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2013-05-07E IDIAN-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 07, 2013 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of April 16, 2013 City Council PreCouncil Meeting B. Approve Minutes of April 16, 2013 City Council Regular Meeting C. Approve Minutes of April 23, 2013 City Council PreCouncil Meeting D. Approve Minutes of April 23, 2013 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: VAR 13-001 Knightsky Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) F. Findings of Fact, Conclusions of Law and Order for Approval: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Agreement (Instrument #108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions Meridian City Council Meeting Agenda — Tuesday, May 07, 2013 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for Approval: PP 13-005 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Preliminary Plat Consisting of Four (4) Single Family Lots and Two (2) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts H. Findings of Fact, Conclusions of Law for Approval: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a C -C (Community Business) Zoning District I. Findings of Fact, Conclusions of Law for Approval: AZ 13-002 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the R-2 (Low -Density Residential) Zoning District J. Findings of Fact, Conclusions of Law for Approval: PP 13-006 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Preliminary Plat Approval Consisting of Sixteen (16) and Single Family Residential Lots and Five (5) Common Lots on Approximately 9.76 Acres in a Proposed R-2 Zoning District K. FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi -Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District L. FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single -Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District M. FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty -Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District Meridian City Council Meeting Agenda — Tuesday, May 07, 2013 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty - Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R-15 Zoning District O. FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District P. FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty -Eight (48) Single - Family Residential and One (1) Multi -Family Residential Building Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts Q. FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 R. Approval of Task Order 10371.a for "Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22" to GSI Water Solutions, Inc. for the Not -To -Exceed Amount of $53,100.00 S. Sewer Main Easement for Concept Investments, LLP (Tates Rents), 203 S Main St. T. Recreational Pathway Easement Between Bridgetower Owner's Association and the City of Meridian U. License Agreement Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding the Ten Mile Stor-It Recreational Pathway on the Ten Mile Drain V. Paramount Sub. 22 Multi -Use Pathway Pedestrian Easement W. Lease Agreement for Concessions Operations at Settlers Park Between All Cad North West, LLP and the City of Meridian 6. Action Items Meridian City Council Meeting Agenda — Tuesday, May 07, 2013 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Public Hearing: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single -Family Residential Dwelling Units on the Site Approved with Conditions B. Public Hearing: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Grove Road Request: Preliminary Plat approval Consisting of 26 Single -Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District Approved C. Public Hearing: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) Approved D. Public Hearing: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi - Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District Approved E. Public Hearing: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development Approved with Conditions F. Public Hearing: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O -T (Old Town) Zoning District Approved G. Public Hearing: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot Approved 7. Department Reports Meridian City Council Meeting Agenda — Tuesday, May 07, 2013 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Mayor's Office: Resolution No. 13-922: A Resolution Appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission Approved B. Continued from April 16, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion Continued until May 21, 2013 C. Fire Department: Donation of Self -Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center D. Fire Department: Resolution No. 13-923: Donation of Self -Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center Approved E. Public Works Department Report: 8th Street Improvement Project 8. Ordinances A. Ordinance No. Proposed # 13-1555 (number not assigned): ZOA 13- 001 Unified Development Code (UDC) Text Amendment by City of Meridian Community Development Department Request: Text Amendment to Certain Sections of the UDC Pertaining to Block Length, Multi -Family Parking, Storage Facilities, Bicycle Parking Facilities, Street Knuckles and Other Miscellaneous Clean -Up Items Continued until May 14, 2013 B. Ordinance No. Proposed # 13-1556: An Ordinance Amending Title 1, Chapter 7, Section 5, paragraph (A) (1) of the Meridian City Code, Regarding Time of the City Council Regular Meetings; and Providing an Effective Date Approved 9. Future Meeting Topics None Adjourned at 8:58 p.m. Meridian City Council Meeting Agenda — Tuesday, May 07, 2013 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 7, 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May 7, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons, Scott Colaianni, Mark Niemeyer, Tom Barry, Warren Stewart, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and welcome all of you to the regular City Council meeting. For the record it is Tuesday, May 7th. It's 7:05. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gordon Slyter with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter with the Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Slyter: Yes. Thank you. Let's pray. Father in Heaven, again, we thank you for the opportunity to gather together in a safe and a civil environment. Lord, we remember parts of our country that have been through trials recently from Boston to Texas, storms in the midwest. Lord, would you be with those who are our national neighbors and, again, we thank you, Lord, for our many blessings in our community here in Meridian. Thank you, Lord, for your faithfulness as the foundation of our civic life together and our individual lives and tonight we pray that you would give wisdom and guidance and respect and understanding to those who hear the issues that come before our city and make the decisions that will guide our lives together. Thank you for these things we pray and for your blessing in every way, in Jesus' name, amen. Meridian City Council May 7, 2013 Page 2 of 46 Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of changes to tonight's agenda. Under Department Reports, 7-A, that is Resolution No. 13-922. 7-13 staff would like to continue this until May 21st, 2013. 7-D, Resolution No. 13-923. 8-A, Ordinances, staff is requesting this be moved to May 14th for the Council to take up. And 8-13 is Ordinance No. 13-1556. Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of April 16, 2013 City Council PreCouncil Meeting B. Approve Minutes of April 16, 2013 City Council Regular Meeting C. Approve Minutes of April 23, 2013 City Council PreCouncil Meeting D. Approve Minutes of April 23, 2013 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: VAR 13- 001, Knightsky Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) F. Findings of Fact, Conclusions of Law and Order for Approval: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Meridian City Council May 7, 2013 Page 3 of 46 Agreement (Instrument #108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions G. Findings of Fact, Conclusions of Law for Approval: PP 13-005 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Preliminary Plat Consisting of Four (4) Single Family Lots and Two (2) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts H. Findings of Fact, Conclusions of Law for Approval: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a C -C (Community Business) Zoning District Findings of Fact, Conclusions of Law for Approval: AZ 13-002 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the R-2 (Low -Density Residential) Zoning District J. Findings of Fact, Conclusions of Law for Approval: PP 13-006 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Preliminary Plat Approval Consisting of Sixteen (16) and Single Family Residential Lots and Five (5) Common Lots on Approximately 9.76 Acres in a Proposed R-2 Zoning District K. FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi - Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District L. FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single -Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District Meridian City Council May 7, 2013 Page 4 of 46 M. FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty -Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District N. FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R-15 Zoning District O. FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District P. FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty - Eight (48) Single -Family Residential and One (1) Multi -Family Residential Building Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts Q. FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 R. Approval of Task Order 10371.a for "Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22" to GSI Water Solutions, Inc. for the Not -To -Exceed Amount of $53,100.00 S. Sewer Main Easement for Concept Investments, LLP (Tates Rents), 203 S Main St. T. Recreational Pathway Easement Between Bridgetower Owner's Association and the City of Meridian Meridian City Council May 7, 2013 Page 5 of 46 U. License Agreement Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding the Ten Mile Stor-It Recreational Pathway on the Ten Mile Drain V. Paramount Sub. 22 Multi -Use Pathway Pedestrian Easement W. Lease Agreement for Concessions Operations at Settlers Park Between All Cad North West, LLP and the City of Meridian De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Still checking to make sure I didn't miss anything, but did not. I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, I would like to take a moment of silence. We did lose one of our Meridian residents recently on May 4th in Afghanistan and that was Thomas Page Murdock and he was here from Meridian and I know that one of his relatives is an employee here at the City of Meridian. We are flying our flags at half staff in his memory. But if we could take a moment of silence I would appreciate you giving some prayers up to his family and in his service to our country. Thank you. Item 6: Action Items A. Public Hearing: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single -Family Residential Dwelling Units on the Site B. Public Hearing: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Meridian City Council May 7, 2013 Page 6 of 46 Grove Road Request: Preliminary Plat approval Consisting of 26 Single -Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District De Weerd: Okay. With that Item 6 is under Action Items. We will go ahead and open the public hearing on Items A and B, public hearing MDA 13-001 and PP 13-002. 1 will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a development agreement modification. The second request is for a preliminary plat. This site consists of 4.38 acres of land. It's currently zoned R-15 and is located at 300 South Locust Grove Road on the east side of Locust Grove just south of Franklin. The application requests approval of a modification to the existing development agreement to allow for the development of single family residential dwellings on the site, rather than a multi -family development as previously proposed and approved. A preliminary plat consists of 26 single family residential building lots and four common other lots is also requested. The propose plat conforms to the dimensional standards of the R-15 district and density desired in mixed use community designated areas. The applicant proposes to convert the entry street, Kalispell, you can see right here, off of Locust Grove, which is constructed to private street standards, to a public street and stub it at the east boundary for future cross -access -- excuse me -- access and interconnectivity. Private streets are proposed for the loop road connecting to the proposed public street. Approval of the proposed plat is contingent upon ACHD's acceptance of the private street Kalispell as a public street. ACHD staff is in support of converting Kalispell to a public street. However, the commission action is required to do so. One of the required findings that the director has to make in order to approve a private street is the design has to create a common MEW or a limited gated residential development. Private streets aren't intended for a single family residential development. However, because the streets already exist and because the R-15 zoning district doesn't have a minimum street frontage requirement, staff has approved the private streets contingent upon gates being installed at the entrance to the private streets in accord with the afore -mentioned finding, which would be approximately 50 feet in on the private street, about in here where the gates would be required. Staff is not necessarily in favor of the gates, but code requires it as a finding. A seven foot wide pathway exists through the common area and extends to the east side of the Five Mile Creek, as you can see here, where a multi -use pathway is planned. Staff recommends the developer provide a public use easement for the section of the multi -use pathway on the east side of the creek. Six foot tall vinyl fencing exists around most of the perimeter of the subdivision. The remaining fencing to be constructed adjacent to the common area is required to comply with the Unified Development Code, which is four foot tall if solid material is used or six foot tall open vision material is used. Conceptual building elevations have been submitted for this development as shown. The Commission recommended approval of the subject preliminary plat. Matt Howard testified in favor of the application, as did Orson Woodhouse. No one testified in opposition or commented. Written testimony was received from Matt Howard in agreement with the staff report, Meridian City Council May 7, 2013 Page 7 of 46 who is the applicant. Key items of discussion by the Commission was the conversion of existing private street to a public street. The financial burden on the residents for the maintenance of private streets and the UDC requirement for gated entries to the private streets in the absence of a design that creates a common MEW. Commission changes to the staff recommendations. As requested, the applicant and at staff's recommendation strike condition number 1.1.2 requiring the pathway to be extend to the north and south property boundaries on the east side of the Five Mile Creek due to the topography in this area. Secondly, at the request of the applicant and staffs recommendation, modify condition number 1.17 to allow the existing fencing adjacent to the common area that is owned by the adjacent property owners to remain. The rest of the fencing around the common area would be constructed to UDC standards. The only outstanding issue for the Council is the UDC required a gate to be installed at the entrance to the private streets. The applicant requests this cannot be stricken. That's condition number 1.15. There has been no written testimony since the Commission hearing on this application. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here this evening? Do you have any comments? If you will, please, state your name and address for the record. Howard: Matt Howard. 1854 East Lanark Street in Meridian. De Weerd: Thank you. Howard: I just wanted to touch briefly on some of the key issues that staff has mentioned there, some of the discussion that we had with the Commission. First dealing with the conversion of the private street Kalispell to a public street. ACRD, as staff indicated, is in favor of that, but requires a hearing and reached out to ACHD yesterday and it looks like we are going to be on the agenda for May 22nd. So, that issue should be resolved. The other topic with the Commission was the financial burden on the residents for the maintenance of the private street. So, I did a little research to get a feel for what type of maintenance the residents of that subdivision may encounter with the private streets, since it would be the homeowners' responsibility. In talking with the paving companies the consensus was that the two things that would need to be done on a fairly regular basis as far as maintenance goes would be seal coating and crack sealing and they estimated that those things typically take place about on a three year cycle for this type of subdivision and they estimated that the cost for both of those items would run about 3,500 dollars. So, approximately every three years there would be about a 3,500 dollar expense. So, over the 26 lots in that subdivision that's a little over three dollars a month per lot. So, it's fairly minimal as far as any financial burden goes. And, then, the other item is the gated entry. We had a lot Meridian City Council May 7, 2013 Page 8 of 46 of discussion about that with the Commission and had a lot of discussion with staff. We are limited with options on that, because the UDC requires the gated community on the private streets and we have asked that that condition be stricken. I don't know that there is any flexibility to do that with the way the code is written. So, in absence of being able to remove that restriction we would ask that the Council allow the developer to bond for the gates in order so you get time for there to be an opportunity for staff to look at options at changing that code requirement, which would give the Council more flexibility in determining when those gates are appropriate, because I think it's fairly obvious that gates inside of this small development would be counterproductive. Those are the only comments that I had. Any questions for me? De Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have one. This probably includes staff as well and it's the question about extending the pathway that goes along that arm or section to the east. My recollection was that that pathway was there in order to connect to a multi -use pathway that's planned somewhere near Five Mile Creek and if the question now is -- is to have the pathway roughly down the center line of that stripe, but not connect to the property lines, then, that doesn't complete the multi -use pathway that's going to be there. So, I'm questioning that question, I guess. Why would you not connect it to what's eventually going to be a multi -use pathway -- multi -use pathway there? Howard: You are correct. The pathway is existing and -- as are the streets and so we got the pathway that extends down that east side of the property and it does connect to a ten foot wide path on the Five Mile Creek access. There is one small portion of that on the south end there where it doesn't completely connect to the property line and I don't know if you can see the topography here, but the reason for that is because there is a significant drop right there at the end of where that path is currently constructed to the property line and to be able to connect to the southern property line it would need to be ramped up from the opposite side and so that's why when it was initially constructed that's why it didn't completely connect. But it's positioned to do so and certainly can have an easement or something there to insure that as that half develops in the future that there will be full connectivity there. Did that answer your question? Zaremba: It does. I can understand the -- the issue. I'm just thinking in the future to make that connectivity I can understand that something has to happen on the adjacent property, but once it does, then, there is about a four or five foot gap. Is there some way to give an easement that would allow -- if it ends up being our parks department to come on your property and say, okay, we are going to complete those five feet once the neighboring property is -- Meridian City Council May 7, 2013 Page 9 of 46 Howard: I think that is the solution to that. Zaremba: -- is there something like that that we can do? Watters: Yeah. Mayor, Councilman Zaremba, we are requiring that they provide a public pedestrian easement for that pathway, so -- Zaremba: Okay. So, then, the question is ten, 20 years from now who paves that last few feet? Watters: Right. Zaremba: Okay. Watters: But without doing significant work to the property to the south to build that area up it's just not feasible at this time. Zaremba: I can understand that. Thank you. De Weerd: Okay. Anything further from Council? Bird: I have none. De Weerd: Okay. Thank you. Howard: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on either of these two items? Council, any further questions for staff or the applicant? Bird: I have none. De Weerd: Hearing none, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to discuss gates? I don't really have an opinion one way or the other, but I'm -- it's something we need to answer. De Weerd: Probably would be good before you close the public hearing in case you had a question for the applicant. Meridian City Council May 7, 2013 Page 10 of 46 Zaremba: I didn't remember that we had such a requirement. I can see the reasoning for it if it were a street that connected different public streets, but since this is a u -shaped street that's not likely to gain a lot of through traffic on it -- public through traffic, I don't necessarily feel tied to the requirement to have gates there. I think that could be an exception. Is there something I'm missing about why that requirement exists in the first place? I didn't even remember that it existed. Watters: Typically private streets are not intended for single family residential developments, so that's part of the issue. But there is a lot of unique circumstances on this site that, you know, the applicant is going for single family residential. De Weerd: So, does the code allow the latitude to waive that requirement? Watters: I think that would be a question for Mr. Nary. Nary: No. De Weerd: Wow. Nary: There is no -- there is no waiver provision of ordinances, so, Mayor and Council, I mean you -- I think that the applicant's solution is bond for it -- I think -- if I recall -- and I don't think they decided that, but they discussed it at the Planning and Zoning Commission, of requiring gates that actually didn't close to be technically in compliance, but that seems kind of ludicrous. So, I think the suggestion that maybe we process an ordinance change, they bond for it, so that if it doesn't happen there is still the ability to construct it and, then, they can get a final plat signed and, then, we consider an ordinance change that gives you at least the ability to waive it and whatever the findings need to be and I think Councilman Zaremba and the planning staff have really identified this clearly where it could be waived and would make sense, we just don't have any mechanism in our ordinance to simply just not require compliance. De Weerd: Okay. Mr. Nary -- so, if they bond for it is there a trigger point that either the gates are put in or the bond is used? But I -- we don't want it hanging out there indefinitely. Nary: Madam Mayor, Members of the Council, I don't know -- maybe Caleb might have a suggestion. I don't know if you want to tie it to some level of development where that decision has to be made or put a time limit on it. I don't know which would make sense. But if the direction is you would like to see an ordinance change and, then, allow this to be basically held that way, so that we could process that, that might be the best way to go, unless you have a suggestion from planning. Hood: Madam Mayor, Members of the Council, on that note I guess I don't want to predetermine that an amendment for our code is going to be approved. That's my concern with this. We certainly can work with the applicant if that's a condition of approval that they bond for the gates, that's fine. Typically something like this we can -- Meridian City Council May 7, 2013 Page 11 of 46 we can hold until a C of O is needed for homes in there or 50 percent or 75 percent of the lots -- you can pick a number and we can hold it until the very last lot. I am a little concerned as Sonya mentioned that private streets really aren't intended for single family residential, so I hate to change our code for the one exception to the rule. I do -- I agree with Sonya that in this circumstance it doesn't make a whole lot of sense, but I don't think that was the intent of private streets. You don't really want to encourage additional private streets and the gate -- it doesn't necessarily preclude somebody, but it's not the intent of wanting to do a private street and a gate, the type of development we were looking for when we allowed those just a few years ago in the UDC, so -- Sonya is looking something up, so -- Watters: I have something I would like to interject. Excuse me. Bill just brought something to my attention in our code that I wasn't aware of. Our alternative compliance section does allow for a request for alternative compliance to that section of code, to the private streets. So, that may be an option also. I'm not sure what the alternative would be, but that would be on the applicant to submit an application for that and make their request. Hood: Madam Mayor, just to follow that through to the alternative compliance. It is, essentially, what Sonya mentioned, something we do at the staff level. The applicant proposes something in lieu of this standard that basically meets the intent of the code. I wasn't at the Planning and Zoning Commission when this was discussed, but something that is a pseudo gate, maybe just some wings that make the appearance of a gated community without actually being a gate -- I don't know if that's something they'd like to do. They can propose something. We can work with them. I have full confidence, though, that we can -- that the applicant can propose something in lieu of the gates in this case. I'd much rather go through that -- that process in amending our code for this case and opening up the flood gates as it would be for other projects when we don't really want to see too many more private streets for single family residential, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: So, what maybe I'm visualizing in response to what you said is that at these two entry points into this horseshoe shaped street there might be a decorative pillar on each side of the street and maybe a little bit of decorative post -- or something that looks like two feet of fence next to it or something like that, but no need for a real gate. Hood: Madam Mayor, Councilman Zaremba, that's something just off the top of my head that I think -- Zaremba: It would be alternate compliance. Hood: Correct. So, we could consider it and I think Sonya -- Meridian City Council May 7, 2013 Page 12 of 46 Zaremba: Eventually it would separate that. As somebody was driving by they would say, okay, this is a separation, but it's not a real gate. That would work for me. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We haven't closed the public hearing. I'd like to hear from Mr. Howard on some -- if the alternative compliance issue is something that you would want to do, as opposed to waiting for us to do something versus anything else that -- De Weerd: And you don't need to design it tonight. Hoaglun: Right. Howard: That's good. De Weerd: Even though we have tried. Howard: My concern with an alternative compliance and my question I would have for staff regarding that would be -- one of the requirements is the 50 foot setback. So, the gate itself -- it's not that it would be at the exact intersection, it's set back 50 feet, so approximately it would be where those lines across the private roads are. So, it's -- it's not a clean division. We could certainly go that route. The other reason I would hope that staff may consider amending the code for this is in 2010 when the amendment was done changing private streets not being able to connect to arterial roads, there doesn't seem to be many situations where you're going to need to have a gate, because those private roads are only going to collection streets at a minimum. So, if there were a gate on Locust Grove, if this whole thing were private, that makes sense, but because arterial roads cannot connect -- or private streets can't connect to those arterial roads, I'm trying to think of a situation in which it makes sense to continue to have that requirement to have a gate on a private street when that private street is going to connect to a collector street. Does that make sense? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mr. Howard, it sounds like we have some serious questions that we need work through and I know time is money, especially in your game. It's very critical. Howard: Uh-huh. Hoaglun: Is there something -- do we need a week to work this out and is that something you would be okay with or do we need to maybe drop this down to the end of Meridian City Council May 7, 2013 Page 13 of 46 The agenda and, then, we can kind of hash this through after we go through everybody else's stuff, because this one is going to take some tweaking. But just your thoughts on a week delay, is that -- eh, you'd rather not do that or what? Howard: Well, naturally, I'd rather not, but whatever works best for the Council. We are open to whatever solution I think fits with the particular need here. Hoaglun: I mean we do have the option of doing a bond and moving it forward and talking to staff. Howard: And that would be my suggestion. Hoaglun: And we may just decide that maybe we don't change it and we have to come up -- you know, there will be an alternative compliance of some sort and what that will be we don't know, but you would work with staff on that. But otherwise we may do something and -- but that remains to be seen, so -- I mean I'm not -- I'm not opposed to saying, hey, bond for construction of the gates, put the money there in the account, move forward with the project if that's how the Council votes. I don't see any issues here on this particular project except for this. And, then, we can sit down and discuss with staff what we want to do, how we want to do it, and -- but then -- and I'd ask staff if you guys want to have any solutions or ideas right now -- Hood: Madam Mayor, if I can. For the Council and applicant. I would just ask whatever you do with the condition, maybe just leave all three options on the table, leave that condition so we can work it out, if you're comfortable approving a project not knowing if it's going to have gates or a bond or we go through alternative compliance and do some decorative things maybe looks like a gate or at least designates these streets as private. It could allow us a little bit if leeway to work that out behind the scenes, rather than coming back and I will point out this may influence the applicant's response, so it won't be one week, it will be two weeks, because next week is a workshop. So, would just ask that -- again, I think we can work through it with alternative compliance. It's a pretty simple process, but if they'd rather bond for it and work through some other options I'm willing to consider that, too, but -- Watters: If I could just add to that. You know, I think our code does allow for an out on this situation without an amendment to our code, since this isn't typically something we approve private streets for. With the alternative compliance we can change -- we can approve an alternative means of anything in that 3-F section, which does also speak to the 50 foot setback. So, I think we have got some wiggle room on this, unless Council isn't comfortable with going the alternative compliance route. De Weerd: Mr. Zaremba. And, then, Mr. Bird. Zaremba: My comment, actually, was going to be about that 50 feet. I can understand the necessity for that 50 feet if you're really going to have a gate there. I mean that's -- that's a safety issue -- Meridian City Council May 7, 2013 Page 14 of 46 Watters: Right. Zaremba: -- in how you deal with -- with traffic and my question was going to be that. If we are going to alternate compliance and it's just a couple pillars on either side of the road, that doesn't have to be 50 feet in, it would still be alternate compliance if it were closer to Kalispell. I'm comfortable with that. De Weerd: Mr. Bird. Bird: Caleb, I don't feel comfortable passing something without at least a bond or something. I would be in favor of requiring a bond at this point and, then, you can release it the minute you get the alternative done. I don't feel -- I don't want to pass something that we leave a real gray area there. With a bond that -- that makes sure that it happens one way or the other. Is that satisfactory with you? De Weerd: What is a reasonable time frame? Again, I think it should not be out there indefinitely and what is a reasonable time frame for the bond. Hood: Madam Mayor, we typically require those prior to the final plat or we could do it -- we could do it prior -- prior to the city engineer's signature of the final plat is typically when we line up all those things that haven't been installed with a project, we require the surety amounts -- the bonding amounts prior to us signing the final plat. De Weerd: Okay. You require the bond at that time, but then when -- when does the decision or the work or -- the decision be made? Hood: Madam Mayor, I think we can work this out in the next couple weeks, so well in advance of them probably even submitting their final plat. I mean if we just -- if we hit loggerheads we will go through that and they will have to install gates if we don't change the code or we will call on their surety and install it for them before occupancy of the homes in this project. De Weerd: Okay. Thank you. Any further comment? Howard: No. Thank you. De Weerd: Thank you. Okay. Council, any further information needed? Bird: I have nothing. De Weerd: Do I have a motion to close? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council May 7, 2013 Page 15 of 46 Hoaglun: I move we close the public hearing on Items 6-A and B. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of MDA 13-001 with the recommendations as made by the staff and agreed to by applicant in item one, striking condition 1.1.2. Also with the condition -- modify condition 1.1.7 as agreed to by applicant and staff's recommendation and under condition number 1.1.5, installation of gate, that the applicant post a bond for construction of the gates that would be released upon an alternative compliance agreement for said gates or the gate will be constructed -- need to be constructed before the signature of the city engineer on the final plat, if I understood that correctly that would be the appropriate time, so -- so, that's my motion to approve MDA 13-001. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the first item 1.1.2, essentially not requiring the pathway to extend, are we understanding that there is an easement there, though, that would allow that pathway to be completed when the neighboring property adjoins or -- Hoaglun: My understanding, Madam Mayor and Councilman Zaremba, it's part of the testimony and I think is part of the documentation that that is -- is in there. So, I'm satisfied with that. Zaremba: Thank you. Hoaglun: Got it covered. De Weerd: Thank you. If there is nothing further, Madam Clerk. Roll Call: Bird, yea, Rountree, yea, Zaremba, yea; Hoaglun, yea. Meridian City Council May 7, 2013 Page 16 of 46 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PP 13-002. Zaremba: Second. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) Approved D. Public Hearing: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi -Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District De Weerd: Item 6-C and D are public hearings on MDA 13-004 and CUP 13-002. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Gramercy Pride apartments. The site is located south of west -- or East Overland Road just west of East Accolade Drive. In 2006 this property was platted with the Gramercy development. It's currently zoned R-15 and the two properties total 1.38 acres. The applicant is here proposing a DA modification and a conditional use permit to develop 18 multi -family units. Lot 8, Block 3, is the northern lot that you saw there Meridian City Council May 7, 2013 Page 17 of 46 and that will have ten units and, then, the southern lot, which is adjacent to Gordon Harris Park is Lot 26, Block 3, and it will consist eight -- a total of eight units. Both the site plan and the landscape plan comply with the UDC as well. I would mention to you that the amenities planned for this development does consist of connecting to the adjacent pathways developed within the Gramercy development itself and also a condition of the project requires additional bike parking to meet an amenity requirement. The applicant is also proposing and seeking approval from the Gramercy HOA to use a portion of their amenity developed in that subdivision as well. Here is an exhibit that I prepared for you. So, currently developed within the Gramercy development we have a passive open space lot here and you can see how the ten foot pathway connects into the development and, then, runs along the Ridenbaugh Canal here and, then, as well as the pocket park or plaza developed within the Gramercy development and there is also a passive open space lot that was developed as well adjacent to the single family homes. It's my understanding that Corey Barton currently is the de facto HOA currently until this subdivision is built out. The applicant is required to provide that documentation with their CZC application to insure that the site amenities -- they have the right to use those site amenities. Elevations proposed for you tonight are pretty consistent to what was developed in the Gramercy project as well. There is a mix of building materials consistent with those units. The applicant has also provided again some of the existing units that are developed out there to demonstrate the flavor of what they are proposing out there. I'd also mention to you that no -- Planning and Zoning Commission did recommend approval of this application at April 4th hearing. The DA modification is primarily to allow the applicant to move forward with the development of this multi- family development. In 2007 there was a condominium project that was proposed for the two lots. That CUP has expired, but through an amended development agreement there were specific elevations that were tied to that property and so in order to comply with this site plan with a landscape plan and elevations before you this evening the applicant needs to amend that DA and that's really -- that would allow them to move forward with what I'm presenting to you this evening. Mrs. Becky McKay did testify in favor of the application. She did also provide written testimony in agreement with the conditions in the staff report. Also prior to the Planning and Zoning Commission Mrs. McKay did submit a revised site plan that complies with all of the conditions in the staff report that I showed you this evening as well. Key issues of discussion discussed at the Planning and Zoning Commission -- if I can back up here quickly. Commission discussed the screening requirements for the parking area that's adjacent to single family home lots that are platted -- Lot 26 they wanted to make sure that there was either denser landscaping or some fencing planned along there in order to keep headlights from obstructing or annoying the neighbors in the future. Currently those lots are vacant and owned by Corey Barton. Nothing -- right now he's still working with staff on appropriate elevations and home design for those lots at this time. And the other issue of discussion was -- if you look at what's happening there tends to be more multi- family units developing in there, rather than single family homes. So, Commission was getting concerned with that ratio how it would be integrating with those single family homes. Items -- or key changes to staff's recommendation -- again, other than those items they did not change any conditions of approval. Written testimony since the P&Z Meridian City Council May 7, 2013 Page 18 of 46 hearing -- there weren't any -- there wasn't any and to staff's knowledge there aren't any outstanding issues before you at this time and I'd stand for any questions you have. De Weerd: Thank you, Bill. Any questions for staff? Bird: I have none. De Weerd: Okay. Would the applicant have any comments? McKay: Madam Mayor, Members of the Council, Becky McKay. Business address 1029 North Rosario, Meridian. I'm representing the applicant on this. I came before you with a 48 unit multi -family project. It was small in nature. It had a small maintenance and rental office that's directly across the street from Mr. Hunemiller. He has purchased these two lots that were originally, as Bill indicated, planned for condominiums in 2007. So, we are asking this evening for a DA modification to allow these elevations to be substituted for the ones -- the condominium ones in 2007 and, then, these particular buildings are a small scaled down version, they are only two story, whereas we had a 16 unit two stories in the Gramercy Villas, which is just to the east. These are two story and like eight units, so it's 50 percent of the size and bulk and, then, the second building has a two story with a one story step down, that's how we got the ten units in that particular building. So, as far as architectural styles, color schemes, the buildings, the roof lines, will all blend with the Gramercy Villas that we have just across the street. Same quality architecture, same masonry. We feel that as far as the size of these -- of that -- that it will fit well in with the Gramercy projects and we have the courtyard product that adjoins us. We showed sensitivity to that. We did shift our building and our parking area to increase the landscape buffer to the future courtyard homes that are intended to the north. We back up to the high school. We have Gordon Harris Park. We are making interconnections to the existing pathways and we feel that this will be complimentary to the other 48 units that we have across the street. Do you have any questions? And we are in agreement with staff's conditions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think I understand this, but they are no longer going to be condominiums, they are going to be operated as apartments; is that correct? McKay: Yes. They will be luxury apartments, just like we have in the Gramercy Villas. There was some confusion at the Commission. For some reason they envisioned three Meridian City Council May 7, 2013 Page 19 of 46 stories, because the Accolade Apartments that came through after us were three stories, but we straighten that out after the hearing and, then, they were like, yes, okay, we see this as a smaller version, so -- thank you. De Weerd: Okay. Anything further from Council? Bird: I have nothing. Rountree: No. De Weerd: Thank you. McKay: Thank you. De Weerd: This is a public hearing on Item 6-C and D. Is there anyone who would like to provide testimony on this item? Seeing none, Council, any questions for the applicant or staff? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further testimony I move that we close the public hearing on Items 6-C and D. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-C and D. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve CUP 13-002, subject to staff and applicant's comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-C. Any discussion from Council? Seeing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council May 7, 2013 Page 20 of 46 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve MDA 13-004 subject to the applicant's comments and staff comments. Bird: Second. De Weerd: I have a motion and a second to approve item 6-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development De Weerd: Item 6-E is a public hearing on MDA 13-008. 1 will open the public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. Give me just a minute here. The next application before you is a request for a development agreement modification. The site consists of 9.4 acres of land. It's currently zoned C -C and TN -R and is located at 1845 West Franklin Road on the south side of Franklin west of Linder. The request is to amend the existing development agreement to allow for a change in the overall development plan for the site. The amendment also includes changes to the text in the agreement to eliminate the references to the preliminary plat, which is expired, and the requirements for detailed conditional use permit approval. Because the previous project was approved under a conditional use permit, a planned development with a conceptual development plan, a detailed conditional use permit was required for all future uses on the site prior to submittal of any certificate of zoning compliance. Since that time the city has adopted design standards and guidelines and detailed conditional use approval is no longer necessary to insure quality of design. The existing concept plan, as you see here, included in the development agreement, Meridian City Council May 7, 2013 Page 21 of 46 depicts a mixed use project consisting of single family residential townhomes, condos, and community business uses. The proposed concept plan depicts multi -family residential, approximately 40 units. A residential care facility with approximately 35 units. I will just point that out, because you probably can't read this. This is the residential care facility. This is the multi -family. Single family residential down here along the south boundary, 12 to 15 units, and four commercial pads, three here connecting to the commercial developments to the east and one over here on the corner. There is essential common open space area containing a pond that is existing on the site and the commercial portion at the northeast corner will be in addition to Hark's Corner commercial project to the east. The proposed plan is consistent with the Comprehensive Plan future land use map designation of medium high density residential and mixed use community for this site and the C -C and TN -R zoning districts. A pedestrian bridge crossing the Ten Mile Creek is also proposed to be constructed off site to provide connectivity between the proposed development and the residences in Whitestone Estate Subdivision to the south. So, that would be right across here. Pathways are proposed connecting the park and open space area to the residential and commercial components of the development. Conceptual building elevations have not been submitted for this development, because design review is not required for single family homes. Staff has advised the applicant to present conceptual elevations to the Council tonight to insure quality of development. The multi -family residential care facility and the commercial structures will be subject to design review. Outstanding issues for the City Council. Access via Franklin Road. The applicant is showing two access points to Franklin here on the concept plan. The UDC restricts access to arterial streets unless waived by Council and approved by ACHD. The applicant is requesting a waiver from Council tonight for this access point here on the east end of the property. Cross -access or a stub street to the Roam parcel to the east, which is right here, in lieu of cross -access being granted through the subject property, the property owner to the northeast, Larry Van Hees, he owns this Hark's Corner commercial development here -- would like to grant a cross -access ingress -egress easement to the Roam property through Hark's Corner instead. So, it would be approximately in here and provide access out to the Roam property. You can see a little better right here. And, then, out to Linder. Staff is fine with this as long as an access easement is recorded as such and allows for the removal of a minimum 20 foot wide section of wall that currently separates the property. If Council agrees, Development Agreement Provision No. 6.1.6 should be revised accordingly to allow for either option. Until an easement from Mr. Van Hees is recorded, the requirement falls to this -- to this property to provide cross -access to the east. And the last outstanding issue for Council is the conceptual building elevations for the single family home. I think the applicant may be presenting those to you tonight, hopefully. There has been no written testimony on this application and staff is recommending approval of the proposed amendments to the DA. Staff will stand for any questions. De Weerd: Council, any questions? Hoaglun: Madam Mayor? Meridian City Council May 7, 2013 Page 22 of 46 De Weerd: Mr. Hoaglun. Hoaglun: Sonya, on the bridge that crosses Ten Mile Creek, Council may approve that bridge, but do they -- is that still something that they have to get through the Nampa - Meridian Irrigation District? Watters: The applicant -- it's kind of weird right here. There is no ownership of this land, so I don't know that it's necessary, but I think the applicant is going to pursue getting a release from NMID just in case. But it seems to be no man's land. Hoaglun: Okay. Watters: So, there shouldn't be an issue. Hoaglun: Got it. Thank you. De Weerd: Want to bet? Watters: Shouldn't. De Weerd: Any other questions -- Bird: I have none. De Weerd: -- at this point? Okay. Would the applicant like to make comment? If you would state your name and address for the record. Jewett: Yes, Madam Mayor and Council. My name is Jim Jewett. Address 1735 West Franklin, Suite 145. So, the purpose for this development agreement modification is, obviously, an expired preliminary plat that's attached to the original one, which prevents us from analyzing this property going forward without revising the old preliminary plat, which didn't look viable. So, we met with staff to come up with a conceptual plan using mixed use development, you know, looking at what's happening in this part of town, so we came up with this plan and wanted to bring it to Council to make sure that we are on the right path before we go for another preliminary path -- plat. Excuse me. So -- and then as we come up with one Nampa Meridian -- we don't own -- or the property owner doesn't own that -- that canal back there, that drainage, but my understand there is and Larry probably can testify on that -- there is an agreement with the district -- Nampa- Meridian Irrigation and the city to approve a previous development agreement that allows that bridge to go in and for the construction of that greenbelt back along the back of the property. The second issue is since the original preliminary plat approval back in 2006, 1 believe, until now, the change in the access requirements on arterials. Back then it was approved with two access points. Today I guess your ordinance allows a single access point. As we all know, Franklin Road is being approved now currently with two access points onto this property. That's the way it was designed and that's the way it's currently being constructed. So, if it's going to be the desire of Meridian City Council May 7, 2013 Page 23 of 46 Council to have just one access point, we have to go back to the drawing board and figure out how to make that work and get with ACHD, so they don't spend money to build up an approach that -- that just simply gets taken out again in six months. The elevations as far as the residential -- this is conceptual, so we -- I talked with Sonya today submitting some plans from our Larkspur subdivision, which would be the same project type, which is just, basically, your empty nester to go along with the senior facility, not unlike possibly the Spring Creek, type of home that's in front of Larkspur. But it was just a little bit premature not knowing what direction that everyone wants to go was do you even like what we want to do and if you don't like -- a different direction, if you want the single access point that's going to change things, I -- it would be the commercial. So, we thought about asking to table this application, but I thought it would be better just to get the input of Council so I know the direction you're going to see this property go. The access points. So, with that I think -- was there another -- so with that I would stand for any questions. I would offer, too, I have been working with Public Works on utility access points for all those other streets, because there is two in the current plans and there is currently an addendum out to us to put utilities in both access points. I don't want Public Works to be continuing down that path if it's really a no. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a comment on the two accesses. I don't have a problem with that. The only comment I would make is that -- if I'm remembering all the iterations of the Franklin Road project that ACHD is doing, it's gone through a few changes, there is a future plan that there will be dividers or planters down pretty much the middle of most of Franklin Road when that area gets busier and busier and more of the property to the west of what we are talking about gets developed. I don't believe that they are putting in any of the medians in now, but they are on plans and it probably wouldn't affect your major entrance, but I suspect at some point the one you're proposing for the commercial entrance is going to be right -in, right -out and I guess my question is would that still work for you. Jewett: Madam Mayor, Councilman Zaremba, the actual plans for that east entrance are a right -in, right -out, left -in. No left -out. It does have a median. It's the only median that's on that stretch of Franklin, but it does have a median and no left out. And I did talk with Tim at ACHD several times today and there is supposed to be some representative of ACHD that could also offer comment on that. ACHD does not have any issues with granting the two. They are deferring to Council here, because it's a city ordinance, but that is a left -in, not a left -out. Zaremba: Thank you. We have several of those around the city now and I guess they are working okay, but -- the police department doesn't have any objection to them? Thanks, Scott. Meridian City Council May 7, 2013 Page 24 of 46 Colaianni: No. Zaremba: Okay. De Weerd: Certainly we have a representative from ACHD here, so we can ask him as well. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Jim, what are -- what are the sizes of the multi -family concepts you have in mind? Jewett: You mean as far as the individual units? Rountree: Yeah. Jewett: Yeah. They would be generally two bedrooms in that 950 to 1,050 square foot range. Rountree: The multi -family. Jewett: Yeah. Multi -family. Rountree: Okay. Jewett: The single family will be -- generally where we are going is most of it is between 14 and 18 hundred square feet in a single, not in a two story. And I did look at the elevations that were contained in the original DA and I have no particular issue with those architectural styles. Obviously, our buildings may be different shapes and configurations depending on the final design, but from an architectural point of view those are all very acceptable to us. When we laid out the project conceptually we tried to pick the characteristics that exist on the site that -- the drainage ditch along the back in White Stone we have told them we would do residential there to help buffer them, but also give them the connectivity to get up to this commercial area to that pathway. They currently have no -- they have a pathway platted on their side, but no improvements there. But they have agreed that they would work with us if we got this approval to go ahead and get that pathway open when the bridge gets it all in there. We tried to look at the Hark's Corner and that commercial that we kind of tied into that with their existing driveways and curb cuts on the proposed improvement. De Weerd: Okay. Anything further? Thank you. Jewett: Thank you. Meridian City Council May 7, 2013 Page 25 of 46 De Weerd: I did have someone -- couple people who did sign up. You don't need to speak when I mention your name, but if you would like to provide testimony, please, come forward. Doug Thompson signed up in favor of and he said he didn't need to provide any testimony. The second one -- Mr. Roam? I just couldn't read your first name. If you would like to, please, come forward. Signed up as neutral. Is that John or -- Roam: Tom. De Weerd: Tom. Okay. Welcome. If you will, please, state your name and address for the record. Roam: Tom Roam. 150 Eplinger. De Weerd: Thank you. Roam: Okay. So, I live to the east of this project and I asked for the access. I don't really need it, nor am I planning on developing it, but I didn't want to -- in case some day someone wants to develop it or I'm not around or something else. I have been there for 19 years, so chances are nothing is going to happen with my property, but you don't know what the future holds, that's why I have asked for an access. De Weerd: And you're off of Linder; correct? Roam: East side of that property, next to -- De Weerd: Oh. Okay. Roam: -- connects to mine, about 600 feet of it. And so there was that and, then, the other -- one of the other things I had was -- I graze cows currently and I have had problems with people shooting them, throwing things over the fence, shooting golf balls, and it kills my cows. They eat the garbage that comes -- that gets thrown over the fence and things like that and so I'm constantly having to worry about that. So, back on that east side I would like something that was not visual that people couldn't see through, that was tall and couldn't get over. The wall -- the concrete wall has worked out great for me, except for people randomly hitting it and going through it, but other than that the concrete wall is fantastic. Oh. And sometimes garbage gets thrown over the wall and, like I said, I have to go keep on top of it, but some people have been shooting golf balls into the field. Again, it will kill the cows if they eat it and so I am concerned about what kind of a fence would be along that east side, because I'd like my animals to be safe. I have had people trying to shoot them more than once. I don't know. Like kids randomly shooting them, but I have had them try. Fortunately we have caught them before they actually killed an animal. They come along that side and -- I don't know what they are doing, but they do. So, I would like something that's Meridian City Council May 7, 2013 Page 26 of 46 not see through and tall on that side of my property to protect my animals. Other than that I think it's great. De Weerd: Thank you. Council, any questions? Rountree: I have none. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this item? Justin, anything you would like to add? Lucas: Madam Mayor, Members of the Council, Justin Lucas representing the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. I think the applicant's testimony accurately described ACHD's position on the access, so I really don't have anything more to add. We are building those as they are out there now, but that doesn't mean that you don't have the discretion to say you only want one and you could certainly close off an access. So, I want to make that clear. Ultimately it's up to the Council to decide how many access points go there and ACHD will likely follow whatever lead you take on that. De Weerd: Thank you. Anything further from Council? Rountree: I have nothing. De Weerd: Okay. Would the applicant have any final comments? Jewett: Thank you, Madam Mayor and Council. No. We are just looking for your direction and if you advise us how you would like to see this develop and we do want two accesses, we can go back and make reservations -- or revisions or just continue forward with whatever requirement. De Weerd: Thank you, Jim. Hoaglun: Madam Mayor, I did have a question for Sonya. We talk about staff is fine with the cross -access and it would allow -- and there would be removal of the 20 foot wide section of wall that currently separates the property. But if Mr. Roam isn't going to be developing that anytime soon, can we still have that agreement in place and as well as the fence in place and when the comes do it then that might -- Watters: Madam Mayor, Councilman Hoaglun, yes, that would be staffs recommendation that a cross -access ingress -egress easement be granted at this time, along with the permission for the future developer of that property to remove that section of fence. Hoaglun: Okay. Watters: It would remain as is until that time. Meridian City Council May 7, 2013 Page 27 of 46 Hoaglun: We are not requiring it beforehand, so -- Watters: No. No. Hoaglun: Okay. Good. Thank you. De Weerd: Anything further needed from Council? Rountree: Madam Mayor, just a question on the second access and our ordinance. Does that -- does that need a variance or can we waive it? Is it one of those things that we can waive? Nary: Madam Mayor, Members of the Council, that is a specific provision of the code and you can waive that. Rountree: Okay. Madam Mayor, if there is no further testimony I move that we close the public hearing on Item 6-F. No. Bird: 6-E. Rountree: 6-E. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the application MDA 13-008 for those modifications requested, waiving the ordinance requirement for just one access and allowing a second access per ACHD's design, but retaining the conceptual building elevations for single family homes in the DA until such time as additional ones can be provided staff and they can be determined acceptable. Bird: Second. De Weerd: I have a motion and a second. Any discussion from Council? Meridian City Council May 7, 2013 Page 28 of 46 Hoaglun: Just a question to the maker of the motion and I think you said all staff and applicant comments. That would include the cross -access agreement that's in the document? Rountree: That would be -- yes. Hoaglun: Okay. Thank you. De Weerd: And the fencing issue. Rountree: That's part of the staff comments. De Weerd: Okay. I'm just trying to -- Rountree: I think it's part of the DA, but -- De Weerd: I don't think that's part of the staff comments, but the -- I'm sorry, Sonya, maybe you can -- Watters: Madam Mayor, Members of the Council, Mr. Roam did ask for a fence. Staff did not have any requirements for a fence in the development agreement at this time. So, if Council would like to do so, please, make a recommendation. The zoning -- the TN -R zoning allows up to a six foot tall fence. Rountree: Too many fences involved with this application. I was talking about the staff's comments with respect to removing fence for access. That's included in my motion. I did not speak to the other fence. Bird: Second agrees. De Weerd: Any further discussion, then, Council? Hoaglun: Madam Mayor? Question for Sonya then. The fence that he referred to, it sounded like he already has a fence in place. Watters: There is a wall. I believe it's an eight foot tall concrete wall on the north boundary in back of the car wash, the gas station and all that that's along there in Hark's Corner, Mr. Roam was asking for a fence here along the east boundary of this site right here, if you can see the arrow. Hoaglun: Okay. That was my question on where was the fence he was referring to versus the fence he wanted, so -- okay. Watters: The existing concrete wall is right across here. Hoaglun: Okay. Got it. Thank you. Meridian City Council May 7, 2013 Page 29 of 46 De Weerd: And so, staff, there is no requirement for fencing between these two uses? Watters: No. There is going to be single family residential next to residential. So, there is no requirement for a buffer or a fence. De Weerd: Don't we usually require a subdivision fence on the property lines? Watters: It's not required. A lot of times developers will place a fence there, but, no, it's not required. De Weerd: And so Council is not requiring a fence? Rountree: Don't know how Council is going to vote, Madam Mayor. De Weerd: I was just asking for clarity. Okay. Madam Clerk, let's find out how Council is going to vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea, Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O -T (Old Town) Zoning District De Weerd: Okay. Item 6-F is a public hearing on RZ 13-003. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor. Clarification. I understood that to be no additional fence along the east boundary; is that correct? Rountree: Correct. Watters: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that I think a development of this area, with or without the fence, is going to help minimize the attack on the cows. There will be more people in Meridian City Council May 7, 2013 Page 30 of 46 the neighborhood, less opportunity, so I'm comfortable not requiring this development to put the fence up. Hoaglun: And, Madam Mayor, I don't think it precludes the developer working with the property owner to the east from putting up a fence, if that is an agreement that they want to reach, so -- I don't know if it was a requirement for us to get involved in that or not, but I -- I'm fine with -- as it is. Watters: Thank you. The next item before you tonight is a request a rezone. The site consists of .47 of an acre. It's currently zoned R-8 and is located at 807 North Meridian Road. The property owner states that this property has been used for a variety of nonresidential uses and believes it was converted from a residence in the late 1970s. The property is currently being used as an office. Planning and Zoning Divisions have no records of the property being approved for nonresidential purposes, however. Assuming that the commercial use of the property, including the parking lot design and the landscaping lawfully existed prior to the effective date of the UDC, the use would be considered nonconforming as it does not conform to current UDC standards. The applicant requests a rezone from R-8 to Old Town, OT, consistent with the future use map designation of Old Town. Approval of the rezone will change the status of the use to a conforming use as a professional service. As such is a principal permitted use in the OT district. However, because of certificate of zoning compliance did not exist for the site one will be required upon a change of use in the future, which will involve improvements to the parking lot to comply with current standards. With a new tenant a certificate of occupancy may also be required to insure compliance with ADA standards and occupancy classification. The property has one access via Idaho Avenue right here. Leads to the parking area on the west side of the lot and is not proposed or approved via Meridian Road. This is Meridian Road. It runs along this side here. Because the structure was constructed in 1905, according to the tax assessor's records, staff did send a memo to the Historical Preservation Commission notifying them of this request. They did not verbally express any concerns at the meeting, nor have they submitted comments since then. The Commission recommended approval of the proposed rezone. Matt Hart testified in favor. No one testified in opposition or commented. Matt Hart did submit written testimony in agreement with the staff report and there were no key issues or outstanding items from Commission for Council. Written testimony since the Commission hearing. Matt Hart submitted written testimony again in agreement with the staff report. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Hearing none, does the applicant have any comments? Good evening. If you will, please, state your name and address for the record. Meridian City Council May 7, 2013 Page 31 of 46 Hart: My name is Matt Hart. I'm with Civil Survey Consultants located here in Meridian at 1400 East Water Tower. De Weerd: Thank you. Hart: Madam Mayor, Council, I don't really have anything to add. I'm just here tonight in case anybody has any questions. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Just look forward to seeing that put into use. It's a beautiful -- it's a beautiful property. Hart: It is. Yes. Thank you. De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on RZ 13-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 13-003 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve this Item 6-F. Madam Clerk, will you call roll. Meridian City Council May 7, 2013 Page 32 of 46 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot De Weerd: Item 6-G is a public hearing to MDA 13-007. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for an amendment to the existing development agreement. This site consists of 7.66 acres of land in a C -G zoning district and is located at the southwest corner of Overland and Meridian Roads. The request is to amend the existing DA, which currently requires all future uses on each lot to obtain detailed conditional use permit approval. The applicant's request is to remove the CUP requirement and add language stating: All future uses that conform to the C -G zone would be approved and that any future uses with drive-thru windows within 300 feet of a residential building require a conditional use permit. The applicant states the reason for the request is because the property is bordered on three sides by commercial uses, additionally requiring a conditional use permit for each new use that is in conformance with the C -G district and time consuming and costly and burdens staff with additional work. At the time this DA was approved in 2005 the city did not have design standards. This project predates the UDC. Therefore, conditional use approval was required to insure quality of design of the site and structures. Because the city now has design standards that are applicable to future development of the site, there is no need for a detailed CU approval and approval except for when such is required by the UDC for the use. A drive-thru proposed within 300 feet of another drive-thru facility and existing residents or a residential district is required to obtain conditional use permit approval, as are other uses listed as conditional uses in the allowed use table. Because the current UDC provisions cover the intent of the development agreement for this property, staff recommends this provision be stricken in its entirety or if Council desires to retain the CUP language staff recommends changes that are consistent with the UDC requirements as stated in Exhibit A-2. There are no outstanding issues for City Council and staff is recommending approval of the proposed amendment. Written testimony was received from Jeff Huber, the applicant, in full agreement with the staff report and he apologizes he was not able to attend the meeting tonight, but did want to reiterate that he is in agreement. Meridian City Council May 7, 2013 Page 33 of 46 De Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba Zaremba: I probably would favor striking the CUP requirement and leaving the UDC requirement in place, as opposed to rephrasing the CUP requirement in this DA. The UDC requirement is clearer I think in its intent. So, my suggestion would be that we strike the CUP requirement from the DA. I have a sideways question also. As I recall there was lengthy discussion and push back about multiple access agreements on this property at the time that it came through. Do we know if those all got resolved and are there cross -access agreements between what appears to be four, five, six different properties put together? Watters: Madam Mayor, Councilman Zaremba, there are access agreements with the plat for each internal lot. Zaremba: Okay. Great. Thank you. De Weerd: Any question -- any further questions for staff? Ralph or Frank, do you wish to provide testimony on this item? Just thought I would ask. Bird: Madam Mayor? De Weerd: Mr. Bird, Bird: I move we close the public hearing on MDA 13-007. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-007 with all staff recommendations, including the CUP -- Hoaglun: Second. Meridian City Council May 7, 2013 Page 34 of 46 Bird: --and applicant's agreement. Rountree: Agreement. De Weerd: I have a motion and a second to approve Item 6-G. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Mayor's Office: Resolution No. 13-922: A Resolution Appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission De Weerd: Item 7-A is from the Mayor's Office. Council, in front of you is resolution number 13-922. It's a resolution appointing Stephanie Barnes to six -- or Seat 6 of the Meridian Arts Commission. Commission -- charter commission Meg Glasgow is -- her seat expired and -- and she would like to see the public arts -- public art piece through its conclusion, but she's still caring for her mom and running her business and the many other things that she has going on in her life and she will be severely missed from the commission. This month is her last meeting and so Stephanie Barnes will be filling her seat. I will would entertain any questions you might have. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No question. Quick comment. Meg has done a great job and I think she's been one of the charter members. I don't know if you said that or not, but -- and just a fantastic commissioner on the arts commission. But moving forward, I move approval of Resolution No. 13-922, appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council May 7, 2013 Page 35 of 46 Zaremba: I just wanted to add my appreciation as well for all the work that she's done. De Weerd: Thank you. And the arts commission will be certainly commending her at her last meeting and giving her a special presentation. Zaremba: Cool. De Weerd: Okay. Thank you. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Continued from April 16, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion De Weerd: Item 7-B is continued from April 16th. Staff would like to continue this to May 21 st. Mr. Nary, we don't need a motion, we can just set it out to the next agenda. Okay. C. Fire Department: Donation of Self -Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center D. Fire Department: Resolution No. 13-923: Donation of Self - Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center De Weerd: Item 7-C is under our Fire Department and I will turn this over to chief. Niemeyer: Madam Mayor, Members of the Council, thank you. I think we can make this quick. This is a request to donate the old SCBA breathing apparatus at Station One. We recently replaced that as part of our capital improvement plan. This is not an item that we could auction off to another fire department based on its condition, so it is truly a disposed item. However, that said, the Optimists Youth Training Center, they do have an air soft rifle club and this piece of disposed equipment could be used to fill those air rifles and so we would like to do that instead of just throwing it away and give back to the community a little bit. They are a 501(c)(3). So, we would request that you approve our request to donate this piece of equipment to the Optimist Club. De Weerd: Thank you, chief. Any questions from Council? Meridian City Council May 7, 2013 Page 36 of 46 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That sounds like a great idea. I guess this is a question for Mr. Nary in your risk management position. Should we require some identification on this equipment that says it's not to be used for breathable -- if it's outlived its usefulness and is no longer practical for filling breathing equipment, I think we should put that on the equipment somehow. Nary: Madam Mayor, Members of the Council, I understood it can't be used for that, so it's not that they shouldn't use it, I didn't think they could use it for that purpose. So, it only can be used for the purpose that they are donating it. Zaremba: Okay. All right. De Weerd: Just a statement that we assume no responsibility for it if it works or not. Bird: Yeah. If they plug it in and it -- Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 13-923. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-D. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Works Department Report: 8th Street Improvement Project De Weerd: Item 7-E is under our Public Works Department and I will turn this over to Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. Good to see you this evening. I want to talk with you briefly about the 8th Street sewer main replacement project. We understand that you have asked that this be placed on the agenda tonight out of concern, possibly, stemming from conflicts regarding the construction timing of this particular project and its proximity with the construction of the split corridor project and also some of the work that's happening with regard to the chip sealing on Linder Meridian City Council May 7, 2013 Page 37 of 46 Road and so I wanted to make sure that you had all the information that you needed in order to give us direction should you see that as necessary. This is a project we have been working on for two years and we have been coordinating it closely for the last almost year or so with ACRD, both in its timing and in the conditions that have been negotiated between our two organizations. I'm going to ask Warren Stewart, our engineering manager, to come up and walk you through the details of the project, its justification, the limits of the work, the approach we have taken to phasing this work and also talk with you a little bit about the pipe conditions that we are dealing with in the 8th Street main and, then, also to share with you our plan to accommodate this work, which is currently scheduled for -- to begin in July of this year, to conclude before the school period starts at the end of August. So, with that I will introduce Mr. Stewart to you and, then, stand for question, along with Warren at the conclusion. Thank you. Stewart: Thank you, Tom. Good evening, Mayor, Members of the Council. I will try to make this brief. As you can see on the slide presentation there are 14 slides, but most of those are photos, so it won't take too long. Bird: It's not 114. Stewart: So, I'm going to do basically three things. I'm going to go through a little bit of the justification behind why we came -- this project came about in the first place. Try and make that brief. I'm going to talk a little bit about the timeline and the events that have taken place up until now and, of course, then getting into the question we are concerned with regards to the other work and construction that's taking place in the area. So, in 2011 as part of the routine -- now routine work and effort of our operations department to essentially clean and camera our sewer system, they identified some sewer lines in the 8th Street area that were in pretty bad shape and they became one of the -- or the high priority on our main line replacement program. They were -- there was a combination of reasons. Some of it had to do with the pipe age. Much if it had to do with the pipe condition and the slopes in there were very flat and there were difficulties in maintaining some of these. One of them didn't -- was in private property and didn't have any easements, which was an issue, and there are others that are still in existence there where we do not have adequate easements for operation and maintenance. In order to figure out how best to address all these problems, we conducted a feasibility study in 2011. Soon after that some of the more serious issues were addressed. One in particular, like I said, was where the line was actually installed on private property and we had no ability to get in and maintain it. After that we took a look at the risks associated with the sewer line and the budget that we had and we developed a three phase approach, which we adopted in 2012 to address these issues. We got approval for a 685,000 dollar budget to complete stage one of that project for 2013, which is currently underway. I just wanted to go over some of the photos real quick that sort of prompted us to put this at the top of the list. These are photos from the actual CCPD work that was done and identified this as one of the highest priorities replacements in the city. These are tree roots that have grown into the pipe and you can see how they would obstruct the flow in the pipe. This is pipe corrosion that has occurred. A lot of this is concrete pipe and as you can see by looking at these photos Meridian City Council May 7, 2013 Page 38 of 46 you can see the aggregate that is sticking out in the pipe. Once upon a time that was smooth concrete and now you can only imagine how much concrete has eroded away in order to leave that size aggregate exposed. So, the wall thickness of this pipe has been pretty seriously diminished. We are concerned about, you know, whether it's got the strength in needs moving forward and also about its hydraulic characteristics of the effluent within the pipe. It reduces the volume of flow that can go down that pipe. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's the scale? What size pipe are we looking at? Stewart: Well, it depends. We have got eight inch to 18 inch -- Rountree: Okay. Stewart: -- on some of this. So, it varies in various different sections. This is just another section showing the corrosion. Once upon a time that was a smooth concrete wall on the inside of that pipe. As you can see it's been seriously eroded. On this picture over here on the left you can actually see a hole on the right side of that pipe and you can see that the wall thickness on that pipe is pretty thin. So, in pretty bad condition. Here is a section of PVC main. As you can see in this particular photo we have got a longitudinal split down one of the sections of pipe. We also have offset joints and a hole in one section and I'm not quite sure how that got there, but there is a hole in the top of that pipe and these are more of the issues that were discovered. Again, just a little bit of corrosion. The lower right-hand corner you can see where we have got groundwater infiltration coming into the pipe, which, you know, degrades our capacity in the pipe and also degrades our capacity at the wastewater treatment plant. Okay. So, based on this information we developed this three phase approach and phase one, as you can see, is kind of that yellow color was identified as the section of main line that needed to be replaced first for hydraulic and plumbing reasons. You have to kind of do this in the right sequence of events in order to make all of the -- all the plumbing work. Phase two is in green and phase three is in the pink and they were phase -- the yellow was anticipated to be completed in 2013 and, then, '14 and, then, '15 for the three different phases of the project. It's important to note -- see if I can figure out how to make this work -- that in this section right here you can see the -- the green lines with the little dots. The little dots represent manholes and the green line represents the sewer line. As it comes down 8th Street it actually comes and goes through the backyards of these folks. There is a very narrow easement that we have over that. There is a fence, landscape, even buildings over the top of that. We have one manhole that's got an actual building over the top of it. So, maintaining that line in the back of these people's yards is, as you can imagine, virtually impossible. So, we are at some point to be moving that line as part of this project out of 8th Street in order to allow that to be maintained properly in the future. Meridian City Council May 7, 2013 Page 39 of 46 Hoaglun: Madam Mayor? De Weerd: Warren, are you moving it or abandoning the old line and putting in a new one? Stewart: Abandoning the old line and putting in a new one. De Weerd: Okay. Hoaglun: And, Madam Mayor, following up on that, then, Warren, you just leave that pipe in there? Do you have to fill it for future collapse? I mean what -- what happens? Stewart: It would just be abandoned in place. We would cap it on both ends and leave it. Hoaglun: And as long as we don't have anything going through it the risk of corrosion in those walls thinning further should be fine, then, is that right? Stewart: Yes. That is correct. Hoaglun: Okay. Thank you. Stewart: So, now I want to just give you a little quick history on the timeline. To that end, that pipe is going to be -- is buried many feet in the ground and as a result of the, you know, additional -- you'd have to -- there would have to be some load placed over the top of it -- significant load that would cause it to -- if there is no -- no more effluent flowing going through there to cause it to fail or to have a catastrophic failure of any kind and it's small in diameter relative to the amount of dirt that's over it. But going through the project timeline and we have already talked about the first few of these. In 2011 the project was identified. We did a feasibility study. In 2012 we initiated the design. In early 2012 property owners along this corridor -- there is 107 of them total. There is 15 of them in phase one. And all of these property owners were -- we met with each one of them. We sent them letters and, then, we went out and met with each one of them. We actually crawled in underneath their houses in many cases -- not us personally, but our consultant, to determine where their service currently exited their home, so that we could plan how to reroute and reconnect those service lines. On 8/15 60 percent. The plans were submitted to various agencies, including ACHD. On 10/1/2012 we had a meeting with ACHD to talk about how this project would move forward and whether there would be road closures and what kind of conditions would be placed on the project and ACHD imposed several conditions on the construction at that time. On 10/29/2012 ACHD sent us an e-mail approving the construction and added an additional condition that work be done during the summer when school was not in session, which we, of course, concur with. And, then, on 4/19 -- I guess on 4/10 there was another discussion with ACHD about the conditions and planning of the project and on 4/19/2013 a pre-bid meeting was held. At that pre-bid meeting ACHD had two representatives from two different departments. One was a representative from the Meridian City Council May 7, 2013 Page 40 of 46 department -- the traffic division, which we had already obtained commission and approval for the project with certain conditions. There was another representative there from another department and they sort of got in somewhat of a debate about the project. As a result of that meeting Tom Barry and Director Wong had some conversations about the project itself and the conditions of construction and the timing of construction and so forth. In order to accommodate those discussions we did an addendum, which was addendum number one, which postponed the bid date for the project in order to give us time to iron those things out between ACHD and the city. After we felt like we had sort of ironed those things out with Tom and Director Wong, we issued a second addendum to the project on 4/30, which lifted some of the restrictions. Now, the reason behind the lifting of those restrictions was to allow the contractor to get in there and complete the work on -- even quicker. We now anticipate that the project -- the project duration is less than 60 days. That's what they have in their contract. But based on some of the comments we have received from the bidders, the changes in the construction timeline and the ability to close the road down will actually allow them to complete that work in maybe as little as 30 days and be able to reopen that road. On 5/3 of '13, which was just last Friday, a bid opening was held and bids ranged from 365,000 to 679,000 dollars, which is -- you know, the 600 -- the higher end of that was essentially our -- you know, where we had budgeted for. We feel like we got a very good bid and the bid came in from a contractor which we have done quite a bit of work for. We feel like there is -- or has done quite a bit of work for us and been successful, so we feel like it's a bid that they will honor, so we are grateful for that. Save us some money potentially. Now, here is the -- the question that has come up since then and that is how does this project move forward with the other projects or how does it look as it moves forward with the other projects in the area and one of the questions that has come up is there is presently some work going on on Linder Road due to overlays and there is a section south of Cherry Lane, which is actually out right now, they have actually started construction on that. They did some initial test strips to determine the right mix. They anticipate that that project will be completed by May 17th. This is an overlay project. It's not like they are going to be tearing out the entire road. The northern piece from Cherry Lane to Ustick will start on May 13th and they anticipate that being done by May 24th and that was based on my conversations with ACHD just this day and so as you can see from that, those projects on Linder Road should be complete at least a month in advance of when we would start the 8th Street project and the other project -- and, of course, everybody is familiar with what is going on, the split corridor project, and I had another conversation with Justin at ACHD today and verified with him that ACHD believe they are on track, that the contractor's on track to complete the paving and have a limited reopening of Meridian Road from Pine to Fairview by mid-July and what they mean by that is they anticipate that they will allow local traffic and all crossroads will be -- all crossroads will be open and local traffic will be allowed. They don't want to open it up so that traffic off of Fairview or Cherry can go south, because they are afraid of the bottleneck that may occur when they get down to Pine. But in light of these issues we feel like there are some mitigating factors, if you will. When we take into consideration that condition of that pipe line and the need for us to move forward, we feel like we have been trying to work diligently with ACHD to come up with a plan that will allow us to move forward with that project and minimize the impact on the Meridian City Council May 7, 2013 Page 41 of 46 public. We know that there are concerns about that. We certainly know that there is frustration that has surfaced with regards to the split corridor, which I think everybody expected some of that and we feel like that the -- you know, based on these mitigating factors and the things that we are doing, that, you know, we can move forward with this project. It will have an impact certainly, but we feel like we have done everything we can to minimize that and make it as palatable as possible. And with that I would stand for any questions that you may have. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First question. Go back to the first line of your segmented -- I think your second or third deal in. Not this one, because this one don't look the same. Go back to the phasing. There we go. I need to erase that line I put on there. Bird: You're going to stop at Carlton? No. You're going, what, one lot past Carlton to the corner? Stewart: No. It's actually just the fat line. It will stop at Carlton. Bird: That's what I thought. So, you're not going to be -- you're not going to be able to shut off that existing sewer line until after 2015. Stewart: Well, there is going to -- yeah. Part of that will not be redone. We have -- like I said earlier, a lot of hydraulic issues and plumbing issues that have to take place, so we have to start on the downstream end and work back up the chain and -- that's the sequence we are working on. Zaremba: Madam Mayor? Bird: Looks good tome. De Weerd: Any other questions? Mr. Zaremba. Zaremba: Madam Mayor. Two questions. One of them I guess on that same subject. When it is time to abandon the existing pipe that's under people's properties and stuff, do we also need to abandon that little easement? Would it be wise to carry that through the legal process and no longer have any interest or encumbrance on those properties? Stewart: Madam Mayor, Members of the Council, I see no harm in that. Zaremba: Okay. I think that's probably a good idea. Okay. And, then, my second question is are you also coordinating with what the park is doing in the 8th Street Park? Meridian City Council May 7, 2013 Page 42 of 46 I forget their timing, but they are going to be -- they have a project going on the 8th Street Park to add a shelter and redo the playground and I thought there was a sewer line that goes through the park that was going to be moved or maybe it's a water line. But, anyhow, are you working with the Parks Department as well? Stewart: Madam Mayor, Members of the Council, Council Member Zaremba, yes, that's actually to the north out by the water department so, it's, I don't know, at least a half a mile I think north of this site, but, yes, we are and we have a project going on this year, in fact, that will replace or will build a future replacement line through that park area. We are not going to build the whole replacement line at this time, we are simply going to build that section that would be underneath their park, so that that's in place prior to their -- construction of their park, so we don't have to impact that in the future. So, yes, we are doing that. That project is actually taking place this year and it's out by the wastewater -- or out by the water department. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I wanted to make sure I understood your response to Councilman Bird. Will Carlton Street be closed in the first phase? Carlton -- West Carlton Avenue when -- as they come down 8th will that be closed? I mean it will be closed going to the north, but can someone still travel east -west on Carlton crossing 8th Street in the first phase? Stewart: Madam Mayor, Members of the Council, Councilman Hoaglun, I'd have to go back and look at the plans. I know we are planning to go to Carlton. That's essentially the stopping point. Just exactly whether it's on the north side of Carlton or in the middle of Carlton or on the south side, without going back and looking at the plans, I apologize, I couldn't tell you exactly where they are going to stop that. Hoaglun: You know, the local traffic opening on Meridian Road, I mean that's local, it really doesn't help the through traffic. I means that's -- and that's where we are struggling right now as we saw just doing the Linder overlay with that being open is a huge inconvenience for people. It really puts loads on other streets, north -south accesses, that really slowed things down and even though Linder would be open and there is probably heavier -- more heavily used than 8th Street, it definitely does shift things around and -- and trying to find ways that -- and if Carlton were closed that, you know, makes it more difficult for people to get from A to point B with streets already closed. So, I am curious about that. And there is -- it sounds like there is no way to flip phase one with phase three for this first year, so that was -- when you mentioned you have to work your way, what, downhill or uphill or whatever -- uphill. Yeah. That didn't work, so -- and, then, my only last question would be -- if we move forward with this and when the calls come to the Mayor's office complaining about it, they can reroute those to Public Works; is that correct? Meridian City Council May 7, 2013 Page 43 of 46 Hood: I'd like to add planning and particularly my line to be included in that request, please. Barry: Madam Mayor, we will have to request another staff position for that. Bird: Holy cow. Madam Mayor? 9Za►P[-�"Ci 't■A=.01Ra Bird: Warren, I think Councilman Hoaglun had some good points here, but I think -- I think your plan is fantastic seeings how I have lived on that street for 48 years. Your biggest -- your biggest traffic congestion is at school time, morning and pick up time. I think that if you can get that done in your timeline to Carlton I think -- I think we will be okay and if I remember right, the manhole that is in Carlton is about in the center of the street. I think there is one already there when they redid the -- we got the curb and stuff. Maybe there isn't. Or is that up -- that must be east there as it comes across. Okay. I think we will be fine. They are not -- you will be done with Linder -- the overlay will be done with Linder all the way to Ustick, so I -- it's something we need to get done. I'm sure that pipe is a horrible deal. It's been in 48 years this June. I know for a fact. Stewart: Madam Mayor, Members of the Council, there was one question that came -- kind of came up. I thought maybe there is some additional information I had from ACHD that might be helpful. ACHD sent over to me today some information on traffic counts before the split corridor project and traffic counts now on 8th Street and just so you will know the impact there. The traffic counts before, essentially, the project were around 2,000 cars a day or -- yeah. Essentially 2,000 cars a day and average ballpark there are about 3,000 now with split corridor. So, we have, essentially, got about a thousand trips per day that are, essentially, going to be impacted by that for a 30 day period. When you think about the volume of traffic -- so, to sort of put that in perspective when you think about the volume of traffic, the difference between the 8th Street and Linder Road, those numbers would be significantly higher. So, is there an impact? Sure. But Linder Road is certainly much more substantial as far as closure. Hoaglun: Madam Mayor and Warren, as you do phase one and you come down are they going to close the whole street from Carlton to Cherry right off the bat or are they going to start progressing with work, so someone could come up heading north on 8th Street to Carlton and maybe even to the next street -- I think that's Maple. I can't remember just -- Bird: Camelot. Hoaglun: What is it? Cavalen? Bird: Camelot. Meridian City Council May 7, 2013 Page 44 of 46 Hoaglun: Camelot. Just to the south of the school property or is it just going to be all closed off? How -- is that going to be phased as they construct it or just close it all off and dig everything up? Stewart: Madam Mayor, Members of the Council, Councilman Hoaglun, you know, it's up to the contractor. We simply -- we provide them with certain conditions and limitations and they had -- in the original con -- or in the original bid documents we had, essentially, required them to maintain at least one lane of traffic through the whole project, but -- and restricted the hours that the project could take place. By doing so it extended the duration of the project fairly significantly and in discussions with ACHD, even ACHD decided they would rather get this project done fast and allow a closure of the road. So, the contract or the bid documents allow that road to be closed. Just how the contractor chooses to close it -- if he closes it in sort of a sequence or if he closes the whole thing, I do not know. It will be -- that will be part of what he will have to come up with. He's -- the means and methods are to up the contractor. We simply give him the conditions. He has 60 days to complete it. He is allowed to close the road. We have received some feedback from the contractors that if -- with these new conditions which have been allowed, with longer working hours and allowing full closure, that they feel like they can get done in approximately 30 days. At least substantially complete and allow the road to reopen. De Weerd: Well, I will tell you that lessons learned with the closure of Meridian Road is we need to do a better job of communicating with -- ACHD admits that Linder Road happened by mistake and -- because I called them and said are you guys communicating with each other and now add another north -south road in the mix, how well are we communicating and I think we need to include our emergency responders in -- in these discussions and recently even the discussion that we have with the upcoming Ten Mile is -- is providing some real challenges to respond to and making sure we communicate well with our public. So, I appreciate that Tom, you and Director Wong, are communicating and trying to coordinate these things to a better degree and he is looking at how they can better communicate internally as well, but we need to do, too, in looking at our emergency responders when putting an alternative plan together for projects like this when we do a full road closure, how are we going to respond with our emergency responders in those areas and have that plan developed up front, instead of as we learn when the roads are closed. So, if we can just kind of put our heads together and find better ways to -- to start being a little bit more proactive in developing those plans and making sure that, number one, we have a communication plan. Number two, we have an emergency response plan and that we minimize the number the roads that closed at any one time. I think when they closed the intersection of -- of Fairview and Meridian and, then, they decided to close Franklin that same weekend, it was like, oh, good Lord, this -- we need to work on this stuff, so -- anyway, if can get our heads wrapped around that, I think we have seen enough examples of what we don't want to see done again to now bring us to the table to say how can we do this better. But I do appreciate you talking about this, seeing the best timing for the contractors to get in and out and that's perfect. Appreciate that. Okay. Because our phones light up Meridian City Council May 7, 2013 Page 45 of 46 and it's been giving some extra entertainment to our volunteers at the desk out in front, so -- anything further from Council? Okay. Thank you, Warren. Thank you, Tom. Bird: Warren, thank you. Item 8: Ordinances A. Ordinance No. Proposed # 13-1555 (number not assigned): ZOA 13-001 Unified Development Code (UDC) Text Amendment by City of Meridian Community Development Department Request: Text Amendment to Certain Sections of the UDC Pertaining to Block Length, Multi -Family Parking, Storage Facilities, Bicycle Parking Facilities, Street Knuckles and Other Miscellaneous Clean -Up Items De Weerd: Okay. 8-A was requested to move to May 14th. And so we will reset that to May 14th. B. Ordinance No. Proposed # 13-1556: An Ordinance Amending Title 1, Chapter 7, Section 5, paragraph (A) (1) of the Meridian City Code, Regarding Time of the City Council Regular Meetings; and Providing an Effective Date Approved De Weerd: Item 8-B is Ordinance 13-1556. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1556, an ordinance amending Title 1, Chapter 7, Section 5, Paragraph A-1 of the Meridian City Code regarding time of the City Council regular meetings and providing an effective date. De Weerd: I don't see anyone who would like to hear it read in its entirety. Council? Nary: Madam Mayor? De Weerd: Oh. Sorry. Nary: I didn't want to read it. I wrote it. But I was -- Madam Mayor, Members of the Council, I just wanted to make note just for the record, this will go in effect for June. So, this covers all of the noticed items that you have for the rest of the month of May. This will go into effect on your first meeting in June, so -- Bird: And Mayor? De Weerd: Mr. Bird. Meridian City Council May 7, 2013 Page 46 of 46 Bird: I move we approve Ordinance No. 13-1556 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Council, any items to consider for future meeting topics? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not a future topic, but we will be having our May 21st meeting the 22nd, because we are holding elections the 21st. Just a reminder so I won't forget. De Weerd: Well, thank you for reminding you motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Okay. With that said, do I have a MOTION CARRIED: ALL AYES. MEETING ADJOURNED At 8:58 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA DE WEERD ATTEST: LMAN, CITY ;Lk /_aa.E3 DATE APPROVED �4�o­kl LD AI/t,,Us�l `G sow City of ..✓✓�✓Yt� RN.. SEAL 17�. rrr rrr--- ' \ 1 DIAA\.,JH O F cr �T i � Fel VP PTof.L TRI Changes to Agenda: None Item #6A & B: Bellabrook (MDA -13-001; PP -13-002) Application(s): Development Agreement Modification ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.38 acres, is currently zoned R-15, and is located at 300 S. Locust Grove Rd. Summary of Request: The applicant requests approval of a modification to the existing development agreement (DA) to allow for the development of single-family residential dwellings on the site rather than a multi -family development as previously proposed. A preliminary plat consisting of 26 SFR building lots & 4 common/other lots is also requested. The proposed plat conforms to the dimensional standards of the R-15 district & density desired in MU -C designated areas. The applicant proposes to convert the entry street (Kalispell) off of Locust Grove which was constructed to private street standards to a public street and stub it at the east boundary for future cross -access & interconnectivity. Private streets are proposed for the loop road connecting to the proposed public street. Approval of the proposed plat is contingent upon ACHD's acceptance of the private street (Kalispell) as a public street. ACHD staff is in support of converting Kalispell to a public street, - however, Commission action is required to do so. One of the required findings that the Director has to make in order to approve a private street is that the site design has to create a common mew or a limited gated residential development. Private streets aren't intended for a single-family residential development. However, because the streets already exist and because the R-15 zoning district doesn't have a minimum street frontage requirement, staff has approved the private streets contingent upon gates being installed at the entrance to the private streets in accord with the aforementioned finding. A 7 -foot wide pathway exists through the common area and extends to the east side of the Five Mile Creek where a multi -use pathway is planned. Staff recommends the developer provide a public use easement for the section of the multi -use pathway on the east side of the creek. Six foot tall vinyl fencing exists around most of the perimeter of the subdivision. The remaining fencing to be constructed adjacent to the common area is required to comply with UDC which is 4' tall if solid material is used or 6' tall if open vision material is used. Conceptual building elevations have been submitted for this development. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Matt Howard; Orson Woodhouse ii. In opposition: None iii. Commenting: None iv. Written testimony: Matt Howard Key Issue(s) of Discussion by Commission: i. Conversion of the existing private street (Kalispell) to a public street; ii. Financial burden on the residents for the maintenance of private streets; iii. The UDC requirement for gated entries to the private streets in the absence of a design that creates a common mew. Key Commission Change(s) to Staff Recommendation: i. At the request of the Applicant and at Staffs recommendation, strike condition #1.1.2 requiring the pathway to be extended to the north & south property boundaries on the east side of the Five Mile Creek due to the topography in this area; At the request of the Applicant and at Staffs recommendation, modify condition #1.1.7 to allow the existing fencing adjacent to the common area that is owned by adjacent property owners to remain; the rest of the fencing around the common area would be constructed to UDC standards. Outstanding Issue(s) for City Council: i. The UDC (11 -3F -5D) requires a gate to be installed at the entrance to the private streets; the applicant requests this condition be stricken (see condition #1.1.5) Written testimony since Commission hearing: None Notes: Item #6C& D: Gramercy Pride Apartments (CUP -13-002 and MDA -13-004) Application(s): Conditional Use Permit and Development Agreement Modification Size of property, existing zoning, and location: This site consists of two (2) parcels of land totaling1.38 acres, is currently zoned R-15, and is located south of E. Overland Road; west of S. Accolade Avenue. History: In 2006, the two lots (Lot 9 and Lot 26, Block 3) were created with the approval of the Gramercy Subdivision. In 2007, conditional use permit approval was granted for a condominium project on the two lots and the elevations were tied to an amended DA. The CUP approval has expired. Summary of Request: A CUP and DA mod is requested to develop a total of eighteen (18) dwelling units on two (2) lots (Lot 9 and Lot 26, Block 3 of Gramercy Subdivision. The proposed gross density for this project is thirteen (13) dwelling units per acre which is less than the maximum density allowed in the R-15 zoning district. A previous CUP and DA mod approved Condos on the two properties. Since the CUP has expired the DA needs to be modified allow the site to develop consistent with the proposed application. The recommended DA provision requires compliance with the submitted site plan, landscape plan and building elevations. Unit mix includes eight (8) one -bedroom units, six (6) two-bedroom units and four (4) three-bedroom units. The submitted site plan and landscape plan substantially comply with the requirements of the UDC. Amenities include connecting the developments sidewalks with the adjacent 10 -foot pathways constructed within the Gramercy Development and additional bike parking. The applicant will be seeking approval to use existing amenities (linear open space, a public park, a pathway network and pocket parks) developed with the Gramercy Subdivision and documentation is required verifying the use of said amenities. The two (2) apartment buildings incorporate a mix of building materials as follows: horizontal lap siding, board and batten siding, stucco, decorative corbels, belly bands and stone wainscot. A condition of approval requires the carports to complement the design of the complex. Commission Recommendation: Approval at the April 4th public hearing. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: Becky McKay, the applicant's representative. Key Issue(s) of Discussion by Commission: i. Additional screening (fence or landscaping) along the north boundary of Lot 26, Block 3 (southern lot). ii. The ratio of multi -family units to single family homes developing in Gramercy. Key Commission Change(s) to Staff Recommendation: i. None Written Testimony Since the P/Z Hearing: None Outstanding Issues for City Council: i. None Notes Item #6E: Twelve Oaks (MDA -13-008) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 9.4 acres, is currently zoned C -C & TN -R, and is located at 1845 W. Franklin Road on the south side of Franklin, west of Linder. Summary of Request: The request is to amend the existing DA to allow for a change in the overall development plan for the site. The amendment also includes changes to the text of the agreement to eliminate the references to the preliminary plat which has expired and the requirement for detailed CUP approval. Because the previous project was approved under a CUP/planned development with a conceptual development plan, a detailed CUP was required for all future buildings on the site prior to submittal of any Certificate of Zoning Compliance. Since that time, the City has adopted design standards and guidelines and detailed CUP approval is no longer necessary to ensure quality of design. The existing concept plan included in the DA depicts a mixed use project consisting of SFR townhomes, condo's & community business uses. The proposed concept plan depicts multi -family residential (40+/- units), a residential care facility (35+/- units), single-family residential (12-15 units) and 4 commercial pads with a central open space area containing a pond. The commercial portion at the northeast corner of the site will be an addition to the Hark's Corner commercial project to the east. The proposed plan is consistent with the Comp Plan FLUM designation of MHDR & Mixed Use Community for this site and the C -C & TN -R districts. A pedestrian bridge crossing the Ten Mile Creek is also proposed to be constructed off-site to provide connectivity between the proposed development and the residences in Whitestone Estates subdivision to the south. Pathways are proposed connecting the park and open space area to the residential & commercial components of the development. Conceptual building elevations have not been submitted for this development. Because design review is not required for single-family homes, staff has advised the applicant to present conceptual elevations to the Council at the hearing to ensure quality of development. Outstanding Issue(s) for City Council: i. Access via Franklin Road — The applicant requests 2 accesses as shown on the concept plan. The UDC restricts access to arterial streets unless waived by Council (& approved by ACRD) ii. Cross -access or a stub street to the Roam parcel to the east — In lieu of cross -access being granted through the subject property, the property owner to the northeast, Larry Van Hees, would like to grant a cross- access/ingress-egress easement to the Roam property through Hark's Corner instead. Staff is fine with this as long as an access easement is recorded as such and allows for removal of a minimum 20' wide section of wall that currently separates the property. If Council agrees, DA provision #6.1.6 should be revised accordingly to allow for either option. Until an easement from Mr. Van Hees is recorded, the requirement falls to this property. iii. Conceptual building elevations for the single-family homes Written Testimony: None Staff Recommendation: Approval Notes: Item #6F: 807 N. Meridian Road (RZ-13-003) Application(s): Rezone Size of property, existing zoning, and location: This site consists of 0.47 of an acre, is currently zoned R-8, and is located at 807 N. Meridian Road. History: The property owner states that this property has been used for a variety of non-residential uses and believes it was converted from a residence in the late 1970's. The property is currently being used as an office. The Planning & Building divisions have no records of the property being approved for non-residential purposes. Assuming that the commercial use of the property, including the parking lot design & landscaping lawfully existed prior to the effective date of the UDC, the use would be considered non -conforming as it does not conform to current UDC standards. Summary of Request: The applicant requests a rezone of 0.47 of an acre of land from R-8 to 0-T, consistent with the FLUM designation of Old Town. Approval of the rezone will change the status of the use to a conforming use as professional services are a principal permitted use in the 0-T district. However because a CZC does not exist for the site, a CZC will be required upon a change of use in the future which will involve improvements to the parking lot to comply with current UDC standards. With a new tenant, a C of 0 may also be required to ensure compliance with ADA standards & occupancy classification. The property has one access via Idaho Avenue that leads to the parking area on the west side of the lot; access is not proposed or approved via Meridian Road. Because the structure was constructed in 1905 according to the Tax Assessor's records, Staff sent a memo to the Historical Preservation Commission notifying them of this request. They did not verbally express any concerns at the meeting nor have any comments been received from them. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Matt Hart ii. In opposition: None iii. Commenting: None iv. Written testimony: Matt Hart Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Matt Hart (in agreement w/staff report) Notes: Item #6G: Medina Subdivision (MDA -13-007) Application(s): Development Agreement Modification Size of property, existing zoning, and location: The site consists of 7.66 acres of land in the C -G zoning district and is located at the SWC of Overland & Meridian. Summary of Request: The request is to amend the existing DA, which currently requires all future uses on each lot to obtain (detailed) CUP approval. The applicant's request is to remove the CUP requirement and add language stating all future uses that conform to the C -G zone would be approved & that any future uses with drive-thru windows within 300' of a residential building require a CUP. The applicant states the reason for the request is because the property is bordered on three sides by commercial uses. Additionally, requiring a CUP for each new use that is in conformance with the C -G district is time consuming, costly, and burdens staff with additional work. At the time this DA was approved in 2005, the City did not have design standards; this project pre -dates the UDC. Therefore, CUP approval was required to ensure quality of design of the site & structures. Because the City now has design standards that are applicable to future development of this site, there is no need for detailed CUP review & approval except for when such is required by the UDC for the use. A drive-thru establishment proposed within 300 feet of another drive-thru facility, an existing residence or a residential district is required to obtain CUP approval. Because the current UDC provisions cover the intent of the DA for this property, staff recommends this provision be stricken in its entirety; or, if Council desires to retain the CUP language, Staff recommends changes that are consistent with UDC requirements (see Exhibit A.2). Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Written Testimony: Jeff Huber (in agreement w/staff report) Notes: Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 16, 2013 City Council PreCouncil Meeting MEETING NOTES RrR4 DEQ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 16, 2013 City Council Regular Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 23, 2013 City Council PreCouncil Meeting MEETING NOTES A U MPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of April 23, 2013 City Council Regular Meeting MEETING NOTES g Apli'll!'Now Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: VAR 13-001 Knightsky Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) MEETING NOTES fil Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law and Order for Approval: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Agreement (Instrument # 108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: PP 13-005 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 114 Mile East of N. Black Cat Road Request: Preliminary Plat Consisting of Four (4) Single Family Lots and Two (2) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a C -C (Community Business) Zoning District MEETING NOTES U A� ��3YED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: AZ 13-002 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the R-2 (Low - Density Residential) Zoning District MEETING NOTES � ��fi80uEo Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 7, 2013 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: PP 13-006 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Preliminary Plat Approval Consisting of Sixteen (16) and Single Family Residential Lots and Five (5) Common Lots on Approximately 9.76 Acres in a Proposed R-2 Zoning District MEETING NOTES 56-71' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi - Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 7, 2013 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single -Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty -Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE• May 7, 2013 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 7, 2013 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty -Eight (48) Single -Family Residential and One (1) Multi -Family Residential Building Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Approval of Task Order 10371.a for''Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22'' to GSI Water Solutions, Inc. for the Not -To -Exceed Amount of $53,100.00 MEETING NOTES u✓ APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Kyle Radek Date: 4/23/2013 Re: May 7 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 7th City Council Consent Agenda for Council's consideration. Approval of Task Order 10371.a for "Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22" to GSI Water Solutions, Inc. for the Not -To -Exceed amount of $53,100.00... This Task Order is issued in conjunction with the Master Agreement 6a dated December 6, 2011. Recommended Council Action: Approval of Task Order 10371.a for the Not -To - Exceed amount of $53,100.00. Thank you for your consideration. 0 Page 1 -- E IDIANt�- I D A H O Works Department TO: Keith Watts FROM: Kyle Radek DATE: 4/12/13 Mayor Tammy de Weerd CHV Coandl Member'o Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Project Information; Task Order 10371a with GSI Water Solutions, Inc. for Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22, for a not -to -exceed amount of $53,100. This Task Order would be pursuant to the Master Agreement dated December 6, 2011. I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 li. DESCRIPTION A. Background The City recently completed the first phase of an effort to determine the feasibility of using a technique, known as aquifer conditioning, to treat iron and manganese at Wells 18 and 22. This task order encompasses the work required to complete the second phase of the feasibility study. The second phase is to evaluate whether aquifer storage and recovery (ASR) and aquifer conditioning will be an efficient and effective means for the City to mitigate high manganese and iron concentrations at these wells. This aquifer conditioning feasibility study is currently structured in three phases: Phase 1: Geochemical Feasibility Assessment (completed) Phase 2: Pilot Test Design (current scope) Phase 3: Pilot Testing (fixture task) B. Proposed Project This project is Phase 2 of the overall effort. It includes preparing a predictive geochemical transport model to design the pilot test, then designing and permitting of the pilot testing. If the geochemical modeling effort does not identify any fatal flaws, the City can move forward with Phase 3 Pilot Testing in FY 14 and full implementation shortly afterward. Page I of 2 III. 12"ACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modem reliable facilities while maintaining financial stewardship. This project is directed at our efforts to enhance and protect water quality and is a one of our primary strategies for addressing brown water caused by iron and manganese. B. Fiscal Impact: Project Costs Aquifer Conditioning Feasability, Phase 2 $53,100 Project Funding Consulting (60 - Approved for Council Agenda: Page 2 of 2 $53,100 ate TASK ORDER NO. 10371.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND GSI WATER SOLUTIONS, INC (HYDROGEOLOGIST) �, u, This Task Order is made this day of M , 2013 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (GSI WATER SOLUTIONS, INC), hereinafter referred to as "Hydrogeologist" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 6a) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10371.a is as follows: CITY OF MERIDIAN Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 And 22 PROJECT UNDERSTANDING This task order encompasses the work required to complete the second phase of the feasibility study to evaluate whether aquifer storage and recovery (ASR) and aquifer conditioning will be an efficient and effective means for the City to mitigate high manganese and iron concentrations at Wells 18 and 22. This aquifer conditioning feasibility study is currently structured in three phases: Phase 1: Geochemical Feasibility Assessment (completed) Phase 2: Pilot Test Design (current scope) Phase 3: Pilot Testing (future task) The Phase 1 Technical Memorandum (February 14, 2013 Draft Technical Memorandum) documents the results of the geochemical feasibility assessment, and recommends moving forward with additional feasibility study tasks based on favorable results (Table 1). Table 1. Recommended Aquifer Conditioning FeasibiliV Evaluation Tasks TASK PHASE Prepare a predictive geochemical transport model to design the pilot Phase 2 (Current test Scope) Design, finalize, and permit the pilot program at Well 22 Modify existing wells with temporary piping to conduct pilot testing Phase 3 (Future Task) Develop an approach for brief confirmation tests at other locations where appropriate Task Order 10371.a Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22 Page 1 of 6 GSI Water Solutions, Inc SCOPE OF WORK Hydrogeologist will subcontract Anchor QEA to provide geochemical modeling assistance for Phase 2. Hydrogeologist will also subcontract Murray Smith and Associates (MSA) to provide civil Hydrogeologist support for the pilot test design and cost estimating work. Task 1: Reactive Transport Modeling Hydrogeologist recommends building on the geochemical modeling completed for Phase 1 with geochemical reactive transport modeling to design the pilot test. Specifically, the model will be used to evaluate: • The recommended number of ASR cycles; • The recommended residence time for stored water; • The recommended recovery approach (full or partial for initial cycles); • Recovered water quality relative to the last cycle's recovery efficiency (the expected breakthrough curve). The model will be implemented in PHT3D; a simulator which couples the chemical modeling capabilities of PHREEQC with the groundwater flow and transport code MODFLOW/MT3D. PHT31D has been applied to a wide range of groundwater quality analyses, including ASR. The well and aquifer hydraulic and transport properties used in the analysis will be based on information and data compiled from well drilling and construction logs, pumping tests, and published sources of hydrogeologic data (for example, Idaho Water Resources Research Institute Technical report IWRRI-204-01). The representation of concentrations of reactive mineralogy and geochemistry of the aquifer in the vicinity of the well will be based on our geochemical modeling analysis from Phase 1 and previously published studies (for example, Idaho Water Resources Research Institute Technical Report IWRRI-2002-08).'The chemical composition of native and injected groundwater will be defined based on available water chemical analyses. The geochemical processes simulated will include dissolution and precipitation of iron and manganese minerals in the aquifer in response to changes in groundwater chemistry and redox conditions as water is injected and withdrawn from the well. In addition, the partitioning of dissolved ions between groundwater and aquifer mineral surfaces by adsorption will be simulated. Mineral dissolution/precipitation processes will be represented by either equilibrium and/or kinetic reactions as appropriate. Adsorption occurs via two processes: (1) surface complexation on iron and manganese oxides, and (2) cation exchange on clay minerals, both of which will be represented by equilibrium reactions. The model will simulate an injection cycle during which the oxidizing injection water will react with native groundwater and aquifer minerals to produce an oxidized zone around the well. This injection cycle will be followed by an extraction cycle during which the injected water is withdrawn and the native groundwater reacts with the conditioned aquifer zone to achieve in situ iron and manganese removal prior to being extracted. The simulated extraction cycle will be continued until breakthrough of iron and/or manganese occurs at the well in order to Task Order 10371.a Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22 Page 2 of 6 GSI Water Solutions, Inc evaluate the ratio of treated extraction volume per injection volume. Multiple injection/extraction cycles will be simulated to predict how this ratio will change with time over multiple conditioning cycles. The pilot test will be designed to verify the model predictions and, if necessary, provide refined estimates of key model parameters. The end -product of the reactive transport model will include a tool that will have utility to the City if they decided to evaluate either expanding the program or evaluating other geochemical issues. The verified model could be easily adapted to pilot test or full-scale implementation designs at other wells, providing a quantitative tool for evaluating potential consequences of future operational changes on produced water quality from the conditioned wells. Consequently, the level of effort for this first phase of reactive transport modeling is higher than would likely be required for future projects. If the reactive transport modeling suggests that the amount of water or time required to develop an efficient recovery system is impractical, then the City may elect to end the pilot program at this step. Deliverable: A technical memorandum describing modeling results and pilot test design recommendations. Task 2: Pilot Test Design Using the Task 1 results, Hydrogeologist will work with City staff to develop: 1. The specific recharge approach; manifold, valving, materials, and instrumentation; 2. Volume and rate targets; designed to reflect operating conditions to the extent practical; 3. Monitoring approach; locations, instrumentation, level of assistance, sampling protocol, and analytical program; 4. Recovery method; existing pump, temporary equipment, long-term rental, or install/remove with each cycle; 5. Recovered water management; waste location, rate limitations, potability confirmation target, potential to recover water to the City's distribution system. Development of this information will result in a Pilot Test Workplan sufficient to support the City's injection well permit application (Task 4). Hydrogeologist and MSA will prepare for and facilitate a workshop with City staff to evaluate how best to arrange recharge design, test rates, instrumentation, potential to use of existing pump, and waste discharge management. We will develop a buildup (mounding) analytical model, will review nearby well locations, and will design an observation well network. A monitoring program will be presented for discussion, including instrumentation, groundwater sampling schedules, laboratory analytical program, and technical support. We have assumed that this will be a four hour workshop that will require time to prepare and review as -built drawings. Deliverables: 1. PDF of draft pilot testing plan (11x17 template) Task Order 10371.a Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22 Page 3 of 6 GSI Water Solutions, Inc 2. PDF of final pilot testing plan (11x17 template) Task 3: Pilot Program Cost Estimate Once the pilot test approach is finalized in Task 2, the Hydrogeologist team will acquire detailed design, contractor, analytical, and labor cost estimates specific to the selected test approach. The City may elect to cancel or defer the pilot test program at this stage depending on budget constraints. Hydrogeologist and MSA will contact vendors, construction and pump contractors, and analytical laboratories to compile test -specific costs for developing the temporary facilities and for implementing the selected test approach at Well 22. In addition, fees for consulting services specific to the testing/monitoring approach will be developed and included in the total. We have estimated 1 week will be required to prepare these estimates. Deliverable: a brief memorandum documenting pilot program implementation costs. Task 4: Permitting This Task is included in Phase 2 to ensure that the permitting process will not result in unanticipated effort that will influence the Phase 3 Pilot Test program. The Idaho Department of Water Resources (DWR) will require a permit to "construct, modify, or maintain" an injection well through their Underground Injection Control (UIC) Program administered for the USEPA. This is a relatively simple permit that focuses on the location and construction details of the proposed injection well. DWR indicated they would request a pre - application meeting to review the project intent, approach, and geochemical compatibility results. As part of the permit submittal, it is likely that the geochemical results and some of the City's water quality data will be required for DWR review. Hydrogeologist will organize a pre -application meeting with DWR to present the geochemical modeling results, testing plan, observation network, and monitoring plan. Hydrogeologist will then prepare a permit application for the City to submit. We have assumed two days of preparation time and one three hour meeting will be required. Hydrogeologist will prepare a well location map. We suggest structuring the permit to include all of the City's wells that may be considered for use as ASR wells. The permit application must be publicly advertised for a 30 day period and we have assumed that the City will submit the $100 processing fee. Assuming there are no issues with the monitoring plan or public comment, DWR suggested that the permit may require two months from submittal to approval. Hydrogeologist would explore with DWR the possibility of structuring the permit to include all of the City's wells that may be considered for use as ASR wells. This would require including a permit condition that a monitoring plan, geochemical evaluation, and test description be submitted prior to conducting each pilot test, and test results approved prior to construction of permanent facilities. Deliverable: A UIC permit application. Task Order 10371.a Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22 Page 4 of 6 GSI Water Solutions, Inc ASSUMPTIONS We have assumed that: • No telemetry will be required for automatic valves (i.e., all ASR pilot testing will be done by manually operating valves and pumps). • City staff will use their existing hydraulic system model to evaluate the maximum recharge rate for testing and long term operations. • Pilot test design will consist of a 1 -page plan. • The Task 2 Pilot Test Workplan will satisfy IDWR's permitting requirements without revision. • Bidding documents are not required. • Construction cost estimates are intended as a tool to help MSA, Hydrogeologist, and the City evaluate and manage the project from a budgetary perspective. The relative accuracy of this work will be dependent on the available resources available at the time the work is performed (e.g., contractor and supplier quotes). MSA will endeavor to produce these opinions within the accuracy ranges identified in AACE International's Recommended Practice Document No. 18-R-97. • Construction cost estimates can be expected to vary from actual construction costs due to a number of factors, many of them outside the control of the City, Hydrogeologist, or MSA. These factors include, but are not limited to, type of procurement (e.g., bid, quote solicitation, sole source), volatility and unknowns regarding commodity pricing, the labor market, inflationary escalation, etc. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by April 11, 2013 and resulting in Final Design being completed by August 1, 2013. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Reactive Transport Geochemical Modeling (both wells) May 15 $ 26,400 2 Pilot Test Design June 20 $15,400 3 Pilot Program Cost Estimate July 3 $ 6,700 4 Permitting August 1 $ 4,600 TASK ORDER TOTAL $53,100 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10371.a is fifty three thousand one hundred dollars ($53,100.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Task Order 10371.a Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22 Page 5 of 6 GSI Water Solutions, Inc Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN GSI WATER SOLUTIONS, INC BY:� :r-�,_ BY: U TAMMY de W , MAYOR Dated: 5-7-13 Dated: Approved by Council: V]aAi- 7, 00nTEt-I. ALCM SI 7 CO r�U - ,�Vity of JKT-Utt LLWLMAN, CITY CLERK ti- Yt .EINI. m \ r SEA1 Purchasing Approv ll E� �� tae TRF I BY: KEIT ATTS, Purchasing Manager City Project Manager 1AN IDAHO P�~ m Tent Ap r I BY: r �- - W EN ST RT, Engineering Manager Dated: Z ?r Task Order 10371.a Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22 GSI Water Solutions, Inc Page 6 of 6 Meridian City Council Meeting DATE: Mav 7, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Sewer Main Easement for Concept Investments, LLP (Tates Rents), 203 S Main St. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION M, DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN-- Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 4/10/13 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Sewer Main Easement for Tates Rent, 203 S. Main St. I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located on the site of Tates Rent, 203 S Main St.. 2. This easement provides the City of Meridian access to a public sewer main installed to provide service for Tates Rent. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II Denny Cline, Development Analyst II n, Development Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 www.meridiancity orq Fax 208.887.1297 ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 I BOISE IDAHO 05/09/13 10:20 AM DEPUTY RECORDEDIC REQUEST OF Meridian City 113050576 SANITARY SEWER EASEMENT THIS INDENTURE, made this =day of d - , 2013 between Concept Investments, LLP, the party of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. The parties acknowledge that at the time of the granting of this easement, there are property improvements constructed over the easement as depicted on Exhibit B. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. Sewer Main Easement Tates Rents Sewer Easement proposed final Q IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. The structure located on the easement as depicted on Exhibit B shall not be considered to have been placed in violation of this easement as long as the encroachment is not expanded in size beyond what is depicted at the time of execution of this easement. In the event that the structure depicted on Exhibit B is demolished in whole or in part, Grantee's permission to allow the. structure over this easement shall be revoked and the placement of any additional structures upon or over this easement shall not be allowed. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CONCEPT INVESTMENTS, LLP Eric Tate, Partner Trent Tate, Partner r Sewer Main Easement Tates Rents Sewer Easement proposed final Q ^ STATE OF IDAHO ) ss County of Ada ) On this TI} day of &X , 20, before me, the undersigned, a Notary Public in and for said State, personally appeared Eric Tate and Trent Tate, known or identified to me to be Partners of the Limited Liability Partnership that executed the within instrument, and acknowledged to me that such LLP executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist *above, �ri���, P W ®•� i �v s 4�RPUbLICTOR IDAHO PUBO. Residing at: ` < 6 o `s,s'••. • : �.r; Commission Expires: u' r °RT.�rF of GRANTEE: CITY OF MERIDIAN Tammy de Wry% Mayor City Of i C46 IMAM, i©AMO F SEAL 4Citylerkf� t��a Ae THE#5 Approved By City Council On: r c90 6-3 STATE OF IDAHO ) ss County of Ada ) .w°° +hOn this day of , 20 l3 , before me, the undersigned, a Notary Public in and for said State, personally appeared fAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. m *sora A - yT A,W Lt � k r (SEAL) Sewer Main Easement Easement proposed final v2 r NO RY PUBS I FOR IDAHO Residing at: mu-tdko—rl ! Z) Tates Rents Sewer Sewer Main Easement Easement proposed final Q Commission Expires: L \)t�Lr"\ Lt (j( q. Tates Rents Sewer k m-, L '•.Ji._, 1D _3 1 2013.6-19.69139 r ; �Y�.l� %.f /� �� i.�'•'.�r:3�J February 21, 2013 Tates Rents Project No. 13-001 Legal Description Sanitary Sewer Easement t ,4n 20 -ft wide easement for the purpose of access and maintenance of an existing sanitary sewer main situated in a portion of Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an the Northwest corner of Section 18, thence following the northerly line of said Section, N89'19'53"E a distance of 430.20 feet to a point; Thence leaving said northerly line and following the westerly right-of-way line of South Main Street, 501'15'14"E a distance of 395.64 feet to a point; Thence leaving said westerly right-of-way line, N89°18'36"W a distance of 143.50 feet to the POINT OF BEGINNING. Thence S02'53'09"W a distance of 298.91 feet to a point; Thence S00°51'31"W a distance o'122.75 feet to a point; Thence N88'33'28"W a distance of 20.00 feet to a point; Thence N00°51'31"E a distance of 22.90 feet to a point; Thence NO2°53'09"E a distance of 298.49 feet to a point; Thence S89'18'36"E a distance of 20.01 feet to the POINT OF BEGINNING. Said parcel contains 6,430 square feet more or less and is subject to all existing easements and/or rights- of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �, 1`5 "-,*N N89' 19'53"E ® 480.20' NW CORNER SECTION 18 in Lo ,- rn ® N89°18'36"W 143.50' c) S89'1 8'36"E I \-POINT OF 20.01' I I BEGINNING I I I I ISI PROPOSED 20 -FT SEWER EASEMENT I(AI_ N I 00 10) 203 S. MAIN ST. ISI �I I� r7 I I O N II (V zI Itn I EXISTING SEWER MAIN EXISTING BUILDING N00'51'31"E�l 5 �l S00'51'31"W 22.90 ��'� 22.75' ® N88 3_- 3'28"W 151.85' o e ® ®Q N88'33'28"W 20.00' ■-1\►/YI I1-1-9WIN I'm F~ ENGINEERS. SURVEYORS. PLANNERS 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE(208)639-6939 FAX(208)639-6930 DATE: 4-15-2013 PROJECT: 13-001 SHEET: 1 OF 1 Lu W G) I /N[�L LAND 12459 1p �O 9y%E OF SOP QO L. BN 15. 2,0 1 LEGEND SECTION CORNER O PROPERTY CORNER CALCULATED POINT ® PARCEL BOUNDARY — — — — — — EASEMENT LINE — SECTION LINE s EXISTING SEWER MAIN EXHIBIT B TATES RENTS - SANITARY SEWER EASEMENT A PORTION OF GOVT LOT 1, SECTION 18, T3N, R1E, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Recreational Pathway Easement Between Bridgetower Owner's Association and the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 05/09113 10:20 AM DEPUTY Vicky Bailey RECORDED -REQUEST OF 113050675 Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this I day of �` o'i _, 2013, between Bridgetower Owners Association, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and .-. WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing a public recreational pathway for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantee shall repair and maintain the pathway improvements, however, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Bridgetower Owners Association Association Management,, Inc. BY: Alana/Walker Its: Manager �o.••euu..•, N.o.®ee�e �e ••••e® a4 S i 41P0+ y STATE OF IDAHO ) °0. AUBLIGIot 0 ss �� �P ®e e ire l',Q ••e000000� vl ° `''•.,rF OF 14..x'° County of Ada ) On this day of K(czj , 2013, bef re me, the undersigned, a Notary Public in and for said State, perso ally appeared , known or identified to me to be the l that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand d affixed my official seal the day and year fist above written.ti/ NOTARY PUBLIC FOR ID Residing at: & u t c -p- / ae -� Commission Expires: 07-66- GRANTEE: CITY OF MERIDIAN Tammy de WeXrV, Mayor Attest by d#cee Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) v¢ 1 u a r, city Of E IDIA N* IDAHO SEAL s of On this -:+ day of_H1!;?,.,` , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEA *tl N AR%Y P ' Residing at: • z da s � Commission VV *s ' OF li�� *f#880* EXHIBIT A City of Meridian • Parcel 4 - Permanent Easement Description An easement for pathway and utility purposes located in the SE % of Section 35, Township 4 North, Range 1 West, Boise Meridian, and being a part of Lot 1 of Block 1 of BRIDGETOWER CROSSING SUBDIVISION NO. I as shown in Book 84 of Plats at Page 9392 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly coiner of said SE '/4, from which a brass cap monument marking the southeasterly corner of said SE '/4 bears S 89°14'59" E a distance of 2643.42 feet; Thence N 0126'35" E along the westerly boundary of said SE % a distance of 255.75 feet to a point on the southwesterly boundary of said Lot 1; Thence leaving said westerly boundary S 62'08'53" E along said southwesterly boundary a distance of 359.50 feet to the POINT OF BEGINNING; Thence continuing S 62'08'53" E a distance of 48.29 feet to a point; Thence leaving said southeasterly boundary S 89°14'59" E a distance of 1012.92 feet to a point; Thence N 85°02'23" E a distance of 110.55 feet to apoint on the easterly boundary of said Lot 1; Thence N 0'26'18" E along said easterly boundary a distance of 20.09 feet to a point; Thence leaving said easterly boundary S 86'03'58" W a distance of 111.29 feet to a point; Thence N 89°14'59" W a distance of 1054.87 feet to the POINT OF BEGINNING. This parcel contains 25,076 square feet (0.576 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS y 1�ED Civil Survey Consultants, Incorporated December 11, 2012 ' c) N .so aL _ ]„gi,9L.0 N 3 W o•Z o0 h z Q .I .I iI \ h II 41 opo • �I m�v iso Q \ 0 v � 0 2yh I� 4u�al�5i pa h r V / z LQ yq IA o� 'A 56/ry�h ! 3 „SF940 N F h N 02��2 N Zu z 8 400. Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5U PROJECT NUMBER: ITEM TITLE: License Agreement Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding the Ten Mile Stor-It Recreational Pathway on the Ten Mile Drain MEETING NOTES �i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Paramount Sub. 22 Multi -Use Pathway Pedestrian Easement MEETING NOTES Lv_j APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 5W PROJECT NUMBER: ITEM TITLE: Lease Agreement for Concessions Operations at Settlers Park Between All Cad North West, LLP and the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS PARK ("Lease") is entered into by and between the City of Meridian ("Landlord"), and All Cad North West, LLP ("Tenant"), effective the -- day of. Q,L. 2013. In this Lease, Landlord and Tenant may be referred to individually as a "Party" or collectively as "Parties." WHEREAS, Landlord owns Settler's Park, located at 3245 N. Meridian Road, which park includes a concession building adjacent to the splash pad (hereinafter "Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Tenant; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of Rent, and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. II. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions; and the sale of food, beverages, swim diapers, and novelty items as set forth in Request for Proposals for Project no. PKS-13-10121 A, and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises, Tenant shall provide the services enumerated in Attachment A (Specifications/Scope) of the SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 1 of 11 Request for Proposals for Project no. PKS-13-10121A, attached hereto as Exhibit A, under sections B (Dates/Times of Service) and D (Additional Requirements). Further, Tenant shall insure that the area within and immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter, or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin on May 1St, 2013 ("Effective Date"), through 11:59 p.m. on September 30, 2015, unless earlier terminated by either Party by the method established herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services, and waste disposal services. Land line telephone service is not available at the premises. B. Personal property taxes. If applicable, Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all property of Tenant located on or at the Lease Premises. "Property of Tenant" shall mean and include all personal property of Tenant including any inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant. C. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Tenant, at Tenant's sole expense, shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord. Any property left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 2 of 11 liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. D. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises "as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. E. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. F. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. G. No assignment or subletting. Tenant shall not, without first obtaining Landlord's consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises; or (3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. H. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No. 101-336,42 USC 12101 et. seq. as it may be amended from time to time ("ADA"). I. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Premises. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 3 of 11 Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not be required to, pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. K. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability, claim, judgment, or action for damages or injury to Tenant, to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. L. Insurance. 1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises, having a combined single limit of not less than one million dollars ($1,000,000) per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000) per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 4 of 11 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this lease insurance covering all of Tenant's and Landlord's furniture and fixtures, machinery, equipment, inventory, and other personal property owned or used by Tenant in, on, or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage; however, if this Lease ceases due to early termination due to damage or destruction as described herein, Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. 3. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 4. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 5. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises, including, but not limited to, the electrical systems, roof, and structural integrity of the premises, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 5 of 11 Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's itemized bill therefor. B. Equipment. The parties acknowledge equipment owned by Landlord, as described in Exhibit C hereto. All such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense. During the Term, Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises subject to Tenant's reasonable security requirements and reasonable client confidentiality requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises, excluding equipment described in Exhibit C, which insurance Tenant shall provide. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. VII. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Tenant: All Cad North West, LLP Attn: Melissa Mendez 1465 E. Commercial Drive Meridian, ID 83642 Landlord: City of Meridian Attention: Colin Moss 33 East Broadway Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. Notice shall be deemed to have been given upon deposit in personal delivery to the party above specified. mail, postage prepaid. the U.S. mail, or upon SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT Page 6 of 11 A. Early termination due to damage or destruction. In the case of damage to the Lease Premises by a Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, fire, flood, vandalism, accident, governmental acts, and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease. B. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms, covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Tenant in and to Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided, Landlord may, upon three (3) days notice, enter into and upon the premises, take possession thereof and expel Tenant therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. C. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. D. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. E. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT Page 7 of 11 F. Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. G. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises. H. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: ALLCAD NORTHWEST Melissa Mendez A. s �� flTA*r IWO (w •��r,,� f►�9 � tO��©,`you .0"',�rtil~'Sol" LANDLORD: CITY OF MERIDIAN: BY: Tammy d State of Idaho ) ss: County of ) I HEREBY CERTIFY that on this 7 day of April, 2013, before the undersigned, a Notary Public in the State of Idaho, personally appeared Melissa Mendez, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first 0ove written. f Notary Public 1 Idaho i F Residing at G 1''; , Idaho My Commission Expires: Mayor �1 IDAHO City Clerk Page 8 of 11 SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT EXHIBIT A REQUEST FOR PROPOSALS FOR PROJECT NO. PKS-13-10121A SEE ATTACHED SEPARATELY SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 11 EKIDIA PURCHASING DEPARTMENT H 33 East Broadway Ave., Ste 106 Meridian, ID 83642 Phone: (208) 489-0416 Fax: (208) 887-4813 REQUEST FOR PROPOSALS PROJECT NO, PKS-13-10121A CONTRACT SPECIFICATIONS FOR: 2013 SETTLERS PARK CONCESSIONS PROPOSALS MUST BE RECEIVED PRIOR TO 4:00 P.M. MARCH 19, 2013 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 Pre -Bid ConferenceMalk Through MANDATORY []YES [x] NO March 11-, 2013 3:00 mm. Settlers Park Concession Blda 3245 N Meridian Rd, Meridian Prepare{ Del: KU IN WA 115 NAME AND ADDRESS OF VENDOR SUBMITTING PROPOSAL NAME: ALL c -AA NOR.Tt wEs7 ADDRESS: IgUS 1E. LD4MMV.C1kL X. DATE% 31 11c; I l3 Email: NCAA SSK @ ALL CMNIL) •COW 1U1M I) I w . Tt (lard 9SU14 6Nv Page 1 of 17 PART I NOTICE CALLING FOR PROPOSALS PURPOSE Meridian Parks and Recreation is seeking proposals for vendors to provide seasonal concessions services in the Settlers Park concessions building. SCOPE OF WORK Contained within the Specifications / Scope of Work "Attachment A" are specific objectives which will be required of the awarded respondent. The City of Meridian shall retain the ability to revise this scope as necessary. PRESENTATIONS Those respondents which are determined to be bes services required under this Request for Proposals presentation to the City. Further Information may be respondents after the initial selection. SUBMITTAL REQUIREMENTS t qualified to undertake the may be invited to make a provided to the prospective One (1) original and one (1) copy of the respondents sealed proposal will be received by the City on MARCH 19, 2013 until 4:00 p.m., MT at the office of the Purchasing Agent, City of Meridian, 33 East Broadway Avenue, Ste. 106, Meridian, Idaho 83642. The Proposal must contain, but is not limited to the following information: 1. Completed proposal form submitted on PART III - A PROPOSAL FORM. 2. A summary of the respondents experience with projects similar to the types of work stated in this Request for Proposals, submitted on PART III - IB, RESPONDENT'S EXPERIENCE STATEMENT. 3. Any additional information which the respondent deems appropriate. Page 2 of 17 GENERAL TERMS AND CONDITIONS Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Proposal. The City reserves the right to waive any informalities or minor irregularities in connection with the Proposals received. All provisions of the City code are applicable to any Proposal submitted or lease agreement awarded pursuant thereto. Within thirty (30) days after the Proposal opening, a lease agreement may be awarded by the City to the lowest responsive and responsible Proposer, subject to the right of the City to reject all Proposals, as it may deem proper in its absolute discretion. The time for awarding a lease agreement may be extended at the sole discretion of the City if required to evaluate Proposals or for such other purposes as the City may determine, unless the Proposer objects to such extension in writing with his Proposal. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. ADDITIONAL TERMS AND CONDITIONS EXAMINATION OF CONTRACT DOCUMENTS The Proposer's shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and sha;l not at any time after submission of the Proposal, dispute such specifications and the directions explaining or interpreting them. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Proposals, General Conditions and Instructions to Proposal's, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Proposal's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. It is understood that these documents will form the basis of the purchase agreement upon award of the lease agreement. All materials or services supplied by the Lessor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. Page 3 of 17 CITY'S REPRESENTATIVES Purchasing Representative Keith Watts, Purchasing Manager 33 East Broadway Ave Meridian, ID 83642 (208) 489-0417 Fax (208) 887-4813 kwatts a(�,maddiancity.org Technical Representative Colin Moss, Project Manager 33 East Broadway Ave Meridian, ID 83642 (208) 888-3579 Fax (208) 898-5501 cmoss a( Jmeridiancitv.orq Any and all explanations desired by a respondent regarding the meaning or interpretation of this Request for Proposals or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with section 1 "EXPLANATIONS TO RESPONDENTS". Violation(s) may be caused for rejection of the proposal. Dated: 2,Z -2 -Al 91 1 CITY OF MERIDIAN Keith Watts, Purchasing Manager Page 4 of 17 PART 11 INSTRUCTIONS TO RESPONDENTS EXPLANATIONS TO RESPONDENTS There are seventeen (17) total pages in this Request for Proposals. It is the respondent's responsibility to ensure that all pages are included. If any pages are missing, immediately request a copy of the missing page (s) by e -mailing your request to Keith Watts, Purchasing Agent at kwattsna meridiancitx.org , RFP Project # PKS-13-10409. Any explanation desired by a respondent regarding the meaning or interpretation of the Request for Proposals, or any part thereof, must be requested in writing( via fax or e-mail) and with sufficient time allowed for a reply to reach respondent before the submission of their proposal. Any Request of a technical nature should be sent to BOTH the Purchasing Representative and Technical Representative. Any interpretation made will be in the form of an addendum to the Request for Proposals, issued by the Purchasing Agent, and will be furnished to all prospective respondents of record. Oral explanations or instructions given before proposal opening will not be binding. 2. CONDITIONS AFFECTING THE WORK Before submitting a proposal, each respondent must (1) examine the Request for Proposals documents thoroughly, (2) visit the site to familiarize himself/herself with local conditions that may, in any manner, affect cost, progress or performance of the work, (3) familiarize himself/herself with Federal, State and Local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (4) study and carefully correlate respondent's observations with the Request for Proposal's. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of successfully perfonning the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the lease agreement, unless included in the Request for Proposal's, or any addendum, 3. SUBMISSION OF PROPOSALS Interested vendors shall submit one (1) original and one (1) copy of their response in Accordance with this Request for Proposals and must be sealed and addressed as directed below. Failure to do so may result in a premature opening of, or a failure to open, such proposals. Such premature or late opening, or failure to open, may result in disqualification of the proposal. The outside of the envelope must bear the notation: PROJECT # PKS-13-10409 2013 SETTLERS PARK CONCESSIONS MARCH 19, 2013 4:00 P.M. The envelope must be addressed and delivered to; City of Meridian, Purchasing Department, 33 East Broadway Avenue, Ste. 108, Meridian, Idaho 83642. Page 5 of 17 4. LATE PROPOSALS AND MODIFICATIONS Proposals and modifications thereof received after the exact time of closing of proposals which is 4:00 p.m. MT, MARCH 19, 2013 will not be considered. 5. WITHDRAWAL OF PROPOSALS Unless otherwise specified, proposals may be withdrawn by written request received from respondent prior to the time set for closing of proposals. 6. PROPOSAL REQUIREMENTS To receive consideration, the proposal must comply with the following additional requirements: a.) The proposal and all other documents or material submitted will be deemed to constitute part of the proposal., b.) Proposals must be valid for a period of sixty (60) calendar days from the date of opening. 7. INTENT OF THE CITY The objective of this Request for Proposals is to provide sufficient information to enable qualified respondents to submit written proposals. This Request for Proposals is not a contractual offer or commitment to purchase services. Contents of this Request for Proposals and respondent's proposal will be used for establishment of final contractual obligation. it is to be understood that this Request for Proposals and the respondent's proposal may be attached or included by reference in an agreement between the City and successful respondent. S. BASIS FOR SELECTION This Request for Proposals will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a. (20 points) Product menu and proposed prices. b. (30 points) Proposed lease payment c (40 points) References and experience in similar operations. d. (10 points) Additional information. Proposals containing false information will not be considered. Potential vendors whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude will not be considered. Page 6of17 _ The City reserves the right to reject any or all proposals, to make an award on the basis of suitability to purpose or superior quality, to accept other than lowest proposal or any other criteria the City believes to be in the best interest of the City. After the City has identified the proposal with the best value for the City, the City shall have the right to negotiate with the respondent over the final terms and conditions of the lease agreement. These negotiations may include bargaining. The primary objective of the negotiations is to maximize the City's ability to obtain best value, based on the requirement and the evaluation factors set forth in the Request for Proposals. If an agreement cannot be reached, the negotiation will be terminated and similar negotiations will occur with the second ranked firm. 9. INDEMNIFICATION AND INSURANCE INDEMNIFICATION. By Tenant -Tenant agrees to indemnify and hold Landlord and Landlord's employees, and agents harmless against all actions, claims, demands, costs, damages or expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Landlord or which Landlord may incur, by reason of Tenant's negligent or willful act or omission. By Landlord. Landlord agrees to indemnify and hold Tenant and Tenant's members, directors, officers, employees, and agents harmless against all actions, claims, demands, costs, damages or expenses of any kind on account thereof including, without limitation, attomeys' fees and costs of defense, which may be brought or made against Tenant, or which Tenant may pay or incur, by reason of Landlord's negligent or willful act or omission. INSURANCE. Comprehensive Liability Insurance. Tenant shall purchase and maintain throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Premises, having a combined single limit of not less than $1,000,000.00 per person and per occurrence and property damage liability insurance with a limit of not less than $1,000,000 per accident or occurrence. The insurance shall Insure against any and all liability of Tenant with respect to the Premises and any other portions of the Building used or useable by Tenant. Landlord shall also maintain a Liability Insurance policy to cover the property. The tenant shall cause the Landlord to be named as an additional insured on the tenant's commercial general liability insurance policy. Personal Property Insurance. Tenant shall purchase and maintain in force insurance covering all of Tenants and Landlords furniture and fixtures, machinery, equipment, inventory, and other personal property owned and used in Tenant's business and found in, on, or about the Premises or the Building, and any leasehold improvements to the Premises, if any, in an amount not less than 100% of the full replacement cost. All policy proceeds will be used for the repair or replacement of the property damaged or destroyed regardless of the causes of such damage; however, if this Lease ceases under the provisions of Section 12, Tenant will Page 7 of 17 be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. The tenant shall cause the Landlord to be named as an additional insured on the tenant's personal property insurance policy. Casualty Insurance. Landlord shall maintain insurance on the Building (excluding any fixtures and items which Tenant is entitled to utilize or required to remove, which insurance Tenant shall provide) against damage by fire and the perils now specified in the most current standard extended coverage endorsement in an amount equal to the replacement cost of the Building as reasonably determined by Landlord, exclusive of the cost of excavations, foundations, and footings. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. Failure of Tenant to Insure. 1n the event the Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant in Section 14, the Landlord has the right to terminate the lease. The Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 10. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession are public records. Proposals are public records and, except as noted below, will be available for inspection and copying by any person. if any Proposer claims any material to be exempt from disclosure under the Idaho Public Records Law, the Proposer will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Proposer, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Proposer upon request after the award of the lease agreement. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential disclosure. Page 8 of 17 11. PROPOSED SCHEDULE Issue the Request for Proposal February 26, 2013 Pre -Proposal Conference (On Site) March 11, 2013 Receive Qualifications March 19, 2013 Anticipated Selection Date March 25, 2013 Anticipated Award of Lease April 9, 2013 12. TERM The lease agreement will be for a term of 3 years unless otherwise negotiated between the successful Vendor and the City of Meridian. Page 9of17 PART III PROPOSAL DOCUMENTS A - PROPOSAL FORM In response to the Request for Proposals, the undersigned respondent hereby proposes to furnish labor, material, travel, professional services, permits, supervision, equipment and equipment rental and all related expenses, and to perform all work necessary and required to complete the following project in strict accordance with the terms of this Request for Proposals and the final lease agreement for the prices specified by the respondent for. PROJECT # PKS-13-10409 2013 SETTLERS PARK CONCESSIONS Respondent certifies that he/she has examined and is fully familiar with all of the provision of the Request for proposals and any addendum thereto; that he/she is submitting a proposal in strict accordance with the Instructions to Respondents; and that he/she has carefully reviewed the accuracy of all attachments to this proposal. Respondent certifies that he/she has examined the proposal documents thoroughly, studied and carefully correlated respondent's observations with the proposal documents, and all other matters which can in any way affect the work or the cost thereof. Respondent agrees that this proposal constitutes a firm offer to the City which cannot be withdrawn by the respondent for sixty (60) calendar days from the date of actual opening of proposals. If awarded the lease agreement, respondent agrees to execute and deliver to the City within seven (7) calendar days after receipt of City's Conditional Notice of Award, the applicable Lease agreement form, insurance certificates and bonds (if required). Attached is the Respondent's Experience Statement (Part III, B) which has been completed by respondent and made a part of this proposal. Respondent also acknowledges receipt of the following addendum to the Request for Proposals which addendum have been considered by respondent in submitting this proposal (if none, state "NONE"): Addendum No. 1 NOME Addendum No. 2 PLEASE RETURN THIS PAGE WITH YOUR PROPOSAL Page 10 of 17 Submitted by, Vendor Information Business Name: NLLCAO t'jolknumsTT , LLf, Name: MC-USS4\ t\AUJ%7.. SSN: Elm*. 30- Obi U a`1 d State of Idaho Resale Number: 00 &I O N?(o Address: MUS E. C0MtY1eVr_ (A . 09, City: MJEfLIIDIPdV State: -To*t o Zip: $Ito & Home Phone: Work Phone: dS?$'.$S9-1'14-'9 Cell Phone: ab8. $*1 E -Mail: tACUSSA ALL UP b MW • CDK Fax: Note: if respondent is a corporation, give State of incorporation; if a partnership or joint venture, give full names of all partners or joint venturers. SiWA TE OF T -O A- to Pf&iuSttl P 1MAEUSSA iUIe%WEZ ANO 13R.IAlk) 13tl�t' G MEZ. Utk?mIT'1t OWKV - PLEASE RETURN THIS PAGE WITH YOUR PROPOSAL Page 11 of 17 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate. Officer or the owner or a partner in the business entity submitting this Proposal; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this Proposal, that the undersigned knows and represents and warrants to the City of Meridian that this Proposal is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this Proposal. I declare under penalty of perjury that the foregoing is true and correct. LESSEE /FIRM: A -tLcPA N021't'u.ES7 " BY: , MEUSS'Ac MOUfD5'Z.. TITLE: ALUNM I YUIW h6SL ADDRESS: NU1d L- . LwArA RU RL DR . WOW. ZoAtib safgo.. DATE: 6 I t S 1( 3 PLEASE RETURN THIS PAGE WITH YOUR PROPOSAL Page 12 of 17 PART III PROPOSAL DOCUMENTS B -RESPONDENT'S EXPERIENCE STATEMENT The respondent submits as a part of its proposal, the following information as to its experience and qualifications: a. The respondent has been engaged in this business under its present business name for I® years. b. Experience in work of a nature similar In type and magnitude to that set forth in the request for proposal extends over a period of Q+ years. Please answer the following questions with as much detail as possible. Attach additional pages if needed. 1. Please list the products you propose to offer for sale as well as the proposed prices. 51EY-- Pr"CrACttW 2. State your proposed lease payment to operate the concession stand at Settlers Park as described above. Please list as a percentage of gross sales. 1a°Id 3. Please describe your experience in managing comparable operations. Page 13 of 17 4. Please list three (3) references who can attest to your quality of product and service. Name Address Phone Number Relationship 7E% NL-, C5ft0TDM'" '4N'TMPRASES) apg ,-1 cob - do BUS 1MS'5 GLI ENT GMS T kNTGPI . - Mmt®tw - act. M - X1514 MRS'S IftwoKcstrolb aN SibNE - MOMIA s — a09. Mb-toglO PSusIMS 1hAfl1 MIN& - 5. Please disclose any and all criminal convictions, including withheld judgments, for felonies or misdemeanors involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. NO% 6. Please include any additional information you would like to be considered in the RFP awarding process. ( SEE AFCTIPKAigo PLEASE RETURN THESE PAGES WITH YOUR PROPOSAL (INCLUDING ADDITIONAL PAGES AS NECESSARY) Page 14 of 17 ATTACHMENT A SPECIFICATIONS / SCOPE A. Settlers Park Concessions Building. Settlers Park is a 56 acre park located at 3245 N. Meridian Road on the NW comer of Meridian Road and Ustick Road. Amenities at the park include several grass sports fields, a fishing pond, 8 baseball/softball fields (baseball/softball fields contain their own concessions buildings), 2 tennis courts, 16 horseshoe courts, 3 reservable picnic shelters, walking paths, and the Adventure Island Playground which includes a large universally accessible playground, swings, climbing boulders, sound garden, and splash pad. In addition to the amenities listed above, construction is set to begin in 2013 on Phase 11 of Settlers Village Square which will include 4 more performance tennis courts, 1 championship tennis court, and 3 youth tennis courts. With the 2 courts already in existence, by the end of 2013 Settlers Park will have a tennis facility with 7 full-size courts capable of hosting large competitive tournaments. The concessions building is located in the middle of the park within close proximity to the Adventure Island Playground, sports fields, picnic shelters, and horseshoe courts. The interior of the concessions building is 22'x 15 W. Equipment included in the concessions building that will be ayailable for use by the successful vendor include a three compartment sink, hand washing sink, mop sink, refrigerator, chest freezer, microwave and storage cabinet. All other food preparation and storage equipment will need to be provided by the successful vendor. B. Dates/Times of Service. Minimum dates of operation are Monday through Sunday, June 1 through September 2 and Saturdays and Sundays September 7-8 and 14-15. Minimum times of operation are 11.00am-7:00pm on all open days with the exception of dates when outdoor movies are shown at Settlers Park. On such dates, (in 2013, there will be 13 Friday shows from 617 — 8/30 and 3 Saturday shows on 6/15, 7/13 and 8/10) the concessions stand must stay open until the movie is over which varies from 10:45pm-11:45pm depending on the date of the show and the length of the movie. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park, Vendor may choose to be open during dates and times that exceed these minimums. However, hours must stay consistent through the summer. The park will close at sunset unless otherwise ordered or allowed by the Department Director in writing. Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. Page 15 of 17 C. Sales History. The Meridian Parks and Recreation Department has been leasing the Settlers Park concessions building to a third party vendor since 2009. The following are gross sales totals for the entire summer by year. • 2009 - $21,926.75 (open 95 days for a daily average of $230.81) • 2010 - $25,703.00 (open 88 days for a daily average of $292.08) • 2011 - $37,538.09 (open 91 days for a daily average of $412.51) • 2012 - $19,873.60 (open 90 days for a daily average of $220.82) Low sales totals in 2012 were attributed mainly to unusually hot weather and poor air quality that severely reduced the number of park visitors. Local news outlets reported in October that the average temperatures for July -September in 2012 were the hottest ever recorded in the Treasure Valley since data started being tracked in 1865. D. Additional Requirements. Upon selection and prior to award of an agreement, the successful Vendor must: • Have or obtain all necessary Central District Health Department permits. • Provide a credit report (or authorize the City of Meridian to obtain a credit report) and/or a 2011 tax return. • Provide a copy of vendor's current liability insurance policy with the City of Meridian named as additionally insured. • Provide fingerprints and undergo a criminal background check. The cost of the successful Vendor's background check will be paid for by the City of Meridian. If the background check shows any conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude the City reserves the right to terminate negotiations and begin similar negotiations with the second ranked firm. • Upon successful completion of all items listed above, proposer shall negotiate and enter into a separate, detailed lease agreement with the City of Meridian establishing terms and conditions of operation in Settlers Park. This lease agreement will be for a term of 3 years unless otherwise negotiated between the successful Vendor and the City of Meridian. • If employing one or more persons to work in the concession building, provide worker's compensation insurance and require all employees to undergo a criminal background check. Vendor shall not employ any person to work in the concession building whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees' background checks will be paid for by the successful Vendor. The current cost of a background check is $34. Page 16 of 17 M E.9VU Ir2'M SODA........................................................................................................ $1.25 'WATER..................................................................................................... $1.00 gArORADE............................................................................................... 2.00 JUICEBOXES............................................................................................. $1.25 POPCOPW................................................................................................$1.00 SNO CONES (REGULAR & SUGAR FREE)...............................................$1.25 WAC3-f OS................................................................................................... $3.00 -7 OI"DOGS(REGULAR)............................................................................$1.25 HO�rDOGS(G-CUT�ENFREE).....................................................................$1.75 C.2"y.............................................................................................50.25-.51.00 ICECREAM .......................................................................................50.50-52.00 VNCRUSTABLE(PB&j)............................................................................$1.50 CHIPS......................................................................................................... $1.00 9bVFFI.TIS..................................................................................................$1.50 PRE7ZELS.......................................................................... .................... $2.00 *'"-WE "WILL BE .ADDING A FEW MORE SUq R FREE A" GLUT?ENFR.EE ITEMS TO OUR ME9VU TO ACCO91MODATE DIABETIC AND CELJAC CUST'ONERS#* NOTEEZI ITEMS SUNSCREEN............................................................................................. S8. o0 ?'OWEf-.S..................................................................................................... $5.00 BUBBLES................................................................................................... $1.50 IN, fL.ATABLE SOCCER B.gLLS.......................................................................................................$2.00 SQVIRTGUNS.......................................................................................... $1.50 **7.9-aS IS ANEXAMPLE OF OUR NOTEL? l I?�EJt> ,fOR .SCIDS ATI'D ,f.q.a ffLIES- 3WRE To BE ADDED" *'"IWE WlfX .ALSO 3TA17E BA -WD -q rDS ONSIDE .ALT."►VO CM-gAGE'*** ADDI? ON,U REP CO IDEPLA?ION ACCprofits from sates at Settlers Park wi(Cbe donated to Meridian United Sports Center Academy to provide for the youth of Meridian. Meridian United Sports Center Academy (aka Meridian United) is a nonprofit organization that has been formed to strengthen our community, invest in our children, andprovide opportunities for a(Cof our youth regardless of economic class. Meridian ?United will develop our youth into successfufyCayers and teach them life lessons we(Cbeyond the game. 7'he model of Neridian ?United Sports Center Academy focuses on hardwork, ski(CdeveCopment, discipline, andfitness training. We widereate apositive environment for adathletes to improve and develop as individuals through sports with a strong emphasis on character, work ethic, andattitude. Sports have become very expensive and in our economic environment we need to minimize the cost in order for more children to be able to participate. We believe this is one of the areas that youthplayer needs are not being met. Our mission is to invest in our children in our community. ?his is a great opportunity to give back to our children andwe are up for the challenge. QuaCifications I have an extensive Business Management and Customer Service background. I am a Telecommunication Engineer that has workedfor Centurylink for r3 years. I am responsible for designing telephone and data Cines to new developments and buildings throughout the Treasure'alley. I communicate andserve customers on a daily basis to meet theirproject needs. I am also an owner of ACCCAD Northwest, LLP. `We provide engineering and drafting support to engineering firms around the 'United States. -We are also an authorizedAutodesk reseller that sells software andprovides certified training for .Autodesk products. `We have been in business for 10 years and have an office in Meridian, Idaho, and RichC.and,'Washington. I was an owner of SPLATPaintbalCin Boise before selling it to True Paintball in 2010. 'We provided youth activities, customer service, foodservice and a family friendly atmosphere. I have been a coach/manager for youth sports for 12 years. I have worked many club fundraisers and also several vendor booths throughout the years serving foodto customers andraising funds for youth activities. I have volunteeredat the Idaho Food Bank multiple times andhave servedfood to the homeless and care packages for families in need Jam a mother of two girls and know what it takes to make kids smilio I know what it takes to run success fuCbusinesses, provide great customer service, establish community service goals, impact our youth in a positive way, and be proud of the city in which I live and work. EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the following amounts: 1. Twelve percent (12%) of gross sales. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (10th) of the following month. Tenant shall submit copies of all daily cash register receipts for the preceding week by 11:59 p.m. on every Friday. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and receipt records. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 10 of 11 EXHIBIT C LIST OF LANDLORD'S FIXTURES 1. Freezer 2. Fridge 3. Microwave 4. Cash register 5. Three compartment sink 6. Handwashing sink 7. Mop sink SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 11 of 11 Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 6A PROJECT NUMBER: MDA 13-001 ITEM TITLE: Bellabrook Villas Public Hearing: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single -Family Residential Dwelling Units on the Site MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM TITLE: Bellabrook Villas ITEM NUMBER: 6B PROJECT' NUMBER: PP 13-002 Public Hearing: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Grove Road Request: Preliminary Plat approval Consisting of 26 Single -Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District MEETING NOTES r✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 6C PROJECT NUMBER: MDA 13-004 ITEM TITLE: Gramercy Pride Apartments Public Hearing: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 21 1 1 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument # 108022888) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 7, 2013 ITEM NUMBER: 6D PROJECT NUMBER: CUP 13-002 ITEM TITLE: Gramercy Pride Apartments Public Hearing: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 21 1 1 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi -Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District MEETING NOTES � APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 6E PROJECT NUMBER: MDA 13-008 ITEM TITLE: Twelve Oaks Public Hearing: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development MEETING NOTES r✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 6F PROJECT NUMBER: RZ 13-003 ITEM TITLE: 807 N. Meridian Road Public Hearing: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O -T (Old Town) Zoning District MEETING NOTES C✓i APPRUED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 6G PROJECT NUMBER: MDA 13-007 ITEM TITLE: Medina Sub Public Hearing: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each l-ot MEETING NOTES k Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. Proposed # 13-922: A Resolution Appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1-3/a;)�' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING STEPHANIE BARNS TO SEAT 6 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 21, 2013 by Resolution no. 13-910, Mayor De Weerd designated Meg Glasgow to fill Seat 6, with a term to expire February 20, 2016; WHEREAS, Meg Glasgow has informed the City of Meridian that she will resign her seat on the Meridian Arts Commission effective May 10, 2013. WHEREAS, the City Council of the City of Meridian deems the appointment of Stephanie Barnes to Seat 6 of the Meridian Arts Commission to be in the best interest of the Meridian Arts Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Stephanie Barnes shall be appointed to Seat 6 of the Meridian Arts Commission effective May 10, 2013, which term shall run through February 20, 2016, pursuant to Meridian City Code Section 2-5-3 (C). Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. �7 ADOPTED by the City Council of the City of Meridian, Idaho, this / day of May, 2013. ATTE IS APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2013. APPROVED: RESOLUTION APPOINTING BARNES TO MERIDIAN ARTS COMMISSION PAGE 1 OF I Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Continued from April 16, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Fire Department: Donation of Self -Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 0 n E v W n�npmp�_n� mDo Oho a v�v0� ac3i`"a U oi mo wT!"nn)ro��m �N m (D m a7 ((D E;0:3 o -mm 0� o3c� o— Z o -Trn 3 -ngo OU rN rs_� o —_ :03a) o O m O N N m 7 jo � K. p. 3 a Cc, �3avo3 ao m 0 CD ;o m -0-0 f =r >W DW 0 �.mav CD a ° m CD CD a � S; � cr m o a0 w0 r o v (n 3 �' (D'0 O O =) C) (o N a 9 _ m N D m 0 v (D 0 X CD 3 O m a) 3 N m O a m O 3 CL 0 ( 0 m m a �f m CL i- 3 - m 8 5' 3 m v a 0 m N' CD v 0 3 0 q O 0 w 0 0 m IN o r m a � r C M M w Qo 0 0 o 0 O D r C TO N CD O z o 0 (D m �CD CD C Q) CDm CD u) N m 0)cn A w N) m m pa a N d -� 7 3 N 0 3 D cn D ;p o o (p -e. D00v N� m N .O+• � 3 4yi o y CD X to m 7 (D N CD m Cr. 0 N N N (D ? < 0 m m m a ro d 0 m Q; m co m N 3 `�. 0 3 o O °z 3 m N O -<E� c m fD o •� 3 � ''o m oMM 3 z cc T). (D �' o cv a (D 0 :r n n -V)O N � D O 2. Q Nloo 3 o to 3 7. m_!y-cc Z �D o Q rtD N cn r 3 •� :5 a N n• n. oiom X m O tp (D y N 5' Fo I 0. m 3 Q �, m a U) m 0 0 0 3 'n O 3 CL 0 z a r 0 N -i D C) rn N 0 0 z m 0 c a 0 3 C: w r z C) c W 3 O v m r cn co f D z rM� (n v m O cn co f D z rM� -n p nm O n « C: 3 M/ rn 10v O t P s CL --i a' 0 0 3 O m -j O rz Z 0 �l7 (n v m O z 21m r m p m D m z Official Memorandum To: City of Meridian Finance Department From: Deputy Chief Chris Amenn Date: April 24, 2013 Re: Donation of Surplus Equipment We have a 1995 Model Breathing Air Compressor Regulator and Containment Fill Station. It is being replaced this fiscal year with a new unit, and requires disposal. If donated to another emergency service agency, the unit would require extensive repair and upgrade, in excess of the overall value of the equipment. The fill containment and regulation portion of the unit is serviceable in a non -life safety environment, and will work well for the Meridian Optimist Club Youth Air -Rifle Program. The program serves a number of Meridian youth, teaching firearm safety, handling, and respect; as well as encouraging strong family participation in youth activities. Meridian Optimist Youth Training Center Inc. 501 (c) (3) Corporation EIN:20-5773227 P.O. Box 681 Meridian, Idaho 83680 William Garcia Treasurer (208)-870-7975 Verified in Good standing with Idaho Secretary of State Organizational ID # C169394 LX-34� & am� Amenn Deputy Chief Office of the Deputy Chief of Operations Meridian Fire Department . 33 E. Broadway, Meridian, ID 83642 Phone 208-888-1234 . Fax 208-895-0390 . www.meridiancity.org 64C� 1 3 Pti. W:. RfARTICLES OF INCORPORAI[70N S� Si t' � 1� AIC 0 AtiO OF MERIDIAN OPTIMIST YOUTH TRAINING CENTER, INC. The undersigned, acting as the incorporator of a nonprofit corporation ("Corporation") organized under and pursuant to the Idaho Nonprofit Corporation Act, Chapter 3, Title 30, Idaho Code ("Act), adopts the following Articles of Incorporation ("Articles'): Article I Name. The name of the Corporation is the Meridian Optimist Youth Training Center, Inc. Article 11 onprofit Status The Corporation is a nonprofit corporation. Article III Period of Duration. The period of duration of the Corporation is perpetual. Article Re 'stered Office and Agent. The location ofthe Corporation is in the City ofMeridian, County ofAda, and in the State of Idaho. The address of the initial registered office is 536 E. BowerStreet, Meridian, Idaho 83642, cr and the nae of the initial registered agent at this address is Steve I,. Wallace. Article V PuWgses. The purposes for which the Corporation is organized and will be operated are as follows: A. To train youth in the community in sportsmanship, team building, marksmanship, firearms safety, and respect for the law through the operation of a rifle range. B. The transaction of any or all lawful business f 1 which corporations may be incorporated under the Idaho Nonprofit Corporation Act, subject only to limitations in the Corporation's Bylaws. �N 1k& ,�3qA INNO SECRETARY W STATE 10/13/e ass 05 m i8@ 1 F: 3898 t;Te W3 IBtHtC 9881 1 8 ARTICLES OF INCORPORATION OF MERIDIAN OPTIMIST YOUTH TRAINING CENTER, INC. Page 1 of 4 .. C. Charitable, educational, or scientific within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time; including, for such purposes, the making of distributions to organizations that qualify as exempt under such Section 501(c)(3). D. To exercise all powers granted by law necessary and proper to carry out the foregoing purposes, including, but not limited to, the power to accept donations of money, property, whether real or personal, or any other things of value. Nothing herein contained shall be deemed to authorize or permit the Corporation to carry on any business for profit, to exercise any power, or to do any act that a corporation formed under the Act, or any amendment thereto or substitute therefor, may not at that time lawfully carry on or do. Ar&le VI Limitations. No part of the net earnings or the assets of the Corporation shall inure to the benefit of, or be distributable to, its members, directors, officers, or other private persons except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set: forth in Article V hereof. No substantial part of the activities of the Corporation shall be for the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution ofstatements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of these Articles, the Corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Article No Voting Members. The Corporation does not have voting members. Article VIII Board of Directors and Terms. The affairs of the Corporation shall be managed by its Board of Directors. The number of Directors serving on the Board of Directors shall consist of no fewer than seven (7) or more than eleven (11) people and shall be fixed in accordance with the Corporation's Bylaws. Other than the Directors constituting the initial Board of Directors, who are designated in these Articles, the qualifications and election of Directors shall be as set forth in the Bylaws of the Corporation. The initial Board of Directors shall consist ofseven (7) people,, each ofwhom shall be elected fora one (l) year term. The names and street addresses of the persons constituting the initial Board of Directors are as follows: ARTICLES OF INCORPORATION OF MERIDIAN OPTIMIST YOUTH TRAINING CENTER, INC. Page 2 of 4 a i NAME ADDRESS Thomas R. Hammond 719 N. Meridian Meridian, Idaho 83642 William H. Garcia 2729 N. Eureka Meridian, Idaho 83646 Kimberly Bowers 2770 W. Franklin Meridian, Idaho 83642 Robert A. Nelson 1185 Rolling ]Hill Dr. Meridian, Idalio 83642 Steve L. Wallace 6436 Butte St. Boise, Idaho 83704 Mini Victory 9370 Blue Heron Drive Middleton, Idaho 83644 Michael P. Nelson 11141 W. Blue Canyon Ct. Boise, Idaho 8:3713 Article IX Distribution on Dissolution. Upon dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all liabilities of the Corporation, distribute all the assets of the Corporation consistent with the purposes of the Corporation to the Optimist Club of Meridian, Inc., an Idaho non-profit corporation, or to such other organization or organizations as shall at that time qualify as exempt organizations under Section 501(c) (12) ofthe Internal Revenue Code of 1986, as amended from time to time, in such manner as the Board of Directors shall determine. Any such assets not so distributed shall be distributed by the district court of the county in which the principal office of the Corporation is then located, exclusively for the purposes or to such organizations, as such court shall determine to be consistent with the purposes of the Corporation. Article XI Inco orator. . The name and street address of the incorporator is as follows: Thomas R. Hammond 719 N. Meridian Meridian, Idaho 83642 ARTICLES OF INCORPORATION OF MERIDIAN OPTIMIST YOUTH TRAINING CENTER, INC. Page 3 of 4 The undersigned, acting as incorporator of a nonprofit corporation under the Idaho Nonprofit Corporation Act, Chapter 3, Title 30, Idaho Code, adopts the following Articles of Incorporation: DATED this Jam_ day of October, 2006. 4'4)(L�k Th as R. Hammond ARTICLES OF INCORPORATION OF MERIDIAN OPTIMIST YOUTH TRAINING CENTER, INC. Page 4 of 4 g Form W-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of The Treasury send to the IRS. Internal Revenue service Name (as shown on your Income tax return) d Meridian Optimist Youth Training Center, Inc W Business name, it different from above C O rn 4p Check appropriate box: ❑ IndividuaVSolepraprietor Q Corporation ❑ Partnership ❑ Limited liability _ Exempt © company. Enter the tax classification (O -disregarded entity, C=corporatlon, P=partnarshlp) ► ....... payee a�% 1:1Other (see instrudiom ► i it Address (number, street, and apt, or suite no.) PO Box 681 Requester's name and address (opilona) City, state, and ZIP code m rn Meridian, ID 83680 i � �n1=113 List account numbar(s) here (optional) Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withho€ding. For individuals, this is your social security number (SSN). However, for a resident I alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entitles, it Is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 20 5773227 Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here I U.S. carson 0 - General General instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the iRS must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.& exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. f.y--,r— Date ► 411,& Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who Is a U.S. citizen or U.S, resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic truss: (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S, person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States Is In the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat, No. 10231X Form ifif-9 (Rev. 10-2007) Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Fire Department: Resolution No. Proposed # 13-923: Donation of Self -Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center MEETING NOTES I YJ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /5-- J � 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SELF-CONTAINED BREATHING APPARATUS (SOBA) BREATHING AIR COMPRESSOR AND FILL STATION TO THE MERIDIAN OPTIMIST YOUTH TRAINING CENTER, MERIDIAN, IDAHO. WHEREAS, it is in the best interest of the City of Meridian to declare that certain equipment as attached in Exhibit "A" as surplus as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining equipment until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the equipment listed in Exhibit "A" to the Meridian Optimist Youth Training Center, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is by providing hope and positive vision, Optimists bring out the best in kids. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain equipment attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the equipment listed in Exhibit "A" for no monetary consideration, to the Meridian Optimist Youth Training Center, Meridian, Idaho. RESOLUTION AUTHORIZING DONATION OF SCBA BREATHING AIR COMPRESSOR AND FILL STATION TO MERIDIAN YOUTH OPTIMIST Page - 1 of 2 2013. ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, APPROVED by the Mayor of the City of Meridian, Idaho, this I day of May, 2013. APPROVED: Mayor T rde Weerd ATTEST: 0440 vp,T1-D A(JcLS�l ly By: �w �ayceeolmar , City Clerk City of ��Vt E ID1Z IAN., IDAXO 9 � SEAL Fy��rhe TREAS�AO RESOLUTION AUTHORIZING DONATION OF SCBA BREATHING AIR COMPRESSOR AND FILL STATION TO MERIDIAN YOUTH OPTIMIST Page - 2 of 2 Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Public Works Department Report: 8th Street Improvement Project MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: $A PROJECT NUMBER: ZOA 13-001 ITEM TITLE: UDC Text Amendment rev+ 0 Ordinance N. Proposed # 13-1555: Z A 13-001 Unified Development Code (UDC) Text Amendme b Cit of an Community Development Department Request: Text Amendment to Certain Sections of the UDC Pertaining to Block Length, Multi - Family Parking, Storage Facilities, Bicycle Parking Facilities, Street Knuckles and Other Miscellaneous Clean -Up Items MEETING NOTES c Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Ordinance No. Proposed # 13-1556: An Ordinance Amending Title 1, Chapter 7, Section 5, paragraph (A) (1) of the Meridian City Code, Regarding Time of the City Council Regular Meetings; and Providing an Effective Date MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. --Z'-f--l-556� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 5, PARAGRAPH (A) (1) OF THE, MERIDIAN CITY CODE, REGARDING TIME OF THE CITY COUNCIL � 'S- AND PROVIDING AN EFFECTIVE DATE. REGULAR MEETINGS; WHEREAS the City Council determines the time for City Councili-neetings; and WHEREAS the City Council has decided to move the regular meeting to a time more available for staff and the public to attend; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 5, Paragraph (A) (1) of the Meridian City Code is amended to read as follows: 1-7-5: CITY COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: 1. The regular meetings of the city council shall be held at Meridian City Hall at 33 East Broadway Avenue, by the mayor and city council on the first, third, and fourth Tuesdays of each month at seveft4k46ek+7--six o'clock (6.00) p.m. of said days. When necessary the city council shall hold land use hearings at these meetings. Section 2. That this ordinance shall be effective on or about May 3 ) 1, 2013. PASSED by the City Council of the City of Meridian, Idaho, this «~ day of May, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this r?141—ciay of May, 2013 APPROVED: ,ell ammy de Mayor ATTEST: ayc olm ity Clerk TI ID I A NTIDAHO SF -AL Meridian City Council Meeting DATE: May 7, 2013 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS