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: SCOTT DA ING My Commission Expinl.,, Ce,,, �, ID COMMISSION EXPIRES: 11-28.13 � \\ ')o U pt" On this day of V V nP 2 TT0; before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • -PA Jo!U••. �r'3 pTA�� p (SEAL) .'�, $ • . . ary Public f6J Ida 1 Residing at: -,L�Py, I (o Commission expires: n d—Gy 1 DEVELOPMENT AGREEMENT - SOUTHRIDGE WEST COMMERCIAL(RZ 09-006) PAGE 11 OF 11 Exhibit A February 11, 2010 vj� Pagelof2 `� ME IAND GROUP, INC. February 11, 2010 Project No. 109146 Legal Description Rezone Cabra Creek, LLC 9 33 Acres A tract of land situated in, the West One Half of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the West One Quarter of said Section 23' on the cbnterline of South Ten Mile Road, from which a brass cap monumenting the Northwest Corner of said Section 23 bears North 00"56'19" East a distance of 2,629.48 feet; Thence following the westerly line of said Section 23 and the centerllne of said South Ten Mlle Road, North 00°56'19" East a distance of 717:25 feet to the POINT' OF BEGINNING; Thence following said westerly line and said centerllne, North 00°56'19" East a distance of 875. 01 feet to a point; Thence leaving said said westerly line and said centerline, South 68°49'35" East a distance of 103.82 feet to a point; Thence South 53048'35" East a distance of 47.26 feet to a point; Thence South 31033'47" East a distance of 219.26 feet to a point; Thence South 47°39'35" East a distance of 816.93 feet to a point on the centerline of West Overland Road; Thence following said centerline, 411,56 feet along the arc of a circular curve to the right, said curve having a radius of 1,000,00 feet, a central angle of 23°34'51", a chord bearing of South 78"56'26" West and a chord distance of 408.67 feet to a point; Thence following said centerline, North 89'16'08" West a distance of 466.86 feet to the POINT OF BEGINNING 1 L 0hi mpeAlWeri n • site Planflbg •Civil $ugnerq g •Golf Cs"ris lrri�viion e4'2e�rnnnxr Gmpbir Csmmuniroliwr 261 Canyon Crest Drive, Twin [nils, ldaho 83301 P208-733-4041,1`208-733-0045 • ing d I ad sI in[ cn n G:\2009\109146\Admin\itgas\Cabra Creek\1-100211 Rezone 109146doc ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CABRA CREEK, LLC By: CITY OF MERIDIAN By �dk 5/ �� ✓� IA rr lnMi / +AYo R Mayor my de Weerd �y OF A 4Ehsjof ,, ATTEST: voRrF�' o , 8 UL $s Jaycee LOHolman, City Clerk = -y Gbu�n 'lo . DEVELOPMENT AGREEMENT— SOUTHRIDGE WEST CGMWRCIAL(RZ 09-006) PAGE 10 OF 11 February 11, 2010 A�� Page 2 of 2 `� IHR LAND GROUP, INC. The above-described tract of land contains 9.33 acres, more or less, subject to any existing easements or rights-of-way. Prepared 8y: THE LAND GROUP, INC, 462 E. SHORE DRIVE EAGLE, IDAHO 83616 208.939-4041 208-939.4045 (FAX) 2•tl• I� Ar Lnndcn0rAm6ihr7ure • U&P7xnxirg a Civ77Exg7nunig • Gu/fCnnnr /rrgxtiax it Exaixerwxg rGryfbir Cxruwunimdax 261 Canyon Crest Dr1ve, Pwln PaOs, Idaho 83301 P208 -733-4041, P20&7334045• uRwv theFmJ i t GA2009\109146\Admin\Legate\Cabra Creek\1.100211 Reeone 109146 doc ? 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER aWEN DI %-, IDAHO In the Matter of Annexation & Zoning of 5.63 Acres of Land from the RUT district in Ada County to the M -E District; Rezone of 9.33 Acres of Land from the R-8 District to the C -C District; and Comprehensive Plan Future Land Use Map Amendment to Change the Land Use Designation on 60.74 Acres of Land from Medium High Density Residential, Medium Density Residential, Green Space & Park Land, and Mixed Use Commercial to Mixed Employment, by Cabra Creek, LLC. Case No(s). AZ -09-010; RZ-09-006; CPA -09-010 For the City Council Hearing Date of- April 27, and May 25, 2010 (Findings on the June 8, 2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 27, 2010, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -09-010; RZ-09-006; CPA -09-010 -I- The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the, Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the legal descriptions and development agreement provisions in the attached Staff Report for the hearing date of April 27, 2010, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I1 -5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's annexation and zoning request to M -E as evidenced by having submitted the legal description and exhibit map, stamped by Aaron L. Ballard and dated February 11, 2010, is hereby conditionally approved; 2. The applicant's rezone request to C -C as evidenced by having submitted the legal description and exhibit map, stamped by Aaron L. Ballard and dated February 11, 2010, is hereby conditionally approved; 3. A Development Agreement (DA) is required with the subject rezone approval. The provisions of the DA are as shown in Exhibit B of the attached Staff Report for the hearing date of April 27, 2010, incorporated by reference; and, 4. The applicant's request for an amendment to the comprehensive plan future land use map to change the land use designation on 60.74 acres of land to Mixed Employment is approved. D. Attached: Staff Report for the hearing date of April 27, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -09-010; RZ-09-006; CPA -09-010 -2- By action of the City Council at its regular meeting held on the t day of ti , 2010. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED— —a VOTED VOTED VOTED Mayor Zwmy de Weerd Attest: Of �TFO aycee 116knan, City Cle SM`- Copy served upon ApplicanCq,I'II g 1a}tine Attorney. H Public Works Department and City B' Dated: G l q /f O ' CI ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -09-010; RZ-09-006; CPA -09-010 -3- STAFF REPORT Hearing Date: April 27, 2010 CVEN?IANA-=-, TO: Mayor & City CouncilD A H O FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CPA -09-010; AZ -09-010; RZ-09-006 — South Ridge West Commercial I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cabra Creek, LLC, has applied for an amendment to the Comprehensive Plan Future Land Use Map (CPA) to change the land use designation on 60.74 acres of land from Medium High Density Residential, Medium Density Residential, Green Space & Park Land, and Mixed Use Commercial to Mixed Employment. The applicant also requests Annexation and Zoning (AZ) approval of 5.63 acres of land from the RUT district in Ada County to the M -E (Mixed Employment) district in the City. Lastly, a Rezone (RZ) is requested of 9.33 acres of land from the R-8 (Medium Density Residential) zoning district to the C -C (Community Business) zoning district. See Section 10 of the staff report for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPA, AZ, & RZ applications with the conditions and Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of law in Exhibit D of the Staff Report. RZ reauest. a. Summary of Commission Public Hearin: 1. In favor: Van EIC ii. In opposition: None iii. Commenting: Janet Puna: Scott Nichols: Scott Gruba: Liz Turco iv. Written testimony: None v. Staff presentine anplication: Sonya Watters vi. Other staff commenting on application: Pete Friedman b. Key Issues) of Discussion by Commission: L Development of property adjacent to the Northwest oioeline and any aoolicable restrictions-, ii. Direct access to Ten Mile Road for the orooerty proposed to be rezoned: iii. Whether or not drive-thru establishments are consistent with uses desired in Mi Employment designated areas and if so. should CUP approval be required. c. Key Commission Changes) to Staff Recommendation: i. The Commission voted to recommend removal of the Development Agreement the developer an opportunity to demonstrate how it could work for further consideration (see DA provision #h). SouthRidge CPA AZ RZ PAGE t d. Outstandine Issues) for City Council: L Council should determine if direct access to Ten Mile Road, an arterial street, should be L b. e. Mile as proposed by the applicant DA provision #h should be modified accordipely Summary of City Councoi Pnhiffic Han : L In favor: Van EIQ:.h.Rtin RlackxMck ii. In opposition: None Cpmmentin¢: None iy Written testimony: None UL PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPA -09- 010, AZ -09-010, & RZ-09-006, as presented in the staff report for the hearing date of April 27, 2010 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPA -09- 010, AZ -09-010, & RZ-09-006, as presented during the hearing on April 27, 2010 for the SouthRidge CPA AZ RZ PAGE 2 following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers CPA -09-010, AZ -09-010, & RZ-09-006, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northeast comer of S. Ten Mile Road and W. Overland Road, in the northwest 1/4 of Section 23, Township 3 North, Range 1 West. B. Owner(s): Cabra Creek, LLC 2228 W. Piazza Street Meridian, ID 83646 C. Applicant: Same as owner D. Representative: Van Elg, The Land Group, Inc. 462 E. Shore, Ste. 100 Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the comprehensive plan future land use map, annexation & zoning, and a rezone. A public hearing is required before the Planning & Zoning Commission and City Council on these matters, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 15, and March 1, 2010 (Commission); April 5, and 19, 2010 (City Council) C. Radius notices mailed to properties within 300 feet on: February 11, 2010 (Commission); April 2, 2010 (City Council) D. Applicant posted notice on site by: March 8, 2010 (Commission); April 16, 2010 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property has not yet been developed and is currently vacant. The property is currently zoned L -O, TN -R, and R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant undeveloped land, zoned M -E; and Waal residential property, zoned RUT in Ada County 2. East: Vacant undeveloped property, zoned TN -R, and R-8 3. South: Vacant undeveloped property, zoned R4 and R-8 SouthRidge CPA AZ RZ PAGE 3 4. West: Rural residential properties, zoned RI and RUT in Ada County C. History of Previous Actions: • The majority of the subject property was annexed (AZ -06-031) in 2007 as part of the larger Southridge development. A preliminary plat (PP -06-031) that included the majority of the subject property was approved concurrent with the annexation. • A property boundary adjustment (PBA -08-014) was approved in 2008 that identified 10 original parcels of record that were of record in the Ada County recorder's office prior to April 2, 1984. The boundaries of these parcels were adjusted so that the parcels that were consistent with the master concept plan and development agreement could move forward without platting. • A request for a development agreement modification (MDA -08-004) was approved by Council in 2008; however, the DA has not yet been signed by the owner or approved by Council • A final plat (FP -08-017) for the first phase of development was approved in 2008 but has not yet been recorded. • An 18 month time extension (TE -09-009) was approved on February 23, 2009 to obtain the City Engineer's signature on the final plat, to expire on August 6, 2010. • The 6.16 acre portion of the subject property previously owned by the Hodges' was annexed (AZ-09-009)in 2009. D. Utilities: 1. Public Works: a. Location of sewer: Temporary dry lines are to be installed with no building permits until sanitary restrictions are lifted. b. Location of water: W Overland Road. c. Issues or concerns: Timing of the installation for the required booster station and connection to sewer. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Floodplain: This site is not within the floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site (60.74 acres) lies within the area encompassed by the Ten Mile Interchange Specific Area Plan (TMISAP) and is currently designated for Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space & Park Land (PARK), and Mixed Use Commercial (MUC) land uses on the Future Land Use Map. The applicant is proposing to change the land use designation of the entire site to Mixed Employment (ME). However, no development is proposed with this application. Per the TMISAP (page 3-11), "The purpose of ME areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, tight industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. SouthRidge CPA AZ RZ PAGE 4 However, a small amount of retail and service establishments, primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises. ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. This would include multiple access points to help disperse traffic, and a complete system of streets, sidewalks, and pedestrian and bicycle paths to provide circulation within the area and connections to the surrounding roadway, pedestrian and trail systems. ME areas should be designed as lower density suburban -style developments. Design and development standards are recommended that would help to make developments more attractive, engaging, and accessible places. While there are no fixed limits on size of establishment or development intensity in ME areas, it is anticipated that buildings will range in height from 1-4 stories, have total floor areas of 10,000-1,000,000 square feet, and that FAR will exceed .75." Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be annexed and rezoned in the following manner; ➢ Sanitary sewer and water service will be extended to the site at the developer's expense. ➢ The subject lands either currently lie within the jurisdiction of the Meridian Fire Department or will lie within the Meridian Fire Department's jurisdiction upon annexation. The subject lands either currently lie within the jurisdiction of the Meridian Police Department or will lie within the Meridian Police Department's jurisdiction upon annexation. ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal III, Objective D, Action 5 —Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping will be required to be installed upon development of theproperty in accord with the standards listed in UDC 11-3B. SouthRidge CPA AZ RZ PAGE 5 • Chapter VII, Goal IV, Objective D, Action 2 —Restrict curb cuts and access points on collectors and arterial streets. Direct access to this propertyfrom Ten Mile Road is prohibited and access to Overland Road is restricted per the provisions of the existing development agreement (DA). Staff is recommending as a provision of the subject DA for the rezone that direct access to Ten Mile is prohibited and access to Overland be restricted to one driveway as shown on the conceptual development plan. • Chapter V11, Goal I, Objective E —Establish industrial areas to meet the employment needs of the City of Meridian. The applicant is requesting an amendment to the future land use map designation of the subject property to Mixed Employment (ME). As stated above, ME areas encourage a diversity of compatible land uses including light industrial uses. Adding more industrial property should contribute to employment opportunities available within the City. • Chapter V, Goal III, Objective B, Action 8 — Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. A section of Ten Mile Road adjacent to the northern portion of this site is designated as an entryway corridor. As such, a 35 foot wide landscape buffer is required upon development of the site. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction on the subject site will require approval of a Certificates of Zoning Compliance and Design Review prior to construction. Staff will ensure that future development on this site complies with any and all applicable design and landscaping standards, as provided for through the Unified Development Code and Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available or can be available at the time of development of the subject site. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As SouthRidge CPA AZ RZ PAGE 6 the site is currently proposed for mixed employment type uses, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming -based economy to a retail, service, and manufacturing -based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. As a specific measure to promote economic development, the City developed the ME land use designation, which encourages a variety of compatible employment opportunities. e. Public Services, Facilities, and Utilities City water and sewer service will be available to the subject property at the time of development.. Public services such as police and fire protection are currently provided to the portion of the subject property already in the City. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The applicant is proposing a commercial development on the site. Therefore, the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The TMISAP also contains a transportation element that identifies a preferred arterial/collector network throughout the planning area. That element depicts the realignment of Overland Road further to the south (at the south boundary of the subject property) as an arterial street. This realignment has been completed and is currently in service. Staff is of the opinion that the proposed plan amendment is consistent with the plan. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that the proposed commercial and industrial use of this property will degrade any sensitive environmental features in this area. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the parcel contain any known significant natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplain, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 17 developed City parks totaling approximately 191.58 acres. Two new park facilities totaling approximately 67.5 acres are currently in the design process. The City also maintains several pathways. A segment of the City's multi -use pathway system is designated on the City's Master Pathways Plan along the west boundary of the site adjacent to Ten Mile Road. 1. Land Use SouthRidge CPA AZ RZ PAGE 7 The policies of this element are presented in the text of the Comprehensive Plan. The TMSAP is an element of the Comprehensive Plan and the Future Land Use Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify.suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for development decisions including requests for land use changes. Staff believes the commercial and industrial use and zoning of this site, along with its location adjacent to two arterial streets, makes this property appropriate for commercial and industrial uses, thus justifying the request for the land use changes. M. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not violate private property rights. A neighborhood meeting was held on November 25, 2009, and again on February 25, 2010, of which a total of three neighbors attended. In summary, staff finds that the proposed zoning change to M -E and C -C is consistent with proposed ME land use designation and generally conforms to the stated purpose, intent, and standards of the ME land use category within the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-211-2 lists the permitted, accessory, and conditional uses in the C -C and M -E zoning districts. No specific uses are proposed with this application. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -C and M -E districts apply to development of this site. D. Landscaping Standards (UDC 11-313): Landscaping is not required with this application. 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA SouthRidge CPA AZ RZ PAGE 8 4. Tree Preservation: NA E. Parking: Parking is not required with this application. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Comprehensive Plan Amendment Application: The applicant requests an amendment to the Comprehensive Plan future land use map to change the land use designation on 60.74 acres of land from Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space & Park Land (PARK), and Mixed Use Commercial (MUC) to Mixed Employment (ME). Please see Section VII above for the Comprehensive Plan policies, goals, and analysis related to this application. Because there is ME designated property to the north of the subject property, and because the topography of the land in this area has changed so that there is no longer a separation elevation -wise between these properties, staff feels expanding the boundary of the ME designation further to the south in this area is a logical request. Additionally, Overland Road abuts the site along the east boundary, and Ten Mile Road abuts the site along the west boundary, which will provide a buffer to existing and future adjacent residential uses. Staff supports the removal of the Park designation as the reason it was designated as such was not because the City believed it would make a good park site, but because of the significant grade of the property resulting in an unbuildable area. Additionally, a portion of the City's multi -use pathway system was originally planned to run along the Ridenbaugh Canal on this site but was re-routed to the south side of Overland so that the pathway could cross Ten Mile Road at a signalized intersection. The MHDR and MDR areas were also designated as such because of the lower grade of the land in this area from the ME designated property to the north. Previously, there was more of elevation separation between the ME area and the residential area. The area as a whole has since been regraded and seems more suitable for non-residential/non-park land uses and the extension of ME uses. Staff is of the opinion that the portion of the site southwest of the pipeline currently designated as MUC on the future land use map is not feasible to develop as such because of the mix of uses desired in MUC areas. The close proximity of the Williams Pipeline to an area planned for residential uses is a strong influence for the proposed change to ME, which would not require a residential component. Without a residential component, there is not an adequate mix of uses for an MUC designated area. For the reasons stated above, Staff is supportive of the requested map amendment to ME and believes the diversity in the types of businesses encouraged within ME areas will increase the amount of employment opportunities available within the City. Note: The Northwest Gas Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. An approximate 1,100 foot long section of the pipeline bisects this site near the southwest corner. All development shall comply with the Northwest Gas Pipeline Development Guidelines. An encroachment permit is required for any development/improvements within the pipeline easement. 2. Annexation Application: SouthRidge CPA AZ RZ PAGE 9 The applicant proposes to annex 5.63 acres of land with an M-E zoning designation, consistent with the concurrent proposed amendment to the future land use map to change the land use designation to ME for this site and the adjacent area to the east and south. The applicant has not submitted a conceptual development plan for this property. Due to the size & configuration of the property, staff does not anticipate the piece will develop by itself; therefore, staff is not requiring a development plan to be submitted at this time. Staff anticipates that when the larger surrounding area is rezoned consistent with the proposed change to the future land use map, a development plan will be submitted to include the subject annexation area. Staff anticipates this area will be included in a future DA when the adjacent area proposed solely for the map amendment (north of the pipeline) is proposed to be rezoned. Staff is supportive of the annexation request with an M-E zoning district as it is consistent with the proposed land use change to the future land use map of ME. 3. Rezone Application: The applicant proposes to rezone 9.33 acres of land from the R-8 district to the C-C district, consistent with the concurrent proposed amendment to the future land use map to change the land use designation to ME for this site and the adjacent area to the north and east. The applicant has submitted a conceptual development plan (included as Exhibit A.3) showing how this site may develop in the future with a convenience store/gas station, retail, and two quick service restaurants. A 75-foot wide easement for the Northwest Pipeline is also shown on the plan; common area with a pathway is planned for this area. Drive-thm service windows are proposed for the c-store and both restaurants. Per the TMISAP, convenience retail is permitted in the C-C zoning district under the ME land use designation. Small amounts of retail and service establishments, primarily serving employees and users of the ME areas or nearby industrial areas are allowed. Staff believes the proposed uses on the site will primarily serve employees and users of the ME area and are compatible with the ME designation. However, staff does not believe the proposed drive-thru's are consistent with the objectives of ME designated areas as they will primarily serve the motoring public, rather than employees and users of the immediate area within walking distance as desired in ME designated areas. Therefore, staff is including a DA provision that prohibits drive-thru's on the site. The concept plan depicts a right-in/right-out access on the west boundary of the site via Ten Mile Road. The current DA prohibits access to Ten Mile Road. ACHD is not supportive of the proposed access to Ten Mile Road. Therefore, Staff recommends the new DA also prohibit access to Ten Mile Road. The subject site currently is included in the Development Agreement for the larger Southridge development. Subsequent to annexation, this property has been sold and is under new ownership. For this reason, staff is recommending the current owner enter into a new DA with the City separating it from the Southridge Development Agreement. Upon rezone of the remainder of the property included in the CPA request, the remaining area should also be included in the subject DA. To ensure the property is developed in a manor consistent with the comprehensive plan and does not negatively impact nearby adjacent properties, staff is recommending the applicant enter into a Development Agreement (DA) with the City that requires a written commitment for all future uses, in accord with UDC 11-5B-3D2 and Idaho Code § 65- 6711A. If the Commission or Council feel that additional provisions are necessary, staff SouthRidge CPA AZ RZ PAGE 10 recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Comprehensive Plan Future Land Use Map — Adopted & Proposed Land Use Designations 3. Conceptual Development Plan for Property Proposed to be Zoned C -C B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department C. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code SouthRidge CPA AZ RZ PAGE 11 Exhibit A.1 — Vicinity/Zoning Map Exhibit A.2 - Comprehensive Plan Future Land Use Map — Adopted & Proposed Land Use Designations Exhibit A.3 - Conceptual Development Plan for Property Proposed to be Zoned C -C A�laaaa � \`\ ACND DRAINAGE BASIN � � p \\ A $ �.� RETAIL 1 it ir ---- - \� OUICK SERVICE 1L4-1 �1 RESTAURANT CONVENIENCE STORE CAS STATION I � � �X GGricept Site Plan ® � " nv .. m...s . Qal61NQIlOx EX100 1. PLANNING DEPARTMENT 1.1 The annexation and rezone legal descriptions prepared by Aaron L. Ballard, PLS, dated 2/11/10 and submitted with the application (included in Exhibit C), are accurate and meet the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. A 10 -foot wide multi -use pathway is required to be constructed along the west boundary of the site adjacent to Ten Mile Road in accord with the City's Master Pathways Plan and the standards listed in UDC 11-3A-8. The pathway shall extend from the Overland/Ten b. Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. c. Comply with all bulk, use, and development standards of the C -C district listed in UDC Chapter 2 District regulations. d. Development of this site shall be consistent with the conceptual development plan included as Exhibit A.3 and the provisions listed herein. e. Prior to issuance of any building permit, the subject property shall either be subdivided (if a public street access via Overland Road is proposed), or a property boundary adjustment shall be approved to adjust the northeast property line consistent with the boundary shown on the concept plan, in accord with the UDC. f. Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. g. Ne4L)rive-through establishments are allewed on this site require conditional use permit in/figM out aseess shown on the eeneept plan to this site is neg appFeved. If an effieFg a6eass Ekiveway visTen A4410 Reed -'s Faquired by the Fife DepaFiffient (ef this goo, a gaie e i. Only one access via Overland Road for the site is approved as shown on the attached conceptual development plan; all other access points to Overland Road are prohibited. j. Any future building lots shall not be encumbered by the existing Northwest Pipeline easement that lies at the north boundary of this site. k. An encroachment permit is required for any development/improvements within the Williams Pipeline easement. All development shall comply with the Williams Gas Pipeline development guidelines, as applicable. 1. Tnstall all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11 -3B -5J. n. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9A-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. o. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2. PUBLIC WORKS DEPARTMENT 2.1 Future sanitary sewer service to this development is being proposed to be constructed as a temporary dry line that will connect to the existing main located approximately 1200 feet east of the applicant's east property line. Plans for this construction have been received by Meridian Public Works and are now being review. However this property is currently not serviceable and the City of Meridian does not guarantee service in the timelines established in the UDC. 2.2 No sewer manholes or water valves shall be allowed in landscape islands. If mains are routed under the islands then no trees or other fixed vertical objects shall be allowed. 2.3 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.4 The applicant shall install sewer mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.5 Water service to this site is being proposed via extension of mains in Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 Due to the fact that there is no existing feed for the new high pressure zone being created by this development, the applicant will be responsible to install a booster station, and donate a well site on the south side of the Ridenbaugh Canal; location has been coordinated with the Public Works Department. 2.7 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to applying for building permits. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LJDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to applying for building permits.. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to applying for building permits. 2.15 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All street lights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 3. FIRE DEPARTMENT The Fire Department has no comments at this time. 4. POLICE DEPARTMENT The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 5 -foot wide concrete sidewalk located a minimum of 48 -feet from the centerline of Overland Road abutting the site. Coordinate the exact location of the sidewalk with Development Review Staff. 7.1.2 Construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of Ten Mile Road abutting the site. Coordinate the exact location of the sidewalk with Development Review staff. 7.1.3 Construct one roadway (public or private) to intersect Overland Road located approximately 370 - feet east of the intersection of Ten Mile Road and Overland Road, as proposed. 7.1.4 If the proposed roadway is public then: • Construct the public roadway as a 40 -foot wide commercial roadway with vertical curb, gutter, and 5 -foot wide attached concrete sidewalk within a minimum of 54 -feet of right- of-way and construct a temporary turnaround at the terminus of the street to provide a minimum turning radius of 45 -feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.5 If the proposed roadway is private then: Construct one private street 20 to 24 -feet wide with 15 -foot curb return radii where it intersects Overland Road. The private street shall be paved its full width at least 30 -feet in from the public street. 7.1.6 Enter into a license agreement for any landscaping proposed within ACRD right-of-way abutting the site. 7.1.7 Ten Mile Road and Overland Road are classified as principal arterial roadways. Other than the one access specifically approved with this development application on Overland Road, direct lot access shall be prohibited to these roadways. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C — Annexation & Rezone Legal Descriptions & Exhibit Maps 09146 45 Iezon I Wb escrIptIon Cabra Creek, LLC 5.63 Acres IHa LAND GROUP, INC. EXHIBIT "A" February 11, 2010 Page 1 of 2 A tract of land for annexation purposes situated in the Northwest One Quarter of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: BEGINNING at a brass cap monumenting the Northwest Comer of said Section 23, from which a 5/&inch steel pin ftnumenting the West one -sixteenth Comer common to said Section 23 and Section 14, Township 3 North, Range 1 West, Boise Meridian, bears South 89'15'27" East a distance of 1,326-21 feet; Thence following the northerly line of said Section 23, South 89015'27" East a distance of 301.75 feet to a point; Thence leaving the northerly line of said Section 23, South 37'00'03" West a distance of 149,62 feet to a point; Thence south 13'11'58" West a distance of 166.51 feet to a point; Thence South 14'01'47" East a distance of 273.94 feet to a point; Thence South 26009'07" East a distance of 330.77 feet to a point; Thence South 13'10'43" West a distance of 138.68 feet to a point; Thence South 05'20'23" West a distance of 201.34 feet to a point, Thence South 01"24'08" West a distance of 111.80 feet to a point, Thence North 21046'52" West a distance of 332.62 feet to a point; Thence North 21°08'47" West a distance of 14189 feet to a point, Thence North 34'11'02" West a distance of 215.76 feet to a point; Thence North 89°03'41" West a distance of 48.00 feet to a point on the westerly line of said Section 23 and the centerline of South Ten Mlle Road; Thence following the westerly line of said Section 23 and the centerline of said South Ten Mile Road, North 00'56'19" East a distance of 675.06 feet to the POINT OF BEGINNING, rneuh„prArcMMYnn . f'iePh✓dad aGW/P�a",iad,af-Cea n /n(V4, d'Pggixmig rClgpAr Cew.w"aio"iia 261 (3n3nn (:ren Uriyq'I Will 119111, Idaho 81301 P208-733-4041,1?08-733-7045. pvm.didaxlo"" ,i ,r,�gpr G:\N109U091d6\Admin\I<�Ii\Cahm Crmk\1.071201 1091(6 Annrzdialltcwn¢ u,c February 11, 2010 / Page 2of2 r� THE IANI1 GROUP, INC The above-described tract of land contains 5-63 acres, more or less, subject to any existing easements or rlghts-of-way, Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE EAGLE, IDAHO 83616 208-939-4041 208-939-4045 (FAX a „ 2459c b OF 1p! Ir L-'M#ArcAr7alYn • JYA MWAR- G-1F-JiMiq GgY0=oIIq�wm. QD'EWmffft IG"IpAYGWAYYMYNI%Y 261 C.1-1) " Gcat Priw, I'gi" Falls, Ida6u 87301 1W&733-4041,1•' 9.733-7045 • x=.Ib 4a �i �r (i:\2009\109146\AdmhA1 timis\Cab. Cmk\I. 091201 107146,\nncx-1,xilltrerma Jrx Situated in a portion of the N W 1/4 of the NW 1/4 of Section 23, Township 3 North, Range 1 West, B M. Ade County, Idaho 2009 FOUND BRASS OAP NW OW40 SECDON 23 15 14 $8915'27'E 132821' 22 23 5891517-E 301.75' —102i467 -- �23 FOUND 5/8' SIEE1. PIN S371F0'OPW W. OR CORNER 5.53 AC i 4800' 6 AV Legend ea Rezone Exhibit Cabra Creek, LLC City of Meridian • BRASS CAP • 5/8' STEEL FMN • CALCULATED POINT �— ANEN AVON BWNOARY UNE SECTION LINE Seale, V Exhibit 1B" Id I FOUND BRASS CAP 22 41'—W 1/A SECTION 23 23 6 AV Legend ea Rezone Exhibit Cabra Creek, LLC City of Meridian • BRASS CAP • 5/8' STEEL FMN • CALCULATED POINT �— ANEN AVON BWNOARY UNE SECTION LINE Seale, V Exhibit 1B" February 11, 2010 �j ��� A Page 1 of 2 .., FHR LAND GROUP, INC. February 11, 2010 Project No. 309146 Legal Description ozone Cabra Creek, LLC 9 33 Acres A tract of land situated in, the West One Half of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Comtnencing at a brass cap monumentingthe West One Quarter of said Section 23.on the i2hterline of South Ten Mlle Road, from which a brass cap monumenting the '` Northwest Corner of said Section 23 bears North 00°56'19" East a distance of 2,629.48 feet; Thence following the westerly line of said Section 23 and the centerllne of said South Ten Mlle Road, North 00°56'19" East a distance of 717:25 feet to the POINT OF BEGINNING; Thence following said westerly line and said centerline, North 00"56'19" East a distance of 875.01 feet to a point; Thence leaving said said westerly line and said centerllne, South 68049'35" East a distance of 103,82 feet to a point; Thence South 53048'35" East a distance of 47.26 feet to a point; Thence South 31033'47" East a distance of 219.26 feet to a point; Thence South 47°39'35" East a distance of 816.93 feet to a point on the centerline of West Overland Road; Thence following said centerline, 411.56 feet along the arc of a circular curve to the right, said curve having a radius of 1,000.00 feet, a central angle of 23°34'51", a chord bearing of South 7805626" West and a chord distance of 408..67 feet to a point; Thence following said centerline, North 89"16'08" West a distance of 466.86 feet to the POINT OF BEGINNING Ldfl*epeAmkWmP/mraind •(,,x/& arum•G'XIM,M*&'eYErgiverdg •GmplxiCo�ewaaimrirn 261 Canyon Crcr[ Drive, Twin Fear, Idrho 93301 PM -733.4041, P200-733-4045 • vi�nUM011112Mina nm GA2009\109146\Adm1n\1tS*\Cobra Creek\L IOD211 Pmone 109146 doe February 11, 2010 NA PA_�A� Page 2 of 2 SHR LAND GROUP, INC. The above-described tract of land contains 9.33 acres, more or less, subject to any existing easements or rights-of-way, Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE EAGLE, IDAHO 83616 208-939.4041 208-939-4045 (FAX) If I.eadk4DaArcbi6r/•n • fuaPha ipr •CnrlEigiawmg • GIffO ru f-wi- &EV—q •Gnp&C. earaxAd- 261 Canyon Gat Dein, IWi„ Falls, Idaho 63301 P206-733-4041, F20&733.4045 • s dkdi idgntgl n om GA2009\ 109146\Admin\Lega19\fibre Cceek\L 100211 Rerone 109146 doc REZONE Date: 02-11.2010 I Scale: 1 inch =150 feet I File: I Tract l: 9330Acm: 406430 Sq Feet: Closum-n71..5530e000Feet: Precision >1/999999. Perimeter=2941 Feet 001=00.561%875.01 004-s31 334 70 219.26 007-n89.1608w 466 86 002-s68.4935e 103.82 005=947.39350 816.93 ar art DW3451 003=s53.4835e47.26 _ _a,a+3e.5s:°�°,00d�a.�a.nr _ Exhibit D - Required Findings from Unified Development Code 1. Comprehensive Plan Amendment Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed changes to the Future Land Use Map do not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds the proposed land use changes will provide an improved guide to future growth and development in this area of the city and should contribute to the employment opportunities available within the City. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). The City Council believes sufficient provisions have been made to accommodate uses allowed in the mixed employment district in this area. d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is generally consistent with the Unified Development Code. Staff will ensure full compliance with the UDC and other city design and development criteria, as development is proposed. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds that the diversity of uses envisioned in the Comprehensive Plan for the ME area will be compatible with surrounding (existing and future) land uses. L The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds that the proposed map amendment to mixed employment will allow for uses on the site that should be compatible with existing and future commercial, industrial, and residential uses in the area. h. The proposed amendment is in the best interest of the City of Meridian. The City Council finds that the proposed amendment is in the best interest of the City if the applicant develops the site consistent with the provisions of the development agreement recommended by staff and the purpose of the ME land use designation. 2. Annexation/Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to annex 5.63 acres of land with an M -E zoning designation & rezone 9.33 acres of land with a C -C zoning designation. The proposed zoning designations are consistent with the proposed comprehensive plan future land use map designation of ME for this property. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed zoning amendments comply with the regulations outlined for the proposed districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendments will not be detrimental to the public health, safety, or welfare if approved. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that the proposed annexation (to M -E) and rezone (to C -C) of this property is in the best interest of the City. Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 5K PROJECT NUMBER: FP 11-003 ITEM TITLE: Final Order for Approval Waverly Place by Mountain West Entrust IRA FBO Robert Mortensen IRA Located 2510 Magic View Drive Request: Final Plat Approval of 25 Building Lots and Three (3) Common / Other Lots on 4.9 Acres of Land MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 4TD Scot+ Nov��� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF 25 BUILDING LOTS AND 3 COMMON/OTHER LOTS ON 4.9 ACRES OF LAND FOR WAVERLY PLACE SUBDIVISION, LOCATED IN THE NE 1/ OF SECTION 17, T.3N., RJE, MERIDIAN, IDAHO BY: MOUNTAIN WEST ENTRUST IRA FBO ROBERT MORTENSEN IRA APPLICANT C/C JUNE 7, 2011 CASE NO. FP -11-003 ORDER GRANTING FINAL PLAT APPROVAL OF WAVERLY PLACE SUBDIVISION This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 17, 2011, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 17, 2011, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WAVERLY PLACE SUBDIVISION A RE- SUBDIVISION OF A PORTION OF LOT 6 OF AMENDED MAGIC VIEW ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP -11- 003) Page 1 of 4 SUBDIVISION LOCATED IN THE E %2 OF SECTION 17, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2011, STAMPED BY D. TERRY PEUGH, PLS ON 4/6/11, SHEET I OF 2, DTP SURVEYING, LLC, MOUNTAIN WEST, DEVELOPER, " is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: May 17, 2011, listing 8 SITE SPECIFIC CONDITIONS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 8 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP -11- 003) Page 2 of 4 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the �— day of �� Unr 2011. DATED this 1+11 day of l LC 12011. �J��kc4,44A4Ay#t% Mayor Tammy de Weerd ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP -11- 003) Page 3 of 4 Attest: ,,1T,,`, , v uycct�iyaaaacua, aXJ-'a n' -" � .-, ti • ;,g'r O ��C�1l�lTY,�1 Copy served upon the App1nt, Planning Department, Public Works Department, and City Attorney. BY: l/' ` Dated: / ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP -11- 003) Page 4 of 4 v uycct�iyaaaacua, aXJ-'a n' -" � .-, ti • ;,g'r O ��C�1l�lTY,�1 Copy served upon the App1nt, Planning Department, Public Works Department, and City Attorney. BY: l/' ` Dated: / ORDER GRANTING FINAL PLAT APPROVAL FOR WAVERLY PLACE SUBDIVISION (FP -11- 003) Page 4 of 4 EXHIBIT A STAFF REPORT MEETING DATE: May 17, 2011 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP -11-003 —Waverly Place I. APPLICATION SUMMARY & LOCATION CiWEIkIDIAN*!,,,� IDAHO The applicant, Mountain West Entrust IRA FBO Robert Mortensen IRA, has submitted a final plat application for Waverly Place Subdivision consisting of 25 building lots and 3 commordother lots on 4.9 acres of land. The preliminary plat was approved by City Council on March 8, 2011. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat in accord with UDC 11 -6B -3C and found it to be in substantial conformance as the number of building lots are the same. The proposed subdivision is located at 2510 Magic View Drive, in the northeast ''/a of Section 17, T.3N., R.IE. R. STAFF RECOMMENDATION Staff recommends approval of the Waverly Place Subdivision final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -06-047), rezone (RZ-10-004) and associated development agreement (Inst. No. 111032844), preliminary plat (PP -10-003), and vacation (VAC -07-010) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on a final plat by March 8, 2013(within two (2) years of the date of approval of the preliminary plat), the preliminary plat shall become null and void unless a time extension is obtained in accordance with UDC 11-613-7C. 3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. Revise the final plat prepared by D. Terry Peugh, stamped on April 6, 2011, prior to signature by the City Engineer, as follows: a. Revise Note #11 as follows: "Lot 22, Block 2 is designated for the Waverly Place Homeowner's Association open space and clubhouselcaretaker building." b. Include the property size (in square feet) on each lot or in a separate table on the face of the plat. Minimum property size per dwelling unit is 4, 000 square feet in the R-8 district. c. Graphically depict and label the location of the common driveways. Comply with the standards for common driveways listed in UDC 11 -6C -3D. d. Include a note on the face of the plat detailing which lots will take access from common driveways. Unless separated by a minimum 5 -foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway (UDC 11 -6C -3D.5). 5. Revise the landscaping plan so that no trees are planted over utilities or within easements. Waverly Place Sub FP -11-003 PAGE 1 EXHIBIT A 6. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 1 I -6C -3D.8. A copy of the recorded easement shall be submitted to the Planning Department prior to signature on the final plat by the City Engineer. 7. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction fencing is required to be installed prior to issuance of building permits to contain debris during construction. 8. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. IV. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. ( 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20 -foot easement for all public water/sewer mains (new or existing) outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to any construction plan approval. 8. The applicant will be required to abandon any services that are not utilized with final construction. Contact Meridian Public Works for requirements. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. Waverly Place Sub FP -11-003 PAGE 2 i `IIII W1 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not ( be considered as replacement trees for those trees that have to be removed, 14. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. V. EXIIIIBITS A. Vicinity Map B. Approved Preliminary Plat (stamp dated: 9/8/10) C. Proposed Final Plat (dated: 4/6/11) D. Proposed Landscape Plan E. Site Layout Plan Waverly Place Sub FP -11-003 PAGE 3 EXHIBIT A Exhibit A —Vicinity Map Waverly Place Sub FP -1 1-003 PAGE 4 EXHIBIT A Exhibit B —Approved Preliminary Plat (dated: .9/8/10) C A � j!;; r Waverly Place Sub PP -11-003 PAGE 5 EXHIBIT A Exhibit C — Proposed Final Plat(stamp dated: 4/6/11) PLAT -q4owm WAVERLY PLACE, SUBDIVISION A RE-SUBDIVIVOM Or A PORTION OF LOT G Or AMENDED MAGIC AEW MCIVISION UDCAV) N IHE t 1/2 OF SECCKN 17 1,]N, RX, 6M, MERIDIAN, ADA C"TY, IDAHO 2014 .11 .x . I I¢AL a 11 4 Waverly Place Sub FP- 11-003 ROAD aw M�m W, am. ME A. L UIAC 'AMC TAfFIAPIT PETA -9 Z WUJN144 KST b.'2 wm PC SURVemG ILC rvwr. & kY RiRttYfn EA$MkIT %TEEr I OF 2 1 c4R1Y TABIC wt PAGE 6 1, Cow If 4 Waverly Place Sub FP- 11-003 ROAD aw M�m W, am. ME A. L UIAC 'AMC TAfFIAPIT PETA -9 Z WUJN144 KST b.'2 wm PC SURVemG ILC rvwr. & kY RiRttYfn EA$MkIT %TEEr I OF 2 1 c4R1Y TABIC wt PAGE 6 EXHIBIT A Exhibit D —Proposed Landscape Plan Waverly Place Sub PP -I1-003 PAGE 7 EXHIBIT A F. Site Layout Plan 1 �•�_ r Waverly Place Sub FP -11-003 PAGE 8 U 0 g I Page 1 of 1 EX1 151T 5 lacv Jones ' From: Jaycee Holman Sent: Tuesday, May 17, 20119:56 AM To: Jacy Jones; Machelle HIII Subject: FW: Waverly Place Final Plat Jaycee L. Holman City Clerk City of Meridian (208) 888-4433 iholman@meddiancity.org From: Anna Canning Sent: Tuesday, May 17, 20119:54 AM To: Jaycee Holman Subject: FW: Waverly Place Final Plat For tonight's hearing Be Seeing You, Anna From: Scott Noriyuki [mailto:scott@northsidemgt.com1 .--N Sent: Tuesday, May 17, 20119:20 AM To: Sonya Watters Cc: Anna Canning Subject: Waverly Place Final Plat Sonya — Please consider this email as formal response and agreement with all conditions as set forth on the Waverly Place Townhouse project. Thank you and feel free to call or email anytime with questions. Scott Noriyukl (208)230-1202 NORTHSIDE MANAGEMENT 5/17/2011 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: FP 11 ITEM TITLE: Final Order for 5L 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 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BOISE HUNTER HOMES FOR FINAL PLAT APPROVAL OF 36 BUILDING LOTS AND 6 COMMON LOTS ON 18.86 ACRES IN AN R-2 ZONING DISTRICT LOCATED ON THE EAST SIDE OF S. EAGLE ROAD, MIDWAY BETWEEN E. VICTORY ROAD AND E. AMITY ROAD IN THE NORTHWEST '% OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST. CIC May 24, 2011 CASE NO. FP -11-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-613-3 on May 24, 2011, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: May 24, 2011, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING KINGBRIDGE SUBDIVISION NO. 2 LOCATED ON THE EAST SIDE OF S. EAGLE ROAD, MIDWAY BETWEEN E. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO.2 (FP -11-004) Page 1 of 4 VICTORY ROAD AND E. AMITY ROAD IN THE NORTHWEST '/< OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2011, HANDWRITTEN DATE: 03/22/2011, SHEET 1 OF 5, LANDMARK ENGINEERING AND PLANNING, INC.," BOISE HUNTER HOMES, Applicant, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bill Parsons, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor, for the Public Works Department, dated: Hearing Date: May 24, 2011, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 9 pages, and by this reference incorporated herein, and the response letter from Scott Noriyuki, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO.2 (FP -11-004) Page 2 of 4 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the _q+io day of V uvv_ 12011 By: �N��AcriAt6 MAYOP- ` Tammy de Weerd vt Mayor, City of Meridian Attests: ; d Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO. 2 (FP -11-004) Page 3 of 4 By�I�,�/. l�awl Dated: ORDER OF CONDPPIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO.2 (FP -I 1-004) Page 4 of 4 STAFF REPORT Meeting Date: TO: FROM: May 24, 2011 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 CiWEIDIDAHOIANI � -- Scott Steckline, Land Development Supervisor 208-887-2211 SUBJECT: FP -11-004 - Kingsbridge Subdivision No. 2 I. APPLICATION SUMMARY The applicant, Boise Hunter Homes, has applied for final plat approval of 36 residential lots and 6 common lots on 18.86 acres for Phase 2 of the Kingsbridge Subdivision. The proposed subdivision is currently zoned R-2 (Low-density Residential District). The gross density proposed with this phase is 1.90 dwelling units to the acre. The subject property is located on the east side of S. Eagle Road midway between E. Victory Road and E. Amity Road in the northwest '/a of Section 28, Township 3 North, Range 1 East. The City Council approved the preliminary plat for Kingsbridge Subdivision on January 11, 2011. The plat contained 72 residential lots and 7 common lots on 38.31 acres of land in an R-2 zoning district. In addition, 2.8 acres of open space is planned for this phase. A majority of the open space is the 1.58 acre neighborhood park (lot 1, block 4). The remainder of open space will be street buffers and 30 -foot wide landscape buffer along the northern boundary. Common Lot 38. Block 1 will be developed with a tot lot and a covered seating area with a future phase. Per UDC 11 -6B -3C, a final plat should be reviewed for substantial compliance with the approved . preliminary plat. The following changes are allowed by UDC to grant approval of a final plat in order to determine substantial compliance with the approved preliminary plat: • The number of buildable lots is the same or fewer; • The amount of common open space has increased; • The amount of open space is relocated with no reduction in the total amount; • The number of open space lots has increased and • The transportation authority has required minor changes. Based on the aforementioned criteria, Staff finds the proposed final plat to be in substantial conformance per UDC 11 -6B -3C and the approved preliminary plat attached as Exhibit B as no substantive changes are proposed with this phase. The applicant has until January 11, 2013 to obtain the City Engineer's signature on the final plat or apply for another time extension in accord with UDC 11-6B-7. II. STAFF RECOMMENDATION Staff recommends approval of the Kingsbridge Subdivision No. 2 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS ' 1. Applicant is to meet all terms of the annexation (AZ -05-004), Kingsbridge amended development agreement and preliminary plat (PP -10-007) applications for this subdivision. Kingsbridge Subdivision No. 2 - FP-11-004.doc PAGE 1 2. If the City Engineer's signature has not been obtained by 01/11/2013, the Final Plat approval for this subject phase shall expire. 3. The subject property shall be subdivided in accord with the UDC prior to the issuance of any building permits. 4. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Revise or add the following note(s) on the face of the plat prepared by Landmark Engineering and Planning, Inc. stamped on 03/22/11 by Fritz Brownell, prior to signature of the final plat by the City Engineer: 1.) Include ACHD sidewalk instrument number on the face of the plat. 2.) Remove the redundant words Boise Meridian from the general vicinity description on the face of the plat. 3.) If Council approves the modified development agreement application, include the new recorded instrument number for the modified development agreement in note #4. 6. The landscape plan, prepared by Landmark Engineering and Planning, dated 03/18/11 is approved with the following changes: a. Revise the fencing along Lots 4, 5, 6, Block 11 and Lots 31, 33, Block 3 to be either 4 - foot solid fencing or 6 -foot open view fencing in accord with UDC 11-3A-7. b. Complete the landscape improvements within Lot 1, Block llconsistent with the improvements proposed in Lot 3, Block 11. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. Prior to signature of the final plat by the City Engineer, the applicant shall submit a recorded document to the Planning Department stating the maintenance and ownership responsibilities for the management of the development. Including but not limited to structures, parking, common areas, private streets, and other development features. 8. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist prior to issuance of a building permit. 9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 10. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 1I - 3B -11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-313-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the Kingsbridge Subdivision No. 2 — FP-11-004.doe PAGE 2 developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 11. Lots 31 and 33, Block 3 shall be limited to single story homes. 12. The applicant shall coordinate all applicable subdivision improvements with the Boise Project Board of Control. 13. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 14. PI., EIF to Q a '9811 Anpe, of ths fmifth lmildjeg permit fer Kingsbridga StibdimisiEftNe 2 (PP I 1 004) The applicant shall pipe the tail ditch from the Dartmoor irrigation pond through the site and install a new head gate on the new inlet to control water flow into the pond. In order to receive the first building permit, the applicant shall post a surety for said improvement in the amount of one hundred and twenty-five percent (125%) of the associated construction costs. A detailed bid document shall be reviewed by Planning Department prior to the acceptance of the surety. Further, the construction drawings shall be submitted to the Public Works Department for review. Evidence of acceptance of the design by the irrigation district shall be included with the surety. The applicant shall coordinate with the appropriate irrigation provider and adjacent Dartmoor homeowner's to coordinate the construction activities. Said improvements shall b GENERAL REQUIREMENTS Street signs are to be in place, water system shall be approved and activated, temnorary fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. Src condition 3 below fo common lot fencing and water blow off assembly recuirements. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water, sewer, common lot fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. The common lot fenc'ng dots not have to bei installed in its entirety and JhQ water system blow off assembly can be incomplete if surety is provided urs y must be in place before the issuance of any building ymnifis or certificair of occupancies, 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). For clarification, the portion of the Kingsbridge Subdivision No. 2 — FP-11-004.doc PAGE 3 easement that encompasses the water system blow off assembly may be reduced to 10 feet in i width. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing iadditional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 14. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 16. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district Kingsbridge Subdivision No. 2 — FP-11-004.doc PAGE 4 or the ACRD. The design engineer shall provide certification that the facilities have been t installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. V. EXHIIBITS A. Zoning/Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Kingsbridge Subdivision No. 2 — FP-11-004.doc PAGE 5 to (o et t {Y � `� 4 1 i 4�E._ xP v �!' `. G, { �$. �) `K`K ` f� + ."' c ,_ 1i 1 'A -��i �. �I 1� k:',: �' +� A . ��/ 3 ��t� �� i; : ''Y e '� t a t f� i� � _� ..� Y.; Sd✓ �� �� � f C GST � � i <' y Exhibit B — Approved Preliminary Plat ilx�z )" U01 2L, Z�- PI .00 Kingsbridge Subdivision No. 2 — FP- I 1-004.doe PAGE 7 Exhibit C — Proposed Final Plat y:. . — — _ Ip IM[YM•xotV M'4wND xn :pXdlx7•ItX _ ma.,! i urvv aY it ii UBDIVIS"nlpxON PHASE ANS mYMY.41W KINGSBNJOCE SUBDIVISION PHASE 2 — — _ Ip IM[YM•xotV M'4wND xn :pXdlx7•ItX _ am �eusu Yh�M~IpIXi[i�ilxx [,M1 xwx XY urvv 1u j • x.... it s I ' 5 0 ;ir- 6-1 Fe KINGSBNJOCE SUBDIVISION PHASE 2 — — _ Ip IM[YM•xotV M'4wND xn :pXdlx7•ItX _ am �eusu Yh�M~IpIXi[i�ilxx [,M1 xwx XY urvv 1u j • x.... 0 Kingsbridge Subdivision No. 2 — FP-11-004.doc PAGE � 1 �t 1u j • x.... Kingsbridge Subdivision No. 2 — FP-11-004.doc PAGE Exhibit D —Proposed Landscape Plan -T ----- ----- ---- - WM Kingsbridge Subdivision No. 2 — FP- I 1-004.doc PAGE 9 Pagel of 2 Bill Parsons From: Scott Noriyuki [scott@northsidemgt.comj Sent: Tuesday, May 24, 2011 3:25 PM To: Bill Parsons Subject: Kingsbridge Final Plat Staff Report - Response Bill — With regard to the Kingsbridge Final Plat Staff Report, I would first like to thank you and the City of Meridian for your professional work, analysis and efforts. Please consider this email as formal response and acceptance of the Conditions of Approval less those listed below. Re: FP -11-004 Staff Report dated May 24, 2011 (Hearing Date) Page 3, Number 14.: Due to irrigation turn-off timelines verses our anticipated completion of development and home construction expectations, we Request that the minimum building permits Issued be increased from four (4) to twelve (12). It is understood that surety posting Is required prior to the first permit issuance. Page 3, (Gen. Requirements) Number 1.: We request that clarification be made that; in the event fencing is not complete but surety is posted Building permits and certificates of occupancy can be obtained. We request that clarification be made that; the water system blow off (within the 30 mile feeder) Assembly can be incomplete with surety posted and building permits as well as certificates of occupancy Can be obtained. Page 3, (Gen. Requirements) Number 3.: We request that clarification be made that; in the event fencing is not complete but surety is posted Building permits and certificates of occupancy can be obtained. We request that clarification be made that; the water system blow off (within the 30 mile feeder) Assembly can be incomplete with surety posted and building permits as well as certificates of occupancy Can be obtained. Page 2, (Gen. Requirements) Number S.: We request that the proposed 20 foot easement for the waterline blow -off line be reduced the 10 feet. Thank you and please feel free to call or email anytime with questions. Scott Noriyuki (208)230-1202 6/1/2011 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 5M PROJECT NUMBER: VAR 11-001 ITEM TITLE: Findinas of Fact & Conclusions of Law & Decision & Order of Denial 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 MEETING NOTES RTPfl�;qec� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �PI/J�,� E--n-galled b �oiTt- C0.vp� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A BLANKET VARIANCE TO ALLOW TWO STORY HOMES WITH A 7.5 FOOT INTERIOR SIDE SETBACK INSTEAD OF THE REQUIRED 7.5 PER STORY INTERIOR SIDE SETBACK WITHIN KINGSBRIDGE SUBDIVISION FOR BOISE HUNTER HOMES APPLICANT. C/C 05-24-11 Case No. VAR 11-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled variance application having come on for public hearing on May 24, 2011, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Bill Parsons, Meridian Planning and Zoning Department, and Scott Noriyuki, Northside Management, LLC, appeared and testified on behalf of Boise Hunter Homes, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for May 24, 2011, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KINGSBRIDGE SUBDIVISION; CASE NO. VAR 11-001 - PAGE I OF 4 were made available to newspaper, radio and television stations as public service { announcements; and the matter having been duly considered by the City Council on May 24, 2011, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and § 11-5A, Municipal Code of the City of Meridian. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located on the east side of S. Eagle Road midway between E. Victory Road and E. Amity Road in the northwest ''/a of Section 28, Township 3 North, Range 1 East, Meridian, Idaho. 5. Boise Hunter Homes whose address is 1025 S. Bridgeway Place, Eagle, Idaho, is the current property owner and applicant. 6. The Applicant requests a blanket variance to deviate from the dimensional standards of the R-2 zone which requires a 7.5 foot per story interior side setback. The Applicant is seeking a variance to allow two story homes with a 7.5 foot interior side setback instead of the required 7.5 per story interior side setback. The request is for forty-five (45) interior lots within the subdivision. The property which is the subject of this application is within the City of Meridian. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council shall apply the standards listed in Idaho Code §67- 6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KrNGSBRIDGE SUBDIVISION; CASE NO. VAR 11-001 - PAGE 2 OF 4 b. The variance relieves an undue hardship because of characteristics of the site. c. The variance shall not be detrimental to the public health, safety and welfare. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this denial is in accordance with the attached Staff Report for the hearing date of May 24, 2011, incorporated by reference. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for variance is denied for the following reasons: 1) Granting this variance would grant a right or special privilege to the applicant that is not otherwise allowed in that district. A variance is meant to be considered on a case by case basis and the subject request is for a blanket variance to deviate from the dimensional standards of the R-2 zone. 2) There no undue hardship in this matter since the property is vacant and has no site characteristics that cause an undue hardship. There are no physical limitations that preclude compliance with the R-2 setbacks. 3) Granting this variance would not be detrimental to the health, safety and welfare of the public given the fact that many other residential zoning districts have less restrictive interior side setback than the R-2 zone. By action of the City Council at its regular meeting held on the _ day of June, 2011. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN BRAD HOAGLUN VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KINGSBRIDGE SUBDIVISION; CASE NO. VAR 11-001 - PAGE 3 OF 4 DATED: ,, Vyv-7 SII MOTION: ATTEST: APPROVED: X DISAPPROVED: MAYOR TAMMY de WEERD y 35� ... ,ti01INT1 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Mwj4k�kfi Dated: City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KINGSBRIDGE SUBDIVISION; CASE NO. VAR I1-001 - PAGE 4 OF 4 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: RZ 11-001 ITEM TITLE: Findinqs of Fact & Conclusions of Law for McNelis Subdivision by Ten Mile Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick Road Request: Rezone of 18,522 +/- Square Feet from L -O (Limited Office) to I -L (Light Industrial) and 16.24 +/- Acres from L -O to C -G (General Retail & Service Commercial) MEETING NOTES AW(-O\r2cL P n PYO) cc4- (1 I e CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS G1 � UrI,,o Q t(eaA 1-0 'rlgo ✓v1 p S v Y) Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 50 PROJECT NUMBER: MDA 11-002 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval 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 MEETING NOTES t '-b`f e 4 kY'\ Rz k\-00\ -jQ14C_ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �l � �o✓vipsor� Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: MDA 11-004 ITEM TITLE: Findings of Fact & Conclusions of Law for Approval 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 Amenities/Common Open Space MEETING NOTES FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: CPAM 10-002 ITEM TITLE: Resolution No. I) - -7, 9Q 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) MEETING NOTES A-P-�'rov-e-rA CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 09/09/11 03:10 pM DEPUTY Liss Batt RECORDED -REQUEST OF III I�II�II�II�IIIIIIIIIIIIIIIIIIII'�� Meridian CIV 111047034 CITY OF MERIDIAN RESOLUTION NO. - 1 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 33.89 ACRES KNOWN AS THE MCNELIS SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF N. TEN MILE ROAD AND W. USTICK ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 13.85 acres of land from Mixed Use - Community and 20.04 acres of land from Office to Mixed Use -Residential (MU -NR). Said land is known as the McNelis Subdivision and is located at the Northwest corner of N. Ten Mile Road and W. Ustick Road, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - MCNELIS SUBDIVISION CPAM 10-002— Page 1 of 2 incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ATTI ADOPTED by the City Council of the City of Meridian, Idaho, this T- day of R42r% \ 12011. APPROVED by the Mayor of the City of Meridian, Idaho, this day of nrl 1 , 2011. APPROVED: &d od' V �ge,Two MAYOR Mayor Tammy de Weerd COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - MCNELIS SUBDIVISION CPAM 10-002— Page 2 of 2 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. 11 --701-0 Approving and Effectuating Bylaws of Meridian Parks and Recreation Commission as Amended on May 11, 2011 MEETING NOTES wV?Y-C),, ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1, ` — -7 q -0 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION AS AMENDED ON MAY 11, 2011, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Meridian City Code § 2-2-4(B), at its regular meeting on May 11, 2011, the Meridian Parks and Recreation Commission voted unanimously to recommend to City Council that it approve the "Bylaws of the Meridian Parks and Recreation Commission as Amended on May 11, 2011," attached hereto as Exhibit A; WHEREAS, the City Council of the City of Meridian deems the approval of such bylaws to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Meridian Parks and Recreation Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian approve the initial Bylaws of the Meridian Parks and Recreation Commission attached hereto as Exhibit A. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2011. ADOPTED by the City Council of the City of Meridian, Idaho, this 7th day of June, APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of June, 2011. ATTEST: APPROVED: MAY01Z ®F Nf,',Ie Mayo ammydeWeerd M� O R P ®® fl CZY RESOLUTION APPROVING BYLAWS OF MERIDIAN PARKS & RECREATION COMMISSION PAGE 1 OF I EXHIBIT A BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION AS AMENDED ON MAY 11, 2011 BYLAWS of the MERIDIAN PARKS AND RECREATION AS AMENDED on May 11, 2011 WHEREAS, Meridian City Code section 2-2-4(B) directs the Meridian Parks and Recreation Commission to adopt bylaws, rules and regulations for the proper conduct of the business of the commission; WHEREAS, on April 18, 2006, the City Council of the City of Meridian adopted Ordinance no. 06-514, which effectuated the previous iteration of the Bylaws of the Meridian Parks and Recreation Commission; WHEREAS, at its regular meeting on May 11, 2011, the Meridian Parks and Recreation Commission voted to recommend that the Commission's bylaws be amended and updated as set forth herein; NOW, THEREFORE, the Meridian Parks and Recreation Commission hereby establishes and adopts the following bylaws. ARTICLE I: INTENT The intent in preparing and adopting these bylaws is to provide a framework for conducting the business of the Meridian Parks and Recreation Commission (hereinafter "Commission"). The duties and powers of the Commission shall be as enumerated in Title 2, Chapter 2, Meridian City Code. ARTICLE II: OFFICE The principal location of the Commission shall be at Meridian City Hall, Meridian Parks and Recreation Department (hereinafter "Department"), 33 E. Broadway Avenue, Suite 206, Meridian, Idaho. ARTICLE III: MEMBERSHIP SECTION 1: TERMS OF OFFICE. In keeping with provisions of Meridian City Code regarding commissioners' terms of office, there are hereby designated nine membership seats on the Commission. Each seat shall have a term of three (3) years, except that the youth member shall be appointed to a term of one year, from September 1 through August 31. As established by Meridian City Council Resolution no. 06-514, the initial terms of the commissioners appointed to Seats 1 and 2 expired on October 31, 2007; all subsequent terms of commissioners appointed to Seats 1 and 2 shall expire every three (3) years thereafter. The initial terms of commissioners appointed to Seats 3, 4, and 5 expired on October 31, 2008; all subsequent terms of commissioners appointed to Seats 3, 4, and 5 shall expire every three (3) years thereafter. The initial terms of commissioners appointed to Seats 6, 7, and 8 expired on October 31, 2009; all subsequent terms of commissioners appointed to Seats 6, 7, and 8 shall expire every three (3) years thereafter. The commissioner appointed to Seat 9 shall be designated to represent Meridian's youth and shall serve a term of one (1) year, which term shall expire on August 31 of each year. AMENDED BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION PAGE 1 OF 4 SECTION 2: COMMITTEES. The Commission President, with the Commission's approval, shall establish such committees as necessary or helpful to assist or advise the Commission in the performance of its functions and/or furtherance of its mission. Meetings of committees shall comply with the Idaho Open Meetings Act. Each committee shall consist of at least two (2) commissioners. Unless a committee chair is appointed by the Commission President, each committee shall elect a chair to preside at committee meetings and present the findings and/or recommendations of the committee to the Commission. With the Commission's approval, the Commission President or committee chair may appoint commissioners, citizens, and/or public officials to serve as members of committees. SECTION 3: QUORUM. A majority of currently -appointed commissioners shall constitute a quorum for the transaction of any business of the Commission. SECTION 4: VOTING. Each commissioner shall be entitled to one (1) vote on any matter before the Commission. Except as otherwise designated herein, the vote of the majority of the members present at any meeting at which a quorum is present shall effectuate any decision of the Commission. The Commission President shall be a voting member of the Commission and shall hold the same rights and privileges as any other commissioner. Proxy voting and secret voting are unlawful under the Idaho Open Meetings and Public Records laws and shall not be permitted. SECTION 5: ATTENDANCE. Three (3) consecutive, unexcused absences of a commissioner from regular Commission meetings shall constitute such commissioner's notice of resignation. The President shall notify the Mayor of such notice of resignation for the Mayor's consideration. The President or Vice President may excuse a commissioner from attendance. ARTICLE IV: MEETINGS SECTION 1: NUMBER AND DATE OF REGULAR MEETINGS. According to the provisions of Meridian City Code, the Commission shall hold no fewer than nine (9) regular meetings during the calendar year. Unless otherwise specified, regular meetings of the Commission shall be held on the second Wednesday of each month at 6:00 p.m. SECTION 2: SPECIAL MEETINGS. Special meetings may be convened by or at the direction of the President by complying with the notification and posting requirements of the Idaho Open Meetings Act and by notifying the Commission in the manner specified herein. SECTION 3: PLACE OF MEETINGS. Unless otherwise specified, meetings of the Commission shall be held at Meridian City Hall, Meridian City Council Chambers, 33 E. Broadway, Meridian, Idaho. SECTION 4: NOTICE OF MEETINGS. Unless otherwise prescribed by statute, the Department Director or designee shall provide commissioners with written notice of meetings, which notice shall state the date, hour, and location thereof, and shall further state the purpose of the meeting, business to be transacted, and/or agenda. The Department Director or designee shall issue notice to each and every commissioner not less than forty-eight (48) hours, nor more than thirty (30) days prior to the meeting. Notice may be issued by e-mail, U.S. Post, and/or personally, by or at the direction of the Commission President. AMENDED BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION PAGE 2 OF 4 SECTION 5: CONDUCT OF MEETINGS. The Commission shall operate under the precepts of Robert's Rules of Order. Unless otherwise established by the Commission President in the manner set forth herein, the order of business for meetings of the Commission shall be as follows: 1) call to order; 2) roll call; 3) approval of the agenda; 4) approval of minutes of previous meeting; 5) committee meetings; 6) committee reports; 7) old business; 8) new business; 9) workshops; 10) staff reports; 11) announcement of next meeting; 12) adjournment. The agenda shall be followed strictly except upon a successful motion stating the reason for amendment and good faith reason the proposed agenda item was not included in the original agenda posting. SECTION 6: AGENDA. The agenda for all meetings of the Commission shall be prepared by the Department Director or designee in consultation with the Commission President. Agenda items may be proposed to the Commission President by any commissioner or any member of the public and shall be placed on the agenda at the discretion of the Commission President, provided that adequate notice of such item has been provided as set forth herein and as required by law. SECTION 7: PUBLIC APPEARANCES AND REQUESTS. Scheduling of appearances before or requests to the Commission shall be at the discretion of the Commission President. The President may set rules to maximize efficiency and productivity of meetings, including setting a time limit for presentations and/or comments to the Commission. SECTION 8: MINUTES. Minutes and/or records of the business conducted at all meetings of the Commission or any committee thereof shall be kept by the Department Director or designee and shall be open for public inspection. The minutes of each meeting shall be forwarded to each commissioner prior to the regular meeting at which such minutes are subject to approval by the Commission. ARTICLE V: OFFICERS SECTION 1: DESIGNATION. According to the provisions of Meridian City Code, officers of the Commission shall include the Commission President and Commission Vice President. Other officers may be elected as necessary or desirable for the efficient administration of the Commission if a majority of the Commission so decides. SECTION 2: TERM AND ELECTION. According to the provisions Of Meridian City Code, election of officers shall be held at the December meeting of each year. The sitting vice president shall be automatically nominated for the office of president. SECTION 3: VACANCY. A special election may be held at any time to fill a vacancy of office. An officer who fails or refuses to fulfill the duties of his or her office may be removed from the office by a two-thirds (2/3) majority vote of the full Commission at a special election. SECTION 4: DUTIES OF PRESIDENT. The Commission President shall prepare Commission meeting agendas in cooperation with the Department Director or designee, shall preside over all full Commission meetings, and shall sign all documents requiring an official signature on behalf of the Commission, including its annual report to the Mayor and City Council, and other reports as requested. The President shall recommend, for the Commission's approval, the formation of AMENDED BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION PAGE 3 OF 4 committees and the appointment of commissioners, citizens, and/or public officials thereto. The decisions, statements, and/or actions of the President shall obligate, commit, and/or represent the Commission only insofar as the Commission has specifically authorized. SECTION 5: DUTIES OF VICE PRESIDENT. The Commission Vice President shall perform the duties of the President in the absence of the President and shall perform such other duties as may be delegated by the Commission President. ARTICLE VI: AMENDMENT OF BYLAWS As provided in Meridian City Code, the Commission may recommend to the Mayor and City Council that these bylaws be altered, amended, added to, or repealed upon a two-thirds (2/3) majority vote of the full Commission. ARTICLE VII: ADOPTION AND EFFECTIVE DATE The Commission adopted the foregoing bylaws, as amended, at its regular meeting on May 11, 2011. These bylaws shall be effective upon their ratification by resolution of the City Council of the City of Meridian. Adopted by the Meridian Parks and Recreation Commission on May 11, 2011. Commissio er Michael Martin, Seat 6 Commission President Commissi er Treg Bernt, Seat 2 Commissioner Andrew Mitzel, Seat 9 Cooner Creg Steele, Seat 4 Commissioner Shawn Testin, Seat 8 Commissioner Phillip Liddell, Seat 1 Commission Vice President Commissioner Tom LeClaire, Seat 5 Co missioner John Nesmith, Seat 3 c'V� Commissioner Ma Stoll, Seat 7 AMENDED BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION PAGE 4 OF 4 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. Q - - A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the Meridian Fire Department MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. II — _� a BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; and WHEREAS, the City Clerk has identified certain transient records that may be destroyed pursuant to the City of Meridian Records Retention Policy because the administrative use of the records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Fire Department: FIRE YEAR(S) DESCRIPTION 1. Semi-permanent Incident Run Reports/Cover 1976-2005 Includes cover sheets from Sheets Incident Run Reports Incident Run/EMS Reports 1977-2004 Incident and Patient Reports from incidents; includes cover sheet copies from EMS Minutes, staff meetings 2002-2003 Copies of minutes from monthly officer/staff meetings 2. Temporary Burn Permit Logs 2000-2006 Includes logs of burn permits issued RESOLUTION AUTHORIZING DESTRUCTION OF FIRE DEPARTMENT RECORDS PAGE I OF 3 Section 2. That pursuant to the City Records Retention Policy, the City Clerk is hereby authorized to destroy the following transient records: 3. Transient Year(s) Description Blank Old Forms not dated Miscellaneous blank forms, now obsolete, including forms used in 1992 for tracking personnel accumulated benefits Citizen Use Permits 2002 Copies of expired Citizen Use Permits Daily Engine/Apparatus 1996-2006 Daily reports of Maintenance Reports maintenance reports on apparatus Daycare Inspection Reports 1988-1989 Obsolete run/report cards, cover sheets of inspections Employment/PTOC records 1990-2005 Part-time on-call personnel daily time log sheets, daily attendance sheets, copies of pay records Employment/miscellaneous 1990-2007 Personnel daily attendance records, daily drill records, daily duty sign -in sheets, daily time cards, timesheet logs, training schedules, vacation request forms Firework Permits 1989-1996 Copies of expired firework permits Incident/EMS Cover Sheets, 2006 Cover sheets listing only obsolete numbers and dates Invoices, copies 2001-2007 Copies of miscellaneous Fire Department invoices Medical Bag Inventory 2006 Inventory check sheets Checks Minutes, copies, Meridian 2004-2005 Copies of Minutes from Rural District meetings past Meridian Rural District meetings Payroll Records/Reports, 2000-2005 Copies of miscellaneous copies payroll and wage reports, old pay stubs Phone logs and Records 2001-2002 Handwritten list of phone numbers dialed, logs of phone messages received Pre -Employment Records, 1998 Job applications and unsuccessful applicants interview evaluations of persons not hired RESOLUTION AUTHORIZING DESTRUCTION OF FIRE DEPARTMENT RECORDS PAGE 2 OF 3 Pre -Employment 2002-2005 Copies of miscellaneous Records/PTOC unsuccessful records of part-time, on - applicants call job applications and interview evaluations of persons not hired Purchase Orders, copies 1990-2006 Copies of purchasing records Reports, Miscellaneous, 2002-2006 Copies of Fire Department copies monthly reports, clothing expense reports, fuel reports, travel expense reports, and monthly call report cover sheets Requests for Comment 1992-2000 Requests for Fire Department comments on new subdivisions, zoning issues, and other agency projects Vendor Reports, obsolete 2000-2004 List of names and addresses of vendors Budget Expenditure and 1992-2005 Budget requests and budget Revenue worksheet workshop documents documents Section 3. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 4k day of June, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 7+t- day of June, 2011. ATTEST: Jaycee 1 4 APPROVED: 407 C,Elf a41AIna Ma ammy de Weerd �,,�5e0 O 00 RESOLUTION AUTHORIZING DESTRUCTION OF FIRE PAGE 3 of 3 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Budget Amendment for Outside Legal Counsel Fees MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 003 V c m . m 2 N w m N w4 0 3 0 °� m C S O N S C to J m a y w a m 7' O k mo m M CL —, c'y O. 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Q r 3 o m O D 2. < d a p m 0 ron N_ O >-n 3 -i Cl) (D o o` m 0 N a O mm m m N X 0 > o. c W vi to to En to ,o 3 c •O o c ,o� M m CL O 2 Z O O m z m C C r O D m O O V'ac�iz+ my v - M Z X7,7 r z c C m 0 T c mm v 0 N O 7 d cOD � o (7 0 > m D 35 Z D oz 31 m z --I T O � 9 n a m N m m w 0 r N Meridian City Council Meeting TE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 7A PROJECT NUMBER: AP 11-001 ITEM TITLE: Southridge Sub Gravel Mining Public Hearing - City Council review of the Dirctor's decision to deny the Conditional Use Permit modification to allow audible back up alarms on construction equipment used on the site by Idaho Sand & Gravel Company - s/of W. Overland Road, southwest of Ridenbaugh Canal & east of S. Ten Mile Road w/in future development areas of Southridge Sub A-TPpvc�re IlTtl:4 =11Ili!EHL1 Eel 1=61 +o alloLk---) avdkb« � s cis 1OL-0 aS LS 0'tI0W0.1 \e 14-. ( SeconcRc CLERKS OFFICE FINAL ACTION --o d e -PI e c4 S©kkA'S DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -Rk6kv)\ -I- SI r yr , v--) Mt\L2 -1 k+rV-CW Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 7B PROJECT NUMBER: VAC 11 -00 1 ITEM TITLE: Public Hearing - Vacate a portion of the plat (Lots 1; 8-15, Block 15 & Lots 1-32 Block 16) and the associated public utility easements platted with Jayker Subdivision No. 1 by SWG Brighton, LLC - north side of Chinden Boulevard, east N. Tree Farm Way MEETING NOTES A'V-0yl"v L CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7. 2011 ITEM NUMBER PROJECT NUMBER: FP 11 ITEM TITLE: Spurwina Orchard C FP 1 1-005 - Final Plat approval for 38 residential building lots and 4 common lots on 12.98 acres in an R-15 zoning district by SWG Brighton, LLC - north side of Chinden Blvd, east of N. Tree Farm Way MEETING NOTES p-py-0ie W' Co" 31'-1pV-3 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 7D PROJECT NUMBER: MFP 11-001 ITEM TITLE: Gateway Marketplace Sub No. 2 Approval to remove the 10 -foot wide landscape easement platted along the eastern boundary and conditioned with Gateway Marketplace Sub No. 2 (File # FP 07-020) by The Land Group - SEC of E. Ustick Road and N. Eagle Road MEETING NOTES 0 V\Dv�)\Tc� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Department Report: Planning Departmnt Community Development Block Grant (CDBG) Program Year 2011 (PY201 1) Pre -Draft Discussion MEETING NOTES LoY-1 4 v --+o 9 -�ir'2S�1tA+ r c�,-� - i"r snC� •pa� �r'✓� �ev\d�a� Eelam CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS June 2, 2011 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Lori Den Hartog, CDBG Administrator CC: City Clerk Anna Canning Caleb Hood RE: CDBG PY 2011 Pre -Draft Prioritization June 7th, 2011 City Council Agenda 1. Introduction In preparation for the City's Program Year 2011 (PY2011) Community Development Block Grant (CDBG) Annual Action Plan (AP), the City needs to prioritize submitted applications for project funding. The City has been notified by HUD that our anticipated funding for PY2011 is $230,709. Planning and Administrative expenses are capped at 20% of the annual allocation, which would be $46,109. The remaining 80% ($184,600) of the city's CDBG allocation can be used to fund projects, with no more than 15% ($34,600) being used for Public Service Projects. 2. Process and Timeline The City has been working to identify potential future projects for the coming program year. On April 18, 2011, the Mayor, City Council and Department Directors were contacted for project ideas. On April 29, 2011, staff conducted a Community Workshop to provide information and reach out to past sub - recipients and potential future sub -recipients. In early May, interested organizations submitted letters of intent, and for those projects that appeared to meet the minimum qualifications, staff invited them to submit a full funding application by May 27, 2011. 3. Application Review and Scoring The City is using a more formal process this year than had been used in the past for submitting CDBG applications. Organizations were required to submit applications addressing the following items: • Goals and outcomes of the proposed project, • The need that the proposed project addresses, Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org Page 2 i' • How the organization plans to carry out the proposed project, • The capacity of the organization to implement the proposed project, and • Whether or not the organization is going to leverage any other funds for the proposed project. An internal City working group reviewed and ranked all of the submitted applications based on a matrix that provided weighted scoring to the more critical items in the application. The scoring criteria used by the working group were provided to the applicants for informational purposes as part of the application form. 4. National Program Considerations The National Goals of the CDBG Program are as follows: • Provide decent, safe, and sanitary housing. • Provide a suitable living environment. • Expand economic opportunities. The National Objectives of the CDBG Program are as follows: • Benefit low -moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet an urgent need. Other items to consider under the national program regulations include that over a multi-year period 70% of the expenditures must benefit low -moderate income persons. Public Services are capped at 15% of the annual allocation, which would be $34,600 for PY2011. 5. Local Program Considerations The City is entering into its fifth and final year of its initial Five Year Consolidated Plan. Each Annual Action Plan is based on the original needs, goals, and outcomes identified in the Consolidated Plan. Because the City is entering into the fifth year, many of the identified goals and objectives have been achieved in the previous four years. In the ranking and scoring of the submitted applications, the CDBG working group took into consideration how the applications did or did not address the identified goals and objectives of the Consolidated Plan. 6. Recommended Priorities & Projects The working group that reviewed all of the submitted applications recommends funding two projects under the public service category, the first for the Meridian Food Bank and the second for the Boys & Girls Club. The recommended funding level for both projects is less than requested; however, both organizations can still benefit from the recommended funding amount. The working group recommends funding five of the six submitted projects for the non-public service applications at varying funding levels. Staff is still working through some questions and possibilities with the applicants to determine an appropriate distribution of funds. Page 3 Five public service applications were submitted for a total funding request of $98,383. As identified above, the available funding for the coming program year is capped at $34,600 for public services. Public Service Applications Project Name Applicant Funding Priority Recommended Request Level Funding Providing Food to the Meridian Food $34,500 1 $24,600 Needy Bank Scholarships for Extended Meridian Boys & $25,000 2 $10,000 Programs Girls Club Foreclosure Prevention & Neighborhood $15,750 3 $0 Intervention Program Housing Services Rapid Re -Housing of CATCH, Inc. $19,968 4 $0 Homeless Persons (Part- (Charitable $60,000 4 $60,000** time staff person in Assistance to Meridian) Community's $100,000 5 Undetermined*** Homeless) Computers and Computer Meridian Senior $3,165 5 $0 Classes Center Six non-public service applications were submitted for a total funding request of $310,000. The available funding for Program Year 2011 is $150,000 for these types of projects. Non -Public Service Applications Project Name Applicant Funding Priority Recommended Request Level Funding Down Payment Assistance Neighborhood $20,000 1 $20,000 Program Housing Services Down Payment Assistance Ada County $40,000 2 $15,000* Program Housing Authority Fapade Improvement Meridian $40,000 3 $40,000 Program Development Corporation Five Mile Creek Pathway Meridian Parks and $60,000 4 $60,000** Segment H.1 Recreation All Abilities Playground Meridian $100,000 5 Undetermined*** Playground Project Nine Mile Creek Meridian $50,000 6 $0 Floodplain Feasibility Development Study (Determine Corporation possibility of day lighting, new culverts, etc. *The Ada County Housing Authority still has $35,000 remaining from their funding award for Program Year 2010. **This project may be able to be funded by unused funds from other completed CDBG projects, and not out of the Program Year 2011 allocation. ***Staff is working with the applicant to answer some additional questions and determine the possibility of a funding amount smaller than that requested. Page 4 7. Next Steps After Council has established the priorities for the coming program year at the June 7 public meeting, staff will prepare the draft annual action plan. The public hearing on the draft plan is set for June 21, 2011 at 7 p.m. The required public comment period on the draft plan also opens on June 21 and will continue through July 26, 2011. The final hearing and adoption for the Program Year 2011 Action Plan is set for July 26, 2011 at 7 p.m. Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: $B PROJECT NUMBER: MDA 11-003 ITEM TITLE: Department Report: Planning Departmnt Continued from May 17, 2011: Findings of Fact and Conclusions of Law for Approval: MDA 1 1-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations MEETING NOTES kPfWJ Q1 Y-eLx-) S ,AE- --a Ian ,)- el ev aAc,, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Department Report: Parks Department Budget Amendment for New Bleachers for Mo Brooks Field in Storey Park for the Not -to - Exceed Amount of $38,825.00 MEETING NOTES f)A)?YL,)\,I'-' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS y d a o a� m d° 3 am -a C Y N L N V d — W- C: e Rm E5, C SSd N L C 12 R 'Lrd" E Q ai 0 >F R a E d S€ a) 3 m wU 12 rnw m c N s = C O d C N a m a' m R d y W O c E Y o; u R ° d > ° r c — m c d + atl' Z 3 c a N 3 9v t5 0 O) N d v a> o d c �p N OW az d d V T W- 9 m c U mLL MN. — LL > 3 a rnm cc ° Ln D_ y d 3 L N N V C N c T d - E d d:Q y U ur U a°.. 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(kID o \ / / � \ « » x Lb 000 06 {I \\\\ •= G k }� !i ! e ¢\\\k2 46 5 k LU tc gyp« §k \ G �) o) - a\\\\kz LU |e_!ta \ d\{ �3J4&Sm£!§ z � UO) L) } k / 0 EEd X00 \k)§ 13 \ » C) (kID \ Lb 000 06 \\\\ k ! e ¢\\\k2 46 5 k �Q\22a� tc gyp« §k G o) - a\\\\kz . &�> |e_!ta d\{ �3J4&Sm£!§ � UO) L) 0 ` -Z °`°;;�A;§ )a§))��§§§®) IL 0 C) Lb 000 06 \\\\ k ¢\\\k2 �Q\22a� tc gyp« G a\\\\kz d\{ G§ � UO) C) Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Department Report: Parks Department Budget Amendment for Julius M. Kleiner Memorial Park Add -Alternates for the Not-fo- Exceed Amount of $131,880.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS u: F N, a Y W a 0 m o _1O Edo n�mta0� d d L V m y E wd y 0 E mT d d E'3- E 0 c° E Y V MM m —y!c a•o nm 3 w r w ay R Je d $ N m O aFqq-U N.'pd ad+C A d HRm�>.EE `mr W O O N? 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T O t;N m 5 Ec u' d a rjL o U c y y g6 �{ d 33ocLLa3ww a,�a�'� � gs `'o yF a Totl 2 O {yy ` a a � W + E w X W E 1' w S +. t;N rjL �ix<F xv'' gs a Totl Page 1 of 1 Todd Lavoie From: Stacy Kilchenmann Sent: Thursday, June 02, 2011 11:08 AM To: Todd Lavoie Subject: FW: Reimbursement Agreement for Kleiner Park To include with amendment as documentation. From: Ted Baird Sent: Thursday, June 02, 201111:06 AM To: Stacy Kilchenmann Cc: Kelth Watts; Steve Siddoway; Bill Nary Subject: Reimbursement Agreement for Kleiner Park I have researched the question of whether we can enter into a reimbursement agreement with the Kleiner Trust for park amenities that the City is choosing to pick up. I believe that this falls under the statutory framework of Idaho Code 67-8209 which allows the City to enter into a reimbursement agreement with a developer for impact fee eligible items when the developer has already mobilized at the site. Although the statute discusses the developer in terms of an impact "fee payer' I am of the opinion that the statutory framework can be applied here because, but for the City's involvement to waive the impact fees for the soon-to-be public park, the Trust would have been a "fee payer." The intent of the statue is met because the reimbursement agreement allows the City to piggyback on the contracts and efficiencies of scale already negotiated by the Trust. Let me know if you have any questions. 6/2/2011 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: $E PROJECT NUMBER: ITEM TITLE: Department Report: Public Works Department Budget Amendment for Water Service Main Replacements: Request to Move $56,000.00 from Professional Services -Water into Service Water Line/Water Main Replacements Creating No Net Change to FY201 1 Budget MEETING NOTES P ?PnDvc CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS zo I �2 � m k \ § 2 ui s � ■ « LLI § k t- \ 2 § 22 §� 0 \ ) LL k f a a � u 0 O LL. Z w Zo aZ ow Wa �L f LU O Q U m u c c 's 2 a E p IL 0 S E 0 z Y C T IN r L CLd o E z z° zd K P as 8 Z 0 N ❑ ❑ t9 b *v` o c 4�� M1 c d N O VO c d y ` 2 2 c o U W d w p �� K W v C 0 o F N �d Q o 10 J @ C N C 2I Ni. d Q U � N F, T N N d d U U � d a a � u 0 O LL. Z w Zo aZ ow Wa �L f LU O Q U m u c c 's 2 a E p IL 0 S E 0 z Y C L CLd o E m u P as 8 Z t9 Mviw � t9 o z a c d N O c d y ` 2 2 c o U W d w p N K W v 0 �d Q o o N C 2I Ni. d Q U � N F, .0 x N N d d E€ v (q d 0 N 0 33oDLLa3ww jQ Y! Z g dU oro MN a. -N Muf a' 36 N t�)O0 OOy au :.1 OCO7 V V OV V V J a LO L m u P 8 Z U � o z a c d N O c � y ` 2 2 qry m U W d w p N 0 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 8F PROJECT NUMBER: ITEM TITLE: Department Report: Public Works Department Budget Amendment for Northwest 4th Street Water Line Replacement for the Not -to - Exceed Amount of $50,000.00 hJIl:I =1IIk,Eel kilo] I=[ APmveJ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS O O b 77 0 LL Z W 0 Z W Q H ,W V D m N C�j W a) O. W m . 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O )a G Y O YL a) M N L Y N 3 rnE — C O O 7 O L U C) N 7 U a7 N ` CP W $ZH COF E m 'a-0 'O al � E 'O QI w c m �a E W o O Y y M c O Y O N fl N U c a ° r0 «c ° v e a A •'- E m G p N NUa C y T COL Q at' E Y E Ol a0 Q m 9 >C Sy C C 1a m O E C •C _ E ° 3•°L isdo 0 E« a7 o A 13 m 0 IN E Y q m N CL LL G o Gusr�p�� Fc, i; J 9 O tu Z Z Z Z 7 v IL CL 24 a IN E Y q m N CL LL G o Gusr�p�� Fc, i; J J aim � U Q O m " C m m 'E O N CL 24 a vi CO. 40 wvi m C d o v U N O O � z O Z o V J W w CY O LU JJ� 6 m LL U [ml m O 5 g E c O LL — w a ¢ O y Y ' O y y�ajm a Y Q m NQ m O O O V N M N w K 3$ _V m OO�-ON N M N M 0 0 NNW 0 0 d c�ctovvva��vaa- a � N v U N O O � z O Z o V J W w CY O LU JJ� 6 U Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: $G PROJECT NUMBER: ITEM TITLE: Department Report: Legal Department Budget Amendment for the Youth Work Life Skills Program for the Not -to -Exceed Amount of $11,828.00 MEETING NOTES pfP�)wv-(!,, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS N 00 V3 F E O LL F N d m m.2 3 m a U o y c~ 3 e a n o rn O U t y O d Oa. 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Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 8H PROJECT NUMBER: ITEM TITLE: Department Report: Legal Department Budget Amendment for Additional Funding for the Historical Society Intern Position for the Not -to -Exceed Amount of $1,110.00 MEETING NOTES pVpV-Dv L CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS zo A� w CA F E 0 LL L O LL Z W O Z W a W D m a N � y N N N > c LuYmm d U O Q:2 O c a o CU LO C C N N O N N E C o.�ECo L N 2 o N E Es Y a L N U O ~ W C N O (ouiE U vO Q N O N L 2 O O L N w' O N r l0 N O N O N YO O O (0 — Co .0CL :(D U Y Co r rn S] as � N r f0 N N L N C co d CL d a 7 M: C U c m U r Mo orD_r x E d O N ` N UFL �w c a Lrn L CU F L N (0 IL 2-0, U .(D !0 .- U O " � N O CDoN m c o E F N 00o U O c C y O r x C !!1 �' y �L of a C co Irl l0 3 a .0 N d rn S d 0 0 O C. 9 c N a C N J. a C d U C N LN a m C �U c .tom. w O N D N L O N E �w d N 0 0 nN E c CL 'a Yw L n o U y N ❑� C7 E d .00 C Ea A y u � C m �a y C O Y E oao+ a o N . 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EB CY 4p ui Z O C, U) 0 0 0 A 0 13 V z 0 10 FF 40 z C .0 cc 0 uL Ol ma R 'R E m , 0 0 U) EE 4) E Z m c E 0 10 0 E im r 'O I m 0 rt O NUM Ka o c EB CY ui Z O C, 0 0 A 0 13 z 0 10 FF 40 z C .0 cc 0 uL Ol ma R 'R E m , 0 0 U) EE 4) E Z m c E 0 10 0 E im r 'O I m 0 rt NUM EB CY ui Z O C, 0 0 13 z 0 C .0 cc 0 uL Ol ma R 'R E m , 0 0 U) EE 4) E Z m c E 0 10 0 E im r 'O I m 0 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: PROJECT NUMBER: RZ 09-006 ITEM TITLE: Ordinance No. 11 - 14? 4 An Ordinance (RZ 09-006 Southridge West Commercial) for the Re -Zone of a Tract of Land Situated in the West 1/2 of the Northwest 1/4 of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and Providing an Effective Date MEETING NOTES A-�-PVD'f C, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 BOISE IDAHO 06108(11 11:40 AM DEPUTY Bonnie Oberbillig 1111111'lllllllllll'lllll�ll'llllllll RECORDED -REQUEST OF I Meridian Ciry 111046511 CITY OF MERIDIAN ORDINANCE NO. I l - 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA AN ORDINANCE (RZ 09-006 SOUTHRIDGE WEST COMMERCIAL) FOR THE RE -ZONE OF A TRACT OF LAND SITUATED IN THE WEST ONE HALF OF THE NORTHWEST ONE QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 9.33 ACRES OF LAND FROM THE R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO THE C -C (COMMUNITY BUSINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FORA WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Cabra Creek, LLC. SECTION 2. That the above-described real property is hereby re -zoned from the R-8 (Medium Density Residential) zoning district to the C -C (Community Business) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE -ZONE - ANNEXATION - RZ 09-006 SOUTHRIDGE WEST COMMERCIAL Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1 V V1 P ,2649- apt) APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of V P , i61� Q'0 ,. ATTEST: JAYCEE L. HOLMAN, CITY �-�x--�AGTI►34 /�9s+o2 MAYOR TAMMY de WEERD ov: M IE BEA 7, -CO RE -ZONE - ANNEXATION — RZ 09-006 SOUTHRIDGE WEST COMMERCIAL Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) Wil\ On this day of di n e- '`MtO, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.move• o ss+•••+ (SEAL); S0,�X o+ t :, ++4+••o.. 5t-PC4i: me++i N ARY PUBIAC FO DAHO RESIDING AT: kteyLAtAm (r� MY COMMISSION EXPIRES: J c-ri q, �,o RE -ZONE - ANNEXATION — RZ 09-006 SOUTHRIDGE WEST COMMERCIAL Page 3 of 3 Exhibit A February 11, 2010 Pagel oft w I'HH IAND GROUP, INC. February 11, 2010 ProJect No, 109146 Legal Description Rezone Cabra Creek, LLC 9 33 Acres A tract of land situated in, the West One Half of the Northwest One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumentingthe West One Quarter of said Section 23 on the 6hterline ofSouth Ten Mile Road, from Which a brass cap monumenting the ' - Northwest Corner of said Section 23 bears North 00056'19" East a distance of 2,629.48 feet; Thence following the westerly line of said Section 23 and the centerline of said South Ten Mile Road, North. 00°56'19" East a distance of 717.25 feet to the POINT OF BEGINNING; Thence following said westerly line and said centerline, North 00°56'19" East a distance of 875.01 feet to a point; Thence leaving said said westerly line and said centerline, South 68049'35" East a distance of 103..82 feet to a point; Thence South 53048'35" East a distance of 47.26 feet to a point; Thence South 31033'47" East a distance of 219.26 feet to a point; Thence South 47039'35" East a distance of 816.93 feet to a point on the centerline of West Overland Road; Thence following said centerline, 411.56 feet along the arc of a circular curve to the right, said curve having a radius of 1,000.00 feet, a central angle of 23°34'51", a chord bearing of South 78'56'26" West and a chord distance of 408.67 feet to a point; Thence following said centerline, North 89"16'08" West a distance of 466.86 feet to the POINT OF BEGINNING Isnr4roPeArchilrrArn • I7ie P/nrmirg •Ciui(Ei�ne"irg � Galf Conde Irngolion ds•Eegineeri"g • Gmphir Coniixuiritalron 261 Canyon Cast Drive Twin Calls, Idaho 83301 P208-733-4041, P208 -733A045 • wmsarl 1 edo , tincen G:\2009\109146\Admin\Leos\Cabra Creek\I100211 Rezone 109146 doc Exhibit A February 11, 2010 rJ 1�A Page2 oft � IME LAND GROUP, INC. The above-described tract of land contains 9,33 acres, more or less, subject to any existing easements or rights-of-way. Prepared Ry; THE LAND GROUP, INC. 462 E. SHORE DRIVE EAGLE, IDAHO 83616 208.939-4041 208-939-4045 (FAX) 2--W Id Ir LnxrGmpeAnd il"I" • Sire Phm irg • Ciui/Enginun rg • Go/JCuurse lmgn/ian e>Engineengg • GmPdir Camuumirarion 261 Canyon Crest Drive, IMn Palls, Idaho 83301 P208 733-4041, P208-733-4045 • msvv.th�hwdoan viae G:\2009\109146\Admin\Legals\Cabra Creek\L. 100211 Rezone 109146doc Exhibit B Title: REZONE I Scale: I inch= 150 feet IFile: Date: 02-11-2010 Tract 1: 9330 Acres: 406430 Sq Feet: Closure=n71..5530e 0 00 Feet: Precision>1/999999: Perimeter=2941 Feet 001=n00.5619e 875.01 004=01 3347o 219.26 007=n89 1608w 466 86 002=s6S.4935e 103.82 005=s47.3935e 816.93 003=sDA835e 47,26 gad:R4A-100000 CL(T?23451 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11-IY N PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and re -zoning for a tract of land situated in the West one half of the Northwest one quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 9.33 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the '74w` day of �j fir.+-- , 2011\"�rnuruuurr of: k4FRI City of Wridian Mayor and City Council) L_ By: Jaycee L. Holman, City Clerk -P First Reading: h3' Adopted after first reading by suspension ldEf M aS, II6`wed pursuant to Idaho Code 50-902: YES ✓ NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- 14 Vq The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 11- Iq Pq of the City of Meridian, Idaho, and has found the same to be true and complete and provid�eys adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this / day of , 2011. William. L.M. Nary City Attorney ORDINANCE SUMMARY —RZ 09-006 SOUTHRIDGE WEST COMMERCIAL Page 1 Meridian City Council Meeting DATE: June 7, 2011 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES r\dcwv�- CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS