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2011-10-18
m ,__ P CITY COUNCIL REGULAR NI ETING AGEN®A Tuesday, October 18, 2011 at 7:00 PM 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird ayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda A opted 5. Consent Agenda proved A. Approve Minutes of August 23, 2011 City Council Special Meeting B. Approve Minutes of October 4, 2011 City Council PreCouncil Meeting C. Approve Minutes of October 4, 2011 City Council Regular Meeting D. Approve Minutes of October 11, 2011 City Council Workshop Meeting E. Approval of New Liquor License Application for Wood-Wood Inc. dba Beef O'Bradys Located at 1505 S. Eagle Rd., #190 F. Final Order for Approval: TEC 11-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 1 of 4 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. G. Final Order for Approval: FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Inlay and W. Magic Spruce ®rive Request: Final Plat Approval for 10 Residential Building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning ®istrict H. Task Order 10029 for Pine Trunk Sewer Connector (®esign) to JUB Engineers for the Not-To-Exceed Amount of $68,235.00 I. Order for Floodplain Variance Request of Building Addition at 975 E. Pine Street by Ada County Operations ®epartment J. Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for aNot-to-Exceed Amount of $825.00 K. Professional Services Agreement with Jeanette Light for Instructor Services N. ,- __ .le onto tF: .da: I ~.~ ~ .. of ndersan in ~. ®~n T , Inc. a ° the City ~ ° eri+ 1~ n 6. Community Items/Presentations A. Swearing In Of New Police Officers B. Success Breeds Success for Idaho Green Works Expo 2012 7. Items Moved From Consent Agenda 8. Action Items A. FP 11-009 Zebulon Heights Subdivision No.4 by Tuscany ®evelopment Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval of 12 Single- Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres roved Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 2 of 4 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. B. Public Hearing: TEC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat .proved D. Public Hearing: PFP 11-002 Van~4uken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District pprove E. Public Hearing Continued from October 4, 2011: TEC 11-007 Bellingham Park Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat rove G. Public Hearing: CPAM 11-001 Southridge Apartments by The Farrah Group, LLC Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 26.38 Acres of Land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) pprove H. Public Hearing: RZ 11-002 Southridge Apartments by The Farrah Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 3 of 4 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. Linder Road Request: TN-R and R-8 Zoning rove 9. Future Meeting Topics djourned at 8:49 Rezone of 42.36 Acres of Land from the ®istricts to the R-15 Zoning ®istricts Meridian City Council Meeting Agenda -Tuesday, October 18, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop October 18, 2011 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, October 18, 2011, by President David Zaremba. Members Present: Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Kyle Radek, Jeff Lavey, John Overton, Chris Amenn, Mollie Mangerich, Steve Siddoway, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Zaremba: Good evening, everybody, and welcome to this regular meeting of the Meridian City Council. It is Tuesday, October 18th, 2011. It is 7:00 o'clock. We are very happy to have you all here. First order of business will be roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Zaremba: Next we will have the Pledge of Allegiance. If you will all, please, join me. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center Zaremba: Thank you. Next order of business is the community invocation by Pastor Gordon Slyter with Treasure Valley Worship Center. Here he is coming. Good. Thank you. Would invite you all to partake in the invocation or take this as an opportunity for a silent reflection on your own. Thank you. Slyter: Father in Heaven, we come before you tonight. Again, Lord, we thank you for this community and city where we live. We thank you, Lord, for the leadership that we enjoy. Thank you for the protection provided by our police force, our firemen, our first responders. We pray, Lord, tonight for your wisdom, that you would guide each one that speaks, every decision that is made. Lord; would you lead to peace, civility, and understanding and we thank you for these things in advance, giving you praise, through Christ, our lord, we pray, amen. Meridian City Council October 18, 2011 Page 2 of 40 Item 4: Adoption of the Agenda Zaremba: Thank you. Item No. 4 is the adoption of the agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: A couple things on tonight's agenda we need to make note of. Under the Consent Agenda, Item 5, 5-L is resolution number 11-811. We have two items we need to add to the Consent Agenda, 5-M, which is a release and settlement agreement with TMC, Inc., and 5-N is a Memorandum of Understanding between TMC, Inc., and the City of Meridian. Also under Item 8, Action Items, 8-C, we have a request to continue this item to November 1st. And with that, Mr. President, I move approval of the agenda -- the adoption of the agenda as amended. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of August 23, 2011 City Council Special Meeting B. Approve Minutes of October 4, 2011 City Council PreCouncil Meeting C. Approve Minutes of October 4, 2011 City Council Regular Meeting D. Approve Minutes of October 11, 2011 City Council Workshop Meeting Approval of New Liquor License Application for Wood-Wood Inc. dba Beef O'Bradys Located at 1505 S. Eagle Rd., #190 F. Final Order for Approval: TEC 11-006 Shops at Victory by DMG - Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory G. Final Order for Approval: FP 11-008 Spurwing Grove IVo. 2 by Meridian City Council October 18, 2011 Page 3 of 40 SING Erighton, LLC Located at Northwest Corner of N. Jayker way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Euilding Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District H. Task Order 10029 for Pine Trunk Sewer Connector (Design) to JUG Engineers for the Not-To-Exceed Amount of X68,235.00 I. Order for Floodplain Variance Request of building Addition at 975 E. Pine Street by Ada County Operations Department J. Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for aNot-to-Exceed Amount of $825.00. K. Professional Services Agreement with Jeanette Light for Instructor Services L. Resolution No. 11-811: A Resolution of the City of Meridian Providing for an Update of the Grievance Procedure for the City of Meridian in Connection with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act M. Amended onto the Agenda: Release and Settlement Agreement with TMC, Inc. N. Amended onto the Agenda: Memorandum of Understanding between TMC, Inc. and the City of Meridian Zaremba: Item 5, the Consent Agenda. Hoaglun: Mr. President, as noted on the Consent Agenda, we have 5-L, resolution number 11-811 and also we are adding onto the Consent Agenda, 5-M, Release and Settlement Agreement with TMC, Inc., and 5-N, Memorandum of Understanding between TMC, Inc., and the City of Meridian. With those three changes I move approval of the Consent Agenda and the Mayor to sign -- or Council President in this case and Clerk to attest. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All affirmative. Motion carries. Meridian City Council October 18, 2011 Page 4 of 40 MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Swearing In ®f New Police ®fficers Zaremba: We are already to Item 6, Community Presentations, and our first item, 6-A, very pleased to have swearing in of new police officers. Chief Lavey, please. Lavey: Mr. President, Council, it's always a great opportunity to come here in front of you and introduce new police officers. First I want to extend congratulations from Mayor de Weerd to our new officers. She couldn't be here this evening. She wishes she could and she felt real bad about it and wanted me to pass that along, so I told her I would. I'd like to have Officer Heidi Lott, Justin Dance, and Kirk York come up here and if they could stand right over here in front these -- these people. And, then, if I could have Officer Kevin Wilson come up as well. And, then, I'll explain what we are going to do here. On October 4th we had four officers -- actually, we had three officers that actually started their careers with the Meridian Police Department. All three of these officers were lateral transfers from other agencies in the state. We also have three more conditional officers out that we are processing and they should be done with that this week with any luck and I will be in front of you again next month introducing the final three. I currently have no positions open in the department -- and I have probably just jinxed myself, because it will probably only last for a couple of days, but we will appreciate it as long as we can. We haven't been full staff for an awful long time. Kirk York, far left over here. Kirk, raise your hand. Actually came to us from the Boise city police department. He was assigned out at the airport. He decided he wanted to come to the Meridian community and work out here after several years of a K-9 handler out at the airport. So, Kirk has started his career with us here on October 4th. Heidi Lott actually comes to us from the American Falls police department. She decided to come from eastern Idaho to the southwestern part of the state. Justin Dance has actually came from that area as well. He came from Bingham county. And, then, Kevin Wilson actually has been with the Meridian Police Department for several years, but I'd like to point out, too, that Kevin came from the Idaho State Police. And, then, Kevin this evening is actually receiving a promotion from officer to corporal and, then, starting on October 21st he will be assigned to the patrol division here at the police department. So, with that being said I'd like to have all four officers raise your right hand. I -- state your name. Do solemnly swear or affirm that I will support the Constitution of the United States and the Constitutional laws of the state of Idaho and the laws and ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department. That I will obey lawful orders and directives of those appointed over me and that I will to the best of my ability faithfully discharge all the duties of police officer in and for the City of Meridian, Idaho, so help me God. Congratulations. Go ahead and have family members come forward. We actually have -- each one of the officers have chosen a family member to pin the badge on the officer. After we pin the badge on, any family member that has a camera Meridian City Council October 18, 2011 Page 5 of 40 that wants to take pictures or, Frank, if you want to take pictures as well, come forward. Go ahead and pin the badges. There was no screaming, so we must have been successful. Mr. President and Council, I would like to introduce to you the three new officers and the newly promoted corporal to the Meridian Police Department. Did any family have pictures -- that want to get pictures? Zaremba: While they are deciding whether they want pictures or not, I would like to welcome you all to Meridian and congratulations on joining us or being promoted. This is a community that highly values our police and they are very respected in the community. We are glad to have you here. Thank you. Hoaglun: Yeah. Chief, thank you for the ceremony and thank you for joining the city and we just echo what has been said. We value your work and we look forward to seeing you out there and -- some of the citizens won't, but we appreciate that. Bird: Thank you very much for joining our force. We enjoy having you. Lavey: Thank you, Council. ~. Success Breeds Success for Idaho Green VVor{cs Expo 2012 Zaremba: Thank you. Next item on our agenda, 6-B, Success Breeds Success for Idaho Green Works Expo 2012. Mollie. Mangerich: Hello. Good evening, Council President and Council Members. I'm pleased to introduce to you this evening the board member president and the executive director of Green Works Idaho who contacted me a few weeks ago with the wished expression to come before you tonight and tell about the expansion in their very popular statewide Green Expo to be held this coming year and to see if Meridian wants to get involved in it. Thank you. Poe: Hi. Mr. President and Council, thanks for giving us the opportunity to present tonight. I'm Bruce Poe. I'm president of Green Works Idaho that -- the organization that runs the Idaho Green Expo. I'm also a business owner in Boise. I have an architectural firm Modus Architecture and so I come from the business side of things. A few years ago -- about five years ago I was involved in some efforts around Boise with -- this building is a LEED certified building and our firm got involved in the USGVC and we are heavily involved in, you know, green design. That led me to thinking about trying to create an organization or an event that would allow the public to get more involved in these types of ideas and to educate each other about it and so along with Greg Otero, who is actually sitting back there, he is our executive director, we created a 501(c)(3), called the Idaho Green Expo and the concept was to pull organizations together that had similar ideas and thoughts under one umbrella and, then, run an expo for the public for the people -- the citizens of Idaho and we didn't call it the Boise Green Expo, because we eventually knew that we would be taking it to, hopefully, the entire state. Meridian City Council October 18, 2011 Page 6 of 40 The first year we started with nothing. It was totally ashoe -- we started from a shoe string and we were able to within nine months raise enough money -- I think it was right in the vicinity of about 175,000 dollars to -- to hire Greg as the executive director. We also pulled on a program director and also a marketing person and we held the first Green Expo over a two day period, a weekend in Boise, and we pulled in about 10,000 people over two days. Since then -- and this will be the fifth year this coming year, we have had about the same attendance each year. We have held it in the downtown location in Boise at the Boise Center on the Grove. Now, the idea behind this, again, is to bring the citizens together and we have reached a point now where we know that we can grow this and we had decided and approached the county about taking it to the county fairgrounds and so that's where the location will be this coming June. I presented it to the county commissioners and they are excited about it, and they are on board with this. The city of Boise has also been a partner with us. We approached them at the beginning and we didn't ask anything from them, we just said we just want your support and we would like you to help us get citizen involvement and that's -- and they have been involved ever since. Now that we are at the -- the fairgrounds, we are taking it to another level. We have the United States Green Building Council, Idaho chapter, involved in this. We also are approaching some local car dealerships and we have gotten very positive feedback, because there is a very large number of green electric hybrid cars coming out in the market this year and next year and the idea is that we want to -- to combine this with a green car, electric car, hybrid car, trade show at the same time and I believe that's going to work very much in our favor to grow this. So, we decided that we would come over to Meridian and throw it out there in front of you and say, look, we would like to do the same thing we did to Boise, which is invite you to the expo. We would like to be able to say Boise city, Meridian, Kuna, Eagle and Nampa, Caldwell, all support the expo. Now in what ways can you support that? And that is just by letting us put the name on and also one thing that Boise city did is they volunteered to put some of our promotional information in their utility billing. So, they would just, you know, send it out with the utility billing and so that we could spread the word. They also started eventually, as they got more involved in it, they had staff people volunteer their time over the weekend and it worked out very well for -- for everyone involved. And so what we are here to do is to give you a feel for what the expo is about and I have got some pictures and I -- there is only about 15 or 20, but it will give you a feel as I go through these as to what it's all about. We have about 140 booths typically every year and the concept is, again, to support small businesses that have a green or sustainable approach to the world and we have sold out all the booths every year. We, in fact, have created another organization called Greenworks Idaho after the initial success of the expo, we thought, well, we need to do this year around and so we created the Greenworks Idaho and we -- as we are evolving it is becoming more -- kind of like a green chamber of commerce. The small business people come to us, we try to support them, and try to help them grow their businesses. And so the green -- the Greenworks Idaho is now the entity that runs the expo. All right? So, if you hear those two terms, that's what's going on. But the first image here is just one -- this just actually happens to be Greg. Greg and his daughter. And I don't know what they are talking about, but -- here is another one where we had some kids from a local high school on the outside of Meridian City Council October 18, 2011 Page 7 of 40 the building out in the plaza and they are presenting some of the materials they have. We have representation from different organizations, such as this one. We have small businesses, the North End Organic Nursery from Boise always has a booth. And, then, as you can see we have -- and this gives you kind of panning down the -- one of the aisles, but, again, this is just one of 140 booths -- 140 small businesses people that participated and, again, thousands of people come to see it. This was outside. And, again, we have always focused on energy and trying to educate people about energy and the different types of energy that's out there that we can harness, besides just your traditional sources. We took -- we concentrate on homes and gardens and we had -- one of our sponsors was Exergy, which is wind power. And other small business people. You can see the children with their parents. And Zamzow's. Kitchen Trap was there. People on the outside having fun. Music. We have this gentleman here has been growing his business for the last three years, has been part of the festival -- or the expo each year and he's growing his business. Here is a little elderly lady that was dancing to the music. We talk about water. This is an urban garden booth. And, again, this was the entrance to the expo. We have other small businesses. Gem State Solar. The U.S. Green Building Council. Aurora. We have a gentleman from a ranch that -- that markets natural foods. So, this gives you a very small piece of what the whole thing is all about. But, again, we have taken a risk in taking it to the county, because we had a very successful event in Boise. But, again, the intention at the very beginning was not to just make it a Boise event and so this is our first presentation to another city and we hope that you will, you know, take it into consideration. And, Greg, do you have anything to add to that? Zaremba: You need to be on the microphone, please. State your name if you would also. Otero: My name is Greg Otero. I'm the executive director of Greenworks Idaho. And, yes, thank you for allowing us to have some of the time here tonight. Yeah. Bruce basically said it all and just one of the things I guess I want to add is that it does give, you know, you an opportunity to show to the public things -- any green initiative that you have been doing or maybe have planned to do in the future. For example, again, the way the city of Boise did it, they actually had a booth there and talked about some of their green initiatives and -- whether it's waste or recycling and so forth. So, it does give you an opportunity to be present there and we got people from all over the Treasure Valley. So, we just kind of wanted to open this up to more communities and that's why we are here and we just hope you will consider it and join us in any way. We could go all kinds of different ways that we could partner together if you're interested, so -- Zaremba: Great. Thank you. Council, any questions or comments? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Meridian City Council October 18, 2011 Page 8 of 40 Hoaglun: Just a quick question. Greenworks Idaho, how is that organized? Is that a 501(c)(3)? Poe: They are both 501(c)(3). Hoaglun: Okay. Poe: They have a board of directors for business people and educators and -- a strong board and it's a real organization with real employees and we try to -- we try to -- you know, we try to educate the public in all these ideas and give people an opportunity to network and to talk and to learn. Oterio: And we have 146 I think now green business members that belong to us and that's basically our main goal is to kind of promote these small local green businesses. Hoaglun: Sort of like a green buy Idaho I guess. Otero: Yeah. Exactly. Hoaglun: Okay. Poe: Okay. Anything else? And, again, typically, when we went before Boise city, they were expecting us to come with our hands out and we didn't and we are not doing that to you either. We are just presenting the concept to you and we would love to have your involvement. It's up to you to see, you know, how far you want to take it and what you would like to do. Thank you. Zaremba: I appreciate the presentation and it's nice to see an idea about doing good doing well and -- I don't know how much discussion we need. We certainly can endorse your project, I believe. Would we need to vote on that? Hoaglun: Mr. President, when is this conference coming -- Poe: It's in June. Hoaglun: In June of next year. Okay. So, we'd have some time we can ask Mollie some questions if we need any additional information, so -- Poe: And I would like to point out that we started this when the economy was starting to go into a down turn and we have successfully run it every single year and I think that shows you the type of interest there is out there and the message that we are putting out on the street. So, thank you again. Zaremba: I think that's a good idea. If you would work together with Mollie and she will make a proposal to us and move ahead. Meridian City Council October 18, 2011 Page 9 of 40 Poe: All right. Otero: I have to give you -- when we met with Boise City Council they had plastic water bottles and I see you guys all have reusable water containers, so good job. Item 7: Items Moved From Consent Agenda Zaremba: Thank you. Okay. Item 7. There are no items moved from the Consent Agenda. Item 8: Action Items A. FP 11-009 Zebulon Heights Subdivision No.4 by Tuscany ®evelopment Located South of E. McMillan Road and West of M. Eagle Road Request: Final Plat Approval of 12 Single- Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres Zaremba: So, we will move onto eight. Action Items. Item A is final plat 11-009, Zebulon Heights. We will start with the staff report. Watters: Thank you, Councilman Zaremba, Councilmen. Just a quick correction. On the applicant for this final plat for Zebulon Heights Subdivision No. 4, the applicant is actually Traditions by Amyx II, LLP, not Tuscany Development. The staff report was corrected, but the agenda was not updated. This site consists of 7.22 acres of land. It's currently zoned R-4 and is generally located a half mile south of East McMillan Road and a half mile west of North Eagle Road. The request is for final plat approval of the third phase of Zebulon Heights Subdivision No. 2, consisting of 12 single family residential building lots and two common area lots on 7.22 acres. The plat includes a 3.44 acre common area that serves as a central common area for Zebulon Heights Subdivision and it's proposed to accommodate a swimming pool, pond, multi-use pathway and tot lot. Written testimony was received on this application from Becky McKay, the applicant's representative, in response to the staff report. She had cited three different items that I'm going to address one by one. In regard to site specific condition number 4-B and E, the applicant requests number 4-B is revised to read: The City of Meridian is responsible for the maintenance of the pathway surface located within the multi-use pathway easement -- and just add the following text: At such time that the pathway connects from one major street to another and is greater than one half mile long. Until such time the homeowners association shall be responsible for maintenance. And that number 4-E be stricken. Staff is in agreement with the applicant's request and recommends approval of this change. In regard to site specific condition number ten, the applicant states that a pond is now proposed as a water amenity in place of the storm water retention facility originally proposed on Lot 1, Block 12. Staff recommends condition number ten regarding requirements for storm water facilities be replaced with the following: The proposed pond shall have recirculated Meridian City Council October 18, 2011 Page 10 of 40 water and be maintained such that it does not become a mosquito breeding ground in accord with UDC 11-3B-9C6. In regard to general requirement number three that requires a letter of credit or cashier surety to be submitted for all uncompleted amenities prior to signature on the final plat, the applicant requests to not be required to submit surety for the swimming pool with the restroom, locker, and changing areas. In accord with UDC 11-5C, in the event that improvements not needed to protect the public health, safety, and life, including site amenities, cannot be completed prior to signature on the final plat by the city engineer, a surety agreement may be approved. Just to note that typically amenities such as this are constructed with the first phase of development for the enjoyment of the residents. This is the third phrase of development. One hundred and seventy-five building lots were approved with the preliminary plat. Ninety- six lots have been platted and 79 building lots remain to be platted after this phase. Surety similar to this have been required in the past in accord with the Unified Development Code. Staff is recommending approval of the final plat with the aforementioned changes to the conditions of approval. Staff will stand for any questions the Council may have. Zaremba: Council, any questions? Bird: Not at this time. Zaremba: Okay. This is not a public hearing, but would the applicant like to make any comments? As usual, please, state your name and address for the record. McKay: Becky McKay with Engineering Solutions, 1029 North Rosario, Meridian. Business address. Thank you, Mr. President, Members of Council. I'm here on behalf of Todd Amyx this evening. He could not attend the meeting. He wanted me to chat about the condition of bonding for the clubhouse and pool. It's been a rarity that we have had to bond for a clubhouse and pool facility. We bond for pressurized irrigation, fencing, playground equipment, benches, multi-use pathways and, then, any essential public facilities. I know Anna's gone, but -- and this always comes when people leave. Her and I did have a conversation years ago, just in general, not on this particular project, and she said, you know, I have never required that you bond for a clubhouse, changing rooms, or a pool, because it's at the discretion of the developer as far as what these amenities consist of and I realize that would tie up a lot of money and so it has been -- I have never had a municipality require that I bond for it. I had asked staff to provide me a couple of examples. They indicated Messina Hills and Crossfield. But my records showed on Crossfield that we didn't bond for it. So, I'm not sure if that was accurate or not. Mr. Amyx is willing to bond for everything. His primary concern is tying up those dollars. These facilities -- you know, they are estimated to cost around 200,000, 110 percent of that is 220,000. He -- the whole reason we are bringing this phase on -- it's just a small phase, I think there is like 13 -- or 12 lots -- 13 with this one -- is in order to build this facility. He plans on pulling a permit this spring, as soon as the weather permits and, obviously, when we can get in there and obtain a building permit for that particular amenity lot. I guess we asked the Council to -- to kind of consider, Meridian City Council October 18, 2011 Page 11 of 40 you know, the times that we have. Mr. Amyx said, you know, I'm -- I'm in my fourth phase of this project, it was approved back in '05 and, you know, I have followed the rules through every phase and I just ask that -- that you not make me bond for that and tie those monies up. He said he would be willing to bond for a percentage of it if the Council was more comfortable with that, but he -- he just thinks that that is excessive. Do you have any questions? Other than that we are in agreement. Zaremba: Council, any questions? Comments? Bird: I have none. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Just to clarify, Becky. It's the pool and the clubhouse? McKay: Yeah. It's a pool and changing room facility. Yes, sir. Rountree: Okay. McKay: Yes, sir. That is it. Everything else will be bonded for. Rountree: And a question for you or staff. At some point in time, at the discretion of the developer, they choose not to move forward with the pool and the changing room, they're still in compliance with the amenities and open space requirements of the UDC? Watters: Councilman Rountree, Councilmen, they were required to build the swimming pool and the changing area and, actually, a restroom facility as part of their preliminary plan. So, they had shown that, therefore, it -- it is a requirement that they construct those improvements. Rountree: So, my question was was it a requirement or was it something the developer had in mind when he brought the development forward, as opposed to say a playground or some other kind of a park amenity? Watters: If I'm hearing you right, the swimming pool and the restroom facility was what the developer proposed originally. Therefore, it was shown and it is a requirement. Rountree: Okay. McKay: Mr. President, Councilman Rountree, if I could answer that, we do have over ten percent qualified open space in the project. We are just a little bit under 11. We have also amulti-use pathway that's an amenity. We have playground equipment that's being installed with this phase and we have detached walks with the eight foot Meridian City Council October 18, 2011 Page 12 of 40 landscaped strip throughout all of the local streets, with the exception of one small cul- de-sac. So, you know, we kind of went above and beyond. We have low density. My average lot size in this phase is 11,300 square feet. So, you know, these are bigger lots and I -- we have more than enough amenities, I think, based on what the requirements were at the time this project was approved. Hoaglun: Mr. President and Mr. Becky, I guess -- so, this is what he's proposed, this is what he's selling lots based on this plan, this vision -- McKay: Yes, sir. Hoaglun: -- so if the swimming pool, clubhouse, isn't built, then, he's got to answer to the residents -- McKay: Absolutely. I think his liability would be very high here, because, yes, that -- he has promised them that it will be built the spring of this coming year, no exception. Hoaglun: And, Mr. President, just -- to make sure on that other condition for the -- the pond, you're okay with it requiring for circulation and all that? McKay: Absolutely. Yes, sir. Hoaglun: All right. Thank you. Zaremba: On the pond I would ask is it still going to function for the storm water retention -- what are you doing about that otherwise, because that's still required I would assume. McKay: Mr. President, in this -- in this subdivision all of our storm drainage is subsurface seepage beds. So, the pond is solely as a water amenity and we are only allowed to take our 24 hour water right from Settlers Irrigation District, so their recommendation, due to the size of this project, that we store water and pump from a pond versus out of the lateral and so it was based on their recommendation that we incorporated. It has no storm drainage function whatsoever and it always has water in it. We have bentonited, so that it looks good and holds water. Zaremba: Okay. Thank you. McKay: Thank you. Zaremba: Further questions or comments? Anything further from Sonya? Watters: No. Zaremba: Okay. Meridian City Council October 18, 2011 Page 13 of 40 Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I would move that we subject to the change in conditions bond or surety for the pool and changes. Bird: Second. approve the final plat for Zebulon Heights No. 4, as stated by staff, with the exception of requiring a changing rooms, that that not be included in the Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. The motion carries. MOTION CARRIED: ALL AYES. 13. Public Hearing: TC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat Zaremba: We are onto Item 8-B. This is a public hearing. I will open the public hearing for TEC 11-008 for Woodland Springs and, again, begin with the staff report. Watters: Thank you, Councilman Zaremba, Councilmen. The next application is a time extension for the preliminary plat for Woodland Springs Subdivision. This site consists of 3.03 acres of land. It's currently zoned C-N and is located on the east side of North Locust Grove Road, north of McMillan Road. Their request is for a two year time extension on the preliminary plat for Woodland Springs Subdivision in order to obtain the city engineer's signature on the final plat for the second phase of development. The first phase final plat has been recorded. This is the second time extension requested for this project. Approval of the extension will allow the applicant to proceed with the platting process for the second and final phase of development. There is a development agreement in effect for this site that requires compliance with building elevations, a concept plan, site amenities in compliance with all City of Meridian ordinances in effect at the time of development. Since the preliminary plat was approved the city has adopted guidelines for design review of structures and general site layout. Staff recommends as a condition of approval of the subject time extension that future development comply with these guidelines and standards. Written testimony Meridian City Council October 18, 2011 Page 14 of 40 was received from Matt Morgan, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the time extension to expire on September 9th, 2013. Staff will stand for any questions Council may have. Zaremba: Council, any questions? Rountree: I have none. Zaremba: Okay. This is a public hearing. Is the applicant here to -- care to make any comments? I guess that's a no. Hoaglun: He's here, but no comment. Zaremba: Yeah. Here, but no comment. Thank you. I will repeat that to get it on the record. And this is a public hearing. I don't have anybody signed up to speak, but this is your opportunity if you wish to speak in favor or against or make a comment on this one application. Seeing none, Council? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on TEC 11-008. Rountree: Second. Zaremba: We have a motion and a second Motion carries. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move approval of the TEC 11-008, Woodland Springs by Woodland Springs, LLC. Bird: Second. Zaremba: I have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. Thank you very much. Meridian City Council October 18, 2011 Page 15 of 40 MOTION CARRIED: ALL AYES. C. Public Hearing: RZ 11-003 Fingsbridge by HH Kingsbridge, LLC Generally Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Rezone of 38.31 Acres of Land from the R-2 Zoning ®istrict to the R-4 Zoning ®istrict Zaremba: We will move onto Item 8-C. This is another public hearing, RZ 11-003 on Kingsbridge. And we will begin again with the staff report. Rountree: It's been requested to -- Watters: Kingsbridge is requested to continue until November 1st. Zaremba: Oh, I'm sorry. Okay. So, it is open, but it has been requested to continue and I would entertain a motion to move it to November 1st. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we continue public hearing for RZ 11-003 -- or 003 until November 1st, 2011. Hoaglun: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. It is moved to November 1st, 2011. Thank you. MOTION CARRIED: ALL AYES. ®. Public Hearing: PFP 11-002 VanAuken Subdivision by Mason ~ Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) building Lots on 5.20 Acres of Land in a C-C Zoning ®istrict Zaremba: Item 8-D, public hearing PFP 11-002, Van Auker -- Van Auken Subdivision by Mason and Stanfield. And go ahead, Sonya. Watters: Thank you, President Zaremba, Councilmen. The next application is a preliminary/final plat for Van Auken Subdivision. The site consists of 5.2 acres of land. It's currently zoned C-C and is located at 34 East Fairview Avenue on the northeast corner of Fairview Avenue and Meridian Road. The request is for a combined Meridian City Council October 18, 2011 Page 16 of 40 preliminary and final plat consisting of two building lots on 5.2 acres. The proposed plat will subdivide one parcel into two parcels which each of the existing structures and associated parking will be located. No new access points are proposed or approved with this application. Staff recommends cross-access, ingress-egress, and cross- parking easements be provided internally between the proposed lots and externally to the Albertson's property and the property to the east as applicable. The existing parking lot and street buffer landscaping does not meet current UDC requirements. However, it's considered a nonconforming use, as it lawfully existed prior to the effective date of the UDC. As such the nonconforming use may continue as long as the use remains lawful and is not expanded or extended. In addition -- if an addition is proposed in the future to any of the existing structures, the guidelines for conformance to landscaping standards listed in UDC 11-3B-2D and the requirements listed in UDC 11-1 B4 for the extension of nonconforming uses are applicable. The Commission recommended approval of the preliminary/final plat at their September 15th public hearing. Scott Stanfield testified in favor of the application. No one opposed or commented on the application. Written testimony was received from Scott Stanfield, the applicant's representative, in agreement with the staff report. There were no issues of discussion by the Commission or changes to the staff recommendation and no written testimony has been received since the Commission hearing. And there are no outstanding issues for City Council. Staff will stand for any questions Council may have. Zaremba: Thank you. Council, any questions? Rountree: None. Bird: I have none. Zaremba: In that case, the applicant. And if you would begin by stating your name and address, please. Stanfield: Yes, Mr. President. Scott Stanfield, with Mason Stanfield Engineering and Surveying, 826 3rd Street South in Nampa. And I will make this as short as I can. Basically, pretty much straight forward request and thank you, Sonya, for all your help in this application over the weeks that we have been waiting to get to this point. But, basically, if you're aware -- I don't know if you're aware or not, but the Holly Plaza lost a long time tenant on that corner, they took advantage of the building climate and elected to build their own building elsewhere and that left the Holly Plaza, LLC, with an empty building. They have tried to lease it, but had no takers. Instead, they have had some various parties interested in purchasing it. So, he thought, well, go ahead and create the lot and throw it on the market and see if he could sell it. So, that's the simple straight forward facts and we are in agreement with the staff report and stand with any questions that you may have. Zaremba: Council, any questions? Meridian City Council October 18, 2011 Page 17 of 40 Rountree: I have none. Bird: I have none. Rountree: You answered my questions. Zaremba: Thank you. Stanfield: Thanks. Zaremba: Scott was the only one who signed up to testify. Is there anybody else? This would be your opportunity to come forward and express your opinion. Seeing nobody moving, Council? Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we close the public hearing on PFP 11-002. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Mr. Bird. Bird: Mr. President, I move that we approve PFP 11-002 and to include staff and applicant comments. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. E. Public Hearing Continued from ®ctober 4, 2011: TEC 11-007 Bellingham Par4c Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of W. Amity Road Request: Two (2) Year Meridian City Council October 18, 2011 Page 18 of 40 Time Extension on the Preliminary Plat Zaremba: Onto 8-E. This is a public hearing continued from October 4th, TEC 11-007 for Bellingham Park Subdivision. And staff report. Watters: Thank you, President Zaremba, Councilmen. The next application before you is a time extension request on the preliminary plat for Bellingham Park Subdivision. The site consists of 11.85 acres of land. It is currently zoned R-8 and is located approximately a quarter mile east of South Locust Grove Road and a half mile north of East Amity Road. The request is for a two year time extension on the preliminary plat for Bellingham Park Subdivision in order to obtain the city engineer's signature on the final plat for the fourth and final phase of development. This is the second time extension requested for this project. Approval of the extension will allow the applicant time to update and reroute the construction documents to the appropriate agencies for approval. A planned development was approved for this subdivision that required compliance with the building elevations shown. The project meets all of the established criteria, dimensional standards, open space, pathways, et cetera, in the UDC for granting a time extension. Written testimony has been received from John Wardle, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the subject time extension to expire on July 3rd, 2013. Staff will stand for any questions Council may have. Zaremba: Council, any questions? Bird: I have none. Zaremba: No questions on this one. Is the applicant here? Thank you. Please begin with your name and address. Wardle: Yes. My name is John Wardle. My address is 1627 South Orchard Drive in Boise, Idaho. I'm with Conger Management Group on behalf of the ownership LLC. We do agree with the staff report and request your approval tonight. Zaremba: Great. Any questions? Bird: I have none. Rountree: I have none. Thank you. Zaremba: Thank you. Again, this is a public hearing. I don't have anybody besides John signed up, but this is your opportunity to come forward. Seeing none, gentlemen? Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Meridian City Council October 18, 2011 Page 19 of 40 Hoaglun: I move we close the public hearing on TEC 11-007. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move approval of the TEC 11-007, Bellingham Park Subdivision. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. MOTION CARRIED: ALL AYES. F. Public Wearing: CPAII~ 11-002 Millennium Retail Center by Jeffrey Wall Located Generally at the Southwest Corner of W. Overland Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map ®esignation on 2.54 Acres of Land from Wigh ®ensity Residential (W®R) to Commercial Zaremba: We are onto 8-F. This is, again, a public hearing and this is CPAM 11-002 for Millennium Retail Center. Waiters: Thank you, President Zaremba, Councilmen. The next application before you is a Comprehensive Plan map amendment for Millennium Retail Center. This site consists of 2.54 acres of land. Is currently zoned L-O, Limited Office, and is located at 9977 and 2045 East Overland Road on the southwest corner of East Overland Road and South Millennium Way. A little history on this project. In 2000 the property was rezoned to L-O and platted. A Conditional Use Permit planned development was also approved that allows for retail uses to develop on the lot on the corner of Overland and Millennium. A conceptual development plan was approved with planned development that depicts a 22,237 square foot retail building on the corner lot and a 15,960 square Meridian City Council October 18, 2011 Page 20 of 40 foot office building on the lot to the west. An office for Corey Barton Homes was constructed on the western lot, but the corner lot remains vacant. The request is for an amendment to the future land use map contained in the Comprehensive Plan to change the land use designation on two parcels of land totaling 2.54 acres from high density residential to commercial. The applicant requests a subject map amendment in order to develop the property on the corner with adrive-thru restaurant and a small retail strip behind consistent with the proposed commercial land use designation. The office that exists on the western property will remain. A development plan was not submitted with this application, nor was a rezone application. If the site develops as proposed, a modification to the development plan approved with the planned development is required, along with a rezone and Conditional Use Permit for adrive-thru establishment. Because the property on the corner is already approved through the planned development to develop with retail uses, which are not typically allowed in the L-O district, the map change to commercial, along with a subsequent rezone of the site to a commercial zoning district would remedy the nonconformance of the zoning in relation to approved uses. However, a rezone to a commercial designation would also open the site up to other commercial uses and hours of operation that were not contemplated in the planned development that may not be compatible with adjacent residential uses. If the applicant wishes to develop this site with retail uses, as opposed with the planned development in accord with the concept plan, he could proceed with a certificate of zoning compliance and design review application without further approvals. Business hours of operation would be restricted per the L-O district of 8:00 a.m. to 10:00 p.m., harmonious with the adjacent residential use as required by the planned development. The Commission recommended denial at the September 15th public hearing. Jeffrey Hall testified in favor of the application. Jared Heiner and David Meisner testified in opposition. No one commented. Written testimony was received from Jim Jewett. Key issues of discussion by the Commission was the appropriateness of a commercial land use designation and subsequent commercial zoning adjacent to existing multi-family residential uses. Preference for the rezone to be submitted with the map amendment request, so that the whole package could be reviewed at the same time. Key Commission changes to the staff recommendations. The Commission voted to recommend denial of the map amendment request as presented during the hearing. No written testimony has been received since the Commission hearing on this application. There are no outstanding issues for Council. Staff will stand for any questions Council may have. Zaremba: Thank you. Council, any questions at this point? Bird: I have none. Rountree: Not right now. Zaremba: Not right now. Okay. Thank you. And would the applicant care to comment? Good evening. Please state your name and address for the record. Meridian City Council October 18, 2011 Page 21 of 40 Jewett: Mr. President, Members of the Council, my name is Jim Jewett. My address is 2440 South Eagle Road, Meridian, Idaho. We are in front of you tonight with this application, because it started with a request from Jeffrey Hall as to relocate or -- a restaurant in that vicinity and looking at this piece it had amulti -- high density multi- family designation on its comp plan, an L-O on its zone and a PD that allowed for retail uses, all conflicting themselves. So, it's hard for us to look at marketing to anybody or even being able to offer to even go to the next step of a conditional use application or rezone application without some sense of really how should this property develop outside of its original PD back in 2000 of just straight retail. So, we met with staff and decided we would go down the path of a comp plan amendment to see where the city wanted to be with this property. It sits on Overload Road on the corner of Millennium Drive, which accesses the high school and L-O, the high residential and some other businesses to our -- to our east. At the neighborhood meeting we had no objection to it. At the Planning and Zoning there was a couple members of the apartments, whether it be owners or members of HOA, that objected to the restaurant uses, because of the potential odor or smell from the restaurant that would -- would come over the multi- family apartments. We recognize a responsibility to buffer the residential uses with any type of commercial, whether it be special office, retail, or food related. But for us to bring forward an application that would have a CU with adrive-thru or a rezone, we have to have some cohesion in what the comp plan is. Right now it's high density residential with an L-O zone. So, we are looking for guidance from the Council on how they would like us to proceed. Because, clearly, high density residential in an L-O zone and a PUD for a retail just don't mix. So, I'll stand for questions as to how you would like me to proceed or any general questions about what we would like to do. Zaremba: Gentlemen, questions or comments at this point? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Jim, we have a problem. What kind of suggestions do you have in terms of -- you indicated the need to buffer between the high density residential and whatever commercial use that might be there. Do you have a recommendation of what might not be an applicable use in that site given the things you know about what is allowable in the commercial zone? Jewett: Clearly -- bar. A restaurant that would directly butt up to the apartments would -- is not something that I would propose or I would think would be acceptable. Having a fast food establishment on the corner with a commercial strip between that and the apartments -- there can be some level of buffering between that -- those uses. So, you go from more intense to less intense as it gets right up against the -- but certainly nothing that's going to stay up past 10:00 o'clock that's adjacent. But on the corner when you have another building between those uses -- something like that should be allowed to stay open later than 10:00 p.m. and the fast food or coffee shop -- even a Meridian City Council October 18, 2011 Page 22 of 40 bank with adrive-thru -- I mean that's not even allowed on what we have right now and we think that's an appropriate -- that certainly wouldn't stay open past 6:00 or 7:00 o'clock at the latest. Certainly the whole gamut of commercial under C-C against the residential probably is not something that I would think would be acceptable, but some level between the two. Rountree: You sat with staff and -- and worked through that at this point? Jewett: Well, we worked with staff initially and, again, this is a comp plan amendment, so we simply can have the next foot hold. I think staff was making some recommendations at P&Z of how that zoning would be if a rezone -- if the commercial designation was approved there had to have been some restrictions with the rezone to allow for that buffering and we are certainly amenable to have that discussion and work it out, but that's probably the rezone and the CUP part of it. We have to figure out, first, if it's even acceptable to even have commercial. Just for another point of clarification, this PUD that was approved in 2000 encompassed the apartment site, this site, Corey Barton's office and the Fast Eddy's and the LDS church. So, there has been numerous CUs that have come in amending it down the road. Zaremba: I don't know if it helps, but in that time frame some of the current confusion would have been caused by a procedure at that time that we did an underlying zone and, then, allowed ten percent use exceptions or something, which we no longer do. We identify each zone the way it should be. But this sounds like it may be -- I thought we had found all of those, but this maybe one of the hold over's from that. Jewett: Hopefully it's the last. We all recognize the PD then versus now really doesn't fit. But it's a highly visible, highly desirable corner and the reason it's sitting there empty I think is this very reason, is that hasn't been addressed on the comp plan. So, when you have a potential buyer in town looking at potential corners for these type of uses, they overlook that corner, because they look at the comp plan first and the comp plan says high density residential. So, a lot of your commercial brokers go right on past it. Jeffrey Hall in his pursuit of trying to find a good corner for his client dug a little deeper. So, that's why we are here. Zaremba: Great. Any further questions at this point? Bird: I have none. Zaremba: All right. Thank you. We do have a couple people signed up to testify and we run similar to the way the Planning and Zoning Commission does. You have the opportunity to testify up to three minutes and, then, the applicant has the opportunity to come back and respond and, then, we will discuss. So, the people I have signed up are Jared Heiner. Heiner: I'm Jared Heiner. Meridian City Council October 18, 2011 Page 23 of 40 Zaremba: Thank you. If you would state your name and address, please. Heiner: Jared Heiner. 1333 East Doberman Street, Meridian, Idaho. I just live in Locust Grove, kind of -- I mean on the other side of Locust Grove. I actually own two of the four-plexes here in Sage Crest. One is building 38 that immediately abuts the property in question. Another one is building 11 that is close to where they are putting the Fast Eddy's. I'm concerned that the quality of life for the tenants will suffer by putting in a fast food restaurant there, not just odor, but also the high traffic volume. The only access into the property is on Millennium Way, which is already an overcrowded street that goes into the high school. In the morning's and the evening's rush hour the traffic -- traffic density is intense. On the north side of the street those retail establishments where Rudy's Bar is, the parking there is so overwhelmed it spills over and they have had to build extra parking lots. A bar or restaurant or something that goes in there that's going to have people parking in the apartments and have a high volume of traffic there is going to be very undesirable. The people that live in the apartments, many of them work the graveyard shift at the call centers that are nearby, like T-Mobile, so there is some people who are sleeping in the day. Even a high density -- or a high volume fast food restaurant that has -- packs of Harley Davidson motorcycles rumbling through there all day that really affects the quality of life for those people. You can already -- the Dutch Brothers that's across the street, you can already smell that at the back of the apartment complex. Maybe that's not too offensive for some, maybe it is for some, but to put a Taco Bell or a restaurant or a grill that has greasy smoke pumping out of it right cross the fence next to these two story four-plexes, would be very undesirable for the tenants and also for the property owners, many of who have already lost their investments. I bought my two buildings out of foreclosure from other investors that lost -- lost their investments there. So, I think if you look at the corner of Locust Grove and Overland across from the Maverick, there used to be an abandoned home there, now it's a nice, attractive, assisted living facility. There is something like that could be put on that corner that would mesh in with the other low traffic volume professional offices that line Millennium Way there and could also potentially be profitable for the developer. I agree that if I owned that land I would probably want to put a fast food place in there, but it would put a lot of pressure on the traffic going down Millennium Way to the high school and it would be very undesirable for the people who live in those apartments who deserve a better quality of life than that. So, that's why I'm hoping that you will follow the Planning Commission's recommendation. Thanks. Zaremba: Thank you. Any questions? Hoaglun: Yeah. Jared? Jared? Heiner: Oh. I'm sorry. Hoaglun: Yeah. Meridian City Council October 18, 2011 Page 24 of 40 Zaremba: Mr. Hoaglun. Hoaglun: Mr. President and Jared. I just wanted to ask you, then -- you touched on one, assisted living, but what other types of establishments, businesses, do you find that would work at that site? Heiner: So, you know, a building like the Corey Barton Home -- home office that's already on that piece of property or kind of along the west side of Millennium Way there you have got real estate professional offices, dental offices where it's kind of retail service oriented, but it's not a high volume of, you know, 30 cars going in there an hour, it's maybe four cars going in there an hour or five cars -- or the assisted living center that's on the Locust Grove and Overland that really doesn't, you know, have much traffic at all, but it is a valuable piece of property generating revenue and is full of residents. Hoaglun: And if I might follow up, Jared. A bank, a credit union, I mean that would have some drive-thru traffic, but the hours are limited, what's your thoughts on something like that? Heiner: I think that would be more compatible for the high density residential there, because, you know, you still have a retail establishment, it's got great access on Overland Road, but it wouldn't have such a high volume of traffic that it would cause traffic snarls or make it hard for -- you know, that's one of the exits for the apartment complex there is on Millennium Way. In the morning with all the high school traffic coming in and out you can't even get out. So, you have to -- they can't get out from the north and turn left, because there is a constant line of cars sitting along there. If you look at the banks that are already along there, like Bank of the West, Key Bank, Sterling, they have got great access, they have got empty parking spots, they have got nice flow for their customers going through there. You look at the bars, like Rudy's, Harry's, the same thing on Harry's, that over -- that business gets so much business it overwhelms the whole parking for all the other tenants. You look down at the curb on Meridian Road and look at where those people are parking, they are parking at the Jiffy Lube, they are parking at Sage Crest CPA. You know, other buildings who -- you know, my neighbor who is the Sage Crest CPA guy says, you know, I should charge bar parking fees. People leave their cars there overnight to take a cab home and come back and get it the next day, you know, so -- Hoaglun: Okay. Great. Thank you. Heiner: Did that answer your question? Hoaglun: No. That's good. Thank you. Zaremba: Thank you. Meridian City Council October 18, 2011 Page 25 of 40 Heiner: Any other questions? Rountree: No. Zaremba: No. David Meisner. And, again, if you would state your name and address for the record, please. Meisner: Yes. My name is David Meisner. My address is 2978 South Bay Star Way, Meridian, Idaho. I'm also one of the owners in the Sage Crest community. So, I'm here to represent the homeowners association for the Sage Crest community. So, the Sage Crest property owners association is located adjacent to the rezoning applicant's proposed property. We are a residential community of approximately 200 plus residents. The association has an obligation to protect the quality of life for the community, homogenizing the residential side and the business side of the area. Each owner, which there are approximately 50 plus owners, purchased these properties with the understanding that the surrounding businesses of Sage Crest would become office with similar businesses to those ones located to the east side of the complex. These businesses are real estate offices, day cares, doctor offices, professional types of businesses. We are opposed to the proposed rezoning change of the subject property. We believe what is proposed, adrive-in or fast food establishment, or whatever else that might be high traffic, would be detrimental to the area based on increased traffic. Access would be off the side street and not Overland, therefore, increasing the traffic load of the side street. The high school is located on the side street, along with professional offices and the apartments, creating traffic issues currently. The smell of fast food is not compatible with the area. If you have ever lived by a fast food restaurant the smell starts early in the morning and remains late into the night. Not a desirable condition for the residents of the area. In addition, the high school students would be walking on a street with no sidewalk, thereby either cutting through apartments or walking on the street or even trudging through the pathways of the landscape of the professional businesses there. There is similar businesses to the proposed on the north side of Overland. Would this be a better location? Thereby keeping similar type of businesses together? The owners and residents of Sage Crest respectfully request the zoning remain unchanged and a professional type of building or office be located next to the residential community of Sage Crest. Thank you. Zaremba: Any questions? Mr. Hoaglun. Hoaglun: Yeah. Real quick. You used the term fast food and I just want to make sure we are on the same -- you know, when I think fast food you think Jack in the Box and McDonald's, something like that. And, then, there are restaurants like Applebee's, Gino's, et cetera. Any type of food establishment? Is that what you're -- when you say fast food is that what you mean? Meisner: Any -- I mean we are up against a high residential area. I mean this is zoned as office type use or retail use. So, we bought this property thinking that's what we are Meridian City Council October 18, 2011 Page 26 of 40 getting into. A fast food type of establishment or restaurant establishment is not that type of establishment that we bought the property thinking what would go there. Hoaglun: Okay. I just wanted to make sure. Meisner: During the Planning and Zoning Commission he brought up that he would want 24/7 operation, so -- Jeffrey Hall did. So --and he wanted to serve the people who go to the football game after the football game, after 10:00 p.m. at night, so -- Hoaglun: Okay. Great. I just wanted to be certain we were thinking the same way. Okay. Meisner: Okay. Hoaglun: Thank you, Dave. Zaremba: All right. Thank you. Those are the only people that signed up. If there is anybody else that would care to make comment? We'll start with this gentleman first. And as usual, if you would state your name and address for the record, please. Hall: Good evening, Mr. President, Council Members. My name is Jeffrey Hall with DK Commercial. My address is 1880 South Cobalt Point Way in Meridian. That's in the Silverstone Business Park. Between the EI Dorado and Silverstone Business Parks we have approximately over, actually, 90,000 square feet of available office space. Unfortunately, in that area retail space is very limited. What we are looking for as far as retail services right now, as far as my clients are concerned, is a financial, food service, personal care -- again, when we talk about food services, you brought up a great comment. I mean it could be as a deli. I -- unfortunately, my recollection doesn't tell me that I remember saying anything about an operation of 24/7 going on at that location. I did say something about services available to the high school after the games. That would be great. A lot of the -- especially the retailers that are involved in fast food definitely like that. I was very happy to hear that one of the gentlemen there had mentioned that, you know, a bank would be okay, a credit union. That's something that we definitely need. Those are great services that we can use. Also personal care is something that -- you know, that's a whole spectrum of different types of things that personal care can go in there. You know, I'm pretty known for a couple different commercial projects. The one, of course, is Hark's Corner that I developed on Franklin and Linder. That corner also abuts residential uses. As you know, we have got a Chevron, an Arctic Circle, car wash, three different retail buildings. Never had a complaint from the neighbors. It serves the neighbors very well. We call it the cheers. Obviously, you know, we built that in 2002 and -- you know, our shoppers there are our neighbors and it really worked out well for them. There is other -- you know -- as a matter of fact, the new Walmart on Stoddard there and Overland, that's going to be abutting the Bear Creek Subdivision. It's actually going to have adrive-thru abutting the Bear Creek Subdivision for their pharmacy I believe. You know, those are other things Meridian City Council October 18, 2011 Page 27 of 40 that, you know, I think our uses are much more -- how would you say -- nicer. So, by allowing retail to the site I believe that we are going to reduce traffic congestion going onto Overland from Millennium, especially at lunchtime for the kids. If there is other services, like any type of food up there, that would be great for them. We will be accessed off of this site both off of Overland and Millennium, not just Millennium. But I think a comment was made that that would be the only access, but I believe that there is across-access agreement with Corey Barton and there is an ingress-egress there. So, that would be fine. And, finally, you know, I just ask that you approve this designation for HDR to commercial. It's needed in that area. That area is the -- one of the -- besides Ten Mile -McMillan right now, that area is the hottest area in the valley and we would sure appreciate whatever you can do and I stand for your questions. Zaremba: Any questions? Bird: I have none. Zaremba: Not at this time. All right. Thank you. Hall: Thank you. Zaremba: And would you also start with your name and address, please. Gertner: My name is Tara Gertner. Address is 753 West Tallulah in Kuna. I am the apartment manager. I just wanted to stress two points. One of them is the parking. The complex does have open parking. There is no reserve parking for the tenants, therefore, leaving them open for anybody else to park there. I can't prove who has parked there if there is no reserve parking. So, there really is not a lot of room in that area. I don't know if you have ever been there. I honestly don't see how they are going to put a strip between a fast food restaurant and the complex. It doesn't seem like there would be enough room there. I just think overflow parking would come into the complex, therefore, leaving the tenants with nowhere to park. The other thing I'd like to stress is the high school students, if there is a restaurant there I believe they have open campus. They will be coming through the complex, walking through the grass, throwing trash everywhere -- you know, we already have a big enough problem with them as it is without a fast food restaurant right there. I just think that would increase that problem. So, that was it. Zaremba: Any questions? Hoaglun: Yeah. Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Same question I asked earlier. What do you see that would work at that site in terms of like banks and I'm -- it sounds like offices, service industry -- Meridian City Council October 18, 2011 Page 28 of 40 Gartner: Yeah. There is a business complex that runs down the side and they do really good. We haven't had any problems with them. Like he was stating, there is a dentist office in there, other than that I really don't know. I mean a bank would work there, but there is quite a few banks down Overland, so I'm sure which bank would go there, but -- Hoaglun: They are like car dealers sometimes, you know. They all like to cluster together. Gartner: Yeah. Hoaglun: Okay. That -- appreciate that, Tara. Thank you. Gartner: Thank you. Zaremba: Thank you. All right. Any further comments from staff? Want to reserve them? All right. Friedman: Yes, Mr. President, Council, I will reserve them, unless you have some questions. I'm still trying to process a couple of thoughts I have had, but you do have a recommendation from Planning and Zoning Commission before you. If you have some questions I can address it. Just a couple of things popped up while I was listening to some of the testimony, particularly related to sort the inconsistency between the comp plan designations of zoning and, then, the planned development that kind of muddies everything in terms of the restriction on the uses there. You know, we do have L-O zoning there. It's possible if you look at the use list for the L-O district that you can achieve a number of the uses that you have heard suggested with the straight L-O zoning or under straight L-O zoning. It is restricted by that planned development, so there may be an opportunity to amend that planned development -- to modify the CU, actually, structure that to where you can expand the range of uses, although I do note that a restaurant is a permitted use in the L-O zone, but the drive-thru establishment is prohibited. So, just kind of a thought I'm still trying to process on how we might be able to at least correct that situation on the map. A restaurant -- yeah, that's right. Sonya pointed out a restaurant is a conditional use regardless. But if we are going to modify it we could structure that conditional use modification to tailor to the specific uses. It's kind of unusual, because we would do that normally through a development agreement, but I don't know where you're going with this, but that was just kind of a thought that floated through here. Zaremba: I appreciate that. Are we ready for Mr. Jewett to summarize? Jewett: Thank you. Mr. President, Members of the Council. I did want to clarify -- first of all, I do appreciate the comments by the neighbors and I do want to clarify the one that we do have two access points, one off of Millennium and one off of Overland Road. Meridian City Council October 18, 2011 Page 29 of 40 You know, I'd like to point out that, you know, people who live in apartment houses are all citizens and they all use the services that we provide. I have completely relocated my office and my home south of the freeway. That's where I prefer to live. And I have to commute, for the most part, across the freeway to find just about anything, other than Jack in the Box now or Taco Bell, but all my other banks and everything else I do is on the other side of the freeway. You know, the Applebee's that I like to go to or the -- you know. And as you look at south Meridian, you look at Overland Road as your major -- major east-west corridor all of. south Meridian. Because you look at Victory and you look at Amity and you, okay, where are we going to get those establishments on those streets. Meridian Road, you look at a major north-south, it should be controlled and it should --and I'm assuming it's for the most part controlled access. So, your commercial is going to be limited to the areas that are already established. Then Eagle Road was pretty much residential on either side of it going -- going south. So, as we continue to develop and grow to the south, those other uses that we talk about, outside of fast food, just general, bank uses, retail, all need to flourish -- need to flourish somewhere. So, I'm speaking more generally than I am specific, because specifically I'm going to look for you guys' insight. But generally speaking in the south we do need to recognize that as we go south that Overland becomes more and more and more important to all those services. So, with that I would stand for any questions and advice and help. What I'm asking for, really, is the tools for us to go forward. Zaremba: Yeah. I guess I would comment that I know that looks like an attractive place for a restaurant or even a fast food restaurant with adrive-thru from a business standpoint, but my recollection of what was contemplated when this came through the Planning and Zoning Commission were I think I was when this came through, was lower density uses -- or lower impact uses than that. And I guess the struggle that I have, if you put a fast food -- or any restaurant, but particularly a fast food with adrive-thru there, I think it would be extremely successful and, then, the next question is could it operate 24 hours a day. Even if that wasn't mentioned earlier, that is the next logical step for a successful one in that location and I'm not very comfortable with that. If I -- if I lived there I would not enjoy that. A drive-thru on a bank wouldn't bother me. Other L-O uses -- and that's what it's currently zoned for -- wouldn't bother me I don't think. I just struggle with raising the intensity. I do believe what was contemplated across the street was to fill it out with exactly what you're talking about, the fast food restaurants and, you know, maybe make the whole area a food court, along with the cinema and the other stuff that's there. I don't know. I struggle a little bit with being able to contemplate a heavier use in that -- in that area. Personal opinion. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I hesitate to flatly reject and take the recommendation of Planning and Zoning, because I think there is potentially a solution to this issue or problem that's been created with the confusion with the map and the zone and the changes that have Meridian City Council October 18, 2011 Page 30 of 40 occurred. My preference would be to continue the dialogue, so we -- we have this before us, so we don't have to go through the application process and a lot and have Pete finish the work that he's doing and maybe some of us as well and come up with a solution that can address the issues and I very much appreciate what folks with the apartments are facing and some of the issues that have been created because of the increased -- not just traffic, but foot traffic with the fact that the high school is there and they draw a lot of traffic. So, my preference would be to let's sit down and talk through this with some ideas of how to remedy the plat issue -- or the Comprehensive Plan map issues and strike a compromise in there about what seems to work and what seems not to work and have that on the table and, then, move forward with that, whether it's some form of a CUP modification or if it's actually a Comprehensive Plan map modification or a Comprehensive Plan change, which takes forever anyway. If you're amenable to that. I don't want to give up on it, but I don't want to say that what I have heard tonight really gives me a real good solution. Jewett: Councilman Rountree, I appreciate your comments and I think that that would be welcome with open arms. The more we look into it, the more me and Sonya and me and Pete have talked about it, we recognize there is an issue that needs to be dealt with and you can't short change it. You know, we -- one of our -- one of our options today was just to withdraw, because it was so complicated and confusing, but I don't think it solves the answer. The reason I'm here tonight is to interact and try to get insight so we can move forward, because, really, for us to market that -- that property to end users we have to have a cohesiveness in all three components, the CUP, the zoning, and the Comprehensive Plan. So, I would welcome any opportunity to dialogue to resolve that issue. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I like Council Rountree's idea to keep the dialogue going. This is something -- I'm faced with an either/or and there might be something in the middle, but it's going to take some creativity, it looks like, and some work to get there where the apartment folks can say, yeah, we think that would work with what we have and works for you and when Mr. Hall goes out there and markets and whatnot -- and my only question is, Jim, some day are you going to bring us something easy to work on. Rountree: And he deserves that. Jewett: I knew that was coming. You know what, I get the calls, because it is hard and I put the time into it and I put the thought process into it, so -- I would like to bring you easy stuff, but, again, the plate's in front of me, I move forward. Bird: Mr. President? Meridian City Council October 18, 2011 Page 31 of 40 Zaremba: Mr. Bird. Bird: I, too, agree with Brad and Charlie, but -- and I think we need to work hard and see what is asked to put at that corner or you got -- there is a lot of things -- we don't -- we definitely don't need to punch more traffic on Millennium Drive, but there has got to be a solution that will make everybody within that area happy and still give us a good business base that somebody can be successful at. So, I would like to see it continue on and let's keeping working on it, see if we can't come up with some kind of a solution that works for everybody. Zaremba: Thank you. It sounds like the consensus is to continue the public hearing and would somebody like to pick a target date --date certain to continue it to? Friedman: Mr. President, Council, a couple thoughts on that. Clearly a minimum of two weeks would be required I think. We are certainly not going to have the ability to work this all out in the next two days and be ready to come back to you next week. The other thing is I think what we would like to do is sit down, process it, work with the applicant and, then, I would like, in turn, the applicant to meet with the neighbors, with a proposal -- once we have come up with a proposal meet with the neighbors see if we can't pull that back altogether so that we have all parties involved. So, I would say a minimum of at least three weeks, Jim? Pardon me? A little farther? Four weeks? Five weeks? Bird: How about November 15th? Friedman: November 15th? Is that enough time? Okay. We can start with November 15th. If we are not ready we can continue on. Rountree: Thank you. Mr. President? Zaremba: Yeah. November 15th would be a regular meeting, so -- Mr. Rountree. Rountree: I move that we continue Item 8-F, Millennium Retail Center until November 15th and direct staff and anyone else they can pull together to work with the applicant to come up with some solutions and have the applicant, then, meet with the neighbors and discuss possible solutions. Bird: Second. Zaremba: We have a motion and a second to continue. All in favor say aye. Any opposed? That motion carries. Thank you. MOTION CARRIED: ALL AYES. G. Public Hearing: CPAM 11m001 Southridge Apartments by The Farran Group, LLC Located South Side of VU. Overland Road Meridian City Council October 18, 2011 Page 32 of 40 Midway Between S. °Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map ®esignation on 26.38 Acres of Land from Medium ®ensity Residential (M®R) to Medium High ®ensity Residential (MH®R) H. Public Hearing: RZ 11-002 Southridge Apartments by °The Farran Group, LLC Generally Located South Side of UV. ®verland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning ®istricts to the R-15 Zoning ®istricts Zaremba: Next we have Item 8-G and H. I'll open the public hearings for CPAM 11-001 and RZ 11-002, both related to Southridge Apartments by the Farran Group. And, again, we will begin with the staff report. Watters: Thank you, President Zaremba, Councilmen. The applications before you are a Comprehensive Plan map amendment and a rezone. The site consists of 42.36 acres of land. Is currently zoned TN-R -- excuse me -- R-4 and R-8 and is located on the south side of West Overland Road midway between South Linder Road and South Ten Mile Roads. The request is for an amendment to the Comprehensive Plan future land use map to change the land use designation on 26.38 acres of land from medium density residential to medium high density residential. A rezone of 42.36 acres of land from the TN-R, R-4 and R-8 zoning districts to the R-15 zoning district is also requested consistent with the proposed map amendment. The applicant has submitted a conceptual development plan and a sample building elevation for phases one and two that show how the site may develop with amulti-family apartment complex consisting of two and three story structures. This plan does not include a development plan for the third phase of development. The proposed R-15 zoning district allows a maximum gross density of up to 15 dwelling units per acre. Because this property is located adjacent to land that is designated for mixed employment uses on the north and northwest sides of Overland, and medium density residential uses to the south and east, staff is of the opinion the proposed medium high density residential designation in R-15 zoning will provide a good transition and be compatible with these uses. Additionally, the adjacent mixed employment areas will provide jobs for residents and be convenient and easily accessible. The Ridenbaugh Canal that runs along the southern boundary of this site also will provide a buffer between the proposed multi- family development and future lower density development to the south and east. Because the property has changed ownership since the annexation and development was approved, staff recommends as a provision of the rezone that a new development agreement be required that will separate this site from the larger Southridge development. Future development will be required to substantially comply with the conceptual development plan, design standards contained in the Unified Development Code and the guidelines contained in the Meridian design manual. Prior to development of the third phase, the development agreement shall be modified to update the conceptual site plan to include a development plan for this area. A Conditional Use Meridian City Council October 18, 2011 Page 33 of 40 Permit is required for amulti-family development in the R-15 zoning district. The Commission recommended approval of this application at the September 15th public hearing. John Malletta testified in favor of the application. Scott Nichols, Steve Prisbos, Susan Prisbos, Curtis Elton, and Naomi Elton testified in opposition of the applications. Jim Jewett commented and written testimony was received from John Malletta. There were no key issues of discussion by the Commission. The Commission did change staff recommendation to strike development agreement provision 1.1.2E and parks department conditions in Exhibit B, Section 6, as the multi-use pathway is required on the south side, not the north side of the Ridenbaugh Canal, per the Southridge development agreement. There are some outstanding issues for City Council that have come up since the Commission hearing. I'll go through those one by one. The first, since the Commission hearing the staff has become aware of a 30 foot wide road right of way easement, known as Old Thorne Lane, that exists on this property that provides access to the Rice property to the south. Staff recommends a new provision be added to the development agreement that requires the applicant to protect and preserve this access throughout the construction process and after or provide an alternative access route with the appropriate instrument. That easement is shown on the record of survey property boundary adjustment before you there. Secondly, the staff recommends a new provision be added to the development agreement that requires the road right-of-way easement for Old Thorne Lane to be vacated at such time as the easement has either been relocated or is no longer needed. Third, the northern parcel -- flip back here -- is a legal parcel which does not require platting and the southern parcel is not a legal parcel and does require platting in order to obtain building permits. Staff recommends a new provision be added to the development agreement that requires the applicant to obtain approval of a property boundary adjustment in order to extend the boundary of the existing legal parcel to match the boundary of phase one as generally depicted on the concept plan, and/or plat the property in order to create a legal lot prior to issuance of a certificate of zoning compliance on property that encompasses the southern parcel. Last, staff recommends a new DA provision be added that requires the property to be platted prior to the development of phase three as shown on the concept in order to dedicate the right of way necessary for a public street. Written testimony since the Commission hearing was received from John Malletta in agreement with staff's proposed added development agreement provisions. Staff will stand for any questions the Council may have. Zaremba: Council, any questions? Bird: Not at this time. Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council October 18, 2011 Page 34 of 40 Rountree: In the DA is there -- are there provisions that some of the common areas and amenities be put in with the first portions of the first phases, so we don't have all of that coming in later? Watters: Councilman Rountree, I'm looking. Just a moment. There is not a condition currently included in the development agreement, but we can include that. There are two swimming pools proposed within this development. We could also include a condition with the subsequent Conditional Use Permit that will be required for the multi- family development also. So, it could be done either way. Rountree: And on this -- excuse me, Mr. President. On this site plan can you roughly indicate where that Old Thorne easement is? Watters: It generally runs right through the middle of the property here, Councilman. I can -- just a second. It's right there. Rountree: Thank you. Zaremba: Any other questions? All right. I believe we are ready for the applicant. Thank you. Just a reminder to start with your name and address, please. Malletta: Okay. Good evening. John Malletta. 13095 North Andy's Gulch, Boise, Idaho. 83714. Mr. President, Members of the Council, the application in front of you represents a collaborative effort between the City of Meridian, city planners, land owners, and the development -- developer. As the developer, the Farran Group has offices in Eagle, Idaho, and Missoula, Montana. We are an integrated private equity real estate firm focused on developing investment grade apartment communities. Our principals have worked together since 2002 and as a group have more than 50 years of dedicated real estate experience. We believe in implicitly in fulfilling our fiduciary obligations to investors and upholding our reputation in the industry and communities in which we live in. As Sonya had mentioned, the subject property is located on the south side of west Overland Road midway between South Ten Mile and South Linder Road. The Ridenbaugh Canal rises approximately 15 to 20 feet above Overland Road, which will serve as the southern most border to the property and serve to physically and visually separate the site from southern neighboring uses. The application includes a Comprehensive Plan map amendment, rezoning of two tax parcels, along with an application for Conditional Use Permit to allow for amulti-family residential project. These requests are necessary to combine the two properties into a single project. In conversations with the city staff the originally conceived multi-family area under the current Southridge plan created a difficult layout that would result in a poor overall design. Both city staff and the developer agreed that by combining the original multi- family site with the back 26 acres, we would open up a site and allow for design that better integrates into the surrounding community. The design would allow for more open space, staggered building heights and, in general, eliminate a tight building layout surrounded by expansive parking lots. We recognize that this application is just the first Meridian City Council October 18, 2011 Page 35 of 40 step in the process. We also understand and agree that the application will be subject to a development agreement modification, given the fact that since the time of annexation this property has been sold and is under new ownership. For this reason staff has recommended the current owner enter into a new development agreement with the city separating it from the Southridge development agreement as a provision of this rezone. As a representative of the land owner it is our intention to start this process with the Meridian city attorney immediately following the approval of this application. The proposed changes in land use from medium density residential to medium high density residential are consistent with the goals and objectives of the Meridian Comprehensive Plan, the Ten Mile interchange specific area plan, and the medium high density residential land use designation. The subject property is adjacent to land that is designated mixed employment and multi -- medium density residential. The proposed rezone will assist in providing a transition between the medium density residential use to the south and east and the mixed employment to the north and northwest of the subject property. This change enables quality discretionary housing near Meridian's key commercial employment and developing activity centers, while providing convenient access to services and jobs for all residents. All necessary services are currently available to the community and will be available upon development of the subject site. We are committed to provide the city residents of all income levels, age and family size an attractive and connected community. By combining both parcels we have dramatically improved critical design elements within the community, including livability, walk ability, and accessibility for our tenants. This design demonstrates compatibility with adjacent uses and the cohesiveness of an individual project. It is our intent to create a welcoming, esthetically pleasing community accommodating a wide range of tenants. The project will have multiple entrances, including an emergency access point off of Overland Road. Our main entrance will also be located off of Overland Road and will enter the project directly in front of the community center. The site plan is interlaced with pathways to various buildings and amenities, as well as connected to Overland Road, both on the east and west side of the project. The site plan includes strategically located open space, pocket parks, pathways, controlled social areas, water features, and a centralized community center. The community center may include a social lounge, espresso bar, free WiFi, fitness center, an outdoor pool and spa, patios, barbecue areas and a theater screening room. All of these amenities are designed to enhance the tenant experience and increase the tenant living area outside of the apartment unit, creating more of a community atmosphere. The community is proposed for a two and three story class A project with amenities and unit finishes with one of the top apartment communities in the northwest. In the site design we have centered the three story product, while placing the two story product near the edges to help integrate this property into the surrounding uses and create a more esthetically pleasing elevation. This project will contain a mix of studio one, two, and three bedroom units and will contribute to a range of housing opportunities available in the City of Meridian. Exterior elevations will be designed in accordance with the City of Meridian design criteria, but promote quality architecture and project identity. I want to thank the city planners, Planning and Zoning -- and Planning and Zoning Commission for their Meridian City Council October 18, 2011 Page 36 of 40 recommended approval and look to City Council for continued support. Thank you. May I answer any questions that you may have? Zaremba: Any questions? Mr. Rountree? Rountree: Yes. On the site plan that we have up there it shows the southern portion of this particular development in gray and there is a dashed line that's following below the Ridenbaugh Canal and below the greening, I guess, of that area. Is that the irrigation easement? Friedman: It is. My understand I think it's 50 feet -- Watters: Not sure. Rountree: And what's proposed to be done with that? Friedman: Mr. President, Council Members, at this point the application is for this phase one and phase two. They come in with a -- as we said, an addition to having to plat that parcel, because a road is required to extend it, they will be back with another development agreement -- or a develop agreement modification to bring you a detailed site plan for that one when they are ready to develop. Rountree: Okay. Zaremba: Are you generating more questions? Rountree: I'm just wondering why the Old Thorne right of way easement is an issue here. Is the Rice property in another ownership at this point? It appeared like it's in phase two. Friedman: Mr. President, Council Members -- go ahead, Sonya, and answer. Watters: The Rice property is to the south of this property. I'll show you here. It's this little square right down here. Rountree: Okay. Okay. Zaremba: And I guess the point is it's still in use and the people need that access? Watters: It is. Yes. Yes. Zaremba: Okay. Rountree: Okay. Meridian City Council October 18, 2011 Page 37 of 40 Zaremba: Or an alternate. Hoaglun: Mr. President? Sonya, is that on the south side of the Ridenbaugh Canal? Watters: It is. There is a bridge. Hoaglun: There is a bridge. Watters: Uh-huh. Hoaglun: Okay. Thank you. Rountree: That's all I had. Zaremba: Thank you. I guess I would go back to what's probably a tentative site plan, if we may. Yes. That one. Watters: And if I may just clarify. There is a 140 foot Ridenbaugh Canal easement that exists. There is 80 feet, it looks like, from the center line north that is shown on the property boundary adjustment. Zaremba: Okay. Thank you. I guess I want to -- you mentioned that there will be a nice entrance to this and I certainly agree that there needs to be an entrance off of Overland, but what I'm looking at is the right location for the entrance you're proposing. It appears to me that it's right at the end of a curve, right at the base of a hill, in a place where right-in, right-out would be iffy and left-in, left-out probably is unwise. Have you run this by ACHD or is there any chance of moving that access a little farther to the east? Malletta: That access you're referring to is actually the emergency access -- Zaremba: Oh. Malletta: -- that the city, fire, and police have -- after obtaining and evaluated that would be for emergency purposes only. The main entrance is going to be down as you're looking at the site plan to the right and bordering the -- Zaremba: Oh. Okay. Malletta: -- eastern edge of the site plan. Zaremba: Good. Excellent location. Thank you. And the fire and police access is a good idea, too. So, thank you. Meridian City Council October 18, 2011 Page 38 of 40 Hoaglun: Mr. President, I need to have Sonya just to jog my memory. The difference in medium density residential versus medium high density residential, Ican't -- I can't remember the -- the differences. Pete or Sonya, what -- Watters: Medium high density residential is three to eight dwelling units per acre and medium high density residential is eight to 15. Hoaglun: Okay. Thank you. Zaremba: While you're still standing there let me ask. I do not have anybody else signed up to testify. Anybody -- this is your opportunity if you care to add anything or against or clarify anything. Seeing nobody, do you have any wrap-up remarks? Malletta: I don't. We just look forward to working with the city attorney to put the development agreement in and I want to thank the city staff for all their patience and help through this process. Hoaglun: And, Mr. President, I wanted to follow up on something Councilman Rountree brought up earlier -- was on the pool, the amenities, is that going to be part of the phase up front? Malletta: Yes, it will be. My understanding is I think we are required to put somewhere between -- in the range of three to four amenities, whether they are -- Friedman: More than that. Malletta: Under the term -- under the code we are required to put in a certain number of amenities in each of the various phases, which we absolutely understand that that's what makes kind if this community. Hoaglun: Okay. Great. Thank you. Watters: And just to clarify, Councilman Rountree, I could have answered your question a little better earlier, but there is a development agreement provision that requires development of the site to substantially comply with the concept plan. The concept plan does call out all the site amenities, so -- and the phasing boundaries also, so should be covered there. Zaremba: All right. Rountree: Thank you. Zaremba: Any further comments from staff? Pete, you look like you have something almost coming. Meridian City Council October 18, 2011 Page 39 of 40 Friedman: No. It was an editorial comment. I think just reciprocating the applicant's comments when this project came to us it was not of a level that we could have supported and we have had an iterative relationship with this applicant in working side by side to come up with I believe a development plan that is heads and shoulders above what came through the door initially. So, we -- it's been -- it's been good for us and it's been a good working relationship. Zaremba: Great. Thank you. Rountree: Mr. President? Zaremba: All right. I believe we would be ready to close the public hearing. Rountree: Mr. President, I move that we close the public hearing on item --did we have both G and H or just G? Bird: You can do both of them. Zaremba: Both. Rountree: Okay. Public Hearings on Items 8-G and H. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. Both hearings are closed. MOTION CARRIED: ALL AYES. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: It's a nice job that you have brought forward. It's nice to see something like this that is well thought out and the concept that looks like it will be very much appreciated in the future as that area develops. So, thank you. With that I would move that we approve Items 8-G and H, subject to applicant and staff comments and the four provisions that staff have provided us in their summary. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Both measures have passed. Meridian City Council October 18, 2011 Page 40 of 40 MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Zaremba: That concludes our published agenda for the night. The last item is future meeting topics. Gentlemen, anything to propose? Rountree: I don't have anything. Zaremba: Anything from Planning and Zoning or Mr. Nary? Anything from fire or police, who have not spoken yet tonight? Kyle, just to recognize that you're here. Anything from you? Radek: I'm fine. Bird: Why are you so quiet. Rountree: Mr. President, I move we adjourn. Zaremba: Thank you all for hanging through. Bird: Second. Hoaglun: Second. Zaremba: Motion and a second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ ¢: ~e~~ ~ 1 ~ PRESID DAVID ZAREMBA DATE APPROVED o~z~DAU~~sr ~~ ~a44 11 ATTEST: + ~~ JAY E OLMAN, CITY ~, IDIA~~ IDANq ~. ~+~ ~ ~ '~~,~,~ ~ f 5u~~4 the TR~A Changes to Agenda: Request for Item #8C Kingsbridge RZ-11-003 be continued to November 1Sr Item #>3A: Zebulon Heights Subdivision No. 4 (FP-11.009) Application(s): Final plat Size of property, existing zoning, and location: This site consists of 7.22 acres of land, is currently zoned R-4, and is generally located''/2 mile south of E. McMillan Road and'/z mile west of N. Eagle Road. Summary of Request: Request for final plat approval of the 3rd phase of Zebulon Heights Subdivision No. 2 consisting of 12single-family residential building lots and 2 common area lots on 7.22 acres of land. The plat includes a 3.44 acre common area that serves as the central common area for Zebulon Heights subdivision and is proposed to accommodate a swimming pool, pond, multi-use pathway, and tot lot. Written Testimony: Becky McKay, Applicant's Representative (response to the staff report) In regard to Site Specific Condition #4b and e, the applicant requests #4b is revised to read, "The City of Meridian is responsible for the maintenance of the pathway surface located within the multi-use pathway easement at such time that the pathway connects from one major street to another and is greater than'/2 mile long. Until such time, the homeowner's association shall be responsible for maintenance," and that #4e be stricken. Sfaffis in agreement w/the applicant's request & recommends approval of this change. ® In regard to Site Specific Condition #10, the applicant states that a pond is now proposed as a water amenity in place of the stormwater detention facility originally proposed on Lot 1, Block 12. Staff recommends condition #10 regarding requirements for stormwater facilities be replaced with the following, "The proposed pond shall have recirculated water & be maintained such that it does not become a mosquito breeding ground, in accord with UDC 11-3B-9C.6." ® In regard to General Requirement #3 that requires a letter of credit or cash surety to be submitted for all uncompleted amenities prior to signature on the final plat, the applicant requests to not be required to submit surety for the swimming pool with restroomllocker/changing areas. In accord with UDC 77-5C, in the event That improvements not needed to protect the public health, safety and life, including site amenities, cannot be completed prior fo signature on the final plat by the City Engineer, a surety agreement may be approved. (Note: Typically, amenities such as this are constructed with the first phase of development for the enjoyment of the residents -Phis is fhe 3~d phase of development (975 building lots were approved w/the preliminary plat; 961ots have been platted - 79 bldg, lots remain to be platted after this phase), Sureties similar to this have been required fhe past in accord w/fhe UDC, Staff Recommendation: Approval with the aforementioned changes to the conditions of approval. Notes: Item #8D: Van Auken Subdivision (PFP-11.002) Application(s): Preliminary/Final Plat Size of property, existing zoning, and location: This site consists of 5.2 acres, is currently zoned C-C, and is located at 34 E. Fairview Avenue on the northeast corner of Fairview Ave. & Meridian Rd. Summary of Request: Request for a combined preliminary & final plat consisting of 2 building lots on 5.2 acres of land. The proposed plat will subdivide one parcel into two parcels on which each of the existing structures and associated parking will be located. No new access points are proposed or approved with this application. Staff recommends cross-access/ingress-egress &cross-parking easements be provided internally between the proposed lots and externally to the Albertson's property and the property to the east as applicable. The existing parking lot and street buffer landscaping does not meet current UDC requirements; however, it's considered a nonconforming use as it lawfully existed prior to the effective date of the UDC. As such, the nonconforming use may continue as long as the use remains lawful and is not expanded or extended. If an addition is proposed in the future to any of the existing structures, the guidelines for conformance to landscaping standards listed in UDC 11-3B-2D and the requirements listed in UDC 11-1B-4 for the extension of nonconforming uses are applicable. Commission Recommendation: Approval at the 9/15 public hearing Summary of Commission Public Hearing: i. In favor: Scott Stanfield ii. In opposition: None iii. Commenting: None iv. Written testimony: Scott Stanfield, Applicant's Representative (in agreement w/staff report) Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Notes: Item #8F: Millennium Retail Center (CPAM-11.002) Application(s): - Comprehensive Plan Map Amendment Size of property, existing zoning, and location: This site consists of 2.54 acres, is currently zoned L-O, and is located at 1977 & 2045 E. Overland Road on the southwest corner of E. Overland Road & S. Millennium Way. History: In 2000, the property was rezoned to L-0 and platted. A conditional use permit (CUP)/planned development (PD) was also approved that allows for retail uses to develop on the lot on the corner ofOverland/Millennium. A conceptual development plan was approved with the PD that depicts a 22,237 square foot (s.f.) retail building on the corner lot & a 15,960 s.f. office building on the lotto the west. An office for Corey Barton Homes was constructed on the western lot but the corner lot remains vacant. Summary of Request: Request for an amendment to the future land use map contained in the Comprehensive Plan to change the land use designation on two parcels of land totaling 2.54 acres from High Density Residential to Commercial. The applicant requests the subject map amendment in order to develop the property on the corner with adrive-thru restaurant & a small retail strip behind consistent with the proposed Commercial land use designation. The office that exists on the western property will remain. A development plan was not submitted with this application. If the site develops as proposed, a modification to the development plan approved with the PD is required along with a rezone and CUP for adrive-thru establishment, Because the property on the corner is already approved through the PD to develop with retail uses which are not typically allowed in the L-0 district, the map change to Commercial along with a subsequent rezone of the site to a commercial district would remedy the nonconformance of the zoning in relation to the approved use. However, a rezone to a commercial designation would also open the site up to other commercial uses and hours of operation that were not contemplated in the PD that may not be compatible with adjacent residential uses. If the applicant wishes to develop the site with retail uses as approved with the PD in accord with the concept plan, he could proceed with a Certificate of Zoning Compliance & Design Review without further approvals. Business hours of operation would be restricted per the L-0 district of 8 am -10 pm to be harmonious with the adjacent residential uses. Commission Recommendation: Denial at the 9/15 Public Hearing Summary of Commission Public Hearing: i. In favor: Jeffrey Hall ii. In opposition: Jared Heiner; David Meisner iii. Commenting: None iv. Written testimony: Jim Jewett Key Issue(s) of Discussion by Commission: i. The appropriateness of a Commercial land use designation, and subsequent commercial zoning, adjacent to existing multi-family residential uses; ii. Preference for the rezone to be submitted with the map amendment request so that the whole package can be reviewed at the same time. Key Commission Change(s) to Staff Recommendation: i. The Commission voted to recommend denial of the map amendment request as presented during the hearing. Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Notes: iii. The northern parcel (Parcel No. S1223212404) is a legal parcel which does not require platting & the southern parcel (Parcel No. S1223120934) is not a legal parcel and does require platting in order to obtain building permits. Staff recommends a new provision be added to the DA that requires the applicant to obtain approval of a property boundary adjustment in order to extend the boundary of the existing legal parcel (Parcel No. S1223212404) (i.e. to match the boundary of Phase 1 as generally depicted on the conceptual plan) and/or plat the property in order to create a legal lot(s), prior to issuance of a Certificate of Zoning Compliance on property that encompasses the southern parcel. iv, Staff recommends a new DA provision be added that requires the property to be platted prior to the development of Phase III as shown on the concept plan, in order to dedicate the right-of-way necessary for a public street. Written Testimony since Commission Hearing: John Malletta (in agreement w/staff's proposed DA provisions) Notes: ~i ian ity until satin 1' :October 18, 2011 IT 5A J 1° lJ ITEM TITLE: Minutes of ~4ugust 23, 2011 City Council pecial Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE_MSTAFFTOI AGENCYO ( APPLICANT I NOTES ( INITIALS ri ®n iy unc®l in 1' :October 18, 2011 IT 5 J T' ITEM TITLE: Minutes of ®ctober 4, 2011 Pre Council Meeting I DATE: I E-MSTAFF TOI AGENC® I APPLICANT I NOTES I INITIALS I ri ian ity until satin T' :October 18, 2011 I lJ J 1' lJ ITEM TITLE: Minutes of ctober , 2011 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: (E_MSTAFF TOI AGENCOY I APPLICANT ( NOTES I INITIALS ~i ian iy until satin T' :October 18, 2011 11° IV 5D J ITEM TITLE: Minutes of October 11, 2011 City Council Workshop Meeting ~~ MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I DATE: IE-~STAFFTOI AGENCOY I APPLICANT I NOTES I INITIALS ( ~i i n iy until satin 1' :October 18, 2011 IT 5 J T ITEM TITLE: Approval of New Liquor License Application for Wood-Wood Inc. dba Beef O'Bradys Located at 1505 S. Eagle Rd., # 190 MEETING NOTES ,q~~,~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E.MSTAFF TOI AGENCOY I APPLICANT I NOTES I INITIALS r®i n iy un it a tin `f :October 18, 2011 I1' 5F J T u T C 11-006 CLERKS oFF~cE FINAL acr~on- ~i i ity until satin T :October 18. 2011 ~~ 5 cLE-zKS oFF~cE F~n-aL acr~oN DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ~(~•~ I/ ~ rnw~~d bYlc~l~+~nc~,rp o ~i i n ity unil a tin to JUB Engineers for the Not-To-Exceed Amount of $68,235.00 TASK ORDER NO. 10029 Under the MASTER AGREEMENT FOR PROs=ESSIONAL SERVICES BETWEEN CITY ®F MEI®lAN (®VVNER) ~4N® JU ENGINE RS, Inc, ( NGINE R) This Task Order is made this 18T" day of October, 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", and accepted by JUB Engineers, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2C) between the above mentioned parties dated April 13, 2010. The Project Name for this Task Order 10029 is as follows: CITY ®F IIAERI®IAN -PINE TRUNK SEINER C®NNECT'OR (®SIGN) SC®P ®F' VV®RK SECTION 1 ®PR®JEC7' UN®ERS'TAfV®IPIG J-U-B Engineers, Inc will design and the CITY will construct the final infill segment of the Pine Trunk Sewer Connector. This project will allow completion of a key portion of the sewer master plan and allow for abandonment of two (2) existing lift stations. Specifically, the project includes: 1) Pine Trunk extension sewer, west of Ten Mile Road, south of the Ten Mlle Stub Drain where the trunk sewer is currently terminated. 2) Abandonment of the Moshers Farm and Merrywood Lift Stations. SECTIOfd 2 - ITEMS °T® ®E PR®VI®E® f3Y THE CITY 'T® J-U~O ® Copies of development plans, preliminary plats, etc. as available In the project area ® Easements and Property Acquisitions: o CITY procedural policy or direction of the acquisition process. o Authorization to acquire easements or real property, o The CITY will pay for all costs associated with the acquisition of easements or real property. o Establishment of easement valuation. o CITY liaison person to assist with acquisition and resolution of disputes. o The CITY will provide legal counsel to City Staff as required for consultation and legal opinions of easement (sues on an as needed basis. o Boilerplate sale and purchase agreement, and other pertinent documents used for acquisition. o R®view easement offer packages ® Operational records from the CITY's SCADA data for the lift stations to be abandoned. Page 1 of 8 SEC7'i®N 3 -SERVICES T® BB PERP®RME® RY J-U-® J-U-6's scope of services is specifically limited to the following: Task 1 -Project Me®tings and Administration 1. Kickoff Meeting: Attend akick-off meeting with CITY staff far the purpose of discussing the project approach and obtaining information that may be available from the CITY. 2. Progress Meetings; Attend progress meetings with the CITY staff as needed to discuss project status, provide task order status summaries, present deliverables, and receive direction from the CITY. It is anticipated that one (1) additional meeting may be required. 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from CITY, provide documentation, subconsultant administration, permitting milestones, and critical path items as needed. Task 2 -Topographic Survey and Construction Staking J-U-B shall complete a topographic survey along the proposed Pine Trunk sewer corridor which for the purpose of this scope of services is routed either along the Ten Mile Stud Drain or along the west and south property lines of the undeveloped parcel (approximately 2,100 feet). The survey shall encompass the alignment from termination point of the existing 16-inch sewer and east to the connection point with the existing cleanout located just west of the Ten Mile Road/Pine Street Intersection. The last reach of the extension connects to Manhole N10-170 in Pine Avenue and lies easterly approximately 200 feet to the Merrywood Lift Station. The topographic survey shall include the following: ~. Research and Utility Request: Research available land monuments, plats, records of survey, and right-of-ways on the project sites. Contact utility companies prior to survey via Dig-line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. 2. Survey Control: Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S, system, and vertical control based on NAVD 1988. Rights-of-way (ROW's) will be established and shown on the basemap using Ada County Q.I.S. data. Land monuments will be located and shown where found from visual observations during the field survey. 3. TSM's: Establish temporary construction benchmarks (T.B.M.'s) at 500' intervals. 4. Topographic Survey: Complete topographic survey along the alignment corridor after receiving substantial concurrence of the alignment with affected landowner(s) which may encompass approximately 2,100 lineal feet. Within undeveloped property, the survey will extend approximately 100 feet in width approximately centered along the propased sewer trunkline, and within Pine Street, width shall be from ROW to ROW with additional detail areas at the lift station sites and points of connection. Existing utilities shall be located to the extent that they are visibly marked by the utility companies, 5. Base Mapping: Prepare topographic mapping In Civil 3D 2011 at a 1" = 40' scale, 22"x34" plan sheets.. Topographic features will be depicted using standard symbols. Topographic features that will be shown on the design plans will include but not be limited to fences, utility poles (including line routing), surfacing, utilities to the extent that they are found or field located lay the utility companies, edge of pavement, face of curb, sidewalks, striped roadway centerline, guard rails, signal poles, signs,.mail boxes, face of retaining walls, telephone risers, top of bank and waterway flowlines, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on Project. Where the proposed sewers will be located outside of the ROW, property Tines will Page 2 018 be shown based on research, ROS or plat information and found land monuments, When the sewer is located within Pine Street ROW, property lines will be shown based on Ada County G.I.S. mapping. Contours at one foot (1') intervals will be generated. Roadway will be cross-sectioned at 50' intervals, on centerline, edge of pavement, gutter flowline, top of curb, natural ground near ROW and any other points of irregular)ty as observed during the work. At intersections, cross-sections will be developed on side streets to extend 50' beyond the main street ROW. Within undeveloped areas, the sewer corridor shall be crass-sectioned at an approximately 50-foot width grid and grade breaks. Task 3 -Preliminary and Final ®esign Services 1, 50°/® Preliminary ®esign The 50% preliminary design will be initiated upon receiving substantial concurrence of the alignment with affected landowners. a. Develop a preliminary design alignment and profile for the trunk sewer to show bury depth and design grades. The design will be based on compliance with the 2010 Sewer Master Plan, point of connection constraints, ACRD/CITY utility corridor compliance, utility separations, utility conflicts, constructability, construction access, excavation depths, easement Grantor conditions, minimization of pavement repair and impacts to public traffic access. b. Develop a preliminary design of sewers to abandon Merrywood and Mosher's Farm lift stations. Develop preliminary site plan for each lift station showing conceptual abandonment of facilities. c. Prepare a review roll-plot showing base mapping, horizontal alignment of trunk sewer and profile. d. Meet with City to review concept alignment. e. Upon City approval of concept alignment, prepare 50% complete plans. f. Prepare a preliminary SWPPP that will include the two (2) lift stations. (City Environmental Division will review) g. Prepare a preliminary opinion of probable cost. h. Perform initial QA/QC i. Meet with the CITY to review 50% complete plans and receive comments and direction from the staff. j. Complete a field walk-through with CITY inspection staff and summarize field notes with the CITY's project manager on relevant project issues discussed, Deliverables; i. 50% Complete Preliminary Sewer Plan/Profile Roll-plot or plan/profile sheets, four (4) copies at a scale of 1"~40'. ii. 50% Complete Preliminary abandonment site plan for the Merrywood and Mosher's Farm Ilft stations. 2. 90% C®mplete ®esign, Plans and Project Manual (Agency Revi®w Sat) a. Revise the alignment and profile from the CITY's review comments at the preliminary design meeting as appropriate. b. Complete final design of the trunk sewer with considerations for ACHD/CITY corridor compliance, constructability, surface disturbance, sanitary separations, utility conflicts, excavation depths, easement Grantor condition and other pertinent design issues. e. Complete design of connection details, Merrywood LS and Mosher's Farm LS abandonment plan and details, abandonment of force mains at receiving manholes and near lift stations. d. Prepare 90% complete plan and profile sheets and detail sheets. Plan and profile sheets will be prepared at 1" = 40' scale, 22"x34" ANSI size "D" sheets. Page 3 of 8 e, Prepare technical specifications for items that are not covered or are in addition (clarification) to the 2010 ISPWC and Meridian's Supplemental Specifications and Standard Drawings (2008 Edition). (Note; COM Standard Details will no longer be required as part of the drawing submittal). f. Revise and prepare SWPPP plan and narrative per CITY requirements and standards, and incorporate the plan into the construction plans and technical specifications, g. J-U-B will prepare a traffic control plan (TCP) per ACRD requirements and obtain ACRD approval, and incorporate the TCP into the construction plans and technical specifications. h. Complete an Internal QC review with asenior J-U-B engineer i. Meet with the CITY to review submittal package and receive comments and direction from the staff on the project. j. Update the preliminary opinion of probable construction cost. k. The CITY will provide full review and comments from the Development Services and Construction Divisions. Deliverables; i. 90% Complete Plans, four (4) copies. fi. Technical specifications, four (4) copies Iii. Updated opinion of probable construction cost 3. 900% Plans and Project Manual (Did Ready) a. Incorporate applicable CITY and Agency review comments into the plans and technical specifications. b. Submit 100% complete plans and contract documents to the GITY for review and comment. c. d. The CITY will provide a QLPE review of the Final Plans e. J-U-B will revise the plans per any comments from the QLPE review prior to running the final bid ready protect plans. f. Submit a final opinion of probable construction cost. Deliverables: i. 100% Complete Drawings , 22"x 34" ANSI size D Size at a scale of 1" = 40', four (4) copies li. Project technical specifications four (4) copies iii. Final opinion of probable construction cost. iv. Electronic pdf version of the Plans and Technical Specifications Task 4 ®Agency C®®rdinati®n and Permitting 9. P-CHD Coordination and Permitting a. Coordinate alignments with the Ada County Highway District (ACHD) to establish acceptable corridors, This will include; 1. Determining if road or structure improvements are anticipated in the foreseeable planning period, 2. Obtaining pertinent design requirements and material specifications for proposed Improvements. 3, Obtaining record drawings of improvements in the project vicinity. 4. Identifying approval time required to complete the permitting process. 5. Surface repair requirements to the extent Indentified by ACHD. b. Prepare review submittal package to ACHD with follow up coordination as needed. c. J-U-B will prepare a traffic control plan (TCP) per ACRD requirements, and Incorporate the TCP into the construction plans and technical specifications, The level of effort is provided under Task 32.g. page 4 of ti 2. I®EQ Submittal Packages a. The CITY will provide QLPE review and approval of the design package once completed. ;' b. J-U-B shall coordinate, prepare, and submit Final plans, specifications, and checkists for approval to the Idaho Department of Environmental Quality (IDEA). 3. NMI® Permitting a. if required, permitting with Nampa-Meridian Irrigation District (NMID) will be initiated with the preferred sewer trunk alignment. J-U-B will coardinate and submit 90% complete plans to the NMID for review prior to initiating the license agreement. b. For the purpose of estimating the level of effort for this Task Order, it is assumed that one license agreement will be required for the Pine Trunk sewer crossing should the preferred alignment parallel to the Ten Mile Stub Drain be utilized. J-U-B will prepare the necessary license agreement applications, legal descriptions, exhibits and will pay the NMID License Agreement Fee (estimated at $350). It is also assumed no floodway infringement will be considered as no waterway crossing will occur. Deliverables: i. Agency submittal pac{<ages, checklists, calculations, etc. ii. NMID License Agreement with supporting easement legal descriptions Task 5 -Landowner Coordination and Easement Legal ®escription This Task coordinates easements with affected landowners and the CITY. Approximately five (5) landowners may be contacted along the Pine Trunk extension sewer west of Ten Mile Road and south of the Ten Mile Stub Drain. Ta abandon the Merrywood LS, coordination with the Morning Glory HOA is assumed for acquisition of a temporary construction easement. 1. Site Reviews and Exhibits a. Conduct field walk through of alignment corridor to determine visible constraints that may affect routing. b. Prepare preliminary easement maps using available CITY mapping and Ada County G.I.S, base mapping, and preliminary master plan alignments. These preliminary easement maps will be used for initial property owner contact. c. Research Ada County G.I.S, data base to determine parcel tax identification number and assessed value. d. Order title reports on parcels potentially impacted or adJoining the trunk line. Approximately five (5) reports will be ordered at a cost of $200/each. 2. Easement Coordination a. Initial Landowner interviews; Meet with each affected landowner to review the preliminary alignment maps, discuss easement acquisition process, and confirm specific issues and concerns, For the purpose of estimating the level of effort for this Task Order, one (1) individual meeting is assumed per landowner. Interview notes will be prepared documenting each interview meeting and a summary provided to the CITY. b. Follow up Meetings; For the preferred alignment, additional meetings may be required with affected landowners to negotiate easement siting, physical constraints and any temporary construction or access provisions. J-U-B services do not include valuation of the easement. For the purpose of estimating the level of effort for this Task Order, It is assumed that four (4) landowners will be contacted, and each requiring two (2) meetings. Page 6 of 3, Legal ®escriptions and Easement ®ocurnents a. J-U-B shall prepare legal descriptions for permanent sewer and temporary construction easements for the subject trunk sewers. For the purpose of estimating the level of effort for this Task prder, the preparation of four (4) legal descriptions is assumed. b. Using City easement forms, J-U-B will prepare easement documents incorporating the legal descriptions far draft submittal to the affected land owners. If acceptable to the land owner, J-U- B will provide a Notary to finalize the easement documents. Deliverables; 1. Landowner meeting summary ii. Copies of title reports ill. Legal descriptions, easement provisions and easement documents using CITY easement templates. Two (2) notarized copies of easements upon landowner approval. Assumptions; 1. City will record executed easements. 2. City will value the easements and provide legal consultation on an as needed basis for easement negotiations and acquisition. 3. A budgetary estimate for this Tasi< is shown on Attachment 2. The level of effort to secure easements can vary depending on the number of landowner contacted, landowner concerns and level of negotiations necessary. The budget will be reviewed with the City as wori< progresses to possible adjustment to the budget for this Task. 'Task 6 -Bidding and Construction Services J-U-B will furnish the services specifically limited to the following at a time and materials basis. 1. Bidding Services a. J-U-B will provide 20 sets of the Plans for bidding purposes b. J-U-B will provide one (1) set of Special Provisions and the bid schedule for the City's incorporation into Its standard bidding documents for bidding purposes. c. The City will prepare all "front-end" documents and all bidding documents will be distributed through the City's Purchasing office. d. Legal notice for advertisement of Bids will be prepared by the City. e. J-U-B will provide bid administration services as requested by the City, f. J-U-B will attend apre-bid meeting to assist in answering bidders' questions and advise on preparation of any addenda necessary during the bid process. g. if requested by the City, J-U-B will review Bidder qualifications, and provide a recommendat(on for contract award. 2. Construction Services a. Preconstruction Conference; J-U-B will attend the pre-construction conference with the contractor, CITY and agencies. b. Construction Assistance: J•U-B's project manager will be available during construction as requested by the CITY. Items that will be Included in this portion of the task may include: f. Shop Drawing and Product Data Reviews; J-U-B will review shop drawing and product data submittals for compliance with the design and contract documents. ii. Construction Administration; As requested by the City, J-U-B will assist the City in review of claims, change order and work directive preparation, address questions or RFI's, and other construction administration activities. Page 6 of 8 c. Construction Control Staking: J-U-B shall provide one (1) set of control staking for the Contractor to perform construction staking. The Contractor shall be responsible for protection of the staking and performing independent QA/QC of the control as the work progresses, and if disturbance has occurred. Re-establishment of the control will be performed on an additional time and materials basis and will be paid for by the Contractor directly to J-U-B. i. Each manhole will be staked horizontally and vertically. ii. Horizontal and vertical control will be staked every 500' along the trunk sewer. d. Close-out Procedures: J-U-B may conduct a walk through with the City and prepare a tentative punchlist to supplement the City's RPR list, e. Record Survey: Upon completion of the work, J-U-B will complete a survey of the work to include the rim elevations of all the manholes Installed and will dip each manhole to determine the elevation of the flowline inverts. f. Record Drawings: J-U-B will prepare record drawings from drawings received from the Contractor, City's RPR and J-U-B's survey of the work per the CITY'S Record Drawing Requirements. DeliveraBles: i. One (1) paper set of the proposed record drawings to be reviewed by the CITY prior to submitting the final as shown below, ii. Three (3) sets of 22"x34" record drawings. Each sheet will be sealed by a professional engineer with J-U-B standard disclaimer. iii. Two (2) CD's: a. One (1) will have the complete set of drawings in PDF format for submittal to DEQ b. One (1) will have the complete set of drawings in PDF and AutoCAD format for City use. TIM ®~ C®MPLETI®N -- 'Task - z - 'Task fVartte -- ~~ _ ~-.~r -Soh®dule Nurrt~er Task 1 Project Meetings, Administration On-going throughout other tasks and Easements Task 2 Topographic Survey Completed within 30 calendar days of Notice to Proceed if rivate ro ert access cdranted Task 3 Preliminary and Final Design Completed within 60 calendar days of Notice Services to Proceed if easement ac uisition is favorable Task 4 Agency Permitting & On-going throughout preliminary and final Coordination design, as required. Tas{< 5 Landowner Coordination and Completed in a timely manner. Easement Le al Descrl tions -- Task 6 - Bid and Construction Services Completed as required by CITY's bidding and contract award schedules, with exception of Task 6.2.e and 6.2.f which will be completed within 30 days of receipt of record information b the CITY and Contractor COMPEN~°TI®N The Not-To-Exceed amount for this Task Order No. 10029 is sixty-eight thousand, two-hundred thirty five dollars ($66,235.00), Page 7 of 8 Costs will be billed for actual time services are rendered up to the Not-to-Exceed amount per the table below utilizing the hourly rates for services and direct expenses included in the Master Agreement and are, by this reference, made a part hereof.. No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule below. Task Num r T u Task 1 Project Meetings, Admin(stration Time and Materials Not 2,707 and Easements to Exceed Task 2 To ra hic Surve Lum Sum 57,855 Task 3 Preliminary and Final Design Lump Sum X31,071 Services Task 4 Agency Permitting & Time and Materials Not 52,205 Coordination to Exceed Task 5 Landowner Coordination and Time and Materials Not 6, 6 Easement L al Descri tions to Exceed Task 6 Bid and Construction Services Time and Materials Not X17,351 to Exceed TOTAL 68 235 CITY OF MERIDIAN ~~ BY: ~ Dated: /0 - ~~- /j Approved by Counci EE Approv a to Form CITY ATTORNEY TITLE: Enaineerina Manager Dated: /O~, ~~t Page 8 of 8 ri i n ®ty un®I t®n at 975 E. Pine Street by Ada County Operations Department BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A FLOODPLAIN VARIANCE TO ALLOW FLOODPROOFING OF THE TRUCK STORAGE BUILDING LOCATED AT 975 W. PINE STREET FOR FINDINGS OF FACT AND CONCLUSIONS AND ORDER ADA COUNTY OPERATIONS DEPT. APPLICANT The above entitled variance application having come on for hearing on October 4, 2011, at the hour of 7:00 o'clock p.m, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. David Miles, Meridian Surface Water Program Administrator, appeared and testified. The City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions and Order: FINDINGS OF FACT 1. The property is generally located at 975 East Pine Street, Meridian, Idaho. 2. Ada County Operations. Department whose address is 975 East Pine Street, Meridian, Idaho, is the applicant. The property which is the subject of this application is within the City of Meridian. Ada County is proposing an addition at their Truck Storage Building, which is located in a FEMA Special Flood Hazard Area. 4. The Applicant requests a variance from the City of Meridian's Flood Damage Ordinance to allow floodproofing of the addition to the Truck Storage Building. The building was constructed in 2007 and fully complied with the City Flood Damage Prevention Ordinance at the time of the construction. 6. The building is used for truck storage. Vehicles enter and exit this building throughout the day for washing or trucks after applications or loading trucks for pest application. FINDINGS OF FACT AND CONCLUSIONS AND ORDER FOR VARIANCE FOR ADA COUNTY OPERATIONS DEPARTMENT FOR FLOODPLAIN VARIANCE -PAGE 1 OF 3 7. Since the construction of the Truck Storage Building the City Ordinance has been amended to require finished floors of buildings to be elevated to a higher level than the previous editions. 8. FEMA regulations allow for non-residential structures to use a technique known as floodproofing rather than elevating the finished floor above the Base Floor Elevation (BFE). 9. Elevating this building would be a hardship upon the Ada County Operations Department. 10. Current City Ordinance does not allow for floodproofing. CONCLUSIONS 1. 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. 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. 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 applicant has met all the criteria for the granting of a variance as defined above. That the application for variance to allow floodproofing of the Truclc Storage Building by Ada County Operations Department is granted. By action of the City Council at its regular meeting held on the ~ day of October, 2011. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN BRAD HOAGLUN VOTED ~~, COUNCILMAN CHARLIE ROUNTREE VOTED _g_~Q~ FINDINGS OF FACT AND CONCLUSIONS AND ORDER FOR VARIANCE FOR ADA COUNTY OPERATIONS DEPARTMENT FOR FLOODPLAIN VARIANCE -PAGE 2 OF 3 (` COUNCILMAN DAVID ZAREMBA VOTED ~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~® - / °/ MOTION: APPROVED: ~_ DISAPPROVED: JAYCEI~L. HOLMAN, CITY CLE ~ (+~ A T~ bA H 0 C'~ S,~ r~ 4'l ~~. J ~~~+deTR4A~~~~ Copy served upon Applicant, Public Works Department, and City Attorney. By: Dated: ~ O - (q • ~ O ( I ~ ~~ i y C r ffice FINDINGS OF FACT AND CONCLUSIONS AND ORDER FOR VARIANCE FOR ADA COUNTY OPERATIONS DEPARTMENT FOR FLOODPLAIN VARIANCE -PAGE 3 OF 3 ~i i n ity until eet®n ~4`T o October 18, 2011 I'1" 5J J T U o ITEM TITLE: Memorandum of Agreement for Rental of Rocky Mtn. High School Auditorium for aNot-to-Exceed Amount of $825.00 MEETING NOTES /?~,~,~` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCY I APPLICANT I NOTES ( INITIALS MEMORANDUM OF AGREEMENT FOR RENTAL OF ROCKY MOUNTAIN HIGH SCHOOL AUDITORIUM \ This MEMORANDUM OF AGREEMENT ("MOA") is made this ~ day of October, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the parties hereto find it to be in the best interest of their respective constituents to rent Rocky Mountain High School auditorium, located at 5450 N. Linder Road, Meridian, Idaho, to City for the dress rehearsal and performance of the Missoula Children's Theatre performing arts project "The Wiz of the West," on March 23and 24, 2012, a youth program of the Meridian Parks and Recreation ("MPR") and Meridian Arts Commission ("MAC"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. _ A. Rental Usage Agreement. All terms and provisions of the Rental Usage Agreement, concurrently executed by the parties and attached hereto as Exhibit A, are incorporated herein by reference as though set forth fully herein. B. Hold Harmless and Indemnity Agreement. All terms and provisions of the Hold Harmless and Indemnity Agreement, executed by the parties on August 22, 2007 and attached hereto as Exhibit B, are incorporated herein by reference as though set forth fully herein. C. Payment. City has remitted to District a deposit in the amount of five hundred dollars ($500.00) to reserve City's use of the Rocky Mountain High School auditorium as set forth in the Rental Usage Agreement. Within thirty (30) days following the performance on March 24, 2012, District shall remit to City an invoice for the remaining balance due for fees and/or damages actually incurred. The following fees shall apply: 1. Lights and sound operation: One (1) school employee to operate the lighting and sound equipment at dress rehearsal on March 23, 2012 and at the performance on March 24, 2012, at the rate of twenty-five dollars ($25.00) per hour, so long as City provides an adult volunteer to assist such school employee at both times. If City does not provide an adult volunteer, two (2) school employees will be required to operate the lighting and sound equipment, at the rate of twenty-two dollars ($22.00) per person per hour. 2. Weekend custodial services: One (1) custodian to be on site during City's occupation. of the RMHS auditorium on March 24, 2012 only, at the rate of twenty-five dollars ($25.00) per hour. It is understood that as custodial services are provided on weeknights, no additional charge shall apply for custodial services rendered on March 23, 2012. IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN JOINT SCHOOL DISTRICT N0.2: Troy ce D4pTeDAU~v~ ~GO~ rj~0 CITY OF MERIDIAN: City of n~ / E IDIAN~ C~ `~~/ ~`. - -t AH ~. A `R v .1'a~ e I~lman, CITty Clerk MOA WITH MERIDIAN JOINT SCHOOL DISTRICT NO. " x s USE OF RMHS AUDITORIUM PAGE 1 OF 1 EXHIBIT A NTAL A NT ,' 1''i.4' Between: Joint School District No. 2 1303 E. Central Drive Meridian, Idaho 83642 (Hereinafter called OWNER) RENTAL USAGE AGREEMENT And: yC~'~ ~ ~1e~;~~A e Ric Z (Hereinafter called ENTER) The District Service Center conference facility is hereby rented to the RENTER according to the following schedule and terms: • 1. Area(s)/Room(s) Rented ~/y~1' akai• 71;i-'c~.t. 2. Date(s) of Rental: z between the hours of 5 and D ~, 3 zYt(f Z ----~ (o a 1.~ ~ z p n.. 3. Check areaslequipmen s/services on page two and specify total fees to be paid in the space below as per Joint School District No. 2 policy 1003.20 (Rental Fees). 4 a. b. No equipment other than that specified in'Item 4 will be fu nisheldtto theoRENTER without prior c~ ~zY approval of the rental authority/principal. c. If the building being rented is not properly cared for, the rental authority/building principal retains the right to break the contract. d. No food or beverages will be allowed except in designated areas. e. Approved individuals or organizations shall be responsible for the orderly and lawful conduct of all attendees. f. Certain group programs or activities may require the presence of firemen, policemen, special equipment and medical personnel. The scheduling and payment of these services is the responsibility of the renter. g. The District will (n no event retain liability for any loss of revenue to Lessee for closure of the building by the Fire Marshal, or any situation out of District control, including an act of God. The Lessee will be liable for any fines imposed upon the District. h. No alcoholic beverage will be permitted in school buildings or on school property at any time. Smoking inside the District Service Center or anywhere on its property will not be permitted at any time, in accordance with District policy and State law. . Payment by the RENTER will be made prior to using the facility unless other arrangements have been made with the superintendent/rental authority. Special conditions of the agreement: ~°`~''~ a'ro4~~~°""L ~ OWNER will provide RENTER with a copy of policy numbers 1003.10 and 1003.20. RENTER ~z5 i has read and agrees with all of the cond't' f IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE. By OWNER By RENTER c up ~tenden esignee) ~ (ut orize Re~~+7resenta~ve GIT~ CG~~.a,laGL r~ 1Db~ ,i late Agreement Signed ~® ~~~ :-~~'' ExHieiT B L ARM L I N M N ITY R NT x, Es E .~G Na (For Use of School District Facilltie' by a Governmental Entity) THIS HOLD HARMLESS AGREEMENT ("Agreement") is made by and between Joint School District No. 2, an Idaho school district and body corporate and politic of the State of Idaho, here' the "District", aril the City afMeri ;'h ~ftar~referred`to as "Entity".r R CI : A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho Code §6901, et, seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from time to time as approved by the District. C. Fn exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certaia written assurances and indemnifications to District for claims aad damage arising out of or occurring during or from such use as hereinafter set forth. NOW THEREl?ORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows: 1. I_ttdenvaification of District, Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury andlor property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. xoLU ~r.ess au~~Errr,wn uvu$navrrx Actcr~etvr.-r.~e r ®es 2, En~~to Maintain I11~;ance Cow, As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. a. The insurance policy shall contain standard liability inswing agreements in the limits set forth in the Idaho Tort Claims Act, flaming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars (500,000,00) for bodily or personal injury, wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities '' andfor'groun~s;'aad'at least annually th er for so long as E~rihty sfiall use any such facility and/or grounds, Entity shall furnish the District with a cerrtificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer, c, The certificate of insurance shall provide that the company or program praviding such coverage shall provide the District with thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof, e, To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out Entity's use of the District's facilities and/or grounds, 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agrcement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Notices, Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To DisMct: Joint School District No, 2 Attn: Superintendent 1303 E, Central Dr. Meridian, Idaho 83b42 To Entity: City of Meridian HOLD HARMLESS ACR$~MElY1' AND INDEMNITY ACRBIEMENI'- e Z of 3 Attn: City Clerk 33 East Idaho Avenue Meridian, ID 83642 5, As~s'gn_tgent, Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreerraent, 6, Attorney's. 1n the event that suit or action is instituted by either party to interpret or enforce this Agret~nent, the prevailing party shall be entitlcd to recover a reasonable surn as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal, 7. Governing Law, 'This Agreement shall be governed by and construed in accordance with . rho laws-of the State of'Idahb. .... '_ .. _. ..---...'-. ----~• •-- - -- .- .._. -• 8. Authority of the Parties. Each party to this Agrament represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or odif c~h'otr, No modification, releas®, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: City of Meridian ~~ Its: ~ Date 5lgaed: ®I^ ~'\`,~~~ti ~ t t n a ~ i~n~,~~~~, ~i G ~l~-b = s~~~ ~< ~ ATTEST: Hy. li;c.n'!a. C r. Its: r DIS CT: JOINT SCHOOL DISTRICT N0.2 By. J~ ~ ry Its: ''~~/ti.[ 7`~-X/ DG-`~17- Date Signed: 3~~z.~ C ~- , AbLD SS AGREEMENT AND rNDEMNiTY ACRIEBMI~M'-Pose 3 of J ri i n ity cavil satin for Instructor Services MEETING NOTES y~~~,~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFD TOI AGENCO I APPLICANT I NOTES I INITIALS PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES is made this i b~ day of ~(~ ~~ , 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Jeanette Light, an individual person whose address is 4973 W. Talamore Dr., Meridian, Idaho (hereinafter "Instructor") (collectively, "Parties"). WHEREAS, City and Instructor are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Instructor has specialized training, experience, and skill and is willing to dedicate such skill to the instruction of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and furnish to City all services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. B. Timeliness. Instructor shall perform services and work under this Agreement from October 1, 2011 through September 30, 2012. C. Compliance with laws and standards. Instructor shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. A. Compensation. City shall pay Instructor for services rendered under this Agreement in the amount specified in the Scope of Services attached hereto. This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Instructor. B. Method of payment. City shall remit payment to Instructor for services rendered under this Agreement within thirty (30) days of receipt of monthly invoice. C. Tazes. City shall not withhold any Federal or State income taxes or Social Security tax from any payment made by City to Instructor under the terms and conditions of this Agreement. AGREEMENT FOR INSTRUCTOR SERVICES PAGE 1 OF 5 Payment of all taxes and other assessments on such sums shall be the sole responsibility of Instructor. D. No additional compensation. Except as expressly provided in this Agreement, Instructor shall not be entitled to receive from 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, or transportation. Further, without limitation, Instructor 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. III. GENERAL TERMS AND CONDITIONS. A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Instructor or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regazdless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Instructor's use. Instructor accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each practice session, game, and/or game day. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via a-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Instructor: Jeanette Light Attn: Human Resources Director 4973 W. Talamore Dr 33 E. Broadway Avenue Meridian, Idaho $3646 Meridian, Idaho 83642 AGREEMENT FOR INSTRUCTOR SERVICES PAGE 2 OF 5 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment. Instructor shall not assign or sublet all or any portion of Instructor's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor. In all matters pertaining to this agreement, Instructor shall be acting as an independent contractor, and neither Instructor nor any officer, employee or agent of Instructor shall be deemed an employee or agent of City in any manner or for any purpose. H. Termination. If, for any reason, Instructor fails to fulfill in a timely and proper manner Instructor's obligations under this Agreement, violates any of the covenants, agreements, and/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 Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Instructor of such termination and specifying the effective date thereof, at least forty-eight hours prior to the effective date of such termination. Instructor may terminate this agreement at any time by giving at least seven (7) days notice to City. Upon termination of the agreement, Instructor's classes shall be immediately cancelled and the Parties shall have no further dealing hereunder, except that Instructor shall be paid for services actually rendered pursuant to this agreement. I. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, Instructor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Instructor, and City may withhold any payments to Instructor for the purposes of set-off until such time as the exact amount of damages due City from Instructor is determined. This provision shall survive the termination of this agreement and shall not relieve Instructor of liability to City for damages. J. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. 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. K. Attorney fees. Should litigation commence 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. AGREEMENT FOR INSTRUCTOR SERVICES PAGE 3 OF 5 L. Discrimination prohibited. In performing services under this Agreement, Instructor shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. M. Compliance with laws. In performing the scope of services required hereunder, Instructor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. O. 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. P. 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. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. R. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. TNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of 2011. BY: C~ Attest: AGREEMENT FOR INSTRUCTOR SERVICES PAGE 4 OF 5 CITY OF MERIDIAN: EXHIBIT A SCOPE OF SERVICES Duties: Instructor to perform duties one day per week, Friday, 12:05 p.m. to 12:55 p.m., unless otherwise specified and mutually agreed upon by both parties. Zumba Class Instructor duties to be performed on the 3rd Floor of Meridian City Hall, in Room # 306, unless otherwise mutually agreed upon by both parties. Compensation: $30 per class regardless of number of participants. AGREEMENT FOR INSTRUCTOR SERVICES PAGE S OF 5 ~i i n ity unil tin T° ®ctober 18, 2011 IT 5L J ITEM TITLE: Resolution No. /( ~~ A Resolution of the City of Meridian Providing for an Update of the Grievance Procedure for the City of Meridian in Connection with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCY I APPL CANT I NOTES I INITIALS CITY OF MERIDIAN RESOLUTION NO. // ~` BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY OF MERIDIAN SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE UPDATE OF THE GRIEVANCE PROCEDURE FOR THE CITY OF MERIDIAN IN CONNECTION WITH SECTION 504 OF THE REHABILITATION ACT AND THE AMERICANS WITH DISABILITIES ACT. WHEREAS, the Mayor and City Council have the authority [pursuant to LC. § 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 Mayor and City Council have deemed it expedient and in the best interests of the City of Meridian to update its Grievance Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. WHEREAS, the Grievance Procedure is established to meet the requirements of Section 504 of the Rehabilitation Act and the Americans with Disabilities (ADA). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian Grievance Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act be approved and adopted, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein by this reference. Section 2.. That the City of Meridian Notice Procedure under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act be approved and adopted, a copy of which is attached to this Resolution as Exhibit "B" and incorporated herein by this reference. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~+ ADOPTED by the City Council of City of Meridian, Idaho this ~0 day of October, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of October, 2011. RESOLUTION UPDATING AND ADOPTING T ',~©r~~~~~~. IEVANCE PROCEDURE UNDER THE ADA AND SECTION 504 OF THE REHABILITATION ACT -1 OF 1 EXHIBIT "A" C Y E IAN, A Grievance r®cedure under he A ericans it inabilities Act and section 0 ®f the e abilitation Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act. These statutes prohibit discrimination by any program or activity that receives federal funds or is a public entity. Discrimination includes exclusion from participation, denial of program benefits or other acts of discrimination against a person with a disability. This grievance procedure may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Meridian. The City's Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or an audio recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Bill Naiy ADA/504 Coordinator 33 East Broadway Avenue, Meridian ID 83642 Within 1 S calendar days after receipt of the complaint, the ADA Coordinator or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City of Meridian and offer options for substantive resolution of the complaint. It is unlawful for the City of Meridian to retaliate against anyone who files a grievance or who cooperates in the investigation of the grievance. If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Mayor or her designee. GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT - PAGE 1 of 2 Within 15 calendar days after receipt of the appeal, the Mayor or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Mayor or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or his designee, appeals to the Mayor or her designee, and responses from these two offices will be retained by the City for at least three years. The availability and use of this grievance procedure is not a prerequisite to, nor does it impair, the filing a complaint of discrimination with any appropriate federal or state agency. The time allowed for filing a complaint with another agency may be longer than allowed under the City's grievance procedure. GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT - PAGE 2 of 2 CITY E IAN, A N 'I'CE iT E 'I' E A E ICANS 'I' A II~'I'ES ACT A C'I'I N O F T E A I,ITA AC In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act, the City of Meridian will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Meridian does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA. Effective Conzmunic~rtion: The City of Meridian will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Meridian's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Motlificrrtions to Policies crud Procednres: The City of Meridian will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Meridian, should contact the office of the City Clerk or ADA/504 Coordinator Bill Nary as soon as possible but no later than 48 hours before the scheduled event. The ADA and Section 504 do not require the City of Meridian to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the City of Meridian is not accessible to persons with disabilities or otherwise subjects a person to discrimination based upon disability should be directed to Bill Nary, ADAl504 Coordinator. The City of Meridian will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. Meridian City Council Meeting DATE: October 18, 2011 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Amended onto the Agenda: Release and Settlement Agreement with TMC, Inc. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E•MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS R,~LEASE ANI~ SETTLEMENT AGI~EMENT This Agreement is entered into on this day of October, 201 1, by and between the City of Meridian ("Releasor"}, and the TMC, Inc, ~"Releasee"}, and all of Releasor's and Releasee's employees, employers, officers, directors, representatives, attorneys, agents, successors, assigns, heirs, spouses, and any and all other persons or entities acting in their individual capacity or on behalf of Releasor and Releasee, WHEREAS, (fin May 8, 2007, Releasor and Releasee entered into a contract under which Releasee was hired to perform masonry worlt on the New Meridian City Hall Project. Among other things, the specifications far such project called for the coursing, placing, and bonding of masonry to the exterior of the new building. Releasor took occupancy of the building an October of 2008. tin October 13, 2009, Releasor sent a letter notifying Releasee of significant issues involving visibly apparent areas of deficiency of the Work performed and installed including missing or cracked grout, masonry out of plumb and out of alignment, and failed repairs. Releasor and Releasee have engaged in numerous discussions regarding the alleged deficiencies and potential remedies. Releasor and Releasee have agreed on a scope of work to be performed by Releasee as set forth in the document titled "Meridian City Hall Masonry Veneer Remediation" prepared by ZGA architects dated September 2d, 2011 (the "Remediation Plans"); and, WHEREAS, Releasor and Releasee eacl~ have reviewed and understand the foregoing stipulated facts and the remainder of this Agreement, and hereby agree to the contents herein as ~ being the correct and entire agreement between the parties, This Agreement is entered into in the State of Idaho and is to be interpreted by the laws of the State of Idaho. There are no promises, inducements, agreements, terms, conditions ar obligations other than those contained herein, with the exception of the issue of the incomplete building paper wrap into the window jambs which is the subject of a separate Memorandum of [~nderstandin executed b the ~ y parties, both Releasor and Releasee have consulted with their own counsel as to the contents and consequences of this Agreement and understand that this Agreement is to be an absolute defense and shall forever be a complete bar to the prosecution of any actions, lawsuits or proceedings whatsoever against Releasee arising out of or in any way related to the agreement dated May 8, 2007 with the above exception noted. NOW, THEREFORE, Releasor and Releasee agree as follows; In consideration of the work to be performed by Releasee as specified in the Remediation Plans, and upon completion of all the work and sign off by Architect ZGA and ( ) Construction Manager tl~reizenbecl~) ,Releasor agrees to release Releasee from liability for any and all rights, causes of action, claims, lawsuits, damages of any nature, both known and unl~nown, both now and in the future, that arose, will arise andlor are related in any way as a result of the May $, 2007 Agreement, with the exception of the issue of the incomplete building paper wrap into the window jambs which is the subject of a separate Memorandum of C~nderstanding executed by the parties, This Agreement shall discharge Releasee from any and all claims and lawsuits whatsoever that Releasor could have brought, or could bring against Releasee in the future based on the performance of the May 8, 2007 Agreement with ,,~,,, the above exception noted, RELEASE AND SETTLEMENT AGREEMENT Page 1 of Z '~` Releasor full ~u~derstands an ' y d agrees that, vv~th the exception of the bu~ld~ng wrap issue noted above, this Agreement is a full, final and complete release and discharge of any and all claims of any nature which it nzay have against Releasee, and is inclusive Qf any claims ar demands for attorney's fees and casts, The undersigned have read the foregoing Agreement and fully understand the same, DATED this ~ day of C}ctober, 2011. R~L~AS4R: City of Meridian . ~- Tammy de W ayor R~~~AS~~: TMC, Inc. Tim McGourty, President RELEASE ANb SETTLEMENT AGREEMENT Page ~ of 2 Meridian City Council Meeting DATE: October 18, 2011 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Amended onto the Agenda: Memorandum of Understanding Between TMC, Inc. and the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM 4F UNDERSTANDING BETWEEN TMC, INC. AND THE CITY OF MERiD1AN TH1S MEMORANDUM OP UNDERSTANDING is made a d en red in o this ~g n to t day of October, 2Q11, by and between TMC, Inc, TMC} and The City of Meridian, Idaho City}, to establish a mutual understanding regarding certain incomplete work involving the building paper wrap into the window jambs afi the New Meridian City Hall. WHEREAS, On May 8, 2001, City and TMC entered into a contract under which TMC was hired to perform masonry work on the New Meridian City Hall Project the "Project"}; and, WHEREAS, The specifications for the Project called for, among other things, the coursing, placing, and banding of masonry to the exterior of the new building and installation of building paper on the exteriorwalls; and, WHEREAS, City took occupancy of the building an October of 2008; and, WHEREAS, On October 13, 2000, City sent a letter notifying TMC of significant issues involving apparent areas of deficiency of the work performed and installed on the Project; and, WHEREAS, City and TMC have engaged innumerous discussions regarding the alleged deficiencies and potential remedies; and, WHEREAS, City and TMC have agreed on a scope of work to be performed by TMC in exchange for a release and waiver of claims from City (the "Release Agreement"}; and, WHEREAS, certain work deficiencies involving incomplete building paper wrap into the window jambs thereinafter "Building Wrap Remediation"} were excluded from the Release Agreement because City and TMC have agreed that said the Building Ullrap Remediation is not capable of being performed on a specific timeline; and, WHEREAS, City and TMC have agreed to a plan to address the Building Uvrap Remediation which is the subject of this Memorandum of Understanding, MEMQRANDUM OF UND~RSTANDINC-1 of 3 r~ N~1111, THERE~~RE, the parties hereby agree as follows: ~ ~ In recognition of the incomplete condition of the building window wrap, TMC has agreed to par#icipate in any future repairs of the building wrap at the windows and will correct the incomplete condition at no charge if City removes and replaces the windows to expose the condition. 2, TMC's Building vvrap Remediation shall be performed to the standard specified in the Project records as detail C6~A3,2 Condoc 0~140.K (Return ~ jamb} and othersimilarjamb, head, and sill details of window details. 3. City intends to remove certain windows on the upperfloors as part ofa reMroofing project scheduled for the Spring of 2g12, and TMC has agreed to erform p Building Wrap Remediation on those windows at thatt~me. ~. The remainder of the windows on the Project are not leaking at this time, but in the event of future leakage around particular windows, or in the event that City chooses to remove and remove and replace all of the windows on the Project at any time, TMC agrees to perform Building Wrap Remediation at the time that City chooses to perform the removal and replacement of the windows, TMC's agreement to perform the Building Wrap Remediation an these terms shall be a promise and covenant that shall exist forthe life of the building until such time as ~ City or its agent has verified that all windows on the project have received building vvrap Remediation. 5. In the event that TMC fails to fulfill its obligations under this agreement, Cify reserves the right to utilize any available legal remedy, including actions for damages or specific performance. fi~ If a suit, action, or other proceeding arising out of or related to this MOU is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs {i}incurred in any settlement negotiations, (ii} incurred in preparing for, prosecuting or defending any suit, action; or other proceeding, and viii}incurred in preparing for, prosecuting ar defending any appeal of any suit, action, or other proceeding. For the purpose of this section, "attorney fees" shall mean and include {i} attorney fees and {ii} paralegal. fees, This section shall survive and remain enforceable notwithstanding any rescission of this MOIJ or a determination by a court of competent jurisdiction that all or any portion of the remainder of this M~U is void, illegal, yr against public policy, 7, This MCU shall be construed and interpreted in accordance with the laws of the State of Idaho, The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree thatAda County is the propervenue. 8. Time is of the essence with respect to the obligations to be performed under this MEMORANDUM OF UNDERSTANDING- 2 of 3 ~1 9, Except as expressly provided in this MOU, and to the extent permitted by law, any remedies described in this MOU are cumulative and nat alternative to any other remedies available at law or in equity. 10, The failure or neglect of a party to enforce any remedy available by reason of the failure ofthe other party to observe ar perform a term orconditivn setforth in this MOU shall not constitute a waiver of such term or condition, A waiver by a party ~i~ shall not affect any term or condition other than the one specified in such waiver, and (ii7 shall waive a specified term or condition only forthe time and in a manner specifically stated in the waiver, 11,This MOU shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind, IN vvITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. TMC, Ir~c, ~y , Tim McGourty, Presid nt CITY aF ~~ , ., e eerd, Mayor Attest: o~z~uau~~~ o~ j,, ~~~ J ce 1m i ~~ IDIAN ~ IDAHO ~~ ~ ~~, ~ ~r~ <<6e 5~4~-~°~ MEMORANDUM OF UNQERSTANDING- 3 of 3 ri i n ity cancil satin °f a October 1 ~, 2011 I1° lJ 6a J T ITEM TITLE: Swearing in of New Police Officers IVIETINC N Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FlN,4L ,4CT/ON DATE: E_MSTAFF TOI AGENCYO I APPLICANT I NOTES I INITIALS ~i ian ity until tin 1° a October 18, 2011 I 6 J T . ~i i n ity until in T a ®ctober 18, 2011 IT° 7 J ITEM TITLE: Items Moved from Consent Agenda s~,~,~ ~i i n icy until tirr FP 11-009 -Final plat approval of 12single-family residential building lots and 2 common lots on 7.22 acres by Tuscany Development - s/o E. McMillan Road & N. Eagle Road MEETING NOTES f~~ Community Item/Presentations Presenter Contact Info./Notes C~-de~ or-, 1 I~ I- I 1 CLERKS ®FF~CE F~~AL ACT,®nr DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT r® ian ity uncil satin `f :October 18, 2011 I lJ $ J T 11®008 DATE: I E-MSTAFF TOI AGENCY ( APPL CANT I NOTES I INITIALS ri i ity until satin T :Oct®ber 18, 2011 IT lJ J 11-003 DATE: IE-MSTAFF TOI AGENCY I APPLICANT I NOTES I INITIALS ~i i ity until tin T' :October 18, 2011 I $ J ~ e 11-002 ITEM TITLE: Public Hearing: VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District IVIEETIIVG NOTES l`F~ Community Item/Presentations Presenter Contact Info./Notes cLFRKS oFF~cE F~N~L Acr~on- DATE: I E-MSTAFF TOI AGENCY I APPL CANT ( NOTES I INITIALS ri i n iy until fin T' ®ctober 18, 2011 I $ : T 11-007 ~~~e,~ are I I ~ I - I CLERKS ®FF~cE FINAL ~CT~®N DATE: I E-MSTAFF TOI AGENCY I APPL CANT I NOTES I INITIALS ri i n ity un®1 a t®n T' :October 18, 2011 IT $F J T l1 C PAM 11-002 ITEM TITLE: Public Hearing: Millennium Retail Center by Jeffrey Hall Located Generally at the Southwest Corner of W. Overland Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map Designation on 2.54 Acres of Land from High Density Residential (HDR) to Commercial Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I DATE: (E-MSTAFF TO) AGENCY ( APPLICANT I NOTES I INITIALS I ri ®n ity until satin °T .:October 18, 2011 J T CPAM 11-001 ~Sc~ p-~ II-I- 11 CLERKS oFF~cE F~naL acr~on- I DATE: IE-MSTAFF TOI AGENCOY ( APPLICANT ~ NOTES I INITIALS I r® ia~ ity u~il a by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R-15 Zoning Districts IV~ETING NOTES Community Item/Presentations Presenter Contact Info./Notes Fi~CL on (I-~-I{ CLERKS oFF~cE F~~AL Acr~onr ~i i n iy cavil satin °T : Ocfober 18, 2011 J 1° lJ o ITEM TITLE: Future Meeting Topics MEETING NOTES ~2 ~- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION