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2013-02-26roxinrT 1 R-001�1 X David Zaremba 0 Brad Hoaglun X Charlie Rountree X Keith Bird 0 Mayor Tammy de Weerd 2. Pledge of Allegianct 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved B. First Addendum to Temporary License and Maintenance Agreement for the Sports Fields at 915 East Central Drive - Jabill Sub -division Community Items/Presentations A. Arts Commission: Annual Report 7. Action Items A. FP 13-006 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Final Plat Approval Consisting of Five (5) Multi - Meridian City Council Meeting Agenda — Tuesday, February 26, 2013 Page 1 of 2 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. Family Residential Building Lots on Approximately 2.4 Acres of Land 'in an R-15 Zoning District Approved A. Ordinance No. 12-151.0k An Amended Ordinance of the City of Meridian Granting Annexation and Zoning for Two Parcels on Land Known as Spurwing Challenge (AZ 11-005) Approved 9. Future Meeting Topics A. Executive Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Into Executive Session at 7,-.41 p.m. Out of Executive Session at 9,-.11 p.m. Adjourned at 9,-11 p.m. Meridian City Council Meeting Agenda — Tuesday, February 26, 2013 Page 2 of 2 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 Citv Council February_26 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, February 26, 2013, by Vice-president Charlie Rountree. Members Present: David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Mayor Tammy de Weerd and Brad Hoaglun. N Others Present: Bill ary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Warren Stewart, Michael de St. Germain, Mark Niemeyer, and Dean Willis. X David Zaremba 0 Brad Hoaglun X Charlie Rountree X Keith Bird 0 Mayor Tammy de Weerd Rountree: I will call the Tuesday, February 26th, City Council meeting to order. Roll call attendance, please. Item 2: Pledge of Allegiance Rountree: Thank you. This evening we have guests from Troop 80, the Hicks L®s Ward Scouts with us tonight and Brandon McCumber has indicated he is going to lead us in the Pledge of Allegiance. So, Brandon, if you would come up. (Pledge of Allegiance recited.) Rountree: Brandon, if you would come up here for a minute. Give you a little reward for doing that. Thank you. It's always great to see you guys here. We appreciate your coming. Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church Rountree: Next on the agenda is the invocation from Larry Woodard from the Ten Mile 00*hristian Church and, please, join us in the invocation or take this as a moment of reflection. Woodard: It's always a pleasure to be here. I see the city is in the news lately and so I think a prayer would be appropriate tonight. Our dear Heavenly Father, I ask that you will bless the City Councilmen and city officials who will speak tonight. Give each of them wisdom and may they make decisions which continue the legacy of sound leadership.. As our city contemplates increasing the size of the City Council, may the citizens make sound choices throughout this process. At a time in our nation's history Meridian City Council February 26, 2013 Page 2 of 16 when our national government seems to be suffering from self-inflicted wounds may our Meridian city government continue to make decisions that help the citizens of this town. We pray for safety for our first responders, for the safety of those that are rebuilding our city streets, for a spirit of good -- public good by all of our city fathers and merchants and for honesty in everything we say and do. We thank you for all of the new businesses that are being built in our city and the jobs that that will work bring. You have always blessed us and may we always stop for a moment to thank you, in Jesus' name, amen. Item 4: Adoption of the Agenda Rountree: Thank you, Larry, for being here. Next on the agenda is the adoption of the agenda. W wird: On the agenda Item 8-C the proposed ordinance number is 13-1545 and with th 1 move we adopt the agenda as published. Rountree: It's been moved and seconded to adopt the agenda. All those in favor Opposed same sign? I Item 5: Consent Agenda A. Development Agreement for Approval: AZ 12-008 Isola Creek Subdivision by Coleman Homes, LLC Located East Side Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74.6 Acres of Land from RUT'I'n Ada County to the R-4 (Medium Low -Density Residential) Zone B. First Addendum to Temporary License and Maintenance Agreement for the Sports Fields at 915 East Central Drive - Jabil Subdivision Rountree: Next item is the Consent Agenda. Meridian City Council February 26, 2013 Page 3 of 16 Bird: I move we approve the Consent Agenda and for the vice-president to sign and th clerk to attest. i Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. Item 6: Community Items/Presentationj A. Arts Commission: Annual Report Rountree: Next on the agenda are the community presentations. First off is the Arts Commission and Nancy or Mary or both. Okay. Welcome. I haven't seen you for about a half an hour, so lift "M A Ift, BY, il r; W, MOZ IS S a I •do• •AV 0 Aft • A% Aft GV Aft Aft •do OF, OV &V GV Aft •. W W W W 4r, do Am Ah 40 tv GWV • dW, •• W • W 4V 1 4V Ift mk Ak • Aft • Ak Ah Ift Am Ah •Aft Aft 'Ah Ah Aft AM Ah • • Aft Am• Am Ah Aft Am Aft Am, Ah Ah w Aft Ak Alk Ah ev Meridian City Council February 26, 2013 Page 4 of 16 Jensen: Okay. Well, as the Meridian Arts Commission we feel like we have done a lot. We are proud of our accomplishments for 2012, but we feel like we can do more, actually, and so what is important to us is that our -- our strategic plan is ending after five years and we have felt good about the accomplishments that are -- that have happened with that. We would like to plan for another strategic plan for another five years for the Arts Commission and complete our goal to keep the Arts Commission sustainable and serving the people of Meridian. So, looking forward, some of the topics Meridian City Council that we would like to tackle for our next five years in our strategic plan are the percent for arts tax. Do you want to talk about that? N.Rountree: No. But we don't want to call it a tax. No. And I will address that if anyont.;,&.. has any questions about it, but percent for art is really something that we need to -- we feel it's important to at least address and begin the process. Jensen: To keep us sustainable. Also we are looking to achieve a feasibility study for a possible performing arts center within Meridian city and we would like to start a conversation with that. Also we would like to get more arts within our schools and the Meridian School District. That's always a priority. We feel like we have done a good job on that, but there is certainly more that we can do. We are also looking for some committed staff support for the Arts Commission. We have had staff support in the past and we are currently functioning without that and so it's something that we will really be looking forward to trying to obtain as an Arts Commission to keep us moving forward and accomplishing even more. A.Rountree: Well, I think you can see that we have spent our money wisely, we have done a lot with what we have been given and I think that, you know, the Commission works hard and they love bringing the arts to this community. Rountree: Thank you. Are there any questions? Bird: I have none. Very nice report. Bird: Thank you for your work. Zaremba: Not a question, but, yes, thank you for your work. You benefit us and the city by making this a nicer place to live. IN AMBOW I Rountree: Thank you. Next on the agenda is a report from the Solid Waste Advisory Commission or known locally as SWAC. Steve. Cory: Mr. Chairman, Members of the Council, thank you very much for this opportunity to present our annual report. My name is Steve Cory and I'm the newly elected chairman of the Solid Waste Advisory Commission. By way of introduction I have been a resident of Meridian for 12 years and I have been working in the environmental field for 30 years in everything from surveying to engineering to project management, program Management, advising various clients around the world and I have come to a point where I can go ahead and give back to my community and I'm looking forward to Meridian City Council February 26, 2013 Page 6 of 16 Meridian City Council Kountree: Thank you, Steve. Any questions for Steve? Bird: I have none. Very nice presentation. Meridian City Council February 26, 2013 Page 8 of 16 Rountree: Steve, what's the timeline or has Republic released a timeline on their new facility out at the old SSC site? Cory: I know it's going to be operational by the end of the year. Rountree: Oh, really. Cory: Yeah. I mean they have expressed to us that their intentions are to have it operational by the end of the year. • ountree: Very good. Thank you. Cory: You're welcome. Rountree: Appreciate your time. Thanks for being here and appreciate what you folks do being the liaison that's sometimes not there liaison and you guys do some great work, you listen to issues and craft recommendations for us on how to move forward with the waste disposal in our community and appreciate the effort. I Item 7: Action Items A. FP 13-006 Ifflulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Final Plat Approval Consisting of Five (5) Multi - Family Residential Building Lots on Approximately 2.4 Acres of Land in an R-15 Zoning District Rountree: Next item, Action Items. 7-A for the Mulberry Subdivision by Settlers Park. Bill. Parsons: Thank you, Mr. President, Members of the Council. The next item on thq agenda is the Mulberry Subdivision. It is approximately 2.4 acres. It's currently zoned R-15 within the city limits and is located on the southwest corner of West Ashby Drive and North Meridian Road. Here is the approved preliminary plat that you acted on back in October 9th, 2012. At that time it included five buildable lots with the concurren) approval of a conditional use permit that allows these five multi -family lots to develop with 36 multi -family units for a density -- maximum density of 15 dwelling units to the acre. Staff has reviewed the proposed preliminary -- or final plat for conformance with the preliminary plat. It is in substantial compliance with that approval. I'd also mention to Council that there is a note on the face of the plat that addresses cross -access and cross -parking within the development as well. Staff has received comments from the applicant and they are in agreement with the conditions in the staff report. To staff's knowledge there are no outstanding issues before you this evening and at this time I'd stand for any questions you have. Meridian City Council February 26, 2013 Page 9 of 16 Rountree: Any questions for staff? W .11 110 F.-Im me Rountree: Thank you. Does the applicant have any comments? You sure? Las' chance. This is a final plat. I need a motion. � 0111111 IM � M, = INA � Bird: I move we approve FP 13-006, the final plat and include all staff and applican) comments. 70-,1ountree: It's been moved and seconded to approve Item 7-A. All those in favor? F i q pliqpq Rountree: Okay. We will have a roll call then. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. A. Ordinance No. 12-151OA: An Amended Ordinance of the City of Meridian Granting Annexation and Zoning for Two Parcels on Land Known as Spurwing Challenge (AZ 11-005) Rountree: Next item. Item 8-A. Could we have the first ordinance read by title only. Holman: City of Meridian Amended Ordinance 12-1510A -- Amended Ordinance 12- 1510A) AZ 11-005, Spurwing Challenge for annexation of two parcels, one being a portion of Lot 78, Block 1, of Spurwing Subdivision, recorded in Book 69 of Plats at pages 7104 through 7108 and a portion of Lot 1, Block -- there is no number -- of Grant Subdivision recorded Book 59 of Plats at pages 5785 and 5786 and one parcel being Meridian City Council February 26, 2013 Page 10 of 16 Lot 53, Block 1, of Spurwing Subdivision, recorded in the office of the Ada County recorder as Instrument No. 95045793, all of which is situated in a portion of the south one half of the southeast one quarter -- a portion of the southwest one quarter of Section 23, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT 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. Rountree: You have heard the reading by title of Item 8-A. Anybody wish to hear the entire ordinance? Seeing none, I need a motion. Bird: I move we approve Ordinance No. •A with suspension of rules. Rountree: It's been moved and seconded to approve Ordinance in to 8-A. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. B. Second and Third 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 Providinj An Effective Date Rountree: Next item is 8-B for Ordinance 13-1542. Would you, please, read that by title only. Holman: Thank you. City of Meridian Ordinance No. 13-1542, an ordinance combining the City of Meridian Traffic Safety Commission and the Meridian Transportation Committee Taskforce into a City of Meridian Transportation Commission by repealing Meridian City Council February 26, 2013 Page 11 of 16 and replacing Title 2, Chapter 3, Meridian City Code, related to establishment, duties and powers, membership, organization, duties and providing an effective date. Rountree: This is the second and third reading of that particular item. Anybody wish t hear the entire ordinance? Seeing none I need a motion. i 10 IrelmilfiWell W.. 11.1'm � 1�,•�, — IIIIIII X =• Bird: I move we approve Ordinance No. 13-1542. •IT147071"s, Rountree: It's been moved and seconded to approve Ordinance 13-1542. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. � a Eel We] 10 C. Ordinance No. : An Ordinance (AZ 12-008 — Isola Creek Subdivision) For Annexation Of A Portion Of Land Located In The SW '/40f Section 35, Township 4 North, Range I West, and Annexing Certain Lands and Territory, Establishing and Determining the Land Use Zoning Classification Of Said Lands From RUT To R-4 (Low Density Residential District) In The Meridian City Code Rountree: Next item 8-C. Ordinance 13-1545. Would you, please, read that by title only. Molman: City of Meridian Ordinance No. 13-1545, an ordinance AZ 12-008, Isola Creek Subdivision for annexation of a portion of land located in the southwest one quarter of Section 35, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Low 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. Rountree: You have heard Ordinance 13-1545 read by title only. Anybody wish to hear the entire ordinance? Seeing none I need a motion. Meridian City Council February 26, 2013 Page 12 of 16 Zaremba: Mr. Chairman, I move that we approve Ordinance 13-1545 with suspension of rules. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. Item 9: Future Meeting Topics Rountree: Next item future meeting topics. Are there any? • I 1170 MIT Zaremba: I actually have two that I would like to get on the agenda. One, if we can put it on next week's agenda would be appreciated. Ada County Highway District is asking for us to give them an opinion on whether or not they should approve closing Main Street for the Dairy Days parade or suggest that they find an alternate route or perhaps not do it -- they want the Council to discuss essentially three different options and give our opinion on whether Main Street can be closed while Meridian is closed and they would like that opinion from us fairly soon, so I would ask that we put it on next week's workshop agenda. Rountree: David, it was my understanding that the ACHD director indicated that that decision would be made by the city, not ACHD, that they had no problem with -- they would leave that up to City of Meridian. Zaremba: Well, they are actually the one that has to either approve or deny the permi so they are the final authority. I r!aremba: But, yeah, they are actually putting us a little stronger than just an opinion, now that you mention it. They -- they want us to make the decision. Zaremba: They are the ones that have to carry it out. ii� lllllli��lq 1 1111 Meridian City Council February 26, 2013 Page 13 of 16 Bird: I would -- I think we need to get it on the agenda -- �kountree: I do to - 1 00, Bird: -- next week, because we need to make the decision -- while they have the final think they are going to weigh a lot on our decision. I 11 1 111111q� illlllollq� 11 l�� 1111111pilill Bird: And we -- the Dairy Show board needs to have an answer so we know how to go forward with it. rX17a M11 #T--tMyrM--t 0 Rountree: Will they present the options? Zaremba: 11o. It will just be a discussion amongst -- well, I suppose we could invite -- Christian Tonnelle is actually the one who asked me to get it on our agenda. I could sure invite him or somebody something to come from ACHD. &-�1111q� pillipill 11111q F4kountree: No, he's not. Zaremba: Oh. Yeah. I don't see him. I will get back to you and -- Rountree: Follow up on that? Okay- Zaremba: -- ask him to come to our meeting next week. F.R.M.M.F Rountree: And you will -- you have got that, Jaycee, from -- okay. And you had another item. Zaremba: The other item is a request that we have a joint P&Z and City Council meeting on the next fifth Tuesday, which, actually, would be April 30th the next time we have a fifth Tuesday and this request comes from Idaho Power. They have recently completed their eastern Treasure Valley electrical plan. Caleb Hood and I participated Meridian City Council February 26, 2013 Page 14 of 16 in those meetings over almost every month last year, along with a lot of people from other cities around. They would like the opportunity to present that to us, probably Blake Watson would be the presenter, in a joint meeting of the P&Z Commission and the Council and because there are things that we will need to be aware of they did identify some places where they will need put a couple of new sub stations and some major transmission lines within Meridian in order to function for our intended growth capacity and they want us to be aware of them and get them into our Comprehensive Plan or future land use plan and so the request is can we schedule an April 30th joint meeting of P&Z and City Council. Rountree: I don't have a problem with that. Keith? IST411111111F � IMSIOMM Rountree: I -would like to see it sooner as opposed to -- if we can do it on a workshoi Liight if -- depending on what the agendas look like and, then, they -- E Bird: The problem is most of them got real jobs. Rountree: I assume this would be an evening meeting. Zaremba: If it were a joint fifth Tuesday meeting it would be an evening meeting, but Idaho Power would respond at any time, so it's really up to us and P&Z when we can meet jointly. 1 Rountree: Well, that would be a good topic for Friday morning, see what the futur,2 iolds and Nary: Mr. Vice-president, Members of the Council, one other suggestion for your discussion next week about the parade. We have had an internal discussion about that. I would suggest that we also invite a representative of the dairy board. It really is -- it really is their parade. It's not the city's parade or ACHID, I mean I think we need the dairy board's at least participation as to what they would like to do and what options may exist. So, if you would like -- and we can contact the dairy board as well to ask for a representative to be here. Meridian City Council February 26, 2013 Page 15 of 16 Rountree.- That would be good. • It would be nice to know what they have already been thinking •. A. Executive Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Rountree: Okay. Anymore? Bill, before we go to the next item do we need to add another paragraph to Item 1 O -A • is paragraph D sufficient? Rountree: Okay. Thank you. Next item is move to Executive Session. Do I have a motion? � In • Bird: I move we move into Executive Session as •- Idaho State Code 67-2345(l)(d). Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. EXECUTIVE SESSION: (7:41 p.m. to 9:11 p.m.) Rountree: We are out of Executive Session and we are done for the evening. I need a motion. mmo Rountree: All in favor? Opposed same sign? Meridian City Council February 26, 2013 Page 16 of 16 Rountree: Good evening, ladies and gentlemen. MEETING ADJOURNED AT 9:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) -/ 5' /,20/3 MAYOR TKI Y DE WEERD DATE APPROVED !� 0, ,IED AUCVS ATTEST: r,oW 9 City of AN* -- CE OLMAN, CITY CLER IDAHO y F SEAL ti ° �Tfehe TAE SU6A Item VA.-, Mulberry (FP -13-006) Application(s): Size of property, existing zoning, and location: This site consists of approximately 2.4 acres, is currently zoned R-15 and is located on the southwest corner of W. Ashby Drive and N. Meridian Road. Summary of Request: The applicant has applied for final plat approval consisting of five (5) multi -family residential lots. The Mulberry Subdivision was approved by City Council on October 9, 2012. Concurrently, Council approved a conditional use permit that allows the proposed lots to develop with thirty-six (36) multi -family units. Landscaping for the site is also tied to the approval of the conditional use permit and will be reviewed for conformance with a future certificate of zoning compliance and administrative design review application. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and City Code. The proposedplat is found it to be in substantial conformance with the approved preliminary plat. Written Testimony: The applicant is in agreement with the conditions of approval contained in the staff report. Outstanding Issue(s) for City Council: None NMI Oft, A UATEm. February 26, 2013 ITEM NUMBERm 5A M PROJECT NUMBERm AZ 12-008 ITEM TITLE,- Isola Creek Development Agreement for Approval: AZ 12-008 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74®b Acres of Land from RUT in Ada County to the R-4 (Medium Low -Density Residential) Zone MEETING NOTES ADA couNTY RECORDER ChriStopher D. Rich AMOUNT .00 BOISE IDAHO 02128113 08:57 AM OEPUTY Gail Garreft III RECORDED -REQUEST OF 113021828 4elwft tAj�jcl�"cxn T - U PARTIES: I - City of Meridian 2. Leonard Huskey Estate, Owner 3. Coleman Homes, LLC, Developer THIS DEVELOPMENT R I EEMENT (this Agreement), is made and entered into this :Q�o day of Et)D 2013, by and betwee City of Meridian, a municipal n corporation of the State of Idaho, hereafter called CITY, and Leonard Huskey Estate, whose address 621 o Road, Nampa, ID 83687, hereinafter called OWNER, and Coleman , Suite #2 . Idaho 83642, Homes, LLC, whose address is 1859 S. Topaz Way, 00, Meridian, hereinafter called DEVELOPER. I . RECITALS: WHEREAS, Owner is the sole owner, 'in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner and/or Devel . oper make a written commitment concerning the use or development of the subject Property; and 4 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land-, and 5 1.4 WHEREAS, Owner and/or Developer have submitted anapplication for annexation of the Pro-pertv described in Exhibit A, and. has requested a AL .1 des ignation of R-4 (Low Dens ity Residential Di stn* ct),♦ (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner � and/or 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 w 11 be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & ZoningCommission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the I 8th day of December, 2012, has approved the Findings of Fact and Conclusions of Law as 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 and/or Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER and/or DEVELOPER deems 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 their urging and requests; and 1. 10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted on April 19, 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 DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 2 OF 11 of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER-. means and refers to Leonard Huskey Estate, whose address is 621 N. Robinson Road, Nampa, IUD, 83687, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER-. means and refers Coleman Homes, LLC, 1859 S. Topaz Way, Suite #200, Meridian, IUD 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 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 annexed as R-4 (Low Density Residential District), and attached hereto and by this reference incorporated herein as if set forth at length. 4.1 The uses allowed pursuant tothis Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-5. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5.1 Owner and/or Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall comply with the submitted elevations attached in Exhibit C. 2. With the first phase of development, the applicant shall develop all of the amenities (children's play structure, covered picnic shelter, pool and pool facility) on Lot 22, Block 1. Prior to developing said lot, the applicant shall obtain approval of a certificate of zoning compliance and administrative design review application. 3. Concurrent with recording the final plat for the phase of the development that includes any portion of Lots 13, 14 and 15 in Block 5 as shown on the preliminary plat, the Developer has agreed to donate and convey of 12, Block 5 as shown on the preliminary plat to the City for use as a Neighborhood Park. A portion of the donated parcel has been used in the calculation of the 10 percent open space UDC requirements of the development. DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 3 OF 11 4. Prior to conveyance of the neighborhood park lot, Developer will coordinate with Parks Department staff to develop a set of park design and construction plans. Developer and the City will each be responsible for 50% of the costs of plan preparation. Since the City is paying for the park improvements, the City also has the final say in the amenities to be included in the park I 5. The Developer reserves the right to install Ada County Highway District storm drainage facilities on or across the Park Lot. The Developer shall coordinate the storm drainage design with the Parks Department staff. The design shall include subsurface facilities and not compromise the functionality or aesthetics of the Park. 6. The applicant shall construct a 10 -foot wide multi -use pathway along the east boundary of the future park and within Lot 11, Block 5 to provide connectivity to th Bridgetower Subdivision with the development of the park as proposed. I 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's and/or Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 7.1 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 and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (1 80) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (1 80) 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 and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or 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 DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 4 OF 11 with all applicable laws, ordinances and rules, including any applicabl-I provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/oi: Developer reserve all rights to contest whether a default has occurred. Thi Agreement shall be enforceable in the Fourth Judicial District Court in Ad, County by either the City or Owner and/or Developer, or by any successo or successors in title or by the assigns of the parties hereto. Enforceme may be sought by an appropriate action at law or in equity to secure th specific performance of the covenants, agreements, conditions, an: obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or 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 and/or Developer of any one or more of the covenants or condons hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and condons. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9.1 In the event Owner and/or Developer, or Owner's and/or Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner and/or 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. DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 5 OF 11 11. ZONING .- City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner and/or Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § I 1-5-C, to insure that installation of the improvements, which the Owner and/or Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 6 OF 11 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 and/or 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: 36M City Clerk City of Meridian Broadway Ave. Meridian, Idaho 836411 Coleman Homes, LLC 1859 S. Topaz Way, Suite #200 Meridian, ID 83642 M City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Leonard Huskey Estate 621 N. Robinson Road Nampa IUD 83687 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. DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 7 OF 11 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 an't inure to the benefit • the • 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 and/or 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 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 and/or Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION .- 1f 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 and/or 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 and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. No condition governing the uses and/or conditions governing re -zoning of the • Property herein provided • can be modified • •-• • th- ••r • • the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a • designation and/or amendment in force at the time • the proposed • 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. DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 8 OF 11 IN WITNESS WBEREOF, the parties have herein executed this agreement anti made it effective as herein6ove provided. OWNER: THE ESTATE OF LEONARD HUSKEY By: �dkc,Neji-s, Person4ke-presentative ON Pi .......................... ...... By: Michael 0 DEVELOPER: COLEMAN HOMES, LLC By: MAN -01 1111 111 F"Ielk-low"Ji"i I jP _ UMMI STATE OF IDAHO, Ss County of Ada On this day of -ya c4e-- _:UL --- .2013, before me, the undersigned, a Notary Public in and for sm'd State, personally appeAd Ed McNelis, known or identified to me t6 be the person who executed the agreement on behalf of THE LEONARD HUSKEY ESTATE7and acknowledged to me that he executed the same of behalf of said Estate. IN WTrNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fmt above w1itten.' STATE OF IDAHO, ss County of Ada Not* Pbblic for Idaho Residing at: My Commission Expires: I On this C21 day of cvtf 2013, before,me, the undersigned, a Notary Public in and for said State, personally appear?eic " ael Hagl, known or identified to me 0 to be a representative of U.S. Bank, N.A. and the perso who texecuted the agreement on behalf of THE LEONARD HUSKEY ESTATE, and acknowledged to me that he executed the same of behalf of said Estate, W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) - SAMANTHA T. BUTERO NOTARY PUBLIC STATE OF IDAHO DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 10 OF I I STATE OF IDAHO ss County of ADA On .*- 6 VW -k I a this 5T' day of 64 2013, before me, the undersigned, a V -&.A - Notary Public in and for said State, personally appeared 11 In=q 5 CAew&a �5jcknown or identified to me to be the person who executed the agreement on behalf of COLEMAN HOMES, LLC, and acknowledged to me that he executed the same of behalf of said Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. eo T Ak A.A. Not Public for Idaho" Residing at: MT) My Commission Expires: Tsp @ADO 0 V STATE OF IDAHO ) : ss County of Ada On this a(o day of "_t6co Ck--K' LI/I 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official se the day and year in this certificate first above written. 0 6686486 0s, $ICA , e14 L10 op, No ic for Id-qh' Resi•ing Commission expires: DEVELOPMENT AGREEMENT - ISOLA CREEK SUBDIVISION (AZ 12-008) PAGE 11 OF 11 Legal Description for Annexation Lwalm- Maw- Huskey Property Dasc 'ptioml.rjoc-- X- f,14 I -I, 0 yj 3 fimg Thence., N 03`63 07 E ,,formerly H 001015-31,33- F) allumig-- said vt. stedy b-coundavy amitir he, P-Allarlid.ian., CiT., Limbbounda- Thence confini"nig N 0"'53'07" E ateng sald w -a -sl I j ledy boundapl, leaving the existing Meddan My Umits b-cundany, a dlstance of 660.76 fe t to iha POINT OF BEGINNING; This parm-A contains 74..53 asres,l mcre or le g-. ROVAL REV& AUG 2 2 2012 �,,IERIDIAN PUB; ir,-, WORKS DE PT. CITY OF MER]IDLAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN" AND P DECISION & ORDER In the Matter of Annexation of 74.6 Acres from RUT to the R-4 Zoning District and Preliminary F111�1at Approval Consisting of 168 Residential Lots and 12 Common Lots on 70.33 Acres for Isola Creek Subdon, Located at 1n1 East Side of N. Ten Mile Road, North of W. Ustick Road, by Coleman Homes, LLC. Case No(s). AZ -12-008 and PP -12-004 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 20125 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11 -784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -12-008 and PP -12-004 6. That the City has granted an order of approval in accordance with this Decision, which shall b l signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, thio Planning Department, the Public Works Department and any affected party requesting notice. I 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11 -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 preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 4, 2012, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6 -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. 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 preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting, procedure again (UDC 11- 6 -7C). 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 agreement 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 11 -5B -3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -12-008 and PP -12-004 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 § 67-6521, 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. F. Attached: Staff Report for the hearing date of December 4, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -12-008 and PP -12-004 -3- -D By action of the City Council at its regular meeting held on the 2012. MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy de Weerd Attest: Jaycee Holman, City Clerk day of 9 -k7 MUM k1lic"M Efe Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. LIM, City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND. DECISION & ORDER CASE NO(S). AZ -12-008 and PP -12-004 -4- Exhibit i Elevations The Andrew T h e- E rn t-:,: r st p Exhibit C T ri,2, H -i f f i ri �7pcj -n T�,e iarW-o Tire M a I'a rj Exhibit C Exhibit C rpm -"AkW17 E DA010Eu Im Febrary 26, 2013 ITEM NUMBERO 5B First Addendum to Temporary License and Maintenance Agreement for the Sports Fields at 915 East Central Drive - Jabil Subdivision MEETING NOTES 111 liq P 1 � 111111 1 � 1111111 IN NJ rwlww- , � I � E 11 w! iw� ril liq 111111��;11111 III IgIIIIII 1i V (Sports Fields at 915 East Central Drive — Jabil Subdivision) Whereas., This addendum, made this 2�L day of February, 2013 to the Temporary Licnse and Maintenance e n xecuted betweethe City of Meridian (CITY) ani eAgreement Central Street Joint Venture (CENTRAL) dated July 12, 2005 (AGREEMENT); and, WHEREAS, CITY and CENTRAL have been cooperating to provide recreational opportunities on certain real property owned by CENTRAL located atCentral Drive in Meridian; and %,: WHEREAS,1 CITY and CENTRAL desire to expand the types of recreational uses allowed under the AGREEMENT. Section 3 of the agreement shall be repealedreplaced with -the following: USE OF LICENSED PREMISES R&I ell , I !, ov; " � - I 5�1 By: Cou.rui � V I�CJI. ��(�-8i C�.4.+�, C.:1A�LUl Oze uoftivv,.� D A e4o l X90 ti city of ID IDAHO SEAL the TPLSN"'� 0 mINDruary 2b, Z I%) ITEM NUMBERE 6A I Arts Commission® Annual Report MEETING NOTES a Meriffian Arts Commission FY12 Annual Report Meridian Arts Commission sponsors six main projects during the year, Initial Point Gallery, Concerts on Broadway, Missoula Children's Theatre, Artist in Residence Program, Young Artist Award, and Young Musician Award. In addition, MAC commissioners participated or served on several additional committees such as Kleiner Park, Wayfinding, MDC -Split Corridor, and the signage • First, Initial Point Gallery has become a premier location for artists and residence alike to enjoy the excitement of visual arts. The main change at the Gallery this year was to host the Artist Reception on the first Tuesday each month, from 4:00 to 7:30. This change brought more visitors into the Gallery for the reception. We are completing another great year Inthe Gallery. In 2012 the Gallery will have shown the work of 24 individual artists and many more in three groups exhibits: Meridian School children and youth, The Nampa Art Guild and the Southwest Region of the Idaho Watercolor Society. While, these numbers are impressive, we only wish we had a way to record the real number of people who visit the gallery. any don't sign the guest list and we have inspired many to visit each month. We get many very favorable comments from the public and the artists. The artists especially are surprised at the professional and timely help of Dwight's volunteer group. This group really know what they're doing and have a combined, well over 200 years of art production and/or exhibiting experience. We are still trying to encourage more local three-dimensional artists to display in our gallery and still need to find a way to attract more applicants. The commission has given Dwight the latitude to invite guest artists to display when we have gaps and spaces in the gallery. Each month as we set the new exhibit., we stand in awe at the amazing talent we have in our community. This year the application fees and donations from artist sales totaled $988. Our expenses were $1.,419.16 which were high this year due to the cost of packing/ shipping the National Watercolor exhibit to its next location. Next, Our efforts to create awareness for the Concerts on Broadway concert series turned a corner this year. As with most new events, it takes a few years of consistent messaging so that it becomes part of the "things to do" in our community. The increase in our audience for each performance was evident this year. We believe this was aided by the reconfiguration of the City Hall Plaza. The replacement of the north wall with the lower profile created much needed additional seating space. We roughly estimate attendance at each concert to be about 300-400 people. The highlight of the summer was the addition of High Street and. to the lineup. Their high energy created a great environment for an outdoor concert. They have been invited back for 2013 and will again kick off the summer series on June 22, 2013. The Kings of Swing, always an audience favorite, and Kevin Kirk & Onomatopoeia rounded out the summer schedule. Support from the community also increased through sponsorships. Our biggest FY 12 sponsor,. Investment Resources of America, has already committed to be involved inthe 2013 series. In addition., we received sponsorships from Idaho Power, DL Evans Bank, Framed, Jiffylube, and BenCorp. We also received a large grant from the Union Pacific Railroad foundation. The cost to produce these three wonder summer concerts was $11,931 and we generated $10,050 in grants and sponsorships. The next ,• projects we sponsor annually are • the • of the children in • community. We brought Missoula Children's Theatre to Meridian in March and held the auditions/ rehearsals at City Hall. We had over 100 children audition for the Wiz of the West production and at least 65 of those children were selected by the MCT directors to be in the play. After only one week of rehearsals the performance was held at Rocky Mountain High School. This year we had two performances on that Saturday, running back to back. In addition) the MCT directors went into the classrooms at Meridian Elementary and held workshops for over 200 children. Our admission fees totaled $1,239 plus we had one donation of $100 to the project for a revenue total of $1,339. The spent $3,953.05 to bring this wonderful opportunity to the children of Meridian. The availability of grant funds for this project have been sparse in the last couple years but this year we are excited at the prospect of more funding resources becoming available to us. We sponsored three Artist in Residence projects this fiscal year which were at River Valley Elementary -print making, Christine Donnell School for the Arts -a Legacy Project, and Pioneer Arts School -school wide mural project. The combined total number of children involved in these three projects exceeds 1,200. We offer up to a $1,500 match for each Artist in Residence 0 project we sponsor. We collaborate with Meridian Symphony with $150 towards the Young Musicians' Awards each ��ear. Combining our resources we are able to sponsor three young musicians with a monetary prize for their achievement. Each year, we work with the Meridian School District to select three future Young Artists with a monetary award. We have an award for each age group, elementary, middle school and high school youth. The total prize amount is $25 for K-5, $50 for grades 6-8 and $75 for grades 9- U. This has been another great year both in funding support and activities for Meridian Arts Commission. 2/26/2013 ,1 ', ym�� 1' DATE,c February 26 TEM 2`013 INUMBER,n Solid Waste Advisc, yCommission (SWAC). Annual Report MEETING NOTES f% T %.00mimt-inity ItemlPresentations Presenter Contact Info./Note4l, CLERKS OFFICE FINAL ACTION DATE". E-MAILED TO SENT To SENT TCS NOTES INITIALS STAFF AGENCY APPLICANT Date: November 28, 2012 To: The Mayor and City Council From: Meridian Solid Waste Advisory Commission: Nancy Mann, Chair, citizen commissioner Marie Glenn, Vice -Chair Cheryl Caldwell, citizen commissioner Robert Corrie, citizen commissioner Steve Cory, citizen commissioner Mollie Mangerich Andrea Pogue Jeffrey Townsend, citizen commissioner Re: 2012 SWAC Annual Report A. Membership: Throughout the year, the Meridian Solid Waste Advisory Commission (WAC) membership was comprised of five citizens, three City employees, and 2 ex officio members. Commissioner Cheryl Caldwell replaced Commissioner Carlson in March and the Youth Commissioner seat was filled briefly by Ellen Caminiti. The youth seat has been vacant for approximately 'seven months. B. Assignment of Solid Waste Franchise: As the Mayor and City Council are aware, in early 2012 the City's solid waste franchisee, Sanitary Services Company, informed the City of its intent to assign its franchise to Republic Services., Inc. SWAC was involved in reviewing Republic Service's qualifications, financial resources, and experience in the solid waste industry to determine if the company would be capable of handling the City's needs. The Commission found Republic Services to be an entity with sufficient experience and financial resources to be a suitable assignee and recommended that City Council approve the assignment. City Council approved the assignment in Resolution 12-844. The changeover went smoothly and Republic Services has been an active partner with the City since the assignment became effective on April 1, 2012. C. Community Recycling Fund Program (CBPP): SWAC's major accomplishment this year was launching the Community Recycling Fund Program (CRF) to the public in early 2012. There was a positive response with lots of questions and interaction with potential applicants. Ultimately, SWAC chose to recommend six projects to the Mayor and City Council for funding approval. 1. Public Projects: The successful projects were: 41L Me (a) Old Towne Clean Up -$2,436.00 was approved and $2,356.25 was the actual amount spent for rental fees for HHW collection, flyers, and T-shirts-, (b) Western Ada Recreation District Pool -$5,000.00 was approved and spent to -purchase benches and trash can enclosures made from recycled materials; and (c) Dog Park Task Force Fundraiser (an event which will promote recycling in addition to the future Dog Park) -$3,500.00 was approved and is scheduled to be spent in the spring of FY13 . 2. SWAC-sponsored Projects: SWAC sponsored the following projects: (a) Meridian Split Corridor Art Project - SWAC combined with the Arts Commission to support the Split Corridor Arts Project with a CRFP SWAC-sponsored award of $20,000.00 scheduled to be spent in FY13. City Council approved funding agreeing that the environmental -recycling theme of the Split Corridor Arts Project is a perfect fit with the purpose of the CRFP; (b) "Meridian Recycles!" reusable bags- $7,000.00 was approved and $6,958.80 was spent to purchase 5,000 bags for promotional purposes. On April 21 St, 3,400 reusable bags were distributed to the community at four grocery store locations by volunteers from MVAC, SWAC, and Republic Services. There was also opportunity for new sign-ups to the residential curbside recycling program. By all accounts it was a successful day. The remainder of the bags was allocated to the Environmental Division and Community Liaison Representative for promotional opportunities, and City staff as appreciation gifts; and (c) Settlers Park Recycling Container Pilot Program -$16,000.00 was approved and $13,501.20 was spent to install twenty permanent recycling containers at Settlers Park. This project has been overwhelmingly successful especially because Republic Services generously agreed to return a percentage of revenue received to the C similar to the residential curbside recycling program. SWAC in conjunction with the Parks Dept and Republic representatives will begin evaluating which City park to take the program to next and will advise City Council accordingly. 3. Secondary Market(s): The secondary markets have been in a cooling trend since 2nd quarter. No residential curbside recycling revenue has been returned to the CRFP for the months of August - October 2012. SWAC will continue to monitor market trends and manage the CRFP accordingly. 2012 SWAC Annual Report 2 �07 VWWIVOMV,� W The beginning balance is $69,277.09 of which $23,500.00 has been approved for distribution on the Arts and Dog Park projects leaving $45,777.09 available for new projects. SWAC improved the forms, application and award time frames, and process to better assist the public through the application process. The "open window" to submit applications for Y13 runs from November 1 -December 31, 2012. SWAC will not begin reviewing applications until the application submittal window closes. SWAC will rank the applications and recommend to City Council for funding approval those which best fit with the CRFP's purpose and selection criteria. D. Commercial Recycling Committee: In late April, at the request of Western Recycling, City Council asked SWAC to form a committee to review the status of the City's commercial recycling program and if appropriate, to develop a commercial recycling exemption that balances the competing interests of the City's solid waste franchisee and those of independent recyclers wishing to engage in commercial recycling activity within City limits. The committee, chaired by Commissioner Steve Cory, and comprised of representatives from SWAC, City Environmental Division, Republic Services, CINTAS,, United Metals, North American Recycling, and Western Recycling, met seven times. The group unanimously approved a drafted exemption at its meeting on October 23, 2012. The draft will be presented to SWAC for consideration at its November 28 meeting. Ultimately, it will be presented to City Council for consideration as appropriate. During the committee's work, members toured PC Recycler's electronic waste recycling facility in Meridian and Western Recycling's recycling facility on Cole Rd in Boise. E. Commission Business -other: Throughout the year, other Commission business included: 1. Monitoring the developments related to the Dynamis Waste- to -Energy project at the Ada County Landfill and reporting to the Mayor and City Council as appropriate; 2. Monitoring the progress and developments related to changing from the current volume - based (per cubic yard) tipping fee system at the Ada County Landfill to a weight -based (per ton) fee system and reporting to the Mayor and City Council as appropriate; 3. Analyzing participation rates of different geographic residential sections of our city in order to learn and target where the need to promote recycling is greatest; 4. Analyzing and recommending approval of Republic's proposed FYI 3 Annual Rate Adjustment Report to City Council; 5. Receiving citizen input on a variety of issues including noise related to early AM collection times at schools.) the timing of the Fall Leaf Program, and litter control. SWAC and Republic have worked with citizens and City staff to improve service when possible. For example, the Fall Leaf Program was extended to 3 weeks and school trash containers .?-re being refitted with plastic lids to reduce no ise; and 6. Receiving citizen presentations during the year, one on textile recycling by Gem Text Recycling and the other from several junior citizens on the need for more trash cans on street comers to reduce litter. 7. Supporting the Meridian Environmental Excellence Award Program by supporting staff recommendation to to City Council that Hunter Elementary School, Zamzow's, and Ms. Nancy Mann each receive the Superior Accomplishments Promoting the City's Vision of Environmental Stewardship Award for 2012. F. Commission Business- going forward: 1. Monitoring the developments at the Ada County Landfill with regard to the Dynamis Waste -to -Energy Facility and the potential impact on rates based on the change to scales at the Ada County Landfill and updating the Mayor and City Council accordingly; 2. Continuing to develop the City's commercial recycling exemption to the Solid Waste Ordinance-, 3. Continuing to expand the C by sponsoring projects, advertising the C to the public, and processing, selecting, and recommending to City Council project applications which fulfill the purpose and requirements of the program; 4. Filling the Youth Commissioner seat and expanding the role of the Youth Commissioner to coordinate with MYAC the planning of opportunities to promote recycling in the community; 5. Continuing to research and learn more about glass and other recycling opportunities, including yard debris composting; 6. Assisting in the development of a City electronic waste recycling program, thereby diverting hazardous waste from the landfill, yet also administered in comport with the City's Purchasing policies; 7. Monitoring the progress and development of the Pilot Compost Project (Biosolids); and 8. Supporting the scope of the Meridian Environmental Excellence Award to include, businesses, schools, non -profits, and individuals. In conclusion, it has been a productive year for SWAC. We continue to learn as a Commission and look forward to even greater productivity in the year to come. 2012 SWAC Annual Report 4 LSI:Km D 'Am TE: Februa�y 26, 200" 13 IT EM NUM"'12 7A E PROJECT NUMBER's FP 13-006 ITEM TITLE.- Mulberry Subdivisior FP 13-006 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of Meridian Road and W. Ashby Drive Request: Final Plat Approval Consisting of Five (5) Multi -Family Residential Building Lots on Approximately 2.4 Acres of Land in an R-15 Zoning District MEETING NOTES ... . .... lip iligpi pii ig 1177-11111,171 q In"'W, CLERKS OFFICE FINAL ACTION DATE: E-MAILED T® STAFF SENT T® AGENCY SENT T® APPLICANT NOTES INITIALS 0 DATE February 26, 2013 ITEM UMBERE 8A Ordinance No. 12-1510A® An Amended Ordinance of the City of Meridian Granting Annexation and Zoning for Two Parcels on Land Known as Spurwing Challenge (AZ 11- 005) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACUON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT T® APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 'AMOUNT .00 BOISE IDAHO 02128/13 08:57 AM DEPUTY Gall Garrett 111 RECORDED REQUEST OF 113021827 1 1 1 CITY OF MERIDIAN AMENDED ORDI'N*-'*- BY THE CITY COUNCIL.* BIRD, HOAGLUN, ROUNTREE, ZAREMBA jjllll� 1111''ll''lllililillillililill 1!11111 WWI Q , "01 - mill SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" arewi 1*th*n the corporate limits of the City of Men" dian,, Idaho,, and that the City ®f Meridian has received a written request for annexation and re- zoning by the owner of said property, to-Wi0t: The Club at Spurvin, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District), in the Men*di'an City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. A V 0 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 Meran to annex and re -zone said F�,MENDED ANNEXATION ORDINANCE (A-12-1510)—SPURWING CHALLENGE (AZ -11-005) Page 1 of 3 SECTION 5. That the City Enine eris 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 Citv of Meridian 'in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith ar* herebv repealed, rescinded and annulled. W - SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the d c® of this ordinance and a map prepared in a effective date ®f this ordinance, duly file a ceirtfieW draftsman manner, including the lands herein rezoned, with the following officials of the County ®f Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file Comm simultaneously a certified copy ®f this ordinance and map with the State Tax ission ofthe State SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the fall Council, the rule requiring two (2) separate readings by title and one (1) readin'N (n full be and the same is hereby, dis ensed with and accordingly, this Ordinance shall be in full 5 p 0 force and effect upon. its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF Ii, IDAHO, this Q(, day of February, 2013. day of February, 2013. City'Of E DI _N 1 D A H 0 T AV" k1hVXAM Wk Bill �.Q, V U.k '1f /�A.Si d.�...� , �Oue�n.�3- q11111 Ir p 11112f ITKIIISIDEM,ar STATE OF IDAHO, ) ss: County of Ada ) Onthis2& dayof 2013, before me, the undersigned, a Notary Public in ! for s i, State, personally appeared T_ MMY d_ WEERD and JAYCEE known to me to be the Mayor i" City Clerk, respectively, of the City of Meridian, Idaho, and executedwho the within instrument,s acknowledged • hereuntoUN WITNESS WHEREOF, I have set my hand and affixed my official seal the dayand yearabove (SEAL) l t�� , =e U s: WO -T RY PUBLIC`fO H RESIDING AT: kleyd I& y� MY ISI I ,�L February 12, 2013 Page I of 2 WIRI Sol NN QuadranJ Consultingo Incl A parpel being a portion of Lot 78, Block I of SpurMng Subdivision recorded in Book 69 of Plats at Pages 7104 through 7108 and a portion of Lot 13. Block I of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the Southwest 1/4 of the Southeast V4and in a poi son of the Southeast 1/4 of the Southwest 1/4 of Section 23 Townsh1P ' 4 1 > North,, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 23,'24, 25 and 26 of said Township and Range; thence alwig the section line common to said Sections 23 and 26 North 89'3847" West 2596.97 feet to the POINT OF BEGINNING; thence continuing along said section line North 89°38'47" West 33.00 feet to the south quaiter comer of said Section 23 thence continuing along said section line I North 89'1 1 !21 " West 643-13 feet; thence departing from said section line 91 North 00"4839" East 39.83 feet to a point on the westerly right-of-way of North Spurwing Way; thence along said westerly right-of-way the following five courses: 78.54 feet along a curve to the left, said curve having a radius of 50.00 feet, a delta angle of 89'59'56-" and *a long chord bearing North 45'48'56" East 70.71 feet; thence North 00'4856" East 120,00 feet; thence . North 02'08'52" East 215.06 fee; the'llce North 00'4856" East 417.11 feet; thence 189-49 feet along a ctwve to the left, said curve hav'ing a radius of 408.00 beet, a delta angle of 0111 26 J6`35" and a long chord bearing North 12'2921"3 West 187.79 feet; thence, departing from said. westerly right-of-way al South 89'11'04" East 98.76 feet to a point on the northerly right-of-way of North Penneross Way; thence along said northerly right-of-way the following two courses South 89'11'04" East 131.03 feet; thence 1904 W. Overland * Boise, ID 83705 o Phone (208) 342-0091 % Fox (208) 342-0092 a wwwqvadrant.cc Civil Engineering @ Surveying MM Quadrant Annaxatiol-i Property Consul ing. h c. F6brOry 12., 201-3 Page zpf2 48 1.22 fe'd aloi�g -a curve -to theleft,:sdid curve hav �-4radiys.pf.325*-.00 feet a- delta •.aiigl C. Of e et Q a 11i Sze.. 4°50109"ohd a long-�46rd b, "'N' th480 3)51-"E�A43.8-45-fe.' t, the I bit. noi of theSotith 1/2 of :the South, 1/2.of Section 23 thene.e :dep wig from said northerly ri&-Of- Y g nbAh lirewid'Albn' d -' 0 -189041'45" East 374.50 feet; thence S.Out h.10Q'?2TQ9" West 48.0, 00 1eet;:thenee North 89.041.45" West 272.0.0 feet.; thence South 000 27' -09" West 84L.06 ed to the -POMT OF]BIE GINNING. Said' Patcelcbntains 18.9.0 acres, inore or less. Parcel 2 Lot 53, Block I of $p-grWi iSfibdivis- io , •e"c' ded iii the 'e. &.1he Ada Couht Record a' or C 0. c 0 er S y Instrument N -Limber 9544S7d3, Said Pa*rcel 2..coniains 12-,A 9 acres, raote or lem The total a'r*ea'o'f Pa*"Obls* I -and 2 com"bined..'s 3: Macres more.orless. Parcels* � 480.0701 00 00 ' Ul 0. \WORK&[]EpT. co _ IN 7-9 oc co ZI Ln co p co OD rq 480.0701 R PROVAL 00 00 ' Ul 0. R PROVAL ' \WORK&[]EpT. _ F� 7-9 .1rOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) An Amended Ordinance of the City of Meridian granting annexation and zoning for two parcels on land, one being a portion of Lot 78, Block I of Spurwing Subdivision recorded in Book 69 of Plats at Pages 7104 through 7108 and a portion of Lot 1, Block I of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786 and one being Lot 53, Block I of Spurwing Subdivision., recorded in the Office of the Ada County Recorder as Instrument Number 95045763, all of which is situated in a portion of the South 1/2 of the Southeast 1/4 and in a portion of the Southwest 1/4 of Section 23, Township 4 North, Range I West, Boise, Ada County, Idaho. These parcels contain 31.09 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City all, City of Meridian,) 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 52013. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: WTATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. Al2-1510 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 Amended Ordinance No. A 12-1510 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 , 2013. William. L.M. Nary City Attorney pill 111 1 1 ! 11 A DA061wE: February 26, zui j ITEM NUMBE.Rw 8 B% Second and Third 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 MEETING NOTES FUNMOM 1 11 1 IBM DATE: E-MAILEDTO STAFF SENTTO AGENCY SENTTO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 13... 145cl 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 agencie citizens, and organizations, to advise the Mayor and City Council in matters related to transportation and traffic safety; and I 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. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL 01 THE CITY OF MERIDIAN, IDAHO.- I Section 1. That Title 2, Chapter 3, of the Meridian City Code, is repealed and replaced t® read as follows: ESTABLISHMENT. - 1111111 !!1 1 F 'I " Im A � I mN 11111111MIF11r; 11 1vir � w , i iL nere 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 Long Range Vision/Plan. 6. Review and make recommendations to city council on the annual budget and Five Year Work Plan (FYWP) prepared by the ACHD. 7. Review and make recommendations to city council on rules and regulations related to speed limits. ORDINANCE ESTABLISHING TRANSPORTATION COMMISSION - PAGE 2 OF 4 eview and aka taco -i enations to the city council regarding public transportation, zs mmmd 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 (1 8) 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 #2 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 I JLJ. Vacancies: Vacancies shall be filledin 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. MEETINGS. - The transportation commiss ion shall convene regular meetings at Meridian City Hall, 3 3 East Broadway Avenue, MeridianIdaho., 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. February,2013, cc � . (2-C � ,�pJED41_' 1' 0 0 sal City Of E IDIAIST *,-.., SEAL Kl�?1911he ORDINANCE ESTABLISHING TRANSPORTATION COMMISSION - PAGE 4 OF 4 11h DATE.Mw Februa�y 26, 2013 ITEM NUMBER. ��w W1 ITEM TITLE: Isola Creek Ordinance No. t 3' 15qf$ : An Ordinance (AZ 12-008 -Isola Creek Subdivision) For Annexation Of A Portion Of Land Located In The SW 1/4 0f Section 35, Township 4 North, Range I West, and Annexing Certain Lands and Territory, Establish-ing and Determining the Land Use Zoning Classification Of Said Lands From RUT To R-4 (Low Density Residential District) In The Meridian City Code MEETING NOTES mall M lim'1111�!It ir CLERKS OFFICE FINAL ACVON DATE: E-MAILED TO STAFF SENT To AGENCY SENT T® APPLICANT NOTES INITIALS rr"'ITY BE IT ORDAINED BY THE MAYOR AND x HE CITY COUNCIL OF THE u 0 OF MERIDIAN9 COUNTY OF ADA, STATE OF IDAHO* SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" 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® by the owner of said property, to -wit.- Leonard Husky Estate. SECTION 2. That the above-described real property is hereby annexed and re -zoned from a *dent*al District), in the Meridian City Code. RUT to R-4 (Low Density Resi 1 0 SECTION 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. SECTION5, 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. iWal SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescincieci and annulled, after it ga SECTION 7. This ordinance shall be in full force and effect from and s passa,, I approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, 'including the lands herein rezoned, with the following officials of the County of Ada,, State of Idaho, to 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 SECTION 9. Thatpursuant 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 %-.1 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, IDAH09 this 92013. 2.10 day oi 4ti APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN9 IDAH09 this 2( day of 2013* ANNEXATION —ISOLA CREEK SUBDIVISION (AZ 12-008) Page 2 of 3 STATE OF IDAHO, ss: County of Ada 2013 , before me, the undersij4ned, a Notary Publ ic On this day of in AN and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLM,, 4 -rt known to me to be tl-ie Mayor and City Clerk, respectively, of the City of Meridian, maho, and 12 0 0 *ty of enteridian executed who executed the witnin instrum, Mand acknowledged to me that the Ci. the same. f al IN WITNESS WHEREOF�, I e have hereunto set my hand and af ixed my official se th day and year first above written. ttli RY PUlb-AUO RE IDING A. My COMMISSION EXPIRES: L L . E ANNEXATION —ISOLA CREEK SUBDIVISION (AZ 12-008) Page 3 of 3 F," Legal Description for AnnexatioU Hwkey Property es n.- 1205 07 -AH uskzit.-�y Aminee-Ka- O -n.--- D COX Pti 0 -x Isola Creek —AZ 12-008 V --fly boundary and the a Th-ence N 00 c4531'07"' E (formetly N 00,= 5 -IT E) -along a -id wette - tanco o f 77-4,06 Metid(onviGit P'S ., . ud e "Agan CoRty- avingAha a. sfing M rg Thente "In-Unt N; 3 0 y -0 Urnit s bouin dary,, o d I'sta-m- ce- at' 66M 78- fa -at to the P..Ol* NT, - F BE. GINN mMVIAN PUBU WORK D-S*PT, Isola Creek —AZ 12-008 Room, mi, m *3 M I rte. vi - yis 4= MOM IMAN "f I IMIN m n 7 i4r_ J, f7lt� MJ w I� w QA- Zj 7"._7 7-: J1tiff'./ yi 4 1 Nll_q� /C q pi. X -74= N_ XsA C 51 ON. SO -YPR HUSKE P PROPOSE q �h.Jf 4 fA1;W CoN D Isola Creek — AZ 12-008 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a portion of land located in the SW 1/4 of Section 35, Township 4 North, Range I West, Boise, Ada County, Idaho. This parcel contains 74.53 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City all, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2013. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: 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 NO. 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- 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 .12013. William. L.M. Nary City Attorney 01 ILI% Of A1,11, KOH 7Z 11 "AAMAL Dti m V� A m I m FebruaLv 26 zu 13 ITEM NUMBER. Future Meeting Topics CLERKS OFFICE FINAL ACTION DATE: E-MAILS® TO STAFF SENT To AGENCY SENT' To APPLICANT NOTES INITIALS Februa�y mwlmEm DA26 2013 ITEM NUMBERm w I N 1 OA Executive Session Per Idaho State Code 67-2345 (1) (d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code MEETING NOTES :1 • p1mili irl CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENTTO APPLICANT NOTES INITIALS