2013-02-19I It, MCA 11111
Tuesday, February 19, 2013 at 7:00 PM
X David Zaremba X Brad Hoaglur
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegianc,
3. Community Invocation by Pastor Gordon Slyter of Treasure Valley
Worship Center
4. Adoption of the Agenda Adopted
5. Proclamation
A. Proclamation for Skills USA
A. Approve Minutes of February 5, 2013 City Council PreCouncil
Meeting
B. Approve Minutes of February 5, 2013 City Council Regular
Meeting
C. Approve Minutes of December 19, 2012 Special City Council
Meeting
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E. Development Agreement for Approval,: AZ 12-007 Linder
Church of Christ by Linder Church of Christ Located 1/2 Mile
West of N. Black Cat Road on the South SideUstick
Meridian City Council Meeting Agenda — Tuesday, February 19, 2013 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Road Request: Annexation and Zoning of 21.82 Acres of Lan. W
m m
with C -C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts
H. First Addendum to the Memorandum of Understanding
Between the Julius M. Kleiner Memorial Park Trust and the
City of Meridian
Sewer and Water Main Easement for Zebulon Tffhg6
Subdivision
J. Approval of Task Order 10353A for "Infiltration Evaluation for
Waste Water Effluent Management" to Brown and Caldwell for
the Not -To -Exceed Amount of $111,305.00
K. Community Development Block Grant (CDBG) Sub-Recipierit,
Agreement with Open Lines, Inc. for Senior Employment
Program for a Not -to -Exceed Amount of $12,000.00
L. Resolution No. 13-908.- Authorizing the City Clerk to Destroy
Certain Semi -Perm nent Records of the Meran Police
Department and the Information Technology Department
7. Items Moved From Consent Agenda None
A. Public Comment on Proposed City Council Resolution to Seek
a Ballot Measure to Expand the Number of Elected City
Council Seats from the Current Four (4) Seats to a Total of Six
(6) Council Seats
Meridian City Council Meeting Agenda — Tuesday, February 19, 2013 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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4-0 Jill
Public
H. Hearing: PP 12-016 Fall Creek Subdivision by Coleman
H . omes, LLC Located South of W. Overland Road on the East
Side of S. Linder Road Request.- Preliminary Plat Consisting of
297 Building Lots and 30 Common / Other Lots on 111.26
Acres of Land in an R-8 Zoning District Approved with
Conditions
Meridian City Council Meeting Agenda — Tuesday, February 19, 2013 Page 3 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
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C. Legal and Planning Department Joint Report: Letter from
David Turnbull Regarding the Ten Mile Crossing Development
Agreement
d
Directestaff to make changes.
F. Community Development-, Meridian Interchange Design
Elements - Review Design, Theme, and Elements for the New
Meridian Interchange
G. Community Development.- Rail with Trail Grant Application,
Round 2 Motion approved to move forward with application.
Meridian City Council Meeting Agenda — Tuesday, February 19, 2013 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Future Meeting Topics
Adju o u rned at I 1 -1-3 22 p. m.
Meridian City Council Meeting Agenda — Tuesday, February 19, 2013 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council February 19 2013
A meeting of the Meridian City Council was called to order at 7:14 p.m., Tuesda
February 19, 2013, by Mayor Tammy de •': I
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charli
Rountree and Brad Hoaglun. i
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Sonya Watters,
Clint Dolsby, Michael de St. Germain, Chris Amenn and Dean Willis.
X David Zaremba X -Brad Hoaglun
X Charlie Rountree X Keith Bird
X — Mayor Tammy de Weerd
De Weerd: We willenter right into our regular agenda. For the record it is Tuesday,
February 19th. It's 7:14. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in th
.#iledge to our flag.
Item 3: Community Invocation by Pastor Gordon Slyter of Treasure Valley
Worship Center
De Weerd: Thank you. Item No. 3 is our community invocation. Tonight we will be le
by Pastor Gordon Slyter. He is with Treasure Valley Worship Center. If you will all joi
us in the community invocation or take this as an opportunity for a moment of reflectiol
Thank you for joining
Slyter: Well, thank you. I wish there was a way we could just import the previous report
into our prayer for thanksgiving, because every one of those things are awesome. Let's
pray. Father in Heaven, we thank you for the privilege of living in this city and the many
blessings that we enjoy here and the evidence of your good hand upon us. Thank you
for the many community programs that are put in place. The programs involve people.
Thank you for the many wonderful people who serve our citizens through these
programs and bless them, Lord. We know that in the conducting of business there will
always be challenges and things to overcome. We pray that we would have your help
in doing those things. Now, be with our public servants. We ask that you will be in our
city with the needy among us, with the elderly, with families, with those who are doing
Meridian City County
February 19, 2013
Page 2 of 84
business here and providing employment. Just let your blessing continue upon this city.
We thank you for all these things. Bless the business that is conducted tonight. Grant
wisdom and protection. We pray these things in Jesus' name, amen.
Item 4: Adoption of the Agenda
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Hoaglun: A couple of items on tonight's agenda. Item 6-L is Resolution No. 13-980 .
Under Action Items, following 8-B we would like to move 8-J to follow 8-B. And under
Department Reports, 9-A is Resolution No. 13-910. 9-B is Resolution No. 13-911.
Under Ordinances 10-A is Ordinance •No. •13-1542. 10-B is Ordinance •No. 13-1543.
And 10-C is Ordinance No. 13-1544. So, with that, Madam Mayor, I move adoption of
the agenda as amended.
De Weerd: I have a motion and a second to adopt the agenda as amended. All thos
in favor say aye. All ayes. Motion carried. i
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De Weerd: Okay. Our next item I do have the privilege of being able to recognize a
certain group of individuals and their leader once a year and those are the students
from Skills USA. We have tremendous ambassadors -- young tremendous
ambassadors for our community that compete on a national level and always do our
community proud. So, I'm going to read this proclamation. I will come down and
present it to the group and I will ask that each of you introduce yourself. State your age
and the school that you're from and your specialty. Okay. So, whereas the City of
Meridian is proud to recognize deserving zens of the community, especially students
who accomplish great things on behalf of their community and whereas Skills USA
Team Renaissance willingly spent numerous hours during their class times and
weekends to plan and construct a home in a 120 days, which became known as A
Home for the Holidays for a deserving family within the Joint School District No. 2
boundaries and whereas Skills USA Team Renaissance has demonstrated their
willingness to share the meaning of Skills USA with the citizens of Meridian, as well as
legislative officials and whereas Skills USA Team Renaissance utilize their construction
skills to remodel a school district portable classroom which was scheduled to be
Meridian City County
February 19, 2013
Page 3 of 84
Ross: Hi. My name is Zach Ross. I attend Eagle High School, but I'm also a part-time
student at Renaissance for the residential construction program. This is my third year
and I'm also a part of the community service team for Skills USA.
Headry: Hi. I'm Samantha Headry. I go to Eagle High School and I'm also part of thiz.;
community service team for Skills USA.
Font: I'm Taylor Font. I'm 17. 1 attend Mountain View High School and I'm part of the
carpentry competition.
Bridges: I'm Layne Bridges. Eighteen years old from Centennial High School and part
of the digital home technical integration.
Pila: My name is Michaelene Pila. I attend Renaissance High School and I am part of
the residential construction class.
Robbins: My name is Daniel Robbins. I am 18 years old. I'm from Rocky Mountain
High School and this is my two year and I'm going promotional -- sorry. I'm doing
promotional bulletin board.
Nay: My name is Matt Nay. I go to Centennial High School. I'm 17 years old and I'
t.Iso in the promotional bulletin board for Skills USA.
Starling: My name is Dan Starling. I go to Mountain View High School. This is my
second year in the program and I am also part of the community service team.
Malman: Hi. My name is Harley Malman. I'm 17 years old. My first year in the skills
division and I'm doing the chapter display.
Meridian City County
February 19, 2013
Page 4 of 84
Chrisbaum: Hi. My name is Henry Chrisbaum. I'm 17 years old. I attend Mountain
View High School and I'm doing the promotional bulletin board.
Hoaglun: He doesn't have to give his age, does he, Mayorl
Enger: No. Good evening. My name is Mark Enger. I'm the advisor -- one of many at
the school district here for Skills USA. To be honest with you, the talent and abilities of
these students is unsurpassed. Briefly last year the community service team ended up
as being fourth in the nation with their competition. As a matter of fact, the police and
fire, especially the fire competition ended up as being third in the nation in their
competition. The digital home technology integration was a back-to-back winner, two
years in a row, silver competition, come home with hardware we say. So, that is a first
in the entire state of Idaho. So, hopefully, we can always -- instead of being the
bridesmaid in that one, come home and be the bride with the gold medal this year. So,
hopefully, that competition will continue to have great success. They talk about how
well the city is doing and that is true, there is no question, and the evidence is in its
youth and the evidence is the success in their youth, this is your City Council right here
behind supporting this youth, which is fantastic, and that makes my job, as well as all
the other advisor's jobs so much easier. That in itself is fantastic and I appreciate that
to know end with Tammy de Weerd, as well as all the City Council members. Thank
you.
Item 6: Consent Agenda
A. Approve Minutes of February 5, 2013 City Council PreCouncl
Meeting I
Approve Minutes of February 5, 2013 City Council Regula
Meeting i
f **
Approve Minutes of December 19, 2012 Special City Council
Meeting
Development Agreement for Approval: Public Hearing: AZ 12-
014 Tomorrow's Hope by Thair Pond Located East Side
Meridian Road and South of E. Ustick Road Request:
Annexation of 6.99 Acres of Land from RUT and R-1 in Ada
County to the R-8 (Medium -Density Residential) Zoning District
E. Development Agreement for Approval.- AZ 12-007 Linder
Church of Christ by Linder Church of Christ Located 1/2 Mile
West of N. Black Cat Road •on the South Side of W. Ustick
Road Request: Annexation and Zoning of 21.82 Acres of Land
with C -C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts
Meridian City County
February 19, 2013
Page 5 of 84
H. First Addendum to the Memorandum of Understanding
Between the Julius M. Kleiner Memorial Park Trust and the
City of Meridian
Sewer and Water Main Easement for Zebulon Village
Subdivisioi
W
Approval of Task Order 10353A for "Infiltration Evaluation for
Waste Water Effluent Management" to Brown and Caldwell
the Not -To -Exceed Amount of $111,305.00 1
K. Community Development Block Grant (CDBG) Sub -Recipient
Agreement with Open Lines, Inc. for Senior Employment
Program for a Not -to -Exceed Amount of $12,000.00
L. Resolution No. 13-908: Authorizing the City Clerk to Destro
Certain Semi -Permanent Records of the Meridian Police
Department and the Information Technology Department
De Weerd: Okay. Thanks, Caleb. Okay. Item No. 6 is our Consent Agenda.
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Hoaglun: Under the Consent Agenda 6-L is Resolution No. 13-908. With that noted I
would move approval of the Consent Agenda and the Mayor to sign and the Clerk tir
attest.
Meridian City County
February 19, 2013
Page 6 of 84
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion I will call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, ye4
De Weerd: All ayes. Motion carriecl
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Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
k. Public Comment on Proposed City Council Resolution to SeeK
a Ballot Measure to Expand the Number of Elected City
Council Seats from the Current Four (4) Seats to a Total of Six
(6) Council Seats
De Weerd: So, we will move right into our Action Items. Item 8-A. Council, we have
invited public comment on a proposal to look at increasing our City Council seats and
the representation in our community from four to six and I would ask if you have any
comment at this point and, if not, I will ask if there is members of our Council who would
like to provide comment on this.
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�e Weerd: Okay. None at this point
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Rountree: Just a comment that when we first discussed this I think we were unanimous
in wanting to hear from the public before we proceeded. So, whether it's a go or a no
go we want to hear from the public and if it's a go it's a public decision, not our decision.
And if it's a no go, then, that really rests on our shoulders.
De Weerd: Okay. I will give a little bit of dialogue coming into this is we had a citizen's
committee that looked at city services and representation was one of those items that
came up as a point of discussion. Certainly our city has seen an increase in population
and as many of similar size cities across the state have six members, we thought it was
timely to look at does our community desire an increased number here as well. Let me
give you some reasons of why this does make sense. These four city councilmen are
part time, but they have pretty full plates in their representation on various commissions
Meridian City County
February 19, 2013
Page 7 of 84
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'Tearsley: Good evening-.
De Weerd: Thank you for being here. If you will, please, state your name and addres
for the record.
Yearsley: Thank you. My name is Steven Yearsley. I'm at 2961 East Lucca in
Meridian. I wanted to come and Support the option to go to six council members. Thit.
Mayor just kind of stole a lot of my thunder.
De Weerd: Oh, I'm sorry.
Yearsley: But I think it's a good opportunity to help provide additional support for the
current Council members and also to provide additional comments on the Council and,
then, also to help in anyway the Mayor seems necessary. So, just want to let you know
I do support
De Weerd: Thank you, Steven. Also signed up is Luke Cavener. Signed up for.
Cavener: Good evening, Madam Mayor, Members of the Council.
De Weerd: Good evening.
Cavener: I agree. I
®e Weerd: Sir, will you, please, state your name and address. I didn't think I had to tell
you.
Cavener: You know, I intended to and I spaced it. My name is Luke Cavener. I reside
at 1048 West State Street here in Meridian and it is nice to be in front you tonight as a
citizen
r• as an employee to encourage you to expand the Council from four to six.
A lot of my comments echo what the Mayor has said, but I would add maybe one
additional point and while municipalities across the state smaller than Meridian have
Meridian City County
February 19, 2013
Page 8 of 84
chosen to bring on a six member council, I look •• '7 as a community that does
doesn't make decision just because other municipalities do that
a . You know,
we blaze our own path. But when you look at a community like Meridian and the growth
that we have seen, we have responded to that growth. We have responded with an
expanded police and fire department that serves our community, we have responded
with great parks that serve our residential neighborhoods expanding and as a result of
the growth we see expansion of Meridian Road right here behind City Hall and I believe
that expanding the City Council to six members is just another way to respond to the
growth and provide for further opportunities for members of our community and our
residents to serve. So, I would encourage you to vote yes. Thanks.
De Weerd: Thank you. Jeremy White.
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.! 1 hite: Mello. ffly name is Jeremy White. Thank you for letting me speak to you guys.
I live at 2028 North Gladewater Drive here in Meridian.
De Weerd: Thank you.
White: And, of course, I get to follow a very articulate and informed Mr. Cavener. But
am excited to come -- I
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White: He did not pay me. This is a nonendorsed statement here. But I am -- I am in
support of what he said of additional members to the Council, because as I have lived
here -- although I have been absent for a period of time, the City of Meridian has grown
clearly and in that period of time not only that the population grows, but you also see the
business community growing and you see more and more opportunities for people to
live in this city and I believe that adding another two additional members to this Council
would give a better diverse picture and representation of our community. It would be
able to allow this individual -- you guys I know are extremely busy. I understand. I'm a
pastor of a church. There is a lot going on. And so you guys being able to get out to --
to meet people and to speak with people and to really engage with the community by
adding two additional members, I mean that's a 30 percent increase to your guys'
overall workforce in being able to -- to handle being able to get the opinions, the
desires, and really meet the needs of the community. So, I am strongly in favor of this
and I believe that it would be to the benefit of the people of this city to add two additional
council members.
De Weerd: Thank you, Jeremy. Shaun Wardle signed up for. I thought you would at
least wear a Bronco shirt.
Wardle: I haven't lost any bets fortunately, so -- thank you, Madam Mayor, Members of
the Council. Shaun Wardle, 2239 East Greiner Street here in Meridian. Thank you for
having me here today. I'd like to just touch on three quick points in terms of why I agree
with the expansion of the Council and the first of which comes from my experience
Meridian City County
February 19, 2013
Page 9 of 84
e Weerd: Thank you, Shaun. Any questions, Council'4
De Weerd: Thank you.
De Weerd: Is there anyone else who would like to provide comment ®n this topic? Yes,
sir.
Davidson: ell®. My name is Michael Davidson. I reside at 1719 McGlinchey in
Meridian.
De Weerd: Thank you.
Meridian City County
February 19, 2013
Page 10 of 84
De Weerd: Thank you.
De Weerd: Any further comments?
Borton: Good evening, Madam Mayor, Members of the Council. Joe Borton. 4398
Redgrass Court. I don't have an opInion or perspective on whether or not to expand the
Council. I would say in that regard that this Council has done extremely well. Mayor
and Council have served this city extremely well and you have a recipe that works and
you're to be applauded. So, any changes to that I would take great pause and have
some concerns. So, I think it's a very serious discussion, but the question before the
Council now is should it be put out for a vote, not whether it should happen or not. I
think it definitely should be put out for a vote. Whether it should be approved by the
public or not is another question. In that process if you were to approve a resolution
and set the vote for this May, I would ask that one of the things that the city does is
provide a resource where the multitude of obligations that go with being on City Council
to serve appropriately with regards to the community group that you're involved in, the
financial oversight, the liaison positions and the other 37 tasks that you eac , h are
obligated to provide -- that this an objective resource, so citizens when they are
deciding whether or not it makes sense to expand the Council, they can have an
objective resource to learn a little more about what you all do. I wouldn't want that
information to be shared or created by someone else, because I think this group knows
best what those obligations are. So, whether it should be expanded or not is not the
*.uestion today. Should the public have the opportunity to decide based on that
objective criteria you put forward, I think that does make sense. Thank you.
De Weerd: Well, you know, Joe, I will -- I will quote you that you don't have an opinion.
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De Weerd: It's always good to hear an attorney say that.
Meridian City County
February 19, 2013
Page 11 of 84
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De Weerd: I'm going to highlight that one and we will sell it on the internet.
Borton: So, thank you for taking public -- comment from the public on this.
De T!'T.,,eerd: Thank you. Is there anyone else who would like to provide comment?
Certainly as Mr. Borton did point out tonight we are asking the Council to consider
passing a resolution that would, then, bring this to a vote in May to our citizens on
voicing their opinion on whether we should expand the Council from four to six or not. If
it were to pass, then, in May it would -- then those two seats would be up for election in
November. One of those seats would be for a two year term and the other seat would
be for a four year term. So, then, we would have three seats elected every two years.
And so that would be the process. Now, Council, I will turn it over for your discussion.
IMMIMS,
Bird: While I'm neutral on this I believe we definitely need to take it to the vote of the
public and let them decide whether they want to expand our Council seats or they don't.
I think they are the ones that -- are the ones that should have the final saySo, I'm
for going forward with the vote in May, which the county will put on for us, so that's my
view on it.
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Zaremba: I would agree with taking the vote. At the moment I'm kind of neutral on
whether there should be four or six of us. I do agree with the points that have been
made about it, but I would also like to support the idea that Mr. Borton suggested, that
we do add up the things that we are all involved in and make that available to the public,
not -- not just for pointing out what we all do, but often people ask me what does a
councilman do and what all is involved in your job and anybody that might be
considering being a candidate, even if it says four or if it goes to six, I think that would
be helpful information to put out that might encourage somebody to be a candidate or
unfortunately, might discourage a few people who would later find out they don't have
the time, but I think that was an excellent suggestion that we let people know what this
job
De Weerd: Thank you.
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Meridian City County
February 19, 2013
Page 12 of 84
Rountree: It's not because we are overworked. It's not because we may have done
some misguided things.not because I go on vacation occasionally or am a terrific
baseball coach. In my mind it's simply to provide the citizens of Meridian an opportunity
to tell us what they think and how they want to be governed and I think -- I wish we had
other opportunities to do this with the public through vote and I fully endorse taking this
to a vote and encourage anybody that has any questions about it to contact me and I
appreciate, Joe, your comment, because I was thinking the same thing that, you know,
a lot of times people think they want to do this, but when you start finding out what it is
you really do it may not be all that appealing.
Rountree: Even though we all love what we do or we wouldn't be here.
Aoaglun: I think this is something that there will be a time that we will go to six, it's just
a matter of do the citizens think it's time now or do we delay that and do that in the
future and I don't know what the answer is and that's why I think we should ask them
now and if they want to do that, then, we will move forward with it. If they say no, okay,
we will keep going along and do what we do for those of us that are elected and see
what happens down the road. So, it's not a situation where we have to or we really
shouldn't, it's one of those things that as Councilman Rountree put out there, how do
the citizens want to be governed, who do they want to have up here and how many do
they want to have up here providing perspective, making the right decisions for the
community as a whole. So, it will be interesting to see what they say and I think we
should put that to a vote, so I would move that we pass Resolution No. 13-909 seeking
a vote in a May election, the question being should the City Council seats go from four
to a total of six.
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'ird: Got to close the public hearing first -
De Weerd: We didn't have a public hearing, we just had a public comment, so --
Bird: Okay. I'm sorry.
0
-99: Relution o B
t•Seek a a-Illot Measure to
Resolution Noso
. 13
Expand the Number of Elected City Council Seats from the
Current Four (4) Seats to a Total of Six (6) Council Seats
Meridian City County
February 19, 2013
Page 13 of 84
De
We
Weerd: No problem. do have a motion and a second to approve Resolution
13-909. Is there any discussion? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yeal
De Weerd: All ayes. Motion carried -
De Weerd: I would like to thank those that came down to •make comment an
appreciate that. We will now depend on you to help us get the word out that this i
coming up and we will be putting a strategy together to make sure our community doe
know that this vote will be happening in May. So, thank you for showing up and sharin
your voice. I
J. Continued from January 22, 2013: Public Hearing: ZOA 12-003
Sign Code Text Amendment by City of Meridian Community
Development Planning Division Request: Amend Sections of
the City's Current Standards for Signs
De Weerd: Okay. We did move Item 8-J to follow 8-B. So, at this point I will look at the
continued public hearing on ZOA 12-003.
Vigil: Good evening, Madam Mayor and Members of the Council. President Hoaglun. I
was here before you in January to talk about some sign code text amendments and on
that evening I was asked to -- we continued items and I was asked to prepare some
other draft language to talk about changeable copy signs that we were proposing to
change more than eight seconds. Actually, the proposal before the Council and Madam
Mayor that -- in the staff report was to not have any language or a standard at all. So,
since then I have talked to a few of you and I have also gone before the Traffic Safety
Commission -- I went before the Traffic Safety Commission today and brought back
some suggestions or feedback from them from the discussion. They did not have a
formal motion, but we did discuss at length the pros and the cons of having eight
seconds, not having eight seconds, and possibly a compromise. We did have one
suggestion for a compromise. Three or four of the members of the commission felt
status quo of eight seconds was appropriate and, then, they also discussed at length
the brightness of signs and the distraction of signs. But the commission, like I said, did
not have a formal motion, but they did have concerns about the eight seconds not being
a standard or not having a standard at all. So, with their suggestions I thought I would
come back to -- to you guys this evening and see if we can decide how we would like
our city to present for our community, as well as safety concerns. With that I'll stand for
any questions.
De Weerd: Council, I guess I will just make comment, since I was not present durin,
that discussion. Any comments we get about electronic signs are about flashing ligh
It's a driver distraction and I -- I think it would probably be interesting to -- I kno I
Meridian City County
February 19, 2013
Page 14 of 84
Lieutenant Overton gets called out on those and his staff through code enforcement, s
they -- they deal with the timing and the distraction to the drivers, but that is that'
probably the most frequent phone reports that we get is on the flashing signs, so
Hoaglun: Madam Mayor, if I might, just to make sure we are on the same wave length,
when you mean flashing, are you talking about a color sign that's flash or just words that
are flashing or -- can you -- I just want to make sure I understand how you're using
flashing signs.
De Weerd: It's kind of all of the above. It's a scrolling of words and it's the changing of
the pictures or animation, those kind of things.
Hoaglun: Okay. Thank you -
Xe Weerd: Council, any questions?,
Hoaglun: Kristy, we are -- so, the projecting signs -- I think the neon tube we are okay
with I think based on the feedback you got from us last time, it's just a matter of that
changeable copy sign and we talk about copy sign, we are talking about the words
where that -- on the eight seconds. Because I think we talked about last time that if
there was a big picture and different things like that that, yes, there needs to be a
standard, those aren't going to -- those can't be changing very fast, because the
fireworks display, if you will, if it's a large enough sign, those type of things.
Vigil: President Hoaglun, yes, that is what we discussed last time and part of the
language that I was proposing to draft would be graphics would be able to change less
frequently than text, but after talking to a few of you we scrapped that idea and kind of
started all over again. So, like I said, the Traffic Safety Commission, one of them did
suggest a compromise of four seconds and I don't know if that's something that Madam
Mayor and City Council would be -- would like to go forward with. It -- it was one of the
suggestions I had had come out and I've had a few other people maybe suggest that,
but I -- I don't know where to come up with a number. I will be straight honest with you
and forward with you, I have not found a number anywhere else. So, eight seconds
does seem to be the industry standard. I have done a lot of research on a lot of codes
around the nation that does seem to be the industry standard and I -- I just don't know
w!tat we would like to do with this.
Hoaglun: Madam Mayor, the last meeting I mentioned that eight seconds would work
depending on what the speed time is, because if you're going 35 eight seconds you can
read what they have to say and if you're on the freeway going 65 eight seconds -- you're
going to be turning your neck to see what the second half is if they are advertising
something and I guess the distraction is the fact that we allow advertising while -- you
know, right against the roads and that's where people want to advertise, because they
get the most eyeballs. That's the whole -- whole idea of those types of signs. So, the
enforceability factor is something that I think is a little problematic to have someone
standing out there timing, well, is it 3.8 or is it 4.2 -- if we go to four seconds, okay, they
Meridian City County
February 19, 2013
Page 15 of 84
are going to be okay. But, again, I have been paying a lot closer attention to signs since
we first started this discussion trying to figure out how long those signs are up there for
and I'm on the freeway and those things are clicking right away -- in fact, probably see
that thing three times within one second, I got the message. I keep on going on my
way. I didn't find it distracting, but maybe someone else will. So, that's -- that's the
difficulty of these things is what -- do you do, so --
Vigil: Madam Mayor, President Hoaglun, Members of the Council, I think our main
objective here is to balance what is right for the city, whether it's safety, whether it's
esthetics, whatever we are looking for, I think our main objective is all the same thing
and for business owners as well. I stand before you, because one of our Meridian
business owners requested that the eight seconds be lowered and I think we can find
what is right for our community and do it correctly.
Hoaglun: Well, my comment is eight seconds is too long. I mean bull riders just have to
ride eight seconds to get the belt buckle, you know, and we want a sign to be on that
long, you know, that seems a little extreme. But anyway -- but what we go down to for
text -- I don't mind not having a standard. Graphics where you can have flashing lights
and displays and fireworks and those types of things. I think we do need a standard,
because that is truly distracting, so -- but I don't know if we can balance that out.
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Rountree: Kristy, if I'm not mistaken, there are at least three other portions of our sign
ordinance that would address many of those issues now without having a time
limitation. I'm still of the opinion after hearing about this for -- well, a number of hours,
as a matter of fact, that research does not dictate a distraction time or a distraction
brightness. We have some nuisance areas that we can regulate. I'm of the mind right
now that until such time as we can demonstrate there is something that we can enforce,
to leave it be and just go with the other sections of the ordinance and work from there
and if complaints are generated and are numerous enough that we can quantify what
the complaint's about and put it in and something we can enforce, then, move forward
with that. But to try to guess what it is now makes no sense to me at all. That's the
wrong way to come up with a regulation, in my opinion.
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Zaremba: I am of the opinion that eight seconds is not long enough. When you look at
a streetscape when you're driving down and you have multiple signs on both sides of
the street, all on different cycles, the cacophony of visual effect can be very distracting
to people. I understand why individual sign owners would want their sign to change
more often, but we aren't talking about one sign, we are talking about the whole visual
Meridian City County
February 19, 2013
Page 16 of 84
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Vigil: Madam Mayor, Members of the Council, Councilman Zaremba -- Zaremb
excuse me, I was not able to get to the Arts Commission.
Rountree: Well, you've had a short period of time since I asked that question, but --
okay.
Hoaglun: And, Councilman Zaremba, their meeting was the last meeting wa
cancelled, so Kristy didn't have the opportunity to ask them, so
7aremba: Yeah. Thank you. Then, my opinion is I wouldn't change the eight seconds.
De Weerd: Okay. Any further questions for Kristy? Thank you.
Vigil: Thank you.
De Weerd: Well, this is a continued public hearing. Is there anyone who would like to
provide comment on this item? Okay. Council, any further questions on this? If not, I
would entertain a motion to close the public hearing.
111pliqp1liq 111
Rountree: I move that we close the public hearing on Item 8-J.
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February 19, 2013
Page 17 of 84
De Weerd: I have a motion and a second to close the public hearing on 8-J. All those
in favor say aye. All ayes. Motion carried.
Hoaglun: Madam Mayor? I need to ask Councilman Rountree. You're talking about
was it three of the -- if we left the three sections in it was that fourth one? I want to be
sure I had the right section, so --
Rountree: The question that we have before us are several sections of the sign code,
one of which deals with the timing on the electronic display boards. There are other --
three other sections in our ordinance that deal with those message boards and my
thought is that we can regulate under those the nuisance or potential safety issues with
those three sections, as opposed to having a fourth section that in my mind is almost
impossible to regulate and is very different to come up with a standard. As we have
heard and as the research would indicate, there is no research that says these things
cause accidents, even though in my own mind some of them are rather obnoxious. If
you take the example of the transportation department, their message boards -- their
display boards are bigger than anything we would allow in the city on the interstate and
they can -- they can sequence on a second basis. So, that's where I'm coming from. I
am inclined again to not set that time in concrete at this point. And we don't know.
De Weerd: I guess, Council, not being part of the -- the first discussion, certainly by
having a standard it gives our code enforcement something to -- something to go out
and say whether it's a nuisance or not. If we don't have a timing sequence and you ask
them to go and determine if something is being a distraction or not and you don't give
them a time limit, anything goes. I think Councilman Zaremba did raise a good point in
when you have a reader board -- a highway reader board on 1-84 or on a highway you
have one sign. When you're driving down a city street and you have multiple, you're
being assaulted from a number of different locations and angles, whether it's on one
side of the street, both sides of the street, five signs in a row, what have you, they are
sequenced at different levels. So, I think when you look at Kristy mentioning the only
standard that she has found is the one that we are currently maintaining, what are we
trying to fix? Are we -- do we have a solution looking for a problem or do we have a
problem? I guess that's my question to you. Maybe Mr. Nary.
Nary: Madam Mayor, Members of Council, I was at traffic safety today -- and Kristy is
right, you know, it was difficult for the commissioners to have a recommendation,
because they don't feel like they had enough information. One of the things -- and I
don't have an answer for you, but I do have at least a fairly educated guess. Eight
seconds is probably not something that magically evolved. My guess is signs -- as all of
you know, because we have had many, many people in front of us about signs -- is
probably one of the most litigious areas of land use enforcement and my belief is that
Meridian City County
February 19, 2013
Page 18 of 84
a
Hoaglun: Madam MIT'layor -- and I guess part of my struggle here with this is the fact that
when I look at this I have my experience of driving down the freeway and seeing the
signs and doing the check on how fast it's changing and am I distracted by that. I don't
have in front of me any study that says eight seconds is the magic number or four
seconds is the magic number and that's why I'm thinking, okay, you know, if we do
away with that are we causing harm. Now, we might say, well, there might be harm, so
we need to leave it there. Well, I'd like to have something definitive and maybe we send
it back to the traffic safety folks and say come up with where this comes from. I mean
we had someone in the business community say, you know, my second sign -- I want it
to go faster than eight seconds. Okay. That's a reasonable request. We are going to
listen to that. And as I looked around at our community, whether it was a business or
even a church, most of -- 99 percent are in violation of our current city safety code for
Meridian City County
February 19, 2013
Page 19 of 84
Zaremba: I could easily say we don't need to be in a hurry with this and along with
asking the Traffic Safety Commission or, actually, we are going to talk about it later,
maybe -- maybe it's a new traffic commission -- transportation commission that is being
formed out of the combined safety commission and Transportation Task Force, but I
wouldn't mind putting this off until they do some more research and I wouldn't mind
putting it off until they were Arts Commission comments. We do an awful lot in this city
to try and make it attractive visually. We have design review for buildings now. We
have landscape requirements. We have road median requirements. Roadway design.
And it really scares me, because of my travels around the country to see cities that have
let something like this just go and get out of hand and not have rules. I don't see the
hurry to change it. I agree with Mr. Hoaglun's suggestion that we bounce it back to the
Traffic Safety Commission, but I would also like to hear from the Arts Commission,
because they -- they are very involved in the appearance of this city as well and I think
it's an issue from that standpoint as well, so -- I like the idea of not necessarily making
this decision tonight.
De Weerd: Well, Council, we can certainly put it to the Traffic Safety Commission or
whatever that group turns out to be called, if that would be --
Hoaglun: You want a motion?
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Meridian City County
February 19, 2013
Page 20 of 84
Hoaglun: I move that we request the Traffic Safety Commission or whatever the
become in the near f
o uture tthoroughly study the issue, come baI
ck with
recommendation to City Council with data to support their recommendation on wh
standards, if any, we would need within our sign code for sign in the city.
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Zaremba: Would the maker of the motion be willing to ask the Arts Commission for their
opon as well?
Hoaglun: Yes. We can ask them of their opinion. I don't -- and any data that they could
bring o'• this as well I think.
*e Weerd: Okay. I have a motion and a second.
De Weerd: Yes, Mr. Rountree=
Rountree: Although I probably won't support the motion, I believe that there are at least
two other issues -- two other issues in the amendment that's been heard before the
public and not commented on that ought to be moved forward and not held up because
of this indecisiveness. Would the maker of the motion include those two elements?
Hoaglun: Yes. I would. To include in my motion the fact that the other two items in the
sign ordinance move forward in the -- Kristy, come up here, I need to ask you a
question if you wouldn't mind.
Hoaglun: Help me with the language on those other two items.
Vigil: There are more than two items, President Hoaglun. There is a whole staff report
that has cleanup up for the sign code as well.
Meridian City County
February 19, 2013
Page 21 of 84
Vigil: And so maybe the maker of the motion could exclude the eight second changz-;
and we could -- we could proceed with the rest of those -- the changes.
-Hoaglun: I like that. Very good. Thank you -
Vigil: Thank you, President Hoaglun-
Hoaglun: That's why we have staff around here helping us out.
1 11111liq I
Moaglun: -Teah. That's what she said. No. Madam Mayor, I -- to make this clean, let
me withdraw the motion I was coddling together and go with the fact that -- or with the
motion that I would move that we ask the Traffic Safety Committee Commission and the
Arts Commission for their recommendations and data supporting their recommendation
regarding the length of time for signs before they can change, whether they be eight
seconds, less, or no standards and that we adopt the recommendations at presented to
us for our standards for signs and all the amended sections that they brought before us
and adopt those and I think -- I think I got that. Am I missing something?
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De',T,.,,Veerd: I don't know. Would you repeat it?
1--loaglun: Everything but the eight second change.
Zaremba: And discussion. I'm interpreting from that until we make a further motion o
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the eight seconds the current eight second stands. I
Hoaglun: That's correct. Yes.
i. •" That's right.
De Weerd: Okay. Any further discussion from Council? Madam Clerk, roll call.
Holman: Madam Mayor, I have got a question for Mr. Nary. So, I understand that the
process, since this was a noticed public hearing, we have approved all of this except for
the eight seconds?
Zaremba: Except deleting the eight seconds.
Holman: Okay. So, that will be modified and, then, if that is addressed later it will comi
*ack as a new application?
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Meridian City County
February 19, 2013
Page 22 of 84
Holman: Okay. Thank you.
Roll Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea.
De Tllreerd: Motion carries. Three ayes to one nay,
C. Continued from January 15, 2013-M MDA 12-009 Southridge by
The Land Group Located South of W. Overland Road Between
S. Ten Mile Road and S. Linder Road Request: Public Hearing,-,
Modification to the Development Agreement
De Weerd: Okay. Our next item is Item 8-C, which is continued from January 15th on
MDA 12-009.
Meridian City County
February 19, 2013
Page 23 of 84
obliEations under this development agreement shall only relate to the development of
ACHID's property as provided in this paragraph 4.3 and just add this text to the end of
the first paragraph in provision 4.3. Staff is amenable to this change. There is one
outstanding issue for Council. Staff recommends that DA provision number 6.1.5 be
modified as follows: That all TN -C zoned lots develop consistent with UDC standards
for the TN -C zone, except for the public library and any one story portions of -- and I'd
like to add -- it says the living facility structures on parcel two. Staff is recommending
approval of the modification with the things I noted previously. Staff will stand for any
questions Council may have.
De Weerd: Council, any questions for staff?
Zaremba: I don't know if this is a question as a philosophical comment, but I struggle
with removing conditions that have already been completed, not just this application, but
several times we have been asked that and my difficulty is the condition was in there to
create something and I'm fine with the fact that it's been complied with, but if we remove
that condition, then, somebody 15 years from now can undo whatever that project was,
because it's no longer a condition and I -- if we wanted that condition to happen and it
has now happened, how does it hurt anybody to leave it as a condition? It guarantees
us that that condition will continue to be complied with and I -- I don't know, help me with
my physical logical or whatever it is struggle on that one.
Watters: Madam Mayor, Councilman Zaremba, Councilmen, I agree that there is no
harm in leaving it in. Mr. Nary may have a comment on, you know, the necessity of
leaving it in. I guess it's just up to the Council desire how they want to move on it.
Zaremba: I guess to simplify what I'm asking if we need it in the first place we still need
it to stay there and if it's been complied with that's great. Why would we say, okay, you
complied, it's no longer a requirement?
De Weerd: Mr. Nary.
Nary: I guess, Madam Mayor, we were trying to do some clean up on these to I guess
make them more current, because of the way -- the way this has evolved from a very
large now to a very -- to smaller portions. So, that was our intent was really just trying
to make it cleaned up, but I wouldn't disagree that certainly many of the things that have
been complied with -- many times we do like the language still to remain so they don't
get changed or moved and things like that. So, I don't know that it makes a great huge
difference to the city. I think it may have more in terms from the applicant's perspective,
so--
Meridian City County
February 19, 2013
Page 24 of 84
Rountree: Explain to me what the last paragraph that you read means about th
amendment proposing the modification for measuring the height of homes on th
southern boundary, because that was the issue with the original subdivision. Does i
change the intent that we tried to establish a certain limit? I
Watters: Madam Mayor, Councilman Rountree, Councilman, the applicant is prepared
to address that tonight. I believe he has some elevations and sections proposed for that
'that he could explain to you and show the Council.
Rountree: Okay. Thank you.
De Weerd: Okay. Would the applicant like to make comment? Good evening. If yo
will, please, state your name and address for the record. I
Densmer: Yes, ma'am. My name is Jason Densmer with The Land Groupi
De Weerd: Thank you.
Densmer: Thank you. First off, I wanted to thank your staff for the hard work that they
have put in working with us to present this modification tonight. We are very pleased to
be here. This is the culmination of quite a few months'worth of effort and work. If you
recall back to 2006 and 2007 when the Southridge project was originally approved, at
that time it was under a singular ownership with one developer and the development
agreement was written that way to require everything of the one entity. Since then, of
course, the project has evolved and there are now multiple owners -- I think we are up
to eight or nine -- and there has been some confusion as new parties have come on
board about who exactly is responsible for which of the provisions under the original
development agreement and in addition to the changes that Sonya -
p • ;• • - • one of the major kind of changes of direction in the development agreement
modification is to more clearly define who of the owners are responsible for each of the
conditions so that there is not this global confusion and, therefore, global assumption
that everyone is responsible for everything, because that was quite a sticking point. So,
I think Sonya really has done a great job of summarizing the work that we have been
through over the past few months getting to where we are and describing the changes
that are proposed by the modification. As it relates to specific questions, I'm happy to
answer those. I think Councilman Rountree had a great question a minute ago about
the changes in the proposed language for the maximum building height along the
shared property line on the south at Val Vista and Aspen Cove. I do have some exhibits
that I can show on that right now if this is a good time or if you'd like to ask other things
first I'm happy to start anywhere you'd like.
Meridian City County
February 19, 2013
Page 25 of 84
De Weerd: I think answering this question would be a great start.
Meridian City County
February 19, 2013
Page 26 of 84
maintained, but the developer can make better use of the lots there and construct
homes that might better meet the market and be a little taller than 22 feet. That's the --
kind of the long story on what turned into about two sentences in a. very long
development agreement. Are there other questions that I could help address?
De Weerd: Council, anymore questions? Mr. Rountree, did that help?
De Weerd: Okay.
De Weerd: Thank you. This is a public hearing. I do have several people who did sign
up. If when I call your name you would like to provide testimony at that time, please,
come forward. Scott Nichols signed up against. Hi. If you will please --
Nichols: Madam Mayor, City Council, my name is Scott Nichols. I reside at 2731 West
Val Vista Court.
De Weerd: Thank you.
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Meridian City County
February 19, 2013
Page 27 of 84
De Weerd: Thank you.
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Nichols: Thank you.
De Weerd: Thank you. Ryan Bailey resigned up against. Good evening.
Bailey: Good evening. My name is Ryan Bailey. I reside at 2720 West Val Vista Court.
I would just like to reiterate some of the comments that Scott Nichols made earlier. The
whole reason we have supported this -- the Southridge Subdivision was because of the
benefits that would work back and forth and one of the main reasons also that I
purchased my home many years ago was --could coin a phrase from the real estate
industry it's location, location, location. Well, if the height of the homes changes behind
me I virtually lose most of my view and it's absolutely beautiful on the ridge to look out
and look out and see the city. I don't want to lose that. In my mind I stand to lose
significant value of my property and my home by this. Now, we stuck by the Southridge
Subdivision, the previous developer, because he was very willing to work with us. And
so far it has worked out -- excuse me -- worked out well, but at this point it seemed to
have gone the other way. So, I definitely do not support the changes whatsoever. The
original development and how it was set up was beneficial for all parties and we
definitely want to see that remain exactly the way it was. I do not want to see a two
story home out my back door based on what I have now and that the property is there.
Any questions?
De Weerd: Okay. Thank you.
De Weerd: Steve Przybos. If I mutilated your name I'm sorry, Steve=
C'!
®e Weerd: Mine, too. If you will, please, me how to say your name and tell me your
address.
Przybos: Steve Przybos. I live at 2530 South Del Rey Lane.
Przybos: And back in July -- I believe it was July 1 Oth we had a neighborhood meeting
and Jason was there -- several people were there. And I got a grading plan and asked,
you know, will you support this, we all win. They take the gravel, they sell, they make
Meridian City County
February 19, 2013
Page 28 of 84
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We Weerd: Thank you. Susan Przybos. Signed up against.
S.Przybos: Good evening. Susan Przybos. 2530 South Del Rey Lane.
S.Przybos: Meridian. The problem I see with this is that we -- we came here -- we wers
here until midnight arguing for what we have and we met with Jim Jewett, who used to
own a • or was in charge of the development an•a he told always
neighborhood meeting. Anytime there I+. any change and said,
let's talk about this, I want to tell you what I'm doing, and he was very up front about
what he was bringing • the Council.oof anything other I notice
and so we have to come here tonight to learn what is going on. That is not fair they
are hoping that we I
re busy and cannot show up and they are trying to change this
development agreement without knowing what the level of the land is going to be when
they are done and is that 33 or 36 feet or whatever with the fence where they built up
two feet of land behind us, are they going to have homes up that high? We don't know.
They have been dishonest, not telling us their plan, and trying to keep us in the dark.
We just feel like -wool over our eyes and we are the ones I I, • to lose.
De •. Thank anyone That's people • have •, •
•
Any further•Okay.ask the applicant if they w• •' like to come up and
Meridian City County
February 19, 2013
Page 29 of 84
Nensmer: Yes, ma'am. Jason Densmer.
De Weerd: Thank you.
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Rountree: Is the aerial that you provide with the preliminary plat laid out current?
Densmer: The layout is as current as we are -- we are working with. There is not ar
approved preliminary plat for that area.
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Densmer: Yes. I got that today from our good friends at Google. I think it was curre
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Meridian City County
February 19, 2013
Page 30 of 84
Hoaglun: Madam Mayor and Jason, when you first came up here you did talk about up
to 30 feet in some areas. I mean do you know specifically which of those lots would be
30 foot after the final grading and -- I mean we are trying to make a standard for
something that is going to be -- could potentially be variable in -- from location to
location and, you know, I clearly understand their concerns, why do we want to have a
development that takes their value -- I mean that's why we have all these zoning issues
is because people want to protect their property value and we try to have compatibility
and work together to protect each other's value and as someone said I scratch your
back, your scratch my back and we offer benefits to each other. So, you know, this --
there might be some equity here if -- if it's put someplace where it's not 30 feet. So,
how do we -- how do we know where that potentially could be at this time?
M
De Weerd: And I'm curious as -- and I know that it has changed ownership and wh
the first owner has -- has communicated to the neighbors you don't always know, but
certainly know that that gravel operation has been a convenience and if the neighbor
Meridian City County
February 19, 2013
Page 31 of 84
felt a short-term inconvenience can make it even more palatable by having less of the
roof tops that they will be looking, I can understand what they are saying. What my
concern more is is from the staff's perspective on monitoring this on building permits, I
can imagine this is going to be a nightmare. Do we have to, then, go out with our ruler
-- not our ruler. Sorry. I have this cold, I'm really trying hard to be civil. But to go out
with their measuring instruments and figure out what -- what's at one depth and what's
at another to have oversight on this. I think sometimes it's -- I don't want to always say
we want to look for the easiest thing, but sometimes it's subjective and if you mess up
by a foot it's on us. So, consistency to me is something that is also preferred.
Densmer: Madam Mayor, I agree that interpretation and enforcement of these
provisions is the most important thing. First off is to write them accurately, so that
people can get committed to what needs to happen and, then, secondly, make sure
they are enforceable so that there is no question about it once the houses are built. My
hope is that the proposed language, if anything, is more understandable and
enforceable than the original language had been. That's my view. Of course I helped to
author it, so I might be somewhat biased.
De Weerd: Council, any further questions --
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De Weerd: -- for the applicant? Okay. Anything further from you?
Densmer: No. Thank you all.
De Weerd: Okay. Thank you.
Rountree: I move that we close the public hearing on to 8-C, Sot hrid ge MDA 12-
009.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
Rountree: Madam Mayor, for discussion, based on the graphic that's been provided t
us it seems to me that the request for a number of these modifications appear to be i
order, with the exception of the request for change in the height determination. I
appears by this graphic that that would only be applicable to at most five lots that arl
Meridian City County
February 19, 2013
Page 32 of 84
there now and the 16 that are on the graphic -- I know there is more along that property
line. We don't have a topographic map, we don't have any further information with
what's going to happen on -- potentially on the rest of those lots if we just, as a caveat,
remove that requirement from the DA. I have concerns from the developer and the
property owner that say, oh, we got property owners out there that don't understand
who is responsible for the DA. You're all responsible for the DA. It's part of the
property. It goes with the property. If you didn't understand that when you bought the
property, that's not necessarily our issue. We spent a lot of time, as did the residents
out there, and got where we are today. It appears that the -- there has not been that
coordination with the property owners out there as in the past and right now I'm okay
with the amendment as proposed with the exception of that one particular element.
Bird: I agree wholeheartedly. I can accept everything but that part of the modificatior
of the DA
Zaremba: Mr. Bird, I'm not able to hear you.
Bird: I said I can accept everything with the modification except for the height on thos
lots and I can't go along with that. i
De Weerd: Is your microphone turned on?
lird: It is on. Just got to get close.
De Weerd: If you would just talk as close as you blew in it that would -- that would work.
Zaremba: Dean got a foot taller for --
Bird: He come out of the chair either way. I'm sorry, Dean.
De Weerd: But did you get that? Okay. Not th-b• part-
Meridian City County
February 19, 2013
Page 33 of 84
Zaremba: I think I may be repeating what others have said, but I am not in favor of
changing the height measurement, but I also would add I am not in favor of removing
conditions just because they have already been complied with. I would leave those
conditions in as well.
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Rountree: If you know which one of those there are, make a motion.
Zaremba: I don't. That may require a little further action by staff and -- with sornio
adjustments maybe.
De Weerd: I'm sorry, Mr. Zaremba, are you asking that staff draft up new
recommendations?
Zaremba: Not new recommendations, but new conditions. And I'm not sure whether
we need to do that. Can we identify the ones we would exclude and exclude them
verbally tonight? Mr. Rountree asked me if I knew which conditions should not be
dropped and I don't know the answer to that.
De Weerd: Okay.
Zaremba: I'm looking for any condition that's been complied with, I want to leave that
conditiGfi k1.
Hoaglun: I guess, Madam Mayor, if I might ask Sonya on this when they meet the
condition -- one of the conditions was to develop a park for example. I'm assuming
within that they maintain it, they do whatever needs to be done through their
homeowners association, we don't have to condition that they maintain it. I mean that --
that's on them. That's part of what they do. But that gets into the maintenance aspect.
Once something is built and they meet the condition like a fence where -- in the past I'm
trying to think of other examples where we said, okay, now you shall maintain it in the
do we typically do that?
Watters: Madam Mayor, Councilman Hoaglun, Councilmen, I'm not aware that we have
in the past or that it's been an issue in the past.
�-Ioaglun: Okay. That's -- that's an answer. That's what I'm looking for.
Watters: Yeah. If it's Council's desire that, you know, we come back and I don't think
we should try to go through this development agreement tonight, there is 30 -- 30
different provisions in the modified DA and almost that in the original development
agreement. You know, the f-- would probably be a good one to keep in in case there
Meridian City County
February 19, 2013
Page 34 of 84
is problems with,that. I don't know off the top of my head any others that would, you
know, be worthy of keeping in.
De Weerd: Council, I guess I could recommend that this come back at the next
meeting, but without giving direction to staff on what -- what you would want to keep in
and what would be acceptable to remove, it's -- it's hard to -- for staff to know what they
need to bring back.
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De Weerd: Yeah. Well -- and, Bill, I guess working with the applicant you can find --
understand because of the different ownerships having that one DA and now multipl
owners, some of them would apply to -- to particular ones. So, it does need som
shifting through I would imagine.
Nary: Right. Actually, Madam Mayor, I mean there is landscape requirements on the
east side of the property that multiple owners were saying, people on the west side of
the property are technically for them and they don't even have access. So, those are
the kind of things that we are wanting to at least clarify who was responsible for what
and I don't think it's ever been the conversation from our department or planning to
remove what we consider are standard conditions that are necessary, I think the
Meridian City County
February 19, 2013
Page 35 of 84
disconnect or maybe the misunderstanding is just making sure that we haven't remove
something that later on we will regret, like the concern was raised about a wall o
something else. )I
De Weerd: Okay.
Zaremba: Madam Mayor --
De Weerd: Caleb, did you have something?
Hood: Just one quick thing. I do agree, I think we can go through the DA with the
applicant over the next couple of weeks and come back with something else. My only
concern is you did close the public hearing, so if we are not able to come to terms with
the applicant or any additional owners for that matter, the public hearing has been
closed. So, I just wanted to bring that up
Zaremba: That was going to be my next comment.
De Weerd: Yes. Certainly. We can open that back up and continue this.
Zaremba: Madam Mayor, I would move that we unclose the public hearing and I woul
note for the record I don't believe anybody left the room between the time that w
closed it and now when we are unclosing it, so -- I
7aremba: Everybody who wanted to be here is already here and I don't believ
anybody left in that little interim. So, I move we -- i
7aremba: reopen the public hearing and continue it for two weeks to our regularly
scheduled
Zaremba: -- meeting of March 5th.
7aremba: Sounds right. Yesl
De Weerd: I have a motion and a second to reopen the public hearing and continue this
item MDA 12-009 to March 5th. All those in favor say aye. All ayes. Motion carried.
Meridian City County
February 19, 2013
Page 36 of 84
apffifflaya
D. FP 13-004 Paramount Subdivision No. 22 by Brighton
Development, Inc. Located East of N. Fox Run and North of W.
Gable Street Request: Final Plat Consisting of 38 Single -
Family Residential Building Lots and 5 Common/Other Lots o
14 Acres of Land in an R-8 Zoning District I
De Weerd: Thank you. Item 8-D is final plat 13-004. 1 will ask for staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next application
before you is a final plat request. This site consists of 14 acres of land. It's currently
zoned R-8 and is located on the east side of North Fox Run Way south of East Chinden
Boulevard. The applicant is requesting final plat consisting of 38 single family
residential building lots and five common and other lots on 14 acres of land. The gross
density of the proposed subdivision is 2.71 dwelling units per acre. The average lot size
is 8,835 square feet and the minimum dwelling size is 1,400 square feet. Staff has
reviewed the proposed plat and found there to be one fewer lot than shown on the
preliminary plat and an increase in common area. All of the lots comply with the
dimensional standards of the R-8 zoning district. Playground equipment and benches
were shown on the preliminary plat landscape plan and are required to be provided in
this phase as a condition of the preliminary plat and final plat. Written testimony since
the -- written testimony was received from Mike Wardle in agreement with the staff
report. Staff will stand for any questions Council may have.
Hoaglun: Thank you, Sonya. Council, any questions for staff?
r illill� � 1:
Wardle: Mr. President, Council Members, Mike Wardle, Brighton Corporation, 12601
West Explorer Drive in Boise. Just to answer questions if you have them. This is a
continuing process of bringing forth a lot of homes in that development.
Hoaglun: Yes, indeed. Council, any questions for the applicant?
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Meridian City County
February 19, 2013
Page 37 of 84
Rountree: I move that we approve Item 8-D, final plat 13-004.
Hoaglun: We have a motion and a second to approve Item 8-D. Madam Clerk, woul•
you, please, call the roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yeal
Me., •:Iun: All ayes. Motion carries.
7�
Public Hearing: TEC 13-001 Baraya by Dyver Development,
LLC Located South Side of W. Franklin Road, Between N.
Black Cat Road and N. Ten Mile Road Request: Two (2) Year
Time Extension to Obtain the City Eng'Ineer's Signature on the
Final Plat for Baraya Subdivision
Hoaglun: 8-E is a public hearing on TEC 13-001. Staff? Bill, is that going to be you?
Parsons: That will be me. Good evening Council Members. Next Item is Baraya time
extension. This will be the second time extension requested by the applicant. The
project came through and was approved by Council in 2006 as a mixed use residential
development to include a mix of alley load homes, multi -family and single family
detached homes and a school property. On the right-hand side you can see a flavor of
the elevations proposed for the development as well. Back in 2011 Council did extend
this for two years and now we are just back here just basically re -extending that plat as
well. Staff is recommending several new conditions this evening before you. They are
noted here as in the graphic here. The primary changes deal with requirements of the
new surety provisions we have in the ordinance and also compliance with our new
street lighting standards as well. Staff has received written testimony from the applicant
and they are in agreement with the new conditions and to staff's knowledge there aren't
any outstanding issues before you this evening and at this time I'd stand for any
questions you have.
[7,oaglun: Thank you, Bill. Council, any questions for staff?.
Hoaglun: Is the applicant here and wish to comment? I thought I saw Matt earlier,
but --
Meridian City County
February 19, 2013
Page 38 of 84
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Hoaglun: Oh, he's in the hallway. We will get him rounded up, see if he has any
comments. And this is a public hearing, so we will also offer opportunity for any public
comment if there is any on it, this time extension, so -- Matt, I we are at your order of
business and asking if the applicant wants to have a comment on this time extension,
so --
Schultz: Sorry about that. Matt Schultz, 8421 South Ten Mile, Meridian, on behalf of
Dyver Development, Corey Barton on the Baraya Subdivision. Vaguely famar
position. I think it was two years ago I was here asking for the same thing, but we still
believe the project is -- is the right thing and the right project and the right place. The
timing has been off in the past with the economy, but, fortunately, as you know, things
are starting to turn around a little bit and hopefully we won't be back the next time. We
do know that there are a couple new conditions of approval staff's recommended with
regard to bonding and I believe streetlights and those are the two that we concur with
and do concur with staff's recommendations and asking that you give us a little bit more
time to get it done and, hopefully, we do get it done here in the next year or so, knock
on wood. So, thank you.
Hoaglun: Thank you.
Schultz: Thanks.
Hoaglun: This is a public hearing. Is there anyone here that wishes to comment o
TEC 13-001? Hearing none, Council? I
• •Iun: Councilman Bird.
Bird: I move we close TEC 13-001 public hearing.
Hoaglun: We have a motion and a second to close the public hearing on TEC 13-001
All those in favor? None are opposed. I
Meridian City County
February 19, 2013
Page 39 of 84
A
Councilman Bird.
Bird: I move we approve TEC 13-001 and include all staff and applicant comments.
Aoaglun: We have a motion and a second to approve TEC 13-001. Madam Clerk, wi
you, please, call the roll. i
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, ye4
Hoaglun: All ayes. Motion carries -
F. Public Hearing: CPAM 12-005 Cavanaugh by W.H. Moore
Company Located Southeast Corner of S. Meridian Road and
E. Victory Road Request: Amendment to the Comprehensive
Plan to Change the Future Land Use Map Designation on 32
Acres of Land from Mixed Use Neighborhood with a
Neighborhood Center Overlay to Medium Density Residential;
and From Medium Density Residential to Medium High Density
Residential
Hoaglun: We will now move to 8-F, public hearing on CPAM 12-005 And staff will be
gg -- Sonya? All right.
A
Watters: Thank you, Councilman Hoaglun, Members of the Council. The nexi
application before us is a request for an amendment to the Comprehensive Plan future
land use map. This site consists of 31.85 acres of land. It's currently zoned C -N and
TN -C and is located on the southeast corner of South Meridian Road and East Victory
Road. Adjacent land use and zoning. To the north is Victory Road and a fuel facility,
convenience store, a landscape nursery zoned C -G, and residential property zoned R-4.
To the south and east is undeveloped property zoned R-8 and TN -R. And to the west is
Meridian Road, State Highway 69 and rural residential property, zoned RUT in Ada
County. A little history. This property was originally annexed with the Tenana Valley
project and later included in a preliminary plat for Cavanaugh Subdivision, but never
final platted. The site was anticipated to develop with a neighborhood market,
condominium units, apartments, vertically integrated residential lots above retail and
commercial use. Since that time ownership of the property and development plan for
the property has changed. The applicant is currently requesting an amendment to the
future land use map to change the land use designation on 16.32 acres of land from
medium density residential to medium high density residential on 10.77 acres of land
Meridian City County
February 19, 2013
Page 40 of 84
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Hoaglun: Thank you, Sonya. Council, any questions for staff?
Seal: Good evening. Good evening, Council. Jonathan Seal, W.H. Moore Company.
1940 Bonito on behalf -- behalf of Red Tail Community. Sonya, if you could put the
existing land use map up if you could, please. Just to give you a little bit of the history
behind this, when we first looked at this project. We understand the amount of time and
effort and dedication that go into creating a Comprehensive Plan and also the future
land use map, so when we come to the Commission and to the Council we don't take it
lightly in asking for a change in that. On the other hand, we also understand what
makes commercial developments successful and some of the key items -- there is
many. When I say commercial I'm talking retail and office, but some of the key items
that we consider right up front is the traffic counts, the accessibility to the site, the
visibility to the site, the competition within the area and, then, with retail the going home
sides, the favorable side, which we refer to it as. If you look at this site -- and I know
there was a desire for a neighborhood center. If you look at the traffic counts Meridian
Road has approximately 26,000 cars that go up and down it every day. Victory Road
has about 6,000. As far as access, we can't get access off Meridian Road. The closest
access we can get off Victory is 660 feet east of the Meridian Road - Overland -- or
Victory Road, rather,
• Accessibility. I think you can see that accessibility
certainly for Meridian Road, which is a key road, is not very conducive. Competition.
We
• there is a • • • competition up and •• Meridian Road • ••
commercial, as far as commercial development, and there is also discussions of a large
shopping center at the Amity and Meridian Road intersection. And, then, finally, the
Meridian City County
February 19, 2013
Page 41 of 84
going home side in this particular case is the west side of Meridian Road. So, when you
start to add up all these factors, what you realize is commercial -- commercial
development is not going to be successful here. Yes, you can build it, but you will have
high vacancy, you will have high turnover and you will, essentially, have an eyesore for
the community. On the other side, Sonya, if you could show the concept plan. What we
think we have here is the ability to develop both a multi -family development that we
think will be a real attribute to the community, one that we think will attract both
professionals and as well as families within Meridian, which has made Meridian a very
desirable city and also an area where employers want to be because of the residential
base. So, having said that we would ask tonight that you modify the future land use
map for us so we can proceed through with this project. Unless you have any questions
I will sit dowii.
De'IT!'eerd: Thank you, Jonathan. Questions? Mr. Zaremba.
Zaremba: Madam Mayor, as I recall one of the features of the original plan was a
existing home which apparently is a very nice home that was going to be retained an
used as a community center. Is that still part of the thinking?
Seal: Madam Mayor, Councilman Zaremba, that is -- do we have the aerial there,
Sonya? If you will look at -- yes. Thank you. If you look down here --
Zaremba: It's not that piece we are talking about tonight, though.
6=11
Zaremba: Okay.
Seal: My understanding is, actually, that part there is owned by nine individual Ian
owners. They call that a tenant in common as a result of DBSI's bankruptcy. But w
�V,.on't have any control over that and at this point we don't own it, so
Zaremba: I didn't realize it was far off of the property you're talking about. I thought it
was right in the middle of
Zaremba: Okay. Thank you.
Seal: Uh-huh.
'-Be Weerd: Okay.
De Weerd: Any other questions?
Meridian City County
February 19, 2013
Page 42 of 84
Oe Weerd: Thank you.
Seal: All right. Thank you very muchl
De Weerd: So, is there anyone who like to provide testimony on this item?
Bird: Hearing -- seeing none, I move that we close the public hearing on CPAM 12-005.
De Weerd: I have a motion and a second to close the public hearing on 8-F. All thos
in favor say aye. All ayes. Motion carried. i
I 1119111me
Bird: I move we approve CPAM 12-005 and to include all staff and applicant comments.
I
De Weerd: I have a motion and a second to approve Item 8-F. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, ye4
De Weerd: All ayes. Motion carried.
G. Public Hearing: CPAM 12-006 Larkspur West by Sawtooth
Land Surveying, LLC Located 105 E. Edmonds Court Request:
Amendment to the Comprehensive Plan to Change the Future
Land Use Map Designation on 4.51 Acres of Land from Low
Density Residential to Office (1.01 Acres) and Medl'um Density
Residential (3.50 Acres)
Meridian City County
February 19, 2013
Page 43 of 84
De TTeerd: Item 8-G is a public hearing on CPAM 12-006 1 will open this publil
hearing with staff comments.
'&e Weerd: Thank you, Bill. Council, any questions?
9- -1 =T 411111111111 1!1!1 111
Zaremba: Again, recalling I guess what are properties around us, the property just to
the south of this would be Victory Greens or whatever the iteration that split that up.
There was in their plan a roadway that would be opposite where Maestra Street is on
the west side. They were assuming that along the south property line of this and part of
their property would be the street and I believe that's on the quarter mile. Am I
remembering any of that correctly or -- I guess my issue is where is the access road. I
think Victory Greens expects it to be on the south property line of the property we are
now talking about.
*arsons: Madam Mayor, Members of the Council, different perspective from up here.
Meridian City County
February 19, 2013
Page 44 of 84
7aremba: Uh-huh. And I do see Edmonds as the access on the north, but I --
*arsons: The concept plan wouldn't reflect what the connectivity would look like.
Parsons: One thing that I did want to point out is currently hered here is Larkspur
No. 4 and No. 5. Connectivity is provided in this subdivision in this fashion. So, this
road was stubbed in and, then, there is a stub street here as well and, then, Edmonds.
So, connectivity won't be along the southern boundary here. It was meant to come up
north -south and, then, there is already a stub street that's planned for this portion here
that will be extended that comes up consistent with the concept plan. Meridian Greens
is along the east boundary. This is Observation Point here. When this property came in
they were adamant that these homes along the east boundary here would have a 25
foot setback. That commitment is still honored. This property is nowhere near that
boundary. If that clarifies. There is a grade change there as well.
M
Zaremba: The thing that I was looking at is what I think is Victory Greens, th,...
landscape company, and I am --
Zaremba: -- questioning their access. Yes. The red area that's south of this, I'm
questioning their access for -- I thought their eventual plan extended Maestra for somg
distance to the east side of Meridian.
7&
At this time, Councilman Zaremba, I don't know if that --
Zaremba: Okayl
�*arsons: I don't have a correct answer -- or any knowledge of that.
Hoaglun: And, Madam Mayor and Bill, to help out there, coming off of West Maestra, it
doesn't quite line up with their current exit or entrance they have there, it's just off
slightly a hair, because it's -- actually, it wouldn't be on their property if it completely
aligned with Maestra, so -- but it's always possible, but I supposed that would be down
the road once they get more into the actual details of the plats and different things.
Zaremba: I guess the issue is if Edmonds continues to be the access, ITID is probably
not going to allow that -- that new'access. That -- that's closer than a quarter mile. Has
there been any comment from the -- whoever owns what used to be Victory Greens?
Parsons: Madam Mayor, Members of the Council, there has not.
Zaremba: Okay. I'm sure they got a notice.
Meridian City County
February 19, 2013
Page 45 of 84
Zaremba: Okay. If they have talked to them. Okay. Thank you.
De Weerd: Thanks, Bill. Okay. Would the applicant like to make comment? As you
can see, there is a couple of questions already. If you will, please, state your name and
.?.ddress for the record.
111111111 J1 f i , 11
te',TrTteerd: Thank you, Gus.
Porter: I have nothing further to add at this time. I'd just stand for your questions if you
have them.
De Weerd: Well, I think that Councilman Zaremba did raise a question regarding
Victory -- what is that called? It was Victory Greens.
Zaremba: One is Victory Greens. I don't know if it's still --
De Weerd: But the rock -- the rock place that is south of your -- your piece of propert
what is going to be the access in and out of that and what has ITD granted? They ar
limiting access in those areas. How do these all interconnect? I
Porter: There has been at this time no comment from Victory Greens I believe is what
they are called, nor ITD. This is simply just a concept that we have come up with. It's
not even at this time a proposed development. We do intend to develop it in the near
future if we can reach an agreement with the owner, but at this time it hasn't been taken
as far as the Idaho Transportation Department or A or anybody as far as access, if
that answers your question.
De Weerd: Well, yeah, it answers our question that there has been no discussion and
it's hard t•mk- a decision on -- I think modifying a comprehensive plan or looking at it
differently without knowinghow it would -- what the access is --
Hood: If I may. Just a couple of things. I realize it's very difficult oftentimes to want to
change the future land use map not having all the answers to your questions. However,
when we -- if this application is successful and we do receive a development
application, we will look to coordinate some of the issues with ITD. I will just point out
their concept plan didn't -- didn't show a new driveway over to Meridian Road and isn't
something staff would be supportive of when there is an application for annexation and
7-oning and a subdivision. We will look at that potential connection with Victory Greens.
Meridian City County
February 19, 2013
Page 46 of 84
M. working off memory here, but I believe there is a trigger point when their driveway
has to go away. °5„ what I don't recall is there
E
is some cross -access there between
the Victory Greens property and the subject property. We can explore that a little bit
more. But for the purposes of the comprehensive plan map amendment, there would be
no net gain in any driveways for the subject property and we will look at, again,
potentially looking at cross -access with Victory and there is some grade there, too, so I
,ion't even know if that's possible. And the Ridenbaugh comes in right there.
Porter: There is quite a heavy grade there as well. It's like six to eight feet of just
straight drop off, basically, towards -- towards the west end of that property. It's quite a
drop off.
Hood: But we could look at some of those things. I think what the applicant is
proposing on the future land use map staff is supportive of, with the understanding that
there won't be any new driveways when this property does develop and what they are
asking for won't -- won't trigger that request for a new driveway and some of the
circulation that Bill showed. We will work and -- we will work with the application and
adjacent property owners as well.
Zaremba: I think you have clarified it for me. The Comprehensive Plan amendment
actually makes no statement about access at all, so it -- it's not a plus or a minus, but it
may become an issue at some time. But s not an issue for this application.
De T.,'_Veerd: All right. I guess as you look at -- in the Comprehensive Plan, though, t
more of a medium density residential, what is the density of residential that abuts that? I
Parsons: Madam Mayor, Members of the Council, Larkspur to the east was roughly five
-- I think 5.8 -- 5.7 dwelling units to the acre, which is consistent with what's shown on
the conceptual plan this evening. Even though they --
De Weerd: How about the one to the south? Is that Observatory Court?
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Parsons: Along the south boundary that is correct. And along the east is Larkspur No.
�,. and 5.
Meridian City County
February 19, 2013
Page 47 of 84
De Weerd: I guess Council that's why you get the big bucks. Is there anything further?
De Weerd: Okay. Thank you.
Porter: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to providq
testimony on this item?
Hoaglun: I move we close the public hearing on CPAM 12-006.
De Weerd: I have a motion and a second to close the public hearing on Item 8-J. A
those in favor say aye. All ayes. Motion carried. i
Hoaglun: Madam Mayor?
A
Hoaglun: I move approval of CPAM 12-006 with all staff and applicant comments.
De Weerd: I have a motion and a second to approve Item 8-G. If there is no
discussion, roll call --
Rountree: Madam Mayor, I just at the point of -- and this is kind of a culmination of
things that we have allowed to go on out there, but I think it -- probably in the future we
need to take a better look at how these things come about. We have created -- created
a bit of an issue for that remainder of the property that at some point in time if they want
to develop -- and I'm not sure how it's going to develop, I'm not sure how it's going to
get any kind of access. So, just a point of consideration in the future, we need to be
taking a look at Comprehensive Plan changes with bigger parcels in mind and how they
relate to one another.
De Weerd: Thank you, Mr. Rountree. I would agree with you. In particular look to the
south you have a large lot subdivision that will abut it on the south side. There is -- if
Meridian City County
February 19, 2013
Page 48 of 84
you heighten the density in there without knowing how it all works with their access to
Meridian Road or how they get out of there, I don't -- I would agree, I don't know if
you're making -- what we are causing, so -- okay. If there is no further discussion,
Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yeel
Ete Weerd: All ayes. Motion carried.
H. Public Hearing: PP 12-016 Fall Creek Subdivision by Coleman
Homes, LLC Located South of W. Overland Road on the East
Side of S. Linder Road Request.- Preliminary Plat Consisting of
297 Building Lots and 30 Common I Other Lots on 111.26
Acres of Land in an R-8 Zoning DI"strict
De Weerd: Item 8-H is a public here on PP 12-016. 1 will open this public hearing with
staff comments.
Meridian City County
February 19, 2013
Page 49 of 84
De Weerd: Thank you. Council, any questions?
All,
Rountree: Not right now.
,We Weerd: Okay. Is the applicant here?
McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay.
Engineering Solutions. Business address is 1029 North Rosario, Meridian.
De Weerd: Thank you.
WiIIe Weerd: I am. I feel like it, too.
Meridian City County
February 19, 2013
Page 50 of 84
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February 19, 2013
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Meridian City County
February 19, 2013
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De Weerd: Council, any questions?
Rountree: Madam Mayor?
Rountree: First phase.
iffilcrIxay: First phase. First phase will be coming -- extending the collector roadway fro I
mr,
the LDS lot west, building our internal collector at the center of the project and thc
primary amenity. And we are building I think the first and second phase of one phas
So, that's where we will begin. I
Rountree: The out -parcel tends to create heartburn for somebody in the future and not
only the out -parcel, but it appears that you own both sides of that. Or your developer
does. At some point in time that road is going to widened, you're going to provide
sidewalk to a point on the road and it's just going to drop off. To me you're creating an
issue. I don't know how you resolve
Rountree: The other point you make with the Hansens about abandoning their access
there, if it's not bermed -- and I can guarantee you that that access won't go away --
they or a future homeowner will use it. We have been there with these and it doesn't
work. Again, I'm just pointing out issues that have been really contentious as a result of
these kinds of actions for not only us, but developers and property owners in the past. I
don't know what creative approach you can come up with, but you're one of the most
creative folks that comes before us and to me it needs a little more thought. I can
appreciate the Greens liking that particular piece of property, but at some point in time
Ada County Highway District might want that piece of property to put a sidewalk on or a
swale slope or whatever they need to do to widen the shoulder on that route or, you
know, provide a bike lane -- whatever they might have planned in the future, so -- I don't
want to foreclose that opportunity and it would be nice if we could really plan for it.
McKay: Madam Mayor, Councilman Rountree, we do show a dedication of 48 feet of
right of way from the center line, so that is excluded from that triangle parcel and that 48
feet was excluded from the Hansen parcel and I think staff brought that to my attention,
because when we wrote the legal description and, then, they split it off, the Hansens
owned it at that time, so we excluded the right of way so we could dedicate it. So, we
are not going to have like sidewalk that stops and starts again. The right of way is all
under -- the additional right of way is under our control.
Meridian City County
February 19, 2013
Page 54 of 84
Rountree: So, there will be a continuous right of way through --
McKay: Yes, sir.
1 31
McKay: Yes, sir.
McKay: Yes, sir.
Rountree: You have -- there was a graphic shown and the one that's up there now
appears that any improvement that direction just stops at that out -parcel going south.
Tic?�ay: Yeah. And it's kind of the way the landscape architect -i
Rountree: We will blame it on the landscape architect.
McKay: The landscape architect through the plan. So, yeah, what -- what we have
done is -- is this parcel -- this parcel here excludes 48 feet from center line and so the
dedication would take place to the highway district and we have to coordinate sidewalk
as far as what the highway district wants to do, because we do have this bridge over the
Ridenbaugh. So, sometimes that creates limitations and problems and they say, well,
trust for it in lieu of building it, because we are going to rebuild the bridge and, then, we
are going to move it and we'd tear it down anyway. So, that I still have to work on. And,
then, the right of way, according to the assessor -- and the staff brought it to my
attention is the Hansens don't have access to a public street, because there is a parcel
-- a lot in between. There is a sliver for future dedication. So, as far as closing their
driveway, they have given me a verbal, we are fine with that, but, you know, verbally
committing to it and when it comes time are two different things. So, I just -- I just hope
that, you know, they have got to sign the plat, they -- you know, as far as access it's not
a good access, it's right by the bridge, it makes sense to me that they would, when able,
abandon that. So, we will build a sidewalk I guess, you know, at that time take the
connection out where the right of way is. Or put up -- maybe the highway district puts a
barrier or we put a barrier.
W,
_Aountree: Vertical curb or something there --
McKay: Vertical curb something. YeJ
Rountree: Thank you.
dwhile we are on the Hanse
Watters: Maam Mayor, Members of the Council, if I may,
subject, just a couple things for the record. Rather than doing a lot for the landscap
along the frontage of the Hansen property, we could do an easement instead and, the)l
Meridian City County
February 19, 2013
Page 55 of 84
Rountree: Okay.
Hoaglun: Madam Mayor, Becky, I know it's been done before, you come in, you have
property and you say you got to hook up to city services, you work with the property
owner to make that happen. I have been part of that, so I know it's going to be done,
but
McKay: Yes, sir.
Hoaglun: -- what -- what was the language that was used? I mean it just seemed like,
okay, where do we sign. I don't remember signing anything, it just happened. I mean
we agreed and it was done. So, I don't know what -- you know, it -- when you reach this
A -
point in your property it's nice to have, now you have got city services, it doesn't cos]
you a whole lot, because the developer is providing that for You, so it's definitely a
benefit, but I --
Mc&ay: Yeah. That's my concern. Typically like these out -parcels where they are
retaining the home, you know, they have agreed in the contract to, yeah, we will -- you
know, we will connect the house, we will bend in our driveway, whereas this went back
to Washington Federal Savings and Loan, you know, those -- I just don't -- I have never
phased it. We -- typically we do get them to coordinate and cooperate. It's in their best
interest. Right now it's an illegally divided parcel. If they come in for an addition or
remodel Meridian should not give them a building permit because it's been illegally
divided. So, there is incentive for them to cooperate. I just want to go on the record
that I -- you know, sometimes you run into trouble with them. You know, we will
definitely do our part to make -- you know, to try to make this -- make that happen and it
will clean it up. It makes sense that they be included. They were part of the
annexation. And they haven't connected to any central services, because they are not
available to the house yet. They are back at that collector.
De Weerd: Anything further from Council?
M� S
#,e Weerd: Thank yoU-M.
M 11 A Nem,
Meridian City County
February 19, 2013
Page 56 of 84
De Weerd: I do have two people who have signed the sign-up sheet. Ruth Ann Greer
signed up as neutral. Thanks for sticking with us.
Green: Okay. Hi. I'm Ruth Ann Green. 2580 South Linder Road.
De Weerd: Thank you.
Green: And first I would like to address Mr. Rountree and his concern over the piece ot
property that's part of our -- being used as part of our pasture. If I understood you
correctly, you have said that Ada County Highway District would like 48 feet of
easement. Is that incorrect?
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Green: Oka�J.
Rountree: I said it might happen in the future and if that's the case we might want 4,
think about planning for it.
Green: Okay. I was just going to say that way our home is situated on the property if
Ada County took 48 feet we go off our front porch and have two feet and the road would
be there. So, if that was going to happen in the future they would probably buy our
property. So, I don't think that the 48 feet on the pasture would really be an issue,
because they would take the whole piece of property. And, then, I had a question and I
would like to know what kind of lighting -- how bright the lighting will be on the streets
and in the park, and at the entrance, based on the fact that the entrance for Bear Creek
is like a half mile from our house and it's extremely bright. I was just hoping that the
lights from the subdivision won't be as bright as that.
De Weerd: We will ask the applicant to make note of that in her closing remarks,
Green: Okay. Thank you.
De Weerd: Okay. Thank you. Gary Price signed up as neutral. Gary left. Any other
residents or -- yes, sir. And we do apologize for the lateness of this meeting, but thank
you for sticking with us. If you will, please, state your name and address.
Johnson: My name is Denny Johnson. 1335 West Overland.
De Weerd: Thank you,
Johnson: Madam Mayor and City Council. I have a couple concerns. Becky and I
have discussed these and I believe that we will be able to come to terms and agree on
the irrigation water delivery to the property. I am downstream from the property on tht
north side of the development. Irrigation comes in from the Kennedy Lateral under a
Meridian City County
February 19, 2013
Page 57 of 84
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Bird: We will definitely ask the applicant to address that as well.
Johnson: Yeah. We have agreed -- I have talked to Becky and she's agreed to meet
on the back line on the property line and discuss these issues and, you know, they are
by no means trying to avoid the issue, but it's something that's pretty critical to us and
so --
De Weerd: I certainly understand that. Thank you.
De Weerd: Any further comments from -- yes, ma'am. Good evening.
Brown: Good evening. I'm Betty Brown. 1400 Eggers Place. I live on the up side of
the Ridenbaugh Canal and I am concerned about the height of the houses below me .
If you put a two story house in there I'm going to look into their upstairs windows. How
close are -- is there a buffer between -- in the original plan in 2005 which we have
walking paths below that canal and now there isn't going to be one. So, how close are
these houses going to be? I'm going to be in the same position as the people on the
other side of the -- of Linder.
Meridian City County
February 19, 2013
Page 58 of 84
De Weerd: Okay. We will ask that as well.
Brown: Okay. Thank yoLj
De Weerd: Thank you, Betty. Any further testimony? Okay. Thank you. BeckA
De Weerd: Council, any questions?
Meridian City County
February 19, 2013
Page 59 of 84
Hoaglun: Madam Mayor, just that last comment. The widest, deepest lots usually bring
about the biggest houses.
ITTIcA,ay: 4YFell, they are pretty wide, so, you know, if someone wanted a big single story
they are -- they are perfect. I think they are 90 -- 90 -feet wide a lot of them, even a little
more. It varied. But I mean there may be a two story house, but they are -- you know,
those lots are elevated up in Eggers on an acre, acre and a half. There may even be
some twos in there and so, you know, there is going to be quite a difference -- quite a
separation and elevation drop where we are. We kind of face this anytime we are along
the bench area and the best that we can do is, obviously, deep -- you know, make the
lots as deep as possible and as wide as possible.
De Weerd: Council, any further questions'R
McKay: I'm not sure which lot Mrs. Brown lives on, so I'm not sure which -- exactly
which lot she would back up to. Could she identify which lot, where she -- where her
houseis?
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M6kay: On the straightaway? She's located -- Sonya, how come it's not moving?
Watters: I don't know. Where do you want to be?
Watters: Were you wanting to be on this one or --
McKay: No. I wanted to be where the plat was shown. Okay. So, she is she is the
fourth lot in, she's right here she said on that straightaway. So, she would she would
have approximately three lots that would be located there in front and where that's
ialling away, that's -- those are some of our deeper lots that are like 165 feet.
Bird: Madam Mayor?
Meridian City County
February 19, 2013
Page 60 of 84
Bird: Becky, you say they are 90 feet wide?
McKay: Some of them --
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Bird: Unless that is way out of kilter, I mean you got 90 foot wide lots all the way on th
inside, too, then, and I don't believe that -- i
McKay: Yeah. We tried -- Madam Mayor, Councilman Bird, those are our widest,
biggest, largest lots, because they backed up there to the canal and so we were making
them -- they would -- there were 90s -- there might have been some that were 85, bu)
they fan out.
McKay: They spread out, yeah. So -- so, it varied. But I don't have any lot that is less
than 12,000 square feet and I only had about four I think that were 12,000 and, then,
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Lhey went clear up to I think 20 some thousand square feet.
Bird: Follow up, Mayor.
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Bird: Beck, do you have any idea what the elevation drop -- is it 15) 20 f--
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bitBut we are going to drop it down even further -- you know, we are going to try
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to make that slope more gradual like we did out at Gramercy, which kind of dropped that
elevation down and we will be providing a grading plan to Public Works. That was one
of their requirements.
Bird: Okay. And follow up. Mrs. Brown's house is not setting level with the irrigatio
ditch by a long shot. I
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151ird: It goes up, too.
McKay: Yes, sir.
Bird: So, there is probably 15 feet. I'm sure she's at five feet above --
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Meridian City County
February 19, 2013
Page 61 of 84
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McKay: And I think -- I think, you know, probably 20 -- 20 25 feet, depending on, you
'4(now, how they -- their foundation of the house.
Bird: And your maximum height in this zoning --
McKay: Thirty-five.
Bird: -- is 35 feet, am I not right? Okay.
I -e Weerd: Okay. Any other questions from Council?
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De Weerd: Okay. Thank you, Becky.
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De Weerd: Council any further information needed from staff. If not I would entertain
motion to close.
Hoaglun: Madam Mayor, before we close I did want to ask Justin from ACHD just real
quick of Mr. Johnson's issue about -- question about the fence and that's -- since it's a
stub street that it falls under ACHD. Usually you just put up the little sign: Road to be
extended in the future with a little thing, but he has animals and potential liability. Is that
something you want a recommendation from Council to include? Does that help? I
mean what -- what's the policy for ACHD? Is that a case-by-case situation?
Lucas:. Ifladam f1layor, Members of the Council, just for the record Justin Lucas, Ada
County Highway District. Business address is 3775 Adams Street, Garden City, Idaho.
I'm glad I stuck around. You know, this is nice to be able to answer a question. I -- we
do this all the time where there is a stub street that goes into a pasture and the highway
district in general has no problem putting up a fence, as long as there is a sign clearly
attached to that fence or barrier that says this road will be extended in the future, just so
there is no confusion on what exactly is going to happen. Because if you don't put up a
sign, then, there is going to be a false impression that this is a dead end street and it's
never going to be extended. So, we are very willing to work with the adjacent property
owners through the conditions of approval. I don't think we need an official Council
action on that. It's pretty standard that we have done this before, so nothing to be
concerned about.
Hoaglun: Great. I'm glad you stuck around, too, Justin.
_ucas: Thank you.
Meridian City County
February 19, 2013
Page 62 of 84
�kountree: I move that we close the public hearing on Item 8-G.
De Weerd: I have a motion and a second to close the public hearing on Item 8-H.
Xe eerd: All those in favor say aye. All ayes. Motion carrie&.
• rem
Rountree: I move that we move the preliminary plat subject to the applicant's comments
and staff comments.
De Weerd: Okay. Anything further? Any discussion on the motion and second to
approve to 8-H?
Zaremba: Madam Mayor?
Zaremba: D• - need to clarify leaving the Ridenbaugh Canal uncovered?
Rountree: Madam Mayor, I would include that in my motion, that we vary the
requirement to cover the Ridenbaugh Canal.
1 E
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Meridian City County
February 19, 2013
Page 63 of 84
Mood: Just for some clarification, as we worked on some modification -- the applicant
went through several conditions that asked for some clarification, but didn't really
propose any solutions to some of them, so how should staff amend those conditions per
the applicant's request? A little -- a little guidance on -- I don't know whether it's six or
eight or maybe up to ten condons that Becky went through and most of them revolved
around the Hansen property, but in some cases she didn't propose a solution, just said
the way it's currently worded doesn't work. So, that makes it a little bit difficult for staff
to come up with findings incorporating --
Rountree: Madam Mayor, I think Sonya provided some language changes that
addressed several of those. Sidewalk would be provided. An easement. Remind me
of the other one.
Watters: I did look back in the existing development agreement and that property i
required to hook up to city services when they are available. So, we have that take
care of in existing development agreement, so -- I
Hood: And some of that, maybe just for clarification, could be, you know, occupancy in
that final plat phase. I don't think that's their first phase of this development. That gives
time for services to become available with some trigger point. I think that gives the
applicant some understanding when that needs to happen, as well as the Hansens.
But, again, doing some of this -- interpreting some of the discussion tonight could be a
little difficult I guess is my concern.
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Rountree: I will modify my motion to include the most previous discussion as it relates
to changes in the conditions with respect to the Hansen property. That sidewalk will be
extended across. There will be an expiration of an easement. There has been
identification that there is a right of way across that property that would come into play
with the elimination of the access that city services will be hooked up per city ordinance
when they are available and whether or not we include that in the agreement I don't
know. I don't know that it's necessary, but it's fine to include that. And any other staff
recommendations as proposed and comments provided by the applicant this evening.
Bird: Second agrees to the change.
De Weerd: Did you get your clarification? Okay. I will look forward to reading your
findings. Okay. Madam Clerk, will you call roll.
Meridian City County
February 19, 2013
Page 64 of 84
r "koll Call: Bird,yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
11111pililliq 11111liq p
Public Hearing: VAC 13-001 Southeast Corner Gateway
Marketplace No. 2 by The Land Group, Inc. Located Southeast
Corner of E. Ustick Road and N. Eagle Road Request: Vacate a
Portion of the Public Domestic Water Easement Platted on Lot
4, Block 1 Southeast Corner Marketplace Subdivision No. 2
(File #FP 07-020)
De Weerd: Okay. Now we are at 8-1. 1 will open the public hearing on VAC 13-001.
Parsons: Thank you, Madam Mayor, Members of the Council next item on the agenda
is for a vacation application for the property located near the southeast corner of Ustick
and Eagle Road. It's a vacant parcel that is just adjacent to the construction at Rosaur's
there. Currently there is a commercial building under construction and the applicant is
needing to vacate a portion of the water easement that was created with the platting of
the property. This exhibit is to depict what is being requested to be removed and what
is to remain in place. So, what's highlighted in blue is what the applicant is proposing to
vacate this evening and, then, the red outlined easement is what's currently in place and
will remain intact, so that this lot can be developed and that commercial property can
move forward with getting occupancy to that building as well. Staff did not receive any
written testimony on this application, either from the applicant or the public. To staff's
knowledge Public Works is amenable to the vacation as well. And at this time I would
stand for any questions you have.
De Weerd: Thank you, Bill. Any questions from Council?
De Weerd: Okay. Does the applicant have any remarks? It is a public hearing. Is
there anyone who would like to offer testimony on this item? Okay. Seeing none --
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Rountree: I move that we close the public hearing on Item 8-1.
De Weerd: I have a motion and a second to close the public hearing on 8-1. All those in
favor say aye. All ayes. Motion carried.
Meridian City County
February 19, 2013
Page 65 of 84
Rountree: I move that we approve the vacation request for VAC 13-001.
De Weerd: I have a motion and a second to approve Item 8-1. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, ye4
De Weerd: All ayes. Motion carried.
De Weerd: I am going to call a five minute break. We have been sng up here a long
'Lime and I apologize it delays it five more minutes. We will reconvene in five minutes.
(Recess: 10:30 p.m. to 10:36 p.m.)
Item 9: Department Reports-,
A. Mayor's Office: Resolution No. 13-910 A Resolution
reappointing Leslie Mauldin to Seat 5 and Meg Glasgow to
Seat 6 of the Meridian Arts Commissio7r
De Weerd: I will go ahead and call this meeting back to order. We are under
Department Reports. Item 9-A is Resolution 13-910. Council, in front you I do have two
appointments. A reappointing Leslie Mauldin to Seat 5 and Meg Glasgow to Seat 6 of
the Meridian Arts Commission. I still do have one commission seat open that we are
trying to fill and that is to fill David Stolhan's seat. So, if you know of interested people,
please, have them contact my office. Do you have any questions regarding these
reappointments?
Hoaglun: Madam Mayor, just a comment. I thought Leslie did an outstanding jo
singing the National Anthem at your State of the City address, so -- I
Hoaglun: People were very -- she is a professional, so -- people were very
complimentary about that. She did an excellent job and, of course, Megan has done a
great job with Meridian Arts Commission for many many years and juggling her
business and being a valuable member of the Commission. So, I would move we adopt
Meridian City County
February 19, 2013
Page 66 of 84
Resolution No. 13-910 reappointing Leslie Mauldin to Seat 5 and Meg Glasgow to Seall",
6 of the Meridian Arts Commission.
De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk.
�koll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
B. Mayor's Office: Resolution No. 13-911: Appointing Macy Miller
to Seat 1 of the Planning & Zoning Commission
De Weerd: Item 9-13 is Resolution 13-911. Council, I bring to you the appointment of
Macy Miller to Seat 1 of the Planning and Zoning Commission. She has been warned it
is a six year appointment and she's still sitting here at 20 minutes to 11:00, so she is
getting her feet wet very nicely to see what's in store. I did -- I was joined by Planning
and Zoning Commissioner Steven Yearsley and Scott Freeman in interviewing for this
seat and I would stand for any questions.
De Weerd: I guess I could ask Macy if she has any comment, but I won't ask her until
�.xr.fter the vote. You can't back out now.
Hoaglun: I move we adopt Resolution No. 13-911 appointing Macy Miller to Seat 1 of
the Planning and Zoning Commission.
TWO I [me,
De Weerd: I have a motion and a second to approve the resolution on Item 9-B.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
Meridian City County
February 19, 2013
Page 67 of 84
De Weerd: Macy, we appreciate your interest and your wngness to serve our
community in this fashion. Macy is from this area and so she's already very invested in
our community and looking forward to having you serve. Thank you.
C. Legal and Planning Department Joint Report: Letter from
David Turnbull Regarding the Ten Mile Crossing Development
Agreement
®e Weerd: Item 9-C is under our Legal and Planning Department. I will turn this over
t® Mr. Nary.
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De Weerd: David, would you like to make comment? Maybe you can just tell us wha)
our attorney just said.
Meridian City County
February 19, 2013
Page 68 of 84
I urnbull: I was going to say not really. No. I think I laid it out in my letter and if you
have read it and if you're in agreement we would appreciate your concurrence. I could
read the letter, I could read the minutes, but --
Rountree: But it's good to see you anyway, Davidl
De Weerd: And we needed to get you on the record just because.
Bird: Thanks for waiting around.
De Weerd: Council, any questions for staff or --
A0074m,
Rountree: Madam Mayor*.,,
Rountree: I would move that we direct staff to modify -- make the modifications as
suggested by Mr. Turnbull in his most recent letter.
1'e "Tr"feerd: I have a motion and a second. Any discussion or further clarification?
Rountree: Oh, goodness, no.
Akoll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, ye�%
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D. Public Works: Budget Amendment for FY2013 for the Not -to -
Exceed Amount of $90,000.00 for Waterline Extensions
De Weerd: Thank you. It is nice seeing you. It's been awhile. Okay. Item 9-D is our
Public Works, a budget amendment request. I will turn it over the Clint.
Meridian City County
February 19, 2013
Page 69 of 84
Dolsby: Thank you, Madam Mayor, Members of the Council. These next two items are
a budget amendment followed by the construction contract for the construction
agreement as -- from the funding from the budget amendment. The first item is a
budget amendment for 90,000 dollars for a water line extension project. The Black Cat
Road flush line construction project. This project is located in the lowest pressure zone
in the city's water system and it will provide pressure release through an automatic flush
valve from that system and the reason why we wanted to bring this budget amendment
to you this week or this month was because this project needs to be completed before
the irrigation water comes back into the canals. With that I would stand for any
questions on the first item.
De Weerd: Council, any questions?
Bird: Clint, what is -- what is this budget amendment? I can't read the fine print her
What is the reason for the budget amendment? 1
Dolsby: Madam Mayor and Councilman Bird, the reason for this budget amendment is
we have several water line extension projects that were scheduled for this year 2013,
this being among them, but there was more than one of them where the bids came in
significantly higher than the engineer's estimates, which caused the need for this budget
amendment.
Bird: Madam Mayor, follow up?
Bird: Clint, are we finding that our professional estimates are low or -- it seems like we
have been having quite a bit of these budget amendments because of low estimates
from our consultants.
Dolsby: Madam Mayor and Councilman Bird, it seems like we can run into a situation
where the construction industry is a little bit out ahead of the consulting engineers from
time to time and it takes them a bit to catch up in their estimates and get back in line.
Bird: Okay. Thank you.
Rountree: Madam Mayor, I move that we approve Item 9-D --
Meridian Meridian City County
February 19, 2013
Page 70 of 84
Rountree: -- budget amendment not to exceed 90,000 dollars for water line extensiorl
De Weerd: I have a motion and a second to approve Item 9-D. Madam Cleril
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yeal
De Weerd: All ayes. Motion carried.
E. Pubfic Works-. Award of Bid and Approval of Agreement for
"Black Cat Road Flush Line - Construction" to Anderson and
Wood, Co. Inc. for the Not -To -Exceed Amount of $96,727.00
Dolsby: Madam Mayor, Members of the Council, Item 9-E is for the constructio
contract associated with the budget amendment that was approved in Item 9-E for thc
Black Cat flush line project with Anderson Wood Construction Company. With that
would stand for any questions. I
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Rountree: I move that we approve Item 9-E for the construction of the water line Black
Cat flush line not to exceed a million six thousand seven hundred and twenty-seven
dollars to be awarded to Anderson & Woods and it's good to note that we at least had
6,700 dollars in the budget to do it to start with.
Bird: That's what I was going to say. At least they could drive the truck out there.
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De Weerd: I have a motion and a second and just a note Anderson & Wood Compan
is a Meridian company, so -- just met with them last week. Madam Clerk, will you ca
roll. I
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
'We Weerd: All ayes. Motion carried.
Meridian City County
February 19, 2013
Page 71 of 84
Community Development: Meridian Interchange Design
Elements - Review Design, Theme, and Elements for the Ne
Meridian Interchange I
De`T,rTr,eerd: Item 9-F is under our Community Development Department. Caleb.
Hood: Thank you, Madam Mayor, Members of the Council. This is a topic we hav
spoke with you over the last several months on, so I will just provide you a quick updat
on -- and some new information. I
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McClure: Madam Mayor, Members of the Council, I think I will just add two things and
stand for questions to keep this short. The first thing is that Mike has been able to work
with Idaho Botanical Gardens and has acquired a planting list that they basically signed
off and said was awesome, so I think that's -- that's a fantastic thing and I think it's going
to help make this work of art better and we are appreciative of that. And the second
Meridian City County
February 19, 2013
Page 72 of 84
thing is the Meridian Arts Commission is interested in participating with us. I will be a)
their meeting Thursday. Tentatively the artwork is on kind of that barrier rail element up
there that Caleb flashed on the screen. And with the spirit in keeping this short, I will
just let you guys ask questions. I would point out that, too, that this is, as Caleb
mentioned, largely similar to what you have seen before. Their 11 by 17 basically
represents an easier way of seeing that, that you have got it all on one sheet rather than
spread across 20 slides. So, that's the intent of that.
De Weerd: And that's greatly appreciated. I know that you have been working with the
Parks Department and the biggest I guess point of interest is how this transitions from
the interchange design into the split corridor phase one landscaping and the ease of
maintenance certainly is of interest as well.
McClure: In term of ease of maintenance, I'd have to let Mike talk to that. In terms of
the transition of split corridor phase one, the way this design currently works is looking
outward in, so anyone particularly on the interstate kind of sees this regional Birds of
Prey Snake River thing and anyone on the bridge would see that landscaping that ties
in with split corridor phase one. So, the islands, the medians, if they are able to be
landscaped, would have some of those from split corridor phase one and, then, also the
interior barrier, so basically where the pedestrians are walking up against next to the
railing, ideally that would have some of that like stacked stone that you see on the
current Meridian interchange -- Meridian monument. Some of that stuff has to be run by
the design consultant, but that's basically where you would see this improvement is on
top of the bridge.
De Weerd: Very good. Council, any comments, questions? Mr. Rountree.
Rountree: Madam Mayor, I have seen this and have been working with the task force
and Brian has done a great job of pulling these things together and I didn't notice this
before, but I made the recommendation to include the landscape and the flow for the
drainage basins, but -- so not as to confuse ITD that we want it in that particular
quadrant, you know, can you move it over to the southeast quadrant of the interchange
or something so -- because we had a lot of discussions about that particular area and
tur desire is that we don't end up with it, but --
McClure: Councilman Rountree, definitely I can do that. I think the -- I will check with
Parametrics, but just to be clear I think that's a great idea.
Rountree: Okay. And for the Council just a bit of information. It appears that at first
glance, given the right-of-way constraints, particularly on the south side, there is
probably not going to be enough room to put in a landscape median at that point,
because of the impact that's already going to occur on Jackson's and JB's and the other
-- on that particular -- on the west side on the south end. But that's the first -- first blush
and you just take more parking to get that widened enough to actually get a parking
strip or a planting strip, excuse me. But other than that, I think everything has been
Meridian City County
February 19, 2013
Page 73 of 84
pretty well discussed with the task force and general agreement that this is the way we
ought to move forward and see where it goes.
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Bird: Mr. Rountree, how much on the west side are they going to take/. -
Rountree: It appears that the parking that abuts that retaining wall now will go. They
just -- they can't -- even if -- even if they narrowed up the sidewalk, which was not
desirable, due to a five to seven foot sidewalk it still has to go. There is just not enough
room to have parking there.
Bird: That's right to Overland,
Rountree: Well, actually, the Jackson's parking would be removed there adjacent to
Overland, but they have got sufficient room in their parking lot -- I mean they have got a
lot of space between the parking now and they could probably put a row of parking
between the two --
Wird: Oh, yeah. They can --
Rountree: there is now, so they will lose that adjacent, but it c®I be c®I be -- a
car may be
Bird: They could come in with what JBs has got now when they lose that, because they
got enough area there to -- back-to-back parking. JBs is the one that's --
Rountree: Yeah. But that's -- that's a right of way discussion when that takes place,
because I'm sure that will be the most valuable parking in the entire state of Idaho.
We Weerd: Caleb, do you have anything you want to add?
Caleb: Madam Mayor, Members of the Council, just that we will be back, as
Councilman Rountree mentioned -- first blush on some of these things, but we will come
back as this evolves with the state and their consultants and keep you apprised of any
,i.evelopment.
Rountree: I will add that we did meet with the consultant in our last meeting, which was
a couple weeks ago, and they are very appreciative that this stuff has been done up
front and is giving them some guidance, so they don't have to put together a bunch of
different concepts and feel everybody out about what's going to happen. They like what
they saw and they are going to take it and probably come back with three versions of
this, a high, medium and low kind of a thing, so we can take a look at cost and how it
fits.
Meridian City County
February 19, 2013
Page 74 of 84
De Weerd: That's great. And certainly Caleb and Brian, we greatly appreciate the work
you have put into it. Brian, Mike, your outreach to add to it and Tim, it's been a great
collaboration and I know who the visual guy is. That's why he lost his voice, he was
I.rguing at the Arts Commission selection committee. It wasn't with me, though.
G. Community Development: Rail with Trail Grant Application, 1
Round 2
De Weerd: Okay. If there isn't anything further, we will move to Item 9-G and stay over
there with Caleb.
Meridian City County
February 19, 2013
Page 75 of 84
Hoaglun: Yes. Friday.
Hood: So, I think that's -- that's probably it. Again, if -- if at the end of this discussio
you are supportive I would ask your approval for the Mayor to sign an upcoming letter.
did not bring that to this meeting tonight, but, basically, pledging our local participatio
and ongoing maintenance. So, with that, Madam Mayor, I would stand for an
questions.
De Weerd: Thank you, Caleb. And, Council, Stacy and I did talk today and she is fully
aware that this is -- it's being discussed and she feels comfortable with that discussion.
=- V =-StIIIIIIIIIII&N
Rountree: Caleb, you were just talking about construction costs and I don't -- is there
any sense that part of that money is going to be preliminary engineering or is that going
to be a separate budget item?
Hood: Madam Mayor, Councilman Rountree, Members of the Council, what we have
done is actually were looking at ten percent of the construction cost for engineering and
that will be part of our grant request, so the timeline would be -- we look at doing some
of that preliminary engineering in '15 and, then, '16, '17 doing the construction. So, we
are asking for some assistance in the design work. We have a lot of concept stuff
already done through Alta over the past five, six, seven years, we have hired them on
two separate occasions to do some concept level work. We will probably fine tune that
a little bit and, then, again, look for some assistance in the actual engineering of the
pathway.
Meridian City County
February 19, 2013
Page 76 of 84
7aremba: Caleb, I got lost in the math there sometime. What I heard was we send the
state a million dollars and eventually they send us back. What's the grant?
Hood: So, the grant -- the grant is for -- our request would be 750,000 dollars of federal
money and we are matching that with 250,000 of city local money. We would not get
reimbursed the 250,000 dollars. That is our contribution to the project. Over time when
we get reimbursed back the 750, if successful in the grant, would be reimbursed the
federal portion of that. Now, what the state requires is with advanced construct, you
send them a check for the entire construction cost, so that it's a guaranteed project,
because the funding from Congress isn't guaranteed to them. So, to move forward with
the project they want a guarantee that that project is going to move forward, because if
you front all the money, even though you're only spending really a quarter of that in this
case, so if appropriations don't happen the project still moves forward or your pay back
any federal funds that were spent on the project if you don't bring the project to
completion. Did that help at all or --
Zaremba: Well, I think I understood from that explanation, but our local cost would be
2507000.
Hood: That's what we are asking tonight.
7aremba: We have to front a million and we get -- we get back --
Hood: We would just lose the leveraging of that 750,000 until we are reimbursed th
back. 1
Zaremba: Okay. Thank you,
-C
Rountree: Just a point of clarification. All transportation federal aid dollars are cos'l
1
reimbursable. You spend the money, you get your portion back minus your match,
whatever the matching rate is. They all work that way.
De Weerd: Which is I think what happened on Locust Grove overpass.
'lkountree: Uh-huh. Exactly.
I � 0 - T T _ Z M
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Meridian City County
February 19, 2013
Page 77 of 84
Bird: This 750,000 grant comes with the -- we have to go Bacon Davis and all that stuff,
does it increase the cost about 25 to 30 percent?
Hood: Madam Mayor, Councilman Bird, that is correct. This will be a federal aid
project, so the federal regulations -- we have to use ITD's contractor's list, you have to
follow their procedures for design and those types of things. Yes, it is a federal aid
project that we will -- Davis Bacon will apply. I do not think, however, a lot of the -- I
think it will be a Category X project for the environmental, so I think we can -- it's in
existing right of way and I believe we will be excluded from having to do a lot of the
environmental assessment thing, but, yes, Davis Bacon will still apply to those working
on the project.
Hoaglun: Madam Mayor, Caleb, the existing right of way, are you talking -- referring to
railroad right of way for this project or are we doing it off railroad right of way?
Hood: Madam Mayor, o• .• the intent is to have it be within in the
Union Pacific Railroad's right of way. There is a Plan B that if we aren't successful to
negotiate with them that we could go out of corridor. We do have that as an option.
Tim has actually run through that with you before, but it's -- for adoption it needs to be
within UP right of way. In fact, the only way this really works is if there is either a
dedication by a private developer or UP gives a grant for an easement. We do not -- we
are not asking for any right-of-way funds with this grant.
Hoaglun: Is -- Madam Mayor, follow up. Is there any time limitation on that? Becaus
Union Pacific could drag this out for years and -- does it have to be constructed by
certain time period? I
Hood: Madam Mayor, Councilman Hoaglun. Yes. So, in our request we are looking to
build this in '16, '17) 18, somewhere in that time frame. So, that gives -- only gives us a
couple of years to negotiate that. If we are unsuccessful in doing that -- again, Plan B
would be to build it somewhere else in the corridor and that's how we will word the
application. We have eight miles of this in Meridian. We'd like to build a mile of it.
Hopefully it's here in downtown and in the UP corridor. If it's not we can move to Ten
Mile area in kind of some green field and build it out there and that gives us some more
time to work with UP on -- on the preferred corridor. But it's going to be a use it or lose
it thing. They have to be obligated in the year that COMPASS gives us the grant funds
or they get put back in the pot and it's competitive and they will regive it -- they will give
it out to somebody else and we have got egg on our face if we -- because there is
balancing and things that have to happen.
Hoaglun: So, Madam Mayor and Caleb -- and maybe this gets Mike involved. The
money, the 250,000, we have in the past allocated 100,000 a year for pathway. That's
assuming we will continue to do so each and every year in those future years and if
that's what we dedicate, that takes it all. So, if an opportunity comes up to do a major
connection between some neighborhoods, there is no money. And 100,000 over two
years, then, th-- is another 50,000. 1 -- w-- kind of like the federal government, we
Meridian City County
February 19, 2013
Page 78 of 84
are going out there and starting to grab money from future years to pay for things now -
It really makes me nervous.
De Weerd: But in talking to Finance and certainly that would come back to you. It is
;M
believed that we have the money to do this while still funding the CIP. This was in th;,-..
CIP, but it was in year five through ten, but it can be moved up and there are the funds
to do that.
Hoaglun: Okay. Thank you, Madam Mayor. Mike, can you --
Rountree: Madam Mayor, before Mike says what he has to say, I'm just going to
suggest that if we anticipate and have historically provided 100,000 dollars a year, I
would suggest that we look at a 20 percent match and -- which is, for all intents and
purposes what projects like these typically would have required anyway, but apparently
they are using the federal formula that's used on interstate projects of the 90-10 or 73-
27however you want to change the decimal place, but 20 perc-
• • -- would still be used favorable compared to what I anticipate the other cities are
going to come forward with their match with the projects they are going to be proposing,
so that's something else we could consider.
Hoaglun: Madam Mayor, Mike, if you address the budget issue, I mean I don't want ti
eave you guys short and -- M
Barton: Yeah. And, Madam Mayor, Councilman Hoaglun, the Parks Commission and
our department have identified the Rail With Trails as a pathway priority, so -- I mean
we talked about other connections and there is a lot of them out there and there are a
lot of needs for pathways, but the Rail With Trail is one of those priorities. So, it's
something that we support and it will provide connectivity between some of our existing
pathways. Hopefully if it goes, you know, closer to Five Mile Creek and areas like that,
then, there is some real connection opportunities to downtown and --
De Weerd: I guess, Councilman Hoaglun, in discussing it with both our parks director
and our finance director, this -- they certainly can take it out of their -- their pathways set
aside. That isn't the preferred alternative -- alternate, but that is an option. As Mike
said, the parks commission does see this as a priority, so -- either way. But our finance
director does believe that we do have the funds to commit.
Hoaglun: And, Madam Mayor, I don't disagree. I mean we have funds like field house
funds, •oknow, that's set aside for something else and I know we don't want to
touch that. So --
Hoaglun: No, it's not field house, but there are other options, though.
Meridian City County
February 19, 2013
Page 79 of 84
De Weerd: I guess I'm not being very clear. It is unallocated and uncommitted funds
that she is talking about.
Hoaglun: Okay.
Hoaglun: Okay. ThankyoLl
De Weerd: But the CIP funds, as Councilman Rountree has pointed out, we did certify
two pathways.
•fferent
S, there are two di
ooptions right now.
Aoaglun: Okay. Thank you. I do have one concern that I think we can get around and
that's the grant committee has not met. They are meeting Friday. So, if there is a
motion to approve this, I would like a condition that the grant committee finds no issue
that would stop this, that there is something that we haven't considered or seen, that
somehow we -- we allow them to still do their work, still go through it, and make sure
and -- that everything is vetted property by the process we set up, that we would have
something that would condition it to, them not having any findings of -- or issues.
Hood: If I may, Madam Mayor, I -- that's fine by me, obviously, but just -- a quick
apology, with the meeting being canceled last week, the call hadn't been out very long,
these are due on the 26th, so next week, so this really was the only chance to get on
the agenda and we notified the grant committee just as soon as we knew that we were
going to try to go after something, so nobody's fault, just the stars didn't align correctly
to have that recommendation prior.
Hoaglun: Yeah. I understand, Madam Mayor and Caleb. Yeah. It's just one of those
things you have got to move quickly on these and I think the soonest they can get
together is Friday, rounding everybody up, and it sounds like they will have their
recommendation done Friday, so we will know in time to -- to proceed, so I think timing
wise there really shouldn't be any issues, but it doesn't hurt for them to go through the
process to make sure that everything is kosher, so -- and I want to respect the process
that we set out, so --
W,
-\ountree: Make the motion. Madam Mayor?
Rountree: I move that we move forward with the Rail To Trail grant application and
apply with the understanding that we provide a 20 percent match for a million dollars
and we condition this approval upon no finding from the grants committee that there are
other issues that we are not aware of at this point in time.
Meridian City County
February 19, 2013
Page 80 of 84
De Weerd: Any discussion?
Roll Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yeA
De Weerd: Three ayes. One nay. Motion carrieA
First Reading of Ordinance No. 13-1542: An Ordinance
Combining The City Of Meridian Traffic Safety Commission
And The Meridian Transportation Committee/Task Force Into A
City Of Meridian Transportation Commission By Repealing
And Replacing Title 2, Chapter 3, Meridian City Code, Related
To: Establishment; Duties And Powers; Membership;
Organization; Meetings; And Providing An Effective Date
De Weerd: Okay. Item ten is the first reading of Ordinance 13-1542. Madam Clerk, will
you, please, read this by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1542, an
ordinance combining the City of Meridian Traffic Safety Commission and the Meridian
Transportation Committee task Force in a City of Meridian Transportation Commission
by repealing and replacing Title 2, Chapter 3, Meridian City Code, related to
establishment, duties, and powers, membership, organization, meetings, and providing
an effective date.
De Weerd: Okay. You have heard this read by title only. Seeing no one in the
audience, Council.
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Rountree: Was there any discussion with -- has there been discussion with botP
committees on this item? I
Meridian City County
February 19, 2013
Page 81 of 84
Rary: Madam Mayor, Members of the Council, yes, we actually had a discussion today
briefly with the Traffic Safety Commission and the Transportation Task Force was
present as well. We did advise them that this was on for discussion tonight, invited
them both to tonight's meeting, which, thankfully, nobody came, but also that they could
provide written comment or come next week. The Traffic Safety Commission did make
a motion to recommend approval of this ordinance in moving it forward, with the caveat
that they still want an opportunity if they -- any of the members felt the need to provide
comment to you. What I advised them is that the normal course of how you're readings
are done is the first reading is tonight, the public comment is acceptable, they could
submit written comment for next week. If the Council felt that next week that because
they still have a concern, whether it was the task force or the commission with moving
forward or they still had some issues to want to iron out, the Council could, then, choose
to extend it into March. There wasn't a time emergency, other than there are some
projects coming along and there is some necessity to get some -- some input from
either the transportation task force or the transportation commission. They opted to
accept that and they made a motion to recommend approval subsequent to that. So, I
think they are of the mindset they just want a chance to read, they had a couple of
questions about process and I think otherwise it was very positive.
Rountree: That answers my question. Thank you.
13UGZEI�
Bird: First reading.
De Weerd: So, the next reading will be on next week. Okay. Very good. Mada
Clerk, will you, please read this next item by title only, Ordinance 13-1543.
Holman: Thank you. City of Meridian Ordinance No. 13-1543, an Ordinance AZ 12-
0 07, Linder Church of Christ, for annexation of a portion of Parcel D as shown on
Record of Survey No. 6326, Ada County Records, located in Government Lot 2 of
Section 4, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as
described in Attachment A and annexing certain lands and territories situated in Ada
Meridian City County
February 19, 2013
Page 82 of 84
County, Idaho, and adjacent and contiguous to the corporate ts of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from RUT to R-8, Medium Density Residential
District, and C -C, Community Business District, in the Meridian City Code, providing that
copies of this ordinance shall be filed with the Ada County assessor, the Ada County
recorder, and the Idaho State Tax Commission, as required by law, and providing for a
summary of the ordinance and providing for a waiver of the reading rules and providing
.?,n effective date.
De Weerd: Thank you. Council?
I
Bird: I move we approved Ordinance No. 13-1543 with suspension of rules and for th(;
Mayor to sign and the Clerk to attest.
• W• r
De Weerd: I have a motion and a second to approve Item 1 O -B. Madam Clerk, will you
call roll?
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yeel
De Weerd: All ayes. Motion carried.
Z
Uff
C. Ordinance No. 13-1544: An Ordinance (AZ 12-014 —
Tomorrow's Hope) For Annexation Of A Tract Of Land Situatei
In A Portion Of Government Lot 4 Of Section 6, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho,
Establishing And Determining The Land Use Zoning
Classification Of Said Lands From Rut And RI To R-8 (Medium
Density Residential District)
De Weerd: Item No. 10-C is proposed Ordinance 13-1544. Madam Clerk, will you rea
this by title only. i
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1544, a
ordinance AZ 12-014, Tomorrow's Hope, for annexation of a tract of land situated in I
portion of Government Lot 4 of Section 6, Township 3 North, Range 1 East, Boisl
meridian, Ada County, Idaho, as described in Attachment A and annexing certain land., -
and territory situated in Ada County, Idaho, and adjacent and contiguous to th
corporate limits of the City of Meridian, as requested by the City of Meridianil
Meridian City County
February 19, 2013
Page 83 of 84
establishing and determining the land use zoning classification of said lands from RUT
and R-1 to R-8, Medium Density Residential District, in the Meridian City Code,
providing that copies of this ordinance shall be filed with the Ada County assessor, the
Ada County recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading rules
and providing an effective date.
De Weerd: You have heard this read by title only. Council, do I have a motion?
Bird: I move we approve Ordinance No. 13-1544 with suspension of rules, with th
Mayor to sign and the Clerk to attest. i
160, "1' 0
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De Weerd: I have a motion and two seconds to approve this ordinance. Madam Clerk,
roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
_'tem 11: Future Meeting Topics
De Weerd: Any items to consider under Item 11 , Future Meeting Topics?
'We Weerd: Mr. Hoaglun.
Hoaglun: Not a topic, but a future meeting. I will be out of town next week, so I hope
that is not a problem for everyone.
Hoaglun: So, Vice -President Rountree will be running the meeting.
Akountree: That's great.
Meridian City County
February 19, 2013
Page 84 of 84
De Weerd: I hope if goes faster than this one.
Rountree: Do I have to participate in the planning on Friday in my situation?
De Weerd: Yep. In my regards you do.
Hoaglun: Yeah. I would think so.
De Weerd: Yeah.
Rountree: 9:00 o'clock.
De Weerd: Okay. Well, with that I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11:22 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYORAY DE WEERD DATE APPROVED
ATTEST: Yo�PzD AU�USr
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Size of property, existing zoning, and location: This site consists of approximately 243+/- acres, is currently zoned R-2, R-4, R-83
L -O, TN -C & TN -Rand is located south of W. Overland Road between Linder & Ten Mile Roads.
Summary of Request: The subject request is to replace the original & amended Southridge DA with a new modified DA that reflects
all properties currently subject to the agreement.
Since the annexation was approved for the overall Southridge property consisting of 291 +/- acres, approximately 61 +/- acres at the
NEC of Ten Mile & Overland has been purchased by Cabra Creek LLC & 40+/- acres on the south side of Overland, midway between
Ten Mile & Linder has been purchased by DBTV Southridge Farm LLC. As a result of associated rezones, all of the DBTV property &
the C -C zoned 7.5+/- acres portion of the Cabra Creek property are now under their own DA's. While these properties now have their
own DA's, they're still subject to the Southridge DA. The subject modification will remove these properties that now have their own DA's
& allow for the subsequent removal of the remainder of the Cabra Creek and the Linder 109 properties once the properties are rezoned
& included in their own DA's. It also allows for the removal of the ACHD property once the park & ride lot is developed. The amendment
also proposes to remove conditions that have already been completed & update the owner information for the subject properties.
Finally, the amendment proposes to modify how the height of the homes are measured along the southern boundary shared with Val
Vista and Aspen Cove subdivisions.
Written Testimony: Scott Spears, ACHD — Requests DA provision #4.3 is modified to include, "ACHID's obligations under this DA
shall only relate to the development of the ACHD PROPERTY, as provided in this Paragraph U." at the end of the first paragraph.
Staff is amenable to this change.
Outstanding Issue(s) for it Council:
i. Staff recommends DA provision #6.1.5 be modified as follows, "That all TN -C zoned lots develop consistent with UDC
standards for the TN -C zone, except for the public library and any 1 -story portions of assisted livinq facility structures on
Parcel 2.
Notes:
Item #81D: Paramount Subdivision No. 22 (FP -13-004.J
Final Plat
Size of property, existing zoning, and location ® This site consists of 14 acres, is currently zoned R-8, and is located on the east
side of N. Fox Run Way, south of E. Chinden Blvd.
Summary of Request: Request for final plat consisting of 38 single-family residential building lots and 5 common/other lots on 14
acres of land. The gross density of the proposed subdivision is 2.71 d.u./acre. The average lot size is 8,835 s.f. & the minimum dwelling
size is 1,400 s.f.
Staff has reviewed the proposed plat and found there to be one fewer lot than shown on the preliminary plat & an increase in common
area. All of the lots comply with the dimensional standards of the R-8 district. Playground equipment & benches were shown on the
preliminary plat landscape plan & are required to be proved in this phase as a condition of the preliminary plat.
fill 11-i "I - III I qI1111111
T
Item #8E: Baraya Subdivision (TEC-13-001)
Application(s):
Time Extension
Location and Zoning: This site consists of 92.66 acres, zoned R-8, R-15 and R-40, located on the south side of'-Franklin Road
between N. Black Cat Road and N.Ten Mile Road.
Summary of Request: This is the second Council-level time extension requested by the applicant.
Per UDC 11-613-7C, the City Council may require the preliminary plat to comply with current provisions of the UDC. Since the last
extension, the UDC has been amended to require the property owner to post a performance surety with the City in the amount of
125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. The property
owner is also required to post a warranty surety with the City in the amount of 20% of the total construction cost for all completed
sewer, water and reuse infrastructure for duration of two-years.
In addition to the new surety requirements, the City has adopted new street light standards. Previous time extensions did not require
compliance with these new standards. Therefore, Staff recommends new conditions that require compliance with the new street light
standards and surety requirements noted above.
The applicant shall also comply with all previous conditions of approval for this site.
Written Testimony: Matt Schultz, Written response in agreement with the staff report.
Outstanding Issue(s) for City Council: None
Notes:
1 11 ITS I I I I FIMT I II 111 11 11 Ir
Size of property, existing zoning, and location.- This site consists of 31.85 acres, is currently zoned C -N & and is located o
the southeast corner of S. Meridian Road & E. Victory Road. i
Adjacent Land Use & Zoning:
North: Victory Road, Fuel facility/convenience store, landscape nursery, zoned C -G; & residential properties, zoned R-4
South: Undeveloped property, zoned R-8
East: Undeveloped property, zoned R-8 and TN -R
West: Meridian Road (SH 69) & rural residential properties, zoned RUT in Ada County
History: This property was originally annexed with the Tanana Valley project and later included in a preliminary plat for Cavanaugh
Subdivision but never final platted. The site was anticipated to develop with a neighborhood market, condominium units, apartments,
vertically integrated residential lofts above retail, and commercial uses. Since that time, ownership of the property & development plans
for the property has changes.
Summary of Request: The applicant requests an amendment to the Comprehensive Plan FLUM to change the land use designation
on 16.32+/- acres of land from Medium Density Residential (MDR) to Medium'-Hi'gh Density Residential (MHDR); and 10.77+/- acres of
land from Mixed Use Neighborhood (MU -N) with a Neighborhood Center (N.C.) overlay to MDR.
The MHDR designation allows densities ranging from 8 to 15 dwelling units per acre. The MDR designation allows densities ranging
from 3 to 8 dwelling units per acre.
A conceptual development plan was submitted that shows the eastern portion of the site developing with 48 single-family residences at
a density under 3 d.u./acre and the western portion of the site developing with 215-228 apartments units at a maximum density of 15
d. u./acre, consistent with the proposed map amendment. The concept plan included in the staff report has been revised as shown.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Jonathan Seel
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jonathan Seel
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation: None
Written Testimony since Commission Hearing: Jonathan Seel
Outstanding Issue(s) for City Council: None
Item #8G: Larkspur West (CPAM-1 2-006)
Application(s):
Comprehensive Plan Map Amendment
Size of property, existing zoning, and location: This site consists of 4.51 acre(s), is currently zoned RUT in Ada County, and is
located adjacent to Meridian Road and Edmonds Court.
History: NA
Summary of Request: The applicant proposes an amendment to the future land use map contained in the Comprehensive Plan to
change the land use designation on 4.51 acres of land from Low-density Residential (LDR) to Office (1.01 acres) and Medium-density
Residential (MDR) (3.50 acres). The land use change is requested to develop the property consistent with the adjacent properties. To
the north and the east of the subject property is L-O and R-8 zoned property. The requested map change coincides with the
surrounding zoning districts. If the CPAM is approved, the applicant could move forward with annexing and subdividing the property
with the L-O and R-8 zoning districts and develop lots consistent with the adjacent land uses.
The applicant intends to develop the property with a small office complex and a residential subdivision. The concept plan depicts three
(3) office lots, twenty (20) residential lots and future street connectivity.
Commission Recommendation -,- Recommended approval on January 17, 2013.
Summary of Commission Public Hearing:
V. In favor: Jim Jewett
vi. In opposition: None
vii. Commenting: None
viii. Written testimony: Gus Porter, applicant's representative
Key Issue(s) of Discussion by Commissi
i. None
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony Since Commission Hearing: None
Outstanding Issues for Council: None
Notes.-
It #8H: Fall Creek Subdivision (PP -12-016)
Application(s):
�> Preliminary Plat
Size of property, existing zoning, and location: This site consists of 111,26 acres, is currently zoned R-8, and is located South of W. Overland
Road between S. Linder & S. Stoddard Roads, north of the Ridenbaugh Canal.
Adjacent Land Use & Zoning:
North: Rural residential/agriculture uses, zoned R-8 and RUT in Ada County
East: Stoddard Road, residential and agriculture uses and a church, zoned R-8 and RUT in Ada County
South: Residential uses, zoned R1 in Ada County
West: Linder Road, future residential uses and possibly a future school & library, zoned R-4, R-8, TN -R, & TN -C
History: This site was annexed and preliminary platted in 2005 with the Bear Creek West project which consisted of 321 SFR lots. The preliminary
plat. has since expired but there is a development agreement that is still in effect for the property.
Summary of Request: The proposed plat consists of 297 single-family residential building lots & 30 common/other lots on 111.26 acres of land
zoned R-8. The proposed density is 2.66 d.u./acre which is consistent (although at the low end) with the MDR future land use map designation and
R-8 zoning. The plat is proposed to develop in 8 phases per the phasing plan.
Lots depicted on the proposed plat meet the dimensional standards of the R-8 district; however, there are several blocks that exceed the maximum
length allowed by the UDC of 750' without an intersecting street or alley. Because staff is contemplating a text amendment to the UDC in regard to
block lengths, staff has included a condition of approval that the applicant comply with the block length standards in effect at the time of submittal of
the final plat application. If the block lengths do not comply with UDC standards in effect at that time, the preliminary plat will need to be revised.
Access to the site is proposed via Kodiak Drive, a collector street, through the development connecting to Stoddard Road at the east boundary and
to S. Linder Road at the west boundary of the site. Local streets are provided off the collector street for interconnectivity within the subdivision. One
stub -street is proposed to the north for future extension and interconnectivity.
There is an existing home that currently takes access via Linder Road. With the development of the plat, access for this lot is required to be provided
internally via W. Olds River Drive; the existing private access point to Linder should be removed.
A 25 -foot wide street buffer is required to be constructed along Linder Road, an arterial street; and a 20 -foot wide buffer is required along Stoddard &
Kodiak, both collector streets. A 10 -foot wide multi -use pathway is required to be constructed on the site along the collector street, W. Kodiak Drive,
and north from Kodiak along the east side of Linder Road to the north boundary of the site.
The plat depicts 11.51% open space for the site; a minimum of 5 amenities are required. The applicant proposes a swimming pool with changing
rooms and a gazebo or covered patio area with picnic tables & playground equipment on Lot 9, Blk 6 with the 1st phase of development; a multi -use
pathway along W. Kodiak Drive; pathways through common areas; and playground equipment & a covered picnic area within the pocket park on Lot
91 Blk 2. Additional site amenities are proposed to be provided in the other pocket parks and will be defined with the applicable final plat.
The Ridenbaugh canal exists along the southern boundary of the site and the Hardin Drain runs across the northern portion of the site. The Hardin
Drain will be piped; the applicant requests a waiver from Council to not pipe the Ridenbaugh due to its large capacity.
Building elevations were submitted for the proposed homes in the subdivision.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commenting: Craig Robinson
iv. Written testimony: Becky McKay
Key Issue(s) of Discussion by Commission:
i. The length of blocks proposed within the subdivision & concern regarding the design of the plat if changes are made later to comply with
UDC requirements;
ii. Discussion about the intended changes to the UDC for block length requirements.
Key Commission Change(s) to to Recommendation: None
Outstanding I for City Council:
i. The applicant requests a waiver from City Council to UDC 11 -3A -6A to allow the Ridenbaugh Canal to remain open due to its large capacity.
Written Testimony since Commission Hearing: Becky McKay
Item #81: Southeast Corner Marketplace No. 2 Vacation (VAC -1 3-001)
Application(s): Vacation
Location: The subject property is located near the southeast corner of E. Ustick Road and N. Eagle Road.
Summary of Request-, The applicant is requesting to vacate a portion of an existing water easement (2,174 square feet) platted on Lot
4, Block 1 o Southeast Corner Marketplace Subdivision No. 2. The water main was installed in conjunction with the subdivision
improvements. A 27,380 square foot building is currently under construction over the top of the water easement which necessitates the
need to vacate a portion of the existing easement. The portion of the easement and water main that is to remain (adjacent to the rear of
the building) will adequately service development of the site. City staff recommends approval of the vacation application.
Written Testimony: None
Outstanding Issue(s) for City Council: None
V�rua 19, 2013 ITEM NUMBERE 5A
Proclamation for Skills USA
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CLERKS OFFICE FINAL ACTION
DATE:
E-MAILE TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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100)ATE: Februa�y 19, 2013 ITEM NUMBERN 6A
Approve Minutes of February 5.,2013 City Council PreCouncil Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTiON
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENTTO
APPLICANT
NOTES
INITIALS
a
TE: F
Aebruary 1 c,...,', .9.013 ITEM NUMBERN 6B
Approve Minutes of February 5, 2013 City Council Regular Meeting
MEETING NOTES
CLERKS OFFICE F1NAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENTTO
APPLICANT
NOTES
INITIALS
L 10 B
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Approve Minutes of February 5, 2013 City Council Regular Meeting
MEETING NOTES
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CLERKS OFFICE FINAL ACUON
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NOTES
INITIALS
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PROJECT NUMBER" Afir" 12-014
'TEM TITLE.- Tomorrow's Hope
Development Agreement for Approval: Public Hearing® AZ 12-014 Tomorrow's Hope
by Thair Pond Located East Side of N. Meridian Road and South of E. Ustick Road
Request: Annexation of 6.99 Acres of Land from RUT and R-1 in Ada County to the R-8
(Medium -Density Residential) Zoning District
MEETING NOTES
r
CLERKS OFFICE FINAL ACTIO
DATE:
E-MAILED T®
STAFF
SENT To
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 41
BOISE IDAHO 02121/13 12:02 PM
DEPUTY Vicky Bailey
RECORDED — REQUEST OF III IIIIIIIIIIII3IIII9IIIIlIIIIIIIII
366
Meridian City
129
PARTIES: 1. City of Meridian
2. Thair Pond, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered in)w
tnis - 4 19 day of Aw
t 2013by and between City of Meridian, a municip
corporation of the State of Idaho,, hereafter called CITY, and Thair Pond whose address is 298
N. Meridian Road, Meridian,, Idaho 83646,, hereinafter called OWNER/DEVELOPER.
1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein after
referred to as the Property;
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the Owners
/ Developers made a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of Ordinance 11-513-3, which authorizes development agreements upon
the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and re -zoning of the Property described in Exhibit A, and has
requested a designation of R-8 (Medium Density Residential District),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS,, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
DEVELOPMENT AGREEMENT — TomoRRowl s HOPE (AZ 12-014) PAGE 1 OF 9
responses of government subdivisions providing services within the City
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the 5th day of February, 2013, has approved
Findings of Fact and Conclusions of Law, set forth in Exhibit "B".
which are attached hereto and by this reference incorporated herein as if
set forth in full, hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at his urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with
the terms and conditions of this development agreement, herein being
established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re -zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on April
1% 2011, Resolution No. 11-784, and the Zoning and Development
Ordinances codified in Meridian Unified Development Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS.- For all purposes of this Agreement the following words,
terms,, and phrases herein contained in this section shall be defined. and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of law
of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT — TomoRRowl s HOPE (AZ 12-014) PAGE 2 OF 9
t.2 OWNERS/DEVELOPERS: means and refers to Thair Pond whos*
address is 2980 1 Road, Meridian, ID 83646.,, the party that is
developing said Property and shall include any subsequent owner and/or
developer(s) of the Property.
3.3 PROPERTY.- means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be re -zoned R-8 (Medium Density Residential
District) attached hereto and by this reference incorporated herein as if
set forth at length.
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
A. The applicant shall be responsible for all costs associated with sewer and water
service installation.
B. The applicant shall generally comply with concept plan attached as Exhibit C. All
future development of the subject property and expansion of existing structures shall
comply with City of Meridian ordinances in effect at the time of development.
C. Within 60 days of the date of the annexation ordinance approval by City Council, the
applicant is required to hook up the existing home on # S 110622263 6 to City water,
per MCC 9-14A.
D. Any future subdivision shall be designed in a manner that any existing structures on
the site comply with the R-8 dimensional standards.
E. The applicant shall dedicate to ACHD the necessary right-of-way (ROW) along N.
Meridian Road. The ultimate ROW width shall be determined by AC D.
F. Except for construction of the nursing care facility and/or additions or alterations to
the existing structures on the property, no building permits shall be issued on this
site until a subdivision has been approved by the City Council.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owner and/or Developer or Owner/Developer's heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of
DEVELOPMENT AGREEMENT — TomoRRowl s HOPE (AZ 12-014) PAGE 3 OF 9
Subject Property" of this agreement within two years of the date this Agreement is effective,
9-nd after the City has complied with the notice and hearing procedures as outlined in Idaho
Code § 67-6509, or any subsequent amendments or recodifications thereof.
7.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of
this Agreement, Owner/Developer shall have thirty (3 0) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default which action must be prosecuted
with diligence and completed within one hundred eighty (1 0) days;
provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period,
then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with
diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured
after notice as described in Section 7.2. Owner/Developer shall be
deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein,
solely against the offending portion of Property and upon City's
compliance with all applicable laws, ordinances and rules, including any
applicable provisions of Idaho Code §§ 67-6509 and 67-6511.
Owner/Developer reserves all rights to contest whether a default has
occurred. This Agreement shall be enforceable in the Fourth Judicial
District Court in Ada County by either City or Owner/Developer, or by
any successor or successors in title or by the assigns of the parties
hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific performance of the covenants, agreements,,
conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any
one or more of the covenants or conditions hereof shall apply solely to
DEVELOPMENT AGREEMENT — TomoRRowl s HOPE (AZ 12-014) PAGE 4 OF 9
the default and defaults waived and shall neither bar any other rights o
remedies of City nor apply to any subsequent default of any such o
other covenants and conditions. I
8. INSPECTION.- Owner/Developer shall, immediately upon completion of
portion or the entirety of said development of the Property as required by this Agreement or b
City ordinance or policy, notify the City Engineer and request the City Engineer's inspection
an
tj
and written approval of such completed improvements or portion thereof in accordance witl
the terms and conditions of this Agreement and all other ordinances of the City that apply t
said Property.
01P. DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developer heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection with
the Property, this Agreement may be terminated by the City upon
compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer cost, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release of
this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law
or in equity to secure the specific performance of the covenants, agreements!, conditions, and
obligations contained herein.
12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured
material breach of this Agreement, the parties agree that City and
DEVELOPMENT AGREEMENT — TOMORROW s HOPE (AZ 12-014) PAGES OF 9
d-\
ucaner/ Developer shall have thirty (3 0) days after delivery of notice of
said breach to correct the same prior to the non -breaching party's
seeking of any remedy provided for herein; provided, however, that in
the case of any such default which cannot with diligence be cured within
such thirty (3 0) day period, if the defaulting party shall commence to
cure the same within such thirty (3 0) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as may be
reasonably necessary to complete the curing of the same with diligence
and continuity.
12.2 In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City are delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE- The City may also require surety bonds,
irrevocable letters of credit cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY-. The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owners/ Developers have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES:- That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de -
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES.- Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
RM
City Clerk
City of Meridian
33 E. Broadway Ave.
Thair Pond
2980 N. Meridian Roa4-
Meridian, ID 83646
DEVELOPMENT AGREEMENT — TOMORROW s HOPE (AZ 12-014) PAGE 6 OF 9
City Attorney
City of Meridian
Broadway Avenue
Meridian,, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES,-, Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorney's fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation
shall be subject to the provisions ions hereof and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon
written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed their obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding,,
either oral or written,, express or implied, between Owner/Developer and City, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless reduced to
DEVELOPMENT AGREEMENT — TomoR.Row's HOPE (AZ 12-014) PAGE 7 OF 9
writing and signed by them or their successors in interest or their assigns, and pursuant, wit
respect to City, to a duly adopted ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
By
Thair Pond
Mayor T4mffiy de Weerd
�iVID A tic
city of
Eft -D az
9 D e
SEJE
TR
DEVELOPMENT AGREEMENT — TomoRROwl s HOPE (AZ 12-014)
. Holman, City Clerk
PAGE 8 OF 9
STATE OF IDAHO,
ss
County of Ada
On this y day of 2013, before me,, the undersigned, a
Notary Public in and for said State, personally appeared Thair Pond known or identified to me
to be the person who executed the agreement, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOR, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
STATE OF IDAHO )
: ss
rr
J,
C -4 -
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of Rebv-u-'�.Y 201 3 before me a Notary
Public, personally appeared Tammy de Weerd and JaycL. Holman, know or identified to me
to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument
of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
DEVELOPMENT AGREEMENT — TomoRRowl s HOPE (AZ 12-014) PACE 9 OF 9
THE LAND GROUP, INC.
November 7, 2012
Project No. 112142
Annexation/Re-zone Description
Tomorrow's Hope
6.99 Acres
Page I of 2
A tract of land situated in a portion of Government Lot 4 of Section 6, Township 3 North,, Range 1
East, Boise Meridian, Ada County, Idaho, described as follows:
COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section 6,
which bears North 0"16'16" East a distance of 2,.658.28 feet from a found 5/8 -Inch steel pin which
monuments the West One Quarter Corner of said Section 6, thence following the westerly line of
said Section 6, South 0*16'16"West a distance of 427.80 feet to the POINT OF BEGINNING.
Thence leaving said westerly line, South 99*35"54" East a distance of 589.60 feet;
Thence South 0*16'*16" est a distance of 609.26 feet to a point on the centerline of the
Onweiler Lateral as described by Highgate Subdivision Phase 2 (a subdivision recorded as at
pages 10,514-10,516, Book 90 of Plats, records of Ada County, Idaho);
Thence following said described centerline of the Onweiler Lateral on the following four
courses:
1. South 80026'3C West a distance of 1.30 feet;
2. South 88'06'00" West a distance of 67.45 feet;
3. North 8594VOr West a distance of 72.50 feet;
4. North 67'024'44*1 West a distance of 49.03 feet to a point on the centerline ofthe
Onweiler Lateral as described by Silhouette Subdivision (a subdivision recorded as at
pages 9846-98471, Book 87 of Plats, records of Ada County, Idaho);
Thence following said described centerline of Onweiler Lateral on the following four
courses:
I. N ort 63059'47" est a d ista nce of 120.07 feet;
2. 78-54 feet along a circular curve to the right, said curve having a radius of 500.00 feet, a
central angle of 9'W00', a chord bearing of North 59°29' 7" West, and a chord
distance of 78.46 feet;
3. North 54059"47*" West a distance of 240.06 feet;
4. North 72059"47"1 West a distance of 31.33 feet to the west line of said Section 6;
Thence following the said westerly line of Section 6., North 0*16"16" East a distance of
352.20 feet to the POINT OF BEGINNING.
The above-described tract of land contains 6.99 acres more or less, subject to all existing easements
and rights-of-way. The purpose of this description is for annexation and/or re -zone purposes only
and is not intended to describe or transfer property rights.
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Site Naming &4,7ndycape Architeclure bapireering - 6Qi,7'Ccur5e hrigo tion & Enqinepring -P 6t(lphit Commumcation o5arveying
A62 E. Shore 016ve, Ste, 100, Eagle, Idaahr,) K;Ck,6 208.q39A0141 F 208.9a9.4445 a wwwAhelandgroup1mcom
g-A2012k' I description 1_12142,doc
8
THL LAND GROUP, INC,
Attached hereto is Exhibit "I" and by this reference is made a part hereof.
Prepared By.* THE LAND GROUP, INC,
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-444 5 (FAX)
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Situated in a portion of the Gov't Lot 4 of Section 6,
Township 3 North, Range I East, IBM,.
NW CORNER Ada County, Idaho
SEC11ON 6 2012
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SEGMENT RADIUS LENGTH DELTA CHORD LENGTH CHORD BEARING �
cl 5W -0V X54' OWOO" 7&46' ?9 X41"
0 N72"59"47"W
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ifo LATERAL
.06'
W 1/4 CORNER S80726'34"W
SECTION 6 1,30,
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Silhouette I
67.45'
Subdivision
N67*24'44aW
49.03'4/ �1485*001"W
•72.50'
Highgate
Subdivision Phase 2
ENGINEER/SURVEYOR
PROJECT INFORMATION
ILI)
Tomorrow's Hope
. . . . . . . . . .
Annexation/Re-zone„4� 4i 4
oliol
A
Ada County, Idaho
CITY OF MERIDLAN
FINDINGS OF FACT9 CONCLUSIONS OF LAW
AND
DECISION & ORDER
IDAHO
In the Matter of Annexation and Zoning of 6.99 Acres of land from the RI and RUT Zoning
District in Ada County to the R-8 Zoning District and Conditional Use Permit Approval to Develop
a 16 -unit Nursing Care Facility on 1.9 Acres of Land in a Proposed R-8 Zoning District for
Tomorrows Hope, Located on the East side of N. Meridian Road, South of E. Ustick Road, by I' T.
Pond
Case No(s). AZ -12-014 and CUP -12-020
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 22, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 22,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 22, 2013, incorporated by reference)
I The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice. of its Unified Development Code codified at
Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted Apri 119, 2011, Resolution No. 11 -7 84 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I -5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services 'in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -12-014 and CUP -12-020
That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 22, 2013, 'incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and conditional use permit is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of January 22, 2013,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and commenc
construction of permanent footings or structures on or in the ground. For conditional use permit
that also require platting, the final plat must be signed by the City Engineer within this two (2)
year period. I
Upon written request and filed by the applicant prior to the tennination of the period in accord
with I 1 -5B -6.G. 1, the Director may authorize a single extension of the time to commence the us -s-
not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I l(UDC 11 -5B -6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City within
two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the agreeme
by all parties and/or may be requested to extend the time allowed for the agreement to be signed
and returned to the City if filed prior to the end of the two (2) year approval period (UDC I 1 -5B -
3F). I
TIM Vlflfflll
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a developme
application entitles the Owner to request a regulatory taking analysis. Such request must be i
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the I
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -12-014 and CUP -12-020
-2-
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-652 1, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
171. Attached: StaiT 115111 16
, M11,11,11
CITT OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ- 12-014 and CUP- 12-020
-3-
By action of the City Council at its regular meeting held on the day of
2013.
q
MAYOR TAMMY de WEERD
(TIE BREAKER)
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attomey.
B��. NAI-IZZ7 Dated: 2 - �2 - 3
City ler -j - Of ice
CITY ®F MERIDIAN FINDINGS ®F FACT, CONCLUSIONS ®F LAW AND DECISI®N & ORDER
CASE NO(S). AZ -12-014 and CUP -12-020
17%� �A I
45
45-
SUBJECT: AZ -12-014 and CUP -12-020 – Tomorrow's Hope
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By
WHY" 3,
The applicant, Thair Pond, has applied for annexation and zoning (AZ) of two (2) parcels consisting
of 6.99 acres of land from the RUT and RI zoning district in Ada County to the R-8 (Medium
Density Residential) zoning district. Concurrently, a conditional use pen -nit (CUP) is requested to
4 -
develop a 16 -unit nursing care facility on the northern 1.9 acre parcel.
Staff recommends approval of the proposed development with the conditions of approval listed in
Exhibit B., based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian
a *
Planning & Zoning Commission heard these items on December 20,2012. At the public
hearin, the Commission moved to recommend approval of the- sul1 11CUP e--I-ues-.&
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Tomorrow's Hope -- AZ -12-014 and CLIP -12-020 PAGE 1
C
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -12-
0 14 and CUP- 12-020, as presented in the staff report for the hearing date of January 22, 2013 with the
rollowing modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -12-014
and CUP- 12-020., as presented during the hearing on January 22, 2013, for the following reasons:
(you must state specific reasons for denial and what the applicant could do to obtain your approval in
the future).
Continuance
I move to continue File Numbers AZ- 12-014 and CUP- 12-020 to the hearing -date of (insert continuel
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
A. Site Address/Location: (Parcel #'s S1106222656 and S1106222636)
The site is located on the east side of N. Meridian Road, south of W. Ustick Road, in the NW
of the NW 1/4of Section 63, Township 3 North, Range I East.
B. Owner/Applicant:
hair ®n
2980 N. Meridian ®a
Meridian, ID 83646
C. Representative .-
Matt Adams,, The an Group, Inc.
462 E. Shore Drive, Ste. 100
Eagle, ID 83616
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
A. The subject application is for annexation and a conditional use permit. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter. consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 3, and December 17, 2012 (Commission);
December 31, 2012 andy Januar I 14,2013 JCounc*I
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 2
C. Radius notices mailed to properties within 300 feet on: November 29, 2012 (Commission).;
December 27 2012 (Counc
0
D. Applicant posted notice on site by: December 5, 2012 (Commission); January 9,2013 (Counc
VI. LAND USE
A. Existing Land Use(s): The two properties are held under the same ownership, developed with a
single family home and several outbuildings.
it. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
primarily rural in nature.
1. North: Single-family residential property, zoned R-4
2. East: County properties, zoned R1
3. South: Silhouette Subdivision and Highgate Subdivision, zoned R4.
4. West: County residences, zoned RUT
C. History of Previous Actions: NA
I Mc
b. Location of water: Two connections will be required one from N Meridian Road.
Issues or concerns.- None
E. Physical Features:
1. Canals/Ditches Irrigation: The Creason Lateral transverses the southern boundary.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
The two properties are designated "Medium Density Residential" (MDR) on the Comprehensive Plan
Future Land Use Map. The MDR designation allows smaller lots for residential purposes within city
limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. At this
time residential development is not proposed.
The applicant is proposing to develop a portion (NWC) of the site with a nursing care facility.
Although, the proposed use of the site is not medium density residential as designated on the future
land use map, staff believes the residential nature of the proposed nursing care facility is a form of
residential development and will be compatible with adjacent residential uses. Therefore, staff
believes the proposed use is appropriate use on this site since these types of facilities tend to generate
less traffic and noise than your typical non-residential uses.
The applicant has provided a concept plan that depicts the relationship between the proposed nursing
care facility and future development of the remaining acreage. The intent of the plan is to illustrate
how the proposed nursing care facility may integrate with a future residential development and
provide future connectivity between these two properties and adjacent property to the cast. Further,,
development of the site will be assessed for compliance with the comprehensive plan and the UDC
standards.
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 3
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Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 4
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A. Purpose Statement of Zone: Per UDC I I -2A- 1, the purpose of the residential districts 'is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-2 lists the permitted, accessory, and
conditional uses in the R-8 zoning district. The proposed assisted living facility is classified as a
0
nursing/residential care facility use per UDC I I - I A- 1. A conditional use approval is required in
accord with UDC Table 11-2A-2. Additionally, specific use standards apply to this type of use
(see UDC 11 -4-3 -29).
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC I 1-2A-6 for the requested R-8 zoning district.
D . Landscaping
1. Width of street buffer(s): 25 feet adjacent to N. Meridian Road.
2. Width of buffer(s) between land uses: NA
3. UDC 11 -3B -8C regulates the parking lot standards of the development code.
4. Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greate
that are removed from the site with equal replacement of the total calipers lost on site up to
amount of 100% replacement. No trees are proposed to be removed; however there are
several existing trees on the site that are greater than 4 -inch cal*er that are proposed to be
IP
retained. The trees must be protected during the construction on the site. The applicant
should coordinate with the City Arborist on an appropriate protection plan.
E. Off -Street Parking: UDC Table I l -'3C-6 requires 0.5 vehicle parking spaces per bed. Because
sixteen (16) beds are proposed eight (8) parking stalls are required. Thirteen (13) stalls are
proposed which exceeds this requirement. In addition, UDC 11 -3C -6G requires I bicycle parking
space be provided for every 25 proposed vehicle parking spaces or portion thereof Based on this
requirement, a bicycle rack capable of holding a minimum of I bike is required to be provided on
the site. I
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation (AZ): The applicant has applied to annex and zone two (2) parcels totaling 6.99 acres of
land with an R-8 zoning district. The requested zone is consistent with the MDR land use designation.
The applicant has provided a concept plan that depicts the relationship between the proposed nursing
care facility and future development of the remaining acreage. The intent of the plan is to illustrate
how the proposed nursing care facility may integrate with a future residential development and
provide future connectivity between these two properties and adjacent property to the east.
Since a portion of the property is proposed to develop at this time (northwest comer of the site) and
there are no plans to develop the remaining acreage, staff is of the opinion that a development
agreement (DA) should be required with the annexation of the property. Staff s recommended DA
provisions are provided in Exhibit B.
The legal description submitted with the application (included in Exhibit Q shows the boundaries of
the property proposed to be annexed.
Tomorrow's Hope — AZ- 12-014 and CUP -12-020 PAGE 5
Tomorrow's Hope — AZ- 12-014 and CUP -12-020 PAGE 6
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other natural materials. Future structures must comply with the design standards in accord with UDC
11-36-19 and demonstrate compliance with the guidelines in the Meridian Design Manual.
Specific Use Standards .- Per UDC 11 -4-3 -29, the following standards apply to nursing or residential
care facilities: (staff analysis in italics)
A. General standards:
L If the use results in more than ten (10) persons occupying a dwelling at any one time, the
applicant or owner shall concurrently apply for a change of occupancy as required by the
building code in accord with Title 10 of this code. The applicant is proposing to construct
two (2) new buildingsfor the proposed nursing carefacility. -The applicant shall comply
with the International Building Code requirementsfor this occupancy class.
2. The owner and/or operator of the facility shall secure and maintain a license from the
State of Idaho Department of Health and Welfare, Facility Standards Division. The
recommended conditions require the applicant to comply with this requirement.
B. Additional standards for uses providing care to children and juveniles under the age of
eighteen (18) years: (Not applicable)
1. All outdoor play areas shall be completely enclosed by a minimum six foot (6) non -
scalable fence to secure against exit/entry by small children and to screen abutting
properties. The fencing material shall meet the swimming pool fence requirements of the
building code in accord with Title 10 of this code.
2. Outdoor play equipment over six feet (6) high shall not be located in a front yard or
within any required yard.
3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall
not be used after dusk.
C. Additional standards for uses providing care to patients who suffer from Alzheimer's
disease, dementia or other similar disability that may cause disorientation: A barrier with a
minimum height of six feet (6), along the perimeter of any portion of the site that is
accessible to these patients shall be provided. The fencing material shall meet the swimming
pool fence requirements of the building code in accord with Title 10 of this code. Each
building will have a separatefenced areafor the residents in accord with this standard.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation (PI) systems b*
4
supplied by a year-round source of water. The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. An underground, pressurized irrigation
system is required to be installed in accordance with UDC I 1-3A- 15.
The owner is requesting the use of domestic water to serve in the interim to irrigate the proposed
nursing care facility. The applicant states the use of surface water from Nampa Meridian Irrigation
District is not feasible. The surface delivery on the east edge of the property is on a rotation with 6
other users and cannot provide a 24/7 water delivery. It is not feasible to construct a pond to store
water for this landscape area and is therefore not feasible for gation of the landscape
improvements. The use of the existing domestic well located on the south parcel is not feasible for
use on the north parcel. In the event that one of these parcels was sold, the water source and power
supply for the well would be under the control of a different property owner. The applicant
understands that the use of domestic water for irrigation is not the preferred method but it may be
possible when the remaining property is subdivided and developed the nursing care facility could be
converted and connected to the subdivision PI system and removed from the domestic service.
Tomorrow's Hope — AZ -12-014 and CIDP -12-020 PAGE 7
Design Review IES): The applicant is required to obtain approval of a Design Review applicatio
for the proposed structures and site design. This application may be submitted concurrently with th
CZC application. The applicant must comply with the design standards listed in UDC 11 -3 A- 19 an
the guidelines contained in the Meridian Design Manual.
Staff is supportive of the proposed use on this site and finds it is consistent with the Comprehensive
Plan and applicable sections of the UDC and recommends approval of the application.
M��M$
1. Vicinity/Zoning Map
2, Concept Plan (dated: 11/09/12)
3. Site Plan (dated: 11/27/12)
4. Landscape Plan (dated: 11/27/12)
5. Building Elevations
1. Planning Department
3. Fire Department
4, Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
Legal Description and Exhibit M
W11'. Required Findings from Unified Development Code
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 8
Exhibit A.1 - Vl*cl'nl'ty/Zonl*ng Map
Tomorrows flope — AZ- 12-014 and CUP -12-020 PAGE 8
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Exhibit A.2 — Concept Plan (dated: 11/09/12)
Tomorrow's Hope -AZ-12-014 and CUP-] 2-01-0 PAGE 9
Exhibit A.3 - Site Plan
Tomorrow's Hope — AZ -12014 and CUP- 12-020 PAGE 10
Exhibit AA — Landscape Plan (dated: 11/27/12) (REVISED)
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Tomorrow's Hope — AZ -12014 and CIDP -12-020 PAGE 11
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Tomorrow's Hope -- AZ -12-014 and CIDP -12-020 PAGE 12
® Site Specific Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2A-6.
1.2.2 The applicant shall comply with the Specific Use Standards for nursing/residential care facilities
listed in UDC 11-4-3-29 including the following:
a. The owner and/or operator of the facility shall secure and maintain a license from the state of
Idaho Department of Health and Welfare, Facility Standards Division.
b. A barrier with a minimum height of six feet (6`} shall be constructed along the perimeter of
any portion of the site that is accessible to patients with disabilities that cause dementia. The
fencing material shall meet the swimming pool fence requirements of the building code in
accord with Title 10 of this code.
1.2.3 Development of the site shall substantially comply with the site plan, landscape plan, and
building elevations attached in Exhibit A.
1.2.4 The applicant shall revise the landscape an as follows:
a. The proposed parking areas must be landscaped in accord with UDC 11 -3B -8C.
b. Construct a 25 -foot wide landscape buffer adjacent N. Meridian Road in accord with UDC
11 -3B -7C. Where ACHD is anticipating future widening of the street, the width of the buffer
shall be measured from the ultimate curb location as anticipated by ACHD.
c. There are several existing trees on the site that are gTeater than 4 -inch caliper that are
Tomorrow's Hope — AZ -12014 and CUP- 12-020 PAGE 13
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Tomorrow's Hope — AZ -2-014 and CLAP -12-020 PAGE 14
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2.15 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of building pads is at least 1 -foot above.
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 15
4. Police Department
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. Parks Department
5.1 Coordinate with City Arborist on a tree protection plan.
6. Republic Service Company
6.1 Republic Service has not provided comments on the subject application.
7. Ada County Highway District (DRAFT CONDITIONS)
7.1 Site Speci
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 16
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2 Private sewer or water systems -are prohibited from being located within the ACHD right-
of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
-provide documentation of ADA compliance to District Development Review staff for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writingby the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 17
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 18
M!11111M-�Zll�
WE Page I of 2
WN
THE- LAND GROUP, INC.
November 7..2012
Project No. 112142
Annexation/Re-zone Description
Tomorrow's Hope
6.99 Acres
A tract of land situated In a portion of Government Lot 4 of Section 6, Township 3 North, Range I
East, of Meridian, Ada County.. Idaho.. described as follows:
COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section 6,
which bears North 0*16"16" East a distance of 2,658.28 feet from a found 5/8 -inch steel pin which
monuments the West One Quarter Comer of said Section 6., thence following the westedy line of
said Section 6, South 0'16'16" West a distance of 427.80 feet to the POINT OF BEGINNING.
t
06*"V�—W
The above-described tract of land contains 6.99 acres more or less, subject to all existing easements
and rights-of-way. The purpose of this description Is for annexation and/or re -zone purposes only
and is not intended t® describe ort nser property rights.
AV,
Site Planning eLandTcapeArchitecture *CtvilEngineetin.y &Golf CcuneIrrigation &Engineering v Graphic Commumcation o5arveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83635 6 a P 2 08.939 4041 F 208.939.4445 a www.the1an4U-0—UR!E&C0M
9:\20.12\1.1 2142\adm1n\Ie&a1s\1 1,211016 arinexathrin description 112142.doc
Tomorrow's Hope — AZ -12-014 and CUP -12-020 PAGE 19
MIA, W11111611m,
AM -4 Page 2 of 2
AW4
THE LAND GROUP, INC.
Attached hereto is Exhibit .r and by this reference Is made a part hereof.
462 E. SHORE DRIVE, SUITE 100
EAGLE.. IDAHO 83616
208-939-4041
208-939-4445 (FAX)
►jP 10
V
Nov
MERIDIAN PUBLlC
WORKS DEPT.
.AV
She Planning * Landscape Ard7iteCture ® Cfvil i-nyinceritirf a, 601] Course Irrigation &,krgioeefing a Graphic Communication .9 Surveying
462 F. Shore Drive., Ste. 100, Fag.lp., id, -)ho SaW @ P 208-939.4041. F 208-9$9.4445 a MMw.thelandgroupl[K.com
g:'12012\1121,42\adi-niri\legals\I 121106 annexation desc-ription 112142.doc
Tomorrow's Hope -- AZ- 12-014 and CUP- 12-020 PAGE20
ENGINEER/SURVEYOR
Silhouette
Subdivision
Tj
N6724"44wW
49.03'
Tomorrow's Hope
i 1 51
..........
H
Tomorrow's Hope — AZ -12-014 and CUP -12020 PAGE 21
WE
0'f -W
72.50'
Highgate
SubcIvision Phaw� 2
7 ENM Ill'
Exhibit BI
D. Required Findings from Unified Development Code
1. Annexation Findingi
Upon recommendation from the Commission, the Council shall make a full investigation
0 0 0
and shall, at the public hearing, review the application. In order to grant an annexation
0
and/or rezone, the Council shall make the following flndings,
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Council findsthe proposed annexation to the R-8 zone is consistent with the MDR
future land use designation.
4 TO
A a•
III �Iqi 11111I III III III
1
The Council finds the proposed annexation of this site is in the best interest of the City
based on the information contained in the staff report.
C Conditional Use Permit Finding&-.
The decision making body shall base its determination on the Conditional Use Permit
0
request upon the following.
A. That the site is large enough to accommodate the proposed use and meet all the
0
dimensional and development regulations 'in the district in which the use is located.
The Council finds that the existing site is large enough to accommodate the proposed use
and comply with the dimensional and development regulations of the R-8 zoning district.
The Council finds that if the applicant complies with the conditions of approval in
Exhibit B, development of this site should meet the intent of the UDC.
Staff recommends the Commission and Council rely on Staffs analysis and any oral or
written public testimony provided when determining if this site is large enough to
accommodate the proposed use.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
Tomorrow's Hope -- AZ -12-014 and CUP -12-020 PAGE 22
The Council finds that the Comprehensive Plan Future Land Use Map designation for
this property is Medium Density Residential. The proposed use of the site is a nursing
care facility which is residential in nature. For this reason, the Council finds the proposed
use is consistent with the comprehensive plan and the requirements of the UDC.
C. That the design, construction, operation and maintenance will be compatible with
A
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use Will not adversely change the essential
character of the same area,
The Council find's that, if the Applicant complies with the conditions outlined in this
report, the operation of the proposed nursing care facility should be compatible with
adjacent residential uses and with the existing and intended character of the area. Further,
Council believes that the proposed use will not adversely change the essential character
of the area. The Commission and Council should rely upon any public testimony
provided to determine if the development will be compatible with other uses in the
vicinity.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Council finds that, if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other -oroperty in the area. The
Commission and Council should rely upon any public testimony provided to determine if
the development will adversely affect the other property in the vicinity.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Council finds that the site will be adequately served by the previously mentionet
public facilities and services.
F. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
If approved, the applicaift will be financing any improvements required for development.
The Council finds there will not be excessive additional requirements at public cost and
that the proposed use will not be detrimental to the community's economic welfare.
G. That the proposed use will not involve activities or processes, materials, equipment
and conditionsof operation that Will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare, or odors.
The Council does not anticipate the proposed use will create excessive traffic, noise,
smoke, fumes, glare, or odors or result in activities or processes that will be detrimental
to the general welfare.
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic, or historic feature considered to be of major importance.
The Council finds that there should not be any health, safety or environmental problems
associated with the proposed use that should be brought to their attention. The Council
finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Tomorrow's Hope — AZ -12-014 and CLIP -12-020 PAGE 23
Exhibit C— Concept Plan (dated: 11/09/12)
o
IN
DATE: February 19, 2013 ITEM NUMBERO 6E
0
PROJECT NUMBERO AZ 12-007
ITEM TITLE: Linder Church • Christ
Development Agreement for Approval: AZ 12-007 Linder Church of Christ by Linder
Church of Christ Located 1/2 Mile West of N. Black Cat Road on the South Side of W.
Ustick Road Request® Annexation and Zoning of 21.82 Acres of Land with C -C (17.35
Acres) and R-8 (4.46 Acres) Zoning Districts
MEETING NOTES
IIIIIIII■ 1!1 11 1 111111 IIIIIII;j'i
Al, t
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED T®
STAFF
SENT T®
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 14
BOISE IDAHO 02121113 12:02 PM
DEPUTY Vicky Bailey
RECORDED —REQUEST OF 113 0 1 `3 3 ES 7
Meridian City
a
PARTIES: 1. City of Meridian
2. Linder Church of Christ. Owner/Developer
TIES DEVELOPMENT AGREEMENT (this Agreement), i's made and entered 'into th4
3 " �-
day of
26f� by and between City of Meridian, a mumcipal coirporat* on of the
State of Idaho, liereafter called CITY, and Linder Church of Christ, whose address 'is 1555 N.
Linder Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER.
I . RFCITALS:
1.1 WHEREAS., Owner/Developer is the sole owner, M* law and/or equity� of
certain tract of land in the County of Ada, State 'of Idaho, desefibed in
Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as iff set forth in full, herein after referred to as the
Property- and
9
1.2 W REAS., I.C. § 67-651 IA, Idaho Code, provides that cities may, by
ordinance,, require or pennit as a condition of re -zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 T��ERE AS, City has exercised its statutory authority by the enactment of
Ordinance 11-5B-3, which authorizes development agreements upon the
annexation and/or re -zoning of land; and
L4 WHEREAS, Owner/Developer has submitted an application for
aimexation of the Property described in Exhibit A, and has requested a
designation of C -C (Comm -unity Business District) and R-8 Wedium
Density Residential District), (Municipal Code of the City of Meridian);
51
and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Men'dian Planning & Zoning Commission and before the.
Meridian City Council, as to how the subject Property Vn'll be developed
and what improvements will be made- and
3
IEVELOPMENT AGREEMENT - LmiDER CMJRCH OF CMUST (AZ 12-007) PACE I OF I,'!,
1.7 WHEREAS, City Council, the, 7th day of November, 2012, has approved
the Findings of Fact and Cionclusiolis of Law as set fordi in Exhibit B,
which are affached hereto and by this reference incorporated herein as it se. t
ford, 'in full, hereinafter referred r. (the Findings); and
1.8 WHEREAS, the Findings reqw're the Owner/Developer to enter 'Into a
development agreement before the City Council takes final action on
-annexation and zoning -designation; and
1.9 OWNE R/DEVELOPER deems it to be M' his best interest to be able tt
ID
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at his urgm'g and requests; and
0
NOW, THEREFORE, m consideration of the covenants and conditions set forth
herein, the parties agree as follows:
- That the above recitals are contractual ant
2. INCORPORATION OF RECITALS.
binding and are incorporated herein as if set forth in full.
DEVE LOPMENT AGREEMENT - LmDER CHURCH OF CRUST (AZ 12-007) PAGE 2 OF 12,
3. DE FINITIONS,: For all purposes of this Agreement the following words, tenns,
a
and phrases herein contained in this section shall be def ined andinterpreted as herein provided for,
unless the clear context of the presentation of the same requixes otherwise:
3.1 CITY.* means and refers to the City of Meridian, a party to this Agreement,
0 6 a.
which is a mumcipal Corporation and government subdivision of the state
of Idaho., organized and existing by virtue of law of the State of Idaho,
0 -IV
whose address is 33 East Broadway Avenue, Meriaian, Idaho 83642,
3.2 OWNER/DEA VELOPER: means and refers Linder Church of Christ,
whose address i's 1555 N. Linder Road, the party that owns and is
developing said Property and shall include any subsequent owner(s) or
developer(s) of the Property.
.3 PkOPE- RTY.: mean's and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described i1ft Exhibit A
describing the parcels to be annexed and zo-ned C -C (Community Business
District) and R-8 (Medium Density Residential District) attached hereto
and by this reference incorporated herein as 'if set forth at length.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codiffied at Meridian Unifie!`Di
Code § 11-2B-2.
4.2 No change in the uses specified in this Agreement shall be allowed witho
modification of this Agreement. i
5.1 Owner/Developer shall develop the Property in accordance vAth th*
following special conditions:
1. Access to the site shall be provided via W. Ustick Road and the two (2) local
streets that stub at the east boundary of the site (W. McMurtrey Street & W.
Moonlake Drive),
2. Future development shall comply with the design standards listedin UDC 11 -3A-
19 and the guidelines contained M* the Meran Design Manual.
DEVELOPME NT AGREEMENT - UMER CHURCH OF CHUST (AZ 12-007) PAGE 3 OF 12
DEVELOPMENT AGREEMENT - LmDER CHURCH OF CMST (A- Z 12-007) PAGF- %. I 1
uity has complied with the notice and hearm*g procedures as outlined in Idaho Code § 67-6509, or
any subsequent amendments or recodifications thereof.
7. DIEFAULT/CONSENT TO DR -ANNEXATION AND REVERSAL OF
0
ZONING DESIGNATION.
7.1 Acts of Default. Either party's failm to faithfully comply with all of the
terms and conditions includedin this Agreement shall constitute ddault
under this Agreement.
DEVELOPMENT AGR EEMENT - LMDER CRURCH OF GMST (AZ 12-007) PAGE 5 Or' 12
71.5 Waiver. A waiver by City of any default by Owner/Developer of any one
or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or
remedies of City nor apply to any subsequent default of any such or o-ther
covenants and conditions.
Wax
T
9. DEFAULT.
9.2. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other n'ghts or remedies or uity or
apply to any subsequent breach of any such or other covenants and
conditions.
ZONING,- City shall, following recordation of the duly approved Agreement, enact
11
a valid and binding ordinance zomng the Property as specified here I'll.
IWEVELOPMENT AGREEMENT - LiNDER CHncH or, CIMST (AZ 12-007) PAGE 6 OF 12,
12. REAIEDIES: This Agreement shall be enforceable in any court of competent
0 0 -to
junsaiction by either City or Owner/Developer, or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific p erfortnance of the covenants, agreements, conditions, and obligations
contained herein.
MW WNWfIRTI-Iffiff], ITAiN
]IM
-12.2 In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City i's delayed for causes which are beyond the
reasonable control of the party responsible for such performance, which
shall include, without limitation, acts of civil ctiso Dealelice, strikes or
similar causes, the time for such perfonnance shall be extended by the
amount of time of such delay.
0. SURETY OF PERFORMANCE: The City may also require surety bonds,
W
irrevocable letters of credit, cash deposits, ceitified check or negotiable bonds, as allowed under
Meridian City Code §11-5-C, to insure that installation of the improvements,, which the
Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY; The Owner/Developer agrees that no
Certificates of Occupancy will be issued until r'' improvements are completed, unless the City and
Developer/Owner has entered into an addendum agreement stating when the improvements will be
completed in a pbased developed; and in any event, -no Certificates of Occupancy shall be issued in
?_ny phase in which the improvements have not been installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide
by all ordinances of the City of Meridian and the Property shall be sub ect to de -annexation if the
J
owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of
DEVELOPMENT AGREE ME NT — UNDER 04uRcH oF CMST (AZ 12-007) PAGF, 7 OF 12
Fact and Conclusions of Law, thi's Development Agreement, and the Ordinances of the City of
Meridian.
0
16. NOTICES.& Any notice desired by the parties and/or reqwred by this Agreement
shall be deemed delivered if and when personalty delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
City Clerk
City of Meridian
Broadway Ave.
Meridian, Idaho 83642
City Attorney
City of Meridian
Broadway Avenue
Meridian, ID 83642
Linder Church of Christ
Linder Road
Meridian, Idaho 83642
(6.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section,
19. BINDING UPON SUCCESSORS -,p This Agreement shall be binding upon and
0
inure to the benefit of the parties" respective heirs, successors, assigns and personal representatives,,
0 V Al*#110 rril
inewcong City's corporate authorities and their successors in 0.nice. JL-nis Agreement shall be
111",E VI C-4 LOPME NT AGREE MENT - UNDr, R Qmai or. CIMST (AZ 12-007) PAGE 8 OF 12
20. INVALID PROVISION.- If any provision ofthis Agreement i's held not valid by a
court of comp etent J uti sdiction, such provis i on shall b e deemed to be exci sed from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
a.
9r, Pi
v.
21 .1 No condition goveming the uses and/or condons governing re -zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) "n
accordance with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT.: This Agreement shall be effective on
the date the Meran City Council shall adopt the amendment to the Meridian Zoning Or inance
in conneefion with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREE, MENT - UNDER CffURCH OF CMUST (AZ 12-007) PAGE 9 OF I ��
77
9 1
je�
Mayor T Y de r
! ;,CHMST(AZ 12-007) PAGF, 10 OF 12
STATE OF IDAHO,
SS
County of Ada
On this '3 rJ, day of k-uce, -204-2-, before me, the undersigned, a
Notary Public M" and for said State, personally appeared hit) I a r) -Y-- known or
identified to me to be the person who executed the agreement on behalf of Linder Church of Cbrist,
and acknowledged to me that he executed the same of behalf of said Church.
IN WITNESS WHEREOF, I have hereunto set iny hand and affixed my official
seal the day and yew in this certificate first above written.
STATE OF IDANO,
SS
County of Ada
On this day of Y'c-,k 2WT, before me, a Notary Public,
personaluy appeared Tammy de- eerd md Jaycee L. Ho�nan-, know or identified to me to be the
r y
Mayor and
t
Clerk, respectively, oi�he U of Meridian, who executed the instrument of behalf of
J
* sC*ty, and acknowledged to me th, such City executed the sme.
aid 1
IN WITNES S WHERE0Fjh&.'Je hereunto set my hand and affixed my officiat seai
the day and year in this certificate first above, ften.
VA.
@%Mrr
SAFE AX7F IDAHO,
: ss
WIT M UA Me
On this -,',.'day of , 2012, before me, the undersigned, a
Notary Public in and for said, State, personally appeared known or
identified to me to be the persda.-who executed the agreement on behalf of Linder Church of Christ,
and acknowledged to me that he executed the same of behalf of said Church.
IN WITNESS WHEREOF----1--have hereunto set my hand and affixed my official
seal the day and year in this certificate first above, written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
: ss
/ C1 r- "o L, , , 1,
On this I I day of j —5 2 , before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. HoIman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
y
Y
A
(SEALNo C'
ary Public for Idaho
Residing at:
DEVELOPMENT AGREEMENT - LINDER CHURCH OF CHRIST (AZ 12-007) PAGE 11 OF 12
Commission eXp ire:s: -)a-n c cc t
DEVELOPMENT AGREEMENT — LMER CHURCH OF CHRIST (AZ 12-007) PAGE 12 OF 12
208MM42
616
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and 3 -of Soo n41T-�Mi M*-;'� m
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sat dSeOdn 4,., 0 1
-of said stp'qp wirg South 8901$12.
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Linder Church of Christ — AZ — 12-007
iq� 111��11 !''ill
7w
ED A Aw%
-nj zu13 I T M
E NUM B E R om•F
ruary
ITEM TITLE: 1131'enville Square
Development Agreement for Approval: MDA 12-008 Bienville Square East by Alliance
Management Consultants Located at West of N. Eagle Road and South of E. Ustick
Road Request: Modify the Concept Plan and Certain Provisions Contained in the
Recorded Development Agreement (Instrument # 1074437) Approved for Bienville
Square Subdivision
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED T®
STAFF
SENT T®
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 02(21113 12:02 PM
DEPUTY Vicky BaileyIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
RECORDED—REQUEST OF 113019368
Meridian City
F
04
PARTIES: 1. Citi o f Meridian
2, Center Point Square, LLC Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this.__tZt7'T__ day
2013, (64FIRST ADDENDUM."), by and between City of Meridian,, a
A 41
municipa I corpotafion of the State of Idaho is 33 E. Broadway Avenue,
whose address
Meridian Idaho 83642 and Center Point Square, LLC whose address is, 290 Bobwhi'te Court,
Suite .. ID 83706,, hereinafter called OWNER/DEVELOPER,
�Mll Wor WWI
A. City and FORMER OWNER entered 'Into -that ceitain Developrneiit
Agreement. that -was recorded on a portion of the property 8/20/04 in the real property records of
Ada County as Instruin*ent No. 1.041-07406 (.".DEVELOPMENT AGREEMENT,) and an
Addenduln to Developmlent was recorded .0n 3/29/07 as Instrument No. 107044347.
B -Ir City and OWNER/DEVELOPER now d,esitre to amend, the: Developm I en
Agreement with this Addendum to: Development Agreement, wbi`.ch terms have been approve
by the Meridian City Council in accordance with Idaho Code Section 67-6511.
NOW,, THEREFORE in cons iderati On of the covenants and conditions set f6ith
herein, the parties agree as follows:
W�4 1 111111, !W111wk,1111111
4. 1. Consh uction and deivlopinent qf up. to 54 slefiyts�,im 14 c nonlots a0 1
to 7 cominerci4allqfice lots (to include up to 65, 000 square Qf retail, restaurant and'
office uses in the proposed C -G zone)pertin-ent to AZ 05-05) PP 05-019, PS 05-002
and CUP 05-052 applications.
46 2 The second phase 1"nclu'des the deiWqpin ent of t0.2 single fam.-Ily lots, I ni ulti-
januty and 5 C011710 Onlo ther lots pertinent to PP12-0.13 application.
q�� ��� ,�
L
6.1 Owner/Develop, er shall develop the Pr0perty in accordance with the following
special conditionsi,
Blenville Square East MDA -12-008 Page I
61.12 411.future homes constructed i4)ith the second has of development shall
substanflallv coinl3ly with
the elei)ations shown in Exant
hi bit A. The appli c *
shall obtain design revie'uj approi)al br the. sin -le Amiljj detached homes cis set
forth in UDC 11 -5B -8B,2.
61.13 The 0it)nei-IDeveloper shall construct all remaining street segments of PV*
Bourbon Lane and M Ca"un Court A4;ith the fit#siphale qfdei7elopment,
61.14 The proposed coinnion: 10'rs 01-7 Lot IJ Block Ishall heinstalled i4)iih thet
firs -
phase of develo ment. Said lots niust remain anti be maintained b
the
homeowners association untit development J's proposed for Lot J, Block 1.
With. the dewlopinent of Lot I) Block I an eqUal ainou.nt of open space in-ust be
proWded for the benqfit o the e'nti Ire subdivfision..
2. OVINER/DEVELOPER agrees- to -abide by all ordinances of the City of Meridian that are.
consistent with the: terms of the Development Agreement and this Addendum and the Proj ee t Site
shall be subject to de®amiexation if the DEVELOPER, or their assigns, heirs, or successors shall
not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of
Meridian that are consistent with the terms of the Development Agree nieiit and this Addendum.
If any provisionof this Addendum is held not valid by a court of competent jurisdiction,
such .prow on shall be deemed to be excised froom. this Addendum and the invalidity thereof
shall not. affect any of the .ether provisions contained herein.
4. This Addendum sets forth all promises. inducements.,, agreements, condition, and
understandings betw6en OWNEWDEVELOPER and City relative to the subject matter herein
and there are no promises agreements, conditions or under -standing, either oral. or written,
expressor imp ed between OWNEWDEVELO PE R and City, other than as' are stated herein.
1
Except as herein other 'Ise provided, no. subsequent alteration, amendment!, change or addition to
this Addendum shall be. b nding upon theparties hereto unless. reduced to -writing and signed. by
them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly
adopted ordinance or resolution of City.
a. Except ashereinpro vided,.no c onctilioveminthe uses and/or conditions governing
development of the, subject Project Site herei *n provided I for can be modified or
amended without the approval of the City Council after the City.has conducted public
hearing s) in accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the ti ie of the proposed amendment.
e
5.. This Addendum shall be- effective as, of the date herein above written.
6. Except. asamended by this Addendum, all terms of the Development Agreement shall
remain in full force and effect.
Bienville Square East M.DA-12-008 Page 2
IN WITNESS WHEREOF the -Pailies have herein executed thisagreement and
made. it effective as hereinabove provided.
Center Point Square, LLC
V-zoo
Bylp -- ----P
_N4 0141A1
-EID A
0
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B
C� y :
Mayor i.i& de Weerd a ,,q City of
EP, IDLANt--
S EAS
4V
T It 11
ny-IM,
Holman, City Clerk
Bienville Square East MDA- 12-008 Page 3
STATE OF IDAHO,�
ss
County of Ada
On this day of 3, befor� me, the Undersigned, a Notary
1Y
IPublic in and,, for ed or said State, personafly appear4�u mown
o identl'fied to me to be the ff/Z�,_A1',_1 /0`0 nCenter. Point Square, LLC and
r 1
acknowledged to me that he executed the say vvith authority on behalf of said fronted liability
corporat1*011.
IN WITNEEREOF, I have hereunto set my hand and affixed my of
seal the day and 'ea * 'n this c 'ficate first abo'
, y ear* 1 erti , Ye written.
S -TATE OF IDAHO.
SS
County of Ada
Notary Public for Idaho
Residing at.- A
7 -
My Col-Amss ion. Expires:
I t b r U) 0�_ -r(_/j 2013, before me-, -a Notary Pubhe
On this day of �e 5
personally app,eaed Ta.mmy deid and Jaycee. LHo6aft, know or identiffied to me to be the
A
Mayor and Clerk, respectively, of the City of Meridian who executed A the instrument of behalf of
cu e,
said C'
al ity, and acknowledged to 1-ne that such City executed the same*,
IN WITNES.S WHEREOF,. .1 have. hereunto set my hand and affixed my official
seal the day.an yearl'nthi ertificate fi'st above wr*tten,
and -M, S e r I
Nofafublic for Idaho
Residing at:*. I
Coilimi-S-slon expires:
ja
Bienville Square East MDA -12-008 Page 4
04"
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ill Hill
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-- --- - - ----
---- -------- --- ----------- - --------- --- -- ------------------
DATEs. February 19*% 2U 1 �j ITEM NUMBER:
ITEM TITLE,- 1131'envi'lle Square
Final Order for Approval: FP 13-002 Bienville Square No. 2 by Alliance Management
Consultants Located West of N. Eagle Road and South of E. Ustick Road Request,: Final
Plat Approval of 28 Residential Lots, I Multi -Family Lot and 3 Common Lots on
Approximately 7.89 Acres in an R-15 Zoning District
MEETING NOTES
111111��1'11111piii lism pilialipil I i I iiq
11 .... illoymitl
11 � III I 11�
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT To SENTTO NOTES INITIALS
STAFF AGENCY APPLICANT
0
DATE: February 2013 ITEM NUMBERE 6H
_199 20
First Addendum to the Memorandum of Understanding Between the Julius M. Kleiner
Memorial Park Trust and the City of Meridian
MEETING NOTES
. . . .......
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT TO SENTTO NOTES INITIALS
STAFF AGENCY APPLICANT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE JULIUS M. KLEINER MEMORIAL PARK TRUSI
AND
THE CITY OF MERIDI-1�.
("Agreement") is made and entered into on the day of February, 2013, by and between
The Julius M. Kleiner Memorial Park Trust, UTA, Dated April 5, 2007 ("Trust") and
City of Meridian, Idaho ("City"), to establish a mutual understanding regarding certain detaill
WHEREAS, Trust constructed and donated to City a 60 acre public park on or about
May 11, 2012; an4
WHEREAS, Trust desires to use its own funds to perform additional construction work
and add certain amenities to the park at its discretion (Collectively referred to herein as "work"]
WHEREAS, City and Trust desire to amend the Agreement to establish a mutual
understanding regarding issues related to any future work performed by Trust or its agents and
NOW, THEREFORE, the parties hereby agree as follows:
2. WORK TO BE PERFORMED TO CITY STANDARDS.
All as shall be reviewed by City's representative to assure compatibility with
existing infrastructure. All work shall be performed to City Standards, and Idaho
law requires that all work be performed by licensed Public Works Contractors.
3. OWNERSHIP IN CITY UPON SUBSTANTIAL COMPLETION.
After the work is declared Substantially Complete by Trust, ownership of any
work shall be deemed to have transferred to City. City and Trust shall cooperate
to resolve any punch list or warranty items. City agrees to process any
acknowledgement of donation requested by Trust.
4. INDEMNIFICATION AND INSURANCE.
Trust shall require that its contractor indemnify City and of City harmless from
any loss, liability, claim or action for damages or injury arising out of any work
performed pursuant to this agreement. Contractor's duty to indemnify shall be
limited to claims made or liability incurred up tote time that City accepts the
work. It is further understood and agreed that Trust and its contractor(s) shall not
be considered agents of CITY in any manner or for any purpose whatsoever in
their use and occupancy of the premises for purposes of constructing any
improvements. If any claim, suit or action is filed against City for any loss or
claim described in this paragraph, Trust shall require Contractor to defend and
indemnify City and assume all costs, including attorney's fees, associated with the
defense or resolution thereof.
In addition, Trust shall require that its contractors maintain liability insurance in
which City shall be named as an additional insured in the minimum amount as
specified in the Idaho To Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits of insurance shall not be deemed a limitation oft e covenants to
indemnify and save and hold harmless City. Prior to the start of construction,
Trust shall require that its contractor provide City with a certification of insurance
or other proof of insurance evidencing contractor's compliance with the
requirements of the paragraph and file such proof of insurance with:
City of Meridian
Director, Parks & Recreation Department
33 East Broadway Avenue Meridian Idaho, 83642
Trust shall require contractor to have and maintain during the life of this contract,
the statutory Workers' Compensation Insurance, regardless of any number of
employees or lack thereof, for all those including himself to be engaged in work
on the project under this contract. Proof of insurance must be provided to City
prior tothe start of work.
5. MISCELLANEOUS
The failure or neglect of a party to enforce any remedy available by reason oft e
failure of the other party toobserve or perform a to or condition set forth in this
Agreement shall not constitute a waiver of such to or condition. A waiver by a
party (i) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in
a manner specifically stated inthe waiver.
This Agreement shall be binding upon and inure tote benefit oft e parties and
their respective successors, assigns, heirs, personal representatives, purchasers, or
transferees of any kind.
E111-i'm 1111 ROWS
Emil
IN ESS WHEREOF, the parties do execute this Agreement t e day and year first
above written.
THE JULIUS M. KLEINER MEMORIAL
PARK TRUST, UTA, D APRIL 5. 2007
y:
Michael E. Huter, C® -Trustee
01
Elden E. Gray, Co -Trustee
Tammy d er , Mayor
x
3
1
abruary lu, 2013 1 T E M N"U M B ER ma
Sewer and Water Main Easement for Zebulon Village Subdivision
MEETING
•
liq l�ill�ill� milliqlpi 1111�1•1PJ;111111111 11111 I I
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENTO
APPLICANT
NOTES
INITIALS
Land Development Servlke'o"q
Meridian City Hall, Suite 10
Broadway Avenu
Meridian, Idaho 8364 1
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Me-ridia
located on the site of Zebulon Village Subdivision. This easement will
provide The City of Meridian access to new sewer and water mains.
2. Authorize the Mayor to sign the easement, and the City Clerk to attest.
11. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director 884-5533
Bruce Freckleton, Development Services Manager 489-0362
Steve O"Brien, Development Analyst 11 489-0371
Steve O"Brien, Develop ent Analyst 11
W
Et n, Development Services Managel
® www.meridiancity.org
Fax 208.887.1297
Rev: 01/2013
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 02121/13 12:02 PM
DEPUTY Vicky Bailey
RECORDED—REQUEST OF
Meridian Ci113019369
City
THIS INDENTURE made this "I day of 2013 between The Traditions by Amyx 11, LLP,
the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS. it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this e
Zebulon Village Sanitary Sewer and Water Main Easement -The Traditions by Amyx 11, LLP
THE GRANTORS hereby covenant and agree
t they will not place or allow to be place
/
flowersany permanent structures, trees, brush, or perennial shrubs or
described
-.,a iI'.e•6 S •, this
1 . •.a-m•nn4 which
E ti r t t/ 3 i •'f interfere
x ..•,.. r -a ' -x -i Y.. k 1 t the
-3 �•i /. • easement,
� I£ -i � � �: � for
f•4 •;
• •stated herein.
herebyTHE GRANTORS covenant / 1- agree Grantee / should
lawfulright-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby grante4_
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized ani
possessed of the aforementioned and described tract of land, and that they have a good anii.
• to convey said easement,• • that they will warrant/ • forever defend
the titleand quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
THE TRADITIONS BY AMYX 11, LL?�
a
Todd Amyx,-
STATE OF IDAHO )
ss
County of Ada )
On
Public in and for said State, personally ap�eared Todd Amyx, known or identified to m a]
be a Partner of The Traditions by Amyx 11, LLP, the Limited Liability Partnership th
executed the within instrument, and acknowledged to me that such Limited Liabili
F!,artnership executed the same. M
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
3 r
io
IN
,.
v
k t)i
(SEAL)
�, ��... ��sejA L
NOtARY PUBLIC FORIDAHO
s
%4b Residing at: '60 1 195'e
1 ,
Commission Expires.o
Co 10
Zebulon village Sanitary Sewer and water Main Easement -The Traditions by Amyx II, LLP 2
'F
Tammy de. e rd,, Mayor
D A UC
Ax 4 City
ER TDIANr
'KIDAHO
Attest b ) cee L. Holman, City Clerk Y
Y"y
Approved By City Council On:
. ...........
STATE OF IDAHO
ss.
County of Ada
2013, before me, the undersigned a Notary Public
day of
On this ( i- ebr u nl
in and for said State, personally appeare'd Tammy de Weerd and Jaycee L. Holman, known to me
to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed
the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Zebulon Village Sanitary Sewer and Water Main Easement -The Traditions by Amyx 11, LLP 3
-0
@
planning and engineering communities tot- the fulure
January 3, 2013 EXHIBIT A
Meridian City Sanitary Sewer & Water Easement
Proposed Zebulon Vifflacre Subdivision
5
An easement located in the NE V, of Section 3 )'-), T. 4N., R. I E.1 B.M., Ada County,
Idaho, more particularly described as follows:
CommencinaZ= at the northeast corner of said Section 3 )'2L, from which the North 1/4 corner
of said Section bears South 89054'46" West, 2655.65 -feet; Thence South 89'54'46"
West. 1925.09 feet along the north line of the NE 1/4 to a point- Thence leaven( said north
line South 00")-'I I" West, 950.75 feet to a point on the easterly boundary of Zebulon
Hei(yhts Subdivision No.5, as filed in Book 104 of Plats at Page 14161, records of Ada
County, Idaho, the POINT OF BEGINNING.
Thence North 46'20'07" East, 18421 feet to a point',
Thence South 48°53'03" '03" East, 5.02 feet to a point;
Thence North 46'20'07" East, 82.38 feet to a point;
Thence South 43'.' )9'53" East, 45.00 feet to a point;
Thence South 46'20'07" West, 267.05 feet to a point on the easterly boundary of said
Zebulon HeicyZ:�hts Subdivision No. 5;
Thence along said easterly boundary North 4-')'-')95' )" West., 50.00 feet to the POINT OF
BEGfNNING.
1029 N. Rosario Street, Suite 100, Mer idhin, Idaho 83642 o Ph (208) 938-0980 0 Fax (2708) 938-0941
1 of 1
BASIS OF BEARING
29 1,L4A s 89"54'46" W 2655.65' 29 30
— * — * — — * — —
E. McMIUM ROAD 32 11
.32 1925.09'
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SCALE 1 32=100,
2=100,
DWG.DATE 01/03/13
PROD. NO. 121107
SHEET
1 OF 1
121107—EASE.DWG bleb
MERIDIAN CITY SANITARY
SEWER & WATER EASEMENT
LOCATED IN THE NE 1/4 OF SECTION 32
T.4 -N., RAE., B.M.
MERIDIAN, ADA COUNTY, IDAHO
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fox (208) 938-0941
DATE:
n
•
2013
ITEM NUMBER-:
Approval of Task order 10353A for "Infiltration Evaluation for Waste water Effluent
Management" to Brown and Caldwell for the Not -To -Exceed Amount of $111,305.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
®ATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FR
0 OMS Clint Dolsby, P.E.
Assistant City Engineer
"Wity Council Members,iii.,
Keith Bird
Brad Hoaglun
Charles Rountre,,r
David Zaremba
DATE: January 28, 2013
SUBJECT: TASK ORDER #10353A FOR THE INFILTRATION EVALUATION FOR
WASTEWATER EFFLUENT MANAGEMENT WITH BROWN AND
CALDWELL FOR A NOT TO EXCEED AMOUNT OF $1119305
1. Approve Task Order 10353A with Brown and Caldwell for Infiltration
Evaluation for Wastewater Effluent Management, for a not -to -exceed cost
Of $1111305.
J
Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341
Warren Stewart, PW Engineering Manager 489-0350
John McConnick, Deputy Director of Public Works 489-0372
The wastewater treatment plant Facility Plan and the Recycled Water Master Plan
recommend looking into infiltration of the wastewater effluent as a way of
beneficially disposing of effluent year round. This wastewater effluent
management evaluation will take a comprehensive look at effluent management
options for the wastewater treatment plant and establish a foundation for moving
forward with the appropriate a
effluent mnagement option. Following the
completion of this analysis, if the infiltration option appears viable, the
identification of properties and field work will follow this task order.
Brown and Caldwell will conduct an infiltration evaluation for wastewater
effluent management. This project will include the completion of a business case
evaluation to facilitate the evaluation of infiltration with other effluent
management options followed by an infiltration system cost estimate
C. Consultant Selection
a. Brown and Caldwell was chosen for this
infiltration and other effluent management
also selected as a qualified firm to provid
Water Program Development, Design, Etc.
for services over $25,000.
IV. IMPACT
project due to their expertise in
'tiptions. Brown and Caldwell was
consultant services for Reclaimed
tnd they hold a Master Agreement
This activity aligns with our department's vision of recycling and/or reusin•
eighty percent of the waste stream. Water reclamation is one means of reusin
the waste stream at the Wastewater Treatment Plant. When combined with othe
technologies, such as biosolids management and beneficial reuse, th
department's vision for the year 2030 could be realized.
Consultant Agreement 111 305
Total Cost $1115305
NMI
Professional Services (3500-55000) $150,000
Total Funding $1509000
WM��
0 PRIZ 111
Council's approval will allow this project be completed in fiscal year 2013.
..........
_71
To ® Jaycee L. Holman, City Clerk,
Fromm. Keith Watts, Purchasing Manager
CCMm Jacy Jones, Clint Dolsby
Datem. 2/13/13
Rem. February 19 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on thi;
February 1
• City Council Consent Agenda for Council's consideration.
for Wastewater Effluent Management" to Brown & Caldwell for the Not -To -Exceed
amount •` $111,305.00.. This Task Order is issued in conjunction with the Master
Agreement with Brown and Caldwell dated September 18, 2012.
Recommended Council Action: Approval of Task Order 10353a for the Not -To -
Exceed amount of $111,305.00.
0 Page 1
V i I Ip 11 IF
No
W
MASTER AGREEMENT FOR PROFESSIONAL SERVICE
BETWEEN i
11511
NAM
This Task Order is made this 2nd day of January, 2013 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 (BROWN AND CALIDWELL� hereinafter
referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained
in the Master Agreement (Category 8a) between the above mentioned parties dated
September 18, 2012. The Project Name for this Task Order 10353a is as follows:
INFILTRATION EVALUATION FOR WASTEWATER
EFFLUENT MANAGEMENT
:J `Toll]
The following scope of work outlines Brown and Caldwell's (BC) effort to evaluate infiltration as
a wastewater effluent management option for the City of Meridian. These steps build upon the
initial GIS evaluation (Phase 1 of the example Action Plan, Figure 9 of the 6/20/2012 Technical
Memorandum) recently completed by BC and draws from our successful wastewater effluent
management experiences in Idaho and surrounding states. The steps outlined below further
establish the foundation for moving forward with the appropriate effluent management option
and can be considered key milestones in the example Action Plan. Ultimately, these steps and
subsequent findings will define the Meridian Action Plan, as appropriate, which would be
submitted in the summary Technical Memorandum.
BC will proceed in a systematic process and complete steps 1 through 5 concurrently.
Following completion of these steps, if the infiltration option appears viable, then identification
of investigation properties and field work would occur. Property identification and field work
would occur as a change order to this task order.
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 1 of 6
BROWN AND CALDWELL
Task 1 - Project Management
BC's project manager will coordinate directly with the City as needed to provide updates on
work tasks, schedule, and budget. This task will also cover efforts for all invoicing to the City,
which shall be performed on a monthly basis.
Schedule-, Concurrent with all project phases.
Delli'verables.- Draft and Final (following one round of review by City) Technical Memorandums
summarizing efforts and defining the Infiltration Action Plan, as appropriate, and monthly
invoices
Task 1
® $16,599
Task 2 - Business Case Evaluation
To facilitate the evaluation of infiltration with other effluent management options, BC will
complete a Business Case Evaluation (BCE) process on the four primary wastewater
X_
treatment discharge options being considered by the City of Meridian. The four options to be
considered include:
I 1 11 � I 1 !11!11111
• Continued surface water discharge with seasonal Class A Reuse
• Continued surface water discharge without Class A Reuse
* Do nothing more
BC will complete the BCE evaluation on a step-by-step process as identified in the following
sections. The results of each step will be combined into a BCE Technical Memorandum JM).
Kickoff WorkshoI2 on BCE Process and Levels of Service Refinement. BC will conduct a BCE
process workshop with City staff to clearly identify steps in the process and expected
outcomes.costs for this workshop will not be charged to the City. Prior to the workshop,
BC will develop a summary of the key steps in the BCE process and clearly identify the tasks
remaining to complete each BCE step. As part of this work, BC will complete a preliminary
level of service refinement to better define expectations of rate payers. The levels of service
will serve as the basis for the next step in the BCE, identification of risks and benefits.
Identification of Risks and Benefits, BC will complete a tabulation of the risks and benefits
associated with each alternative for consideration in the BCE process. This work will include
the identification the risks and benefits associated with the four remaining options as well as
the fatal flaws that remain to be addressed prior to an option being viable. Once this is
complete, BC will provide a summary of each risks and benefits to identify which of these can
be realistically quantified. The quantification will be a key component of the BCE process
moving forward. The draft list of risks and benefits will be presented to the City at a meeting for
discussion and finalizing.
Risk and Benefits Quantification. BC will quantify the risks and benefits identified for each
option. This work will include an attempt to monetize the risks and benefits based on planning
level cost estimates (Level 5 estimates) as well as assign percent probability and timing. The
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 2 of 6
BROWN AND CALDWELL
Draft Business Case Evaluation Technical Memorandum for one round of City review
and comment
1 11 11!1111 , I �•W �
Task 3 Infiltration System Cost Estimate
BC will prepare conceptual infiltration design and Class 5 cost estimate and prepare a
Technical Memorandum summarizing information. This effort will include providing al sizing
of the infiltration basins, pipelines, and pump station to support an inal conceptual cost
estimate. A Level 5 Estimate of Probable Construction Cost (cost estimate) associated with the
City of Meridian's WWTP Effluent Infiltration project will be prepared. The costs are those
associated with delivering treated effluent to large scale infiltration basins. The costs provided
are intended to meet a planning level estimate of probable construction costs. Therefore, the
costs estimated herein meet the Class 5 level estimate as defined by the Association for the
Advancement of Cost Engineering International (AACE). Per the AACE, a Class 5 cost
estimate is defined as a concept screening estimate, generally prepared based on very limited
information, and subsequently has a wide accuracy range. Typically, the level of project
definition is from 0 to 2 percent to complete. This Class 5 estimate will use stochastic
estimating methods such as cost curves, capacity factors, and other parametric techniques.
Expected accuracy ranges are from -20 to -50 percent on the low side and +30 to 100 percent
on the high side, depending on technological complexities of the project related to factors such
as elevation differences, flow volumes, existing utilities and any construction issues that could
arise due to site condons, appropriate reference information, and the inclusion of an
..ppropriate contingency determination.
BC is providing a planning level estimate of probable construction cost (capital cost only) with
a low range of -30 percent and a high range of +50 percent.
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 3 of 6
BROWN AND CALDWELL
•
Defiverables: None, results to be incorporated into the BCE process (Task2)
Task 3 Fee: $18,343
Task 4 Regulatory Coordination
BC will initiate stakeholder meetings with regulatory agencies (IDEQ and United States
Environmental Protection Agency (US EPA)). This effort will identify issues and establish the
regulatory path moving forward up to the point where a Reuse Permit pre -application process
would occur. Based on IDEQ Reuse rules, implementing an infiltration system would constitut
a "Major Modification" to the City's Reuse permit requiring the same process as a 64newY5 permi
Thus, BC will engage IDEQ early on in the studies to identify the process for amending the
existing permit and permit conditions. Once site details are determined BC will contact EPA
and present project information to them for their comment.
Deflverables.-- rata in (following ®e r®n of review by City) Technical Memorandum
Task 4 Fee.- $6,280
Task 5 Public Outreach Program
BC will assist with the development of a public outreach process (Public Outreach consultant
to be contracted separately by the City) that presents the risks and benefits for this process to
the public and receives public input on future efforts. BC will assist the technical and regulatory
process of the program and work directly with the Program team for implementing the outreach
process.
Delliverables: Documents on an as -needed basis for supporting program
Tsk 5 Fee $10,221
• The City has a clear understanding of how the wastewater program's levels of
service are aligned with the City's Comprehensive Plan. This will be an important
step in the development and quantification of risks and benefits associated with each
discharge option.
• The City will provide copies of all wastewater facility and reuse system planning
documents for use and consideration in the BCE process.
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 4 of 6
BROWN AND CALDWELL
he following schedule is based on a Notice to Proceed (NTP) from the City by JANUARY
2013 and resulting in Final Design being completed by April 2013. A NTP issued on a different
date will change the schedule accordingly.
The Not -To -Exceed amount to complete all services listed above for this Task Order No.
10353a is one hundred eleven thousand three hundred five dollars ($111,305.00). No
additional services shall be completed nor compensation be paid over the Not -to -Exceed
amount without prior written approval by the City in the form of a Change Order. The hourly
rates for services and direct expenses are per the Master Agreement (by this reference made
a part hereof) and will be the basis for any additions and/or deletions in services rendered.
Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of
Services AND Payment Schedule.
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 5 of 6
BROWN AND CALDWELL
COMPENSATION AND COMPLETION SCHEDULE
Task
Description
Due Date
Compensation
I
Project Management
® Jan 2013 — May 2013
® 16,599
2
2.1
Draft Business Case Evaluation
Final Business Case Evaluation
m May 20, 2013
m February 20, 2013
m 59,862
3
Infiltration System Cost Estimate
m May 29, 2013
s 18,343
4
Regulatory Coordination
m Jan 2013 — May 2013
w 6,280
5
Public Outreach
m May 29, 2013
m 10,221
TASK ORDER TOTAL $111,305.00
The Not -To -Exceed amount to complete all services listed above for this Task Order No.
10353a is one hundred eleven thousand three hundred five dollars ($111,305.00). No
additional services shall be completed nor compensation be paid over the Not -to -Exceed
amount without prior written approval by the City in the form of a Change Order. The hourly
rates for services and direct expenses are per the Master Agreement (by this reference made
a part hereof) and will be the basis for any additions and/or deletions in services rendered.
Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of
Services AND Payment Schedule.
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 5 of 6
BROWN AND CALDWELL
311
Y.
TAMMY de V", MAYOR
Dated:
-07
BY:
'Z4
Dated:
3
Approved by Council:
U m-
cityof I
JAYt-EtL. Hd-M-AN, CITY CLERK ER,1D1AN*,--,
MA
SEAL
Purchasing Approval Dq
Y. --Iz XOT
KEIT TTS, Purc asin Manager
City Project Manager
WJA
EN STEWART, Engineering Manager
Dated:— /Z I i-3
Task Order 10353a INFILTRATION EVALUATION FOR WASTEWATER EFFLUENT MANAGEMENT Page 6 of 6
BROWN AND CALDWELL
IM
DATE: February 112013 ITEM NUMBERE 6K
Community Development Block Grant (CDBG) Sub -Recipient Agreement with Open
Lines, Inc. for Senior Employment Program for a Not -to -Exceed Amount of $12,000.00
1[r11
'a jipiipii�� " giippiqlpqpi I 1''i I, III 1 111 i' I
M. I'l IIII� � I I
CLERKS OFFICE FINAL ACTION
DATE®
E-MAILED T®
STAFF
SENT T®
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
S I
UBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND Open Lm*es, Inc.
FOR PROGRAM YEAR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is entered into this day of 20 by and between the City of
Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Open Lines, Inc.
WHEREAS, City is an entitlement community, and as such has applied for and received funds from th
United States Government under Title I of the Housing and Community Development Act of 1974, Public La
93-383, i.e. Community Development Block Grant ("CDBG") funds; and
WHEREAS, Subrecipient provides business and individual training, which activity complements the
objectives of the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of
CDB G funds fro m Pro gram Year 2 012 (PY 12);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as
follows:
F. SCOPE OF SERVICE
A. Activides. Subreciplent shall use City's PY12 CDBG funds in the amount of twelve thousand dollars
to provide employment training and permanent job placement for low/moderate income
seniors who are residents of Meridian. Subrecipient shall be responsible for administering its PY12
CDBG funds in a manner satisfactory to City and consistent with any and all grant requirements and
re•gulations.
B. National Objective. Subrecipient certifies that the activities carried out City's PY12 CDBG funds
provided by City under this Agreement will meet one or more of the CDBG program's National
Objectives as defmed in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement
shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR §
570.208(a)(2)).
C. Levels of accomplishment.
® Goals. Subrecipient shall undertake activities pursuant to this Agreement t® provide job training and
placement for Meridian Seniors.
® Performance measures. This project will provide employment training and permanent job
placement for low/moderate *income seniors who are residents of Meridian. In addition to the normal
administrative services required as part of this Agreement, Subrecipient agrees to document and
report on each and all of the following outcomes:
a. Household income of each person assisted; and
b. Age, race, and ethnicity of individuals assisted.
D. Performance moniftoring. City will monitor the performance of Subrecipient against goals and
perform ' ance measures as set forth herein. Performance monitoring shall 'include City's review of
Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's
CDBG Administrator to review the completeness and accuracy of records maintained. Substandard
performance as determined by City shall constitute noncompliance with this Agreement. If action to
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 1 ®F 10
correct such substandard performance is not taken by Subrecipient within fourteen days (14) after bem't
notified by City, Agreement suspension or termination procedures will be initiated.
E. Time of performance. Services of Subrecipient shall start on or before February 1, 2013 and end on
December 31, 2013. The term of this Agreement and the provisions herein shall be extended to cover
any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG
assets.
F. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as
required by City, with every draw request. If Progress Reports are delinquent, draw requests will not b
processed until the delinquency is cured. Progress Reports must contain information on outcome -base
measurements as outlined in this .., I
1. . . .........
A. Uniform admi*nistrative requirements. Subrecipient shall comply with applicable uniform
administrative requirements, as described in 24 CFR § 570.506.
1. Budget. Subrecipient agrees that it shall use City's PY12 CDBG •funds in the amount of twelve
thousand dollars ($12,000) to provide employment training and permanent job placement for
low/moderate income seniors who are residents of Meridian. City may require a detailed budget
breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and
content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and
further agrees to: adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
4. Subrecipient Orientation Workshopf f agrees to meet with City's CDBG Program
Administrator prior to submitting the first draw request to City. City will not process draw requests
unless and until Subrecipient attends this meeting.
5. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services
provided. Such data shall *include, but not be limited to: client name, address ' *income level or other
basis for determining eligibility, and description of service provided. Such information shall be
made available for review upon City's request. Subrecipient understands that client information
collected under this Agreement is private and the use or disclosure of such 'information, when not
dff' ectly connected with the administration of City or Subrecipient's responsibilities under this
Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
6. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall *include, but shall not be limited to: making
final payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to City), and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 2 ®F 10
remain 'in effect during any peri® that Subrecipient has contr® over C funds including
program income.
C. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to generate
program income as Subrecipient shall not charge for providing employment training and permanent
job placement for low/moderate income seniors who are residents of Meridian. Any change to the
activities described herein that will generate program income shall require an amendment to this
agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based
upon information submitted by Subrecipient and consistent with any approved budget and City
policy concerning payments. With the exception of certain advances, payments will be made for
eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by City in accordance with advance fund and program income balances
available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available
under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under
this Agreement shall not exceed twelve thousand dollars ($12,000). Drawdowns for the payment of
eligible expenses shall be made against the activity specified, in accordance with performance and as
expenses are incurr ed by Subrecipient. Draw requests shall only be accepted on official City and/or
HUD forms and must be completed in full to be processed. All draw requests are to be submitted
monthly, no later than twenty-one (2 1) days after the end of the month for which reimbursement is
being submitted. Draw requests shall include the following: draw request form; progress report;
beneficiary income eligibility documentation; payroll detail and proof of payment by Subrecipient.
Final draw under this Agreement will be submitted by Subrecipient no later than December 20, 2013
unless otherwise agreed in writing.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement,
Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
6. DUNS number. Subrecipient shall comply with requirements established by the Office of
Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering
System ("DUNS"), the Central Contractor Registration database, and the Federal Funding
Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance
Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)
(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal
PY 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE ®F 1®
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)
(to be codified at 2 CFR part 170).
1. Compliance with policies. Subrecipient shall comply with current Federal and City policies
concerning the purchase of equipment and shall maintain inventory records of all non -expendable
personal property as defined by such policy as may be procured with funds provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of
24 CFR §§ 84.40 to 84.48.
® Travel. Subrecipient shall obtain written approval from City prior to any travel with funds provided
under this Agreement.
F. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this Agreement,
Subrecipient shall maintain all records that are pertinent to the activities to be funded under this
Agreement, including, but not limited to, those requff' ed by the Federal regulations specified in 24
CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
e. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that
Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52.
2. Records disclosure and retention. Except as specifically exempt from disclosure under state or
federal statute, all records related to this agreement and the services provided hereunder are public
records and subject to disclosure to any person upon request. Subreciplent shall retain all records
pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the
termination of all activities funded under this Agreement, defined as the date of the submission of
City's final annual performance and evaluation report to HUD. If, prior to the expiration of the five-
year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the
records cited, such records shall be retained until completion of the actions and resolutions of all
issues, or the expiration of the five-year period, whichever occurs later.
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VII of the Civil Rights Act of 1968 a's amended, Section 104(b) and Section 109 of Title
I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of
1974, the Americans with Disabilities Act of 1990, Executive Order 11063 , the Executive Order 11246
as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602.
B. Nondiscrinu*nation. Subrecipient agrees to comply with the non-discrimination *in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as
revised by Executive Order 13279. The applicable non-discrimiation provisions in Section 109 of the
Housing and Community Development Act are also applicable. Subrecipient will not discriminate
against any employee or applicant for employment or services because of race, color, creed, religion,
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 4 ®F 10
ancestry, national origin, sex, disability or other handicap, marital status or status with regard to public
assistance. Subrecipient will take affirmative action to insure that all employment practices are free
from such discrimination. Such employment practices include but are not limited to the following:
hff' ing, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against
the handicapped in any Federally- assisted program. City shall provide Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the term of this Agreement.
Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's
specifications an Affirmative Action Program 'in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966.
2. Women- and Minori ty- Owned Businesses. Subrecipient shall use its best efforts to afford small
businesses, minority business enterprises, and women's bus m*ess enterprises the maximum
practicable opportunity to participate in the performance of this contract. As used in this contract, th,
terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S. C. 632), and "minority and women's business enterprise" means
a business at least fifty-one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this defmition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. Subrecipient may rely on written representations by businesses regarding their status as
minority and female business enterprises *in lieu of an 'independent investigation.
E. Nocaflons.
Notice to workers. Subrecipient will send to each labor union or representative of workers with -
which it has a collective bargaining agreement or other agreement or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers' representative of
Subrecipient's commitments hereunder, and shall post copies of the notice 'in conspicuous places
available to employees and applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements fo
employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer. I
F. ProhibitedActivity. Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or religious activities;
lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engage in the conduct of political activities in
V
violation of the Hatch Act (Title , Chapter
2. Rehgi*ous activities. Subrecipient agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization *in accordance with the Federal regulations specified in 24 CFR § 570.2000).
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 5 ®F 10
iLabor standards. Subrecipient agrees to comply with all applicable Federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. Subrecipient shall maintain documentation which demonstrates compliance, and such
documentation shall be made available to City for review upon request.
H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR § § 84.42 ant
570.61 Im, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged 'in the award and administration
of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions
or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in
a decision-making process or gain *inside information with regard to such activities, may obtain a
financial interest in any Agreement, or have a financial interest 'in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, either for themselves or those with who they
have bus m*ess or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of City, the Subreciplent, or any designated public
agency.
1. Lobbying. The following certification is a material representation of fact upon Ii was
placed when this transaction was made or entered into. Submission of this certification is a prerequisit*
for making or enterim4 into this transaction imposed by section 1352, title 3 1, U.S.C. Subrecipient
hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempt M*g to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress 'in connection with the
awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing attempting to M'fluence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language be included in the award documents for all sub -
awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all subreciplents shall certif
y and disclose accordingly: "This
certification is a material representation of fact upon which reliance was -placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 6 OF 10
certification shall be subject to a civil penalty of not let less that $ 10,000 and not more than
$ 100,000 for each such failure. 55
A. Notices. All notices required to be given by either of the parties hereto shall be in writ M*g and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
City of Meridian Open Lines, Inc.
Attn: Lori Den Hartog Attn: Becky McKm'stry
C Program Administrator President
3 3 E. Broadway Avenue 815 N. Main Street
Meridian, Idaho 83642 Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of thisparagraph by
giving written notice of such change to the other party in the manner herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds,
including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also
agrees to comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the
recipient's environmental responsibilities described *in 24 CFR 570.604, and (2) Subrecipient does not
assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental or research
work shall provide for the rights of the Federal Government and the recipient in any resulting *invention
in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Sma
Business Firms Under Government Grants Contracts and Cooperative Agreements." I
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of employer/employee between the parties.
Subrecipient shall at all times remain an independent Contractor with respect to the services to be
performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
E. Indenmity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold
harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for
damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient
and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and
participants in its programming, and other costs, including litigation costs and attorneys' fees, arising
out of resulting from, or *in connection with the performance of this Agreement by Subrecipient and/or
Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests,
invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death,
and/or damage and/or destruction to tangible or intangible property.
F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for
all employees involved in the performance of this Agreement.
G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement
assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply
PY12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 7 OF 10
with the bonding and insurance requirements of 24 CFR �� 84.31 and 84.48.
H. Grantor Recognition. Subrecipient shall publically recognize the role of City providing services
under this Agreement. In addition, Subrecipient will *include a reference to the support provided herein
in all publications made possible with funds made available under this Agreement.
1. Amendments. The parties hereto may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a dul
authorized representative of each party, and approved by City's governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release either party from its obligations under this
Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or loca
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to b
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both parties.
J. Ternfination.
r. Notice of termination. Either party may terminate this Agreement by, at least 30 days before th-
effective date of such termination, giving written notice to the other party of such termination an
specifying the effective date thereof I
2. Partial ternu*nation. Partial terminations of the Scope of Service as set forth herein may only be
undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by
Subrecipient under this Agreement shall, at the option of City, become the property of City, and
Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the
Agreement, in whole or 'in part, may occur for convenience.
® Ternlination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or
termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to
comply with any to of this Agreement, which shall include, but shall not be limited to, the
following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become
applicable at any time;
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this
Agreement;
c. Ineffective orimproper use of funds provided under this Agreement; or
d. Submission by the Subreciplent to City reports that are incorrect or incomplete 'in any material
respect.
6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement
and/or any other remedies as provided by law, upon a finding of material noncompliance, City may
declare Subrecipient ineligible for any further participation in City CDBG programming. In the
event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 8 ®F 10
or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in
compliance.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior
written consent of City; provided, however, that claims for money due or to become due to Subrecipie
from City under this Agreement may be assigned to a bank, trust company, or other financial institutio
I
without such approval. Notice of any assignment or transfer shall be furnished promptly to City. I
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual 'in the performance of this Agreement without the prior written consent of City. All
subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any
applicable provisions of the City Purchasing Policy and/or local, state, or federal laws.
2. Moniftoring. Subrecipient shall monitor all subcontractedservices on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all
information and reports required hereunder and will permit access to its books, records and accounts
by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement "in their entirety to
be included in and made a part of any subcontract executed in the performance of this Agreement.
Specifically, without limitation, Subrecipient shall include the provisions of this Agreement
regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically o
by reference, to ensure that such provisions will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with
documentation concerning the selection process.
M. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with these requirements.
N. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
e ffe ct.
Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understand m*gs, oral or written, whether previous to the execution hereof or
contemporaneous herewith.
P. 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.
Q. Approval required. This Agreement shall not become effective or binding until approved by the
respective governing bodies of both City and Subrecipient.
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 9 OF 10
11- WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT.-
0p6n',Lines, Inc.
k
By: Becky MCK 'mstry
CITY6-
City of Meridian
/-de Weerd, Mayor
lm�
ss:
7'r
County of J
I HEREday of BY CERTIFY that on this -J"
before the undersigned, a Notary Public in the State of Idaho, personally
appeared Becky McKinstry, proven to me to be the person who executed the
said instrument, and acknowledged to me that such person executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
Notary Public for".1daho
Residing at Idaho
My Commission Expires:
0 N -SU A, UGt,s'
1 -
city of yce
E- I VIIAI\T*--,
DDAHO
SEAL
I h TRS t}
olman, City Clerk
Py 12 SUBRECIPIENT AGREEMENT - OPEN LINES, INC. PAGE 10 ®F 10
M
DATE.s. February 19, 2013 ITEM NUMBERE ---6L
Resolution iso® Proposed # 18-908® Authorizing the City Clerk to Destroy Certain Semi -
Permanent Records of the Meridian Police Department and the Information
Technology Department
MEETING NOTES
CLERKS OFFICE FINAL ACTION
III 111111111 117 �IilliI�
DATE:
E-MAILED T®
STAFF
SENT T®
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-
PERMANENT RECORDS OF THE MERIDIAN POLICE DEPARTMENT AND THE
INFORMATION TECHNOLOGY DEPARTMENT; AND PROVIDING AN EFFECTIVE
DATE,
WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section
50-907(4) to, by resolution, destroy semi-permanent records, upon the advice of the City Attorney,
and with such disposition to be under the direction and supervision of the City Clerk; and
01
WHEREAS, the City Clerk has identified certain semi-permanent records that may be
destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of
such records has expired;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of
the following semi-permanent records of the Police Department:
POLICE YEAR(S) DESCRIPTION
1. Semi-permanent
Activity Reports
1993-2004
Includes daily, weekly, monthly or other
E-mails dated up to and
All e-mail messages, sent or received by
reports documenting the activities of
including December 31,
City staff using Outlook software, that
employees, including: type of activity,
2007
are stored in Outlook or the City's e-mail
employees involved, time spent on
archiving system. (E-mail messages may
activity, work completed, equipment
be preserved elsewhere in digital or
used, etc.
Section 2. That the City Clerk is hereby authorized to direct and supervise the destruction of
the following semi-permanent records of the Information Technology Department:
INFORMATION
TECHNOLOGY
DEPARTMENT
YEAR(S)
DESCRIPTION
1. Semi-permanent
Outlook e-mail messages —
E-mails dated up to and
All e-mail messages, sent or received by
general; City staff
including December 31,
City staff using Outlook software, that
2007
are stored in Outlook or the City's e-mail
archiving system. (E-mail messages may
be preserved elsewhere in digital or
paper format for longer periods of time
as the subject matter of such messages
may require.)
RESOLUTION AUTHORIZING DESTRUCTION OF POLICE AND INFORMATION TECHNOLOGY DEPARTMENT
RECORDS PAGE 1 OF 2
® 3. That the City Clerk is authorized to take all necessary steps to destroy the records
as provided by this Resolution.
® 4. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of February,
2013.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of February, 2013.
�17
Mayor Tam,6/de Weerd
0
ATTEST,
'T
By:
S A, L
Jaycee
aycee/ Holman, City Clerk ERTDIAN*,--
0
V5
SEAL
e T R 1E,
RESOLUTION AUTHORIZING DESTRUCTION OF POLICE AND INFORMATION TECHNOLOGY DEPARTMENT
RECORDS PAGE 2 OF 2
DATE.u.
Februa�y zui A j ITEM NUMBER,
Items Moved From Consent Agenda
NOTESMEETING
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0
DA TEwm Februa 9� 2013 ITEM NUMBE-RE 8A I
Public Comment on Proposed City Council Resolution to Seek a Ballot Measure to
Expand the Number of Elected City Council Seats form the Current Four (4) Seats to a
Total of Six (6) Council Seats
. .... .. .. ..
MEETING NOTES
F in
1:
41
111,1111in lit]
................
CLERKS OFFICE FINAL ACTION
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• BALLOT MEASURE TO EXPAND THE NUMBER OF ELECTED SEATS TO THE
CITY COUNCIL FROM FOUR (4) TO SIX (6) SEATS
As part of the City's effort to involve the public in the process, the City Council will hear public
comment on a proposed City Council Resolution to seek a ballot measure to expand the number
of elected City Council seats form the current four (4) seats to a total of six (6) Council seats. A
copy of the proposed resolution may be viewed online on the City's website,
http://www.meridiancity.org, or requested from the Meridian City Clerk via e-mail at
clerk@meridiancity.org or via phone at 208-888-4433. Public comment on the proposed
resolution will be heard at the City Council meeting held at 7:00 p.m. on February 19, 2013, in
the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho
83642. Written comments may be submitted by mail to the Meridian City Clerks Office, 33 East
Broadway Avenue, Meridian, Idaho 83642 or you may e-mail your comments to
clerk@meridiancity.org. Your e-mailed comments must have your name and a contact phone
number included in the e-mail in order for your comments to be included in the public record.
All written comments must be received by the City Clerk by 5:00 p.m. on February 19, 2013 in
order to be considered. You may also appear at the February 19, 2013 City Council Meeting to
submit your comments in person.
Publish: February 11, 2013 and February 18, 2013.
IT,�������
February 19, 2013
Dear Mayor de\Neerd,, C/TY
CITY CLERKS
| would like tolend myvoice ofsupport tothose supporting the expansion ofthe City Cound�
Council
members. As the City of Meridian grows it is important that all areas of the City feel like they are
represented onthe City Council. Along with the expansion ofthe City Council | would also encourage
the City 10consider electing City Council Members byzones ordistricts with both geographic and
population numbers used bzestablish the zones ordistricts. Having all City Council Members living in
the northern part ofthe City like isn'tinthe best interest ofall citizens.
CITY COUNCIL
0 rim
c"'W"17 07-i Mi
DATE February 19, 2013 ITEM # 8A
mml�
�22W!��N&T"Nm
Februa�y 19, 2013 ITEM NUMBER. oB
Resolution No. Proposed # 13-909® Resolution to Seek a Ballot Measure to Expand the
Number of Elected City Council Seats form the Current Four (4) Seats to a Total of Six
(6) Council Seats
MEETING NOTES
��,111111viojfi piplipliqlP W
CLERKS OFFICE FINAL ACUON
DATE:
E—MAILED T®
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AGENCY
SENT T®
APPLICANT
NOTES
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0M11 41^1 "
CITY OF MERIDIAN RESOLUTION NO,
A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO SEEK A BALLOT'
MEASURE TO EXPAND THE NUMBER OF ELECTED SEATS TO THE CITY
COUNCIL FROM FOUR (4) TO SIX (6) SEATS IN THE NEXT CITY GENERAL
ELECTION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian has four (4) elected City Council members that are
currently elected to designated seats; and
WHEREAS, the Idaho Code allows for the expansion of elected City Council seats from
four (4) to six (6) upon the adoption of a resolution of the current City Council or citizen's
initiative; and
WHEREAS, the City of Meridian has had four (4) Village or City Council members
since the incorporation of the City of the City of Meridian in 1903; and
WHEREAS, the City of Meridian has grown significantly in that period of time both
geographically and by population; and
WHEREAS, after due consideration by the current City Council and after the
opportunity for citizen input has been provided; and
WHEREAS, the opportunity of expanding the ability for participation in our elected
government in the City of Meridian is valuable and important;
Section 1. That at the next available election date within Ada County the City shall have
a ballot measure to allow the citizens within the City limits of the City of Meridian to determine
if the elected City Council seats shall be expanded from four (4) to (6) seats ;and
Section 2. That this Resolution shall be in full force and effect immediately upon its
PAGE 1 OF 2
ay®r Tie y de Weerd
PAGE 2 OF 2
E
DATE.m February 1c,,..), 2013 ITEM NUMBERE 8J
ITEM TITLE: Sign Code Text Amendment
Continued from January 22, 2013: Public Hearing-, ZOA 12-003 Sign Code Text
Amendment by City of Meridian Community Development Planning Division Request-,
Amend Sections of the City's Current Standards for Signs
MEETING NOTES
liq
JIM,
WA I M
1`11111111111119011 111111
�/(� �LIJ�f 1/ 0 °/
CLERKS OFFICE FINAL ACTION
DATE:
&MAILED TO
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SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
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PLEASE PRINT NAME::::
::] FOR
AGAINST
NEUTRAL
5W
0
DATE: Februa�y 19, 2013 ITEM NUMBERE 8u'0'% IN
ITEM TITLE: SouthridgVii,
Continued from January 15., 2013: MDA 12-009 Southridge by The Land Group
Located South of W. Overland Road Between S. Ten Mile Road and S. Linder Road
Request.-- Public Hearing: Modification to the Development Agreement
MEETING NOTES
74111
Ir tTlll Uo
Zllffn- 1111"qua "I, r rt I tq —V
CLERKS OFFICE FINAL ACTION
DATE:
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AGENCY
SENT T®
APPLICANT
NOTES
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ffl�16 � - ��f] 11111�111
W1
I)AIT: Februa�y 19, 2013 ITEM NUMBERO 8D I
Is
ITEM TITLE, Paramount Subdivision
FP 13-004 Paramount Subdivision No. 22 by Brighton Development, Inc. Located East
of N. Fox Run and North of W. Gable Street Request: Final Plat Consisting of 38 Single -
Family Residential Building Lots and 5 Common/Other Lots on 14 Acres of Land in an R-
8 Zoning District
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
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SENT TO
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NOTES
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Februaa
ry 9, 2013 ITEM NUMBERm 8E I
PROJECT N Ua. ,x r . cmc ... xm TEC 13-001
TITLE:
Public Hearing® TEC 13-001 Baraya by Dyver Development, LLC Located South Side of
W. Franklin Road, Between N. Black Cat Road and N. Ten Mile Road Request-, Two (2)
Year Time Extension to Obtain the City Engineer's Signature on the Final Plat for Baraya
Subdivision
MEETING NOTES
1:91111111 11a =�tt' ! � =0,1 pne"A
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT TO SENTTO NOTES INITIALS
STAFF AGENCY APPLICANT
iqjiiii��!11 rR 11.r7i!
Wft A mum "' F
UA IE,,,,m FebruaD( P19", 2013 IT EM NUMBER no do
!TEM TITLE: Cavanaug!17
Public Hearing.- CP 'AM 12-005 Cavanaugh by W.H. Moore Company Located
Southeast Corner of S. Meridian Road and E. Victory Road Request: Amendment to
the Comprehensive Plan to Change the Future Land Use Map Designation on 32 +/-
Acres of Land from Mixed Use Neighborhood with a Neighborhood Center Overlay to
Medium Density Residential; and From Medium Density Residential to Medium High
Density Residential
q I q q
��1111 W
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7 Mrlrl
=W -f
0
DATE.w. Februa�y 19, 2013 ITEM NUMBERO 8G"' 10
ITE1h TITLE: Larkspur West
Public Hearing: CPAM 12-006 Larkspur West by Sawtooth Land Surveying, LLC Located
105 E. Edmonds Court Request: Amendment to the Comprehensive Plan to Change
the Future Land Use Map Designation on 4.51 Acres of Land from Low Density
Residential to Office (1.01 Acres) and Medium Density Residential (3.50 Acres)
MEETING NOTES
. . .. . .. .
�-,ommunity Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACVON
DATE: E-MAILED T® SENT T® SENT T® NOTES INITIALS
STAFF AGENCY APPLICANT
M
'Um"'ATE: February- 2013 ITEM NUMBERE 8H
!OOROJECT NUMBER: PP 12-01-1
ITEM TITLE: Fall Creek Subdivision
Public Hearing: PP 12-016 Fall Creek Subdivision by Coleman Homes, LLC Located
South of W. Overland Road on the East Side of S. Linder Road Request: Preliminary Plat
Consisting of 297 Building Lots and 30 Common / Other Lots on 111.26 Acres of Land in
an R-8 Zoning District
•
. . . . . . . . .
q I ii'Mi�ill�ill�ir 01 1, 1
liq PON[ i
1-1 ... wi d rill F I
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IN
DATE Februa�y 1_9, 2013 ITEM NUMBERN 81 1
at
ITEM TITLE. Southwest Corner Gateway Marketplace
Public Hearing: VAC 13-001 Southeast Corner Gateway Marketplace No. 2 by The
Land Group, Inc. Located Southeast Corner of E. Ustick Road and N. Eagle Road
Request: Vacate a Portion of the Public Domestic Water Easement Platted on Lot 4,
Block 1 Southeast Corner Marketplace Subdivision No. 2 (File #FP 07-020)
CLERKS OFFICE FINAL ACTION
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DATEs. Februalry, 19, 2013 ITEM NUMBER: 9A I
Mayor's office® Resolution No® Proposed # 13-910: A Resolution reappointing Leslie
Mauldin to Seat 5 and Meg Glasgow to Seat 6 of the Meridian Arts Commission
voll =v iiii I
CLERKS OFFICE FINAL ACTION
e%
DATE: E-MAILED TO SENT TO SENTTO NOTES INITIALS
STAFF AGENCY APPLICANT
CITY OF MERIDIAN RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN REAPPOINTING MARY JENSEN TO SEAT 2 OF THE MERIDIAN ARTS
COMMISSION; REAPPOINTING DWIGHT WILLIAMS TO SEAT 3 OF THE MERIDIAN
ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 24, 2009 by Resolution no. 09-652, Mayor De Weerd designate,
Mary Jensen to fill Seat 2, the inal term of it to be three years per the Commission Bylaws,
i.e. from February 27, 2009 through February 26, 2012) -
WHEREAS, on February 24, 2009 by Resolution no. 09-652, Mayor De Weerd designate•
Dwight Williams to fill Seat 3, the initial term of which was to be three years per the Commissioll
Bylaws, i.e. from February 27, 2009 through February 26, 2012;
® 1. That, effective February 27, 2012, Mary Jensen shall be reappointed to Seat 2 of the
Meridian Arts Commission, which term shall run from February 27, 2012 through February 26, 2015,
pursuant to Meridian City Code Section 2-5-3 (C).
Section 2. That, effective February 27, 2012, Dwight Williams shall be reappointed to Seat 3
of the Meridian Arts Commission, which term shall run from February 27, 2012 through February 26,
2015, pursuant to Meridian City Code Section
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption
and approval. 4ft-
ADOPTED by the City Council of the City of Meridian, Idaho, this kq day of February,
0� 44r -
APPROVED by the Mayor of the City of Meridian, ah®, this \ day of February, 2013.
RESOLUTION REAPPOINTING GLASGOW AND MAULDIN TO MERIDIAN ARTS CommissioN PAGE 1 OF 2
Ja ce olman, City Clerk
RESOLUTION REAPPOINTING GLASGOW AND MAULDIN TO MERIDIAN ARTS COMMISSION PAGE 2 OF 2
UA = I E: February 19, 2013 ITEM NUMBER:
Mayor's Office: Resolution No® Proposed # 13-911® Appointing Macy Miller to Seat I of
the Planning & Zoning Commission
MEETING NOTES
. . . . . . . . . . . . . .
IElip 1!11!l�il I
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SENTTO
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NOTES
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CITY OF MERIDIAN RESOLUTION NO, 3 C)
BY THE CITY COUNCIL. BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CIT
OF MERIDIAN, APPOINTING MACY MILLER TO SEAT I OF THE MERIDIA1-
[�'LANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE, .
WHEREAS, the Meridian City Code Title 2, Chapter 4 established the Meridian
Planning and Zoning Commission, its members and terms of their appointments; and
WHEREAS, the City Council of the City of Meridian deems the appointment of Macy
Miller to Seat I of the Planning & Zoning Commission to be in the best interest of the Meridian
Planning and Zoning Commission and of the City of Meridian;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
�K--
, , &I . ..... .... ........... .....
Section 1. That pursuant to Meridian City Code § 2-4-1, Macy Miller is hereby
appointed to Seat 1 of the Meridian Planning and Zoning Commission, for a to to expire
January 31, 2019.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval. 94A—
ADOPTED by the City Council of the City of Meridian, Idaho, this day of February,
2013.
2013.
M
q ql--
APPROVED by the Mayor of the City of Meridian, Idaho, this I day of February,
ze�
my de Weerd
RESOLUTION FOR APPOINTMENT OF MACY MILLER - MERIDIAN PLANNING & ZONING
COMMISSIONER - I
E IDIAN,, Application to be Considered for
City -Appointed or Volunteer Positions
Position Applying for: 0 Parks & Recreation Commission 0 Planning & Zoning Commission
C3 Meridian Arts Commission 0 Historical Preservation Commission 0 Traffic Safety Commission
0 Meridian Transportation as Force 13 Impact Fee Committee C3 Solid Waste Advisory Committee
C3 General Volunteer Position on Special Projects or Events as Needed (appointment not required)
Name: , Macy Miller
Home Address: 1824 W. Dainty Lane
Telephone: (208) 283-4116
E -Mail Address: miil. com
Occupation*- Intern 8mbitect
Are you a resident oft e City of Meridian? 0 Yes C3 No
If not, do you live 'in Meridian's area of impact? M Yes C3 No
Why do you want to become involved?
I would like tahemme mQre involve-d.wilb Meddian because -1 -feel-like it is a agod next s
to gain an understanding of how our citv operates and helashape my home town.
Do YOU participate in any local service clubs or other organizations? M Yes 0 No
If so, please list.- I am The current-president.of Lead rshiD Meddian's 2011-203 class
: reTa i
101-9FEWEROUT911 M., Iff M"'Mr7wMe'lZirso'g.Mne 111TERNMOM"Mr3rans aumo M*E ATM&
What areas of city government are of most interest to you?
m TA. *91M
-1114tr
[URM'l IALF - - wwm1MreUW!W4*47x " --1 1
I--, ............. I ................................. ..............
Have you participated in any level Of Volunteer government service in the past?, 0 Yes M No
If so, please list:
Do you understand the time commitment required to attend meetingZ:Ps and review/research data to make
recommendations? M Yes 13 No
Signature Date
Please return your completed appl ication, resume, and letter of interest to®
City Clerk's Office, City of Meridian, 3_3 F. Broadway Avenue, Meridian, ID 83642
.0
Phone.- (1208) 888-44.33 Fav (208) 888-4218
January 28, 2013 JAN 2 8 2013
DoE
I am happy to have heard from Mr. Scott Freeman regarding a current opening on the Planning
and Zoning Commission. I feel it is a great time for me to get in touch with you about this
position. I have grown up in Meridian, and I currently live in the impact zone. I would really like
to get more involved with the community and feel like I have skills that mesh well with the
Planning and Zoning Commission. I also feel like there are a lot of opportunities for me to learn
,2t the next level and I would really like to get in touch about this.
As you can see by the attached resume, my background is in architecture, I currently hold an
Intern Architect position with Johnson Architects in Meridian as well as working with the United
States Green Building Council. I feel I would bring a valuable perspective to the Planning and
Zoning Commission.
I am excited for the opportunity to meet with you in the near future to discuss any unansweret',
questions. I look forward to hearing back from you.
Sincerely,
Macy Miller, LEED AP BD+C
mizacyCal,amail Xom Address: 1824 W. Dainty Lane
cell: (208) -83-4116 Meridian, ID 83642
Objective: To integrate my skills and passions into a position where I can encourage and promote sustainable design,
support a constructive work environment and advance a positive reputation in order to work towards a
successful future for myself and my community,
Experience:
05/21 /06- Present
Johnson Architects, Intern Architect - Assist in all aspects of running an architecture firm. Put together
advertising materials and Submittals of Qualifications for prospective jobs. Coordinate with clients,
consultants and agencies to produce the highest quality product and service. Produce and maintain
marketing materials including social networking and website information (www.joh nson arch itects.com).
Collaborate and communicate with team members to produce working documents, presentation materials
09/8/11 -Present including 3-D models/studies, PowerPoint presentations and marketing pamphlets.
Leadership Meridian, President - Participate in Leadership Meridian community outreach program an
05101/12- Present assist in planning efforts for the following class. i
United States Green Building Council, Communications Chair - Assist in all communications efforts for
the USGBC Idaho Chapter including a weekly newsletter, community outreach efforts, maintaining the
organizations website and educational outreach efforts.
11/01/116 Present
MinNotives, 111c, Omer/Creator/Designer - Design and build a tiny house project which has been noticed
in such forums as The Huffington Post, TinyR[e]volutions.com and on TinyHouseTalk.com and various other
tiny house forums as well as featured in TINY- A Story About Living Small. Advertise, acquire sponsors and
financial backing and promote ecological smart growth.
08/15/08-12/15/2012
Volunteer, Instructor - Work as a United States Green Building Council - Emerging Professionals (USGBC-
EP) board member to educate graduate students and professionals on the USGBC's LEED v2.2 and v3.0
building rating systems.
05/16/06-08121/07
Integrated Design Lab, Research AssistantlIntem - Produce physical and digital day -light models and
analysis for local architecture and engineering professionals. Work with local architecture firms to set and
suggest goals future structures and current remodels.
Education:
University of Idaho 2004-2007
Masters of Architecture Degree
Deans List 2004-2007 (Presidential Scholarship 2004-2006) Cumulative GPA 3.65
Bol*se State University 2002-2004
Completed second year pre -architecture program
Deans List 2002-2004 (Presidential Scholarship 2002-2004) Cumulative GPA 3.79
Skills:
Outstanding verbal and written communication skills, excellent interpersonal skills.
Microsoft Office: Word, Excel, PowerPoint, Outlook
Adobe CS2 suite, Photoshop, Illustrator, InDesign. Acrobat
Personal: Webpage Design Experience: Wordpress and HTML coding
My interests include all things artistic and outdoors. I am active in multiple volunteer activities such as Big
Brother Big Sister and the national Future Cities Design Competition, I can be found camping and rock
climbing in the summer months and have found myself spending all my spare time building my own version
of a tiny house, entailing 196 square feet which will become my home for the next couple years and function
as a test facility for various 'sustainable' technologies. I am passionate about the environment and
conserving natural resources through conscious effort and sustainable design. I am a hard-working, self -
motivated team player who is direct, concise, enthusiastic and well -organized.
[)MTE: February 19. 2013 ITEM NUMBER.
JI
ITEM TITLE:
Legal and Planning Department Joint Report® Letter from David Turnbull Regarding
the Ten Mile Crossing Development Agreement
MEETING NOTES
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NOTES
INITIALS
IG �H ON
COR"AlION
TO Momy DelVeerd &.Mean City Council
From David Turnbtill
0
Miject Ten Mile Coit Development Agreement
On bebalf of SCS Brighton, LLCI., 1. express appreciation for, the Councll'�s approval of
appli.cations for Ten Mille Crossing, our commercial. Dro ect at the CitV S Southwestern
An executed Devel t,A ent—the final acti"on. in -the entitlements
gateway., opmen gree.m
process s Provided'herew'ith forEouncil conslideration,
We have worked With staff on the specific language of the, -Development Agreement and -
have substantial urreement.. However, one lmgeri.ng concern remains for dis cussion, prier
or
to adoption. Staffs proposed Condth ition 1.1.2.1, 9 bullet, states-., Low-rise buitainLIS
Of
er Inuch *th 11 ersturies 0-1) qf the area is [sic] recoin''in.ended wi opportm *tiesfor tall
buildings, in afew locations.
We have cons silt noted at meetings with staff, and Plannin gr and Zoning Commiss'ion
F -t J'I -we 11 accommodate as muchmulti-story
L
and -City- Council hearingS wnii
that, e will
construction, as is practical In the marketplace.., the retail -natureof this prop.orty dictates
that a substantial portion of the proj.ect will be singlesfor y, construlction. We b a c
ommitted to incorporaternany of the architectural design elements.of theTett M*,*l
t, e
Specif,ic Area Plan (TMSAP) whether the btifiding,..; are one story or more-, 'We believe
that the City Council con.curred with that direction. with the approval of our application
and the fact thatthe Council a -mended. the Coinlvehensive Plan, Future Land Use -Allap-,
� I r ep lacing the Specific Plan's rM I xed-use land use designations wit h:the Comprehensive
Plan's " Cit,'de" general commercial designation. and zoning the property GG.
y_I � W
During our discussi.ons of Development Agreement language staff has stated that the.
tempering word "reconvIn.ende4d, prov*des assurance:,that 2-4 sto rieS" ot a
V.
requirement—just a. guideline fro.m the TMSAP. But we are not comfortable with the
- ffiffi is anguage maybe k nterpreted, or rein terpreted, at solue future date
possl I ity that thi I mi. i
by a different staff or a different City Coun.c.il. Thereforefor absolute clarity, we
propose to pfotect both parties by deletft.Wr that condition. Accordingly, we have lined -
out and in] ti aled -that item i"n the DA.
W Explorcn, Drive, Suite 20 0, ID 83 7,13 208.3 78,4000 1 Fax: 208,"TT,
J_, 6()1
In support of -this request, I have attached the Eminple,Bud.din.g Elev 'io.n. ConcWt,.-y
at
0
gh*eet stibmitted wth theim I inary lat app ic i n om . p y witii the "conceptital
1. prel pid at'o too 1
ele�vafionsy) requ-irementV Please note that only two of the�-proposed structure&ure greater
than.one story, Specifficallyl: Conc,evt elevations 10 T(of.fice bVidding) and.1 5 �(liot, e-1). All
ith fficant
ry mss*ng- and varlaction.
othersdepi cted -are one s.tostnictures w' signi aI
look f-otwArd. to your concurrence,
Respectfully�
David W Turnbull
1.2.(;01. W. Explor(.,w Drive, St_ftc� 200, Bols(.',, 1.0 8"'.7.13 2W.4�378,ij..000 1 Fax, 208.'37.7.89(.32
y
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. A .. ..........` t *..............._... W .. W.............
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y- a ,ti f � Example , i Ten Mile Crossing
Building Elevation 'Annexation and Rezone
3� Concepts Brighton Corporation
x f..: Martian Idaho :..:, <•
7, F Um
2yl,J
ry C,
DATE, Februa 2013 ITEM NUMBERMm 9D
Public Works® Budget Amendment for FY2013 for the Not -to -Exceed Amount of
$90,000.00 for Waterline Extensions
MEETING NOTES
pl -",
•
jj
CLERKS OFFICE FINAL ACUON
DATE: E-MAILED TO SENT TO SENT T® NOTES INITIALS
STAFF AGENCY APPLICANT
Mayor Tammy de Weerd
City Council Members@
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
a
TO10 Mayor Tammy de Weerd
Members of the City Council
FROM& Clint Worthington, Staff Engineer 11
DATE.- February 6, 2013
SUBJECT: BUDGET AMENDMENT FOR FY2013 IN THE AMOUNT OF $909000
FOR WATERLINE EXTENSIONS
1® Approve the FY2013 Budget Amendment for $90,000; and
2. Authorize the Mayor to sign the amendment.
Clint Worthington, Staff Engineer 11 489-0349
Kyle Radek, Assist City Engineer 489-0343
Warren Stewart,, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
t§1111'rel
The Public Works Department programs waterline extension projects yearly
according to distribution system needs. Due to a rapidly changing bidding
atmosphere, the waterline extensions account has insufficient fimds to complete
FY 13 projects. Most of the funding shortfall has resulted from bid prices
coming in above the Engineer's Estimate.
U���
1111, 11111g -j- jrj�
A. Budget amendme form�
Approved for Council Agenda:
Date
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wim)'ATEI: February__19, 2013 ITEM NUMBER; 9EJ
Public Works: Aw'ard of Bid and Approval of Agreement for "Black Cat Road Flush Line
- Construction" to Anderson and Wood, Co. Inc. for the Not -To -Exceed Amount of
MEETING NOTES
. . . .... . .. .
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENTTO
APPLICANT
NOTES
INITIALS
..................
T m
om Jaycee Holman, City Clerk
Fromm. Keith Wafts, Purchasing Manager
CC: Jacy Jones, Stacy Kilchenmann
Date: 2/13/13
Rem. February 19 City Council Department Report
TM feTM w] 5- N WOM,
TOIREVITO =06 0111111i 0
9, GOV,
0 Page 1
®
TOO Keith Watts
FROMO Clint Worthington
Staff Engineer 11
® 2/12/2013
a
SUBJECT. Project Information; Black Cat Road Flush Line - Construction
C I int Worthington, Stffl'�` Engineer II(Proj ect Manageej
Kyle Radek, Asst. City Engineer
Warren Stewart, PW Engineering Manager
Tom Barry, Public Works Director
Mayor Tommy de Weerd
WIMIrv-
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
B Proposed Project I
The Black Cat Road Flush Line will install an automatic pressure relief valve an
e'va
dischargto Five Mile Creek. Th
elve will also operate manually to allow for
periodic system flushing to purge 'iron and manganese from the pressure zone an
maintain water quality.
A. Strateg act:
This project supports the Public Works objectives of providing uninterruptei
water supply and fire suppressi*on, providing ample water supply to owi
customers,, improve water quality, and meeting regulatory requirements.
B. Service/DeliveEy Impact:
This project fimetions 'in tandem With the recently completed Pressure Zone 1
project and allows us to deliver water to customers with reasonable pressures, and
reduce the likelihood of problems caused by excessive pressures such as increased
water loss and greater likelihood of water line breaks.
C. Fiscal ImRacts: -
Proposed Construction Cost (3490-96140)
Available for Funding (3490-96140) $159000.00
BudagA-Amendment (3490-96140) $90.,000.00
Total (3490-96140) $1059000.00
11r� MR! �'vw"'zvuw 111a"i "Ve MIR
A. Contract
Approved for Council Agenda: �/] 3
Warreto
rR4GREEMENT FOR INDEPENDENT CONTRACTOR SERVICES7,
(BLACK CAT ROAD FLUSH LINE - CONSTRUCTION)
PROJECT # 0659e
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this
19th day of February, 2013, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred
to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Anderson & Wood
Construction Co., Inc, hereinafter referred to as "CONTRACTOR", whose business
address is 2120 E Lanark St., Meridian, ID 83642 and whose Public Works Contractor
License#is C -10702-U-1-3-4.
Whereas, the City has a need for services involving BLACK CAT ROAD
"-LUSH LINE - CONSTRUCTION; and
WHEREAS, the Contractor is specially trained, experienced ant
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
1 . Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of
this Agreement and receipt of the City's written notice to proceed, all services
and work, and comply in all respects, as specified in the document titled
"Scope of Work" a copy of which is attached hereto as Attachment "A" and
incorporated herein by this reference, together with any amendments that
may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor under this Agreement, including without limitation
electronic data files, are the property of the Contractor; provided, however,
the City shall have the right to reproduce, publish and use all such work, or
any part thereof, in any manner and for any purposes whatsoever and to
authorize others to do so. If any such work is copyrightable, the Contractor
may copyright the same, except that, as to any work which is copyrighted by
the Contractor, the City reserves a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish and use such work, or any part
thereof, and to authorize others to do so.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 1 of 12
Project 0659e
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. The
Contractor represents and warrants that it will perform its work in accordance
with generally accepted industry standards and practices for the profession
or professions that are used in performance of this Agreement and that are
in effect at the time of performance of this Agreement. Except for that
representation and any representations made or contained in any proposal
submitted by the Contractor and any reports or opinions prepared or issued
as part of the work performed by the Contractor under this Agreement,
Contractor makes no other warranties, either express or implied, as part of
this Agreement.
1.4 Services and work provided by the Contractor at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2.1 The Contractor shall be compensated on a flot-To-Exceed basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not -To -Exceed amount of
$96727.00.
2.2 The Contractor shall provide the City with a monthly statement, as the
work warrants, of fees earned and costs incurred for services provided during
the billing period, which the City will pay within 30 days of receipt of a correct
invoice and approval by the City. The City will not withhold any Federal or
State income taxes or Social Security Tax from any payment made by City to
Contractor under the terms and conditions of this Agreement. Payment of all
taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not
be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement including, but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Contractor
shall not be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 2 of 12
Project 0659e
3.1 This agreement •shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
September 30, 2013 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its proons, City, at City's option, may terminate
this Agreement by gg written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation
set forth in Attachment B of this Agreement on the date due, Contractor, all
the Contractor's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 85 (eighty-
five) calendar days to complete the work as described herein. Milestone
Dates have been established for the following two deliverables. Contractor
shall be liable to the City for any delay beyond the time periods stated in the
amount of $500.00 (five hundred dollars) per calendar day. Such payment
shall be construed to be liquidated damages by the Contractor in lieu of any
claim or damage because of such delay and not be construed as a penalty.
Milestone 1 — March 15, 2013 - All work within the Five Mile Creek and the
Rutledge Drain shall be completed
Milestone 2 — Final Completion - 85 (eighty-five) calendar days
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under
this agreement, engages in fraud, dishonesty, or any other act of misconduct
in the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to CONTRACTOR of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONTRACTOR may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 3 of 12
Project 0659e
Agreement shall, at the option of the CITY, become its property, and
CONTRACTOR shall be entitled to receive just and equitable compensation
for any work satisfactorily complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
any payments to CONTRACTOR for the purposes of set-off until such time
as the exact amount of damages due the CITY from CONTRACTOR is
determined. This provision shall survive the termination of this agreement
and shall not relieve CONTRACTOR of its liability to the CITY for damages.
Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an employee of
CITY. Except as expressly provided in Attachment A, Contractor has no
authority or responsibility to exercise any rights or power vested in the City
and therefore has no authority to bind or incur any obligation on behalf of the
City. The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves as
independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the requirements
and results specified in this Agreement and, except as expressly provided in
this Agreement, shall not be subjected to City's control with respect to the
physical action or activities of Contractor in fulfillment of this Agreement. If in
the performance of this Agreement any third persons are employed by
Contractor, such persons shall be entirely and exclusively under the direction
and supervision and control of the Contractor.
iiiiiiiiii 111pliq ��illillilli 1111111111 11111q 1111111liq i
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from, or
in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct of
CITY or its employees. CONTRACTOR shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 4 of 12
Project 0659e
This budget amendment is being requested to provide the funding needed to
construct the Black Cat Flush Line Project in FYI as planned.
B. Proposed Project
Pressure Zone 1 was created in the summer of 2012 to ensure water delivery to
customers at reasonable pressures. This pressure zone is the lowest pressure
zone the City's water system giving it the potential for excessive pressures due to
pressure surges. To mitigate these excessive pressures, the Black Cat Road
Flush Line will be constructed. This project will provide pressure relief through
an automatic flush valve that will discharge to Five Mile Creek. The valve will
also operate manually to allow for periodic system flushing to purge iron and
manganese from the pressure zone and maintain water quality.
IV. IMPACT
A. Strategic Impact:
This project supports the Public Works objectives of providing uninterrupted
water supply and fire suppression, providing ample water supply to our
customers, improve water quality, and meeting regulatory requirements.
B. Service/Delivery Impact:
This project functions in tandem with the recently completed Pressure Zone 1
project and allows us to deliver water to customers with reasonable pressures,
and reduce the likelihood of problems caused by excessive pressures such as
increased water loss and greater likelihood of water line breaks.
C. Fiscal Impact:
Budget
Existing FYI Waterline Extensions Budget to
complete the following projects: $420,000
• Franklin, Ten Mile to Linder
• Black Cat Flush Line
• Well 24 Flush Line
• Waltman Street Waterline Extension
• ACHD Franklin, Touchmark to Fivemile
• ACHD Ten Mile Road Widening
• Ustick, Leslie to Locust Grove
• ACHD Int Franklin & Black Cat
Budget Amendment for additional funding needed $90,000
• Black Cat Flush Line
Total Funding (FY 13)
Page 2 of 3
$510,000
minimum amounts as follow: General Liability One Million Dollars
($1 000,000) per incident or occurrence, Automobile Liability Insurance One
Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable for
an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, orjudgments for
damages or injury to persons or property and other costs, including litigation
costs and attorneys'fees, arising out of, resulting from , or in connection with
the performance of this Agreement by the Contractor or Contractor's officers,
employs, agents, representatives or subcontractors and resulting in or
attributable to personal injury, death, or damage or destruction to tangible or
intangible property, including use of. CONTRACTOR shall provide CITY with
a Certificate of Insurance, or other proof of insurance evidencing
CONTRACTOR'S compliance with the requirements of this paragraph and
file such proof of insurance with the CITY at least ten (10) days prior to the
date Contractor begins performance of it's obligations under this Agreement.
In the event the insurance minimums are changed, CONTRACTOR shall
immediately submit proof of compliance with the changed limits. Evidence of
all insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond, cash or
letter of credit guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's elected
officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the City or the City's elected officers, officials,
employees and volunteers shall be excess of the Contractor's insurance and
shall not contribute with Contractor's insurance except as to the extent of
City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 5 of 12
Project 0659e
6.6 The limits of insurance described herein shall not limit the liability o?
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects per the ISPWC and the City of Meridian Supplemental
Specifications & Drawings to the ISPWC, which by this reference are made a
part hereof.
8. Warranty: Contractor must warrant the project per the ISPWC and the City
of Meridian Supplemental Specifications is Drawings to the ISPWC, which by
this reference are made a part hereof.
Notices-, Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
CITY CONTRACTOR
City of Meridian Anderson & Wood Construction Co., Inc
Purchasing Manager Attn: Fred Oliver
33 E Broadway Ave 2120 E Lanark St.
Meridian, ID 83642 Meridian, ID 83642
208-888-4433 Phone: 208-888-7917
Email: info@awconst.com
Idaho Public Works License # 10702-U-1-3-4
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
10. Attorney Fees.- Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
12. Assignment.- It is expressly agreed and understood by the parties hereto,
that CONTRACTOR shall not have the right to assign, transfer, hypothecate
or sell any of its rights under this Agreement except upon the prior express
written consent of CITY.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 6 of 12
Project 0659e
13. Discriminatl'on Prohib'Ited: In performing the Work required herei
CONTRACTOR shall not unlawfully discriminate in violation of any federa
state or local law, rule or regulation against any person on the basis of rac
color, religion, sex, national origin or ancestry, age or disability. I
14.1 At such times and in such forms as the CITY may require, there shall
be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
14.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this Agreement
for a minimum of four (4) years from the termination or completion of this or
Agreement. This includes any handwriting, typewriting, printing, photo static,
photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds or symbols or any combination thereof.
15. Audits and Inspections: At any time during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of CONTRACTOR'S records with respect to all
matters covered by this Agreement. CONTRACTOR shall permit the CITY to
audit, examine, and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
16. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
17. Compliance with Laws: In performing the scope of work require#1
hereunder, CONTRACTOR shall comply with all applicable laws, ordinance
and codes of Federal, State, and local governments. I
18. Changes: The CITY may, from time to time, request changes in the Scope
of Work to be performed hereunder. Such changes, including any increase
or decrease in the amount of CONTRACTOR'S compensation, which are
mutually agreed upon by and between the CITY and CONTRACTOR, shall
be incorporated in written amendments which shall be executed with the
same formalities as this Agreement.
19. Construction and Severability- If any part of this Agreement is held to be
0
invalid or unenforceable, such holding will not affect the validity or
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 7 of 12
Project 0659e
enforceability of any other part of this Agreement so long as the remainder of
the Agreement is reasonably capable of completion.
20. Waiver of Default: Waiver of default by either party to this Agreement shall
not be deemed to be waiver of any subsequent default. Waiver or breach of
any provision of this Agreement shall not be deemed to be a waiver of any
other or subsequent breach, and shall not be construed to be a modification
of the terms of this Agreement unless this Agreement is modified as provided
above.
21. Advice of Attorney: Each party warrants and represents that in executin-t
this Agreement. It has received independent legal advice from its attorney's
or the opportunity to seek such advice.
22. 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.
23. Order of Precedence: The order or precedence shall be the contrac)
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Contractor may be open to
public inspection and copying unless exempt from disclosure. The Contractor
shall clearly designate individual documents as flexemptif on each page of
such documents and shall indicate the basis for such exemption. The CITY
will not accept the marking of an entire document as exempt. In addition, the
CITY will not accept a legend or statement on one (1) page that all, or
substantially all, of the document is exempt from disclosure. The Contractor
shall indemnify and defend the CITY against all liability, claims, damages,
losses, expenses, actions, attorney fees and suits whatsoever for honoring
such a designation or for the Contractor's failure to designate individual
documents as exempt. The Contractor's failure to designate as exempt any
document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by
any such release.
25. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and thd
ordinances of the City of Meridian.
26. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 8 of 12
Project 0659e
..........
Approved by Council:
Atte
JAYCEE E IC
AYC -001-M—AN, CITY CLERK
'E) A
0 -
"Ll DIAN*---
SE,-A---L
Purchasing Approval De p rov al
BY:
'
KEITHWA�tfs', PurchasingManager ' ager WA STEWART Engineering Manager
Dated:: Dated::
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 9 of 12
Project 0659e
i ..
P
InvitationBidby a
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 10 of 12
Project 0659e
A. Total and complete compensation for this Agreement shall not exceed
$96,727.00.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 11 of 12
Project 0659e
1 LE T E
_ _ _ _ TES _ E D -LE
All work with the Five Mile Creek and the
Milestone 1
March 1512013
Rutledge Drain completed
Milestone 2
Final Completion
35 (eighty-five) days
l r.
Contract includes furnishing all labor, materials, equipment, and incidentals as required for
the BLACK CAT ROAD FLUSH LINE - CONSTRUCTION per IFB PW -13-0659e
Bid r c e l ................... $96,727.00
CONTR T T T L .......................
96727. 00
CONTRACT ISA NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR
INVOICE VERIFICATION
AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED
BY CITY.
_._ he=r
Item
Description
Unit
Unit Price
205.4.1.B.1.
DEWATERING
1
LS
750.00
206.4.1.1.3.
HAND PLACED RIPRAP PER DETAILS SHEET 5
32
CY
325.00
307.4.1.E.1.
TYPE C SURFACE RESTORATION
12
SY
24.00
307.4.1.G.1.
TYPE P SURFACE RESTORATION
126
SY
54.00
401.4.1.A.1.a.
8" PVC, AWWA C900, DR18, WATER MAIN
126
LF
53.00
401.4.1.A.1.b.
54" LONG BY 8"0 DUCTILE IRON SPOOL
1
EA
750.00
401.4.1.A.1.c.
120" LONG BY 8"0 DUCTILE IRON SPOOL
1
EA
1,100.00
402.4.1.A.1.
8" GATE VALVE
1
EA
21600.00
601.4.1.A.1.
18" RCP, CLASS IV, FLUSH PIPE
48
LF
87.00
1001.4.2.A.1.
STAGING AREA
1
EA
3,500.00
1003.4.1.G.1.
STRAW WATTLE
613
LF
5.00
2010.4.1.A.1.
MOBILIZATION
1
LS
71000.00
SP -1
REMOVE EXISTING 6" WATER MAIN
42
LF
12.00
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 11 of 12
Project 0659e
SP
18"0 3/8" THICK STEEL CASING PER DETAILS
-2
SHEET
15
LF
388-00
SP -3
REMOVE AND REPLACE EXISTING 241) CMP
IRRIGATION PIPE
1
EA
700.00
SP -4
REMOVE AND REPLACEEXISTING SIDEWALK
112
LF
16.00
SP -5
PRESSURE RELIEF VAULT PER DETAILS
1
EA
SHEET
287700.00
SP -6
FLUSH LINE MANHOLE PER DETAILS SHEET 5
1
EA
91100.00
SP -7
REMOVE AND REPLACE LANDSCAPING
1
LS
750.00
SP -8
BY-PASS PIPE AND COFFER DAM PER
1
LS
DETAILS SHEET 5
750-00
SP -9
TRAFFIC CONTROL
1
LS
11500.00
Travel expenses, if applicable, will be • at no more than the City of Meridian's
Travel
• Expense Reimbursement Policy.
BLACK CAT ROAD FLUSH LINE - CONSTRUCTION page 12 of 12
Project 0659e
[JAI t. Februa�y 19, 2013 ITEM NUMBERm 9F
Community Development: Meridian Interchange Design Elements - Review Design,
Theme, and Elements for the New Meridian Interchange
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
EMAILED T®
STAFF
SENT T®
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
Mayor Tammy de Weerd
City Council Members:
Keith Bird
CjfE DIAN Brad Hoaglun
Charles Rountree
David Zaremba
�j 111,
101041i 1111,11111
TO: Mayor Tammy de Weerd
City Council Members
CC: . City Clerk
FROM: Caleb Hood, Planning Manager
Brian McClure, Associate City Planner
Tim Curns, Transportation and Utility Coordinator
RE: Meridian Interchange Design Elements
February 19, 2013 City Council Agenda Item
Staff has been working with the Meridian Interchange Task Force, Connecting Idaho Partners,
the Meridian Arts Commission, and Parametrix, the bridge design consultant, on the design of
the new Meridian Interchange (IC). Design of the IC should be complete this fall, so ITD has
requested we send them our preferred IC concept by late February or early March. Staff would
like to review the developed IC concept for approval with Council, so that the design
consultant is able to continue moving forward. A handout showing the developed/proposed
concept plan will be provided during the City Council meeting.
Proposed Meridian Interchange Theme:
Regional interchanges and overpasses on the 1-84 corridor generally serve a purely function
service — they facilitate automobile traffic. Some designs include special paving, upgraded
fencing barriers, or unique textures in the concrete walls, but they fail to represent the
communities they serve. Typically, there is only a cursory attempt in their construction to
provide an aesthetic which communicates a message or encourages economic development
through outward expression of pride and innovation.
The proposed Meridian Interchange concept represents an effort to create a comprehensive
thematic that reflects Idaho, the region, and Meridian through design enhancements that address
open space, the bridge structure, and landscaping 'improvements. The goal of this design effort is
to provide the Idaho Department of Transportation with a concept that addresses all aspects of
the interchange.
Community Development Department lo 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 m FaX 208-888-6854 is www.meridiancity.org
Other attempts to improve or upgrade new interchanges in the region have held lofty goals of
relmagining the status -quo, but have generally been overreaching and left unrealized. Falling into
this status -quo could for example be the expenditure of funds to improve fagade elements of the
bridge, and leave the large open areas surrounding areas looking like purely engineered drainage
ditches and retention ponds. Staff feels that functional needs of the interchange, such as these
stormwater management areas, can be accomplished with more thoughtful design considerations
that better reflect ITD's commitment to quality and innovation, and ultimately to their dedication
to the people of Idaho. This approach seeks to modestly improve the interchange, but do so by
ensuring that all elements of the project receive some improvement, not just focused efforts on
isolated components. Some components may have to be phased, and additional upgrades to this
design may be added, depending upon the contributions of ITD, the City, and other community
agencies and partners.
The overall aesthetic for this particular concept is a token to the region, and more specifically to
the Snake River Birds of Prey area. Rusty brown and worn grey basalt cliffs are intended to be
reflected in the coloring and textures of the bridge, with landscaping of open space that hints
towards the natural gulley's, outcroppings, and open spaces adjoining the Snake River. On top of
the bridge deck, the design and intent is to integrate paving, landscaping, and other
improvements which continue the themes established with construction of split corridor phase I
and other downtown improvements, into the most prominent and heavily used entry point to the
City's downtown. The final design of the bridge and funding partnerships will ultimately
determine opportunities, but it is hoped that additional elements may be integrated into the
bridge, community involvement dependent, such as enhanced -pathway designs, pedestrian
lighting, and public art.
Staff seeks Council endorsement of the prepared concept plan elements, and concurrence
that the plan may be submitted to 1TD and their consultant for more detailed design work,
1
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7
. . . . . . . . . .
now
IJATE: Februa�y 19, 2013 ITEM NUMBER; 91�j
ir,#i a nag
Community Development: Rail with Trail Grant ApplicailEMENNIMB
MEETING NOTES
■pipi � IIIIIIIIIIIIIIII lI I I III lI III a ;q
.0--- N c)
CLERKS OFF10E FINAL ACTION
DATE:
E-MAILED T®
STAFF
SENT T®
AGENCY
SENT T®
APPLICANT
NOTES
INITIALS
Mayor Tammy de Weerd
City Council Members:
Keith Bird
CjfE DIAN Brad Hoaglun
Charles Rountree
David Zaremba
TO: Mayor Tammy de Weerd
City Council Members
CC: . City Clerk
FROM: Caleb Hood, Planning Manager
Tim Curns, Transportation and Utility Coordinator
[IkE: Rail with Trail Grant Application, Round 2
February 19, 2013 City Council Agenda Item
Earlier this fall, the city applied for an $85,000 grant to study the Rail with Trail (RWT) pathway
crossing of arterial streets in 2013. It appears that our grant request to do that arterial crossing
analysis will be successful; the COMPASS Board will officially act during their February 25th
meeting. COMPASS recently released another call for projects using the same funding source,
for the next four years of the program. Our internal RWT "team" decided that going after
additional grant funds to construct the first mile of this pathway would make a good grant
application. Staff would like to explain this potential grant request with Council and gain your
support in applying.
As a refresher, the Transportation Alternatives Program (TAP) is a part of the Federal -aid
Highway Program. Although the program is a "grant" program under Federal regulation, is not
an "up -front" grant program and funds are available only on a reimbursement basis. Only after a
project has been approved by the Idaho Transportation Department (T' ), COMPASS, and the
Federal Highway Administration (FHWA) division office can costs become eligible for
reimbursement. This means project sponsors must incur the cost of the project prior to being
repaid. A minimum 7.34% local match is required.
There is only approximately $450K/year from this funding source. For this second round of the
TAP funds we would like to request $750K to design and construct one mile of the pathway
system. Although the minimum match rate is 7.34%, to be competitive a larger match rate is
essentially needed. Therefore., we will be looking to match the $750K with $250K of local (city)
funds, for a total project cost of $ 1 M and a 25% match. The local match source will be from the
Community Development Department m 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 m FaX 208-888-6854 m www.meridiancity.org
Z!W
Parks' Pathway Connections in FYI 5 -17 of the CIP. In the grant we Will request design dollars
in FYI 5 ($1 00k), with construction split over FYI 6, FYI 7, as available. We do not envision
needing any right-of-way funds as this construction will occur in existing UPRR property; we
not currently possess the easements, but the timeline is favorable for us to finish working with
UPRR on acquiring them.
th
Applications are due to COMPASS by November 28 . Part of the submittal requirements
include a resolution or similar agency documentation supporting the project, confirming the local
0
match commitment and promising to maintain the project once complete. In anticipation of
Council support of a-D-olvine for another TAP arant., and committina the local match and
maintenance, a letter has been prepared for the Mgyor's signature.
NOTE: The City's Grant Committee has been notified of this potential grant application, but
nd
they are not scheduled to meet until February 22
TA Grant Program Background:
The Transportation Alternatives (TA) Program was authorized by Moving- Ahead for Progress in
the 21't Century Act (MAP -2 1), the new transportation authorization, signed into law July 6,
2012. The TA Program redefines the former Transportation Enhancements activities and
consolidates these eligibilities with the Safe Routes to School and Recreational Trails Programs.
The Surface Transportation Program - Enhancements (T-E)program was originally authorized
in the Intermodal Surface Transportation Efficiency Act of 1991 (ITE) and continued through
two successive laws TEA -21 and SAFTETEA-LU. The TA Program builds upon the legacy of
the STP -E program by expanding travel choices, strengthening the local economy, improving the
quality of life, and protecting the environment.
The project sponsor is responsibility to ensure the availability of local match and entering into an
agreement with ITD. ITD will provide oversight on the project; however, the project sponsor
must be knowledgeable in federal program requirements and be able to manage the project at the
local level.
C
DATE February 2013 ITEM NUMBER: 10A
ISO
First Reading of Ordinance No® Proposed # 13-1542: An Ordinance Combining The
City Of Meridian Traffic Safety Commission And The Meridian Transportation
Committee/Task Force Into A City Of Meridian Transportation Commission By
Repealing And Replacing Title 2, Chapter 3, Meridian City Code, Related To:
Establishment Duties And Powers; Membership; Organization; Meetings; And Providing
An Effective Date
MEETING NOTES
.. .. . . . ....
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT To SENTTO NOTES INITIALS
STAFF AGENCY APPLICANT
CITY OF '' J ORDINANCE 1, 1
AN ORDINANCE 1 OF MERIDIANTRAFFIC
COMMISSION 1 THE MERIDIAN
FORCE INTO A CITY OF MERIDIAN TRANSPORTATION COMMISSION BY
REPEALING AND REPLACING TITLE 2, CHAPTER 3, MERIDIAN CITY CODE,
RELATED TO: ESTABLISHMENT; DUTIES AND POWERS; MEMBERSHIP -
1' 1", 1 PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian desires to create one forum for
transportation planning and project development, and to advocate for and promote the
advancement of a safe, efficient, and multi -modal transportation network relating to roads, transit
corridors, bike lanes, sidewalks, pathways, and lighting to better serve the health and welfare of
its citizens, and to promote the economic development needs of the city, businesses, and
residents of Meridian; and
WHEREAS, the City Council finds that by combining the existing City of Meridian
Traffic Safety Commission and the City's Transportation Committee/Task Force into the City of
Meridian Transportation Commission that the above-described forum shall be achieved; and
WHEREAS, the City Council desires that the newly formed City of Meridian
Transportation Commission shall work in conjunction with city staff, other government agencies,
citizens, and organizations, to advise the Mayor and City Council in matters related to
transportation and traffic safety; and
WHEREAS, the City Council desires that, in aggregate, the City of Meridian
Transportation Commission and its members shall provide:
(1) Broad, city-wide perspective;
(2) Appreciation of traffic safety, transportation, land use and environmental interactions;
(3) Representation from resident, business and technical viewpoints on traffic and
transportation issues;
(4) General understanding of transportation networks and urban systems;
(5) Appreciation of economic development implications in transportation projects, and
(6) Commitment to developing a balanced, multi -modal transportation system in
Meridian.
MERIDIAN,NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF IDAHO:
Section ® That Title 2, Chapter 3, of the Meridian City Code, is repealed and replaced to
read as follows:
--1: ESTABLISHMENT.-
ORDINANCE
:
ORDINANCE ESTABLISHING TRANSPORTATION COMMISSION - PAGE 1 OF 4
There is hereby established a transportation commission, the purpose of which shall be to
provide a forum for cooperation, coordination, -planning, and communication between the city of
Meridian and its citizens and organizations concerned with transportation planning and the safe
and efficient movement of vehicular and pedestrian traffic throughout the community, with other
federal, state, and local governmental agencies including, but not limited to: Ada County
Highway District (ACHD), Idaho Transportation Department (ITD), Valley Regional Transit
(VRT), and the Community Planning Association of Southwest Idaho (COMPASS).
A. Advisory To City Council: The transportation commission shall be deemed advisory and shall
report and make recommendations to the mayor and city council. All actions of the
transportation commission shall be subject to approval by the mayor and city council by
resolution and after such approval shall have the force and effect of ordinance.
B. Annual Report: The transportation commission chairperson shall submit an annual report to
the mayor and city council regarding the commission's activities and accomplishments in the
furtherance of the objectives of this chapter.
C. Commission Authority: The transportation commission shall be authorized to:
1. Receive.) review, and make recommendations to the city council on all Meridian city
traffic safety and transportation matters.
2. Suggest projects to the city council that increase safety in pedestrian and school traffic
and that generally improve traffic safety throughout the city.
3. Receive, review,, and act on motorist, pedestrian and bicyclist concerns or issues brought
forth by citizens of Meridian, that relate to safety of the traveling public.
4. Evaluate and recommend to the city council amendment to the traffic safety and
transportation elements of the city's Comprehensive Plan, as may be necessary.
5. Compile and recommend to city council annually a list of the highest priority roadway,
intersection, bicycle and pedestrian improvement projects for inclusion in state, regional
and local transportation funding programs, such as the COMPASS Long -Range
Transportation Plan, ACHD's Capital Improvements Plan, and ITD's RanrV1r%
Long 8,0;
Vision/Plan.
6. Review and make recommendations to city council on the annual budget and Five Year
Work Plan (FYWP) prepared by the ACRD.
7. Review and make recommendations to city council on rules and regulations related to
speed limits.
ORDINANCE ESTABLISHING TRANSPORTATION COMMISSION - PAGE 2 OF 4
8.-r.-eview and make recommendations to the city council regarding public transportation,
including transit services.
9. Consider other transportation and traffic safety matters as may be referred to the
commission by city council, other political bodies, or city staff.
A. Membership:
1. The transportation commission shall consist of up to nine (9) voting members, and six (6)
nonvoting ex -officio members.
2. Members of the transportation commission shall be appointed by the mayor and approved
by the city council on a vote of a majority of the city council members,) and transportation
commission members may, in like manner, be removed.
3. All members of the transportation commission and the officers thereof shall serve without
salary or compensation. The city shall provide the necessary and suitable equipment and
supplies to enable the transportation commission to properly transact and attend to its
business. The budget for transportation commission equipment and supplies shall be
provided for through the city budget and administered by the transportation commission's
designated city staff liaison(s).
B. Qualifications: All members of the transportation commission shall have an interest,
competence, or knowledge in matters relating to transportation planning and traffic safety.
Commission membership shall be comprised of: four (4) Meridian citizens residing within
City limits, one position of which may be designated to represent youth; three (3) Meridian
business owners or employees of a business in Meridian; and two (2) individuals with
technical expertise and/or education in a transportation -related field. The four (4) Meridian
citizens should,, if possible, represent different geographic areas of Meridian. The youth
commission member may be, at the time of appointment, under eighteen (18) years of age.
The six (6) nonvoting ex officio members shall be made up of representatives from the
Meridian City Council, ACHD, ITD, COMPASS, VRT, and/or Meridian Joint School
District 42 staff. The representative from the Meridian city council serves as both a liaison to
the Council and as a nonvoting ex officio member.
C. Terms: Initial appointments to seats on the commission shall be made as follows: four (4) 1 -
year terms; three (3) 2 -year terms; and two (2) 3 -year terms. All additional and subsequent
appointments shall be made for three (3) year terms except that all additional and subsequent
appointments to the seat assigned to the youth commission member shall be made for a one
(1) year term. The youth member shall be appointed to a term of up to one year from
September I through August 31. Commissioners wishing to serve additional terms must
submit a letter of interest thirty (3 0) days prior to the term's expiration. Reappointments shall
be made at the discretion of the mayor, with confirmation by the city council.
ORDINANCE ESTABLISHING TRANSPORTATION COMMISSION - PAGE 3 OF 4
D. Vacancies: Vacancies shall be filled in the same manner as original appointments and th
appointee shall serve for the remainder of the unexpired term.
A. Officers: At the first meeting of each calendar year, the members of the transportation
commission shall meet and organize by electing a chair, vice chair, and such other officers as
may be necessary. The commission may request assistance from the city clerk.
B. Rules And Bylaws: The transportation commission shall adopt bylaws, rules and regulations
for the proper conduct of the business of the commission. The bylaws, rules and regulations
are subject to the approval of the mayor and city council after recommendation by the
commission.
The transportation commission shall convene regular meetings at Meridian City Hall, 33 East
Broadway Avenue, Meridian, Idaho, each month at three thirty o'clock (3:30) P.M. on the first
Monday of each month unless, at the first meeting of each calendar year, the commission shall
establish a meeting schedule for the calendar year in which event the published schedule shall
apply. All meetings of the commission shall be open to the public, and shall follow the
requirements of Idaho's open meeting laws. The commission shall keep minutes and other
appropriate written records of its resolutions, -proceedings, and actions. The commission shall
allow and promote public participation in the meetings of the commission. Additional meetings
of the commission may be scheduled by the commission as necessary to carry out the business of
the commission.
Section 5. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this day om
Uebruary,2013. E
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
February,2013.
Tammy de Weerd, Mayor
111IM-W
Jaycee Holman, City Clerk
ORDINANCE ESTABLISHING TRANSPORTATION COMMISSION - PAGE 4 OF 4
11OTICE AND PUBLISHED SUMMARY
*F ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO.
An Ordinance combining the City of Meridian Traffic Safety Commission and the
Meridian Transportation Commission/Task Force into a City of Meridian Transportation
Commission by Repealing and Replacing Title 2, Chapter 3, Meridian City Code, relating
to: Establishment; Duties and Powers; Membership; Organization and Meetings.
A full text of this ordinance is available for inspection at City all, City of Meridian,
33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon
the passage and publication.
City of Meridian
Mayor and City Council
By: Jaycee L. Holman, City Clerk
First Reading: is
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
§50-902: YES NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the
attached Ordinance No. 13 - 15 44 ;�-- of the City of Meridian, Idaho,,. and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code § 50-901A (3).
DATED this day of February, 2013.
William. L.M. Nary
City Attorney
DATE.m Februa�y 1 c...), 2013 ITEM NUMBER: 1 OC -
PROJECT NUMBER: AZ 12-014
ITEM TITLE: Tomorrow's Hope
Ordinance No. Proposed # 13-1544® An Ordinance (AZ 12-014 -Tomorrow's Hope) For
Annexation Of A Tract Of Land Situated In A Portion Of Government Lot 4 Of Section
6, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, Establishing And
Determining The Land Use Zoning Classification Of Said Lands From Rut And RI To R-8
(Medium Density Residential District)
MEETING NOTES
!!I IIIqI 111111 ��Iq
CLERKS OFFICE FINAL ACTION
DATE:
&MAILED TO
STAFF
SENT TO
AGENCY
SENTTO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7
BOISE IDAHO 02121/13 12:02 PM
DEPUTY RECORQED'—REQUEBaileST OF II I I IIII IIIIIIIII II II I II IIIIII III I III
Meridian City 113019370
CITY M MERIDIAN ORDINANCE 1 r1.
. IS q14
SECTIN 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of
Meridian. Idaho, and that the City of Meridian has received a written request for annexation and re-
zoning by the owner of said property, to -wit: Thain Pond.
SECTION 2. That the above-described real property is hereby annexed and re -zoned from
RUT and R1 to R-8 (Medium Density Residential District), in the Meridian City Code.
SECTIN 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the ordinances of the City of Meridian to annex and re -zone said
MEM
SECTION . That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
ANNEXATION — TOMORROWS HOPE (AZ 12-014) Page 1 of 3
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
SECTION 7. This ordinance shall be in full force and effect from and after its passagi,
approval and publication, according to law.
SECTION
® The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and. a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder,, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be,, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
MAYO MMY de WEERD
'P�A UG
ATTEST:
Zol)
citv of
M�
IDIAM�
90 A H a
® HOLMAN, CITY CL -W%
F/
ffje TV
oil
�F-A I I I III I aw
.10-1-01 "Alln-611MI 8'''1 mail Page 2 of
STATE OF IDAHO,
ss:
County of Ada
On this day of 2013 before me the undersigned, a Notary Public
in and for said State, personally appeared T de WEE RD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
ANNEXATION — TOMORROWS HOPE (AZ 12-014) Page 3 of 3
Page I of 2
QI
-ME LAND GROUP, INC,
November 7,,2012
Project No. 112142
Annexation/Re-zone Description
Tornorrow's Hope
6.99 Acres
A tract of land situated it) a portion of Government Lot 4 of Section 6, Township 3 North,, Range 1
East, Boise Meridian.. Ada County, Idaho,, described as follows-,
COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section 6,
which bears North 016W East a distance of 2..658,28 feet from a found 5/8 -inch steel pin which
monuments the West One Quarter Corner of said Section 6, thence following the westerly line of
said Section 6, South 0*16'16" West a distance of 427.80 feet to the POINT OF BEGINNING.
Thence leaving said westerly line., South 89*35'54" East a distance of 589-60 feet;
Thence South 0*16"I6" West a distance of 609.26 feet to a point on the centerline of the
Onweiler Lateral as described by Highgate Subdivision Phase 2 (a subdivision recorded as at
pages :10,.514-10,S16, Book 90 of Plats, records of Ada County, Idaho);
Thence following said described centerline of the Onweiler Lateral on the following four
courses,
1. South 80'026'34" West a distance of 1.30 feet;
2. South 88*06'00" West a distance of 67.45 feet;
3. North 85° Or West a distance of 72.50 feet;
4. North 67*24'44*1 West a distance of 49.03 feet to a point on the centerline of the
Onweiler Lateral as described by Silhouette Subdivision (a subdivision recorded as at
pages 9946-9847,, Book 87 of Plats, records of Ada County, Idaho), -
Thence following said described centerline of Onweiler Lateral on the following four
courses:
I. North 63"5947" West a distance of 120.07 feet;
2. 78.54 feet along a circular curve to the fight, said curve having a radius of 500.00 feet, a
central angle of 9W00% a chord bearing of North 59°29' 7" West, and a chord
distance of 78.46 feet;
3. North W59"47" West a distance of 240.06 feet;
4. North 72059"47" West a distance of 31.33 feet to the west line of said Section 6;
Thence following the said westerly line of Section 6, North 0*16'16" East a distance of
352.20 feet to the POINT OF BEGINNING.
The above-described tract of land contains 6.99 acres more or less, subject to all existing easements
and rights-of-way. The purpose of this description is for annexation and/or re -zone purposes only
and is not intended to describe or transfer property rights.
AV'
Site, Planoing &4aadscapeArdfitechtre 0,6off, Ccur5e lin; -ior wphic 'cation * Surveying
- gvt i&fnqjnePr0gvGi , Connniviv
462 E, Shore D(W, Ste. 100, Eagle, Ida -ho 83�616 F !Me..9a9.44145 a www.thelandgroupirwcom
g 012�1.1 2'142\admit legah,\!121106 a-tnn-c-,�aticon description 1.12142,doc
Tomorrow's Hopi
THL LAND GROUP, INC.
Attached hereto is Exhibit " " and by this reference is made a part hereof.
Prepared By.* THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE,. IDAHO 83616
208-9394041
208-939-4445 (FAX)
BY
Nov
wjERVAR PU13L'C
WORY's DEPT.
07 •
5-11 C Plal47,"119r LanlysCclpe Architecture -P
�QY Ourse & EngWeeM79 AP Graphic COMMuilication * 1�urvey]09
46 F. 5 h o r P r; i, iv- 33,61,6 o P 208,939 4041, r �08,9,19,4445 a www.thelandgrouginc.com
.0 S It, $� � I () 3, F I — -
P�'�L 2012 /\1 12J4"AzjdminNlegal-s\! 1221106 annexation de-,c-ription 1-121.42.dot-
-
_ k4t:k
Tomoffow's Hop �
Is
9
N
H
I
Situated in a portion of the Gov't Lot 4 of Section 6,
Township 3 North, Range I East, IBM.,.
NW CORNER Ada County, Idaho
SEC11ON 6 2012
gcb
co
S89*35"54"E 589,60'
MUM 9M as an GEMEMMOD
R EV I E T.�. VAL
NOV 2 0 2012
co
"
MERIDIAN PUBLIC
U") WORKS DEPT.
Uj
6.99 Acres±
co
Curve Table
0i
C)
SEGMENT RADIUS LENGTH DELTAr CHORD LENGTH CHORD BEARING
4
cl
78.540 Woo" 7&46' N592iY47"W - is
0 N7259"47"W cn
c
N
cu
co
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s�.
co
CENTERLINE ONWEI
LATER&
fo 061N<
W 1/4 CORNER S80726'34"W
SECTION 6 1,30,
Tomorrow's Hope
99
Silhouette
Subdivision
N67"24'44"W
49.03'A
PROJECT INFORMATION
o. •,
Annexation/Re-zone
Ada County, Idaho
im
5• '0
72.54'
Highgate
Subdivision Phase 2
Scale: 10 = 100'
Exhibit B - Exhibit Map
Situated in a portion of the Gov't Lot 4 of Section 6,
Township 3 North, Range I East, B.M.,,
NW CORNER Ada County, Idaho
SECTION 6 2012
c
cq
9'35'5 "E 559,60®
RV
IE
VAL
By_ , ZIT
NOV 2 0 2012
co
00 MERIDIAN PUBLIC
co Ul) WORKS DEPT.
3: Uj
6.99 Acres±
Curve Table
SEGMENT RADIUS LENGTH DELTA CHORD LENGTH CHORD BEARING ua
C)
cl 500 -OV 7&5,V 9WO W X46"
co
0 N7259"47*W
31-33'
co
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CENTERLINE ONWEILER
LATERAL
W 1/4 CORNER S8026'34"W
SECTION 6 1.30,
��"'
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1 Z
61, . . 67.45
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or to
N67*2 44 W
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Highgate
Subdivision Phase 2
• ENGINEER/SURVEYOR PROJECT INFORMATION
Fm�
",777777
74r. 'Tomorrow's Hope 4
nexation/Re-zone
r k
Ada County, Idaho
RrFV
lum'h Alm E om F e b r u 0"ITEM NUMBER: 10'
PROJECT NUMBER.m AZ 12-007
ITEM TITLE: Linder Church of Chris'i
Ordinance No. Proposed # 13-1543.- An Ordinance (AZ 12-007 - Linder Church Of
Christ) For Annexation Of A Portion Of Parcel D As Shown On Record Of Survey No.
6326, Ada County Records, Located In Government Lot 2 Of Section 4, Township 3
North, Range I West, Boise Meridian, Ada County, Idaho, Establishing And Determining
The Land Use Zoning Classification Of Said Lands From Rut To R- 8 (Medium Density
Residential District) And C -C (Community Business District)
MEETING NOTES
AD
ari W, It M
DATE:ALS
E-MAILED TO
STAFF
SENT TO
AGENCY
SENTTO
APPLICANT
NOTES
INITI
ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00
BOISE rA'
DEPUTY Vicky Bailey
RECORDED —REQUEST OF
Meridian
CITY OF MERIDIAN ORDINANCE NO. 3 " 15L4 *3
MY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, BC
Y
P
rt
tr r r
AL
411
SECTION to That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of
Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-
zoning by the owner of said property, to -wit: Linder Church of Christ.
SECTION 2® That the above-described real property is hereby annexed and re -zoned from
RUT to R-8 (Medium Density Residential District) and C -C (Community Business District), in the
Meridian City Code.
ECTION 3® That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the ordinances of the City of Meridian to annex and re -zone said
property.
ANNEXATION —LINDER CHURCH OF CHRIST (AZ 12-007) Page I of 3
A-1 rp
I ION 5. That the City Engineer is hereby directed to alter all use and area maps as well
the City of Meridian in accordance with this ordinance.
SECTION
® All ordinances, resolutions, orders or parts thereof in conflict herewith are
Won
SECTION
® This ordinance shall be in full force and effect from and after its passage,
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
%_.1
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council,, the rule requiring two (2) separate readings by title and one (1) reading
in full be,, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of 201.
N7,
J
1-2,11, 1 11 IM k�
rA�
jCV day of 20V.
MAYOR ITA AMY de WEERD
ANNEXATION —LINDER CHURCH OF CHRIST (AZ4VO07) Page 2 of 3
STATE OF IDAHO,
ss:
County of Ada
On this day of
.j -L2 c, -v -L-A 2OTf, before me, the undersigned, a Notary Public
in and for said State,personally appeared T MMY de WEE RD and JAYCEE L. HOLMAN
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOR, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NNARY PUBLIC VOR IDARO---�
RESIDING AT: A -4r- via � c% -o D
MY COMMISSION EXPIRES:,,_k� vj 4 ,
ANNEXATION —LINDER CHURCH OF CHRIST (AZ 12-007) Page 3 of 3
Exhibit A — Legal Description — Linder Church of Christ
Ar 20&-,86N3442
P -SURVEYING, LLC
DTI
W --..i Ob.- E. dtpe Msnxam
Pmfmlowl Land Sorixeyor Ct.
Eaglet I b . 836 16-
..R6zolle RUT t6 CC
4
Linder Church of
A pordon- of Parcel D- as sbo-wn on Record of Survq No 6326,- Ad' Counly
y
reCOT&,,, tocated 'n Govemment. Lots 2 a nd 3 of Seefioift4, T.3N.-;RA W.,, B.M... Ada
C. 'BrGINMNG at the North Vz,
pirtictlarly described �skllows',,
'daho, !noro
.0,
comer, of said Section 4, ftom which the-. Northeast comer of said section: bews South
,890,18 523 "' Edst, 263 & 2.3feet;
Thence along the section ae South 89'18'23"' East�, 789,26 fee+-
Tlience departing said section line South OO,4t "581" West, I 129.98fi�et;
Thence North 34009"49" West, 456.98 feipt;
Theace'North-.79'09'49" West, 28.28 Beet;
Thtnee, South 55`50'511 " W-e8t305.00 fed;
Ilence North 34009"49"'West, 848*'J4 feet;
'ThenceNotth 00'4131" East -228.30 feettoapoint onthoNorthline of sai'd.
Secti.OTI
Thence: Wong. said North line South- 89-01.829" EI-ast �234.90:-fept talhe Poi�at. of
Be� Cotitai".m'n
vnpg�g917.3-5 acres. or les:
_
Wi[itten from data of record. wiffiout benefit of a field gurvey by DTP;Sury ' 0
eYM91!
Exhibit A — Legal Description — Linder Church of Christ
DTi
P SURVMNG,, LLC
WMENME
Rezone RUT'to',11-8
Lioder.Chumh ot-Chiist
209.8M3442
1.506 E.- Frul.iaska CL.
A portio'n of P=el D. &q shown on Record of Survey. No 6326,.Ma. County
records, located M* Government Lot 2 of Section
Idaho, more -particularly &scAed as foUows: I Qdo=enc .4 the North,%4,
.9 at Comer of
smd Section 4, ftorn which the Northeast mmer of saia section. bears South 8911.823�'
East, 2631 8.23 f eet,
Tbeuce' along the section line South 89'18`23" Eas�t, 799.26 feet;
Thenco. dopmti-4Z.- smd section line Soutb 0004 1 -"5 8 West 1129,93 feet to the
REAL POINT OF BE GMN-MG; -
Thencaconfinuing. South 00'41 "58" West, 245,27 ket to a Point on the South. lin
of said Governme-0 Lot. 2;
Thence- alons said line North 8902426" Wes4 224.93 feet.;
lhl�nce,.Noi6 34009`49" West 550-00 fept;
nience.'North 55030511'5 East( 3 05.00 feet;
Thence.8outh- 79009-49"' East.s 28.2-8 feet-;
Theftee Soath- 34009149"' East, 456.98 *.feet. to-te'Point of Be Contab�g
4.46 acres,. more or less.
Written from data of record without benefit of a lield. aurvey by DTP Surveying.
kv-p-amim
k-Ahibit B — Map — Linder Church of ChrisL-
N 89.18'29"' S 89#1$ 23" E
.32 2638-.' 33 1/4 gAl 8P2,3
23 S8 , "E 7-89-26*' T.4N, Rol W. 33. 34
a" 40mmmmmomm swill,
5 4 I=, mot
4
RPOE3 Wo U.-SlICK RD, T -, 3 N_' R:.I..W 1849,26' 4 .3
S891 829"E
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NEW'.CC REZONE AREA;
am, 17 ,35 ACRES-
P.N
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dv 28.281.
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SCALE:
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AUG 1 2012.
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PUBLIC
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EXHIBIT * B" DESCRIP11ON FOR JOB" NO.
RUT TO CC REZONE XX.ftm"
jo'l
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SEMN: 4, T.M., -R-A.V,
..... ADA COUKT-Y, IDA,4b
Exhibit B — Map — Linder Church of Christ
N. 891829" W
t 891 -23" E
638.52
32 116 3 13* 1/,4 33 3
--S,89`l'8"2S'E 789.26" T1W. 33 34
..... - - -------- -AIL
5-
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4 3
ri
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dv
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EXHIBIT "B"p DESCRIPTION FOR. JOB NO.
1 208.860.3442: EXH' RUT TO R--ff REZONE XX
4 42,
1% LINI
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Z�URVEYING *Pgh@mwL-00Ui, LINDER-' CHURCH` OF 'CHRIS -T.
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Professionalland SumeVar gad* -ter 81616 CA- G ' OV!T.*.,.LOTS 2 AND YOF
a
ADA COUNTI� 16AI OAT
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DATEw. Februa�y
C)l 2013 ITEM NUMBER9
Future Meeting Topcs
M
MEETING NOTES
Vtt
III I'mill n ns- 'I Ann A I I LYAT A
DATE:
CLERKS OFFICE FINAL ACTION
E-MAILED TO SENT TO SENTTO NOTESINITIALS
STAFF GENC APPLICANT