Loading...
2013-06-041. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda . 5. Proclamation for Public Works Week 6. Consent Agenda A. Development Agreement for Approval: MDA 13-009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre- CastConcrete B. Temporary Construction Easement between Ada County Highway District (ACHD), Meridian Rural Fire Protection District and the City of Meridian for the Construction of Ten Mile Road at City Fire Station No. 2, 2401 N. Ten Mile Road C. Award of Bid and Approval of Agreement to Post Drilling Inc. for "Well 15b Test Well -Construction" for the Not-To-Exceed amount of $197,425.00 D. FP 13-026 Paramount Subdivision No. 23 by SCS Brighton, LLC Located North of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of 35 Single-Family Residential Building Lots and Two (2) Common/Other Lots on 12.5 Acres of Land in an R-8 Zoning District Meridian City Council Meeting Agenda -Tuesday, June 04, 2013 Page 1 of 3 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. Tuesday, June 04, 2013 at 6:00 PM E. Approval of Development Agreement: MDA 12-002 Canterbury Commons by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Amend the Recorded Development Agreement (Inst. #106187188) for the Purpose of Removing Certain DA Provisions That Are No Longer Applicable AND Adding New DA Provisions Relevant to the Proposed Canterbury Commons Subdivision F. FP 13-024 Canterbury Commons Subdivision by Northside Management Located South Side of W. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Approval Consisting of Forty-Seven (47) Single-Family Residential Building Lots and Eight (8) Common Lots on Approximately 10.39 Acres of Land in an R-15 Zoning District G. FP 13-025 Spurwing Grove Subdivision No. 6 by Brighton Development, Inc. Located North of Chinden Boulevard, East of N. Black Cat Road Request: Final Plat Approval Consisting of Twenty-Nine (29) Single-Family Residential Lots on Approximately 9.52 Acres in an R-8 and R-2 Zoning Districts H. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship Agreement Between Gem State Developmental Center and the City of Meridian for aNot-to-Exceed Amount of $350.00 ~~~ _~~`_ _~-~- Resolution No. A Resolution Amending City of Meridian Policy 4.2 Vacation Leave; 4.3 Sick Leave and the City Policy -... ~ for Travel 7. Community Items/Presentations A. Animal Shelter Presentation and Discussion of Proposed Future Changes and Options 8. Items Moved From Consent Agenda s .~ 9. Action Items A. Continued from May 28, 2013: Public Hearing: VAR 13-002 Knighthill by James Wylie Located Southwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) ~~ $,~~,ed with ~ L~~~s B. Public Hearing: TEC 13-004 Pinebridge Subdivision by B.W. Meridian, Inc. Located East Side of N. Locust Grove Road, South of E. Fairview Avenue and North of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat , ~-__mm__~ Meridian City Council Meeting Agenda -Tuesday, June 04, 2013 Page 2 of 3 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. C. Public Hearing: MDA 13-010 Paramount Subdivision by Brighton Development, Inc. Located South of W. Chinden Boulevard, Between N. Meridian Road and N. Linder Road Request: Amend the Development Agreement to Delete the Number of Lots, Dwelling Units and Square Footages Allowed to Develop on the Site and Replace with the Types of Uses Approved on the Site ,~ D. Public Hearing to Take Comments on a Proposed Land Trade to Replace the Recreational Value of a Portion of Storey Park that has been Converted to Non-Recreational Use Council approved Staffs propose{ and staff will E. Public Hearing: SHP 13-001 Storey Park by City of Meridian Parks Department Located Southeast Corner of S. Main Street and E. Franklin Road Request: Short Plat Consisting of Four (4) Buildable Lots on Approximately 18.81 Acres of Land in a C-G Zoning District -° _ 10. Department Reports A. Community Development/Parks Department: State and Local Agreement for UPRR Rail with Trail Arterial Study Project KN 13817 .° B. Resolution No. LL_: Resolution Approving the State/Local Agreement for Federal Aid Hi~tiway Project No. A013(817) for the UPRR Rail with Trail Arterial Study J C. Public Works: Budget Amendment for RV Dump Construction Funding for a Not-to-Exceed Amount of $400,000.00 11. Ordinances A. Ordinance No. ! _ : An Ordinance Amending Meridian City Code 1-7-2 Qualifications; 1-7-6 Assignments of Department Liaisons; Duties and Terms; 1-7-7 Rules of Procedure for Public Hearings; and 1-7-8 President and Vice-President Qualifications - B. Ordinance No. ~ ~°: An Ordinance of the City of Meridian Amending Title 1, Chapter 7, Section 1 of the Meridian Code Regarding the Number of City Council Seats e d 12. Future Meeting Topics _~ _~. Meridian City Council Meeting Agenda -Tuesday, June 04, 2013 Page 3 of 3 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 June 4, 2013 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, June 4, 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, Jacy Jones, Caleb Hood, Bill Parsons, Sonya Watters, Tom Barry, Kyle Radek, Steve Siddoway, Jay Gibbons, John Overton, Scott Colaianni, Perry Palmer, 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: Thank you. We apologize for the late start, but welcome to our City Council. This is our first Council meeting that we officially start at 6:00 o'clock, so welcome. For the record it is Tuesday. It's June 4th. It's five minutes after 6:00. 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 stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: I don't see Larry Woodard. Bird: I don't either. De Weerd: I wonder if he knew we were starting at 6:00. Rountree: Probably not. Item 4: Adoption of the Agenda De Weerd: Okay. We will skip to Item No. 4, Adoption of the Agenda. Meridian City Council June 4, 2013 Page 2 of 65 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We are going to amend tonight's agenda. Add an item. Under the Consent Agenda we are going to add a 6-I, which is Resolution No. 13-926, resolution amending City of Meridian Policy 4.2, vacation leave,.4.36 leave and the city policy and procedure for travel. And under Item 10, 10-B, is Resolution No. 13-927. 11-A is Ordinance No. 13-1559 and 11-B is Ordinance No. 13-1560. With that, 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: Proclamation for Public Works Week De Weerd: Item 5 is a proclamation for Public Works Week. We have -- the rest of the week is well planned with a number of activities. We have information on our website and, Council, I do hope that you will partake in the activities. It's being kicked off 4 tomorrow at 4:00 o'clock in our City Hall, the City Hall plaza, as well as our parking lot with a number of the large equipment. You will see demonstrations, education activities, a lot of akid-friendly fun just learning about what Public Works is. I think that we all appreciate that we don't hear much about our Public Works, because it's all underground, it's unseen, and until it's not working do we hear about it. So, not hearing is a good thing. The proclamation reads: Whereas the dependable delivery of Public Works services is critical to the health, safety, and quality life of our community's residents and whereas Public Works services include the supply and distribution of clean, safe water, wastewater collection and treatment and solid waste management and whereas the ability to sustain the quality of these services is dependent on the understanding and support of informed citizens and whereas planning, design, construction and operation of efficient and reliable Public Works facilities are dependent upon the dedication and skill of Public Works employees and whereas the staff and leadership of the Meridian Public Works Department and those of our Public Works partners, understand the importance of the work they perform and are dedicated to serving this community, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of June 2nd through June 8th, 2013, as Meridian Public Works week in the City of Meridian and call upon all of our citizens and civic organizations to acquaint themselves with the issues involving -- involved in providing our Public Works services and to recognize the contributions which Public Works officials make every day to our health, safety, and comfort and quality of life. And I did sign it the 4th day of June. I will be reading this tomorrow where I will present it to our Public Works Director Tom Barry. Tom, would you like to make any comments? Meridian City Council June 4, 2013 Page 3 of 65 Barry: Thank you, Madam Mayor. I'm very much appreciative of the proclamation and certainly the support and leadership from our Council and yourself for allowing us to put on the fifth annual Public Works Week celebration. This is an extraordinary event that -- that hopefully brings out the community and offers them exposure to the plans, projects, services that we provide each and every day to improve the quality of the lives of the citizens we serve. So, I just wanted to thank you for your continued support and thank you for the proclamation also. De Weerd: Thank you, Tom. And I would like to extend the thanks to your staff. I know they take this week very serious, they have been planning it from months, and I have been able take the tour -- not last year, but in previous years and am very proud to see what your staff does and what they offer to our citizens. So, thank you. Item 6: Consent Agenda A. Development Agreement for Approval: MDA 13®009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre-Cast Concrete B. Temporary Construction Easement between Ada County Highway District (ACRD), Meridian Rural Fire Protection District and the City of Meridian for the Construction of Ten Mile Road at City Fire Station No. 2, 2401 N. Ten Mile Road C. Award of Bid and Approval of Agreement to Post Drilling Inc. for "Well 15b Test Well -Construction" for the Not-To-Exceed amount of $197,425.00 D. FP 13-026 Paramount Subdivision No. 23 by SCS Brighton, LLC Located North of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of 35 Single-Family Residential Building Lots and Two (2) Common/Other Lots on 12.5 Acres of Land in an R-8 Zoning District E. Approval of Development Agreement: MDA 12-002 Canterbury Commons by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Amend the Recorded Development Agreement (Inst. #106187188) for the Purpose of Removing Certain DA Provisions That Are No Longer Applicable AND Adding New DA Provisions Relevant to the Proposed Canterbury Commons Subdivision Meridian City Council June 4, 2013 Page 4 of 65 F. FP 13-024 Canterbury Commons Subdivision by Northside Management Located South Side of VV. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Approval Consisting of Forty-Seven (47) Single-Family Residential Building Lots and Eight (8) Common Lots on Approximately 10.39 Acres of Land in an R-15 Zoning District G. FP 13-025 Spurwing Grove Subdivision No. 6 by Brighton Development, Inc. Located North of Chinden Boulevard, East of N. Black Cat Road Request: Final Plat Approval Consisting of Twenty-Nine (29) Single-Family Residential Lots on Approximately 9.52 Acres in an R-8 and R-2 Zoning Districts Fl. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship Agreement Between Gem State Developmental Center and the City of Meridian for aNot-to-Exceed Amount of $350.00 I. Amended onto the agenda: Resolution No. 13-926: A Resolution Amending City of Meridian Policy 4.2 Vacation Leave; 4.3 Sick Leave and the City Policy and Procedure for Travel De Weerd: Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We amended onto the agenda Item 6-I, which is Resolution No. 13-926. So, that is now part of our Consent Agenda and I would 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 call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations Meridian City Council June 4, 2013 Page 5 of 65 A. ,4nimal Shelter Presentation and Discussion of Proposed f Future Changes and Options De Weerd: Item 7-A is a community presentation. Lieutenant Overton. Overton: Good evening, Madam Mayor, Members of the Council. Thank you for allowing me to come forward tonight and put this item on the agenda and on public record for what we are planning on doing and looking forward to in the future. As I get started here probably the best way to start is a little history. Tonight I'm here to talk about the long-term future of the Meridian animal shelter. It's interesting I use that term, because 24 years ago we didn't have a shelter. Meridian had animal control services and a dog pound. Today we have a shelter for dogs that is run by volunteers, minus three animal control positions and apart-time animal adoption coordinator. However, some challenging issues are forcing us to question if our shelter's current model can realistically keep up with our current and future community needs. When the City of Meridian was offering animal control services in the 1980s we operated out of one concrete block building that was on the campus of the wastewater treatment plant. In 1999 we were bringing more and more dogs to the pound, so we built a large metal shed and at that time that shed was to be used as part criminal investigation -- criminal investigation processing area, part dog pound. Soon we realized those two just don't mix. We couldn't do one without endangering the lives of the dogs. So, it became a large metal building that was just a dog pound. It had no bathroom. No telephone. It did have an office in it. It still today, as we sit, since 1999, has those same amenities. Around nine years ago things changed. At the dog pound we kept dogs for five business days and, then, if they were unclaimed we took them to one of the larger shelters to be euthanized. Each time we took a dog to one of those shelters it cost us between 20 to 25 dollars. To save money we trained our own animal control officers and got them certified in euthanasia and once we did that and developed a DEA certified euthanasia room, we were able to bring the cost to under a dollar per dog when we needed to euthanize one. Now, that was a money saving option, but it didn't make everyone happy. At that time three people who were not real pleased with our ability to now euthanize more dogs for less money, came forward wanting to start a volunteer program. One of those people is going to speak after me tonight named Connie Peterson. That was the beginning of a transition from dog pound to animal shelter. We began to talk about things like walking dogs. Things we had never done. As a dog pound we watered, we fed, we housed. We released them to owners when they were found. That was the limit of our abilities and our job and duties. Now, they walk the dogs. They took them to the vet for issues that we hadn't previously done for things when a dog wasn't feeling well, which we would never know, because we didn't spend that much time with them. The volunteers began raising money to cover these costs. Soon we were fostering dogs and beginning to develop an adoption program for unclaimed dogs in Meridian. All of this was being done by an all volunteer crew. This process was not without its share of obstacles. I have been in the position to oversee much of what has taken place over the last nine years where money was donated to the volunteers or the city for the shelter. It could not be spent immediately, because those funds weren't budgeted and that's how we did things nine years ago. So, that money Meridian City Council June 4, 2013 Page 6 of 65 couldn't be spent until the following year when we could actually budget the money that t had been collected. This became enough of an inconvenience for trying to spend money that I was one of the people that sat down with the early volunteers and talked to them about the concept and idea of forming their own 501(c)(3) organization. That was one of the financial points to getting the Meridian Valley Human Society started, so they could raise their own money and immediately do with it whatever they pleased. It was still an all volunteer run organization. All the background checks were run by the police department on everybody who worked at the shelter. In fact, that's still how we do it today. During the next several years the volunteers and the police department started to look at the shelter's future. We knew we had to make a change down the road. In both 2007 and 2008 the police department put a contract with the Idaho Humane Society in our draft budget. In both of those years that contract was pulled before we ever had a chance to bring it before the City Council for discussion. In a draft budget in 2007 we also looked a constructing another warehouse style building on the same location and adding more staff for the shelter. That would have cost well over 500,000 dollars and added no additional staff to the building itself. That was just animal control officers and an additional building. We did not do that and, in fact, we found out later that because of proximity to the ditch on that property and utilities that ran under the piece of ground we were looking at we couldn't build it there even if we wanted to. We did not look at these options by ourselves. The police department met with the Idaho Human Society and with Connie Peterson, who was and still is the director of the Meridian Valley Humane Society, even back in 2007 we all knew that we needed to have a better option going forward. Before we drifted into the great recession of 2009 Dr. Jeff Rosenthal had plans drawn up on a potential new shelter that we quickly nicknamed IHS West. It was going to be a new shelter building that was going to be in the heart of Meridian. We had this dream. We wanted to make it a reality. It was going to be built on a large enough piece of ground, with enough room for the dogs to run, not just walk. This shelter was designed and brought to me by Connie. She showed it to me. And was drawn up by a company that specialized in building animal shelters across the country. It wasn't just a metal shed. This building designed without land and without staffing was between two and three million dollars back in 2009. We really hoped -- we had a thought that there was achance -- there was a chance that we could see a partnership between IHS and Meridian Valley Humane Society to get the funding, get the land, get a capital campaign and get this built and what's important to note about that is if we would have had that opportunity, if we had not have had the market turn the way it did we would have been seeking to contract with IHS and Meridian Valley for exactly what I'm going to talk to you tonight back in 2009 for those services. Now, as we all know the recession hit. All those plans for building new shelters slowly and quietly were put away. We had to maintain our day-to-day services with what we had. will note here -- well, excuse me, I just noted that. We have been able to make do with the shelter, but changes are coming that will drastically impact how we do business right now, how we do it every day. The wastewater treatment plan is expanding. It's trying to keep up with the growth in the city as we come out of this. When they expand with their newest expansion -- and it's going to start at the end of August, the first of September of this year -- we will lose the old shelter building, which houses our euthanasia room and five of our kennels. This is a significant amount of space for us to operate as we do Meridian City Council June 4, 2013 Page 7 of 65 today. A large section of the fenced in space where dogs can walk now and where there were outdoor kennel areas, will be eliminated. The expansion has a potential to limit access to the shelter and parking. We also were concerned about the reality of continuing to run a shelter with all volunteers. Many of our volunteers have been dedicated to the shelter for years. But we do lose a substantial number of volunteers each year due to normal volunteer attrition, which means we are constantly bringing on every couple of weeks additional volunteers #o help fill those positions. We have been trying to figure out along-term solution for the center for years and the expansion of the wastewater treatment plant makes that necessary more than ever. However, that expansion of the wastewater plant is not the only reason I'm standing before you and seeking to contract with Idaho Humane Society. There are several other very good reasons. The first one is financial. We have had to evaluate what is fiscally responsible for our community. There are things we are entrusted to do continually as we look through operations of the city. Contracting with IHS seems to make the most fiscal sense right now. The total animal control budget as we set runs right around 207,000 dollars. Of that 207,000 dollars only ten percent of it or 20,000 dollars goes to pay for the part-time animal adoption coordinator, the heating and maintenance on that building. Ninety percent of that budget pays for the animal control services. Like I say, we still budget for animal control and the dog pound. The remaining funds to pay for animal control services pay for the two vans we have and the three full-time officer positions we have on our staff. Due to the loss of space for our euthanasia room as we are eight now, we are not going to be able to continue even business as usual as we pass through October 1 of this year. We could potentially relocate the shelter, build ~ another facility, add more staff, but the cost can quickly run up into the millions of dollars. Financially, this decision to us seems unrealistic. The contract with Idaho Humane Society would be more than what we are paying now. It is estimated to cost 357,000 dollars per year. This amount includes all animal control services for the city and cost to house and treat animals, including pets other than dogs. The city finance director currently is in full support of this plan. Another reason is the upgrades we can bring to the citizens of Meridian with this contract. Our volunteers have done a wonderful job running our shelter and taking care of the dogs in our community, but if we contract with IHS Meridian residents will have access to additional resources and services. Already we have been working along side IHS for several years and consulted with Dr. Jeff Rosenthal of our cases we are working on, because they have significantly more resources available to them than we do. Currently IHS has 60 full- time employees and over 30 part-time employees, six animal control officers, two dispatchers. At any one time they have at least three animal control officers working and I have been told with a contract with the City of Meridian they would add between one and two animal control officers per day to help insure that Meridian gets the same level of service in the future it does now on animal control services. The size of our staff, our community would experience many other benefits if we contract with Idaho Humane Society. IHS is open seven days a week from 10:00 a.m. to 6:00 p.m. Their animal control operates seven days a week from 8:00 a.m. to 6:00 p.m., which we do, but on top of that they have emergency services 24 hours a day for aggressive or injured animals. They have a full veterinary hospital open seven days a week from 8:00 a.m. to 6:00 p.m. They provide emergency critical care for injured animals transported Meridian City Council June 4, 2013 Page 8 of 65 to the shelter by their animal control officers. Every pet adopted from their shelter is i microchipped to foster pet owner responsibility and accountability, increase the number of lost pets that can be reunited with their owners. They also work very closely with court intervention programs for court ordered education for individuals convicted of animal cruelty cases. They provide affordable vet care to the public and special programs for low income families. They also visit local schools to provide responsible pet ownership and safety classes. One of the biggest benefits may be the fact that IHS works with cats and that's been a subject that's come to my telephone more times than I can remember over the past nine years. We have had many calls for service on cats and a lot of people who moved here from other larger cities who can't believe that we don't deal cats. If a Meridian resident takes a cat to the Idaho Humane Society today they have to pay to have that cat taken by IHS, because we are not a contract city. We are not a contract entity. If we contracted with them IHS would not charge our residents and they could bring in stray, injured, or neglected cats. They also provide cat adoption services. The last main area I think are the most important of why I think this is the smartest plan moving forward for the city is consistency. Contracting with IHS will also provide our community and the Treasure Valley with consistency. We are the only large entity in Ada County who is not currently contracting with IHS. They currently contract with the City of Boise to the north of us, the city of Eagle -- excuse me. The City of Boise to the east of us, the city of Eagle to the north of us, and the city of Kuna to crawling faster to the south of us. Along with that they contract with all of unincorporated Ada County, which not only surrounds all those areas, but all the pockets of land that still exist in and around our city. We have had many people over the years express frustration at having to call two different places to see if their dog has been found. Some people have even told us they had no idea we had a shelter in Meridian until IHS told them to call us. Not knowing where to look for your dog can be confusing and upsetting for residents, whether they are in the county or in the city. With a contract with IHS our residents have one place to call and only one agency that will be picking up the animals regardless of city and county boundaries. We are the missing puzzle piece in the county to bring consistency to how animals are handled. In quick summary, in the City of Meridian animal control services are overseen by the police department. It's a very small part of the services that we do in our city every day. The Idaho Humane Society specializes in animal care. This is what they do all day long and have done since 1945 when they first organized in this valley. The Meridian Valley Human Society volunteers -- and I can't stress this enough -- bring a tremendous amount of passion to their volunteer position and a love for animals that will never be questioned. They have taught us how important it is to care for animals in our community and they do a wonderful job at caring for the dogs at our shelter. But the changes that are coming are going to make that much more difficult. With Meridian's current and future growth we will need to expand our animal control and shelter services. We will need to make sure we can care for more than just dogs. We will need to make sure that we provide a consistency of services for everyone in the community and neighboring cities and we need to do this in the most fiscally responsible manner possible. I truly believe contracting with the Idaho Humane Society would give our residents the highest level of service in animal control and that all of the animals would Meridian City Council June 4, 2013 Page 9 of 65 have more professional services at their disposal than we can currently provide. I would ( stand for any questions. And I will be available at the end as well. De Weerd: Thank you, lieutenant. Questions from Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: John, what would be the anticipated timing if this action were to take place? Overton: The contract would take effect October 1 of this year. The start of the new budget year. Rountree: So, it would be through the budget cycle? Overton: Correct. Rountree: Okay. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I appreciate your explanation of the expansion of the hours that IHS would give us. What hours is our dog facility open now? If somebody brought a dog in or wanted to come in and claim adog -- we don't operate seven days a week, do we? Overton: We do not offer the same seven days a week extended hours that they do. No, we do not. The next speaker can answer that question. Zaremba: Okay. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Lieutenant, how many -- how many animal control officers do we put on the street each day did you say? I know you talked about that. IHS was going to add one -- one to two, but what do we have currently? Meridian City Council June 4, 2013 Page 10 of 65 Overton: Correct. We have the same one to two. We have three positions. Right now we have a position that's unfilled and we have two that are filled. So, currently we are putting on one a day, other than the day they overlap, we have two of them working. Hoaglun: And Madam Mayor and lieutenant, what -- what would happen -- would those positions go to IHS? Overton: The current discussions I have had with IHS didn't try to tie them down to say guaranteed. They employees -- are interested in hiring our employees, knowledge of our city and our dogs, they believe it woul that knowledge base. So, that's discussions we starte next level of discussions until we were prepared to. Hoaglun: Okay. Thank you. is they are very interested -- are very interested in -- if our because they have so much d be in their best interest to hire d. We wouldn't take that to the De Weerd: Okay. Anything further, Council? Thank you. And you mentioned that Connie Peterson would speak and, then, we have another representative after that. Overton: The third one will be Susan Holladay. De Weerd: Okay. Thank you. Overton: Thank you. De Weerd: Good evening, Connie. Thank you for joining us. Peterson: Good evening. Thank you for having me. De Weerd: If you could, please, state your name and address for the record. Peterson: Connie Peterson. 7802 North Pencross, Meridian, Idaho. 83646. De Weerd: Thank you. Peterson: Again, thank you for taking the time to receive this very important information and I'm here tonight really for one specific reason and that is to support just finding a long-term solution to providing excellence in animal sheltering and animal control for our community and I ask for your guidance and leadership in this very important decision. As many of you know, I became involved with Meridian's animal sheltering challenges over nine years ago when I responded to a need. It was unacceptable to me that our city would choose to euthanize dogs for a dollar versus find a shelter that would provide care for them. Meridian was not providing an acceptable service for their community at this time. In response to this, with the help of the Meridian Police Department, developed the Meridian Valley Humane Society, which as you know is an all volunteer organization that provides adoption and care to stray and abandoned animals of our Meridian City Council June 4, 2013 Page 11 of 65 community. I'm extremely proud and honored to have been a part of Meridian Valley ~ Humane Society. I have been so fortunate to stand beside these people who are here tonight that have provided incredible care and incredible service to our community. There are so many amazing success stories that pass through my mind when I think again of these past nine years and the incredible way that these people have touched our community. And we recognize that we don't just provide care to animals, but we also provide counsel and support to people. We have recognized that this is just not just about animals that it is really the people of our community that are impacted. So, through the years I have recognized several challenges that our group would face to try to continue to provide animal sheltering for the City of Meridian as it grows and as it expands. The model is an all volunteer organization. Shouldering the entire burden of animal sheltering no longer seems to be the right or feasible solution long term. I realize that we would need to partner with somebody who would need some assistance and the partner that I could define were Idaho's Humane Society or the City of Meridian or potentially both. I felt it would need to be a collaborative effort to be able to provide such a significant service. So, up to this point Meridian Valley Humane Society has been your solution to animal sheltering and while it saddens me deeply to see Meridian Valley Humane Society have to change and evolve from our current small group that offers intimate care and loves each animal, I feel it's absolutely necessary, based on the loss of our shelter location, the size of Meridian and the need to provide sheltering for cats as well, a long term solution is long overdue. I see two possible solutions. One is to contract with Idaho Humane Society and the other is for the city to build or lease a facility that would be an animal shelter within our city, but you also recognize that we ~ didn't employ more people to run this facility. Contracting with the Idaho Humane Society is a viable solution. There are many benefits of this contract, as well as the necessary budget changes have already been explained by Lieutenant Overton, so I won't duplicate that, but I do want you to recognize Idaho Humane Society is an outstanding organization providing amazing service for our entire valley and I truly don't know what our larger sister city would do without this organization. Recognizing that Idaho Humane Society might be the partner we would need to build a new shelter, as Lieutenant Overton explained I went to them six years ago to try to come up with that perfect collaborative effort to bring that best service. They invited me, then, to serve on their board of directors and I have done so in the last six years and continue to be a member of their board of directors. As the Idaho Humane Society West did not come to fruition due to economic challenges, the Idaho Humane Society really needed to step back and reevaluate what their organization needed to do and how they needed to grow and expand to continue to provide the services and needs of this larger community. What they decided to do was maintain their current facility where they will house animal control and they will build a new state of the art facility that's located much closer to Meridian that's located at Overland and Maple Grove. I believe that you have likely seen a footprint of that facility and I would be happy to provide that for you. This facility would provide the -- would house adoptions for the dogs, a new veterinary hospital. So, again, my concerns when we were considering six years ago contracting with Idaho Humane Society -- at that point six years ago I absolutely disagreed. I felt they were too far away from our community to provide the service that we needed. I felt that they would not be able to take care of the Meridian animals, that there would be too many Meridian City Council June 4, 2013 Page 12 of 65 that would overburden them and that the euthanasia rate would be increase. Since that ( time I have had an opportunity to watch this organization grow and under the direction of Dr. Rosenthal and their incredible staff and board of directors, they have made changes that obviously have altered my thoughts. With building a new facility that's closer to us on Maple Grove and Overland it really gives us an excellent opportunity to participate in an amazing facility that will provide adoption to animals and will house them in a less stressful environment. It will create an animal hospital and clinic that will provide excellent veterinary care and they will also provide for our community a dog park at their facility that we can all enjoy. Based on the many benefits IHS has to offer and with the loss of our current shelter site, the Meridian Valley Humane Society board recognized this as a good solution for the City of Meridian and as IHS will not only provide animal control, but sheltering for both dogs and cats and will perform these duties well. Thus the board of MVHS has voted in favor to merge our humane society with IHS to continue to support animal sheltering for our community based on the decision to contract. There are many people here tonight that would agree with what I just said and will support this, seeing it as a viable solution and also fiscally responsible. However, there are also many people that would disagree with this. These people feel that Meridian is large enough to develop their own animal shelter and provide the service for our community. Certainly this is another viable solution. To be successful, however, we need to recognize that Meridian is a significant size. It's not just about the facility that we need, but it's about the people to staff it as well. The volunteers cannot alone be required to shoulder all the sheltering responsibilities. Thus the city would need to employ -- excuse me -- the city would need to design an appropriate facility to house cats and dogs and employ an appropriate number of people to staff this. This solution would require significant participation from our city government to fund the construction of an animal shelter and develop the animal welfare division of the city to staff this facility. MVHS would, then, became a support volunteer group for this division and certainly a city advisory committee could also be implemented. Based on my opinion Meridian city would have to initially employ three additional employees to staff the shelter. A shelter director, adoption coordinator, and a kennel manager. There are many models and examples that demonstrate how cities provide animal sheltering and control in this manner. This could take some time and effort from the City of Meridian to develop this model in order to provide excellence in service to our community. But it certainly is a possibility. I have provided a sample of the cities that follow this model and in an a-mail that I will be submitting to you, which includes cities, such as Sacramento with an animal care division under the general service or Albuquerque that has an animal welfare division within their city. It is possible to develop a division within our city that would be dedicated to animal control and animal sheltering. This solution requires the cost of a building or possibly leasing building and would increase the budget to employ additional staff and would take some time to develop this model. And the lawyers can determine if this model is feasible within the budget and is within the best interest as far as service to our community. But it is certainly a viable solution as well, but it would require significant participation from the City of Meridian. So, in summary, we need your help. We need to make a decision and I see two choices. One is to contract with an organization that can provide this service for residents and service it well and the other is to consider keeping this service within our community, to find a Meridian City Council June 4, 2013 Page 13 of 65 reasonable solution to developing a shelter and employing people to run this. We hope that you will take the time to truly evaluate and consider all of these options, as it's such an important service to our community. Thank you. De Weerd: Thank you, Connie. And thank you for your longstanding commitment to the pets and our family members in our community. Since your involvement and those that stepped up at the time that you did, we have had something that I as Mayor have been very proud to talk about, to note and it's been certainly one of those programs that has received recognition throughout the state for its tenacity and its service hours. The volunteers have given a tremendous amount of passion and hours to care for animals and that's greatly appreciated and it's unheard of in other communities. Totally unheard of. So, I have been with you through your toils and turmoil in trying to find a solution to this and so I know how difficult and heartfelt your words have been tonight. Council, do you have any questions for Connie? Mr. Zaremba. Zaremba: Madam Mayor. Just as a personal opinion, I have lived all over the country and am familiar with humane societies and always held them in very high regard. I want to say how much I appreciate not only the work that you have put into it, but -- but hearing from, essentially, an insider, that my outside impression of the Humane Society is pretty well founded. That they are a group that is doing humane work and are capable of providing excellent service and I appreciate all that you have contributed, but I also appreciate your perspective and your willingness to give it to us and your opinion of the humane society as an insight and I appreciate that. Peterson: Thank you. That's -- it's been challenging and sometimes I feel like I'm too close to this to, you know, sometimes really be objective. But, then, I have had the opportunity to be very far away from it as well and see more of a bird's eye view of how others are run. So, it's challenging for me to, you know, really look at different options, but I know we are at this place and I want to follow suit with what these people have done and continue to provide something that's incredible. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Connie, you presented the options very clearly for us that we have to weigh and if we were to pursue the option of building a facility in Meridian and providing a level of care that would be acceptable in your mind, is the IHS model that they are doing here in the valley and with their new facility -- if we were to build a facility like that and model it after that is that a good model to follow? Peterson: Well, it is -- what is a good model to follow is their design -- certainly ideas with respect to animal shelters, that no longer do they want them to be the tiny metal building or a place that's hidden away from the community, but they want it to, you know, really be an icon for the community and to be something that the people of our community would want to visit and want to participate in. So, they have spent, you Meridian City Council June 4, 2013 Page 14 of 65 know, extensive time in developing some of these plans and, absolutely, if we were to build a shelter I would want to follow some of that. I would also want to follow, you know, just their growth, if you can imagine what they have done and the struggles that they have been through over the years to get to where they are today. I know that they have been working to improve housing of animals, care for animals, developing their foster programs, their volunteer programs to improve them. They never stopped trying to improve. The spade and neuter programs are incredible. So many of the opportunities. So, certainly, there would be many ideas that we would want to follow. Hoaglun: And, Madam Mayor, to follow then. And also when Lieutenant Overton was talking about an emergency center critical care, 24 hour, is that a model that would develop if we were to do our own? Is that a good thing to do or can you do it in half steps? Peterson: Yeah. That would be something that would take quite a long time to develop. We are many steps behind them. But what I would see in our facility is certainly a jump between where we are at now and where Idaho Humane Society has come to be. You would have to have a facility, obviously, that would appropriately house cats and dogs. You would have to have some offices for the people that it staffs. You would need to have reception areas for people that are trying to adopt dogs and an animal control area where people are turning them in. Certainly the design-would be important. And also would have to keep in mind that it's likely doubling to tripling the number of animals that we are caring for. We would also need to increase the money that we would have available for veterinary services and so I would suggest that likely we would start by contracting with a veterinarian who will come to the facility and be able to offer care to the animals. I certainly don't want to ever take a level of only the necessities. What our group has done and they are still amazingly doing is going way above and beyond the extra mile, treating fractured hips or skin infections or ear infections. I want to continue to follow that model and be able to provide exceptional veterinary care, but certainly we would be able to start with 24 hour care? Absolutely not. There would have to be a smaller starting point and a place to grow, but I would certainly model many of the things after what Idaho Humane Society has done. It would be remodeling it, it would be whomever the director is, whomever we would find that would need to, again, run this, because, again, it gets beyond the scope of having volunteers take all of this on, but we would need to get some additional direction. Hoaglun: And, Madam Mayor, another question. Connie, kind of similar to what I asked Lieutenant Overton about employees, but I kind of want to follow up regarding volunteers. Peterson: Uh-huh. Hoaglun: I mean one thing I love about Meridian is when people see a problem they don't just say, hey, you guys need to fix that, they say how can I help and get involved and you're a great example of that and we have got passionate people who have stepped in and got involved and took us from that minimum care facility to -- to Meridian City Council June 4, 2013 Page 15 of 65 something more and you don't want to lose that passion, that ability to serve and getting people. If we were to go with IHS on a contract, is there still an opportunity for those folks to be involved there with caring for dogs and other animals, because I -- Peterson: Yes, there is, and those are things that we really have been working as a group to explore, because that's one of the things that saddens me the most is the idea, just like you said, this group of people that have accomplished so much and that has given so much passion, how do you continue to move forward with that. You know, we certainly looked at a couple of ideas. We have looked, again, like I said, merging with Idaho's Humane Society and there are many volunteer opportunities for the volunteers at our shelter and I think the volunteer group at Idaho Humane Society is a thousand strong. They really have kind of changed dramatically what they do as far as a volunteer group. I do recognize, though, the size of Idaho Humane Society is challenging for many of our volunteers who are used to a much smaller, more intimate setting where they have the autonomy to care for the animals in a way that they would like to and so I think that is a challenging transition for some of them and for others it creates opportunities. We have also looked at, you know, trying to maybe move forward and develop into more of a recue group or participate with a smaller rescue group that takes animals in from different shelters that need to be fostered. So, we have tried to explore what it would be and the means of transferring our resources and continuing to still provide care to animals to continue to move that path forward and that's been something we have been trying to explore. Hoaglun: Thank you. De Weerd: Any other questions for Connie? Bird: I have none. De Weerd: Thank you, Connie. Peterson: Thank you. De Weerd: Susan. Thank you for joining us. If you could, please, state your name and address. Holladay: Susan Holladay. 728 East Lava Falls. 83646. De Weerd: Thank you. Holladay: I'm going to give a little bit of the other side of the picture, so that you can have a complete workover here. I'm a taxpayer and I love Meridian. I moved here from Boise, prior to that California, and I love the size of the city, I like the amenities, I love the parks and all the -- you know, all the extra things that we have that you can't really get in Boise and I like my neighbors and I like the way that the city is run. I think we have a great city. I hate to see our animal control put 15 miles from my house. I don't Meridian City Council June 4, 2013 Page 16 of 65 live that far from here, but it's a long haul out there. Great for the south side maybe, but f not so good for us. So, this is my concern. My concern is this is within the city purview. This is my vision is that a city should provide animal control, particularly a city of our size -- what, we are 82,000? I went back to your survey that you took in 2011. Apparently we had 1.49 dogs per household. I'm not sure whether those are Chihuahuas and -- and one big dog, but we do have a pretty significant amount of dogs, 17,000 in 2011, which is a big number for a small city and out of those 17,000 I was amazed to find out that we don't license too many of them. The last figure I have is 2,300, which leaves a lot of revenue on the table, in my opinion, and I'm wondering why -- why are so few dogs licensed. That would be a question, because those funds automatically, I think, should transfer to some kind of animal shelter or -- or some kind of facility. So, I looked into a few things and I'm glad Mr. Hoaglun asked a question of us building. I don't know that building right now is a particularly feasible idea. I'm not sure. But I did check into some leasing. I have noticed some really nice facilities around town. Most of you have heard of Escape the Crate and Emerald Kennels and, you know, Downtown Hound. Those are old warehouses that have been refitted, with the exception of Emerald Kennels, which was built for that, but they have been refitted for boarding -- Emerald Kennels actually has cats. There is play areas. There is areas for evaluation, because each of those facilities does evaluate owners who bring in dogs and whether the dogs are going to fit in that particular situation. So, it's kind of a model that I think works really well and -- and keeps us here, rather than sending us out to the airport and, then, a year from now maybe to have another facility that isn't -- at least for me and I know some of the other volunteers, it's in a very inaccessible area. Maple ~ Grove and Overland is a nightmare and particularly from Meridian. So, I'm trying to look at logistics and -- and I know that about half our volunteers are fine, they want to go to Idaho Humane Society and there is another half of us who are close to the shelter now, we enjoy what we are doing. I'm going to lose my job. I hate that and I don't even get paid. And it's a disappointment not to be able to put something into the community, particularly if you do love animals like I do and like so many of our volunteers do and so many of them -- I can think of one individual that comes three times a week, he doesn't even have a dog and he cleans those kennels -- I will tell you what, everything is clean and neat, because it's his opportunity to kind of have a dog and not take it home with him. So, I think it's a really nice opportunity to, you know, allow seniors, retired people, mom's that maybe don't have children at home anymore, to have a place to invest in their community and I really believe that's an important part of what Meridian is. So, when I talked to -- I believe this is a person -- I talked to Brad Miller from Van Auker today and he believes that we can get afacility -- 2,500 to 5,000 amonth -- 5,000 with improvements included -- about 5,000 square feet and we do have some of those things over at the other shelter I know that would transfer. I don't know anything about building and I'm not going to pretend to, but I think there are some -- some viable alternatives here. Even if we added an employee I don't think our budget would be as much as what is proposed for Idaho Humane Society. I have a budget now -- I have got a copy of it -- 206,000 1 think is what it is and I think if we rent a facility for 5,000 a month that still doesn't put us at 350,000. What I'd like to see is kind of what Connie suggested, is a collaborative effort between the Meridian Humane Society and the City of Meridian. I don't know whether I want to call it a contract with you -- I mean the way that Idaho Meridian City Council June 4, 2013 Page 17 of 65 Humane Society is doing it, but, really, a collaborative effort to keep our volunteer staff as much as possible, to retain our animal control officers, which I think they are excellent. I don't think they are going to get any better. Ithink these gals are really good at what they do and they are appreciated because of that and I think that it would center our community the way it's supposed to be centered. I don't know whether you -- picked this up off the Internet. These are -- excuse me -- two pages of proposed subdivisions from Meridian. Some of them have 1,500 houses in each little area here. This is a southeast Meridian subdivision. These are all on their way to being built or proposed and -- you know, they are in the stages of being available. So, I think we are looking -- am I wrong to think we will double our population in the next few years? I'm betting we will and that means we are going to probably double our dogs, too. So, don't -- I don't really think that the Idaho Humane Society is viable long term. Ithink we are going to revisit this in probably five to ten years and it will be the same question all over again. Are we going to build? Are we going to, you know, do something else? don't know that their facility is going to be able to handle it either. The other thing I have noticed is we are growing west, we are not growing east and we are growing south. Now, south is a little bit closer to them, but Ithink -- our direction I think we all know is west. The center of this area -- the Treasure Valley has changed since I lived here. have lived here 12 years and it used to be in Boise and it's no longer in Boise, it is Fairview and Eagle and I think that you can see that the activity is continuing. So, you know, again, as a taxpayer really -- it's really important to me to be frugal and careful and you have been. I know you have been pretty good about that. I'd really like to see animal control within that, whether it's with the police department or outside the police `F department, that's really something, again, that has to be discussed, but I want to leave that on the table for you, but there are viable things. We can get a building. We can get a budget that you can live with. We can use our volunteers and with another hired person. There is just a number of things that I don't believe have been thoroughly investigated. I'm not sure we have a lot of time to do that, but -- if we have to be out in October that does not leave a lot. The bad thing is we have lost a lot of people, because of the discouragement of, you know, well, I can't go out there. I can't go out there, it's too far for me, so I won't be volunteering anymore. Ithink we are going to lose a good chunk of our volunteers. So, I just wanted to lay those things on the table and just, you know, remind you that there is -- right now we work with Fuzzy Paws, we work with Senior For Seniors, Pets For Patriots -- the kennels have been running -- they are just outstanding. I mean they are thinking of every avenue. We know all these vets that provide extra care. Broadview, where they -- they actually train veterinarian assistants. They use our dogs and our dogs get extra good treatment because of that. There is so many things that they have done. They have laid groundwork that I see will just be kind of left and I hate to see that happen, because like most of the residents of the city I'm a dog owner and I -- cats -- if cats have to be in there, okay. I'm allergic to cats, so -- De Weerd: Come on, I'm a cat lover. Holladay: It can be worked out. I know Emerald Kennels, they have boarding for cats. I know cats can work into this whole thing, but, you know, I'd sure like to be a part of a Meridian City Council June 4, 2013 Page 18 of 65 solution and -- and not one that pushes us clear out in the county away from the ~ residents of the city. So, thank you. De Weerd: Thank you, Susan. Holladay: Do I have to answer questions? De Weerd: You get to. Holladay: Okay. De Weerd: If you would. Please. Councilman Zaremba. Zaremba: Madam Mayor, thank you. We have talked on the phone a number of times. Holladay: Yes. Zaremba: It's a pleasure to meet you in person, so -- and glad you're here. And I do appreciate all the effort that you have put into this and your thoughts as well. Do you have any idea -- you mentioned the Emerald facility that you might want to model a plan after. Holladay: Absolutely. t Zaremba: Do you have any idea what their budget is? Holladay: I have no idea. They are a private facility. They are not a shelter. Zaremba: Okay. Holladay: But the design itself is what interested me. It's never crossed my mind that some of these warehouses -- when I talked to Brad Miller today he said there is lots of older warehouse spaces that could be retrofitted to work as a shelter. You know, we are thinking of -- of having -- I think our view is different now. But now that they have these -- these doggie daycare facilities it's just -- to me there is no reason why we can't do something very similar and I don't think the cost would be prohibitive. But I do think there is a cost to having people not bring their dogs in to relinquish them, rather they turn them loose and I have seen this with horses, by the way, because there is no facility to take care of horses that are aged. You're not allowed to put them down anymore -- you weren't. You are now. But, you know, I think, yeah, there is some issues with having a facility that is quite a ways out and will people pick up the dogs they see, you know, over on Eagle and Fairview -- I don't know. If they have to drive it 15 miles out, maybe not. You know, maybe we are going to see a few more animals splattered on the pavement and I hate that. It just makes me cringe to think about it, which is one here. I have only volunteered for about six months, but I got to tell you this group they are amazing. They are just -- I needed my eyes open to see how amazing Meridian City Council June 4, 2013 Page 19 of 65 they were and Ireally -- I know we are only going to be there for another few months, but if you haven't come out there, please, do. Please see how much we do with so little. A washer and dryer that -- whatever the brand is it must be great, because it takes all the abuse it can take. Zaremba: Madam Mayor, follow up if I may. De Weerd: Yes. Zaremba: You mentioned that we would probably revisit this over time. We all understand that we are sort of under the gun. We have known for years that Public Works was going to have to expand their facility out there and now we are sort of up to the last minute. So, would you be willing to stay involved -- if the decision goes that we need to -- Holladay: Absolutely. Zaremba: -- contract with the Idaho Humane Society for now in order to get us out of the Public Works facility, would you be able to stay involved and -- Holladay: I'd like to stay involved. Zaremba: -- you know, over the course of the next couple of years I think it should be revisited. There may come a time when we are big enough to do it ourself. I will have to admit it's kind of attractive to me to use the efficiency of a regional agency and -- Holladay: I understand that. Zaremba: -- that we -- the cities and county pool our resources on things. There are people that can do some things better than we can do them ourselves and we still get the service, but you bring up a point that this is probably something that isn't over and done, even if we make that decision for this year, in order to get out of Public Works' way and I would hope that you would stay involved and bring this back when there is an opportunity to do something different. Holladay: Well, I hope that all our volunteers stay involved, but, you know, what happens is the discouragement right now is pretty high and people don't want to stay where they feel like, well, it's going away pretty soon, why am I going to volunteer, but there is some very dedicated individuals. I know Connie knows who they are and, honestly, I think they will all stay involved if there is a chance that we can get something here. I just don't see the Idaho Humane Society as being viable and I know that's because I'm used to working in that smaller, you know, more -- it feels more safe. And I think we help feel safe when they come to adopt a dog, too, or when they have to relinquish a dog. I think they know that we are not going to just put that dog down. Okay, you got ten days -- in ten days if that dog isn't gone, he's out of here, you know, we are going to kill him. We don't do that. You know, we work with any of the rescue Meridian City Council June 4, 2013 Page 20 of 65 facilities that will take them and I think for some of the specialty breeds -- we just had an Irish -- an Irish water spaniel I think that was just placed in the rescue and an Irish water spaniel, that's -- believe me, there is rescue for every brand of dog, every breed that there is. So, I think that's the important thing is Connie and Sandy and Rosemary -- they have all laid groundwork. I just -- I see this just going to heck and that's disturbing and it's hard to do that. How long has Connie done it? Ten years, you know. And, then, within a year a lot of that is going to disappear. So, you know, I encourage you to make a wise decision and -- you know, and I'm not going to vote for you if you don't -- no, just kidding. No. I do appreciate that -- you know, I know it's a hard decision, but, gosh darn it, this is Meridian and it's just like Mr. Hoaglun said, this is Meridian, when there is something that needs to be done there is people to do it and I do believe that's -- that is the point here. We aren't ready to give up our dogs or our cats, so -- De Weerd: I know. My cat couldn't live without my dog, so -- they are just like this. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Susan, you did bring up a good point that Councilman Zaremba mentioned. Maybe this is an interim step, because we are under a time crunch and maybe down the road we do something that's a hybrid model, so to speak, of something that comes back to the city. But still exploring the option two and that is a facility in Meridian. What is the minimum that is needed at this type of facility? I mean, again, looking at the IHS model where they have 24 hours, they have critical care, they have an emergency center, they take cats -- I mean I use that as a model, because in my mind, outside of the volunteers, that's far and above -- way better than what we offer now. So, to me that's a big step up. But what -- what's the minimum that we would need in a facility if are going to go to a warehouse -- rent a warehouse and put something together? Holladay: Well, I think, of course, we would need to retrofit the warehouse that would make it suitable for -- for what we are talking about and I'm with Connie as far as contracting with a vet. We do have a couple of 24 hour vets close by. They are quite expensive, but we do -- you know, a lot of that is covered by our donations. I don't know if -- you know, if you noticed on your budget, there is no dog food in here -- yes, there are shots, because that's what our animal control requires, but I mean there is a whole list of things. There is toys. There is blankets and doggie beds and bowls and everything and those -- you don't buy those. Those come from -- you know, from our donations. So, you know, again, another thing I hate to throw away, I hate for people not to be able to contribute to that sort of thing. Yes, they can give to the Idaho Humane Society, I know that, but I mean this is Meridian. I live in Meridian. I don't live in Boise, I don't live in the county, I live here. I want it here because I live here and because I'm happy with the facility, as ugly as it is. It's a horrible looking place. I mean if you saw on the inside, you know, it's not the Taj Mahal, but we do great with it and a lot of us are just disappointed that we are not going to be able to continue. So, the minimum I think is to provide the care we have and, then, start working towards a more Meridian City Council June 4, 2013 Page 21 of 65 expansive kind of picture. We have not been able to do that just because of the size of ~ the facility and I think, again, putting that decision off it's probably made it worse, because, you know, now -- now we really do have to make a decision and we could have kind of been moving in that direction had we had a little bit bigger facility. But it does take a little more space than what we have and right now we are crowded. You know, we got dogs back to back and that's tough and especially for the bigger dogs, they get really stressed. But, you know, I'm looking -- what I was looking at with Brad Miller -- I wasn't looking, I was just getting ideas from him -- is about a 5,000 square feet and that's probably not going to be enough in five years, but for right now that -- are you kidding, we could fit in the corner and that would be fine with us, too, so -- Hoaglun: Okay. Okay. Thank you, Susan. I appreciate it very much. Holladay: Thank you. De Weerd: Well, I -- Susan, I appreciate your passion and I know the volunteers put a lot of heart and soul in this. Connie mentioned success stories and I have witnessed them at the some fundraisers and there is a lot of pride in what you have accomplished. I know that a lot of different options have been explored from drop off centers that can keep the animals, keep at least the location in Meridian to be transferred to IHS and IHS is a great organization. I don't want to take away from the service that they provide and they are a known entity that has some pretty amazing fundraising opportunities. So, there must be some -- some other stone we haven't unturned and we have a month to do it before this Council needs to make a difficult decision, but I would say, you know, let's keep talking and maybe IHS would consider a drop off center that we can take animals in and, then, transport them to IHS or -- I don't know. Holladay: I don't either. One thing that does concern me about IHS compared to us -- and (know it's because they are -- they are subsidizing, but their costs are way higher. So, you're talking for a puppy maybe 300 dollars. You know, you're talking 23.50, plus spade and neuter for us and it's a significant difference and to drop off a cat I have gotten two quotes -- 15 dollars or 23.50 to drop off a cat, which means probably people won't bother dropping off a cat if it's going to cost them money. So, I'm just -- those are real -- De Weerd: I don't think they will have the drop off fee if we contract with IHS, so -- Holladay: They don't get charged for it if they drop them off if -- De Weerd: Yeah. That's correct. But we -- we do appreciate what you have shared and -- any other questions from Council? Holladay: I want to thank David Zaremba for -- because I talk with him and he told me how to get all this stuff and the city clerk was so nice. So, thank you for that. She gave me all the budget and everything, which I really appreciate. Meridian City Council June 4, 2013 Page 22 of 65 De Weerd: We appreciate -- Holladay: Put us on the agenda. That was nice. De Weerd: -- you all being here. Thank you. Holladay: Thank you. De Weerd: Lieutenant, do you want to wrap this up? Overton: Madam Mayor, Members of the Council. I think it was the appropriate thing to do to allow all sides to come tonight and talk, but it's also appropriate -- you know, know she has been a volunteer for us for six months and has developed quite an attachment to our community in those six months, but we have been dealing with this for the last seven years and we have had meetings knowing -- this is not a surprise that there is an expansion at the wastewater treatment plant. I sat down with Connie for at least the last year and a half to two years and told her this date is coming, we are going to have to come up with a plan for the future, because they are growing to the point they are going to push us off this piece of real estate and we need to have a plan and we just weren't able to do it -- whether it was the economy -- it was just the way things worked out that put us in the position where the best fiscal opportunity for us was to contract with IHS. You know, I talked with one of the volunteers earlier this evening and it was kind of fun -- and I really need to say this, because she says you're trying to get rid of us and I said I'm the one that got you here, because nine years ago I was one of the ones that pushed for these volunteers, brought them in, pushed them to a 501(c)(3), stood behind them and pushed for adoption -- I pushed for everything I got and I want to make it known that I'm not trying to be the bad guy here, but I have to look at all the options for our city and how we move forward and how we do it in the best manner and I appreciate every one of you for how you have listened to us and take everything in and, of course, we are open to listening in the future for any other possible options. But we will stand and we will do whatever you wish. We always do. And I will stand for any last questions on anything that's come up, so -- Hoaglun: Madam Mayor and lieutenant. So, if one of the volunteers wins the lottery and wishes to donate five million dollars to build a shelter you won't object? Overton: Not at all. Hoaglun: Okay. Great. Thank you. De Weerd: Let's all go out and buy tickets, uh? Any questions for Lieutenant Overton? Bird: I have none. Rountree: I have none. Meridian City Council June 4, 2013 Page 23 of 65 De Weerd: Thank you. And thank you all for being here. Item 8: Items (Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Action Items A. Continued from May 28, 2013: Public Hearing: VAR 13-002 Knighthill by James Wylie Located Southwest Corner of Chinden Boulevard and N. Linder Road Request: Right- In/Right-Out Access Point to State Highway 20/26 (Chinden boulevard) De Weerd: So, we will move to Item 9-A, which is a continued public hearing on VAR 13-002. Bill. Parsons: Good evening, Madam Mayor, Members of the Council. First item on the agenda this evening is the Knighthill variance application before you. The property is situated on the southwest corner of Chinden Boulevard and North Linder Road. It's currently surrounded by residential to the south and to the west and also C-N and L-O property to the west as well. To the north we have C-C zoned property and to the east we have county property that has not annexed into the city as of yet. You can see here ~ in the aerial provided -- again, a majority of the site abutting this property is developed. That connectivity was approved to this with those developments as well. The applicant is here and annexed that property in 2006. As part of that annexation approval there was a concept plan that was approved and that is the plan that you see on the left-hand side of this exhibit before you. It included approximately 110,000 square feet of retail and office use. Again, access was proposed from Linder Road. Gertie Place, which is the stub street to the south and, then, Everest Lane was stubbed to the east boundary here and that was to service this development. As I mentioned to you earlier, these access points were approved back in the day. They were also approved when Lochsa Falls came in at that time, so -- and the comprehensive look at this section of mile -- mean staff did look at that and the city did look at that and Council looked at that and approved these access points and felt that these were appropriate access points to serve this development. The applicant is here this evening to discuss aright-in, right- out access to Chinden Boulevard approximately 725 feet from the intersection. If Council would recall -- excuse me -- just to the north you did grant approval of a variance for that property that is zoned C-C. I want to point out to Council that we are not really comparing apples to apples on the two properties. If you recall, that property on the north was impacted by a center median that was stalled on Linder Road with the construction of Fred Meyer, so access is very limited on that side of Chinden Boulevard as well. The only access that serves that C-C zoned property was aright-in, right-out only due to the construction of that median. They later came in, had a -- included a new vision for that property to the north and at that point Council felt that we were funneling -- had a potential of funneling a large amount of commercial traffic through a Meridian City Council June 4, 2013 Page 24 of 65 commercial subdivision to serve -- or a residential subdivision to serve that commercial division -- or subdivision and so certainly these aren't the same situations that we are talking about tonight. We have actually had the residential in first. We have got a street that stubs to these properties, we have got commercial development that buffers Chinden to the residential as well and that's where we stand on that. This property did come before you in 2009 and requested the same variance access. At that time you felt that these three access points that I presented to you this evening adequately served this development and denied -- ultimately denied that access point. The biggest difference between tonight's application and the previous application is ITD's change in policy. At that time they did support staff's recommendation and city code at that time to deny access to Chinden Boulevard. Decided those reasons why they felt it was appropriate. Again, they were funded in the direction of preserving the corridor for mobility. Since that time they have had a change to their policy and as you can see as a result we have had multiple developers over the years come before you and ask for variances to their state facilities. Mr. Dave Szplett is here this evening to answer any questions you may have regarding those changes to those policies. The staff is going to stick with their recommendation. Again, as you are aware of, there is three findings that we have to try to make in order to support a variance application for the state facility. Based on those findings, based on the fact that we can't meet the findings that the proposed access point doesn't meet our Comprehensive Plan, it's not supported -- it's not supported by the draft management plan presented by COMPASS and supported by ITD at the time, staff felt it appropriate to recommend denial to you of this application. I'd also mention to you that we did receive comments from the fire f. department and the police department on this application. They both are recommending denial of the access as well to you this evening. The other thing that hasn't been determined is how that intersection would be designed in the future, what safety measures are in place for Chinden to insure this does function as a right-in, right- out access only. Those were some of the questions you had with the previous variance application and we are still here. We don't have direct answers as to how that would ultimately look at build out. So, based on those reasons again staff is recommending denial and at this time I would stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill, do you know how far down the medians are going to go on 20/26 or is that a question for ITD? Parsons: Madam Mayor, Members of the Council, that's a question for ITD. There is not one planned. Meridian City Council June 4, 2013 Page 25 of 65 Hoaglun: And if you -- I want to look at Gertie access points. If you can go back to the aerial on that. Okay. There we go. Yeah. Is that -- is that a cul-de-sac right there or turn around? Is that just for a fire truck turn around point? Is that what they did there? Parsons: Madam Mayor, Members of the Council, that would be correct. That's just an ACHD temporary turn around for now. Hoaglun: Okay. All right. Thank you. De Weerd: Thank you. Anything further from Council at this point? Bird: I have none. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address for the record. Wiley: Good evening. James Wiley. 1676 North Clarendon Way. Eagle. De Weerd: Okay. Wiley: 83616. Madam Mayor, Members of the Council, I was in front of you in '09 to discuss a variance application at that time before ITD had made their changes. This has been a long process to try and develop this property. We haven't had a lot of success in finding any tenants that would move into the property, mainly because most of the offers that we received were contingent to access on Chinden. We have had -- on the northeast corner there is the Fred Meyer development. It has multiple accesses off of Linder and a full access, as you're more than likely aware, off of Chinden, just slightly passed -- or further away from intersection than what we are requesting. The northwest corner has an access off of Long -- Long Lake through the residential area and access off of Linder and an access off of Chinden. I feel that this is very similar to what we are requesting. We are requesting an access off of Chinden, right-in, right-out, at a further point from the intersection than what the northwest corner was granted access recently. ITD has changed their access criteria. I talked with Dave Szplett and he said that he was willing to come down and discuss that -- that new criteria that they have come up with. We have participated with the other property owners on the corners trying to get more thorough traffic participation with them without any success. I met with the Mayor at least once trying to do that and was unsuccessful in putting together a group of four developers trying to figure everything out. It was -- we couldn't even get two developers to try and get anything put together. But we do feel that we would be at a competitive disadvantage by not having the access that's been granted to two of the other property owners. The parts to the northeast we don't know when that is going to be developed. We don't know what will happen to our access on Linder when that is developed. So, the competitive disadvantage of not being able to bring people in I feel will put this property at a negative versus their -- the other properties. I have asked other professionals to come in and speak about traffic safety and about the economic impact of this property if we are allowed to have the access and proceed with a retail Meridian City Council June 4, 2013 Page 26 of 65 type commercial development. We don't feel that at this point that that type of a development would be conceivable or economically possible and it hasn't been for the years that we have owned the property. We did not have -- we did not have anything to do with the original 2006 application. Just want to say that. I request your positive vote tonight and I will stand for any questions. De Weerd: Thank you. Council, any questions? Okay. Thank you. Wiley: Thank you. De Weerd: There were several people who signed up. When I call your name if you would like to provide testimony at that time I would invite you forward. Dave Szplett with ITD. Signed neutral I will note, Dave. Szplett: Good evening, Mayor and Council. Staff. My name is Dave Szplett. I'm the development services manager for ITD District Three. That's true. ITD is neutral on this. In 2009 the applicant applied for an access. We denied it, because it did not meet the policy requirements for half mile approach spacing. In October 1st of 2012 Our board and the -- I'm sorry. The legislature approved a new formal policy that changed the access management. Instead of half mile spacing now we are down to generally 750 feet upstream from a signal and, then, 500 foot spacing as the minimum. That doesn't mean every 500 feet everyone will be approved if they need the approach. Mr. Wiley applied for an approach. He's a couple inches sort of the 750 feet, but that's not a big deal to us. We approved an approach subject to three conditions. One is that Mr. Wiley build an eastbound right turn lane into his site, so the traffic on Chinden will not -- sorry. The turning traffic will not affect the through traffic. The second item is that left turns are prohibited from the site and the only option we gave him was to build a raised median in Chinden. So, it becomes a separate turn lane to get in and prohibits -- prohibition of left turns. The third condition was -- that the city approve his -- the use of the access. So, the bottom line is that Mr. Wiley applied for an approach. It met ITD's standards and we placed restrictions to him. There was no choice in the matter for -- for us and I'm not here to say yes or no, only to report that he has an approved permit. Do you have any questions for me? De Weerd: I have all kinds of questions. Szplett: What a surprise, Mayor. De Weerd: Well, I just don't understand how you can meet -- now, this has nothing to do with this application, but this new policy, every 500 to 750 feet, how on earth are you supposed to move traffic on state highways with that kind of access management, if you call it management? Szplett: I have heard that question more than once and I can only report that the legislature made the rule and staff stands there and goes, sir, yes, sir, and applies the policy. Meridian City Council June 4, 2013 Page 27 of 65 De Weerd: Well, perhaps ITD needs to become an enforcement agency as well, so you can put your staff out in that kind of condition and enforce that kind of crap. Szplett: Yes, ma'am, I understand the city's position. I can only repeat that the legislature made the rule and I enforce it -- apply it. De Weerd: This is where I do a Councilman Bird thing. Hoaglun: Madam Mayor? Szplett: You are known for your subtlety, ma'am. Hoaglun: Madam Mayor? De Weerd: Thank you, Dave. Hoaglun: Question for Dave. De Weerd: Yes. Hoaglun: Dave, do you guys have any standards for that island for that right-in, right- out? Is it supposed to be of a certain height with -- to keep people from making that left ' turn as you're headed westbound to -- because I do see that on Eagle Road from time to time people still turn into aright-in, right-only going the opposite way, so -- Szplett: We do have a standard drawing. Mr. Wiley has not submitted drawings to us yet, but he doesn't have to until he's ready to build it. We suggested he talk to the landowner in the northwest corner, because they were required to build the same thing. Hoaglun: Okay. And, Madam Mayor, last question, Dave. And so representing ITD do you know how far down that median is going to come from the intersection going west on 20/26? Szplett: They haven't designed it -- you mean the ones on Mr. Wiley's -- Hoaglun: Yeah. I know it's going to go down part way, because that parcel on the north side we had that issue, but I didn't know if it was going to go down as far as that access point that Mr. Wiley is showing or not. Szplett: The approach on the north side is closer to the corner than Mr. Wiley's. Hoaglun: Okay. Szplett: So, the driveway would have to extend west of Mr. Wiley's approach, which would be farther than the north side approach. He's not submitted drawings to us yet, Meridian City Council June 4, 2013 Page 28 of 65 so we have not approved location or design. We do have a standard drawing. If it makes the Mayor happy, the board told us that the purpose of the relaxed standards was to foster economic growth -- De Weerd: At the cost of lives. I'm sorry. Hoaglun: You're not going to win this one, Dave, so -- Szplett: I like my job, Mayor, and I -- and I -- I have nothing to say. Evidently their goal must work, because Mr. Wiley did not apply for that permit for the last couple of years and once the permit -- once the policy changed I have been inundated with reapplications of former denials. And the policy is the policy, just like your staff, they all look at you and say, ma'am, yes, ma'am and off we go. De Weerd: You guys remember that. Rountree: Yeah. Right. Szplett: Now I put them in a bad spot. Honest, Mayor, I have no view one way or the other. I can only report that the policy is the policy and Mr. Wiley meets it. De Weerd: Good job. Mr. Zaremba. E Zaremba: Given the fact that the COMPASS projections are that in general this valley is going to grow by about five times its current population and that US 20/26 is a very important transportation facility corridor that many years ago, between the City of Meridian and ITD was dedicated as a high speed corridor, which meant limited access to it. In the future as traffic on 20/26 becomes five times what it is now or whatever it's going to do, what is ITD's ability to say an access at this point isn't working, we can remove it? Szplett: The law is such that if we grant the approach and we have to take it away, we have to purchase it. So, it could be done, but it would not necessarily be expend -- sorry -- would not necessarily be inexpensive. What I anticipate the board is doing is what was done on Eagle Road, is you allow full accesses to support economic growth. Raised medians when traffic safety requires it. There isn't significant cost, as you know. Those raised medians in Eagle Road I think came out to be about 104 dollars a linear foot. A half a million dollars a mile. So, there is a public cost to resolve -- sorry -- to mitigate past decisions. And that's what I suspect they are doing here -- we are doing here. Which I clearly apply. De Weerd: Mr. Rountree. Rountree: Look at him. It's a good thing this has nothing to do with automotive emission control. Meridian City Council June 4, 2013 Page 29 of 65 Szplett: Yes. I paid my -- Rountree: You paid your fee. Szplett: -- my 20 dollars instead of my ten that you paid. Rountree: Again, just as a matter of curiosity -- not this application, but we are seeing a lot of these kinds of applications where you have changed your policy. What is the permitting of this access that has been denied by ITD and denied by the city and actually denied by the Supreme Court, in term of cost, what does it cost to get this permit now? Is it a nominal free, plus conditions, or -- Szplett: The legislature sets the application fee. In Mr. Whey's case it was one hundred dollars. Rountree: Yeah. What's the -- put this in context of the taxpayers of the United States, because they provide -- some states provide us more money than we do for federal aid highways. What's the cost of loss of capacity for access of this nature? Szplett: Well, it's significant. I can't give you a dollar number, because it varies by roadway and I agree that there is a loss of capacity. Every driveway is a loss of capacity. That's why the interstate can carry 1,900 vehicles per lane and Chinden can carry 600 vehicles per lane. And, you're right, but the board made adecision -- Rountree: My question is was that a factor in the decision making? This has nothing to do with this application, just a matter of curiosity. Szplett: I would like to think that the board considered all sides. The legislature. I was not part of the decision making process. Rountree: I can totally sympathize with the position you're in having been there. Szplett: Yes. I can -- that's why I flinched when you started to talk, because I knew that you were speaking from a greater depth of understanding. Rountree: Did I understand or was I thinking I was going to ask for this, that the raised median would be provided through this section with any development of this parcel? Szplett: Mr. Whey's approval is conditioned on him constructing the raised median. Rountree: Okay. Szplett: He has not submitted a design yet, so I can't give you the details, but it is part of the requirement. Rountree: And you wanted a decel lane? Meridian City Council June 4, 2013 Page 30 of 65 i, Szplett: Yes, sir. Rountree: And that's going to be on ITD right of way? Szplett: Yes. When he previously -- when the site was annexed in -- '09 -- was it '09 or '06? Rountree: Just turn it over. Szplett: Close. When the site was annexed we acquired the 70 feet minimum right of way. Seventy feet allows -- that's half width. Allows half of the future six lane street. The turn -- the eastbound deceleration lane can easily be accommodated within that 70 foot of right of way. Rountree: Thank you. Zaremba: Madam Mayor, follow up on that. I'm interpreting what you're saying to say today it can be accommodated there, but with a future expansion is that going to -- considering the future roadway -- not just the right of way, but what's actually going to be paved to handle five times the traffic, is that deceleration lane still going to exist? Szplett: If the roadway was constructed to its full build out, which would be three full lanes each direction and dual west left turn lanes, that would be eight lanes. That would be 96 feet of pavement. We could still get another turn lane on each side and stay within our 140 feet, which is what we have. The original corridor plan that we did that you folks helped us with called for one hundred feet west of Linder Road -- or west of Meridian Road. However, it did give us the option for 70 feet if we were constrained and we have been asking for the minimum of 70 feet throughout the corridor now. Zaremba: Excuse me. Seventy feet total or 70 feet from the center line each side? Szplett: Seventy feet from the section line or half width, which gives us 140 feet. If it makes you feel good, by the airport -- Boise airport, that's the one to the east. Rountree: Suburb. Szplett: Yeah. You have probably heard of it. Anyway. There is 200 feet I think for the interstate, so 140 is pretty good. By the time we get to it we will all be driving little tiny baby cars and the lanes are eight foot wide. De Weerd: So, Dave, you mentioned the corridor study. With this new policy is that just tossed out the window? Szplett: I was -- I'm choosing my words carefully. The direction we got from headquarters is that the legislature's supersedes district corridor plans, so -- Meridian City Council June 4, 2013 Page 31 of 65 De Weerd: In those two years multiple municipalities, counties, agencies, the legislature knows better. Szplett: Was there a question in there? De Weerd: No. I just had a point to one of our legislators, but he's not looking at me. Maybe I put him to sleep. Szplett: The direction we received from headquarters was that the policy supersedes previous corridor plans. De Weerd: Okay. Szplett: We do have another option that would involve our money, not yours, and that is if the -- the roadway can now be -- we have two new categories of roadway. One is to -- it's called an expressway and is one called a freeway. An expressway is one that's sort of a state version of an interstate in which access is only permitted at great distances and the freeway is one that's similar, the access is only approved if ITD chooses to approve it. But both policies require ITD to buy the access rights to the policy and having spent all day in court over a similar case, I can tell you that purchasing access rights to properties on state highways is much more expensive than paying me for the rest of my life. But we will gladly accept any contributions from the city if you want to { help us with the access. De Weerd: In your dreams. I guess -- Szplett: I love this city. I should move here. Hoaglun: Do you have a dog? Szplett: Not anymore. It got too old. My emissions testing would be cut -- the cost would be cut in half. Rountree: There you go. De Weerd: There you go. Well, I guess, Dave, what I would hope that maybe we could with ITD on this -- Mr. Wiley mentioned this in his remarks -- is he tried to get all four of these corners together to come -- to come up with some kind of access management plan, because this is going to be a busy intersection. It's on a very busy state highway. We wanted to -- it not be the road block or the constraint to the facility and as Mr. Wiley said, we Could get three -- we actually had all four properties at the table. Three of those properties were interested in having dialogue, but the one who got the access that started all of this wasn't interested. So, this created a real problem and it created a real challenge to the other three property owners on those corners, who followed the rules. So, we have now many more intersections on this highway that if ITD would at least Meridian City Council June 4, 2013 Page 32 of 65 support the municipalities or the local agencies in helping us bring people to the table t, and asking them to come up with a plan for each of those intersections if they were not to abide by the corridor study or current ordinances, would ITD at least be willing to support good planning in that fashion. Szplett: I'm one hundred percent sure, ma'am, that ITD will work with the land use agency. In fact, the e-mail I got from the district engineer this morning said that I should do -- I should report that we will do what it takes to help you. The fact that we gave out the permit does not mean that you can be less -- sorry. It doesn't mean that your city can be more restrict -- can't be more restrictive, it can only mean that it can't be less. And the land use decision is yours. We gave them a permit. The other issue is yours and ITD has nothing to say about it. De Weerd: Well -- and that is true. But ITD opened Pandora's Box with Fred Meyer and that does, in my opinion, make the other three corners have an economic disadvantage. Szplett: In fact, if it makes you feel good to know that you're absolutely right, is we -- you know, litigated over the access on one corner. Right. The northeast one. Subsequent to October 1st when the new policy came in, the northwest corner applied and received a permit, the southwest applied and received a permit, and the attorneys for the southeast corner have been sitting in my office, too. So, you know, if you can look at it from a standpoint of the legislature is correct, that approving approaches encourages economic growth and I don't know how they made the trade off with -- of accessibility and capacity, but they made the decision without my input, wisely on their part, probably, and I follow the rules and the rules say they get one at 750. Mr. Wiley meets it. We mitigated it with the turn lane and median and I'm here to take a licking again. Not from you, but every place. We cover ten counties. How many times have done the same speech, you know. De Weerd: And we are getting good at it, so -- thank you for being here. Szplett: I'm getting thicker skin, Mayor. But your group is always nice to be with and you don't make it personal, so it's no big deal. De Weerd: Yeah. We won't kill the messenger. Szplett: Thank you. De Weerd: Just make it a little uncomfortable. Any other questions from Council? Okay. Szplett: Should I -- I will stay in case something else comes up. De Weerd: Okay. Thank you. Meridian City Council June 4, 2013 Page 33 of 65 Zaremba: Thank you. r De Weerd: Dan Thompson signed up in favor. Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Thompson: My name is Dan Thompson. Thompson Engineers. Business address 181 East 50th Street in Garden City. I own two dogs. De Weerd: That qualifies you to live in the City of Meridian. Thompson: Actually, one of the dogs six years ago did turn up missing. Found it several miles away at the Meridian animal shelter and so it does extend beyond just your community. That was several years ago. He was a Humane Society dog anyway. So, we don't know how old he is, but right now he is at least 15, deaf, half blind, missing teeth, but happy to be alive. De Weerd: He might be the 4.6. Thompson: We still go for a daily walk. I was hired to do the study, not to talk about dogs. I will admit that anytime you do add an approach to a roadway you do impact the safety of the roadway. Anytime you add vehicles to a roadway you impact the safety of the roadway. That is just a fact of highway engineering and what we try to do is mitigate that -- those impacts and we realize that we want roads to provide through traffic to get people from point to A to point B, but we don't always know where those point A and B's are going to be. So, therefore, we do need some access into the roadways and in this case we are asking for an additional access and we are trying to mitigate that access. One of the ways we can mitigate it is by restricting our turns. The right turnouts, that will explain in a little more detail, are one of the safer turns you can make on a roadway and we can mitigate that by eliminating left turns by the median and you are correct that -- that those islands don't work. You do need a median. That's the only thing that does work and a determined guy in a four wheel drive will get over those. So, we can mitigate those, we can't stop them, and Mr. Wiley has agreed to extend to the conditions imposed by ITD to extend the medians as they require. The other thing we can is do is try to get those vehicles coming in out of the traffic as quickly as possible and that's what I'm showing on the screen right now is we are not just proposing just a simple turn radius, we are proposing a right turn lane where we actually get the traffic out of the through traffic as early as possible. The lane that we are proposing, according to ITD standards, is going to be over 600 feet long to give them plenty of time to get out of the traffic flow safely and negotiate that right turn without impacting the -- the vehicles. This is the site, as we said, that -- 725 feet from the proposed location, which is right there, to Linder -- I'm turning into my dad with this technology. We do have the access on Gertie, but as you can see from this view, that's really not access, that's kind of more convenience for the subdivision, people traveling to and from the site are not going to go through the subdivision and I don't think the people at the subdivision want those people doing that anyway. Everest Lane is -- also it's a narrow lane, I think it's just barely 24 feet wide. Anybody wanting to travel to the east will definitely not use this Meridian City Council June 4, 2013 Page 34 of 65 way. Anybody coming from the west would have to be -- know a half a mile in advance that that's where they want to go and as a commercial site they relying on some visual connections to get there. So, while there is access it's really not viable commercial access to a lot of these things. And, again, we are talking about the safety and what just kind of wanted to talk about here is with some of the things we are seeing that are out there -- I'm not saying because they are out there that you should approve them, but what I'm trying to get everybody to understand where everybody is talking safety and they get a little excited, I just want to show some of the things I found just on Eagle Road that's out there and have you be able to understand what we talking about and this is Eagle and Highway 44. The Eagle River Street there -- see if I can get that to work. That is a right-in, right-out and it is into an actual combined lane. It's a weave section there. And, actually, in this case I don't think that's a very good design. But what is of note there is that the traffic there is almost 40,000 vehicles per day, compared to on Chinden where we are right now at less than about 17,000 per day. So, it's significantly more traffic there and it's only about 600 feet from the intersection. So, it's much closer and that's been in function for about ten years now. This is Chinden and Eagle. Again, up in here the Chinden traffic is all about 20,000 -- over 25,000 vehicles a day I guess. We have this -- am I doing something wrong? Parsons: Pick a color at the top. Thompson: Pick a color? At this intersection I think we are little over 450 and now they have recently come in and put in a median there to restrict the left turns in there. And they have also kind of taken out these free right turn lanes, there to slow the traffic down through there and that is a good move, because those were kind of nasty. This intersection down here is like 350 and, again, I'm not -- there we go. Eagle and Pine. This is one that's aright-in only and this one was just recently approved not too long ago and this -- the traffic down here is well over 50,000 vehicles per day, over three times what we are looking at at our site, and this intersection is only about 250 feet and this is the one I really kind of wanted to show, because this is very close to what we have. This intersection up here is about 730 feet from Ustick Road. Pretty close to what we have here. Traffic here is over about 45,000 vehicles per day, so it's still significantly higher, but when we talk about the intersection of Linder and Chinden Boulevard, they said make it look like that intersection. So, that's all we are doing, we are just making it look like that intersection. You know, that's scary sometimes. This is 55 miles an hour traffic, have to inject some of those in there and, yeah, you know, you got to be careful getting out there and -- but anywhere you get out there, anywhere you access it is 55 miles an hour, it will be an issue. I guess I just wanted to show this. This is Eagle River again and this development has been there for over ten years and you can see the access problems are just -- there is no access for over a half mile and it's just -- development is not occurring on either side of the highway there because of the access. De Weerd: Mr. Thompson, can you -- can you summarize? Thompson: Yes. Meridian City Council June 4, 2013 Page 35 of 65 r De Weerd: Thank you. Thompson: Very quickly. It's the dogs that kind of threw me, I guess. One of the things that we keep talking is the number of intersections per mile that causes all our problems. We are at -- just kind of looking at two signals per mile. Our intersections per mile we are way down this end of the scale. So, we are not -- we are trying to -- we are really trying to slow the intersections out, we are way down there. One thing that we are trying to do is balance the traffic, so we don't load them all up into the Linder Road. If we started loading them up we are going to decrease the desirable gap that the traffic is going to have there and they are going to start taking chances to get into those intersections. The last thing I want to talk about is the type of intersection. We are talking about right turns out only. Right turns in and right turn out. This is our -- this is our conflict point diagram that everybody seems to like to talk about. We have a vehicle turning right into the site. They basically have -- we don't have anybody turning left. We have one point of conflict. That's right there. We don't have anybody coming across or turning left in, so we have one point of conflict. If we had people coming out, they have the rear conflict and, then, the one coming from the end. So, those are the two conflicts we really have to deal with in that intersection. If we are dealing with the Linder conflict, if we try to move all those vehicles over to Linder and they are turning left out of there, they would have the one, two, three, four, five, six conflicts to get out against the traffic coming both ways and what's important to look at is we are dealing -- in a right turn lane we are dealing with diverging conflicts and merging conflicts. Those are not usually the bad kind. When we are talking left turns we are dealing with the crossing conflicts, those are the broadside collisions and so that's what we are trying to eliminate that. So, again, we think -- we understand by adding an approach that there is an impact on safety, we understand that. What we are trying to do is mitigate that and we also recognize that we are changing the safety of some other intersection in the process. So, with that I will stand for questions. De Weerd: Council, any questions? Okay. Thank you. Thompson: Thank you. De Weerd: Brian Greber. Signed up in favor. Thank you for being here. If you will state your name and address for the record. Greber: I'm Brian Greber. 3071 East Nature Drive, Boise. 83706. I am from the suburbs. De Weerd: Thank you. Greber: I'm an economist -- senior economist with Echo Northwest, the largest economic consulting firm in the northwest. I am also a professor at Boise State University. I'm here with my private hat on today. Mr. Wiley did approach me to look at assessing the economic contributions of the development at that site. I will start by Meridian City Council June 4, 2013 Page 36 of 65 saying I'm an economist, I'm not a transportation or real estate person, but I do have to E go from the standpoint of transactions evidence. Mr. Wiley has held the property for a number of years, he's been unable to get tenants on the property, which indicates to me he's got marketing problems. That property with its current configuration has not been developable for Mr. Wiley. So, we did look at the economic contribution of the site as it currently sat versus with the plans that he had proposed for mixed use and through that we looked at both the economic implications during the construction phase and the economic implications of that site as an ongoing business enterprise. I believe you have all received a copy of our report, so I will just hit some of the highlights here. During the construction phase we did view this 66,000 feet -- square foot of construction would generate 21.3 million dollars in business and personal purchases during the construction phase, that there would be 131 jobs, both from the direct employment during construction and the impacts of the ripple effects. You can figure roughly for every job in construction you're going to get 1.7 to 1.8 multiplier effect in the economy. So, directly it's going to be that 131 divided by 1.7, so 70 jobs say. Those jobs would be associated with about 7.6 million dollars in personal income in the local economy. During the construction phase there would be a very small increment to tax revenues in the area. Where it becomes more interesting for the local economy is once you get up running as an ongoing enterprise with the site plans there, what we have done with competitive benchmarking on rental rate, sales per square foot, et cetera. These are our estimates. They come from third-party data. We were seeing the implications of this site being 14 million dollars in retail sales of goods and services throughout the economy. Again, that's with that ripple effect, that 1.7 multiplier. There would be about 129 jobs generated through time as a result of the development. About 4.3 million dollars in personal income and, then, from an impact on the local communities from a tax revenue, looking at current tax assessments, where that property sits now in its current tax status versus what it could be, it could contribute 68.5 thousand dollars per year to Meridian's budget, 60.3 thousand to Ada County, and 74,000 dollars plus to the other associated taxing districts in the area. That's on an annual basis through time. So, you are looking at an opportunity that within this area is going to generate one hundred plus jobs, it's going to be generating jobs with the equivalent of 37,000 dollars per worker. Income, it is likely -- I would say that if it didn't happen on that corner it's going to happen somewhere else in the valley, but it may across the street outside of the Meridian taxing district, outside of some of the direct impacts on Meridian citizens, Meridian jobs. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Greber: Certainly. Meridian City Council June 4, 2013 Page 37 of 65 De Weerd: Is there anyone else who would like to provide testimony on this item? Okay. Mr. Wiley, would you like to conclude? Wiley: Thank you for giving me the opportunity to bring this in front of you tonight and also we do intend to -- if you give approval comply fully with whatever ITD requires for the approach lane and for the median. I have talked with people on the northwest corner and asked if they'd like to jointly go together on some sort of a median to make it more cost effective for both of us and, then, it would be uniform in construction. Aside from that I'm here for any questions and I would appreciate your positive approval. De Weerd: Thank you. Any questions from Council? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have a typical sideways question while you're there. It's actually for Bill I think. On the approved concept plan in the upper right-hand corner, it's kind of a bluish area, which I'm interpreting to be some kind of an amenity, maybe welcome to Meridian sign or something like that and I don't see it on the new plan. Are there still amenities required or is this the wrong stage in the process to ask about that? Parson: Madam Mayor, Members of the Council, actually, the welcome to Meridian sign is for the property to the north -- northwest corner. This was shown as a fountain and on the concept plan this is the concept plan that is tied to the development agreement. If -- if Mr. Renny gets approval of this access, more than likely in our discussion to you that he would more than likely come in with a new DA mod and a new preliminary plat, so more than likely that concept plan would be no longer -- would more than likely change to what you see reminiscent here. But currently that's what's shown and that's what we are expecting with the development of the site. Zaremba: And at that point there would be a discussion about amenities? Parson: At that point, correct. When that DA gets opened up again those discussions will be had. Zaremba: Great. Thank you. De Weerd: Okay. So, no questions for Mr. Wiley? Zaremba: I guess not. Answered my question, but thank you for standing there. De Weerd: Thank you. Okay. Council, if there is no further questions for staff or applicant, I would entertain a motion to close the public hearing. Meridian City Council June 4, 2013 Page 38 of 65 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the public hearing on Item 9-A. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on 9-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will lead off with a comment. I am well known for being opposed to additional accesses, particularly in this area, but the hand that we have been dealt by not only the city of Eagle and the Fred Meyer property, but the things that we have had to do around this intersection, I have opposed an access at this specific point every time it's come in front of me, I think the first time I was still on the Planning and Zoning ( Commission. But without changing my mind about the theory, I'm inclined to consider this as possibly a necessary thing that we need to do and the mitigating factor for me, I have never been comfortable with the private road Everest Lane as being the major access to this property, it is a private road, it is a narrow access. With the mitigating factors of the median in the middle of Chinden and the decel lane to enter this, I could be talked into allowing this. That's my personal comment. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Well, I'm going to move that we approve Item 9-A, Variance 13-002 with the understanding that the safety issues have been taken care of with the mitigation measures and conditions that have been provided by ITD's permitting access, that the economic hardship has been demonstrated and our previous action on the property just north of this with a similar situation has an approved variance for a similar right-in, right- out. The condition I would apply in our approval is that the conditions of median placement and right-in acceleration lane be completed prior to issuance of building permits. Bird: Second. Meridian City Council June 4, 2013 Page 39 of 65 { De Weerd: I have a motion and a second. Any discussion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: To the maker of the motion, you're saying the right-in deceleration lane or acceleration lane? Rountree: The deceleration lane. Hoaglun: Okay. That's -- Bird: Coming in. Hoaglun: -- bad hearing on my part. Thank you. Rountree: Or bad statement on mine. Parsons: Madam Mayor? De Weerd: Bill. Parsons: I'm sorry to interrupt. I wanted clarification. We don't typical condition variance applications, so I think the applicant heard it loud and clear that when he comes in with a DA mod and his plat that we are probably looking for something to that effect. Rountree: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I was just going to -- De Weerd: A thumbs up, is that legally binding? Nary: Uh, no. De Weerd: I'm sorry. Nary: But, Madam Mayor, the -- as Bill stated, they will have to bring back a development agreement modification, there we can put those requirements as far as Meridian City Council June 4, 2013 Page 40 of 65 that. All we need is the findings to make sure the variance requirements have been met, so -- Rountree: Given my motion and your pre-exposed to one of the conditions that might be brought forward. Nary: Yeah. De Weerd: Okay. If there is nothing further, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Flearing: TEC 13-004 Pinebridge Subdivision by B.W. Meridian, Inc. Located East Side of N. Locust Grove Road, South of E. Fairview Avenue and North of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item No. 9-B is a public hearing on TEC 13-004. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The request before you is a time extension on the preliminary plat for Pinebridge Subdivision. This site consists of approximately a hundred acres of land. It's currently zoned C-G and is located south of Fairview, east of Locust Grove and north of Commercial Street. This is the third time extension requested for the subject preliminary plat. No final plats have been approved. Approval of the subject time extension will allow the applicant to proceed with the platting process. Since the preliminary plat was approved there have been some changes made to the city's Unified Development Code that affect development of this site pertaining to streetlight standards, performance surety, and warrant surety. Staff is recommending approval of the time extension request with the conditions that the applicant comply with the aforementioned changes to the UDC. Written testimony was received from Dan Torfin in agreement with the staff report. Staff will stand for any questions Council may have. De Weerd: Thank you so much. Council, any questions for staff at this time? Bird: I have none. De Weerd: Okay. Would the applicant like to come forward. Meridian City Council June 4, 2013 Page 41 of 65 Torfin: Good evening, Madam Mayor, Members of the Council. Dan Torfin representing B.W. Meridian, Inc., and our request is an additional two year time extension. We concur with the staff presentation. Want to keep it brief. I'm not going to talk about cars or dogs and -- Bird: Thank you. Torfin: -- I will summarize and just say that we are actively working on other aspects that will lead us to some final platting beyond what we have done, with the exception of Pine Avenue to help facilitate the two campuses that are out there ongoing and other than that I will stand for some questions. De Weerd: Thank you. Any questions for Dan? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you. Torfin: Thank you. De Weerd: This is a public hearing and I did have a member sign up in opposition and, ( Jack, I'm afraid I don't know how to say your last name, so I'm just going to call you Jack and say come on up and we'd love to hear from you. If you will, please, state your name and address for the record. Cortabitarte: My name is Jack Cortabitarte at 3115 Crescent Rim Drive, Boise, Idaho. 83706. De Weerd: Thank you. Cortabitarte: Madam Mayor, Council Members, thank you for the opportunity. My family owns the piece of property adjoining this Pine Bridge Subdivision and we have been involved for a number of years. I'd like to first say that the project Pinebridge is a very very positive project in our opinion, not only for us who are neighbors, but also for the City of Meridian, Ada County, and the state. What has been done is beautiful, we support it totally. However, for another extension of two more years we, in supporting the developer and the development, would never come here and oppose this based upon the economy, the need for their resources, probably their need to attract businesses, hospitals, doctors, medical facilities -- we understand that. But a developer who gets that opportunity to delay also has some responsibility I think to the community, its neighbors, the street of Fairview and I think if this is done it's time that maybe the developer take a look at the vacant and abandoned buildings on the property and clean it, because it is negative for further development for all of the other land owners on Fairview and I think negative for visitors looking at the City of Meridian for commercial Meridian City Council June 4, 2013 Page 42 of 65 opportunities for moving here in the way it looks and I'm not talking about rental property f that the developer may have rented that are actively inhabited, I'm talking about abandoned sheds, barns, buildings and houses and I think another two years it's stretching it and I think it needs to be addressed. Our family on a very small parcel had a vacant house that I managed because of an uncle that passed away and I tried to manage it to the best of my ability in terms watering, mowing the lawn, and I did. We continually had break ins. I worked with the city police department of Meridian, who were very positive and supportive. It got so bad with vandals and drug issues and so on that our family paid and had the -- the residence demolished, so it's vacant land right now. I'm saying this, because I care. I care the way it looks and I care the way Fairview looks and I care the way the City of Meridian looks. So, I'm -- in summary, I'm supporting the developer, I'm supporting the development, but I think if we go another two years I think someone needs to look at this and it needs to be cleaned to the best of their ability. De Weerd: Thank you, Jack. Cortabitarte: Thank you. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is there anyone else who would like to provide testimony on this item? Okay. Dan. Torfin: Madam Mayor, Members of the Council, I listened to Mr. Cortabitarte's comments. We do have -- De Weerd: Dan, if you can just restate your name. I know you haven't been here for a little while, but -- Torfin: At least two years. Since the last request. Dan Torfin representing B.W. Meridian, Inc., 250 South Beechwood. De Weerd: Thank you. Torfin: We will look at those houses. We do have -- many of those have some small businesses in them, but I do believe that there are one or two that have been abandoned and so we will -- if I can -- I will talk to Mr. Cortabitarte and we will go look at that and we will take care of that. If there is some cleanup things -- we have done that along Pine Avenue, we demolished the houses, so, you know, maybe it's something we have overlooked. So, we will take care of that. We don't want to be a blight on the neighborhood. Meridian City Council June 4, 2013 Page 43 of 65 De Weerd: Thank you. Any questions for the applicant? Rountree: I have none. Zaremba: Madam Mayor? Madam Mayor? De Weerd: Oh, I'm sorry. Mr. Zaremba. Zaremba: This may be for one of the two Bills maybe. Is there any prohibition against doing work on a site before the final plat is -- I mean could they demolish a couple buildings if they wanted to? - De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, yeah, we don't require -- I don't think we require a demo permit. I mean they can certainly grade ground and do all of that without -- Zaremba: Thank you. De Weerd: Okay. Torfin: Thank you. De Weerd: Thank you. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close public hearing TEC 13-004. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-B. All those in favor say aye. All ayes. Motion carried. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 13-004, and include all staff, applicant and public testimony, including the applicant's testimony that he would take care of blight within the two years. Meridian City Council June 4, 2013 Page 44 of 65 Rountree: Second. i De Weerd: I have a motion and a second to approve this item. 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. C. Public Hearing: IMDA 13-010 Paramount Subdivision by Brighton Development, Inc. Located South of V11. Chinden Boulevard, Between N. (Meridian Road and N. Linder Road Request: Amend the Development Agreement to Delete the Number of Lots, Dwelling Units and Square Footages Allowed to Develop on the Site and Replace with the Types of Uses Approved on the Site De Weerd: Item C is a public hearing on MDA 13-010. I will open the public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application E before you is a request for a modification to the existing development agreement for Paramount Subdivision. This site is located south of Chinden between Linder and Meridian, north of McMillan, and is currently zoned R-8, L-O, R-40, and C-G. The applicant proposes an amendment to the development agreement which currently restricts development to a certain number of building lots, common lots, dwelling units, square footage of commercial space to remove specific numbers of each. The reason for the change is the initial application did not account for the annexed areas that were not preliminary platted or that were subsequently acquired and added to the project, nor changes made due to market changes. Therefore, the proposed modifications deletes the reference numbers and focuses on the allowed uses within the various zoning designations. Written testimony was received from Mike Wardle, the applicant, in agreement with the staff report. Staff is recommending approval of the requested modification. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Not at this time. De Weerd: Does the applicant have comment? Good evening, Mike. Meridian City Council June 4, 2013 Page 45 of 65 Wardle: Good evening. Madam Mayor, Council Members, Mike Wardle, Brighton ~ Corporation, 12601 West Explorer Drive in Boise. I'm prepared to answer questions, to give you a brief review or a very extensive review. Your choice. I would simply note that -- as Sonya has pointed out, we have added area to this project over time. You have seen applications for what was called Paramount South 60, Paramount North, Paramount Northeast and conversion of some L-O property as Paramount East and in that process we have added to hundreds of additional lots. So, it's just a matter of allowing the project to continue as it expands and I guess one thing I would like to do is hand out something just to show you the extent of the project and really the quality of what we think it's becoming. So, if you will indulge me I will just hand this to you. This is a comparative -- the first sheet shows the original 764 lots that were platted -- preliminary platted in 2003. It shows, then, the areas that have been added into the bottom of that first sheet, simply shows now the composite of the project as it has formed over that ten year period. The second sheet simply shows those areas that were added. So, I don't think there is a lot to really get into, but we appreciate the opportunity to continue this process. We are currently in phase 23 and there are many more to go, but it's going very well. We appreciate the city's efforts to help us along that process. Thank you. De Weerd: It sounds like you had a successful Parade of Homes as well from the looks of it. Wardle: Madam Mayor, I'm assuming that's the case. They keep me kind of in the back corner and don't tell me all of those. Bird: They don't let you in the house? Wardle: They say get another application in. De Weerd: Council, any questions for the applicant? Bird: I have none. Wardle: Thank you. De Weerd: This is a public hearing comment on this application? Is there anyone who would like to provide Bird: Madam Mayor? De Weerd: Mr. Bird. You will need to come up, please. If you can, please, state your name and address for the record. Franks: Sure. My name is name Craig Franks. I live at 436 West Valentino Street in Paramount. Meridian City Council June 4, 2013 Page 46 of 65 De Weerd: Thank you. Franks: I'm just curious if they are changing -- I mean if I got one of those sheets that the Council has got -- I'm just curious, are they changing every portion or is it just the proposed portion -- you know, is it 62 or -- do you understand the question? De Weerd: Sonya, could you answer that? Watters: I'm not sure I understand the question. De Weerd: I don't either. I was hoping you did. Watters: There is not necessarily any -- the area hasn't been expanded. There was some property that was preliminary platted as one large mega lot so to say and this is just coming back in to be preliminary platted. So, therefore, the number of lots will increase. The area isn't necessarily increasing of the overall subdivision. Franks: Yeah. My question, I guess, is you know, if you. look at our old plat it says multi-use or -- are they changing it from one use to another use? Watters: I don't believe so. Mike could speak to that when he comes up, but that's not my understanding. ( Franks: Okay. Yeah. I'm just -- Watters: Just getting rid of the numbers -- the specific numbers of building lots and common lots and square footages. Franks: Okay. Yeah. That was my main concern is that they -- well, I'd just like to see single family houses in a development. That was my main concern. De Weerd: Thank you. Franks: Thank you. Wardle: Madam Mayor, once again Mike Wardle. Sonya is correct. The only area that has changed use is -- if you look at the bottom picture of the graphic on the right side that says plus 46, that area was originally annexed and zoned in two parcels, one being L-O and one being higher density townhomes. The number of units as a result probably is less than what might have occurred if we had gone with a higher density uses and the other change was that church right at the corner of Producer Drive and Meridian Road at the mid mile. So, that's the only change. Everything else was anticipated where it says the plus 155, that was identified as future single family, had 35 acres originally. We did add -- if you look at the top of that first page where it says detailed 155, we did add the area just to the southeast there in the green, that was not part of the original property, but, again, that's been platted as part of Paramount No. 21 as single family Meridian City Council June 4, 2013 Page 47 of 65 lots. So, the other uses that are still essentially bare, the higher density and commercial at the southeast corner of that section are still intact and no changes anticipated for those. Hoaglun: And, Madam Mayor and Mike, it's not unusual to have a limited office location along a major road, which Meridian is becoming, and higher density homes kind of as a buffer to the single family homes inside. So, pretty -- pretty typical that we see just as your development is doing. Wardle: Thank you. De Weerd: Okay. Thank you. Council, anymore information needed on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move that we close the public hearing on MDA 13-010. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-C. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-010, include all staff, applicant and public testimony. Rountree: Second. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-C. 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. Meridian City Council June 4, 2013 Page 48 of 65 D. Public Hearing to Take Comments on a Proposed Land Trade to Replace the Recreational Value of a Portion of Storey Park that has been Converted to Non-Recreational Use Council approved Staffs proposal and staff will move forward Public Hearing: SHP 13-001 Storey Park by City of Meridian Parks Department Located Southeast Corner of S. Main Street and E. Franklin Road Request: Short Plat Consisting of Four (4) Euildable Lots on Approximately 18.81 Acres of Land in a C-G Zoning District De Weerd: Item D and E are part of a public hearing. Item D is to take comments on a proposed land trade and Item E is on SHP 13-001. Gibbons: Madam Mayor, Members of the Council, Jay Gibbons, Meridian Parks and Recreation. I'm here to represent both of these -- one's an application, the other one is a discussion, but they are all part of the same. The first item is the opportunity for the public to have public input and also receive direction from Council concerning a potential land trade involving a piece of Storey Park and it's in -- De Weerd: Jay, if you will excuse me for a moment. Gibbons: No problem. De Weerd: Mr. Bird? Bird: I'm going to recuse myself from this. I have throughout the -- all the negotiations. De Weerd: Okay. Gibbons: Madam Mayor, Members of the Council, at any rate, what we are trying to accomplish is have a discussion about Storey Park, a little bit of its history, issues that have come about, what we are trying to accomplish through a potential land swap and, then, a short plat application to follow. Should be a pretty easy discussion, because that's a culmination of efforts that we need to talk about up front. As you can tell from this graphic Storey Park is about 18 and -- 18 and change acres. The original Storey Park is on -- near the corner of Franklin and Meridian Road -- turns into Main Street. In about 1960 -- between '66 and '68 the city received a pledge and received a grant for acquisition of an additional piece of property to Storey Park through the Land Water Conservation Fund and that encompasses the 15 acre parcel that currently houses the baseball field, Moe Brooks Field, a softball field, a maintenance shop, as well as a restroom and parking in that area. There is also about 3.7 acres that are undeveloped at present. About two fiscal years ago our department started down the road of a master plan to figure out what to do with this undeveloped area, so that we could have a plan going forward. What's been outstanding over the course of several years is because of the Land Water Conservation Fund and our acquisition, our utilization of that Meridian City Council June 4, 2013 Page 49 of 65 fund for this acquisition, we have been in violation of one of the provisions, which is that the property be -- to remain in perpetuity in outdoor recreation uses. Several years ago the city dug a well and built a well building there in the southwest corner where this star is and because it was fenced in 2007, the state parks did their -- their review of the site, their inspection, which they accomplish every few years and noted that that's not outdoor recollection anymore and called us on the carpet again. We have been in violation three different occasions and this is the only one that we haven't been able to rectify very quickly. The process to rectify that use also for the city to pursue an additional piece of property in order to take care of a piece that was closed off to the public and, granted, the piece that's closed off to the pubic at present only encompasses about 14,000 square feet, but state parks and the national park service is not concerned with square footage issues, they are concerned with the value and that ends up being the land value and in order to accomplish this we have to find like for like. So, about a year ago -- a little -- well, 16 months ago we started talking to the dairy board and the speedway and I want to recognize all my partners that are here tonight. We have the dairy board present. We have the speedway present. And we have Public Works present. And they have all three been integral to the process of getting to a point where we could talk about jointly solving this issue. Historically the speedway has had -- or has made use of the undeveloped part of Storey Park, because we as a city have used it for overflow parking for special events and also allowed them to -- to utilize part of that property as -- as access to the pits to get larger car haulers in and out and what have you, as well as that's where the fireworks have been for the city's entertainment on July 4th has been out in that area. So, we -- one of the speedway -- or the owners of the speedway operator's group owns a parcel that fronts on Water Tower Lane and he is willing to -- to accomplish aquasi-trade or benefit -- he's willing to give that to the dairy board in return for some -- some permission for some of the things he would like to do on the speedway operation side of things and in return for that, then, the city would trade the dairy board for a piece of Storey Park that backs up to the speedway and, actually, I have a graphic for that as well. And so by carving off parcel A, which backs up to the speedway, trading that portion minus the well lot, which would be carved out of -- out of parcel A and Public Works would end up with that up front. In return the city would gain parcel B, which fronts Water Tower. That allows us to kick additional parking and an access road through to the south through the park and have two points of access into the park. That's always been -- from a through standpoint that's been an issue from a safety and transportation standpoint of getting people to and through Storey Park. But currently the parking lot for the ball fields is a dead end, except for on special events when we open the dirt access to go south. By accomplishing this trade we have conceptual plans at this point to illustrate additional parking along park property and extending down into -- into -- onto Water Tower itself. That -- that piece -- we would be giving away, basically -- or trading, basically, right up to -- a little over two acres to the dairy board. Public Works will get a 20,000 square foot well lot. That would allow them a little additional space for expanded operations in the future. In return the city and parks would gain the 1.4 acre parcel, which is on our parks subdivision number, to Lot 5, and if you noticed from the last graphic that the city currently owns on the park subdivision number two, Lot 6, which is a 30 foot access. The problem with keeping that and just going to off site and finding another piece of Meridian City Council June 4, 2013 Page 50 of 65 property to use aconversation -- or a conversion piece is that if we use that Lot No. 6 for access though the park to Water Tower we are bisecting what is our park and that's really not an efficient use of park land either. By accomplishing this trade and being able to utilize a portion of Lot 5 on the east -- or the west side of Lot 5, that's -- that's more to and if it reserves more space and -- and open space, green place, and, then, we can -- once we -- we get to this point we have an application -- a set of application materials available and prepared to submit to state parks and the National Parks Service to accomplish this. One of those requirements -- we have a public hearing to talk about this and give the public an opportunity and that's why we are here to talk about this tonight. I specifically invited the partners in the project here in case you had questions for them or would like to hear from them or that they had input, because it appears that we don't have a whole lot of public, other than partners. So, at this point I will stand for questions and see if we can go from there. De Weerd: Thank you, Jay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Jay, I don't know that I have seen anybody from parks and rec or the federal government here. Are they aware of this proposed solution and are they acceptable to the solution? Gibbons: Councilman Rountree, yes, they have been at the table and we have run all of these concepts -- they have -- we won't have a final decision until the application is made and they have a period of time to review. Anything that -- we can't trade any land, enter into any agreement or anything beyond preliminary until the application is made and approved. We are setting the table for all that to happen, but, yes, we have worked with state parks since day one. The National Parks Service has been aware of each option as they have come forward or that we have proposed to them and we have received positive feedback, all the way along, so nothing is a surprise to them. Rountree: Thank you. Hoaglun: So, Madam Mayor, Jay, even though there is a little size difference, partly because of the frontage, the values are very similar? Gibbons: Councilman Hoaglun, that's very true. The parcel, Lot 5, that fronts Water Tower is a commercial property and that's versus our property, which -- it evens out to the dollar from an appraised value, 89,000 square feet that we are going to trade to the dairy board for this 1.4 acres. It works out to the dollar, so it's even Steven across the current land values anyways from the current land values anyways from the appraisals. Hoaglun: And, Madam Mayor and Jay, the access, which would be on the west end of the new parcel -- parcel B I think was indicated, we would have that secondary access Meridian City Council June 4, 2013 Page 51 of 65 come to in there and, then, that would tie into the existing parking lot and, then, they would have access points to get up into park A, if you will, points along there? If remember correctly it's kind of a -- there is kind of a sloped area. Gibbons: This -- Councilman Hoaglun, this is a graphic that -- a conceptual master plan that we prepared for the application of state parks, so they wanted to know what we were potentially going to do with the land and without going into specifics -- because we haven't done a master plan process. This is -- this is a rough concept. But, yes, there is some slope -- definitely some slope to the piece of property that we are proposing to trade to the dairy board where the access roadway would go through. You can see it connects to the -- to the south end of the existing parking lot, comes through and there is actually parking on both sides of the access way and it swings through. He also notes that -- and we will talk further when we get to the preliminary plat, but the well lot -- the Public Works is going to receive also will have access to that -- that through road and as part of the plat process will be -- and we currently are negotiating across-access agreement easement with the dairy board to provide access to the piece of property that we are going to trade to them as well, so -- Hoaglun: Okay. Gibbons: It all ties together. Hoaglun: It gives me a good context. That's what I need. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In the discussions about this since the piece of property that is being traded away, I guess I will put it that way, parcel A maybe you called it someplace -- is there any discussion about the appearance of that? It will be visible from the park and I have noticed sometimes there is broken boats stored back there and other stuff. Is there anything in the agreement to have the appearance be the kind of thing that wouldn't be pleasant from our park? Gibbons: Councilman Zaremba, we have discussed that with the dairy board and there is -- and we talked about we will end up -- there is definitely a fence between the two. There is some buffer area that we will have outside that fence, but they also have indicated that the location that they would potentially store their boats or what have you -- not knowing whether they are going to be boats or whatever storage -- outdoor storage that they will have on that piece of property, it will be screened and they will keep it that way. So, hopefully, it won't be what it is at the moment, but as you know there is also additional topography, but from -- from the area that we are talking about for their storage will mostly be down here between the well lot and the access road there on the flatter part anyway, so it will help screen that. Meridian City Council June 4, 2013 Page 52 of 65 Zaremba: Thank you. i; Gibbons: We have had a lot of discussion about a lot of things. And very positive might add. De Weerd: It's kind of interesting to think of boats behind the speedway, uh. Although understand it's a very popular race. Zaremba: It is. It's fun. You should go watch it. De Weerd: Any other questions from Council? Thank you, Jay. It is a public hearing. Is there any comment from any of our partners? Any testimony? I guess that -- we take that as very positive. Siddoway: If no one else is going to testify, Madam Mayor, I'd just like to say having been working on this for a few years that I believe this is the epitome of a win-win scenario. When all is said and done the park is better for having frontage, for having the access, allow additional traffic flow. The speedway, becomes more whole by owning their -- the area they use for the pit access and their -- the Public Works Department ends up owning their well lot. So, I believe it's a win for all of the parties involved and that's why we are here tonight. De Weerd: I guess, Steve, I assumed it was a win by the lack of testimony. But I know that's not due from the lack of interest. This has been ongoing for decades. So, we appreciate all of those that came to the table and -- and found a solution and saw this through to tonight at least. So, thank you. Gibbons: Thank you. De Weerd: Thank you. If you will state your name and address for the record. Mattison: Madam Mayor, my name is Gerry Mattison. 1892 West Hendricks Court, Meridian. De Weerd: Thank you. Mattison: I'm secretary-treasurer of the Meridian Dairy and Stock Shows, Incorporated, which has been referred to as the dairy board. I just want to reiterate kind of what Steve said, that this is an issue we have been dealing with for many many years and this would rectify a problem we have, a problem that the city has, a problem that the -- the water department has with their well. So, we are in favor of. I think right now the only sticking point we have is that cross-easement and access to that property. We want to make sure that we do have unlimited access through -- off Water Tower. So, that's where we are at right now. So, thank you. De Weerd: Thank you, Gerry. Meridian City Council June 4, 2013 Page 53 of 65 Gibbons: Madam Mayor, would you like to move on to the short plat discussion or you want to -- De Weerd: Yeah. Rountree: Did you open both of those? De Weerd: Yes, I did. Rountree: Yeah. Gibbons: Okay. Because staff would like direction from the Council as far as moving forward or what have you with the potential land trade itself, in addition to the short plat. They go hand in hand, however. I wasn't sure whether Bill had input he wanted to give on the short plat or -- Parsons: Madam Mayor, Members of Council, since you did open up both public hearing items, I was the staff planner that wrote the staff report on Storey Park. I think Jay's done a great job explaining what we are trying to accomplish here, so I won't waste anymore of your time on that, but I do want to make mention that there is a condition placed on this plat that they provide across-access as discussed this evening. One other item that you should be aware of is when the Chamber of Commerce building was constructed on the site in Storey Park it was built over a Rutledge easement, essentially, of the irrigation district, so that is something we should be aware of, the Parks Department and the city moving forward that we probably should clean up that discrepancy. My understanding is there are no facilities under the building, be a simple process, just basically go back to the irrigation district, make sure we follow the proper process, get that portion of that easement vacated and that we can move forward with this plat as well and those are probably the two main conditions of approval moving forward with this plat. So, with that I'd stand for any questions you have. De Weerd: Thank you, Bill. Any questions from Council? Comments from Jay? Gibbons: Madam Mayor, Members of the Council, as Bill said, there is -- there is a couple of issues that we will need to, before final plat, address. One is that easement and, like I said, every time we turn around there is something in Storey Park that's yet another adventure and I can't say that that existing easement that runs under the Chamber of Commerce building -- the lateral has been moved. There is a new easement over the new underground pipe, however, the old easement was not abandoned at that point, so we just need to take care of that. So, I have been in discuss with Development Services and -- you need longer stems on these mikes. At least for me anyways. Anyhow. So, the point of this -- this plat is there are actually three purposes. The first is -- I don't know if you recall, but in 2010 we did a record survey and across-access agreement with -- with Ward for the swimming pool for their parking and to clean up their lot configuration. Well, through that record of survey we Meridian City Council June 4, 2013 Page 54 of 65 combined the original 3.1 acre Storey Park with the 15 acres. One of the first questions ~ that -- that the feds -- the national park service had through this conversion conversation was, well, why doesn't the land water conservation -- the Land and Water Conservation Fund stipulations also apply to the rest of the park? Wait a minute. You don't understand that it's a separate piece of property and we need to keep it separate, because it already has less than outdoor recreation uses on it in the way of the Chamber of Commerce building. So, part of this plat is lot number one is separating that back out, because the record of survey was -- they were combined. Lot number two, then, is the remainder of the original 15 acre piece and will remain in the park. Lot three is, then, 89,000 and change lot that will then be traded to the dairy board and future development opportunities that the dairy board may have and, then, lot number four is the well lot itself and you can see that there are a number of easements that cross and -- every which direction, the borders and what have you. Currently the well lot -- or what will be the well lot has access along the north-south canal to -- their gate is actually on the northwest corner of that fence enclosure. That will remain, because there is existing underground utilities from the well to the water tower and what have you. So, they will still have that access, but they will also have access to the through road through lot number two and, then, lot number five. And we will be working with the dairy board to appropriately negotiate across-access easement and on the final plat that will be recorded and the instrument number will be on the plat. So, we still have some work cut out to do, but we have some time to do that. It can -- it can take -- the national park service reserves the right to take a year to make a decision. We are hoping that that doesn't take that long. But, ultimately, they have the final say. We have a good relationship with them at present and we'd like to keep that. So, with that I believe you can see what -- what the short plat entails, it's four lots, and I will stand for any questions. De Weerd: Thank you. Council, any question? Rountree: I have none. Hoaglun: I have -- Mayor, no questions -- well, I guess I do have a question. Did you have some direction you wanted from us on this or -- because it sounded like you guys have it pretty well thought out and understand the issues that need to be addressed for the final plat. Gibbons: Council Hoaglun, we do. As far as the plat is concerned, if you approve the short plat, then, we have, basically, the condition of approval in order to go for final plat and get signature on that plat. However, we would like a little direction to make sure -- the point of having the public hearing from a public input standpoint on the land -- the potential land trade itself was to make sure that Council is comfortable and will provide staff a little direction to say, okay, we see where you're headed, continue down that road and see where it ends up. And, hopefully, it ends up here, so -- Hoaglun: Well, Madam Mayor, one direct -- I mean you guys have put a lot of time and ( effort into this, as have all the parties, and there are a lot of variations that were out Meridian City Council June 4, 2013 Page 55 of 65 there and options that I know were being explored at one time, so I think this was the best case scenario that we had talked about -- that was being talked about at the time and so I'm glad it came to fruition and I'm always leery, you know, when you get the federal money involved it creates headaches. So, I'm glad we got those sorted for that part and, hopefully, they give us their final blessing on this and we have finalized some of the other that are out there, access and easement and different things like that. So, I think it's very doable. Siddoway: Madam Mayor? De Weerd: Steve. Siddoway: We would request two motions from Council. One on the first hearing to give directions to move forward with the direction proposed. I think that what the state parks and the fed wants is some acknowledgement by City Council that this is a direction that they buy off on and, then, second, we would request a second motion on approval of the plat with the conditions noted by planning. De Weerd: So, Mr. Nary, typically we don't have a motion on just a public hearing per se. Is that -- Nary: On Item D, Madam Mayor? De Weerd: Yes. Nary: Yes. But I think they -- I think they are requiring that from the state -- to make sure that -- De Weerd: The state is requiring -- Nary: -- that's the direction that Council wants to go. You're still going to have to come back with an agreement and I don't recall if there is another public hearing or just the agreement. I can't recall. I can't remember if there was a public comment period and a public hearing that was going to be required before the agreement. Siddoway: There is an agreement that has to come back for formal approval. That's the only one I know of for sure. Nary: So -- yeah. Unless the state requires this, Madam Mayor, Members of the Council, to have a public hearing for the agreement, you would just have an agreement, which would be noticed on your agenda and certainly for discussion and some of the finer details that we have talked about would be encompassed in that agreement. De Weerd: Okay. Mr. Rountree. Meridian City Council June 4, 2013 Page 56 of 65 Rountree: Well, I guess I had one question and it's -- I'm okay with everything that's going -- what's the -- what's behind the description, if you will, of Lot B or whatever it is. The one to be traded. And I see some things in there that don't help either one us too much and looks they would be maintenance problems and headaches for both of us and -- like the little jagged point in the northern part up there between the parking lot at the rest area and what would be their property boundary. Gibbons: Councilman Hoaglun -- or Rountree -- Rountree: Go ahead and blame him. Gibbons: That point in the northwest corner, that is actually an existing chain link fence line that follows the edge of our parking lot and so they utilize the speedway -- that area, so it made sense that we would have to replace that fence line to that point anyway and allow them to continue to use that. Siddoway: Madam Mayor and Councilman Rountree, it actually makes more sense when you're on site. The grade difference is made up there with -- with the fence and a little bit of a retaining wall, so there actually is a separation there that's -- that's clear on the existing site that follows that line. Rountree: And not being able to read the notes, what is the shaded called out on that little rectangular piece at the access point in the southwest corner? Gibbons: Okay. Councilman Rountree, that is a utility easement. Rountree: So, that's what that shading is? Gibbons: Yes. Rountree: Okay. All right. Gibbons: It's the same hatch pattern as there is in the -- that goes through the existing Storey Park property. Or proper. Excuse me. In lot one. De Weerd: Okay. Anything further from Council? Rountree: I have nothing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on 9-D and 9-E both. Rountree: Second. Meridian City Council June 4, 2013 Page 57 of 65 De Weerd: I have a motion and a second to close the public hearing on Items 9-D and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we -- this is addressing 9-D only. That we instruct staff to move forward with this and with this proposal together to make the necessary application to the land and water board to get their final approval and for their information we support the direction that all the partners have made this go. Rountree: Second. De Weerd: I have a motion and a second and I'll ask for a roll call, please. Roll Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. f MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Zaremba. Zaremba: Okay. On Item 9-E I move that we approve SHP 13-001, including staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion by Council? Madam Clerk. Roll Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Again, I'd like to thank our partners for being here this evening and for being at the table and working this out. Thank you. De Weerd: Okay. Under Item 10 -- Council, lets take a five minute break. Meridian City Council June 4, 2013 Page 58 of 65 (Recess: 9:03 p.m. to 9:11 p.m.) Item 10: Department Reports A. Community Development/Parks Department: State and Local Agreement for UPRR Rail with Trail Arterial Study Project KN 13817 B. Resolution IVo. 13-927: Resolution Approving the State/Local Agreement for Federal Aid Highway Project IVo. A013(817) for the UPRR Rail with Trail Arterial Study De Weerd: We are at 10-A, which is under our Community Development and Parks Department. Hood: Madam Mayor, Members of the Council, thank you for the time tonight. In fact, want to thank you for starting these meetings at 6:00. I was hoping I would get to kiss my kids before putting them to bed tonight. That's still not going to happen, but I'm glad it's 9:00 o'clock and not 10:00 o'clock, nonetheless. So, I'm actually presenting on 10-A and if that goes well ask your approval on 10-B, which is a resolution. I am here with the Parks Department, Public Works, Members of the Mayor's office staff have been working and vetted an application here this last year and for the TAP grant -- £ Transportation Appearance Program through MAP 21, federal legislation. We have received approval from COMPASS and now the state -- ITD for a local agreement for our Rail To Trail arterial roadway crossing study. It is an approximately 85,000 dollar study, 78,761 of that 85,000 is federal aid dollars and our local match is 6,239 dollars. If you approve -- continue to approve this project, as well as this actual agreement with the state for the federal aid project, you have a resolution that parks has prepared to bring a budget amendment before you next week for that same amount, so -- and would like to thank, as well, while I have got the microphone, for legal for turning the state and local agreement so quickly. Ted Baird turned it right around and Finance has been working with, again, our team to make sure all the T's are crossed and the I's are dotted in the Parks Department. I will -- I will just note -- you may recall we actually applied twice last year to COMPASS for TAP. This is the first -- the first round was FY-13 and '14. This is a '13 project. The second round of applications -- this is the first round. The second round will be forthcoming later. We have had some discussions offline about that is when we actually start talking about construction. This is just a planning study. So, we are -- it is very important to this project, but if we don't build the Rail To Trail we don't have to pay these funds back. So, this doesn't start a trigger of us acquiring property or getting into a real true engineering design. We are looking at concepts for crossing the -- I believe it's six arterials, one collection and one local roadway between Eagle Road and the county line for the Rail To Trail project. But I just wanted to make that clear, that it is for the study and the study only and we do have some skin in the game with our local match, but -- but I wanted to make that clear, because in a couple years I will be coming -- if I'm still here -- be coming back to you Meridian City Council June 4, 2013 Page 59 of 65 with that -- with that next round, the second round of TAP and if the grant's still here, should probably say, for -- to get into design and construction of the actual trail. So, with that, Madam Mayor, Members of the Council, I will stand for -- for any questions. Oh, before I do, I do want to -- there is a baton you're going to see me essentially hand off to Jay as you approve this resolution, hopefully. Most of my role with this is going to be diminishing. Jay Gibbons is going to manage this contract with the consultant that we select and -- and do the -- you know, process all the -- all the payments and select the consultant and so on and so forth. So, I will still be in the picture, but he is going to -- he is going to take the lead and I'm going to, you know, play a backup role. So, I just wanted to let you all know that and thank Jay, for -- for taking that on. So, with that, Madam Mayor. De Weerd: Thank you, Caleb. Appreciate that. Any questions for Caleb? Bird: I have none, Mayor. De Weerd: Okay. Item 10-D is resolution 13-927. Rountree: Who is the parks guy? Zaremba: Okay. If there is not going to be any discussion, I move that we approve resolution 13-927. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: The baton has been passed. That was for you, Jay. Rountree: He's not paying attention. De Weerd: I know. Jones: Madam Mayor? De Weerd: Yes. Jones: If I may, I believe we need a motion to approve 10-A as well. Meridian City Council June 4, 2013 Page 60 of 65 De Weerd: I believe the resolution approved it. Bird: The resolution took it. Nary: Yeah. C. Public Works: budget Amendment for RV ®ump Construction Funding for aNot-to-Exceed Amount of $400,000.00 De Weerd: Thank you. It never hurts to ask, though. But thank you. 10-C is under our Public Work Department. Kyle. Radek: Madam Mayor, Council Members, this is a budget amendment for 400,000 dollars to move funds from an existing account to the accounts for the RV dump station. In November of 2012 City Council approved Public Works Department design concept for the new RV dump facility. The design is apparently 95 percent and we would like to bid it out for construction in mid June and there is money available in another wastewater funding code that is not needed, so this is a zero change -- zero budget change -- budget request moving from one line item to another and so if you have further questions I will stand for further questions, otherwise, we are asking for approval. De Weerd: I sure wish I could come up with a dozy for you, Kyle, but I just fall short. Yes, Mr. Bird. Bird: I got to ask one question. Now, are you sure this is going to be enough, Kyle? Radek: Councilman Bird, Madam Mayor, no. Bird: Being honest. Radek: Madam Mayor, Council Members, I asked that question to David Allison, who is the project manager. I said what are you basing this on and why is it so high. I thought you would ask that question, actually. Bird: That was the next one. Radek: So -- and he said that is based on engineering estimates and it is a significant improvement in what we think of as an RV dump station and most of the improvements are -- and cost is because there is going to be room for -- for two vehicles to sit side by side -- Bird: Good. Radek: -- and so the community will be out to Ten Mile Road and there is going to be the availability for two vehicles to dump at the same time and -- and a lot of the -- well, l all the pavement is going to concrete, instead of asphalt, because when you have Meridian City Council June 4, 2013 Page 61 of 65 people sitting on asphalt and it's a hundred degrees outside, the asphalt is 150 and you're going to tear that asphalt up, so -- so, that's the main reason for the cost. But it is based on engineering estimates. So, we hope it's a good number. Bird: We just had to see your smiling face tonight. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 10-C, budget amendment for the RV dump in the amount not to exceed 400,000. Bird: Second. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve Item 10-C. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. r, De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Ordinances A. Ordinance No. 13-1559: An Ordinance Amending fVleridian City Code 1-7-2 Qualifications; 1-7-6 Assignments of Department Liaisons; Duties and Perms; 1-7-7 Rules of Procedure for Public Hearings; and 1-7-8 President and Vice-President Qualifications De Weerd: Item 11 is our Ordinances. We have Ordinance 11-B, which is 11 -- or 13- 1559. Madam Clerk, will you, please, read this ordinance by title only. Jones: Thank you, Madam Mayor. An ordinance amending Title 1, Administration, Chapter 7, City Council, of the Meridian Code for the purpose of amending 1-7-2, qualifications, 1-7-6, assignment of department liaisons, limit and terms, 1-7-7, roles and procedure of public hearings and 1-7-8, president and vice-president of City Council and providing an effective date. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council June 4, 2013 Page 62 of 65 t Nary: Madam Mayor, I always appreciate Councilman Zaremba's scrutinizing eye of the written word and he noticed that in 1-7-6 that the title still says commissioners and he had previously asked to correct it, I thought we had corrected it, but it seems like it didn't get corrected in the current version. So, as long as the Council understands that it should say Council liaisons, instead of commissioners, we will submit a corrected copy for publication, but you can pass it tonight, as long as you know that's what it's supposed to say. And I have one more correction on the next one we can get to when you get to that one. De Weerd: Okay. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of Ordinance No. 13-1559 and Mayor to sign, Clerk to attest. Rountree: Second. Bird: With suspension of rules. Hoaglun: With suspension of rules. Rountree: Second agrees. De Weerd: I have a motion and a second to approve Item 11-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Ordinance No. 13-1560: An Ordinance of the City of Meridian Amending Title 1, Chapter 7, Section 1 of the Meridian Code Regarding the Number of City Council Seats De Weerd: 11-B is Ordinance 13-1560. Madam Clerk, will you read this by title only. Jones: Thank you, Madam Mayor. An ordinance amending Title 1, Chapter 7, Section 1, of the Meridian City Code regarding the number of City Council seats and providing an effective date. De Weerd: That was short. Mr. Nary. Meridian City Council June 4, 2013 Page 63 of 65 Nary: Yes. Madam Mayor, Members of the Council, on the sections we could amend by interlineation as part of your motion, 1-7-1, Section A, at the end of the sentence it should say -- it should read: Council members for a term of four years or until his or her successor is elected. We would add the words: Or her. And, then, in Section 4, the section will now read -- Council Member Zaremba was concerned that it might imply that we were adding eight people to the Council. God help us all if we did that. But six is what the actual number is. So, you would now have Section 4 would read: The 2013 election cycle shall be the time to expand the City Council from -- from four seats to six seats and, therefore, seat six will go on as written. So, it's just to make it clear that we were simply doing an expansion in this election cycle only for the two additional seats. De Weerd: Thank you for that clarification. Okay. Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of Ordinance No. 13-1560 with those minor clarifications and that the Mayor be authorized to sign and Clerk to attest and do this under suspension of rules. Rountree: Second. l De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future IVleeting 'topics De Weerd: Item 12 is under Future Meeting Topics. Any topics for future agendas? Okay. If there isn't any Iwould -- oh. Caleb. Hood: Madam Mayor, a little birdie told me that there was some interest in changing a fifth meeting -- joint meeting with the Planning and Zoning Commission from the 5th Tuesday in July. I just wanted to see if there was some interest in bypassing -- I know you haven't had a Tuesday off in awhile and now having a Tuesday off. It seems Idaho Power wouldn't mind rescheduling and see if they can come to a workshop in either July or August to have a workshop with the Planning and Zoning Commission and yourselves. I haven't checked the availability of the Commissioners yet, but just wanted to -- to see if that is a future topic you would like to do kind of as currently planned on Meridian City Council June 4, 2013 Page 64 of 65 the 15th day in July or we could try to work it into a workshop in July or August. Councilman Zaremba, I believe they reached out to you to try to schedule that and since then there has been some -- I don't know if it's concerns with calendaring and some were being out of town or just had a Tuesday off or whatever the case may be. But I wanted to just have some understanding before I reach out to them and try to reschedule. De Weerd: Thank you, Caleb. We appreciate you jumping up there, because I -- I was thinking, hum, I think there was something in there. I would propose, Council, that we look at August -- that workshop. July is packed full of budget and that sort of thing. Would that be amenable to pursue that with -- for the presentation, along with our Planning and Zoning Commission. Hoaglun: Madam Mayor, I'm good with the August time frame and I think if we did the Council workshop first and I know Planning and Zoning Commission, being volunteers and with jobs and whatnot, maybe we can do that at -- have a session after our regular session and -- if that's 5:00 o'clock or so and, then, do that, if -- depending on how much time they need and whatnot and what the schedule looks like, but possibly doing two different times, having Planning and Zoning Commission come after our regular meeting. Just a suggestion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think Blake was hoping to make it one presentation and not -- I was the one that suggested that it being a fifth Tuesday. He originally tried to schedule it for April, but, then, discovered that he was out of town and couldn't do it. So, that's why it was put off until July. But it makes sense to me that it would be a joint meeting with Planning and Zoning and I know in the past typically those have been the fifth Tuesday. If we can make it a joint meeting at another time I don't have any problem with that, but Blake has to agree and the Commission has to agree. A workshop works fine for me, but it may not work for -- Bird: Are we going to -- Hoaglun: Madam Mayor and Caleb, yeah, I would see if that's doable on that workshop in August. We can give it a try. If not, well, let us know. De Weerd: Okay. Perfect. If there is no further business in front of Council, I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. Meridian City Council June 4, 2013 Page 65 of 65 ~c~~ De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED At 9:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) v i t ~ rr° MAYOR ~ Y DE-~VEER® A TTI"'I'YT_ .. / / ~ DATE APPROVED ~'hanges to Agenda: None Item #9A: Knighthill (VAR-13.002) Application(s): Variance Size of property, existing zoning, and location: This site consists of 10 acres, is currently zoned C-G, and is located on the SWC of Chinden Boulevard and N. Linder Road. History: In 2009, Council denied an access variance to Chinden Boulevard for this property. Summary of Request: The applicant is requesting approval of a variance to allow one right-in/right-out access point to SH 20/26 for a commercial development. The proposed access is located approximately 725 feet west of the of the Linder/Chinden signalized intersection. For illustrative purposes, the applicant has submitted a concept plan depicting a neighborhood commercial development and the proposed Chinden Boulevard access point to the development. The concept plan approved with the annexation of the property prohibits access to Chinden Boulevard. In 2009, ITD supported the City's ordinance and denied the proposed access point. The applicant was required to submit an economic analysis and a new traffic study (consistent with ITD's new policies) to justify the new approach. Based on those submittals, ITD has approved the applicant's encroachment permit to access SH 20/26 and the ROW reduction. However, Staff is concerned that ITD has not considered the Linder/Chinden intersection design into their approval. The draft access management plan for SH 20/26 Corridor has identified this intersection as a high volume intersection. Staff believes adding an access point to SH 20/26 that close to the intersection would impact the traffic mobility on SH 20/26 and interfere with future roadway expansions planned for the intersection. Although ITD has approved the location for an access point, the City still retains the authority to restrict access to the site from the state highway. ~ . order to grant a variance, the Council needs to make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district. Staff is of the opinion that granting a variance would allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway. Recently, Council approved a variance request north of this property because access to that site was very limited. Physical constraints due to the topography in the area, the lack of interconnectivity with existing county development and channeling the majority of the commercial traffic through a residential neighborhood, were deciding factors for granting that approval. In 2009, Council denied the same variance request because the Knighthill site has access from Linder Road, Gertie Place and Everest Lane. Everest Lane (backage road) parallels SH 20/26 and connects to N. Long Lake Way; a signalized intersection at the half-mile, which is consistent with the UDC and the Comprehensive Plan. Staff believes these roadways can accommodate the amount of future traffic generated by the proposed development. 2. The variance relieves an undue hardship because of characteristics of the site. Because future access can be facilitated from the aforementioned roadways, staff is of the opinion there are no site characteristics that create an undue hardship; 3. The variance shall not be detrimental to the public health, safety, and welfare. Staff is of the opinion granting the subject variance could be detrimental to the public health, safety, or welfare by increasing the hazards associated with vehicles entering/exiting the site and merging with traffic travelling at high rates of speed on Chinden Boulevard. This intersection is classified as a high volume intersection and adding an access point to SH 20/26 that close to the intersection could impact traffic mobility on SH 20/26 and interfere with future roadway expansions planned for the intersection. Although ITD has stated they will ensure that the decal lane will remain intact with the design of the intersection, there are no specific plans for the intersection design or specified safety measures for the construction of the access. ,nce the proposed access is not consistent with the UDC, Comprehensive Plan and the Draft 20/26 Access Management Plan, Staff recommends denial of the subject variance application. Written Testimony: None outstanding Issues for City Council: Granting access that is not consistent with the UDC, Comprehensive Plan and the ,'aft 20/26 Access Management Plan. Notes: ~+em #9B: Pinebridge Subdivision (TEC-13.004) r Application(s): Time extension on the preliminary plat for Pinebridge Subdivision Size of property, existing zoning, and location: This site consists of approximately 100 acres, is currently zoned C-G, and is located south of Fairview, east of Locust Grove and north of Commercial Street. Summary of Request: This is the 3~d time extension requested for the subject preliminary plat. No final plats have been approved. Approval of the subject time extension will allow the applicant to proceed with the platting process. Since the preliminary plat was approved, some changes have been made to the City's Unified Development Code (UDC) that effect the development of this site as follows: 1) street light standards have changed; 2) a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure is required to be submitted prior to final plat signature; and 3) a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for a duration of two years is required. Outstanding Issue(s) for City Council: None Written Testimony: Dan Torfin (in agreement w/the staff report) Staff Recommendation: Approval conditioned upon the applicant comply with the aforementioned new code requirements Notes: ,cem #9C: Paramount Subdivision (MDA-13.010) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site is located south of Chinden between Linder & Meridian, north of McMillan and is currently zoned R-8, L-0, R-40 and C-G. Summary of Request: The applicant proposes and amendment to the existing DA, which currently restricts development to a certain number of building lots, common lots, dwelling units, and square footage of commercial space to remove specific numbers of each. The reason for the change is the initial application did not account for the annexed areas that were not preliminary platted or that were subsequently acquired and added to the project, nor changes made due to market changes. Therefore, the proposed modification deletes the referenced numbers and focuses on the allowed uses within the various zoning designations. Outstanding Issue(s) for City Council: None Written Testimony: Mike Wardle (in agreement w/the staff report) Staff Recommendation: Approval Notes: E' ~m #9E: Storey Park (SHP-13-001) Application(s): Short Plat Size of property, existing zoning, and location: This site consists of 18.81 acres, is currently zoned C-G, and is located on the southeast corner of E. Franklin Road and S. Main Street. Summary of Request: The applicant has applied for short plat approval of four (4) buildable lots on 18.81 acres of land in a C-G zoning district. Currently, the site is developed as a public park. Ancillary uses include the Chamber of Commerce, City well and overflow parking for the speedway. The applicant is proposing to plat the property to accomplish the following: 1) Clean-up the discrepancy with the Land and Water Conservation Fund (LWCF). Since the Chamber exists on the property and is not deemed an outdoor recreation a separate parcel must be created (Lot 1). Further, an additional lot needs to be created to ensure the acquisition of the Park's property meets the guidelines of the grant (Lot 2); 2) create the well lot (Lot 4) for Public Works and; 3) create a lot (Lot 3) for a possible land exchange between the City and the Meridian Speedway. All of the proposed lots conform to the C-G zoning district. Written testimony: Applicant is in agreement with the conditions of approval in the staff report. Outstanding Issue(s) for City Council: None Notes: f~'d('`i;7~`Yi%L' ~/fj/ l~ X117 June 4, 201 IT' A fVlA 13®009 ITEM TITLE: Developr~uryt Agreement for Approval: Walmart Overland/Stoddard Walmart Overland/Stoddcl~ ~~ Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddc~~ Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl fc~ ~I~ht (8) Feet Tall Pre-Cast Concrete MEETING NOTES ~~ Community It-r.r~7/r~erysentations Presenter Contact Info./Notes :,.l~~KS OFFICE FINAL ACTION ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 18 BOISE IDAHO 06/06113 11:43 AM RECORDEDCREQUESTOF I~~ ( I~ II~ (~~ ~~ ~~~ II~~ (~I ~~ Meridian Ciry 11 •Jc~~,~4~4 AMENDED AND RESTATED DEVELOPMEI~IT AGREEMENT PARTIES: 1. City of Meridian 2. Wal-Mart Real Estate Business Tntst, and Wal-Mart TRS, LLC, collectively, Owner/Developer THIS AMENDED AND RESTATED DEVELOPMENT AGREF~1vIF_,NT (this "Agreement"), is made and entered into this y day of < v ~_, 2013, by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Wal-Mart Real Estate Business Tr~rst and Wal-Mart TRS, LLC (collectively, "Owner/Developer'"). RECITALS A. On September 17, 2007, the City and James Prather, the original owner/ developer, entered into that certain Development Agreement, recorded on September 20, 2007 as Instrument Na. 107131597; as amended by First Amendment to Development Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records of Ada County, Idaho (collectively, th'e "Original Development Agreement") on real property more particularly described in the Original Development Agreement. B. On December 6, 2011, the City and Owner/Developer entered into that certain Amended and Restated Development Agreement, recorded on December 7, 2011 as Instrument No. 111099622, official records of Ada County, Idaho (the "Amended and Restated Development Agreement") on real property more particularly described in the Amended and Restated Development Agreement. C. The Amended and Restated Development Agreement superseded the Original Develapment Agreement for the subject property. This Agreement shall supersede the Amended and Restated Development Agreement. Upon recordation of this Agreement, the Amended and Restated Development Agreement shall be null and void and of no further force or effect for the subject property only. D. Ownei/Developer is currently the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property. The legal description of the Property attached as Exhibit A was prepared pursuant to a property botmdary adjustment approved by City (PBA-12-003) and recorded on May 11, 2012 as Instrument No. 112044809, official records of Ada County, Idaho. E. LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the OwnerlDevelapermake awritten commitment concerning the use or development of the subject Property. F. Owner/Developer's predecessor in interest submitted an application far annexation Wal-Mart Overland Stoddard MDA-r3-009 aszd. zoiun.g 4f the Property::r~quisfir-g a ~IesignAtion of G~G.{General Retail and ~e1CVIG~ Cciii?iercial District) •uadex.the UDC. :~; City l~~,exercised its statutoxy attthotxty:.by (he ~nacttYteixt of Seetion ~ 1.~5I3-3 cif the Unified Development Code ("~C"); whick~ attthoxizes d~veIo~it~;~nt ag~eExilepts upon khe ~n~xatlon ~rttUor ire-zoning of Iancl. ..: • O~vn~r/i~evelop~x #t~;ade repXesex-tatxons at ~o. public. hearing bef4~e. rho ~eiddi~n City ~ntmcil, as to.1?ow th~'subject proper{y will lie developed.. ~. City Courcoil, the 4~' day o~ dctober, 2p11, the.lV~erdi~it City Council a~p~gvecl cezfain 1?iridings of fact azAd,Coticlusions o~~,.aw:ai,YdX7ecision aid. Order ('.'k`ritl~ngs"), which lave ae~ziingorporatecl anta tEtls.~greei~ent. ~- ~l . Qwr~~r(Develop~r.subinitted an application fox~lo~ificat*ozx•ofthe Annepd~d az~cl Restated.~7evelopniient •A;g;~eenieint only to thaextent klaat ari eight-foot precast coiic~te ~'ertce would b~ izt~talied as close as practicable to ~~ existing .l~~a~ Cr'eelc Siitidvisioat t'ence alozt~ the soittfiet~, boundary of the;7~*ro~geirty:(the "Conerete It`ezice"): ~ Conceptual I~~n~.scape Plan attaoh~d hereto tis ~xhil~it C and xriad~ ':a.pai~t~kiexeof reflects the Concrete.l~e}ice near the.soiifliexi~ botiridaty a~'tlt~ K. The construction of iii~prove~tierits on tho Property is iu~,derway at the titno of tl~.ls A.gre~rrierit. Due tea time const•aints:iavolved in ardarit?~ an8 oonstruetng the Cotic~te F~t1ce; 4wuer/)~evelopar aiict G`ity ag~t°ee fi}-at a t~~apoXitry certificate of occi~iai~cy`ys+ill be issued by:~ity to. allow the occtiparicy'anQ.pernutted use of the Pxoperty:ftir a ternporary Iierio~ priorta conapletioii of installation of the Coric~•ete l~eiac.~..:. `: ~1G, OivnerlDeveloper deems it to be xrtifs best ~ztterest to be able to enter into this ~.~ceeniez~t and acknowledges that this Agteernezit was ~riterea into volunlaraly arid. at its urging and reciuest. - _ , iV~':. City ~ecluires the gwnexlDevelo~at to enter into A deYelopmerit agreement;fox.tl~e piit~ose;of~nsuirin~ that khe~?rolierty is developeC~..ant~ tie siibsequezit use of the ,Pra~~~ty is i~~ accordance with the terrrts and coixditiotis o~ this ,A,greencient, _: IvEpVV, "I<'IE~+R)1~ 1Ff11EtE, u1 considerAtigti of the coveiioaits.uttd conditions set Earth kiEi~ein, the parties agxe~ as. ~oilovys: . 1. ~P1C®l~i'O?~-`•j~'YfDIV Off' I~CI`~'; ~'l~at the above recirals_~.'e ~ontractual.dn~ biaiili~ig arxd ate xncoipq~ateci.lterean as if set foxtlx iti t'iill, 2: 1<DIE)~'lINT`I`)<t~I?1S: For all purposes of ~~i~ ~igreament t'he follbw3ng; words, terrt~,s, .and lihxases lxeren contained in tlis.se~tiori shall lie defined ~id:int$~areted as herein provided fox, unless:.the c~eai context of the pi~eseitatiori of the same rewires gtlzei~wise: 2.1 CI'TE'; _meaiiS and re#'exs to the City of. ~eridiap, n ptirty.to :this: Agreement, which is a znuricipat Co~p~i•~.tiorr wind govertuxaetit subdivision of the stflt~,:of Idaho, organized and existing liy virtue of law of the StAte o~ Zdaho, whose ad~l~ss i$ 33 mast ~~oaduvay ~venue,lVterldiati, Td#ho 8362. ~~.. VVaI-7v~urt Qti~~rlund Stoddard Mi?A=t3.0d9 - >~.2 QWNE1ft/1DE~li;~~~~: means and zefers to _Wal-Matt heal Estate ~uslness Trutt and V~'al Ma>c:t 5; ~;I,C, ~yhbs~:addresses col~ee~ive~y are 2001.5,1: `10~' Street', ~erltonville;Aikazxses 7271b; ~~party that awzis aid is.developlzig.suid.l'ropez~y and. shall include aiiy siibseque~,C ownez(s) or deveItipe.{s) of the >jrop~rty. . 2.3 ~~;®~'~1~'~"Y; zxlca~?as and refers to.that. certain parcel{s) of 1',~operty located in. than Cougty'of Ada: ~ty.of Ivferidazi as ~d®scbed in l~~hllixt .`attached hereto and by this refer lice incorporatieti herein ~s if scC forth at lei~gtEi. .. -. 3. S . S &'~TTET) B~' THTS :~,OIE~]EEN.lEN7~ 'plus Agreement slia~l vest the sight tq develop the ~ropei; ty itz accordance witli'flze terms and cbndltions of this ,4greeznent. 3.1'~"he z7ses allowed.purs~iant to this Agreement are ozzly those uses allowed in the approved C-Gzone iiiitl~r ~~:UI7C, e~cepl those prohabitecl belo~t in Section x:1,9. ~,2 A condititirial use perzi~it for a.drive-through pharxczacy as zip roved by. the lVXeridiarz )?fanning & Zoiung Com~i[asioli on Sepfe~iribex.l., 2Q11 is reca~nized as a conclitipztal use on thie Property, 3.3 No cfzAnge in the uses spepxl"~ed n'this Agreemerii shall be a7lowe>:i wathottt zriodihoatioriof't[zis A~ireet~i,ezif, 4. C~NT1]['I'TONS. C~`V1EEN~NG 11D7~'~>c.(1JPM~1Y~' ®~' STJBT.E(;T~'~20JP)~~T'St; A•.a pwz}er/Devefoiiez~ shall develop the 1'ropeirty irz accordance vyitn the foffowlrzg sgecaal conclitioias; - 1. All, utzure uses .ahall zzat involve. uses, aatiVitfes, pi:baess~; rriafez-ials, ei~ispzr~icnt and conditions of opera~iori that wall: be detritnentat to atiy' persa~zs, pzQ~exty or the general welfai~ by: reason of excessive production of :traffic; not§e, si~.otCe,'~iues, gyre or odors. ~~. iii: ~i1ttU:e developrrierit of the ~roli~Tty s}ialf caztiply:witii pity-af luzexicliarz . ordiriauces in ef=fect ak.the tizrze of development. ~, 'x'1ie C3wi?exLl7eyefoper shall be rasporlsable for all costs associated with sewez~ .:.::.: ..aria water service ~nstallatlon. r~. The pubiicstub- street (;~aslc~z Street) irt:Bear Creek S-ibdivisian along the soiitlx.~roperty bouriclar3' .shall not be eicferzded as:a.pizbtic sir iiotz-puYil(c.a#•eer itzto tiie Propelty, At zo tizxle shall. aorisfx~iiotion tea~£lc asst~cxiiteci`with. tha deveiopti`ierit of the Piroperty be allowed tti access this Propexty itsing Alaska . Street: is Access poizzts to/from the site.Ai.'e litnitect to these shown ott;ttle'eon~eptttal dev~foptrierif plan. attach~cl heXeto as E~ii~bit lg,antl by Chas t'efererci~ i~icotpoXated_k~ereirz, uYtloss othe~vuis~ restrlGtedlapprave~l by A~~J. Wal-Marc Overland Stoddard ~r1AA-13-009 ,. ~. ~; 1?rior to :issuane~ ~f the ~r$t. Ce~~tt~cate o~ ~cct~panGy for either of:tYze two pzpjiir~ties ~ott~ the east lioizndary, constiitct a multi-use: ~athw~,y;fibru the.. sidewaik'ort the stub stxeet atfih~ soiith~bpundaxy (~1~IC~ Street) aloiag ate east. side Qf the ~xapext~, ~azixsect~#rig tg the tiatl~lt±aq on the ICON Ci~ciit Ur»c~it`s%te tq Ovextand load: $ollaxds sha]I be placed at.th~ i;ztirance oi`theiiathivi~ay vt+hexa Alaslta Stt~eef terminates io prohibit vehicular access tailte pathway. Prior fio zssuabce oi'the ~8rtifiCate of Occupancy foF the largest btiildziag pad, COIl$ti.11Ct &~TIl1jCl^L1S~ pathway fxOIk~ Cite SOllth boUTldaTy Wltil7n the 5f.>iQet i]uffet' adjacept to S. Stoddard .k~oad along fihe w~sE,sde of fhe p~opakty to. tk~e' Ovetlatttl/St~ddaxd intexsectiott. Xn th$ interim of the pathway along the east boi~ndaiy. being co~sEructed, ~ pedestrian coiSnecti4n shall be:pxavided from. AlaslCa:St~~et flt t7le.sogth boundary. to the WaI~MA~rt site..aad i)verlatid Road as sliowi on:tl~e cijticeptuat ci~velopnerit'plaxt wit)a development.of fhe Iar~est b~ildAng dad; a,lant~sca~aE bif~or shall be installed along the sautliern boitridary w~.th. bertiiirig as, shawnori ~e coz~cepttia~ lendsca~pe plan in E~bit C. A pulilie.p~destria?i._ e~,sez~ept ~hal(.be recorcle~l for the:portions of the pathwtiys that lip :giltside of the i7glit::ol' :way dti tliesubject.pxoperty; a copy of saicl easeiiaierik shalib~ Sihititted t4 the Plan.nipg Departsxlent with the related ~~ 'l;'hie (?t?viYex/Aevelpp~r acc4rdat>Eee.iv~.tti 7:lIDC gtatidarils, except, t~at:j 10 feet. Arldtiozially, sktai! be dsti7tigijished i cciloreil oz scorecj Boric be .~oiie jiursuiiiiG to Ai ~. 8, Devcloptxi~nt of this ~' develalament plan (itt~ fhe site shall ioC excee izi .~ di~'~erif colgi~ tjiq ~~ xhe fi ~liaiice apiilication. l design arid. canstt~,ict the.mutti-ttse pathvraps in ~A~8 axi~.iq corijia~tioti kith the )?arks.i?eparttiaent's attiways. ate al~gwed.to be 8 feet itt Width, iastEad of the pathway(s) crcisses drive aisles;:tiie pathway(s) the;dxxvingsiirfaces through the rase of pavexs, or bricks:':Ad~y changes t~ these xegiairetxients cats 17 of this Agreement, ;ha11 lie r~s~alisible to obtain ~ Gei~ificate of Zoxting iriYt and a~iij_i~iistrative de~igit xevieW zn accaiziance - C.iri ~C ].t-3A=l 9 alad the gaideliz~es IisE~cl in the City ClUal, p~Ioi•:fo a~ xxe~w co,asixuctioti on the Pt~ppexty, ~perty shall be gen.exally consiste~,t Wjth t11e cgneEptual hed a.5 lE~b~t .~) 'Ttie I~rgest build"u~~ ~zoposed ot~ 1'10,OOQ:squai<e:i•eet ataa shQ~l laage lio><`lzotital ba~,tiinb ~r rtafierliil gt:fl~E side artctrear.elevations of the pzitertt of tjj~ :oiitlots depicted gn the oonceptaat ~~'ii~. accgrdance with the IJDC.appliGable at the time ng uses .~ltall be prohibited algtag the stiitthe~xl :half of this site: i'iiel r; biiildtng t~taterixal; gaxcie~ egiiipti~erit & su~ipi~es; ai-d vehicle: iq; Cox~stluet a 2~~ioot wide I~dseape buffet a19rig Qveiland react in accpxdaliCe wittx thu startda~ds ita Ui7C I1.:~B~7. ~. Wal-Mart Overland Slvddnrd MRA-13-Op9 ~~ ~:, Construct a ~O~foot wide °lartdscape litiffer.Along Stoddard ~aad in accorclanc~ v~ith the standards in UDC 1 ~-3B-7. ~I2, ~ At least ~ 60-foot wide separation zs regttired nlo><tg the southern Propez•ty bo~gtlaty. ~Jithin sand 60 feet. a 25~foot Wide ittndscape buffer shall be oa~siiuct~d. at. t1ie, sopth~ p~opexty.luie; then a drive azsie. ~.artdseape litt~fers sha11 tie ~esigiiedaiid ctirzstucta~.iti accorciatzce with UDC 11.~3B-9. __~.,, ~d ciase as;~r~otcablg to tYie.e~istirig Beam Cre~lt Subdiyisioit.fence a~oug the southei'n:bourzdary of tho pzoperty; ~a'gvade ati $ foot ta1~.Cancrete Fenau to assist in pzov~dirig ~ liu~£ei` to tk~ ~e~derts iri Bear.Cr~el4,~ubtlvsioii ita. addztzoza t6 tie landscsiiitig zecluzx'eznertt5 listed art 1h~C ~ ~ 3B 9C;] .~ a.rhtl i~. ~~~,~ Upon ;afisfaCYiozi of ail it~iplic~lil~ teii?s ~iad City regilirettie~ts (other than riiiitibe~ ~.~ inirxietlititely:abewe); City shait.ssue.a ttm~drary CerfiEicate of accupancy'f0. ~iia~-fhe ocoitpartdy.ari~ ~erinitteil use of,the ~opeztypiYOr to cgi»~tetiott.ci~insfal~atfon of t`~e Cdi-tcrefe Fence, Qwner/Develciper sha11 cozxtplete ins#al~at~ozt of the Concreie.~ence wltliip ziiriaty (9t)) days of issuance of the tetnporaFy _cer(if cite of .occi~iaiioy: ' :~1~. xlie Owner%Qeyeloper stall eoiiiply with all la>r?dscApitig staiid~trds desct7bed in UDC 11313_, including biit riot.ltttitecl to; CIDC l l-3B~8 witch aittlines the standards l'C-r parking lot landscaping:. ' ,l (,rt, Oyvner/17eveloper shall be xespousi6~E to install street Iight~ztg along the . project's frozttage oit W, Ov~tlatid Rotitt ands. Si~dr~ard ~taad i~ ac~ocd with the City's ~iproyetneiit Staiidai~~ls, jizxor tq occupancy of t'he first building or4 the site, °T7: Owner/Developer $~all recoz'~ ati.easez~n~i~t granting cross-access to the ~GQN Credit Union pxopei~ty at fie dok`thtasC cgrner oP the life (parcel ~t72$8QOOOp~-).:.A cgpy of said easei~iezit sha11 be $itUiiiitiecl.with the ;first C~rfi~cat~ o~'~iiiii~ Goi~ip~i~tiico app~ioalibr~ fortltis sit4. :~~ ~, C}y~rnight reGreatianal vehicle parlcinglcarnping :art the site is.~rohibited. 5, ID~F.c~[lLT/~~N~~;NT ~'O AJ~;A,lell,V~~i,~'X~N ANA ]f~~Elf~A:7C. Q)~+' ~~N1NG D~S~~I~IAr'~'dO~: ~:`( Acts:;of)Cle~au(t. )~itltexparty's fa~lure.lo failh#'ttXty concipay wlE~ ~1l cif the teirris,aitd ;condrtiozts included in this A,gCe~irtertt shall caris~itute default iiaid~r this ,~,gzeeiztent: 5;2l~gtlce ~-id Cure k'erivd. Xzi fire syent of OwnertUevelopec's default oi• this ,Agreement, Owtzer/f7evElgp~r shall have tYiizty,(30) days fi'6zn receipt o£ written notice ft'ozn City to 7nlttate com.menceznent Q f ration to cozrect the breach and cure the default, which action zhtisf be pipseciited with dfUgence and cotripiete~l wititii~ one huadre~l. ti~l~fy (1 $0) days; pz'ovi~ed, hpvievex, that irb the cash off' ~~ suclx default that carzziot with dilige>l?ce be ctti~ed withzr stela one hpriGired eighty'(180) daX period, than the time alh0uie~ to cure stiClt ftii~tire irttay be eacferzde~ for ~tiokl period as iiay be .~ wal-JV~ai~f Dv~rtand Stoddaid MDA-13-009 ~~ ztecessaxy t0 co~npl~te the curing of the stone with diligexlee ar-.d continuity. $:~.: ReirRieaies. ~ the event oi: as d~s~rifa~d. ~~: S~tiun 5.2, upon xeserves ail rights t0 r enfoxceable in the;~o~ OwiierlDeveloper, or p~ti•kies heeko, Ezcfori equity to secure tkae sj ariil ol?ligatious cants efault 6y QwriexlDevelaper that is riot ct~secl a~ter.riotice )Wnei'/.Deve);oper sli~ll be deemed to have cpniscniletl to .nt nn~ de=~iriexatiaz~ acid reversal of the zoii~i~ ~, Solely agttiztst the Qfi'ezdiiig portion of 1?xopei(:y: axtd all tipplicalile iauvs,:orciit~ipes arid.rules, iat:ltidiz~g any o Gaffe §§ b'7;.~~09 -acid 6'16511, Owtier/J~cvelaper ~hetheit a defat~ltiias.op~iiz~e~.' .'~fiis .l~;gceetnent shall_~e icial District CoiixE iii A;dta county.>iiy ext~er Clty ar Si.asox ax Successbcs. ~rj; tine orby ~I~e a.~sis of the ~iay be sought by`sii app~~oprlate actiozt at law ox xr~ ieir~vzrn.ance bf the coveriants;:agreenients, coxidibotls, b:~ 5.~1XBe]ay. ~. the event:the peir)'oz7nance of any covenant to be lae~oi~~ed l'tereunder by either Owx~ex/l~eveloliet~ ar City is delayed fox caused that axe l}eyorid tlie.ieasoztable `~Qlittgl of the party zesponsille for such, pei~orinance; wlazeli sljalliticlude, without ']iiiitatiaii; acts of civil disol~eciience, sE~ilte~ ox sicniifu causes, the.~itrie for suclx pexl=oxaiiatic~ shall be e~tetded liy rhe.airiotiint o~time of.~uch delay. 5,~ Waiver, ,~. waivEr by G~ty o~ any cl8faiiXt by Ownei/DEVelop~i~ of any one ox xxloa~e of filte. coyellauts Rr cond_i~ions hcxetil• shall apply soXely tq the dei'ault.tU4id dei'aults waived and shall neither barariy other rights dr reiriedies of City nor apply to anj+ subsequent ile~ault of any such. br other coyctiatits and conditions. 6. 4v~M~lv'~` FO]~ RECO.iCi.A~.'~`~~lV:. City sha11 record either.a.memorandutn. vl= this Agxe~~xt~trt or.this A.greerrtent, including all ot'th~.~~liubits; at, Clw~ex's(psvelop~r's.GO~.t, ~nd.suiirxiit pxoo . Q sitc iracoj~ding t0 Qwziex/Dcveloper; pziot• ~o tt~ ti~ud xeadiuag o~ the: Meptdxaxi 7,,pning Oxdiicance. iti connection with the•ado,ptoti oaths Agreement by the City Goacil'. 7. S~E~'~';.®~`~E~O~NC~; .'~.he City may also xecltti~e su~rety.bod~s; iprevocabXe letters o~ c~reclzt, ct}sh deposits, certified gheck ot~ iegiitiable bands, as:allgwecl uricler:ll~e~id~aa, City Code § 7.l 5 C, to rcasute tfiat:iicsEullation: of,tlic tmproyeci7.ents, which tije dwczer/,Deveioper~grees to prdvide; if required by the City.:. 8. ~~C~,~ ®F (~CCg3k"~~f CYI; :The Qwtier~Develdp~r agt~Ces that na Cei~Ga#es of Occupancy avil~ 6e issued fox auy 6riiltiaci~ site. dr parcel Uut-l atl in~pi~gydrtjeiits thereto,.r~ii~ed under this .Agteerrieiithave bEen installed, Gonr~p7Eted, aitd.~.cc~pted:by tiro Cit}i.;Tl~,e Ouvner/Develppex~ _iii.ay ;develop each pat'cel or building site as a separAte phase oi~~~ phases. 9. t~ItD~ GBH AIGx, Cites ~D]i~~,-~1; :`T~}at C)wtaer/~eveiopec' Agrees to alid~ by all ,. oxdinacices of the City of.~Sexidian u~ess;'gthErwise p~`oyld~d,by.l~is;l~greemexit. x0.: ~O~'ICI~S: A.ny }totice daSixed.by the parties and/or rectuixeci by this A~•ezmet> shall be tlgen~ed delivered if and when pez$or~~y tlelivercd ox tlu•ee (~) clays lifter de~psit itr tote ~Jriitett Sfiatcs Mail, xegisteced ox certified ,riciai; postagt, prepaid, r~tuxnreceipt re~iiestea, addre.~sed as follows: . 6Vn1-Mart_Overland $toddurd MpA-13-009 C~'~1': City Clerk City:of Meridian 33 ~. ~toadway ~1,ve, 1VXeridiari, ID 8~6~2 with a tb~y to: City ~ttoi~ey City of Meridian 3~ ~: l~xoaclway l~ventie, Suite 30$ ' . iVleri.dian, ID 83542 'VYa1=1VIar)`teal estate business Trust Wnl-lvlaiat TRS;-L~;C Sad. M. V~gIton. ~eveloprrAerxt ~oinplex 200J. S:E.14th Street; Iylail Stop 5~'1~ ~entonviIIe, .A:xZcarisAs `72`7a6N5574 ,A. party shall have t~xe c%gltt to Gliai~ge its addeess Uy dolivEr~ng do tha other party a written iaoti~ZCat~on. tlaexeo€inaccot~dancs wltii therequire~Etits of.this section. 1.1. AT'Y'4~E'~ + +E,~: Should ~iy ~idgatio~i bo ctim~rieit~~d $etween.tbe parties hereto concerning this A.greemei~t; the iii°eyfiiliriS p~-ty shall 1]e :ezititted, in addition to any other relief as .may be granted, to court casts aril reasonable atkQrney's ,fees as cletet'mined by a Gouxt of conapeteiat jurisdzctiott. `l'ids prtivisaan shall be deeix~.ect tci:iaea separate cai~t!'act betweara the parties And shall 'survive any default, ter.Exrinatidn orforfeitnze.of this .A~gi'eeme~t; 12. 7i'><l1~ XS ®]€+` T~ ES,SENG7G:..'I'lie parties heretci Aaiaxowledge arid. agree tl'tak Brno is shxcxly of the essence With:xespect to each aiid.'evB~y leiiti~; condition:aiid pravisian hereof, and flint the failure to timely perforiu any ot`:th~ obligaHoils; hereurittex shad constitute a breach of apd a default undei this ~~reem~zat by the other:.party so faliiag to pei~orm. ~3. I~~TD$~~ U~'~~ ~UCC~S~Q~S; This .A~ree~eiii~slaa~I be bindaug itpan and intu~e to the laerie~rt of Iho pat~ie5' irespectiv..e:Iteies, successQ~sassigas a~d.li~irsonal represeirtatives,including City's cor~oi~a#e authorities ~iac1 tlr~lr successolis 'office: This Agreement shall be binding on the ~winer%-eveio~er of the k~rvperty; each subsequent. o~irier and zany other p~rSon acquiring azt intexest in Clio Pi~•o~erty. NatIu~.g h~reiri shall zk; ~riy way pXeYezit salo or alieaationof the propErty, ox portions thereof, eitcetit tk~afi ar!y sale or alienataorshatE.be sl~bject to ~kte ~rovisiotas hereof and Arty successor ownei`.ox.ov;!~ers sl~al)'be.Yiotti bene~it~d.aricl. bpuiitl fiy tlla coaditiops cad resttxctions, het~ein expressed, :,City a~irees, ~rpoii ~vtictetrrequest of Ow~exlpeve~opex, tg ~xecpte appi-o~iziate and t~coxdabis evidence bf tez~ni~iation of hats A;greeic~.e~tG xi• :City, i~ Xts sole'and ~easoriable diScretiozz; determines that Qvrner/Developexhcs fiilly:per~o~xteZi ats oli~igatxgns under tl?is,.Agreen~.ent. X4, ~AUT'~ Td~ ,~,CT I~AS(~N~BT<:Y; U~,less. gtfterwisd e~tpressly provided, each pal.ty shall act re~asanably iir giving any consent, approval;'oz'talcirig a~iy other actiari under.this Agt~eefnBi~t. l5:. ~®®~'~~tA,~'~®~. ®p"I~~~ ~',~7.t~'~~: iin tl~E :evetxt bF icy leggy, ox.eg~iita6l~ fiction or other pxaeeedzng instituted by az~y t#airt! pt~xties (including A goveriirrrei~tal eitity;o~:of~clalj ah~tlezagi~ig`tla~'vaixdity of any jiroytston'of this .Agreement; the parties horoby.agrea ~o coQperafe in: dei"ez~ciirt$ such actoil or pxoceedin$s. Wnl-M~rt Overluncl 5todduixi MpA-13-p09 ] 6, ~~:1~ ~~.®'t~'Jf~~~1V: Jt` aniY provision of this `Agreement is he~.d'nOf valid by a co~•t of corrxpeteiit jurisdiction, such`prbvisioA ~i;all becleezned to bi3 ~~ecised froirz thzs Agxe~xnerit.aid tl~e invalidity thereo;F shall not affect aixy pf tli~ other pioyisions cnitairied l~ex~in: 1 fi.. F~IAL AG~2.EENN'~': '1'l?.is Agreeiiient sets forth all pi~otii_%sas, ixittuccme~ts, agraem~rits, Coniaitiozi and u~id~rsfazidrigs between Qwx~~xl~eveloper acid City.relativ~ to .the subject matter l~eze9f; iizid, tlele. ai~e:xiQ piornises, agreements, cotiditioxts~ or understazrdiiig, ~it~~r ara~ or wrltt~n, eX~pi~s oi~ intiplied,b~iy~~en~.O~vner/1~eveloper and City, other than as are sfated hezclt~. •~.ll ~Xhi6xts i.•eferericeti.lie;~ei~ri: axe ~ fieorpot~ted iri taus ~g~eenient as i£ set ~ortlx In ~ktll iricludzrig all text in#'o~`raatiq~t Xri tt~e ~ic~.ibits; except ~s hezexn.othexwise ~izovided, no subsegu~i~t alteration, atneindaient clialige tit ~d~itaon to this Agreenieiit shah be l~irieJirig u~on..tl~e ~axtxes hereto iirilass re~ucerl to vrxitin~ and s~giiett iiy tltetii..ot their successors in irit~rest or their assigns, and.ptusiiant, with i~~spectto ~`ity; to a diiIy adopted prdriarice br Xes4lufion of City, 17: ~1Q cbn~.tiori.gov~ming the rises mridLor:condiCigiris ggveriiing xe-xozung.of the subject P~ppe'ty. hete~ ~ixoyided l~ox can, tie modified. or=:artiezkded witb:ou~ the ftp~xavEil o~ the ..City Cbiin~ij ~ftei•`the~.Cit~ has co>adEicted.pyblic.hearii~g(s} iti.accordarice vdicix the notice provlsi~-~,s.~.royitlecl ~'p a.zotiing deszgnation.andlor aii~endriiet~t itt t'orce at'the tirrte of the proposed flmeticlment 18. ~.~ ~ , C7C1[V~ )f9ATl~ O]C' .~,.GJ1~+ E1V~'; This. ,A.greement shall be. e~feetive as trf fihe data this £u11y executed and notarized Agreeirient is rec4rdecl xzk. tide real poperty;~recoxds of ~.da ~ortnty, )idaho. :~ Wal-Mark.Ovariand Stoddarit MDA-13.009 IN WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as hereinabove provided. OWlo1ER/DEVELOPER: Wal-Mart Real Estate Bu~'ness Trust, a Delaware Statutory Tx-i s ~~ 'J t~ B y: ~ ~ Its: (,~ Wal-Mart TRS, LLC a Delaware limited liability company By: Wal-Ma eal Estate B siness Trust, a Delay re tat~}tory T t, t, its Sole Member B~ Its: S TATE O ~.~t, ~~.a.~ ) .~x -)ss. County of ~ ~„ YU CITY OF MERIDIAN: y _ ~ A ty Clerk C.. On this ~ _ f day of ~~;~ 013s befgre me, the undersigned, a Notary Public in and r s id~tate, p ~sonally a acedv,L~ ~ ~, ,known or identified to me to be the ~. , ~ ~ _ f Wal-Mart Real Estate Business Trust, who executed the instnulzen on behalf of Wal-Mart Real Estate Business Trust, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~~UttBltllill~~e Jae ~. • ge\on Nn, r?9 • ~ ,~, ~ • ®~ ~° NOTAp ~` °_ • Y `^ ~' e' o e "WW'" • 1 %e ~ s ` ~ N , 7 A R~~. ,'~ ~ ``~ P _ b~ vt~• Not ty Public far ., Resz mg at ~) t_.li 1~y f°'~. My commission expires:1~1~:?.~1_',1 ~. Wal-Mart Overland Stoddard MDA-13-009 q STATE OF ~ '~,.~~ .,y.-~' ) _ ) 5S, County of ~° % ,; ~,,, ) On this `''taw day of C"' r , 2 13, before me, the undersigned, a Notary Public in and for said State, personally ap ' at•ed '~ ~u~ t. . ~~„~, , i..) ~ ~ ~~ ~, ~` Wal- t TRS, LLC, a Delaware limited liability mpany, known or identified o me to be the ~ .~ -'of Wal-Mart TRS, LLC, the limited liability company that executed the i tru~nent, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNEySy~`~It~EOF, I have hereunto set my hand and affixed my official seal the day and year in,~~~~~+'6~ist above written, ,p'e•~onNo.~23•. ~,~, `e,~0 gQ'p •• ° ° .°. •~ pUBL~~' ~` ~~ ,~ 6 °~~~pires~,. ••~,~,. STATE OF 1DAH0 ) ss. County of Ada ) ~r ' 1 ,, Not Public for ` ~ ,.~ Residing at ~ ~ ~ . ~"~. My commission expires: ~~~~. ~~ ~f- On this ~ day of ~J ~UtQ _ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ ~~ ~~i ~wY ~ ~~ '~~ ~ ~,~ ~ , << ., ® Notary Public f r Idaho ®o ~ ~ ;~ ~ ~ Residing at ~(,( GQ,(~~, ~~ ® ~ ~ ~ ,~ ~ ~X~i res.' ~ ~~~~- 1 ~ ~ ,~o eke ~ ®~ ~~~.~~~~r~CS~®~ i ®tl~+~~~~ 10 Wal-Mart Overland Stoddard MDA-13-009 I'['A - _ Merldtan' SJ .State ®~P~rc~f i A pAtotil.pelpg a porllon.of the IOW'/,oi,lh0,~1~:Y of 8ectlon 24, Tawnshfp 3 North, Renga 1 West, Soise MaQdlali, Ada QoUnty; Idaho, antl more p~rilculariy descifbea e's follows: Corrtmenc[ng at a,bFaea cap rttonuriient,marklph the nodhwest corker of sold NW'/ of the.N~ *l, from. which o 516. Jnch dlamaler_ Trop pin. markingYhe 'sorithwost aomar of said NW 'J, o! the N>r % beard S 4°51'3° W a. dlsfarice of 1317;47 feet; Thetlo@ s p~s'13' W along the westerly boundary of Safd NW J of the N~ Y a dlslance of 87,67 foot to a paint; .Thehce 19avtng satd.westeiTyy boundary S 80°08'47" ~ a dlslance of s0,tip feet to a 8!8 loch diameter Iron pTr~ariiilfra P01NT 4F 6~~INNIN©; Thence N 4y'°41'64" N a dlstanco of 29,6Q feat to s 8!B Inoh diameter Iron pin on the southerly right•pF- , way of W, overland F2d,; .• Thence 5 8a°.AT1 T E along said soulharlY fight-oFtvay being 48.00 feet soulha f[y of and parallel to the nodheily boundary of said NW V of 1116 NE'/a a dtstariae of 818:88 feet to a $19 Inoh iliaineieriron plri; ' Thence leaving sald• soulhedy fight of v~ay 5 0°12'44' W a dlslance of 188.74 Teat fo a 518 (neh dleinater iron pfn; Thence g 08°4T17" P 8 distance of 439.18 feet io a @(0 inch dlamaler Iron pTn or) the easterly boundary of said NW l of Tile N~ Y; Thence S 0°44'18" W along saltl easterly boundary a dlstanae aP 44.51 feat to a 818 inch dlemeisr iron pto; Thence IadyTrtg s~(d easterly harinaery N 89°+t7'1t3" W a dlslance of 220.72 feet to a 5/B lnah diameter: Iron plq; Thehce s a°12'42' VV a dlslance of3s8,74 feet to a 5/e Inoh dlamaler Iron pin; Them ~:8a°47`16° ~ a dlstanco of 225.0@ feat to a 5!8 Inch dlametor iron p1n on tiro easterly boundary of selQ fyW?/+. aFihe N~ %;" Thenc6s o~44'15°:CN elonp said easterly boundary a dlslance of sa,@o feel to a s/e Inch dlarpela[Irgn p1q an ihir northerly htiUnAary of dear QreQk Subdtvislon No. 2 as shown iri, Boots 83 of hleis onrage 8186, reGOrds of mda Cdunty, tdehd; TheJica.TV 89°47'17° W atanq said norihedy goirndary and the protongaiton thersoF a dfsEarice'of 1280.8@ fern to a ;;1¢ Inch di8melerlron piri; Thence N 0°61'13". i= afong`a line being 30.00 feel:6astedy ofsnd parallel to the weste'dy boundary of said NIIiI'/, of the N~ Y, a distance of 885.61 feel to the NOWT pF Bt;GINNING; 'phis parcel cogllllna.lO.eA sores and 1§ subJsct to any easements oxlstirig o'r In use, >~~I L7~s~llotiai>i~; Mer~dlafi: (~) 5t~-re ~'= f~~rCef ~ A psfcal he{ng a portion ofihe NW'/, Oftita N~,% ate@¢tfon Z4; Township 3 Norttl; hAnga.l lNesl, eolse Meridign, Ada County, Idaho, and more naiiicularly described a$ Pollgwa; ~~ Cammencing at a 518 Inch diameter Iron p[gmerk-ng Rhe nblyha~st corner.of Sak1 NVV % ai the N~ 1a, frbrri which a ti~ess: osp monument marking' Ejrs notthwa6f;'corrier of said NW y of kilo NE v, bears N 89°~t7'17" W a dlsiance oP 1300.33 feel; '~hence.S.11°g4'1g' W along the easterly bouridarq of sgkl NW "/ oftha NE %. a d[siance of A8.00 feet to ~ point 5)8, Inch. dlameler Iron, piri:on the southerly right-of way of Overland Road; '~herjce N 8Q°4~'1~° W along Bald soulhedyright-af wny a distance of 219.15feet io a 918 Inch dlart~eter kao pin anditla POINT o~ BEGINNING; ` Tpeaee leaving salrl poglheriy right-oFway S o°4+i`15' W a distance of ~109.7~ test [o A 518 Inch dlameler Iron pin; Thepbe N A~'47`17" W..a dlsianda of 249.91 feel to a 818 inch dlnnl8lar Iron pin; 'fhonce N O''12'R4" tti a distattco of 408.74 feet to a 518 Inch dlettieler Iron pin on the southerly dghhof- way olovsriari~ Road; 7henca S e8°47'17° ~ a distance of 221;7$: feet to the POIpIT.or HkrGtNN1NC; 'fhls parcol_Gonlains 1.04 acres and is subJact to any easements existing or In.use, `~~aai~iiat~ Nleridl~n (S) sore ~ ~~rc'ef A parcel being a portion of Ihe.NW%.of tits Nt Y of 3ectlon 24, Township 3 North, Range 1 Walt, aolse Meridian, Ade County, Idaho; Arid rgore parlt4ulafiydesptl8ed as follours: bommenCing at a 5t8 inoh.dlanie(e~ Itori pin m~rking the northeast corn¢rof ~alU Ni(V'/ of the;NE ~/,, frgm which a .brass oap moriumen[ morking t1iA npfthwosl carver of said NvV %" of :the NE °/, 6ear$ . N 88°9T17" W a distance of 7308.43 fae1; 1'tlailce 3 o^4A'15^ W almig the eas;lody boulider7r.oF.satd NW % of the N1:'/a a dls(ance of 209.25 faQ(ta a;p.01nt5181nCii_~laifletariron pin aijd lhe.Po1NT.0~ 91_GINNtNG; '~Itence continuing along said easterly boundary S 0°44`-15".V1/ a dlsiance of 988:13 feet !o a 5/Q inch diamelerlr6n pin; Thence leaving said oasteriy bountlery N s9°aT1s" W a distance of 228.82 feol to a• 5!8 inch diameter lion pin; Thence N 0°12'42" E a distance of 19692 feel to a 5181rioh dlameier Iron pin; Thenga.S 88°47'18" E a distance of228,72 feet to iho pO1NTOF BEGINNING; ' This.parcal conialna 1:03 acras ant} Is subjedtio any easemants existing or In nee. Mt:ridPar~ (S} S~or~ .° Parcet 4 A parcel being a portion of lh~ IJVU 1" ofthe Nf;;Y, yf,Sectlon.24, Township 3 No(tlt; f~apge'I Wo56, 6oise Marldlari, Ada County, Idaho, nrid more parlfculedy desbrihetl as follows; Cornet@rticanq al d 5J8 inch diatnelet itpn pln.t~arlclrig the oodtteasl oorri~r oFSald NW'/a of iho N~ "/,trout Whloti a [erase cap monument :rriarlilrig the northwest comor of said NW 'l of the NE '/. bears N 89°47'17" 1(Va dlsfonce of 9309.33 feet; Thence 5 t)°44'15°. W ntong tht3 eas(edy boundary ofsald N1ltl Y of the.NE'/, a dlstnnce of487,36 feel. to ~ points/9 Inch diameter iron pin and the P91NTbP H~dINNIiVG; Thence cogljniiirsg slang said oasterty boundary S b°44'1$" W a dlgtance of 202,62 feel to a 'ile Inch diarneler Iron pfn; Thenoe.leaving said eastoriy boundary N S~J°4T1a" W a distance of 225,oti f'esl 9o a 518 inch dismelor irot4 pin: Thence N 0°92'42' 1= a dislAnce ot202.69 feet to a 516 Inch dianw~ter Ironpln; 7ilenGe 5 69°4~'1G" ~ a dlslanoe of 226.82 feet to the t?oINT 6~ ~~GtNNING; This parcel4oritalne .1,05 aar8s and Is sub)eci la any f+nsomerils exlslhtg ar lrl use. _ ~.= Meridlan`(SJ More ~» P~r~e! ~ A psroal being a pa(tlgn of.lha NNl^/, of the NE ~/. of 8aclion 9A, Township a North, Flange .1 HUast,l3oise Meridian, Ads Jaunty; Idaho, epd.more particularly described as tpllows; ~4n1m9ncing at a brass cap monuiri~ril rriatiring the.norihwes[ ~d et! of said NVU.Ya of the N~ 3n, from ~. . . wtrToh a 6t8 Inch tliameler boil p(n,marklag the soulhwosl comer of ~sald KVV Y, of the N~ 'J< baArs S G°51'13" VV A dlstarlca of~{317,A7.(eef; tireace t3 ~°81'13° W along the W@sl@tly boundary of said NW Y of the NE ~l g dfstet)ce of 87.07 foal to e point; Thence loaning Bald westerly boundary S 3B°09'47^ ~ a distance ofaOAg feat top 5I8.Inch diameter iron p1ri; Thence S.0°51'13A W elonglhe easterty.right-oFwey of 8taddard Roed ~ dis(Qnce pf 620,84 f66t to a 518 Inch diameter Iron pin rsnd the PDIjJ'h.QF BE~INfVINd; Thaclc~ oontlnuing S 0°81'13" W:along &.Ilpb being 30.Op feet easterly of slid paraRlel io the westerly kquri5ery o(sald NW Y, of the N~ %,'9 dlstanee of 18q;87 foot to a 5/8 inch diameter' Iron pin; Thepce N 09°4T1T W a dlstehce"ot 8.00 teal to s 8!e Inch diameter iron pin on lh9 easterly righi•o(rvay ofStoddard Ftoad; Thence N a°&1'13" ~ along said easterly right•efway d dlsfAnce of 184,87 tee( t4 a a/8 InCh Qlemalar iron pin: 7herica contlinQng along acrid easterly [i0ht:o[ why 8 09'x}7'17" ~ a distance of 5,0o teal to ilia pplNT oP BEOINNINa; Tli(s. p'arrsl cotrteins 0.oz acres and Is subjectto any easemonts exlsgng or In use, l I ~. 4 t ~ ~. z ~. ~~ p .~~~~~~~~'~ ~ ~sl~ ~ 1 • ,,. 1 i r ~ ~ ` ~ { ¢ ~ ~ a ~ ,. 3`:! ~: _ •~ A A~tuila .R~F1f ~-- { ~~ t _,. ' ,!~ ~ of ' ~ ° `' ao t ; ~. , y ~~„- ~ y rt. F i= , _ i Y~~ ~~. '' 9. i t d 1 i VVV ' , ~' !s : , ~~ .. 4 ~. ~ •. ~~ ~ __ ~ ~ ~'~.._~: ~XHIBI'~ B f 1 . +'7i~TiB~i'B Conceal De~veZopiiient 25ila~it .. - - - - -- ~ ..... PJaxt 4i 2 r-i~~'.~ ~ ity urt it tint between Ada County Highway district (ACHD), Meridian Rural Fire Protection District and the City of Meridian fob the Construction of Ten Mile Road at City Fire Station No. 2, 2401 N. Ten Mile Road iVIEETING NOTES Community Itc~trr/t-~r Lsentations Presenter Contact Info./Notes r :f .l ~{MKS OFFICE F/IVAL ACTION ~~~ ~<< v u it it tin for "Well 15b Test Well -Construction" for the Not-To-Exceed amount of $197,425.00 MEETING (VOTES Community Itfr--~l~ ~~ c~sentations Presenter Contact Info./Notes ~~'~_E ~f~KS OFFICE FIflIAL ACTION DATE: E-MAILED TO~SENT T~ ~ SENT TO NOTES INITIALS STAFF AGENCY Ap~LICANT d -_ B ® • a. 4% ~ =~ ~ ~~ ~~~ ®: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager Jacy Jones, Kyle Radek ate: 5/29/13 e: June 3`d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 3`d City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Post Drilling, Inc for "Well 15b Test Well" - Construction for the Not-To-Exceed amount of $197,425.00. This award is the result of formal IFB #PW-13-0707. F2ecommended Council Action: Approval of bid award and Agreement to Post Drilling, Inc. for the Not-To-Exceed amount of $'197,425.00 Thank you for your consideration. ® Page 1 -- - TO: Keith Watts Flt®M: Kyle Radek D.~TE: ,~iL~S~ ~~ /,.~'~ SUBJECT: Project Information; Well B Test Well Construction 1. UEPAItTMENT CONTACT PERS®NS 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. Back rg ound, Well 15 was constructed in 1993. An evaluation of the well was completed earlier this year. The evaluation indicated that the well was approaching the end of its useful life. As we have done recently at Well 10 and Well 16, we are immediately preparing for the replacement of this important water source at the same site. B. Proposed Project This project involves drilling a new test well at the current Well 15 site. The test well will determine the depth where the best water chemistry can be accessed for a new production welt. III, IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/DeliveryIrnpact; The Water Division of Public Works, in a continuing effort to provide high quality potable water and fire protection to the citizens of Meridian, has identified the need to prepare for replacement of Well 15. Well 15B will be located on the same site as the current Well 15. Page 1 of 2 Fiscal Impacts: Proposed Construction Cost (3490-96116) Budgeted Am~~~rit Available Approved for Council Agenda !'149(1_9(1 1 Fil $197,425.00 $207,600,00 z l3 D to Page 2 of 2 AGREEMENT FCR INDEPENDENT C{~NTRACTC~R SERVICES (WELL 15R TEST WELL - CnNSTRUCTION) PROJECT 0707 TMIS AGI~EE~AENT FCR INDEPENDENT CONTRACTOR SERVICES is made this ~ day of June, 2013; and entered into by and between the City of Meridian, a muni ipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue: Meridian; Idaho 83642, and Post Drilling. Inc , hereinafter referred to as "CONTRACTOR", whose business address is P O Box 588. Weiser, ID 83672 and whose Public Works Contractor License # is C-.13426-C-4. INTRODUCTI®N Whereas, the City has a need for services involving WELL 15B TEST WELL - CONSTRUCTION: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services: NOW, THEREFORE, in consideration of the mutual promises. covenants; terms and conditions hereinafter contained; the parties agree as follows; TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects; as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference; together with any amendments that may be agreed to in writing by the parties. ~ .2 All documents, drawings and written work product prepared or produced by the Gontractor under this Agreement, including without limitation electronic data files, are the property of the Contractor, provided, however, the City shall have the right to reproduce, publish and use all such work: or any part thereof; in any manner and far any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same; except that, as to any work which is copyrighted by the Contractor; the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances; regulations and resolutions. The Contractor WELL 156 TEST WELL -CONSTRUCTION page 1 of 10 Project 0707 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement; Contractor makes no other warranties, either express or implied; as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Conslderatlon 2.1 The Contractor shall becompensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $197,425.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the Gity any additional consideration; compensation, salary, wages; or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work; (b) September 30; 2013 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELL 15B TEST WELL -CONSTRUCTION page 2 of 10 Project 0707 3.~ Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty {30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. T'erminatlon: 4.1 If, through any cause; CONTRACTOR, its officers; employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement. violates any of the covenants; agreements; or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement; engages in fraud; dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement; CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to WELL 15B TEST WELL -CONSTRUCTION page 3 of 10 Project 0707 bind or incur any obligation on behalf of the City. The selection and designation of ~ the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor; its agents; officers; and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and; except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indernnlflcatl®n and Insurance: S.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages; or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out af, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain throughout the term of this Agreement. liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1;000;000) per incident or occurrence; Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required bylaw.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY: and if CITY becomes liable for an amount in excess of the insurance limits, herein provided; CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs; including litigation costs and attorneys' fees, arising out of, resulting from , ar in connection with the performance of this Agreement by the Contractor or Contractor's officers; employs, agents; representatives or subcontractors and resulting in or attributable to personal injury: death, or damage or destruction to tangible or intangible property. including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing wELL 15B TEST WELL -CONSTRUCTION page 4 of 10 Project 0707 Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue. Meridian. Idaho 83642. 6.2 Any deductibles; self-insured retention. or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract. Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance orself-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. ®nds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications ~ Drawings to the ISPWC, which by this reference are made a part hereof. 9. N®tices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows; CITY CONTRACTOR City of Meridian POST DRILLING, INC Purchasing Manager Attn: Sherry Young; Vice President 33 E Broadway Ave P O Box 588 Meridian, ID 83642 Weiser, ID 83672 208-888-4433 Phone; 208-585-3411 Email: postdrilling@mail.com Idaho Public Works License #C-13426-C-4 wELL 15B TEST wELL -CONSTRUCTION page 5 of 10 Project 0707 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees; Should any litigation be commenced between the parties hereto concerning this Agreement; the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competentjurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Tune Is of the seance: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under: this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto; that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. ~ 13. Discrimination Prohibited: In performing the Work required herein; CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law; rule or regulation against any person on the basis of race, color, religion; sex; national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require; there shall be furnished to the CITY such statements. records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all Writings; documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections; At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, WELL 15B TEST WELL -CONSTRUCTION page 6 of 10 Project 0707 invoices, materials: payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of aterial: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports; data or other materials prepared under this Agreement. 17. Compliance with Laves: In performing the scope of work required hereunder. CONTRACTOR shall comply with all applicable laws; ordinances, and codes of Federal, State; and local governments. 18. Changes: The CITY may, from time to time; request changes in the Scope of Work to be performed hereunder. Such changes; including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR; shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability, If any part of this Agreement is held to be invalid or unenforceable: such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of efault: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney; Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written. whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence; The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition; the CITY will not accept a legend or statement on one (1) page that all; or substantially all, of the document is exempt WELL 156 TEST WELL -CONSTRUCTION page 7 of 10 Project 0707 from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages; losses, expenses; actions; attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims far damages caused by any such release. 25. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho; and the ordinances of the City of Meridian. 26. Approval Required This Agreement shall not became effective or binding until approved by the City of Meridian. 27. CITY OF ~AERIDIAN P®ST DRILLING, IIVC f TAMMY de W~ D. MAYOR SHERRY YOUNG; ~ i e Presiden Dated: ~JU~~~. ~ , ~~i ~ Dated: m ~ _ Approved by Council. ~-~ Attest: JA ;-CITY CLERK ~~%' QQ~yp,'t~A.1tl~,~sr ~~ ~._____ f9ow City of E IDIAN~-- a IDAHO 9 ~~f ~+T. q T ~ti4. T~~ c< <A e T R E A S~~daP purchasing Approval BY: KEITH. - TTS, urchasmg Manager Dated;: '~' _ R- / ~ WELL 15B TEST WELL - C~NSTRUCTI~N page 8 of 10 Project 0707 Attachment A ~ F K I VIT °TI T I ®1®0707 lJ H T N HI IT' inclu a in the Inuit in t i a s ®1 , are y ti r r n art r . WELL 158 TEST WELL -CONSTRUCTION page 9 of 10 Project 0707 Attachment B MILESTONE /PAYMENT SCHE®ULE A. Total and complete compensation for this Agreement shall not exceed $197,425.00. I~RICIf~C ~CF~~~UL Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 15B TEST WELL -CONSTRUCTION per IFB PW-13-0707 CONTRACT TOTAL ....................... X197,425.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. did Styhedule Item No. Descri tion Quantit Unit Unit Price 1 Mobilization 1 LS 12,000 2 16-inch drilling 37 LF 6,475 3 12-inch steel casing 40 LF 1,920 4 12-inch hardened driveshoe 1 LS 350 S 12-inch drilling 813 LF 93,495 6 2-inch PVC well screen 235 LF 1,880 7 2-inch PVC casing 5,015 LF 35,105 8 Sand Filter CY 7.5 1,900 9 Bentonite chip seal CY 1.8 3,200 10 Bentonite Grout Seal CY 7.8 7,800 11 Cement Grout Seal CY 2.0 2,000 12 Owner Requested Site Work with Rig HR 24 6,000 13 Owner Requested Site Work without Rig HR 24 4,800 14 Cable-Tool Rig Mobilization LS 1 1,500 15 Well Development with Rig HR 40 9,000 16 Well Development without Rig HR 40 8,000 17 Well Development Chemical Gal 5 500 18 Erosion and Sediment Control Plan and Implementation LS 1 1,500 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 156 TEST WELL -CONSTRUCTION page 10 of 10 Project 0707 `,V ,; :: a ~;'y ity until tin Final Plat consisting of 35 s~~gle-family residentialbuilding lots and 2 common/other lots on 12.5 acres of land in ah R-8 zoning district by SCS Brighton LLC - n/o W. McMillan Road and e/o N. Linder Road MEETING NOTES ~.~ Community I~e~r~~j~~~~entations Presenter Contact Info./Notes (~~,~"i~KS OFFICE FINAL ACTION E-MAILED TO SENT TC3 SENT TO DATE: STAFF AGENCY l~PPLICANT NOTES INITIALS T :June 4, 2013 I 6 DATE: I E_MSTAFF TO I AGENCOY APPL CANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06/06/13 11:43 AM RECORDED~CREQUESTOF 'I~I I~ I~~ ~ I~ I~ ~I~~~~ ~~ III Meridian City 11 ~~E,~~~# _=~S FIRST ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Heartland Homes, LLC Owner/Developer THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of ~~~1~ , 2012, ("FIRST ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Heartland Homes, LLC, an Idaho limited liability company whose address is 2358 S. Titanium Place, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded on November 30, 2006 in the real property records of Ada County as Instalment No. 106187188 ("DEVELOPMENT AGREEMENT") on the parcel of property as described in Exhibit A. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: Section 4 -Uses Permitted by this Agreement of the Development Agreement shall be amended as follows: Construction and development of a single family development consisting of 104 single family residential lots attd 12 common lots 1n. mz~ R-IS zone on 21.45 acres. Section 5 -Conditions Governing Development of Subject Property of the Development Agreement shall be amended as follows: 5.1.9 Tltat tlae Ownet/Developer agrees to provide mnertlties ott this site as depicted on the revised prelirninaty plat dated October I5, 2012 and as in the landscape plmz attached as Exhibit A; 5.1.10 Replace 116 buildable lots with704single family buildable lots; Canterbm•y Commons MDA-12-005 Page 1 5.1.11 Delete this provision as it is rto longer applicable; 5.1.12 Add if required by VRT at the end of the provision; 5.1.13 All future homes constructed on the site shall substantially comply with the elevations shown in Exhibit A. The applicmrt shall receive Plarming Departrrzerzt approval for the fixture pontes prior- to obtaining bzrildirzg permits. The proposed elevati~orzs shall be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Shnilar building materials and a nzix of nrater-ials shall be incorporated into all sides of the future homes. Architectrual details shall be incorporated into the overall design of the home orz the side and rear facades that face a public street arzd connnorz open space. Add the following new DA provisions: 5.1.14 The applicant shall complete r-enzaining sidewalk and all of the street lighting along Pirze Avenue with the first phase of development. A Temporary asphalt sidewalk is allowed to abut the Eight Mile Lateral until Phase 3. At the time the Pine Avenue improvements are cotrzpleted witTz Phase 3, the temporary asphalt sidewalk ntrxst be removed and permanent sidewalk must be constructed by applicant. S. L 15 Lot 26, Block 1 shall be held in perpetuity for the consh-trction of a City pathway. Said lot shall be developed with six (6) trees artd sod until such tune as the pathway is constructed. If a Cit)~ pathway is not constructed on said tot, it shall remain landscaped as required. The required landscape improvements must be installed with Phase 3. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum and the Project Site shall be subject to de-annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this First Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum. 3. If any provision of this First Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this First Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This First Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this First Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ot•dinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. Canterbury Commons MDA-12-005 Page 2 5. This First Addendum shall be effective as of the date herein above written. 6. Except as amended by this First Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN Ey: Mayor T y de Weerd STATE OF IDAHO, ) ): ss County of Ada ) ATTEST: On this day of ~ tA:n~ , 201,x, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~+~ ~. 1 guct~ ~/' ,known or identified to me to be the I~Anq $/' of Heartland Homes, LLC and acknowledged to me that he executed the same with au ority on behalf of Heartland Homes, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . ~;.~`. (SEAL) ~ 1`'' ~ ~- ~`~;~ t;' ~1 1 ~ • Canterbury Corgi ~ m~ ~ ~+.`~, :ti1,~~ ~ ~, ~~ c; ~Rt..,.~..~ °~'~~ ~-~ d Notary Public fox Idaho Page 3 OWNER/DEVELOPER: Residing at: o ~'~ e My Commission Expires: d3 STATE OF IDAHO ) SS County of Ada ) /~ ~ 3 On this 1 ~ day of ~ ~~_. , 201, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~ P~ ® , ~w o~,e ®® °..m® ~® ®®®®®®~® Notary Public fo Idaho Residing at: ~~~ (~,~-Q-~, ~/~ Commission expires: ~S-~?~~•-(cam Canterbury Commons MDA-12-005 Page 4 0650-699-BOZ ZOZI-OCZ-BOZ 8599-566-90Z ~HdO~ 'AlN(10~ VaV NV141213W j0 )<11~ ~ ~ ~ y=~'~ s19re al'3~~ aaoldLlL4~o3 Ot89 3rnew~NVi~uns~esci ~W~9 ''Ml'?J ''N~'1 't l N011~3S 4~ {i ~~, 'NO SN31VMgV3H Q99 5 Y13NfiIN G\MO M^~!~^17 Il^^$ 33lNH.ONB NNVHS 1Vld 1~bVNiWll3bd ~ ~? •^ 1Pysd~y ONN33f.i0t13-MO {Udwd60W1{ aDiS4Pa8 S3h0/{ ONY11NY3N . -= - - . ,_ - i ~ ~ ~ , N33Ni0t1 Ob '00 N3NIMd NM,O N3dOl3l30 - - ~ - ~ ~ ~ . - ~ N o ~ ~ j ~rI~ y /7 V. i; .$ ~ i° 2 L° N 3. 3 ~'~ o~ ape<4~ psso '`^ i ~ ;a~~~ ` NW ~ o,o _ S~~Aas ¢ o5g ~pH~so€~o 3102 B-H rm .lwyxem 1 sn.wi o. I I(' ~~~.~~Y 1 I M dYAS - I R:~, p Ea p O O O OI O ® © p p I I I ' ~ L - - ® ® ~ §..~~{{Eii 1 y { 9 O s.~a~ = _ `, rnmmur ~ \ ~ O y O O ® a O I i ~e ... . O ~ O ~ - - . - ® p I i$ - - _ ~C 2 © ~ I Sc O -_ - _ er I ® O ~' p i ~q VO i O ~ - O ( o - ~®_ ~~ 12 ~. ,a,~ x O ~ w ~~ ,~ ~ I ® _... ~ O I p - ® x~I I ® I _. I p O O O O O ~ ~___ ~. :. ~ 1 I ' O __.._ _ _ - O - I II ~ -, ,~ o ~ f - - ~ Iii W _ _ ~ ___._ _- - i o « ` - - ~~ I ~ - O _ I ~ o o ® ® ~~` _ .-. V I _ O _.._ p /'' I ~ ~ ~ o 1 j J 1 ~x-, I ~ W I ' ~ ~ ~.~ ~ i W 4 ~ . ~p /3 g'6cr' o f o t 1, ~} ~~ ~ ti z, / ~ ~ b 3 I /' .. 1 W ' 3NOZ 0-J ', mza tL o°-°1 4 a=a 0 ffi~-~ o W a t. a¢ ~ °o° d sua ~, ObSC-fi99-90Z ZOZI-OtZ-80Z 8598-569-90Z ~Nbal 'J,1Nf10~ t/aV NVIaIb3W ~~ ,11~ " J , a • ~ ~ 919f8 01 '31OV3 btLfB 01 'aslop Z49f8 01 'trYlOlg3h " $ ~' ~ '80 5831YklItl3H 09B mold II!4a:o7 0193 70VId VYOI;Nlil 'S BSfZ W 8 ,.~~ ~ ~~ r NC~l ' l l N011~3S ° -, :..®,,s ' V13HHIM arHO M~ti,or+ uo~s 73iwxoaa r+.evHS NVId 3dV~SaNVI - ldld J.?JVNIWIl321d ~ ~ ~.: , y~yyN BNI833NIOY3-NO luawatiouo~ aP!541x+N S3M1OH ONtllltiV3H --- . , -- :. - -- - ~ N ~ : 5 b 3NI 7 lOYlti ~ N NIMd ?1 NN a d073A3 ~ _ .. ~ , - _ _ _ - .- , 0 3 c a B ' _ -_ _. _ _. .. _ _. _ --'. t~ I I ~ O z zl~ 1~3HS ~NI~H~ityW O LL ~® I® ~ R ®®®®®®® ~ ®® ®~®®®®®I®®® ®®®t®~I~®® `i n __ _ ' I'I-1 133HS 3NIlH~iV"W ~a m 1{ ~ ~ m W ..-._ , ,i - .- -.-_ -_ -- _- ~ ~~W III ' ~s~- i _ ~,,,,tt ~r ~_ ZN~OlB :, ~ ~aV` -- - , ~ ~ ~ ~G 3'~ R~9 N N O yU~ I \ ~ O N ~' _ . I - --_ -_ N ~/~ i 1 / ® ~ , / ___ _. ' :-~ ,- ~a ~. p~yii 0 W t ~`~ g O -- ~ /~ W ® W ~ ~ F®1 Q ®a ~ -~' ~ 9 - ~ ~ ~, ~ ~ ri Nii :_ o ~ ~ ~ U ® W !~ I ~ s~ ~/ m ~ ~~a .' ~ . E+ "; n ~ 1 _ ._ .- ---. , o~ I ~ ~ W a\y~ 4 i ( ~ ~ z Q\ ' :. / o J~ N ~6 _ o ~' ~ ~~ ~' ~ ~ ~~ x , ~ ~~~ ~i ~ ~ ~ P I ~ " ~ Q~ Q 1 x ~ P~ W ~ ~ + ~ ,~ ~ OJQ~ z ~ i ~ s~ ' _' ~ ~o,~~ ~~~~ nom. _ ~ ', , ~ W Ifs ~ U ' . ~ ~- ~ a O A ¢~ ~ J o ~ / r / ._J'/ N. GRAY CLOUD WqY } gao ~ ow o r Q ~r~ ~, ~ u ~~~,y a0 "V~ ~ as o ¢ ~NOZ ~-~ a =~> A p°' ~ fl :,,~s,,~,. . i~sd osAO-ssa-soz 919ffl 01 '319V3 '80 S871tlMOV]p 09A ~n]anlN orN] 9~\Ia33N19113-NJ H 3NION zozraz-eaz blLfB 01 'as}o9 a~ald tC4~!ai O{A9 ~a,u,ou twos luawa6nuoh aPiS47~td 10Y1ND] N3N d asaa-sea-aoz Z49£a Qi 'N`ROIa?/i 3]Vid 19lliNYlll 'S BSfZ ]nnuAan N,utlds S3iY0H OtIVIliN3H 3NU0 83dO13A3 OHVNI `,11N(10~ VaV `NVIQR33W d0 1,L1~ 'W 8 ` ~ ~ d ` N~ 1 ~ ~ NN~LJ3S NVId 3dd~SaNVI - ldld 1,2JVNIWI1321d .--. .--.- -;- --- ~ - ~ - ~ ~ ~ - - - - - - - - ~ ~ ° n t, i ,':~,I I-°°~~ ' ~k W a g ® 3~iVNN3O0 N ~ aaa ~ °°w ~Q ~YW "W ' - J g ~..6 ~ l ~'VO~ ~ C.J ~ ° Z ONNOIS/~t/O9nS,(b'O7:7JN/Nb'OlN ® ~ ° ® d z°n %/ ^ ~86S16 ^ ~ / - - - '\( } ~ ® -n ~ ~ ¢~ ^ `~ - ~, eg n; ~ ^ } ~: M O ~® I, ~s ~ ~ O O O ~ ® C ~ ~ ® =W w __--- - - - a< - aq -+ - v~ '3AV213NDf11S'N ® s ~° ~~ O m _ ___ _--- _ -_ --- - 1 0 ^J 1 O O O CO ; ~h O i w~ ~ ~' o ® a w~ ~ z H a, ~I. Y o ~ a~P ' 1O m O . - _ ~ ®®[-1 _ ~ r _ ® ~a~ ~ ~ '/ s ~ H } ~ W 1 ~ - ^ a U O - -- -- -- -- ~ .- ~ - - = °° ~ ~ ~~ E ~ ¢ ~/ ~ ~ ® ~ ~ O ~~ ~ 9 ^ ~ $~ 0 0 0 ~ _ ta as ~..- • ~, ~ e ~ Pa as 'ee~ ~ o, - :. - \ - - _ ~ g~ ~ <.. ~ \ ;~ 1 '3hV3~0~N3I~VH'N ~b \ , I iV _ - : . -- _ . ~-:, .. ~ i ~- S ~ ~ e ~ 1 a-. - - - - - - -- O $d ~ 9 ~ ~., ® m } xi O ' O r1 h m . ~ - c~ l i ^ w lz ®l= ~. J ' ~ ~ a®a J - ~^L J W _ P~ 1 - - - -- - _ _ - - - - -- - - ~~ O R O ~ ,- m } _.. ® J -- - r 1® ~; - ~ _ - _ - - ® 1 G II ~~ Z --- - - - -- 0 o tll 13~HS 3NI~H~IVW „~ ~, -. - _. _ _- ,¢~ I'l'1 133HS 3NI~H~LVW '. ~ ^ O ~~ 1 ~ ~ O µ v v ~° ® 1 m } ~. " `~ OG59-698-80Z Z9Zl-Ofl-BOZ SS88-S68-HOZ ~NVai ',11Nf10~ VaN 'Ntt1012f3W 30 ,Ui3 ~ (_~ ,,v~^ ., 9I9L801'319tl3 a,oa~irv~ol3oias 3and6v9immNalusssci •W•8 '•Ml'2l ''N~•1 'll N011~3S g~ a € ~ $ as sadYVU~ov3N Q99 :,~5,~'a` VL3aNiN avNO ~oti,otr Moos 33iNMOae Ntituas N1+ld 3db~S4NVl - 1Vld 1,bVNIWi13ad tv ~ ~s OY,Ia33N,9213-A8 luawa6ouoh aD!541~N S3iYON O4V11a73N --- - - -- ' 3&3 Ni9VV3 tl1N0~ a3Nt(tl d a3NkA a3dOl3A3Q -- '- ~ •• '~ '. ~- ~ ~ a g Y ye~gGm ® P ~g ~ azDw ® a~ o~g `~ B , F p ® M„8f,66o0S ~~ ~~o z~- . -T--- - ®~ ® ~ _ a °o= ® ~ i a acv ~ ~ ' O M O O O ~~ :. t U x . .. m4 ® ~ O Y ~ n ® ~ O m 1 Lg _ - - _. _. _ - _.. .__. ___. N ~. _ I < ... _•..~ I N I u N r . V w vo e ®® x. M ~ i ~=~m p ~~'~ N 1 - c _ _. _.. ._. n $ ® 4' Y~ ~ ~'I ~ = A p ~o~E ~ ~ ~ a x ~ ~' ~ -- ___ - O D ~ ,gig ~ Q ~~ ~ ~ %. ~ ~H~ ___ _ _ _ ~ W~ w ~~A __ 0.~ -- ~ z al rl z~ ~a~~ - -_ . _ I ® ~` Z ~ ®o i _ _ _ - x 1 J ®WC~W a __ _ I ~ O - :i~ ® ' M 1 ~ ~ ~ U ® ~ _ ~ I 1co w~ 1 ~'p ~ 1 \\ ~ , + O \a. B~ I .. ® ^ ,~I N ® ~ `J 1 N ~®~ + \ O w ® ~ s~ 1 ® ~ ° ~ \ g i z ®z S ~ ~ _®_ ~ ~ - t~~~l a®a ~ ®~ \ ~~ ~5"rP ® ~ r / . ,~5 a \ J ~• ~ ~ ~ ®- . ,, ~ .~: ~ w ® N ~ Q ® O - ,,~ U ® ~ OR ® i ~O z c _ : e~ ~ w e ~ /" z 0 ~' ~ '1~.1~ I `. Vy J '~ , ~' 0590-69B-A9z 9t9fA 01 '310V3 ZoZI-0£a-ADZ 4lL£8 01 'ayng ASAA-56A-A~z Z49C8 O7 'N`AOIa3Y1 oHVai 'uNno~ vav `NVloiv3w ~o u~o ' ` ~ ~ ~ ~ v/ ' 'a0 Sa31V,4AV3N 098 mold IC4~!af Ot89 30Vid iYN!tNlll 'S BSfZ w 8 Nll ~ 'N£'1 t l N01~3S ° _ -" ~.,®, ~ ~ v~3aNIH o4Aa :laL!~aN uo~s 331N,xoao NMn{s Ntrld 3dd~SONVI - 1Vld A21VN1WIl3~id tv , tac+~6 011a33N10N3-NO luawabow~ ap;SyUoy S3Li0H ONtl11aV3N a33NI0t13 lOV ;0 NtMd a]Nx a a013A30 .. .. .. . , o _ ~ sw ~' ppw ~U~ :,o i W6 o . ~, ~R ~ Y~ ~E ~ R~k z V n •- •. ___ l zx L _- - ` / \ ~ 1 =°a _. _. _.. .. ... P i ar ~ ^.N of ... w ' \ .. ~.p \ i U x~~ ~ -- - - v W Q ~~ __ _- -__ - = w~ n a <e - _- _- < <o .. w ~_ - -_ a - - - w ,n- -- -~ o ~~ , ~a ~~~ ~a ff $g °,_~ ° o - g o - ~ ~~ a ~ ~s a a ~ ~p ~2 2: $~Y ~ ~~~ s~~~ ~ ~~~~ ~ ~~~ k'' `y~ ~~ ~~~ ~4 ~~ ~~ ~ ~p~gsx o ~ ~~ ~~~°~' k aa~E~ ~ ~d ~~~~ ~ s 3~=a~ a s~~~3~ e o ~~ ~ sang ~~~ ~ 0 0 ~~~~ ~ ~~~ ~; ~ P ~ s a .~ $ ~ v a-= ~ ~ d ~ ~ ~ ~ ~ ~ ~ d m a- aa~ a 3 a _~a,s 3aa~ R a R R a e~ a R ', 9 ~ ~ F' .~ ~ T R' F ~ F P' P k' ~ F p F' ~' F P n m v n n .. .. p n n n~ n m p 9 9 b n N ° ° a 0 m n P O M1 n° 0 a° ° _ as °aaa a~3aa - a d ~' 3 8 0 0 1 ~3 , ~, 69~ df a_?~ ~~ 3 w J °w x F z J a a€a~si ~ ete a _a ~ a ~ ~ e a_ P= m~a s F - E ~ ~, s a y E 3 t ~ ~,, cg€ ~~ F a W`~`'' W~ L ~ 2 Q y W ~o ° u 33 ~ ~ ~ w I Au ~-" wo ~ ° ~ ~ ff~ ~ ~ w o_ w 3 ~ a 5 ~ ~ o 'a U oa Q J 0 Z W W J ~~~. K$ 3~ $~ Y ~~ ~~ ~ ~~~g ~ 3 §~ ~ ~~~ w ~~~~~~p i~~gQ~ a Q~ -- a ¢~,~~~~~~ ~ ~ c~p~~^¢~R~g R ~9 e ~So E 3 g ~.~ ~ j~ O W M ~~ ~~ a H py O~W ~d ~~~ ®W a~~ Aq ~ -r~yyy a ~[[[~~~777~i ai ~ ~ o s o a S n F m~ v' ~ 0~ Ur g ~ 00 J ~0 ti z a ~~ ~°' aw flfl ~0 ° 3p 0 m mi: •O W m 3 0~ jj U ~ ° ~ i ~°,~ $$ b m; U ~i ~ Q ~° ae Z ~a ~ m ~~ ~ ~ m~ Q ;, `-` as '~ a a = ~ a J ~ .A ri~~~~~ ,~u pity nil tin ~,-~> ~ :June 4, 2013 I ,`~.~ ` ` T : 13®024 ITEM TITLE: Cantu~~i~r~ z~mmons Sub Final Plat approval consisting of 47 single family residential building lots and 8 common lots on approximately 10.39 acres of land in an R-15 zoning district by Northside Management - s/side of W~ Plhe Avenue, east of N. Ten Mile Road MEETING (VOTES Community Ifc:r~~/t- ~ ~~entations Presenter Contact Info./Notes ~`;i'.~~~~KS OFFICE FINAL ACTION r~~~+'.~ i~r it nil tin Final Plat approval consisthg of 29 single family residential lots on approximately 9.52 acres in an R-8 and R-2 zonir~~ districts by Brighton Development, Inc. - n/o Chinden Blvd, e/o N. Black Cat Roos MEETING NOTES Community l~~Y~-~/CS~,.e;sentations Presenter Contact Info./Notes ~`~"_ ~ ~ t~b(S OFFICE FINAL ACTION Agreement Between Germ State Developmental Center and the City of Meridian for a Not-to-Exceed Amount of 9350.00 MEETING NOTE -v Community I~e~r~~/~~r~~~sentations Presenter Contact Into./Notes ~' ~ . f ~~KS OFFICE FINAL ACTION DATE: ~~MSTAFF ~~ ~ AGENCY ~ APPLICANT ~ NOTES INITIALS ' ~ ~ , i, ®_ Meridian Settlers Parl< CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this ~ day of .)~h-~ , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Gem State Developmental Center, whose address is 818 Northwest 15`s Street, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and inconsideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single-Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single-Night Sponsor of City's August 2°a, 2013 installment of the weekly summer Cab1eONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single-Night sponsors in the Cab1eONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 31, 2013, Sponsor shall prepay to City three hundred and fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a raincheck to Sponsor for redemption as a Single-Night Sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the Cab1eONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single-Night Sponsors in the Cab1eONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 1 Of 6 ~. b. Promotional Item I.in~utatlons. The sale or distribution of any food, drink, o~c other promotional itenn by Sponsor at Sponsor's booth, as allowed in the CableQNE Movie night in Meridian 2013 Sponsorsk~ip Packet attached hereto as Exhibit A, shall not be permitted without prior. written permission from City. Suclx permission may be withheld or revoked at any tune and far any reason. City may also, at any drrie, require that Sponsor discontinue the distribution of any promotional item that City. deeztns to be negatively impacting concessions sales ar deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or re1ect, at any time, ariy audio, video, or written material submitted, used, or created by Sponsor, Any pre-approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as. to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify,.defend and.hold harmless City frotni all chinas, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including. attorneys' fees, far which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or . copyright violations. ~. 'term,. The term of this agreement shall be from the Effective Date through September 1, 2413, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2013 Cab1eC~AIE Movie Night in Meridian event series schedule shalX include twelve to fourteen (12-14) weekly movie showings during June, .luly, and August, but cancellation of any or alI movie showings nnay be necessary due to weather or other coinditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie.Night in Meridian and all movies and activities related theireto, including any and all rcelated activities liy Sponsor: The parties hereto expressly acknotivledge that Settlers Park is a public space, the management and scheduling of which shall at alt times be within the sole purview of City.. Any right or privilege. granted to. Sponsor by this Agreerrient shall include neither the right to exclude any law-abiding person_from Cah1eONE:Mavie Night in Meridian, nor the right to interfere with any person's eoricurcent, lawful use of Battlers Park where such concutxcnt use does not conflict or interfere with Sponsor's use: 6. Insurance: Spons®r's responsibility, City shall not provide insurance to cover loss, theft, or. damage of arty egaipmcnt, materials; ar personnel used or employed by Sponsor in the furtherance of this-Agreement, onto cover any activity ugdertakeit by Sponsor in the exercise of the rights or the furtherance of the obligatiops described herein. Any and all insurance'of each party's respective property and personnel shall be the sole. responsibility of that.party. Sponsor shall obtain=aIl necessary insurance as. may be required in order to protect Sponsor's insurable interests for.Sponsor's rights and obligations described within this Agreement, including, but not linuted to, liability insurance, automobile. insurance, woxl~er's compensation insurance, and/or property insurance. Iv1ovIE NzGFi7' S~IGIL'N(GFIY' SPONSaI2SHIP AG(t~IEMENT FAOB'L Of 6 7. Y7se of City's name, loge. City hereby conveys to Sponsor pernvssian to use City's name far purposes of advertising; marketing, and public information, without violation of City's rights of privacy or any other rights City may possess tinder this Agreement, provided that Sponsor shall not use City's logo far any purpose without the express, written permission of the Mayor's Executive Assistant, 8. Terminatioet. a. Tee~ntination fart cause. Tf eitherr Party determines that the ether has failed to comply with any term or condition of this Agreeitient, violated any of the covenants, agreements, and/or stipulations of this Agreernte~:t, engaged in any act of misconduct in the performance of this Agreement; or if either Parry willfully or negligently defaults in, ar fails to fulfill, its material obligations under this Agreerxtent, the other Parry shall have the right to terminate the Agreement by giving vt~ritten notice to the defaulting parry of its intent to ternnate, and. shall specify the grounds far ternnation. The defaulting party shall have two (~) days after such~notice is sent to cure the default. Yf the default is not cured within such period, this Agreement shall be ternunated upon written notice of such termination by the terminating party. b, lea Camporlsatiall txpon #erpnination, In the event of termination, neither Party shall be entitled to compensation ar damages for any equipment ar materials provided pursuant to this Agreement ar obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Plsotm~raphy and recordling. City shall be authorized to photograph, record, video tape, -reproduce, transmit, or disseminate, in ar from CableONE Movie Night in Meridian, all related activities for educational and putilic information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties.. It-is the express intention 'of Parties that Sponsor is an independent contractor and not an employee, agent; joint venturer, ar partner of City. 1Votliing in this Agreement shall be interpreted.or canstiueci as: creating or establishing the relationship of employer and erixplt~yee between Sporiscix and Ciry or between Sp~nsor,and any cefficial, agent, or ernpIayee cif. City. Both parties acknowledge that Sponsor is not an employee of City.. Sponsor shall retain the right.to perform services for others during the feint of this Agreement, Sponsor shall have no authority or responsibility fa exercise any rights or power vested iri City. The seleckion aril-designation of the personnel .of Ciry in the performance of this agreement shall be rttade byGity: 11. Ii~demnifica#iott. Sponsor specifically irideriutifies City and holds Ciry harmless frarn any loss, liability, claim, judgttient, or action for dafitages ar injury to Sponsoi; to Sponsor's personal .property or equipment, ariil to Sponsor':s employees,. agents, orvolnnteers arising out of ar resulting from the condition of City's real or personal property or any lack of maintenance or repair therein, and riot.caused by. or arising out of the tartious co»duct of City or its employees. Sponsor further agreesto indemnify and hold City harmless from any loss; liability; claim or action from dazxxages or injuries.to persons or.property in any way. IVYOVIE ATigNT SINGIB-NzaHT SPONSORSHIP AaRauMErrr FAC3R ~ OF f) arising out of or resulting from the use of City's real or persoAal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall; and hereby does, waive any and all elairris and recourse against City, including the right of contribution'forlos and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of ties Agreeiment, whether such loss or damage may be attributable to known or unknown conditions, except ;for liability arising out of the tortuous conduct of City or its officers, agents or employees. 13. Tres. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14, ~'ime of the essertce, Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure td timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with taw. Throughout the eaitrse of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. leic~n-discritnittution. Throughout the course of tYiis Agreement, Sponsor sha11 not discriminate against any person as to race, creed, religion, sex, age; national origin, sexual orientation or any physical, mental, or sensory handicap. i7. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and sill statements, pxatxrises; or inducements made by either party, or agents of either party, :whet>aer oral or written, whether previoug to the execution.hereof or contemporaneous herewith. 'The terms o~ this A~reemezit may notbe . enlarged, modified oir altered except upon written agreement signed by. bofh.pames hereto. 1 g. Costs end attorneys' fees. Tf either party brings any. action. or proceedings to enforce, protect of establish airy right or remedy under the terms and conditions of t#t'ts -Agireeinent, the prevailing.party shall be entitled to recover reasonable costs and attorneys' fees, as' determineii by a court of competent jurisdiction,`in addution .to ariy. other relief awarded, 19. l~greeinent governed by Idaho law. The laws of the Slate of Idaho shall govern. the validity, - ''interpretation, performanee.and enforcement of this Agreement. Venue. shall lie in the courts of Ada County, Idaho. - 2Q. ulative rights and remedies. All rights and remedies herein e~aunierated shall b~ cumulative and none shall exclude. ariy. other right or retnecly allowed by law, Likewise, the exercise of any remedy provided.foz laexein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NTOHT SINGLE-NIGHT SPONS012Sf11P AGREHMBNT PAGn 4 oP 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Donna Newby gemstate @ gsdcdda. earn Citv: Colin Moss cmoss @ meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. 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. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: ./? -_ ~ ~~ Authorized R resentative Signature Title /~~~~~I t~~~ ~J~ ~a~~~ Please Print Name CITY OF MERIDIAN: Tammy de ~rd, Mayor t~/ MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT '~ ~/~~ Date ~~ ~.'~£D n u~usrl ATTEST: ~Gp¢~ 19p~ ~ ~ City of ~, E IDIAN~-- ~~ cee H 1 an, I Clerk ~ ~^~, SEA ~: PAGE 5 of 6 ., ; Exhibit A C L.E~1NE MGV'IE N.1G IN MERIDIAN 2U1~ SPONS®R.SHIP PACKET Sin 1~ ihti Sponsor ®x X35® you will receive: * Recognition as one event's sponsor in all promotional efforts fox that event. The opportunity to promote your business or organization at your movie na.ght through product displays, sampling, demonstrations, etc..It is also encouraged to organize activities that add to the appeal of your. movie night. Examples include bounce houses, live bands, games, raffles, etc. The opportunity to insert one (l.}thirty (30) second advertisement into the pre-movie video at youx movie night. The opportunity to hang up to two (2) bantlers no wider than eight (S) feet each around the seating area during your show. Banners around seating area .must be free-standing. There will be no fences, trees, buildings, etc around the sating area to hang your banner on. Your logo tanked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian. page. ® Your logo and a link, to your website on your movie night's eveint listing on the Meridian Parks and Recreation page on Faceboolc. Your logo next to youx event's Xistirig on the CableONE Movie Night in Meridian.flyers that are distributed thXOUghout the season. MOVIE NIGHT SINOI~i-NIGHT SPONSORSHIP AGRrsBMEN'C PAGI3 6 A£ 6 r~~ ~,~~~ ~ ~,, ~~ity until tin ~t ~ ,, ® , DATE: June 4, 201 ITEM NIJIVIEER: ~~~-H ~'® PR®JEC1' NIJIViEER: ITEM TITLE: Resollati~~r~ i~~.. ~ ~ ~` ~ ~ ~v A Resolution Amending City ~~ Meridian Policy 4.2 Vacation Leave; 4.3 Sick Leave and the City Policy for Travel ~IIEETING NOTES Community I~i:c-rr7/I'°e~sentations Presenter Contact Info./Notes ~' 'l~ ~ =tdCS OFI~/CE F/NAL ACTION DATE: E-MAILED TO SENT TO SLNT TO NOTES INITIALS STAFF AGENCY ;4PF~LICANT CITY OF MERIDIAN RESOLUTION NO. 13- Gl ~ ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING POLICY 4.2 VACATION LEAVE; POLICY 4.3 SICK LEAVE; POLICY 3.5 TRAVEL AND CREATING A CITY PROCDURE FOR TRAVEL AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 4.2 Vacation Leave; Policy 4.3 Sick Leave; Policy 3.5 Travel and creating a City Procedure for Travel; a copy of said policies and procedure are attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in fiill force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of ~~t~t~P~ ,2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~ 1UY~-~ , 2013. O~~ORpTIlDA(/C~Srl PPROVED: ~..~..,, G ~ ,2 °~ 5 c'ty°f r Tat~IIIIy de Weerd E IDIA ATTEST: ~®A~o m ~.~`~~. SFAL By: ~ ~~'`~' ~" (SEAL) *~~:~ ~j~:~EAS~fQ;. Ja ee lman, City Clerk - ~_ . ~ CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL AMENDMENT FOR POLICY 4.2 VACATION LEAVE; POLICY 43 SICK LEAVE; POLICY 3.5 TRAVEL; AND CITY PROCEDURE FOR TRAVEL- 2013 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.3 SUBJECT: SICK LEAVE PURPOSE: To outline sick leave benefits for employees. POLICY: All eligible employees will accrue sick leave benefits as set forth in this policy or as per the current labor agreement. AUTHORITY c& RESPONSIBILITY: Supervisors and ~°N^~•+~~°°~+'~°^~~Depai~tment Directors shall be responsible to ensure the appropriate administration of this policy so as to prevent abuse of sick leave. PROCEDURES AND RELATED INFORMATION L SICK LEAVE ACCRUAL A. Sick leave benefits are designed to provide income protection for employees in the event of illness, injury or disability. Sick leave benefits are provided to regular full-time employees at the rate of eight (8) hours per month, hours may accumulate up to ninety (90) days or seven hundred and twenty (720) hours, and then sick accruals will cease until hours have been taken. B. Sick leave accrues from the start of employment based on anniversary date. An employee is eligible to use sick leave after one (1) month of employment. C. Sick leave hours accrued for a particular month cannot be used in advance, or during the month they are to be earned. II. ALLOWABLE USES OF SICK LEAVE A. Accrued sick leave hours maybe used for: 1. Personal illness (including maternity related or medical disability); 2. Personal injury; 3. Illness or quarantine of employee's immediate family necessitating the employee's absence from work. (Immediate family is defined as any relative who resides with the employee and who depends upon the employee for regular care); 4. Personal or medical related appointments, including annual wellness exams, counseling, dental check-up, etc; 5. Provisions under the Family and Medical Leave Act e~~~~ FMLA that provide leave to certain employees who qualify in regards to themselves or providin cg are to others. Employees should contact the Human Resources office for further details. NOTE: Employees mawqualify as a primary care provider under certain carlditions in FMLA. Please contact Human Resources to discuss eli ibility and necessary documentation. B. ABUSE OF SICK LEAVE Sick leave may be used as allowed in this policy, but for no other purpose. Any abuse of the sick leave benefit shall result in disciplinary action up to and including termination. III. NOTIFICATION REQUIREMENTS A. An employee who is unable to report to work because of illness or injury must notify his/her supervisor at least %2 hour prior to his/her work shift or (if in the case of an accident or emergency) as soon as possible. B. Paid sick leave of three (3) consecutive days or more will not be approved without submission of a doctor's certificate stating the employee is unable to perform his/her duties. An employee may be required to provide a doctor's certificate prior to the use of three (3) consecutive days of sick leave to ensure compliance with the provisions of this policy and the Family Medical Leave Act. IV. OTHER LEAVE PROVISIONS A. An employee who is on »~Pa;,,~' ~`AAT ^, workers compensation or unpaid personal leave will not accrue any sick leave benefits while on leave. B_At the time of separation of employment with the City, all accrued sick leave shall be forfeited and shall not be paid. Such forfeited sick leave shall not be reinstated upon an individual who maybe rehired by the City, except for layoffs. ~C. Seasonal, part-time and/or temporary employees are not eligible for sick leave benefits. ~D. Sick leave provisions for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the union contract for breakdown of schedule. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.2 SUBJECT: VACATION LEAVE BENEFITS PURPOSE: To define the City's vacation program and eligibility requirements. POLICY: Eligible City employees with the exception of bargaining unit employees, shall accrue paid time off according to the schedule outlined within this policy based on tenure with the organization. Employees may use accrued time off as per this policy at their discretion with appropriate authorization as outlined herein. AUTHORITY ~& RESPONSIBILITY: Employees shall make appropriate requests for use of paid vacation from their supervisors. Supervisors shall ensure appropriate coverage for the employee's absence and authorize paid vacation as appropriate so as to meet the needs of City operations. PROCEDURES AND RELATED INFORMATION I. ACCRUAL RATES A. The City provides paid vacation leave as one of the many ways in which it shows its appreciation for employee's loyalty and service. City employees accrue vacation leave in ( advance of when they are eligible to use it. Vacation cannot be used before it accrues. Vacation hours accrued for a particular month cannot be used by an employee in advance, or during the month they are earned. Vacation accrues from the start of employment based on anniversary date. B. The monthly accrual rate for employees, other than bar ainin~ unit employees in the Fire Department areas as follows: Length of Service Monthly Accrual Maximum Annual Accrual Limit 0 - 2 years 8.0 hours 96 hours 3 - 4 years 8.67 hours 104 hours 5 - 6 years 9.33 hours 112 hours 7 - 8 years 10.0 hours 120 hours 9 -10 years 10.67 hours 128 hours 11-12 years 11.33 hours 136 hours 13-14 years 12.0 hours 144 hours 15-16 years 12.67 hours 152 hours 17-18 years 13.33 hours 160 hours 19-20 years 14.0 hours 168 hours 21-22 years 14.67 hours 176 hours 23-24 years 15.33 hours 184 hours 25 + years 16.0 hours 192 hours Accrued vacation hours may be carried over from one (1) calendar year to the next up to a two (2) year cap from the employee's maximum annual accrual limit. Any excess over the two (2) year cap will cease to accrue until hours have been taken. II. ELIGIBILITY A. REGULAR FULL-TIME EMPLOYEES Regular full-time employees are not eligible #er-to use vacation leave benefits until after ~7=~enth~s--successful completion of their introductory period of employment. unless approved by the Department Director. B. LAW ENFORCEMENT AND BARGAINING UNIT EMPLOYEES 1. Police and bargaining unit employees in the Fire Department have a one (1) year introductory period and may not ~al~-use vacation leave benefits during the first year of employment unless approved by tl~e Chief. 2. Vacation leave previ-s~ens-accruals for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the union contract for breakdown of schedule. C. TEMPORARY, SEASONAL AND PART-TIME EMPLOYEES Seasonal, temporary and part-time employees are not eligible for vacation_leave benefits. III. VACATION LEAVE APPROVAL Approval for vacation leave must be pre-approved (except for those provisions under FMLA) by the employee's supervisor_~~'°N°~•*~,°N*'~°^~'or Department Director as necessary so scheduling of work can be accomplished. IV. OTHER LEAVE PROVISIONS A. An employee who is on ~,°~'~°°' ~'"'~T ^ •von~~pe~~unpaid personal leave will not accrue vacation hours while on leave. B. Employees who leave the City's employment are paid all vacation leave_accrued up to the time of separation. C. Credit for previous years of service will not be given to rehires. Accrual rates for rehires will start over. Those individuals on layoff status will be given credit for prior years of service. CITY OF 1VIERIDIAN STANDARD OPERATING POLICY NUMBER 3.5 SUBJECT: TRAVEL POLICY PURPOSE: This policy is meant to address _ ,travel away from the Treasure Valley_on behalf of` the City citl~.~er by choice or direction to do so that requires at least one overnight stay. It provides guidelines for the basic foundation of rules and requirements that departments must follow. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. ~ ~, -+ --- ~ „, 1~ •_ ° r~ ~, ~.~.a~,,~~~ , rim , t~„<. a_ `~""-a~-'_ _~~<z ~°e. -esz`~-~2ea~ "c-°~~'-`we-~~°d~"nresicr 5 F, :: POLICY: The ability to travel for work purposes, including training, can be a privilege. Travel may also be part of the employee's job and associated duties. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this privilege. It shall be the responsibility of the Directors of this City to ensure that all expenditures under this policy are `' appropriate and consistent with fiscal responsibility. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. All travel must be pre-approved and the most economical means practical. Each employee is expected to exercise good judgment when incurring travel expenses. Violations of this policy may be cause for discipline up to anal. incluciin ter~n.ination. AUTHORITY & RESPONSIBILITY: Each City employee is responsible and accountable to the Department Director for the funds and assets entrusted to them. Each Director is responsible for administering and ensuring compliance with the Travel Policy The Finance department has the responsibility to track all funds for the City and assure compliance with all City, State, or Federal regulations regarding the tracking and accounting of such expenditures. ~ 't -~ -~' T ~T ~ 66 J 79 'T ~.FG~ l -. ` l'GZI.TI.TTCZT~GZTtCt?C ~iF'0.7TT2~ lt~r'~£JC ~El~f. ~ F7T~CYC-FFC1L ~ P-Cl'-'CfGZ~LF CLUE ~ - - '( a ~ _,. , _Y~_.,.. e. .... .. ..~~.. .. ~+__g~+,~~, ¢ _ a ] -,._ea _ _'. -. _i Y~ FUG"_f 3 ,-€ .~. _ ~ ' 3-~E~c-_. ~ ~r c`v-ttt"c~rc~c'r1~ '~3z`$l~ =aa-'acis'-'r'r-ova- may'-~~r~ ; ~8~"r'r-"r'1 rp~c'u=~~-fF -~ . ,~r,r8„r`f~, ~ ~w~.,,, fh~ ~ ti, ,^~~' ire. ~m l £TT ~ ~Vl~O. SS"'S• t~C~"^ f'!"atYl 5'n 5l[~{- !'4 (? `.~'iccci-i-cr-i-Er~w~~~rp~-i<`i~°'~~~ c~-c~~c,t.l,.~s~..r-c.ncrr~mcrsz-rnJ ~€u- ~-~ -~`i'~li~~`~ `c`am r:~E}`3i.I",.,<r,,,~",-~f +„ tines. ~gtsz f , 4' fl f i 'iii ~J ~-~ ir`g~.s-c~rt1-t~U'-~'~ ~. i~r' r'r'r's-cr c--crir`cr-ccrZ-c-"rrr-" ~ ~ is9-rsr~c~srr~Fb fii c t" ~ ,~~ T~ ~ "r`rrF-Fcil-~r'F~s-rCr ~ ' c` ~ y `ter-s~-~r'c~`ri=F `~y1vi-e1'-ice -tt~ TT? A~Lii~T ATTT'T "`_ _~ TT(lhT'r(lT~ll~• Tsrl-r-w~'z < rcn~ _ _~. _ irc~ ~-cr-scrv r ~-v ..ia~ ir'rcrsc~Q`.• tf'f ~,z " . -fry>a ~,~,. ~ `,~,~ n~ ~ .~~f~i <. A 'r ( ~ Ted':+~~ trcc5-z~v'~2- ' ~`--~- ~ -- --. E = E~ ~ = ~__ ~ ~:f ' - -- - ---~ --- 3 "Y .i~ Tt, Tr•~,r t i ~ ~Hi ' ~£~-~ ~~-E'`c ' r,, n,~,t f~ .~., s rTl f ~-ar~r rsc-s~'r-< n-r:~n"r'r-`,r 3~ Fr~s-s-~~Fn-F"'vi=-rc3-ci~v'~~-FrZ~liee f,~~~r f<.,`rl~ f'~n® T.~.,c,ero•n ST,z rT'~~n ~ ~. ii izct r~x.r~c `!$c~~a f,~ fi r3.~ nn" FLt ~`LCC Siu( L1~ci~~v ~'~. irzv., lam. _ 2`~Yrr-CT'~v 7~rt_CS,',bLi4.u. w4.a by ttxa.~ x. ~tfulxvv' r_-~'~--F~;~ f ,,-,f r, 7 cr.4~1 9 f~~,~(1 (1\ ~,"1-c~"~° `~ "~ ~*}--tii"~t~... ~rnl tiTw 1 Tt,' ' f l ,1~ it Qi a~ r.f +ha t ~ w. -i-rrr'F sz'r'u'tt ~rrrrs-c-m~vc'~:-~z~cccrc aarr w~Tir`u-r'~rc. °zrV~ ~,'c ~Fi F f rn ~.' c'~3-rceV-s-c~~.~°r~f~~~-cnnrar~~ia~~. a v-c~-iFrc"r~i.~`~°~-r"a;~ __. ~-s"t-t 4~-zsr~i~zrso~2°tt9g r~ ~. 1_ T _, .. d _ _ _. _ , _ _. __ d_ ____ /A dt ~rpns _ s «~_ ~ -. ~ - Y'C ~. e. ~, .~.d-~v~..r~v~-v v 4~caivb i Ttxb~.Vi1~.2tS ~- -iyy-a'rc"-Ti=r~"w~`-~iiy ~ ~. -_-11c$-r ~~~yi~ 'n' ic~~ =~1-I i ~ y i-(sc~rrcnl cr."s~t'r:rg~rrr~`l~ 1" `y~ ~ i ~•~ Lam`-'~~C fY,YCS. }t0 f~td f'tY![ ~' f~']"~-GS !'f ~~~5 ~1 ,b y i ~ 1 riY G}~> > LY'bY i6 x ~, "C~,r~i.'.}"tj'LY33 LT ~ .;~Z'~~L fu ~ iVS1 LtU13 11V PY t T~a~ r~ ;,~cynitz,<~ iiv+<i r~a~uA~ ~ ~ <~~%~--~~-c'--a-a`~r"sc°-rri-a-sds-~ ~ ~ ; -~-~- v'c c~--~f~- ci$~-°c~ a r'~'i a ®~~p r"'~~rr"'lr`~, "~°' ~c~~~i'i-,'-'cc~-gi' ~T-' #~c't-v7` .,--~~".'~'iv'n~c-p'rc~'cc~'a-r"1r"`rm°~a~~s t)'a - ` "- tt rt~~ n°, ' - c-c' -Tr`c"=c`-r-¢cE T,~ ,a~~ , i~~-~i-+cc?- ~ - ~ y. • --r-+nxn c. nc. ns~c. - _ t~Tu'7'C~°~fi.~1TF~-i-Cv i a-~ ~r ~-x~ TTLT - ~ .+ b ~~`"SS'~~9-i-. ~i"iu ewi~~ - ~ ~ti"~~' i-w 4~ T~~ ~ t ..+..v ~ 6c i~~~~' ~ssv ~~s'- ~ =~ir~'r~'-fin"~ '~-o-(°v~f--r-~ ' z~d-~H-E~ ~ ~ Y~cv cr" -,-~'r~ri=uc~r~-== ~z`-cc `~m'."-r - -c rs-ri'- r`rtF'; 'r.`~ .. E~-Yc?E ~'~F~~y--it1~ ~ .izr'`c-c~-~~:- ¢-rcrrc <i~ s - F ': z ' _ ' c' ~-s~= " 1 , ~3~=~ ~ r ~ x ~ ~,ri 1, r' - 1 (, a -- D--.',- i - __ . ~-` s-r"rocczc-~ccrcr'~c` - ~=rcr"c~`cii=~c~f~~°c+cz"r~s' T ~ ~ £ ~-c c~.'?s- x-~i~~ . r 1 T' <' 4 ;, 11., ,~ <> <, cr'r`s~"-eei`_c~y~R-vc~~~~-- - i?.a~ v ~~bu~~ =~ tE~-i.-"~`si,-rc#Et~f .,;tli.,'' o ", $- _ __ i s-`:;°~€_ `_ . mi`l' .-~. ~ fr%~ " .-m J ._._ ~__t -1~'3't`k3 ~i-r"a-"-}i~f n. #:-. a-.~ ~f'~- -~ t-~~n .-9 c~n4e-_ -"_° ,r,~/,__~' Iii 4lJ U Lti 1. r-¢C27U !, I 1 1 1~2YTiZ7T i~ -Cr y 'S-t +_ `N-~ ~ ' ~' „+- f3 ~ ~ 3: Irv F-c~-rte "-i-° ~?-?~¢" :'-~~~-Cam''-n'- 1~ ,""- "~ ~:.~-~r~,s-a-°~c"~ a i _ rp~$-[. F y h t i _II T Y f' d Y' "~4~.-5. _..6"t_tlY'ri "~"~ ~N 4 SZ~n_~~Z-CCS srrrc~.-rr i1Z Slvirs~ c~-n~~.a _i. '_ r ' - z ~ -crrrc~-i _-tgt - `t- d' ."„ter ~~`t,-~ al.-~.,~-wl crri~~csc'c_i.~. _ 1=i _,~'~ ".~sa-.s" sirs-srr~cr- i ~~`H~ " .~-.~E 3a ~EC~~3 ~ r t y c .r. ~ , ~ GTdZ~Yr 9 fCTC~'it £T~~C7L6J-7' ~~- i7T'~:T`T'hT t" r;Y + + ~ir.z1 ~i• ~ tX~ sc~a ~rrrr-c., r, r ~ = z~ Y ~1'~~$~-c sri-fa~v iii-~s~l .'; a$ ~C-3}I-i x~-ci`cc v-~f~ rc:r'rrrcrx~ d, ,.. ~ ~+ r .-,n,,,,n~,n,.Q, ~, , ,~,9,,,,.., ~$ f3 . z ~ "s r~§zzi-rz "r. -race -c~ , - ~sr~rrxr~zsx-ro-~trr~v~' - 2 -., ..z -. - ., 1 -8 ~ _ ~ m'i'l _ ~ cz-cc c~rr~n' c'c~s~ ~.7L L1i.t21~ ~ 12u}t~ iVl iiil~~ ~J~FYGLL n tlS' v _i ~ ~(,k` 012Li. ~ "T,Nn »i v a t - dlt4' ~ttn nYSVat•Iaset~Y nft't ~t r'fET n _. -. _ ~. 'x- 's=c~- v y'v v a s e ca a i ~riry-~- ,. ~-. - i crr c .. < ~'$ z._ ~ ~ '° -ez~.~rrrrica~ ~ ~~~-$rvz`~ '~ v~I=~°~i ~€ - - ,, . y _ , ~}8..- 'iiaa. a ~1wx` ~u~r ii~ i ~-. -,-~`~+. "~'i _' .Y ', - -_~ iai ~`-`r'~~1 ~ iii 1-~. 9-~ 1y~~['g 4~. ~es~} ~ r~ F' 4~ ~ ^rt ~ ~ -~ 1.4 ~$ LL1~.d /gypp PC7Tv1 1 V 4'~FYZ~'TT`~F'~4/i.i ~ I t./{{a..ti L.i YUl L1A4/ iVVd1F ~Y. {{ y y !Yt O1 f 1{YS Ft It"~r~"F ~y`Fl ~ (t 1 ~e'F -E~1~.-33a`$-~-1~3~3~~-~N i~-rd a~~-'i`ar-c" '"ntrscra~-rraccccic~rdnrn~--ve-ccrsmari--+resracrvvrsxY iicn,-.~--~-:t,~'~'.~',.~ ~ a xirc~m.,-es ~,-£ u vr'ii, ifiai`~ ~iis~ aw'tiace~'~ca.~s~,~1-sc~1 [r% - t~ ivvzA3 a-~iv-~~E3~= `v's£~~Fr''r`cr~r{a-~cnssr-s -z? ~£ ~"'~`~,scs=vcs" °E~ J 1--~~ ~6 ~- ~.-~drt,~itx iiib~icr-~`-i~i~-ii~cs~c ~ E~ iY.~ <..~f. -tt-" - _ ~s =mow :.xrxse ,~ r1. d. f.1iS~ vav LCD a ..i~it~tti p -P~ PVY ~'9 S' 'FI 5° Yye~tli__ Y $~' 'F Il f-. E ~rw "I'YF Ca A <~<r "d^'~i-L~Y~~ 'l/ i3-~vT~:-~xT~ [C. '4`~~Y~isU4 LV LFAV lit G~. ~~ , i~~` +~L-e~ czi tl , ~~ -€. =r-a'-`ri~~=u-c~=ce t=z~ -~' ~ ~ y ~ -1 i_ s~ ~ -~ £ "-` ~-~~;, -~~_- ~-~,~~~-+`%~ 5'di~ - - ~-c,-s-'r~cir ccr-i-carrstrcr~3c= ~ ~~ ' S-£$~ -3 ~ ~1 r E iv uivi. ~ ~` ic> Y< ~~`~'~ ~~-~ ~' . <..:~_ ~ - ter; ' ;°-~£~-£€ F ~' -~ ~° .__ _ #~t "~~. ,. ~~ - is-~~r~ ,,,, ~ , +~ „r ~..,~ ~_ 1 ~..~~~. _. .T4=TS-5T L' _ _ ZL1diJLAE~~~Ii Yl~S[~i i~'Et~ ££~S'~ - ~L~~L~. -i =-CTi-~' ~T ~. _ _S _ _TtRiTv~'~ CITE' ®I+' 1VI1t+~RIi)IAN STA~'I~ARI) ®P>J12ATING PR~CEI~i1IZ1J I~t1T1~l~EI2 T12AVIEI, P~®CEI)i1121CS ANI} ItEL;ATEI) I~tF®I~MATI®1~ PLTIIP~SE: This procedure shall be followed for any travel on behalf of the City by any employee or anyone traveling at the City's expense. The term "~rctivity" shall mean any trip, conference, training, or event that the employee or representative of the City may be directed to attend by choice or not, if the City is paying for all or a majority of the expense of the trip and the employee or representative is required to leave the Treastue Valley to attend or spend #~at least one (1) night away from their home. ACCOUNTABLE PLAN -IRS requires an "Accountable Plan" (IRS Pub#463) to determine if reimbursement would be reported as taxable income or not. To be an accountable plan, the employee must meet all three of the following rules: 1. The expenses must have a business connection. 2. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. (maximum allowable time 60 days after travel) 3. All excess reimbursement or allowance must be remitted to the employer within (. a reasonable period of time. (maximum allowable time 120 days after travel) If the expense report is not remitted to the Finance Department within 60 days of the return date of the travel the expenses will be reported as income on the employee's W2 form and the applicable taxes will be deducted from the employee's next paycheck. Excess amounts that were advanced to the employee, except for per diem, must be remitted within ten (10) business days. If the trip is canceled or the emnlovee does not attend as previouslyapproved then all amounts advanced shall be retLU-ned to the City. Failure to remit the overpayment to the City within 120 days, of the return from the travel, will be reported as income on the employee's W2 form and the applicable taxes will be deducted from your next paycheck. TRAVEL AUTHORIZATION FORM: The Department Director is responsible for ensuring that the travel is the most cost-effective travel alternative. This policy recommends that each department designate a Department travel coordinator so someone other than the traveling employee is booking travel arrangements. Pell-,~~ ., „~~,. f ,. +...,.,~1 +t, .,r „ ~ L,~ , na,~ F ,- ,,, .,L;,,,,~ +l, b A form shall be established and used by any employee that is traveling for City business. This form gives the employee the necessary approval prior to travel. The form shall be submitted in advance of the trip and must be approved by the Department Director, and if necessary, the Mayor. All expenses, except for those paid with the per diem amount; require a receipt for f accounting purposes or reimbursement. An employee must have a valid explanation and provide other appropriate information to be considered for reimbursement. Any deviations or exceptions should be included on the form. The Travel Authorization Form shall be completed by the department prior to overnight travel outside the Treasure Valley. The form shall be provided to the Finance Department no less than ten (10) business days prior to the travel occurring. 1. This authorization form must include all elements of the travel including but not limited to; transportation, lodging, meals and conference fee if applicable and justify the reason for traveling. 2. The traveling employee will forward this authorization form to the Department Director for approval before travel arrangements and/or conference and training fees are paid. 3. Once the travel is approved the department can make the necessary travel arrangements, such as flight, hotel, etc. 4. Immediately after travel is booked a copy of the Authorization form shall be sent to Accounts Payable in Finance to support payment of airfare, hotel, and other expenses that have been incurred. ~S.The per diem check will also be calculated based on the Travel Authorization Form. The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up. This must be done at least ten days in advance of actual travel. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. CITY CREDIT CARD -A city credit card maybe used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director, when the employee is traveling. A city credit card maybe used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel then a city credit card can be used for fuel. A city credit card may be used to purchase training materials that are necessary. This purchase must be approved by the Department Director. If necessary, the employee may use the city credit card to mail training materials back to the City. This must also be approved by the Department Director. A city credit card cannot be used for any expenses that are included as part of the per diem if the employee has already received the per diem advance for travel EXPENSES EXPENSE REPORT -Travel expense reports are to be filled out after returning from travel. The reports are to be received by Finance Department within ten (10) worl~ing days of the travel return date pursuant to this policy. If reports are not received by that time it may be the cause of further inquiry and potential discipline if the employee refuses to comply. The use of a phone in a hotel or motel for business or personal use is highly discouraged due to the high cost associated with such use. The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. PER DIEM -Per diem is compensation given to the employee for other expenses incurred while traveling that are not pre-paid or are defined as reimbursable. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. Per Diem expenses are including but are not limited to: ® Meals ® Tips or gratuities ® Non-city business fees ® Personal care items ® Banking or ATM fees ® Entertainment ® Desserts or Snacks ® Beverages The per diem will be paid to the employee according to the IRS current "Domestic Per Diem Rates". This rate varies from city to city. It will be department's responsibility to r designate the city closest to the destination for the travel requested and indicate that on `` the Travel Authorization Form. The per diem rate for travel days, the first and last day of the employee's trip, is 75% of the total per diem. If the travel takes more than one day the employee should identify on the Travel Authorization Foirn and request an appropriate per diem. Per Diem will be issued to employee upon final approval of travel authorization form prior to the actual travel as noted above. Employees should always get a per diem check prior to travel. NON-REIMBURSABLE EXPENSES -The following expenses are NOT considered to be reimbursable business expense, but are not excluded with the per diem. This list is not exhaustive and is subject to the discretion of the Department Director where it is noted, brit includes the following, but is not limited to: a. Alcoholic beverages b. Internet charges (unless necessary for training or City business) Justification and receipt must be provided. [Department Director approval needed] c. Entertainment expenses d Tips or Gratuities e. Laundry services (unless for a City Fire or Police uniform) Justification and receipt must be provided. [Department Director approval needed] £ Valet services g. Health club services fees h. Expenses paid on behalf of others i. Banking or ATM fees j . Family member travel expenses REI~YIBURSABLE E~'PENSES - In addition to per diem, there are expenses related to travel that are business related and are reimbursable by the City. All of these expenses will require a receipt for proof of payment. These expenses must also be approved by the Department Director. Only in an extraordinary circumstance can reimbursement be provided without a receipt. The IRS will not allow the City to reimburse any expenses that start or end at the employees' home (i.e. taxis or mileage). These reimbursable expenses include but are not limited to: 1 Transportation to and from the destination of the travel 2. Transportation to and from the airport to the hotel/motel 3. Rental car and fuel with proper authorization and receipts 4. Transit while at destination between hotel and the business related meetings or purpose for the trip. This may include taxis or shuttles. 5. Telephone or Internet charges that are business related 6. Tolls 7. Taxi to and from hem-e-the City wo~•k location to the airport TRANSPORTATION -All travel must be by the most economical means practical, it does not have be the least expensive, but the employee and the Department Director must be able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed that cost of uninterrupted travel. Employees and departments are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. AIRLINE-Employees must travel by coach or economy class. PERSONAL VEHICLES- An employee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement the employee must maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. The employee will be required to meet any other requirements of the City or its insurer prior to departure, including but not limited to providing a copy of a valid driver's license and current proof of insurance. The employee's personal vehicle insurance will be the primary insurer for the employee and their vehicle. The City's insurance will only be responsible for any damages that maybe the responsibility of the City. The City may pay the standard mileage rate for the travel or may limit the expense to actual costs or some other method as determined by the Department Director. An employee will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. RENTAL CARS - A vehicle maybe rented at the destination or to travel from the Boise/Meridian area to the destination and back. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City. (Use tl:e Travel Authorization Form). The request must indicate the necessity of the vehicle related to City business. The employee will be responsible for the fuel or parking expenses for any trips that are not related to city business. LODGING -The employee must stay within the IRS hotel rate for the appropriate city or stay at the conference hotel (if applicable). When securing reservations employees will identify themselves as government employees to obtain the government rate, if available. The City will pay the room charge plus applicable room taxes. Motel cha~g~~h®~~td o~~l ~ ~' duy i~;un;n , +i,~, ,. rf ~,,,a ,~-, o~ u.v :,~ If two employees share a hotel room the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom. If anon-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs was incurred. ~ EARLY DEPARTURE or LATE RETURNS -The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. If there is an impact on the City related travel the employee shall be personally responsible for the additional cost. This justification should reflect that there is no increase in total travel cost to the City. OTHER REIMBURSEMENTS -When other agencies or organizations directly reimburse an employee for travel, training, and other related costs where such costs were borne by the City, the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 days of receipt of monies. TRIP CANCELLATION -If the trip is canceled prior to departure the employee has three (3) business days to return the entire per diem amount to the City. The employee or the Department Travel Coordinator shall be responsible to cancel all the ai7angements made for the travel and attempt to limit the City's costs for this change. TIME CARD ACCOUNTING -For all hourly employees they must account for their travel and time at the activity in the following manner: Travel (To and from tl~e activity) -Whenever possible the employee should attempt to travel during their regular worl: schedule. If that cannot be accomplished then traveling outside of the employee's regular work schedule must be approved by the Department Director. All travel is compensable, and_shall be considered "Hours Worked" for the purpose of calculating overtime ~ for the workweek. ~y ~'efiicl~ -The City will compensate for driving time to the activity from the time the employee leaves their City location until they ar~~ive at the I+~+~tie~~-:final destination. Internet mapping may be used by the City to determine reasonable travel time from the City as verification. The return shall be handled in the same manner. n.•ivi n; +u~ ,-°i,;^~~ ~ r n~« p,,,'+'^~ ~'~~' * • 'All travel time by vehicle shall be considered Hours Worked for all employees. This shall also apply to driving at the location of the activity in the same vehicle. The employee shall enter the time on the employee's time card. as "Hours Woglced." lid ~~ » ~y ~4irli~~e -The City will compensate air h°avel based upon the published flight times of departure and ai~•ival at the destination of the activity including layovers. ~'~° °~~~~^..o~ ~~ ~~ . If the travel time signilicantl~exceeds the published time on the itinerary or transit time to and from the employee must get approval from the Director for additional carnpensation. 'l'ime (While engaged in the Activity) -Time at the activity (in class, conference, event) s11a11 be considered Hours Worked and should be entered as such. If the time of the activity would ~. exceed the employees normal wo~lc schedule then proof of such must be provided. e u~ ~:~i~ ~ v pity until t®n DATE: June 4, 201 ~~ lTEM NUMBER: 7,~ T ITEM TITLE: Animal ',f~~l~~r Presentation and ®iscussion of Proposed Future Changes r~~ Options f111EETING NOTES 5~h~ C}ve~--~-~~ S ~ ~ ~~~-~. N-o ~\ ~ ~ ~ ~ ~ ~ v ~~ s Community I~~~rr~/~~°~sentations Presenter Contact Info./Notes V ,~i~ r :~~~J ®I-l~~lrG FIIYML fY\s I l®/tl Jaycee Holman From: Peggy Gardner ant: Thursday, May 30, 2013 3:35 PM ~ o: Jaycee Holman Cc: Jacy Jones Subject: FW: Animal Shelter fyi Peggy Gardner Ad m in istrative Assistan t to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: Peggy Gardner Sent: Thursday, May 30, 2013 3:31 PM To: Rick Burke (RBurke@armcorp.com) Cc: mayortammy Subject: FW: Animal Shelter '`ear Riclc our email has been received by the Mayor's Office. Thank you for taking time to send an email to let us know of your wishes concerning the Animal Shelter. I will forward your email to the City Clerl<, Jaycee Holman, to include in the public comments. A presentation of the Animal Shelter proposed changes and options will be held at the next City Council meeting on June 4. The meeting begins at 6:00 p.m. The final agenda will be available on our webpage Friday afternoon. Please use this link http://www.meridiancity.or~/city couneil.aspx?id=13129 to access the agenda or you can stop by city hall as it will be posted in the display case on the front of the building. As part of the public process, Mayor and Council are unable to comment on items that will be heard at Council meetings outside of the public meeting. Thanks again, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 phone 489-0529 From: Rick Burke [mailto:RBurke@armcorp.com] Sent: Thursday, May 30, 2013 1:21 PM To: mayortammy Subject: Animal Shelter dear Mayor Tammy, f Just my 2 bits worth here; It would seem feasible to have an animal shelter here in Meridian, we have such tremendous growth and incoming revenue that we should be able to handle it. There are apparently plenty of volunteers willing and able to run it as well. What do you think? Thanks for your time Ma'am, Rick Burke Jaycee Holman From: Peggy Gardner ant: Wednesday, May 22, 2013 10:50 AM ~ o: Connie Petersen Cc: mayortammy; Jaycee Holman Subject: RE: Animal Shelter Discussion Dear Connie: Your heartfelt email has been received by the Mayor's Office. I will also forward the message to our clerk's office to include in the public comments when the issue is brought to council. Please Know we appreciate everything you and the volunteers have done for our four-legged friends and citizens of Meridian. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: Connie Petersen [mailto:cnaturewalker@gmail.com] Sent: Wednesday, May 22, 2013 10:10 AM ~' r. mayortammy .,ubject: Animal Shelter Discussion Meridian Mayor and City Council Members, Close to ten years ago, I responded to help the City of Meridian and founded the Meridian Valley Humane Society. Since that time I have been the President and Director of this amazing group of volunteers that have tirelessly provided animal sheltering for Meridian. Over the years I have personally donated $25,000 and well over 10,000 hours of my time to this cause. For several years I had hoped to construct a shelter and find a good long term solution to providing animal control and sheltering for Meridian, but was unfortunately not able to do so. I recognized that without significant financial support from the City to build a shelter and help to employ people to manage it that my volunteer group alone could not shoulder this responsibility. I was unable to identify a desire in Meridian City to develop animal sheltering services and thus recognized the possibility of contracting with the Idaho Humane Society as an alternative. I currently serve on the board of directors for the Idaho Humane Society and took this position in hopes of finding a way to collaborate with them to find a solution for animal sheltering in Meridian and possibly construct a facility. I also serve on their animal control committee and support them in their venture to build a new animal shelter on Overland and Maple Grove. I recognize that with the loss our current Meridian shelter location that a decision needs to be made with regard to a long term solution for Meridian to provide service to the people and animals of this community. I have worked closely with Idaho Humane Society and Lt. Overton in the discussion of Meridian contracting with IHS. And even though it is with a heavy heart, I recognize that contracting with IHS is a sound business decision. IHS provides excellent care of eir shelter animals. They no longer has to euthanize dogs due to space issues and are capable of taking care of cats, an area of animal sheltering that has not been provided in Meridian. They are a distance away from Meridian, but are in the process of building a new state of the art shelter that is closer to our community. They are a professional organization that can provide not only animal sheltering, but animal control for Meridian. Certainly creating a collaborative effort and consistency to animal control throughout the valley is a benefit as well. They are truly an excellent organization and I am grateful that they would consider contracting with Meridian to shoulder the •~sponsibility of animal sheltering and control for our City. Thus, I recognize this a long term solution for Meridian and I ,ill support a decision to contract with IHS. I am informed that you will be meeting soon to discuss this issue and hope that you will take the time to make a sound decision for our city that will provide excellent service not only for the animals but people of our community. Please also take the time to recognize the Meridian non-profit groups that go the extra mile to enhance our city and support them in every way you can. The volunteers of MVHS have given a great deal of themselves to provide service to our community and based on their donated hours of over 4 full time employees each year, I estimate they have saved Meridian close to a million dollars in the past ten years. I hope you will recognize their tremendous efforts and Know that the closure of our shelter is challenging for many of them, however MVHS will begin a new chapter for providing care to animals. Based on the likelihood of Meridian contracting with IHS, the MVHS board has voted to merge with IHS and support them in caring for Meridian's animals and will also direct our volunteers to help further develop Fuzzy Paws Rescue. I look to you for leadership and guidance on this issue and greatly appreciate all of Lt. Overton's efforts, support from IHS, and the efforts of MVHS volunteers. Sincerely, Connie Petersen President, Meridian Valley Humane Society 631-9008 ~ ~~<< '; ; e ~;it nil tin T :June 4, 201 I !J $ ITEM TITLE: Items fU{c~v~~ from Consent ~4genda 1111EETING NOTES / ~ ~~~ ~ Community It~~~~7/l~~ c:sentations Presenter Contact Info./Notes ~' ; F . r ~~ :MKS OFFICE FINAL ACTION `~~ ;, ~~~ it nil tin by James Wylie Located southwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) MEETING NOTES i ~ ~ ~~. v~S ~~~t S Community If~r~7ll~r~-:sentations Presenter Contact Info./Notes ~''~~.f'~t~KS OFF/CEFlN~4L,4CTlON ~ ~~~~9~--rr~ iy until tin June 4, 201 I°f 9 J ~' 13®004 ITEM TITLE: Pineb~iu~~~ dub Public Hearing: Two year Tits Xtension on the preliminary plat in order to obtain the City Engineer's signature oh d final plat by B.W. Meridian, Inc. -east side of N. Locust Grove Rd, south of E. Fairv~~j~v ~~enue and north of E. Commercial Street IllIEETING NOTES o~ C1L, ~-mJ Community Its~n~11~{~ c~sentations Presenter Contact Info./Notes '~^~J~~6(S OFFICE FINAL ACTION -- __ DATE: E-MAILED TO SENT TU SENT TO STAFF AGENCY '~ l~PPLICANT NOTES INITIALS ',~~~~~i°~G':;' % it tin Public Hearing: Amend the [development Agreement to delete the number of lots, dwelling units and square t'ootages allowed to develop o the site and replace with the types of uses approved on the site by Brighton Development, Inc. - s/o W. Chinden Boulevard, between N~ Meridian Road and N. Linder Road MEETING NOTES Community It~~~lf~r~sentations Presenter Contact Info./Notes :~4 ~:~t~KS OFFICE FINAL ACT/ON E-MAILED TO SENT 70 SENT TO DATE: ~ STAFF ~ AGENCY APPLICANT ~ NOTES INITIALS ~ ~~~ ?';1~ ~~ ~ ~°e until ®r- to Replace the Recreatiorr~l Value of a Portion of Storey Park that has been Converted to Non-Recrec~~c~nal Use MEETING NOTES Community It~rf7/!yr-~~~entations Presenter Contact Info./Notes ~' :f i°~~KS OFFICE FINAL ACTION E-MAILED TO I SENT TO SENT TO DATE: NOTES INITIALS STAFF AGENCY APF~LICANT NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian, the Laws of the State of Idaho, and the Code of Federal Regulations, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, June 4th, 2013, for the purpose of reviewing and considering a proposed real property exchange to replace the recreational value of certain City owned property in Storey Park that has been converted to non-outdoor recreation use. The City owned propel-ties were acquired in part through the Federal Land and Water Conservation Fund (LWCF) and the proposed exchange is subject to the review and approval of the National Parks Service. The property in question is an approximately 20,000 square parcel in the Southwest portion of Storey Park that has been removed from outdoor recreational use by fencing it off for use as the site of a municipal water well, and a separate parcel of approximately 89,332 square feet of undeveloped land located near the Southwest corner of Storey Park in the City of Meridian. These parcels are a portion of that real property identified Ada County Parcel No. S 1 1 1 8222720. The proposed transaction would replace the recreational value of the City owned parcels that have been converted to non-outdoor recreation use by acquiring a parcel of non City- owned real property located at 430 E. Watertower Street, Lot 5, Bloclc 2 of Honor Park Subdivision No. 2, Ada County Parcel No. 83720680700 (The Watertower Parcel). The Watertower Parcel is adjacent to the southerly border of Storey Park and would provide for an extension of Storey Parlc and provide park access to Watertower Street. For further information, please contact the City Clerks Office at 888-4433. DATED this !~~-~~ day of May, 2013. Publish Dates: 20th of May, 2013 IT IL I I I - T AT u , IT M PROJECT NUMB Proposed Land Trade to Convert a Portion of Land OJ CT NAME at Storey Park to Non-Recreational Use PL ASE PRINT NAME I FOR I AGAINST I NUTRALI du~~:~- ;:~~ e,y 1111 -1 T_ :June 4, 201 .__w I1° : 9 H 13-001 ITEM TITLE: Stored t~~.~_ Public Hearing -Short plat consisting of 4 buildable lots on approximately 18.81 acres of land in a C-G zoning district by COM Parks Dept -SEC of S. Main Street and E. Franklin Rd MEETING NOTES ~il~ ~a`~S~,-, S Community Itr-~rr~lt p~°r,,~entations Presenter Contact Info./Notes ~~~~~~td(S OFFICE FlN,4L,4CTlOIV E-MAILED TO SENT TO ~~ENT TO DATE: STAFF AGENCY ' P,PPLICANT NOTES INITIALS i i ITY IL I I I - AT n IT M PROJECT NUM R HP 13-001 PROJECT NAM Storey Park PLEASE PRINT NAME FOR I AGAINST I NUTRALI ro<<'i~ >~u ~;ity until June 4, 201 I l! 10 J ITEM TITLE: Resolu~~~ ~G~I~.p ~ ~ ~ ~ ~~ Resolution Approving the StaletLocal Agreement for Federal Aid Highway Project No. A013(817) for the UPRR Raii with Trail Arterial Study MEETING NOTES ~ale.i~ ~1-0~~ ~~a-~ C~=„ 6~~,~ Community Iter~i/i"'~~~sentations Presenter Contact Info./f~otes '~' = ~' . F ~~KS OFFICE FINAL ACTION CITY OF MERIDIAN RESOLUTION NO. ~ ~ ' ~ ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO APPROVING THE STATE/LOCAL AGREEMENT FOR FEDERAL AID HIGHWAY PROJECT NO. A013(817) FOR THE UPRR RAIL WITH TRAIL ARTERIAL STUDY. WHEREAS, the Idaho Transportation Department(hereafter called the State) has submitted an Agreement stating obligations of the State and the City of Meridian (hereafter called the City) for development of the UPRR Rail with Trail Arterial Study; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Agreement; and WHEREAS, the State can only pay for work associated with the State Highway system; and WHEREAS, the City is fully responsible for its share of project costs. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement for Federal Aid Highway Project A013(817) is hereby approved and attached hereto. Section 2. That the Mayor and the City Clerk are hereby duly authorized to execute the Agreement on behalf of the City of Meridian. Section 3. That duly certified copies of the Resolution shall be furnished to the Idaho Department of Transportation. ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of 2013. RESOLUTION APPROVING THE AGREEMENT FOR FEDERAL AID HIGHWAY PROJECT WITH THE IDAHO TRANSPORTATION DEPARTMENT - PAGE I OF 2 APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2013. APPROVED: ... .... ~~ .--°-- v_~~~u Mayor Tamnir• ~e Weerd ATTEST: Q~~p;YBDAUCUs~ t-t..~ 1 ~G~~ l90 j ~ ~ ~ ~ City of By. Jai ee ~ ~, lman, Ci Clerk e E IDS. ~pAtto ~, ~~ ~~ yv F~. ~@ r~QO~tie TAfp`'UQ~ RESOLUTION APPROVING THE AGREEMENT FOR FEDERAL AID HIGHWAY PROJECT WITH THE IDAHO TRANSPORTATION DEPARTMENT -PAGE 2 OF 2 ~ ~~~ , ;~, ~u~ ity until ten Funding for aNot-to-Exceac~ amount of $400,000.00 MEETING NOTES ~~~ (.~ 2e~o~ e-~ Community Ifc~r~clt~'a r3sentations Presenter Contact Info./Notes Mayor Tammy de Weerd City C®aneil emberti Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of City Council FROM: David Allison, EIT -Staff Engineer DATE: May 16, 2013 SUBJECT: BUDGET AMENDMENT FOR RV DUMP CONSTRUCTION FUNDING I. RECOMMENDED ACTION A. Move to: 1. Approve the Budget Amendment for the amount of $400,000.00 to move existing available funds from account 3590-92100-IO1S8 to 3590-96145-10030 fot• a no net increase in the approved FY13 budget. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Warren Stewat•t, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background On November 13, 2012 the City Council approved the Public Works Department's design concept for a new RV Dump Facility to be located at the Meridian Wastewater Treatment Plant in an effort to maintain the cun•ent service provided to the public. The design is currently at 9S% and will be bidding for construction in mid-June. B. Proposed Project The new facility will accommodate two trailers simultaneously as well as provide a lane for staging trailers waiting to use the dump. New landscape and widening of the Treatment Plant drive are also included in the facility design. Page Y of 2 IV, IMPACT A, Strate ig c Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B, Service/Delivery Impact: The upgraded facility will provide two discharge stations and will help to alleviate the cueing difficulty that exists after holiday weekends at the dump facility. While the construction of the new facility is underway, the existing dump will remain in service to ensure no lapse in service to the public. C, Fiscal Impact: Project Costs:, Estimated Construction Cost $400,000.00 Total Costs $400,000.00 Project Finding Sewer Line Replacements (3590-92100) -Available Funding $400.000.00 Total Funding $400,000,00 V. TIME CONSTRAINTS Execution of the attached amendment is critical in order to follow the direction of the Council to construct the new RV Dump Facility. VI. LIST OF ATTACHMENTS A. Budget Amendment Form Approved for Council Agenda: ~ %~ 1 .S ~3 Date Page 2 of 2 _.____ ~ w c a ~ f0 p O ~ C (A ~ n ~{ V O ? ~ iro rw -ay r-a ro ~ C ~' ~, m ~ tU ~ N, p. ~ oa ~ ~ ~ ~ ~~ °O ~ O ~ ~ ~ ~ ~ ~ -a v> ~ ~ w O P+ ~ ~ ~ ~ ~ ~ ~ ~ -h Q p ~ ~ ~ ~ tp ~ ~ ~ ~ C h ~ ~ ~~ ~~ ro ~ tf1 ~, a ~ ~ N e a -, °~'. ~- tD f6 ,C2 w ~ ~n ~ ~ ~ x- ~p ra 'CS N N O ~ ro' ~ C? ~~-' -~, ~ O ~a~qq y S rF (b ~., _= ro .~ -~, s~ c w ni ~ n; ° 5 .--. ~~ n 'c ~ -, ~ ~ N p f~1 W ri r~F `~s O Q "a ~ ~ X 'O ~' o w ro o` ~ H ~ .1 d w s o- ° -«, ro ~ ;-' Q i i C C C i t .`. i i i s i t r rr r ,c s r i s C f 5 z c ~; i i i t f I Y C c S z r t i U { i 4 f t i t c r t i t S f f e c 4 C G 3 ~t 1 7 3 } 4~ 9" C t~. Q ~~ L ~ o r ~ 6 o m 1 '.p Y t ~ 7 ~ a m C t ro ~ a 7 N Z .~ _. -, ~ro i NM [1 3 ~, ro L Y ro O :~ ~ t n > (U -a ,-r i C~'7 L "} 1 ~ > ~ S ~ 7 ~ 3 ;a i n~i s ~; ~ o a ~ t ~ i ~ L ~- r ro 1 ~ 1 ~ 1 f ~ ~. C ~ 1 N .~ C N N~ O n~ a ro 4q ro ~ .v ~ ~ ~ ~' IN` t4 ~ (~ ~ -~ ®~C C~ {p ~ ~ O ' (/~ ` tl) ~ ~ ~~ ~ ~ ~ cD '°5~ ~ z~ ~. ~ g < ch ~ ' O i ~ ~,T ~ ~ q (D e r f~ ~ , r , ~-_ ~ cD Q. try f p CD .C2 C C1. E/j ~~ ~ ~ a~P °~" Cl. ~ ~ ~ - ~ l Y [°~ _~ I+ _,,,// -V '+ /°~ \ ! ~ +. ~ ~ ~ ~ ~ ;~ ~' '~ -p vi ~' Li° © C~ ~; UI ~~ b ~) ~` o ~ 1~ ~+ 9 ~~ as ~ ~ ~ ~ ~~ ~° a. ~ a ~ c~ m c~ e ~ ~ ~ n ~ ro ~ 3 ~w ~. ~ s~ a a~ ~ ~ ro 0 an' 1: ~ _ - _ __ _ ~ `_~ %.; ~ ..,,, c~ ~~ i W ~5 L~ L~3 t~ t;s ~a r, C`> ~ ~ ~ ~ -I ~ ~ - - - - o w t~ ~ y ( ~ ~ ,ro ~. ~. - -- --- ~. ~, r __ _ _W CA ~ ~ Ui ~ Cjt ~ ~ ~ , cc c' ~ ~ ~ ~~ ~ ~ ~ ~ U' ~ ~ p o y.~~ ~" u ~ n ~- ~' r~ c~ ~ , ~ - -- - ~ ~ ~ N - --- ~» cn .~s ~: ~ ~~ r ~ a o ~ a o q c~ ~ 0 ~ 0 ~ ~ ~ ro c~ ca ~ ~ ~ ~ [~. - - - - ro N ~ ~ ~t C7 i7 p ~ ,C il=i -o ~ ~ ~'- °~~~~ ~~ ~~ro~~; ~a-~y~ a~ o ~ ~ A ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ m ~ ~. =3 m ~ ~` ~ ~o' o ~ C7~n,~c~~ ro ~~ ~ ~ ~ ~:- ~ ~ ccpp n. ~- ~. ~ O o D p m ~ ~ m ro ~- ~, A, ~ n ~ o ~ o c°, ~ ~ ~ ~ in tD r- ~ ~, cu ~ c O o ~ N ro, ~m ~° W m ~'. ~ C7 co ~ ~ `m ~ m ~ ~ ~ r~ ~ ~ ~ fl r ~ o ~ sv -n ~" o ~ o cn as c a, ca 'tea ~ ~ o ~ ~ w ~ ~ -o 0 d O S ~ ~ O ~~rm"O ~; O t7 m ~~~~ ~_ r> -a m ~rm-~ crn i co ~ ~ Q ,, ~, E~ '~~ ro C7 ro 0 k °"~ 5 ~, a ., _., ~ O E`1, Q ~° ~ _.: ~ ~ r ~. ~ ~. ~ o r ~ I~'~ ~ r b -, ~~ a°x i ~>'" '~` ~,~ £J'~ C~J N ~ C~ ~ p ~~ . ~ ~ ~ O ~ O ~ ~ .:w-~ ~ ~ ~R 4~.~ ~~ '~ ~• c ~:, v ~~ r, U ~ t n ~ ~ ~ C ~ Z O ~ ~ e -n ®n ~n G7 -°~ m ~ ~ C7 ~ ~ ~ A P7"1 ~'~"m ~ma> ~ °rt in ~ ~ ro ~ ~ ~ ~~~~~;'r~ ~;,u i until t® Community IteY~/i ~o~~entations Presenter Contact Info./Notes 'r.~t:KS OFFICE FNVAL ACT/OIV DATE: ~ E~MSTAFF ~~ ~ AGENCY ~ l~F~~LICANT ~ NOTES ~ INITIALS C'IT4' t7F IVI.I±, II:IA1~1 C)RDI~+1ATdCI±,1~1~. 1 °~ - l ~ ~ ` B`1' THE C;IT`Y C;C)UI~ICvII,: .BIRD, IIC)AULUI~, RCIi.I~TRIt~Ii,, ZAItI±~MI~A WWII+,REA~, the City C;auncil gtialif~ications, roles and. res~ansil~ilities; and public hearings process are all within the purview of the City C~auncil, and WHER>E:AS, the City C"ouncil periodically reviews and updates those requirements as necessary; and 1~~3W TIIEREFC}IIE, I3E I'I' CDRDAINEI) I3Y THE NIAYCDR Al~tD CC)I1h1C'IL OF THE CITY ClF MEI2IDIA~1, IDAHd): Section 1. That Title 1, Chapter 7, Section 2, of the Meridian City Code is amended to read as ii~llaws: 1-7-2: (11JAI,IFICA"I"IC~1d~s: ~bilri ~,c-c,'`'~i/`viic-,<l(3€3-E}?t€~~£t-'-<-?4=£S-'r,,•,,~mzcrl-iiicinv`° •v-~~vizv~-rs~nt-t~2e-ti~rte Q}}'i~~,}v~~~r n(TT,,JJ y rlli3 i•vsi~n~ii'Itii~,_CS_CI~C~Yi'~Yt~d"L3(3i~It ~~~~ ~~v~Ci.IidWi~ lt~ra. nits-~c.4i 4~i~i i-,~Y •},i~~ziT-CCY1`'.Q TCrY~'ZT~i TCTLL'G'H'f,'2ktC~Y~F}: 4 A. ~1ny persal~ shall be eligible to hold the office of council ir~ember 1) whose domicile is, at the,_tinle af.' declaration of candidac,~ten.t to reel: election and if elected,_re~naills, in the cat limits of the Cit ~ of Meridian, and 2~ is a qualified elector within the City of Meridian under the constitution and laws of the state of Ida11«. 1~. "Domicile." for the purl7ases of this sectioll~shall mean that individual's true fixed and 1~ermartlent han~e and place of habitation. IC is the puce where that - -- individual intends to remain, anc~ to which that individual exports to return wheal that individual Ioaves tvithaut intending to establish a new domicile elsewhere. C. "Gualitied elector," far the purl7osos of tl1_is section, shall mead a person who is ei litcen~ 1 ~~years of ale, is a United States citizen, has resided in Meridian cite limits far at least the thirty (3t~ days prececlin~ the election at which lie desires to be elected, and w17o is registered to vote as roquired fay la~v. I~MF.,NDMEN'I'S'1'OMERIDIAl~f CI'T`~'CC)DI! 1-7-2, 1-7-6; 1-7-7; 1-7-~ - 1 OF 7 ~iectiar~ 2: That Title 1, Chapter 7, Section ~, of the Meridian City Code is an7ended to read as follows: 1®'7-6: ASSIC~[VENT f3F I)EPAI2TMEI~1'I" LIAISONS; I)UTII~~S AI~I3 TL+;I~1VI: A. Assignment; "I'he president of the city council after confer-a•in 7 with the Manor and Cit r Council shall a7.~ oint ~-i~}ate--~-,}~y-~~.}~~}...n~~,i~ rnT-n~ ~~~t~',-~-tY3v r„•nn r~rw~} {.` a, <rn4i„ C~ ~'iTt ~'~zc-cn-t13~ ~it~-G-E)is13-1E3~-iil~St-ah2iri`~~r'cc^~~r.-v~~rnr~~,, ~' council member to be Council Liaison a~ird--as--th° ~~-~~„~~;~~~i~ur of each of the city departments;:-1~~'.~ri'~~~-nn~e~raa}~>~i~~I~s; and-;•,u~l~ etl~€~-rite}~aa~t~o==~`a--~~~t~~1=~-qty--~t~~rr~il-ira-the-ft~t~a~t.: 'I=13a~~~~i~y=e-~ataa~i[ men}hra=-nurr ;.,.n=,~tG qtr--1~~i/YYle ,,,ac~~irTis:i-iE3t3~r~-i~--E~~3i~r-ti~7~r3t-~l~ll 1ia-~~ tr, ~, ,.; ,~a,+ +„ . „+ tt~-a}~pr ~~e~~ -x~rc~3-i-s-~-1,~r~~rrati et~, -ta-rrl--tl's~~l~a~t-a +~,,, ,.;,„ ,,,, ,•.I--nera3-i~t~ta/:~hi-ansrl-f ter-#1-}r~~Y~~~;~r}i<.`.;~,,,~,. ,.++~,,, ~ p'~"'a~t~n =~i,,,~„h-ra~tl~e-~c~~,,}ray,:7ri~ent--sl~~ll--~#~il7l-,h~a-~~c-rre-~~crt~--as-abL~<~~ s-~tzaird:-l-~the ~i„'7ti[aZCni'Tl_,ll U„t~TT'It~7GY.'--YS'~~a~'i~tC1:~iY--t4:~"'i,~,~'-~~J's"i'~a}~-',~3Z1:'S-~%~~~v"7i ii"S7Ti~Jr{i~~'i[~'1-C7I~-'ti'-LI~ ~>~~+a lye/-~j.-.r"±<{'[ nt9l~}rg,qtr-,--th4~~r}~r},~'~Ca-a~~e-iiy-}p]re~s-i~lJr]nit-sh-G~1~-a}-;~:y~ig~ar~~#die-r-rye~~a~griyly-a=~~ra-nl~r-tc~ tlli t1~C~':G dk-plA1 (11~1ZVl1~A~4~i+yJ~ VVlllll l'~TJ~JI VL(~Iy yV-~1,~Y.ftC~1L.4 V~LCi~~~~tl~Ci-thV Z~\J(r'y~,y~~y°y"L~S~~~T~Ci~17~15. C7~ , r~ nit-~yy~ V]yVi,,ii ~ •GTS~ iZTIY~•~tll~r~d~~lJ;Llfll 11~1.~~~~1Y5 t 51~y~ ,y._'}yy~Lpyly_t~~ ly~~.1.:A AJ. V V t SJ V ~~111V ' .,1,_L Y 211,(~[vt ~Y ~ ! ~a ! NY I'. --.~y~-.Tl~N~~4'M1ll'~12~~~14111a,~Ilr\1•LT1~-CI~Y-II+SZr~7 1 '13'CifC'i \}1naTTi Ji7IQI~xc "1~-17s.. Jr[tti't":7 ~iT9T-^'~ 1 rex~rl?3$S38i3E'3'=~E13--th£~tt3r„~rrr`YC~ ivrt~l 13r1.f}6~: B. Ihatres: Generalsy::It shall be tl~ac duty of each elepartr~'~„+~~~7-G~iizrien~r--t^ n^+ ^ „ a;,.' ~r-r Council Liaison ~r~e-~ri~~y-c;tatn}c-il-;end-th-a-t-c~rppaa~t; to communicate the desia;es gird interests of the city council to that depal•tnYent, and vice versa, from the department to tl~e. council, all as they shall deem to be in the hest interests of the departn7enyt`}afnd tlae city. It shall also be the duty of each C<nancil Liaison n„~„Lti~..=~ iSLi:1~~I V 1A43=: a. "['o sign purchase order°s and bnd~et: amendnielits uur°suant to the City's Finance olicies; and. b. To assist 1~is-~~-p~~tme~t te~r~>c~~ri~[ the :I)et~artment Director, as needed, to develt>p a ha.adget for the ensuing fiscal year; a~1d c. =I'e-a# on~ti~-~~;~thly--l3asi~-as-13e:•f r~,-~=r-s~Ln,-tl-rE:-sta~u~E~i~t-hr--rurr~~-nt 1~t~:l~-t-t~-f hip-drprrr~~t-:To review financial reports of the assi ned department; and d° ~c~--E1~>p#{}~v`~---a"r~c~tc~3=y-trim.~i-['~r~-'s~tt~3i~1--13i5- "~1G-l3~kd~ut •,rITVV-r=ri-cc~'E'--nE3t-i-a~ ~~rrs~-~,==r-Y~1=~=nc-heel-delhu~-~~18}:'I~o assure denartanent's compliance with the adopted financial policies and practices of the Cit~and nT`~rNUMt;N~rs ~rr~ Nit~;au[~r~~.i crrv c;oi~f~, I-7-2; 1-7-b; 1-7-7; 1-7-8 - 2 aa~ 7 '~ {~ 1„•;~, +„ tl, liijHtl~~f-Vflt~-~}~'~}~-~1c"1T-1"'r~Lifi C: •1--~v-}rnr}~rl~---car-Lriv~-t'Jµv}-yak}r~ay~r~r-~s.c}I'-et~3(~)r{)'VT /v ~~~~}~y (~)(~,a ~, ry1 -( ~~t.4 1.-}(-~}y/ }-]{ ~'Y ~~L~i~1~~I~ltl+~illLlll. ~l ~~.~d~~43tYY A{ [a fll`Y 1Ca i-1 Li A.illl~U l~l''1~1 C~1.•~-~-`V~/~~1""`'"'. illl-~~ttf~~,f~~i~i~`-tiY~€3-1"~-G's~1~lE~~-E~rE-}~r~3844~£~-tH "~'3~ 113i~f~~-tt3-~i~fi~11E~3'-t~~k~i~iii~~lt-: -~E}-E~11'-C-~t-~1iS-E~~H~~}3t~r~'2E33-~ z'~i3C ~~., n ~-~'B-bG-~{1,1~~ii~r-~i3-c`~13fi-t~s'zrx~i~,' i-cic~-"riiii~t;.;e~-t3t--tl-i "cam=-C-E)tk2~16~1 it11b @r S-iiilE~-t13~`--~~~"" llrz~-~ cl,~•, , ~'ri~6--rLr-E~13~i tcnir+i--'cizpsc`«2~E13~ jy L •-f(,r„, r,,,r,l,-Eit~3~-~(~~tt-1(%:i'-Y~43i~`~.f2f~-$I~-b~l nl+~..f~~~c~i'~llc~azc'tt'.ziTic' g1:~'y}"'1~}lf-'i-1 c]rtZl .J u vl a •+.,,n + ~;~n,a_!}1}d-{}tt~-G(?i~113~1-s:41$i=tfr S1`Fil~~l•-E~~e't?i"13-tf3-~3C-~'it1~~38it2-~'~ 1¢}~~}g-()_ ~~1=}~}t~; -~}~}~-~~}t~=211=1-~11f~-~-}£~~€-'i'-cr'cz~-iicii'lcir~rt~tE'-~-1~~-C-E}~l-nf:i~ r 2~r-#~~n3i~~2~e: Tl~-d~a~t~-~e~tx'~t,rT~.'.-nl,ali ~v4tlu~t~kt~-cam=tom l~a~i's-~~r-4'e~n3ar}ee~-<>~l--a~'2-at~t~2t2al--basis-~e2z=kl~~3~se-~>#'-c-k~t~r~~221t~1-t-t-lit-tlc~}3artt12t lid's-~-le~vv~l-fer--the i~2~~t~r-'~-b~td~ C'. Tern: Council Liaison assi rn2nents sh~11 be made annually or as heeded if tliere,i~s a vacaltc~ l~~t~-~i't~-c;eul~.e-~~ ~,n,. ,~^ : ^ , ~r~-b~-;-tom ~'{3}'~F}~2~'~'.fY~:Ti~~~"~~ nnn~ti r~cv •r rs~n+ n~. `,{~t~~"'ii"'C~~~]~~&~~t'f1~2~~~~~~~51 ~-'Y1"Yei i,.~Lj~i [7 ~Ll C~~JLl.I L lil VI E:(32't231?i~El£-~11"2~t'-5~2~ t~l~-~3~C-sl f ti , ,* t,l~-1T-k~~~ill--3£~(;E~3922-A-~2C~~e~Cf:tlE31i: ~:~~~2E? (',ki~`-ic^rriin°i~9iC-3t2.€~r--`.s1li~1(~-S@~I¢~~~' `ci/s~-~cyc^~ iii"3src^r'rr~`~"~2-~[-}i~~-~'21~~'^rV,'-([Eslt~3i~23~~1[~[i~1i163i£2=-iii SJV LLVt~hVly Y.~ va Faav `~~.1~1~~1~-L~L31{ •/41c1. 4• ,['~ ,,I~~l3LtVll 1111U ~1v~~+\i~t~/lA~ -~y~,3€'-EE}tlil£'i-~-~}2"€?-S~C~i-'-}}t 7i-~rrsr%9-kii*'i v"r-L~'~~Y~ ,n 4c~I~LZi~~ZCr^~.-cr'r}El-of'~it~X-Lgf-1~1~-t~l~~L,~~}t113 ~~~ ~E-~ YY'3~'i"~7~'2~'~~s, n_.rrr-c~_rrni,~cai rI2t"CIZ t'Yiv_"~3.#GCti"~•Ll'~~'iC~"2~4 ~Y ~~~~~~~lv~'.~'-~2~2V~'bL~2~"_'t'{Y'LLL-f."'T:~S7"CY'k~' ~62''E'.CIC?~3'-~3i1'1"r2i3f~'2~tt ()~=re~I~~~t2"'ifv ct%~r'~'-r'~rei2v'€.`:ki:}ti`r2b 8f3r2~2i~i~;rlc; zt~r-~Ai--t13~~~rltti3l~Tlt~-~(31''s~131{rli-11-~-~'~~&S-S€z~-F'ft1~-£~tb~'-t-li~3i~9!r--~f.4£?a1 ~%-~i}~2Ca'j3t'9~E~t12'°v~crr^" `cS•~~nn+•rvn .a .. ~r~n1 • nI n •,vii ~'1"inc~irin ~} G~ivvimrruut,t vlvv aJT?'-~~?r'?-!~~~~1°'i` E~t~,-pil~ll-1£22t-S13it ~' ~',,,, A „~'+1 'c, .,r;,,. 7 ~rl, .,f,t~ ~l -;il/t~~l-i~2-$~3:'s~v~rl-r t-vrcr'r'r 2; vvz x.-: Lrlei- cri-riva i9tG~z-t'(;i'r'Il s2r',,,vr~i r`i~163~2inilt~£~~rtE2--s£'-1-Vt'-ter-t12f~.-132:iE?I ct1Y-vrrririrss;ravxic^.-s~:s-i'xvli=1ncl~~E1 te-;~r~ze'~~;ain: section 3: 'l~hat Title 1, Chapter 7, Section 7, of the Meridian2 City Code is amended t(2 read as (allows: l -'~-7: RI1LE~ C)F PRC~C;EI)Ula[?, ~'CIIt PLIBLIC~ IIEAKII~I~S: ~1`he following rules are hereby established, shall be obsexved in the conduct of any public hearing noticed an the=~encla before the City.. C"ouncii c-Its-~~~t~=~c-~l, an~~ shall be lttrawn as the "Meridian rules of procedtue for public hearings": A. Sign Up To Testify: ~iAll persons shall be permitted to testify or speak before the city council at a public bearing ~~sbut all such persons that have }~}t~c~-l~i~ n~..,~, ~rovicfed their Hanle and ~=ri#~x-hls residential address +~~I~~Y~~Rft~r un signup sheets for each In2blic heaa~ tie provided by the city shall ha~je ,priority to speak prior to regtresti._~additional public comment fYOm other AtvfL;NDMI;N'I'S TO Cvff;RIDIAN CITY CODE; l -7-2; 1-7-6; 1-7-7; 1-~7-8 - 3 OF 7 members of the audience. All parties shall be require°.d to state their name and address far the recard hi addition to the signup sheet. This r«1e shall net apply to staff or technical tivitnesses directed by the mayar to give evidence or information to the city council. B. Recognition :By Mayer: No person shall be permitted to speak before the city council at a public hearing until such person has been. recognized by the mayor. C, Record Of Proceedings: ~ 11 public hearing praceedings shall be recardecl electronically or stenographically such that said praceedings are capable of being tI°anscribed, and all persons sp~akiing at such put~lic hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate. The mayor Inay ardor at any time that the record. be transcribed. If'a }3arty other than an official of the city requests that the record be transcribed, he shall so request the mayor to effect such, and all costs of preparing the transcript shall be paid in advance by the party so requestilig. D. Time Limit Far Speakers: In the notice of the public hearing or at the commencement of the public hearing, the mayor may establish a time limit to be observed by all speakers. 'C'he time limit shall be established de}lending on the number of speakers who sign up far each public hearing and shall apply only to the speaker's comments. The mayor n7ay else, either in the notice of the public hearing or at the close of the hearing; indicate that written testirnany shall be received and set a date and time when such written tcstimc>ny must be submitted in ardor to be included in the written report. 2~. T~-.tna-.•. i+-~+i nv-. (lf`~~r~~.LlliliY-.f~~~8h~"t~ILCC't: "T`X~n c!v~nr~~>nv a~~"~L't3~`r~tf1:'t7~'ti "~t~ir-+.~rw+nr~ -G~<> v-.~n~~v~~-.nrn n~+~~~'"f:i~y,..{i~Ur.ni~ i wttti~ a~rn 4vr-~~a ~i~v~i~~SVr~a.ts nvw~r.nr~nr~ n~~~ i7s~4~i ~,~~'~Y~ ~'v~:~.l.Ard t,;r, t.t.,t~'i~iL3~~2~ IF. (~uestionil~g Speaker: At the conclusion of a speaker's comments, each city council member, «=hen recognized by the mayar, shall be alla~~recl to question the speaker and the speaker shall be limited to answers to the questions asked. 'The c}uestian and answer period. shall net be included in the speaker's time limit as established. Fem. Compliance With Rules: Any person not conforming to any of tl~e above rules ma}= be prohibited from speaking during the public hearing. Should any person refi~se to eamply with such prohibition, he may be removed from the roam by order of the mayar. GTI. Suspend Ur .~1.Inend :Mules: The city council may suspend or amend any one or mare of these rules by vote of one-half ('/2) plus one ofthe filll city council. f1i'vlEt~'DA4ENTS TO MI/-tII~IAN CI`T`Y CODE 1-7-2, 1-'7-6; 1-7-7; 1~-7-8 - ~ OF 7 HMI. Interpretation (}f Rules By Mayor: 1'he mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the city couctcil, whose decision shall be; determined by a majority vote of the council rnembcrs present. I;l-. Absence Of Mayor; In cases where the mayor is absent from the public hearing or where the public Bearing is before a duly appointed hearing officer, the president of the council or presiding cotlnciI member or the hearing officer shall fizllill the duties of the mayor described Bereinabove. Section 4: "I"hat 'I"itle 1, C1lapter 7, Section 8, of the :1Vleridiau City C~'ade is repealed and replaced to read as follows; Y_7-~: PI~ESII~~~',rdT AI~1:1~ VIC:F PT~I+,~;II~EI~T ®F CI'I'~' CUI~I~.:Ci.a: The ~~,I~r~~il,,.1t ~t.ld vi~sicl~t President and dice President of the y-~t-tn~i-1 C Council shall have the f<tllo~ving duties, rights <tnd obligations: A. President: 1. Election: The city council; k~y~-tY3~--n ti~rt-r, shall elect a city council member to serve as rite p~id~r~tPresident of the ~-~t~n~C'ity Council. Thr; vote shall be a majority vote by the city council. The vote shall be at-the--s€c;-~-i~it-n~.~-~~g of-d~€~r held in Tanuary ev,_ try.~ear. `I'Be city council rnelnber nominated to be elected as the pre;-siel~I}t President shall have the right to decline the nomination, and yy~~~y~7,,App~-ri lY-.. ~, }~-~~'n~ j~ t~~jt'`e~.,-}a~yl~p[Y,-[a~~~j-e~-t-hi°~-c~o~~~:,.,,,r~r~y~,:~~.~t`ri,~,};ice; :++r„ ,, ,ri„°r III~lI~V4'1~ rir-Z:ivS1 LIIIii1~~k7~i "~~~: CSid-'C~~ ~:1"V l'~I~L~NCTC%I1 ~IiTS'1.l call~t'Y34 1F®LG' -h~tn nY4<~ i, .,.1 :5hc~~~-~~Iz}l~-c~1Hth~crzri~Tr'iii2i~t~E3i1 t~dd-th£~~-~rlii~l-~-C$i3~J~z -' _"- -sccc co~dv- ~ i=21t3T31-~~r-3~S--~-I26tt'El i~!rpii~-S}EI~FIt: 2. Term: `The ~~ntPre;sident shall serve a one year term. `:T'lie City Council may select the same council member to serve co~lsecutive_tei°Ins if t17e~4o choose. I:Ce may serve two (2) consecutive terms btlt not more than two (2) consecutive terms of.' one year each term; a council member may serve: as Prk~ President again but shall not seI•ve as pr-n~~ President for more than two (2) consecutive forms. 3. Duties: a. `The pis-i~nt President shall ltavc~ the authority to, and shall, act as the mayro~• of the city during the absence or disability of the mayor until the Inayor rettn•ns, as redtlired tinder Idaho C;orie section 50-6Ct~, anal . ~1~iN Vllt 111Z.T1 ~Tl-L Tl'- tT~• .~.. i'•11.~~' J ~~~,,,,~ . °.~ ~ ~v€trrants-it~,~-th-th~r~th~y ~~ t-r~c y{ ~f#=~€;-r;s-~ urstrarit to Idaho Code the Co(Ju_ncil President shall, with the assistance of the Mayor, set the Council agenda, and _ _ - AivIENDi'~IENI'S'I'O MBRIDI,EIN CI'I'l' CobE a-7-2; 1-`7-6; 1-7-7; 1-7_g - S C?I' 7 c. The Pr-~,srrtPresicient, v~i~i~-~;it~-eel-e-ene;,,.~~,;~ ~1~.,T ~ + . ~~ • ~ t v V' 4111 V,J 4L~. C~'~ £~n{-ii~-~E}#~-~~~}C~~E3t~ 1~-i~i^trrc~i;c~_urid__"~t~c„~~ ~~ ~• t~r E(l~}23E-~-1-i~3f-~£%tiri ~r ~H~-sl}c~ll-c ~ r.+ 11 +i.i 1.~~,x,,~~ ~ g "t4s~I'~-~it~t~~o-~'#3~ e~a~n.E`} ....zili-E3f-tl~~£-~t~ ceu~il-a#f=~s~shall have the authox~it to ap Dint councilmenibers ~s de ~rtmEnt liaisons, pursuant to Cit ordinances• and d. "The president of the city council shall a~;tzi~~h~i~~~t~w-they- ~~~,~;-1-- h-~a--i'it3~ut*""icy-n~~Tlsl-at:i-v~~att~rs;represent the City Council as ap~opriate in all other matters• and e. The President of the:. Crty Council and the Mayc>r shall confer annuall~deteiiriine if Cauncilmembers should represent different sections ~f the C`itw. I3. Vice President: Election: T'he city council, by their own action, shall elect a city catrricil n~enlber to serve as the -pr€~d~~ Vice President of the city council. ~=h~-~~t€~-s-ih~--'ham o-r~t3~v{~t~: ':I'lie vote shall beat th~seeend-~i~y-~trncii=~~~ held in January ever~~r. I#~-thy-cetin~l~ar r~nriEk~tat~l }«~o--v-'.-.,~t~,d ~{~ r~s{=-1~rosi~xt-i-s n~-=~~c~-1~`-tl~~~}~t-Iii--c;it-y-e-~~i-1-s1~a11-~-alp--an~~ -t~at~.n~ izl~t ..,tl~~y-shall c,.,_n~~nat~6«T d°~sn~„i-1-1-n-t'~i~erl-~~e~~=it;-,~1-e~t~d-'~.~~~-s-i~t~T'he cit cotinci_1 member nominated to be glected as the President shall have the right to decline t1~e nomination. 2. Acrtharity: The v-ic-o~~entVice President shall have the authority to, and shall, act as the ~i{i~t President of the city council during the absence or disability of the „"~ntPresitlent.:[f bath the mayor and city cor~ncl ~id~tPresident ai•e absent from the city, the ~~~e~resi~lentViee President shall have the authority tc), and shall, act as the mayor of the city during the absence of the mayor and cotulcil ~e~itl'~~c~sident. C. £~th~-~atiti~s=I'1=~~--pt~sid~}t-arx-l--tl~~-~rosi~t slktll: lara~~-d{tti~s-,-e~h~-tom thosee-i-~~~r~fi~~~ue~,-~ak)ovet~d-key-tl~or~t~}: Seniority: 1. In the absence of'the President and Vice President ofthe ~it~tu7cil the senior member of the C".ity COUnciI sha11 be authorized to act in their place_ 2. Seniorit ~ shall tie deterrnirle~~_tlle Cotulcihneauber's years of service of the City Council.. In the event the time of service is the same then it can be determined b~ coin 1~rtr, section 5. That this Ordinance shall be in full farce and effect beginning on the ~ _ day of _ -- , 2013. AMENDM~N"I`S TO Cvil.?R1L)lAN C'IT'Y CODfi 7-7-2; 1-7-b; 1-7-7; 1-7-~i - 6 C)F 7 PA~~1±;1) by the City Cauncii of 4he City of rVlez•idian, Naha, this `~ clay of r~ , 20:13. AI'YR(7V~+ D lay the Mayor af' the City of Nier•idian, Irlaha, this `~ ciay of ~ ~ } ~_~_, 2013. APPY2UVI;1); TAIVIIi~'Y WTI+1I2.D, NIAYC~~t AMI~M~ivI1N'T'S'I'~ MERIDIAN CI"1'Y CC)I:7T 7-7-2; 1_7-Ci; 1-7-7; 1-7-8 - 7 OI' 7 1~C?TC;L Al°~D PI).13LISIIFD ~IJMAR~' f~F C}KDI~tA1~1C>~~ PURSI1AI~t'I" T~ I.C;'. § 50-901(A) CI"I"~' C?>F' MERII)IAl~I iJRDINAN~I+, ~T®. 13-R~. a . An Ordinance of'tlle City of Meridian amending Title I, Administration, Chapter 7, City Council ofthe Meridian City Cade, far the purpose of amending 1-7-2 Qualifications; 1-7-6; Assignment of Department Liaisons; Duties and Terms; 1-7-7 :Rules of I'racedtue afPublic Hearings; and 1-7-8 .President and jlice President of City Council; anti providing an effective date. A full text of this ordirlauce is available far inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. ' `leis ordinance shall became effective upon the passage and pUbllCatiarl, ~~~~~,~can hv~;,ys,~ U~ f ,~ ~ .,d' 'mow -a.....___.... C;itY c~; ~.~ ~„ ti~ , ry _~-_.... ._ f;. 1~~- ~~a y o ~ Tictran '___.~ ~ 4., Ii7 A.Mb d' l~ ya~:. nd City Catrncil ~~, •- ~_~, .-~ .w Fay: Jaycee I.,. Halmat~, City Clerk t~1rFS>, U~.:° 1 b "axn~3 F. h ~' First Reacting: ~_~~, ~~ ~ ~ ~~ Adopted after first reading by suspension of the Rttle as allowed pursuant to :Naha Code §50- .902: YES ~ NO Secancl Reacting: ~----- ':I`hird Reading: _ ~---- ~TA'1':EMEIV'>C' C)F' M~±,RIDIAN CI I'Y ATTC~KI~tEI' A Z'6~ ADE€~IJACY OF SUNIMAId Y (~F ~Ia:[>INANCI+~ ~1C~. 13- 1~~~ ~ ~~ The trridersigned, William L.M, Nary, City Attorney of the City of Meridian, Mateo, Hereby certifies that he is the legal advisor of the City and leas reviewed a copy of the attached Ordinance No. 1.3-_ I ~',~ ,.~~_ ~___~ of the City of Meridian, Idaho, and has found. the same to be true and complete and pravictes adequate notice to the public pursuant to Idaho Corte ~ 50- 901A (3). DATED this ~ _ ___ day of ,tune, 2013, ..-.. m m ~ ~ °~ °-=tee _ ~.~ _ _ ~~~.. William. L,NI. Nary City Attorney `°.~~ C)h't)rrrlltvr,E SUIvfMARY-AA-1Citi'BMPN1"'r'(7 MFR1C)tAN C;t'I'1' CODf~: `I'ITLI 1, ADM]NISTRATIaN, CHAP'I'8R 7, CITY CaUIv'C:tL ~ ~~- ~ ~ ~ ity rtil tint An Ordinance of the City of iv~idian Amending Title 1, Chapter 7, Section 1 of the Meridian Code Regarding the Number of City Council Seats ~111EIETIIVG NOTES Community I~":f ~~~7IE ~r~~+~entations Presenter Contact Info./Notes ~ 'r' .r =~KS OFFICE FlAI~4L. i4CTlON CITY (~F R~IIa,:II`II}IA~I t}RI}II~lAl~1CE rdC}. I ~° ~ ~ ~ {;3 IIY T'HE CITY t't}UIVtrIL: I3II2I}, C}AtiLU~d, I2t}U~TI~I~:E, ~ARI±:M~A A1~T OI}II~APdCI?~ AMI}II~tt~ TITLE 3, CHAI'T:I+,R 7, SF.,t;TIt}li~ I, t)F TF. MI+~RITDIAl~t CITY Ct}AE, I2:TaaGARI}I1~tG 'I':L-[.E 1'~1iTNIBER CJ~F THE CITY CI}dJ1~CII., SEA I'~S; AlVI} I"ROVII}IIVG Ai'~ I;FFIi.t;TIVIJ DATE, WHEItF.,AS; on May 21, 2013 the citizens of Meridian voted to increase the number of C'.ity Council seats from four (4) to six (6); and WHEREAS; the Ada County Clem has certified the votes and affirmed that S82 votes were in the affiririative far expansion and 428 votes were opposed; and l~()W, 'I'I-IFREFt}RE, BI', IT t}ItI}AI1~I~I} I3Y THE 1'VIAYt}R Al'dI} t~t}Ul~1t,IL ~F 'I'HG CITY t}F MI~~RIDIAI~1, IDAHO: Chapte~~ 7 t;ITY t~()U~1CIL 1~7-1. I~,LECTIt}l~l, TI.R.M,S {}T t}FFItVE: A. =i'vvt~-Tl~•ee_~~`ouncil Menlbc~rs Elected At Each Election: At each election hcre;at.'ter, there shall be elected #~-(?)tll~ret~ council members far a terns of f<~ur (4) }'ears, or until his or her successor is elected and qualified from the electorate at large. 13. Council Scats: Pursuant to subsection A of this section, t-~-{2}thrce~ council members arc elected at each election for a terns of four (~) years arrd thus there are #u~n-{-~l~six~ council scats oil the city council; from. and hereafter, each council seat shall be numbered, as allowed by Idaho Code section 50-70'7, and. the city clerk shall assign the fallowing numbers to each seat: scat 1, seat 2, seat 3, and-seat 4,seat S. anti Seat 6. 2. Any candidate seeking election to the city council shall file his candidacy for one, and only one, council seat. The candidate shall meet all other qualifications for the r>ftice of city council member, as required by lavv. . =i*l~i~-eit~-olc:~1~-;-at-t€ia~t c~~~~lx~nch~o~-try=~~-1-2~3)-d~~ p=te-thy-goal-ol~~t~e}=t; shall a-ssi~gn "~.~--n~i~=~~~~~~-to-~'ach-~uil--st'a~~~d--oc»-i~r€~xiug-a-t~hCTeneral city elections shall to-~be held on the first Tuesday fi~llowing the first Monday in November in odd numbercrl_ears, -~~; seas--f-2a~~r~~11-~3€-tho-o~~t~~~~il-soe~-tt~t=~vhio~h-~it~= ~;T,,,,,~i-1--r/~a-nd-it~to ~~ ~t- s-shall-~f~tlc:-~~rz~~~ at-thc~-~~n4~•~1-city-ol~otit~3-he-ltl- i~~~oa~2-ttt~+i-~--sf~~~ll--lie-e-le~:t~~1-: 1.3 tl7e 6 _seats, therefore Seat Six_{C) shall lie elected to a Tour year seat anti Scat hive {S) shall lie ~'~ elect~:d to a two near seat. '1 he~~~eaftee 5cats..1, 3, end 5 shall be elected in the 2015 election cycle to four vear seats a~xl so forth, Henceforth, the odd numbered council seats and the even numbered council seats shall be elected in alternate general city elections in the same rotation period, Section 2. `That this ordinance shall be effective upon publication. 2013. PASSED by the City Council of the City of Meri.clian, Idaho, this '~~~ day of June, APPRO~IFD by the Ivfayor of the City of Meridian, Idaho, this APPROVED: A'I"I'ES I`: ~°~ day of June; 2013. 'I'aninly de ~e d, Mayor ~~~~1~1~ AGrt;{ray,! GO'~ J'9o ,~ ,~ c,ty ~e .. , . Clerk ~/ r `' -~- ,pa"°i. ~~^ SEAr~ r ~~ F'¢'r~ ~ ~.°~ rnr TaE~S~~ j;`~~,,,'~"-!;"%~ ® until MEETING NOTES ~~~ Community It~r~/€~ac~sentations Presenter Contact Info./Notes r~ ~~°.f~r~KS OFFICE FINAL ACTION STATE/LOCAL AGREEMENT PROJECT NO. A013(817) UPRR RAIL WITH TRAIL ARTERIAL STUDY ADA COUNTY KEY NO. 13817 f 1 PARTIES TINS 1~GREEMENT is o f ~,~ 1 , IRAN ORTATZ N BOARD, DEPARTMENT, hereafter MERIDIAN, acting by an. called the Sponsor. PURPOSE a ~~` made and entered into this ~ day ~~~~f ~ , by and between ~ the IDAHO by and through the IDAHO TRANSPORTATION called the State, and the CITY OF ~ through its Mayor and Council, hereafter The Sponsor has requested that the State include in its Idaho Transportation Investment Program, Federal-Aid Project No. A013(817), described as UPRR Rail with Trail Arterial Study. A copy of the project application is attached hereto marked Exhibit A. The project will be developed by Sponsor's Consultant. The purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal-aid participation in the work. NOTE: Securing the services of a consultant for the work must follow the process outlined in the Idaho Transportation Department Guidelines for Local Public Agency Projects. Certain functions under this Agreement are to be performed by the State, involving the expenditure of funds, and since the State can only pay for work associated with the State Highway System, the Sponsor is fully responsible for all costs incurred by the State related to the project for work off the State Highway System. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: 1 State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 1381 7 SECTION I. GENERAL TERMS 1. Federal participation in the project is at the rate of 92.660; local participation is 7.34%. Scheduled funding for this project is listed on the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated cost for development of the project is $85,000. Federal-aid maximum is $78,761. 2. The Sponsor's match for this project will be provided in cash in the amount of 7.340 of the project (currently $6,239). The Sponsor is responsible for any cost of the project that exceeds the Federal-aid maximum. { 3. Sufficient Appropriation. It is understood and agreed that the State is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate the State beyond the term of any particular appropriation of funds by the Federal Government or the State Legislature as may exist from time to time. The State reserves the right to terminate this Agreement if, in its sole judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. SECTION II. That the State shall: 1. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for Consultant Services and any supplements thereto, to be utilized by the Sponsor and Consultant on this project. 2. Upon receipt of appropriate documentation showing expenditure of funds for this project, reimburse the Sponsor for the Federal-aid share at the rate of 92.66%. 2 State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 i' 3. Bill the Sponsor for any federal funds to be repaid by the Sponsor if the project is terminated prior to completion, and the Sponsor has been reimbursed with federal funds for project development. SECTION III. That the Sponsor shall: 1. With the assistance of the State, secure the services of a consultant through written agreement to perform the study. 2. Make timely payment of all consultant invoices throughout the development of the project. Periodically the Sponsor may submit allowable Consultant invoices and receipts to the State showing payment of same. The State will reimburse the Sponsor for eligible expenses less the Sponsor's match. 3. Sponsor warrants that it will repay any federal reimbursements on this project if the project is terminated prior to completion. 4. Upon completion, provide to the State written notification of completion of the project. 5. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Appendix A if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. 6. Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three (3) years from 3 State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records must be retained until completion of the action and resolution of all issues that arise from it. 7. EXECUTION Comply with all other applicable State and Federal regulations. This Agreement is executed for the State by its Transportation Performance Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the City of Meridian. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: T ansportation Performance Division Administrator Approved as to Form Chris Kronberg Deputy Attorney General January 11, 2013 ATTEST: ITY OF MERIDIAN 4~~gATPDAUCVsr. ~~ ~-- ,..® GO ~~ . ~s--~_ ~" ~~ 9~ % / ~'^ ~ • City of ,u ~~i ~ `,,~~ ~ - ~__ ~ ~®AHO m nF Jl,:e["iA, ti (SEAL ) mr~~ ~°~~ ~~~he TR@ASV~"c By regular/special meeting hm:13817 SLA.docx 4 State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 RESOLUTION l 3 - ~~~' WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MERIDIAN, hereafter called the CITY, for development of the UPRR Rail with Trail Arterial Study; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal Aid Highway Project A013(817) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called special (X-out non-applicable term) meeting of the City Council, City of Meridian, held on l)Y1 ~ o~t71 '~ . (Seal) Go44o~pzaonu~~srzl~ 0 c,ryaf ~~~, II7I~ I,~~~. IDlaHO .~ ~. ~'~~ ~ ~~ J ~~~~ °f tAc TAgpS~Q~ i y C ~k ~, 5 State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 Appendix A I~Ton-Discrimination Agreement for Local Public Agencies Title VI Program Organization and Staffing Pursuant to 23 CFR 200, the Sponsor has designated a Title VI Coordinator who is responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is the designated liaison for Title VI program activities and for coordinating compliance monitoring with the Idaho Transportation Department Equal Employment Opportunity Office. Assurances ofNon-Discrimination 49 CFR Part 21.7 The Sponsor hereby gives assurances: That no person shall on the grounds of race, color, or national origin, be exchlded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not. The Federal-aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added in 1975 under the Age Discrimination Act. IVlinority populations and low-income populations were added by Presidential Executive Order 12898. Limited I•;nglish proficient persons was added by Presidential Executive Order 13166. 2. That it will promptly take ally measures necessary to effectuate this agreement. 3. That each program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. Further assurance is given that the Sponsor will comply with all requirements of Title II of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Vocational Rehabilitation Act of 1973. Public agencies are required to have completed aself-evaluation of all their programs and services (including pedestrian facilities) by 1992. In addition, public agencies with 50 or more employees were required to develop an ADA Transition Plan describing in detail how corrections would be made. If corrections could not be made within one year (or 1993), the Plan was to include a detailed schedule of how corrections would be made (CFR 28 35.105 & 35.150). 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Sponsor by the Idaho Transportation Department (ITD) under the Federally-Funded Program and is binding on it, other recipients, sub-grantees, contractors, sub-contractors, transferees, successors in interest and other participants. S. That the Sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for negotiated agreements: The (Sponsor), in accw°dance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regzlations, Department of Transportation, SZtbtitle A, Office of the Secretary, Part 21, Nondiscz°imination in Federally-assisted programs of the Department of Transportation issued pzrrszrant to such Act, hereby notifies all bidders that it will affirmatively ensur°e that in any contract entered into pursuant to this advertisement, disadvantaged business enter prises as defined at 49 CFR Part 23 will be afforded full State/Local Agreement UPRR Rail with Trail Arterial Study Key No . 1381 7 opportunity to submit bids in response to this invitation and will not be discr°irzzinated against on the gr°ounds of race, color; national origin, sex, or disability in consideration for an award. 6. That the Sponsor shall insert the clauses of Attachment 1 of this Agreement in every contract subject to the Act and the Regulations. 7. That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1, grants and loans of Federal funds, 2, the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such properly without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be served by such sale or lease to the Sponsor, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. ~~' The Sponsor shall: 1. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Sponsor's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately implerent the civil rights requirements. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the date the complaint was filed; the date the investigation was completed; the disposition; the date of the disposition; and other pertinent information. A copy of the complaint, together with a copy of the Sponsor's report of investigation, will be forwarded to ITD's EEO Office -External Programs within 10 days of the date the complaint was received by the Sponsor. State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the Sponsor. 7. Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by ITD's EEO Office. 9. Participate in an annual review of the Sponsor's Title VI Program, the purpose of which is to determine to what extent the Sponsor has complied with Title VI requirements including the ADA. This review is conducted one year from the date of approval of the Non-Discrimination Agreement and then annually on the same date. The format for the Title VI review will be provided each year to the Sponsor for completion. A determination of compliance will be made by ITD's EEO Office based on the information supplied in the review. This review of the Sponsor's Title VI Program may also include an on-site review in order to determine compliance. Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as ITD and USDOT. The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITD: a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). c) Basis of complaint (i.e., race, color, national origin or sex) d) Date of alleged discriminatory act(s). State/Local Agreement UPRR Rail with Trail Arterial Study Key No . 13 81 7 e) Date of complaint received by the Sponsor. f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complauit has been filed. h) An explanation of the actiaris the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office -External Programs EEO Manager PO Box 7129 Boise, ID 83707-1129 208-334-8852 Federal Highway Adminish•ation Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 208-334-9180 Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any filrther assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that maybe deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor; 4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: EEO Office Appendix A revised: 03-09, 08-10 State/Local Agreement UPRR Rail with Trail Arterial Study Key No . 13 81 7 Attachment 1 This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated Regulations. During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a conh•actor is in the exclusive possession of another who fails or refuses to furnish this information, the conh•actor shall so certify to ITD or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: ® Withholding of payments to the contractor under the contract until the contractor complies, andlor; ® Cancellation, termination, or suspension of the contract, in whole or in part Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procureient as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request ITD enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 Attachment 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Idaho will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation ITD (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Idaho all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Idaho, its successors, and assigns. The state of Idaho, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the state of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.i Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. State/Local Agreement UPRR Rail with Trail Arterial Study Key No. 13817 ~ , ~ ~ n: ~f,~~~ +GC3MF~,AS~ F~~~31~ `fr~r~~p~rt~tic~r- Al~~rna~ive~ ~rt~gr~~ Appli~~tior~ Application is limited to two pages, not counting letters of support. f Include Resolution, ITD forms 1150 and 2435, and a location ma if a licable. Name of Pro'ect: Rail with Trail, UPRR Boise Cut-off Total Amount of Total Amount Pro`ect: $85000 Re uested: $78500 Contact Information: :~ N. ame: Tim Curns Aaencv: City of Meridian Phone/Email: 208-489-.0342 / tcurns@meridiancit .or Does this project Yes, ACRD will need to be a partner as the crossings will occur include other in their right-af-way.. They are not, however, needed as a direct partners? If so, financial partner: Also, future phases of the pathway would who? connect to Nampa and Boise. We have discussed this future extension with those a encies and future artnershi s. Please brief) descr ibe our project: The City of Meridian is interested in constructing amulti-use pathway alongside the UPRR line. Thera are seven arterial and one collector roadway crossings within. the corridor. For the pathway to function effectively, safe crossings of the arterials must be developed. The City needs assistance iri evaluating design options for the safe and efficient trail crossing at roadways, before proceeding with the remaining pathway design. This request is for the costs to hire a consultant to do preliminary engineering of the multi-use pathway crossings at roadways. How is the ro'ect consistent with Communities in Motion? This pathway project is in direct alignment with the vision, and many .goals and objectives of CIM. As called for in Chapter 3 of CIM, this project will provide a new option for safe access and expanded mobility choices in the region. More specifically; CIM Objective 1.9 looks for additional travel choices in the region for all people, including youth, the elderly, persons with disabilities, and persons of varying economic status. Further, in Chapter 10 ofi CIM, safe infrastructure for vulnerable users like school children, bicyclists and pedestrians are needed. CIM clearly calls for more travel options like transit, bike lanes and walking paths. This project addresses those needs by directly serving non-drivers, youth, and those of varying economic status while providing an additional safe mode choice to .everyone. This project will also positively influence the jobs/housing balance issue. There are several dwellings and jobs near the rail corridor, making access to jobs and traveling across the valley to/from work easier, Consistent with CIM Objective 1.3, this project will expand capacity and increase efficiency of the transportation system by constructing a new facility that will relieve congested corridors and traffic bottlenecks while ensuring a connected regional system via the rail corridor. As the rail corridor .generally runs east-west (the dominant commuter directions) and throw h the "heart" of multi- (e established nei hborhoods and.'ob centers, several Page 1 EXHIBIT A of the adjacent arterials should benefit from -less congestion. This project should also help the region get to its target average mode split of 5% of all trips (CIM, Objective 1.4) There are no expected environmental impacts associated with this project as it is within an existing freight mobility corridor; it should not have any negative impacts for people, cultural resources or the environment. One of the key Density and Design Principles of CIM, to: "Connect people and places through a complete street network that invites walking and bicycling and provides convenient access to bus or rail" will be realized by the construction of a rail with trail. Not on-y will people and places be connected, but they will 6e connected by a multi-modal trail where walking and biking are the dominant mode.. Further, as the bus system is expanded and the rail line is used for mass transit, the pathway will provide convenient access to bus and transit stops. In Chapter 6 of CIM, health is recognized as ari issue for the region. This project may help with the overall health of residents as it will provide a facility for potential motorists to leave their car at home and instead use human power to commute as well as recreate. This project is not about Meridian acting alone to build a pathway, but rather about multiple communities working together toward solving regional transportation demand issues identified in CIM. Are there expected environmental impacts associated with this project? If so, what? No, none. Is there support for this project? (in the Boise Urbanized Area, please attach letters from supporting agencies or organizations. *Areas outside the Boise Urbanized Area, list agencies or organizations that support the roject.) See attached. Is the project specificall included in plan? If so, which ones ? Yes, the City of Meridian Pathways Master Plan and the City's Comprehensive Plan. How does the roject benefit .the existin transportation s stem? This project will benefit the existing transportation system by providing an alternative route and mode for commuters. It will provide a .better balance of modes, addresses the needs of pedestrians, cyclists, motorists and rail/freight traffic to create a safe arterial crossing for the rail with trail pathway. *Projects in areas outside the Boise Urbanized Area will also be required to prepare a full application through ITD. T:\FY13\600 Projects\685 TIP\1418TIP\2014Apps\COMPASS_TA_Program_Guide.docx Page 2 ~~'li'II~ ~`I`I"~' t"(~1i~~.,s III, ~-;~t~~1tgP.~I~d',13~D~I+~, ;r~~~t~lrt~x~ i~~T.`;J~'I~hd P~~~IY~G `T~F ~dA~t~ 1~,r"l~`T-~ T'2?L SIT` r~I'Pi~1~~'TI~~ »+~~. u~~i~~>a~r~ ~~ °rxt~ ~~;~~~ivi~l~~ ~~:fA~~~~t~ ~~nc~>•~~rz~~ ~~° I1`TIi~"~)v`[' CI3~~11~J- {~I~'II['r~~); ~~>('>t I~~i='Il~I~ ~ I,~~r.~L ~°~~T~IE~ CDI31.L~r~'1'Y~P~i r'1I~1 ~1~C~~i~ll~+~~ ~ ~.k~li+'~~;TC~'E I3t~`TJ~;. ~~~i~r1~>1±;~~.} 4he C<ty cif ~~eria~i~~n Is ~ ~nut~lti~~~l e~irpn~~~tit~c~ esC~i~~lish~d ~tarsla~rik kc- tl~~ E~ti~~ ~t'th~ ~t~it~ ~t Ici~tlitj; ~n~f, ~~'~~~~~, ~ ~~~~~S.S is ~ us~~~i~tic~~~ cal" lt~ctit ~c~~~t°tZ1~iYtt~, ret~ttired try tote fetler~l ~c~ve€~yriierif, ~~r~t`ii~ <r~; t~7~5 tnetr~~ttlit~€~ ~I~~r~f~ir~~; c~r~t~rii~,~iic~~~ fat° -tt~rll~et=n Acl~ t_',ctt~nt}` tt~?cl ~`an~•czn ~°c~ut~la ttl, ~'~~I~~I~G~~, khe t~'ity ~~~ ~rl~>riditcr~ i~ s~~bmiiiir~~; `i`rt~l~p~~~ti~,f~. 1~Iter7~~~ti~~c ~ira~it ~11~~iI~4:t~tiun it~~ ~~~7Ivt1'~,~`i l~~w• 1lir~dii~~ t~i~nscl~r~fi4)37; ti;a<l, 4~V13~i«i~l~t'~-~, ix cl~~fsei7 (~7r the ~t•~nk ~~~~~rd, ~k~ €r eas~dific~~~i i~l~ (h4 ~:re~~~Xtx fhe r~c:i~i~ttl ~~~t:~~t ~gr~~ tca provitfe n~~kcllitl~ ~~u~d;; in tli~~ anYtur~Y t~l` 1~~~'~-u. I~IC~~~', 'I`['i~+,1~~~'~~>~~~+:, 81,: ~'I' ~~FJ~C~~..~~'$±~1} I3~t` T1~F ~'~1~Y~~1~. ;~t°~t~ ~'~'1'~' ~;~JI,+~IC'.II3 t7i° TF~11 ~'IT1' C7.~` 1V'[PRII~I~Iti C'I`~'3', ~1)r~Tl~: ~e~iirrn Y. That tl1t~ C;'.~iy ~'c~ni~ci6 c,~'tlac ~it~^ t~f ~~€~ri~iitt~t Itir~b~r ~~~1>rus.~s 11it l~~til vwitli 1"rz~il ~r~nt t~p~~(icx~tiorl fr~~r st~htnissic,tYto ~ty~•il?~i~S, ~t~ctis)~t ~-. `I'hr~t the ~:~t}~ ~'Ciurieil cf the t~'.t;~r Qf' ~1~Ierl~fittn heret,y~ ti~,re~s t~> ~arc,~~rd~ ili i'~dct-~Il~, retju:it~~t~ t~tttt~l~ ~~.rne~tF~~t ctf 7.3~~~~ if e~l~ca~~~r tt~r t;ic. l;ra~i zt~~u°d. ~~~9i~r~ '~. Tl~ttt iti~ Rz~c~ltitir~~5 ~li~ll lac; in (till l~rec t.~r~d t•11't}ci €-i~~it~~li4tlt;)~• tz~c~rt ify ~cls~~tinn ~3~d al~~ec~tifai. ~4~~P~'1F1.~ lay= te~v f~'it~ C`ottttt.il of the ~'it~~ eY il~l~r~tli~~~, I~~Itrl~+~ tlti~ _ da~• a~' 1'~It~~er~7.l~~:r; ?~1?. ''~- ~il'>~'I~C!`~Lll by tlit~ 1~=ire}=car c~~'th~: ~'ity Erb tvi~riditut, Ici~llt}, tE~s ~ ~-l~ry ~~ tiTCSVe~~~ht:r, 2t?1~: -- ~` r`~h`~~~~~~'; ~~tti~, r ~- .- ~~ __ .4Y~j <' ~ ~~ ~; .e o1t77<tn, _. ICS C'.It~r ~~ ~Ib1NG f"`°.r E. 4 ~_ ~+x !tl ~~~~ C~T'~° ~~r- ~'~~~[~5~;°ti.~ P,~iR'r t ter t ~ ~ 1x1 - :.~:>~ FZoUncJ E~11ft7~tsS Ct} ~J~`cl'e'al ~1>IJfl43 i 7 f~?1~~9 2 =~~~ise ~u~=off, hl~~i~1~~f`~ 1C} _. ~~- ono G_~da fltsni ~~ ITD 2435 (Rev. 3-04) Local Federal-Aid Project Request Instructions 1. Under Character of Proposed Work, mark appropriate boxes when work includes Bridge Approaches in addition to a Bridge. 2. Attach a Vicinity Map showing the extenf of the project limits. 3. Attach an ITD 1150, Project Cost Summary Sheet. 4. Signature of an appropriate local official is the only Kind recognized. Note: In Applying for aFederal-Aid Project, You are Agreeing to Follow all of the Federal Requirements Which Can Add Substantial Time and Costs to the Development of the Project. Sponsor (City, County, Highway District, Staie/Federal Agency) City of Meridian Date 11/27/2012 Project Title (Name of Street or Road) Rail with Trail, UPRR Boise Cut-off F,A. Route Number Project Length 5 miles Bridge Length NA Project Limits (Local Landmarks at Each End of the Projeck) SH 55 (Eagle Road) to McDermott Road Character of Proposed Work (Mark Appropriate Items) ^ Excavation ^ Bicycle Facilities ^ Utilities ^ Drainage ^ Traffic Control ^ Landscaping ^ Base ^ Bridge(s) ^ Guardrail ^ Bit. Surface ^ Curb & Gutter ^ Lighting ^ Sidewalk ^ Seal Coaf ®Planning Estimated Costs_ (Attach ITD 1150, Project Cost Summary Sheet) Preliminary Engineering (ITD 1150, Line 1) $ 85,000 Right-of-Way (ITD 1150, Line 2) $ Construction (ITD 1150, Line 16) $ 're(iminary Engineering By: ®Sponsor Forces ®Consultarit Checklist (Provide Names, Locations, and Type of Facilities) Railroad Crossing UPRR, Boise Cutoff; Meridian, Idaho; Rail freight corridor Within 2 miles of an Airport Parks (City, County, State or Federal) Environmentally Sensitive:Areas Federal Lands (Indian, BLM, etc.) Historical Sites Schools Other Additional Right-of-Way Required: ®None ^ Minor (1-3 Parcels) ^ Extensive (4 or More Parcels) Will any Person or Business be Displaced: ^ Yes ®No ^ Possibly standards Existing Proposed Standards Existing Proposed Number of Lanes NA NA Roadway Width Shoulder to Shoulder ft ft Pavement Type NA NA Right=of-iNay Width ft ft Sponsor' Si at r /j Title /~ ,dditional Information to be Furnished by the District Functional Classification Terrain Type 20 ADT/DHV ~ ~ ®®~ ® Yv !!~~ jjy~-~ ~y d E ~ H ~ .~ ® ~ f d1 .~ t~ .~- 9 ,~ .r ._:. _,_.._ _ yr ~ ~ 1 i a _? f 1 ~ f i ': f ~ 1 i i ~ i , V ~ _ .... _ a 1 u~ P~! ! 1N, .~ ~ _ . 5 Ut I ._~, ~~ 4J [U.. ~I I ., l_7 C t ~ j ~ I i I j} i E'- {~ ~ ~ :~~ I :~~ } ~ +I -_ .~ >j, ~ ~ z , ,~ ~- ~ ~' 1 ~ F [}\f ~~ry C}'~ ~ •U S i~~ ~ ~~ u ~" tom, ~ ,j` ~ ~ t ~ s; ~ ~ , ( }? i j i i r_ .. .' 'tl'~ j p~ u~[pi~ayj ~ ~j ,,. ~ ~ L.. ~ ~ ~ C ~ Q1 ~~-yy . Y^..I~~I.J1~ ~ ~~ (~...... { ~. ~ ~ i C ~ Y t i ii '°~~1 ~ ~r its ~_ !': ~' .,. t;: t, r i "' t. ~ ~{', PJ ~~~ ~i~~18 S ,, fff T . j~ ~ 1 ~' ! - 4 ~~ 1 t ~..~ 1(;;'~t ~`it.rf~`,; 1 i ~ Y, i'};c;;e (LtJtsJ ~~'_~ t;tl;~tj 1 ;, {.2slgf tt(Ytt-t~~f7f b 2iti C` Cl;tir:t 7A~, `;trite A s ~(~ntlar,, Iir 1 t.~p i ~ ~ ' ' ~ arch I t t~3E°a. nt iii arapainn xn~iii ~trzrid7~tst s1ri;,t c = i ct ~. _ C°tieiimunity {'htr7nin~ r~sstrCitttt~'~u t5f~4ciirtE)t~~rst I+ia1t<r '~!<Jt'e•rr)E~~:,r `~ 1, ~{}i~ C`,'n Tolai 1'istialc 7titl iv );, 2'`'1 Slrrtrt, fiaiitr ?(}tl ~G1~ritii,al), ITS S3f-12 }7cttr Urtirr:t Tte~ ie44~ ~'o(rt?t)_ietee. ~CI~e ~;~ricii~ttJ E't)1ic~ ~~c~li~rities },~sali,: t~~t}~,~~1,1 rt:~:O~~;I["uJl~ stthT~i~its ilYis 1~itt r' ~~tt(~}:~i~rtirlt~ t3~~ ~'itti' t~t'i~~taritii_ui's 'I"sits}:~c>rtatiort ,~ltrrtJ~Lti~=t: t~ro~r;irt~r ~,tartt <t}~hlicatit)si .t'iir a }tail ~~ itli 'l~r~til prta.j~+~t. i1;i('r1l_ t:clie4°~s t31a( tl~tis ~rt~jt~:t tie~il} l-irc>~~i~i~ a «r~~i O~neli( t~Jr t}lcJS,~, [i14U L'IrrnJ)ttrte (tJ alttl }i•t)rii tttit•;; trs 4T•t:}I its reea•~:~lln?IiTilis!s, )'Ltt"-hcr•, Ill(?tQI'14ati mill rift) ix;irafiz its (1C~8t:i1ii~1 ~in~l~- ~~t~cLil~anr~, ~rel)i~; Jc~s ~~i11 be r~;~tatr)~•t;r:3 ~OiYl t}ai'. rtxtc}~~~a~ s (tv~ t~l~ta~e t?ri~,~~~J"~. Llse the r~~LJlti-use ~ i)':a"L iS i3 U~~t~ lCrl' Iltlrl•C}r14''r"S t~:r h;ive (llt-)1'ci U}z(1(lritlilltli'S tfjl` II~tCi't;itSc'i~ ti]C#};ili(y" eirtCl l`~ctt~;l dtt~C~S tf12"iiti!~}If3uI 1}3s; 1`i'}(Irllt. l l3r e Sititlt[~?_ t`;1,rltC1,,;} Cf)tTKll11" IS 1~'1~IiV LICI£}~'E'U(I}1E,i'li t,l~l4j C't}Ctrlt't-l:ti d7lt1L'4j tI iU tlrc'Li;, (lClt1'7itUI,4'ft`+'tlrTil l:fi)i7lt)1"(£Jc9Ylt Ct'3iU'r~ itl i7Pliir~.(i:r it11Ll ~ ^tJli1'lil"r C. trl(1111~. l l'lIS )~l'4~)i;tl 45'rl~ }'srt31'stl(.' ii JT1Lttil i7t:c"tltii ('e ti(^14`lSl C't)r"r"'Uilr ltSl' {:1t'lr~l:^; e{tl~.(] wt.}i~.5L1-3:175.; ltl ~'EC l~t`C1\'i•t'.J'i trei~,~l7'~£ti)ia1-~d=: ar~d ct~FriirilLtnitie-,. Lventlisll~~ slr~tel~ii,lc L)~tt4'eeJi ?~E~lt~,(~a'C'~ildti~eii t rti 17t7i c. 1,t`hil~~ this tir(})ha~c tit iltc l)rtrjcct 4r-ill n+1 critil)Cutt: th4 t'tttir~ er,'i~riti,.it~, it t1;;~'s r~cl~~iii the ~rT°r, ~•c'~s t~~. tfe5i~nitt~ Ii:JJ' Elu~c~a I:eY- tt:ail~> it) t}tt~ }3+_'~It1 tl('th~ t<vrriciur. ~u~-,~ c•tarrstructe<i t}iii tttLl}(i- tYS_ 1~cltll4'v i31' :.'!!l llei}"i 4Vlill Cl~il+?,Cslrvi6 {?C9 t7i_iJ• $(-t,lcl t4'~tti's, iiJJ" ~ik'lltt'., idJr(l Cj 11811 t~' t71 llt'C 1i+1" it }Jrt)aci r_rct5:;-scc:tinli vf'th~~ c_t}r~imu~~il=:. T1.t< ~'«'Cr;ritaitJtt ~'tilic'e ~~ctiviiias I,ea~?Ltc till}}' sur<l~t>rt~; r}tip }>ltij:i:t )~cz3tce it ni~et~ st:~,eral c~}~icati~~rd~ p1 the ~rto)$, e~itliaT)c.~5 ioral ~ittt3 r~~~it)1)~ti 4J-a rtsplir~~)ti;.in ahti,itte. ttrtd h<<l,as. <~dtire-~s tlti~ ~~rin,•ilitr [ransp,:3ri~ilitJrJ newel., (irr ldtrtia.~rL;. '71t(!r)k y £~u tar ~•~rnsicl4J~i.ta~ t}7is }7reijcta tar CilrttJirtr, ~sinca~+c}4. ,> '}~CrrTl }~t}~', lei{.;i}~ ~~~~i~~l'It~l~lil ]`('ill~'i', '~L;{Ib`Iltc:.!; ~.~f9r3~LN: ?;~D':`~eriili l"aalttt 1'}~L~~: ~iLiiCC: ?'std :~icri~~iaJ) }tlali+i. ii;ri~? June 19, 2013 !®/~,H® 'T~AiV~P®R7'A°TI®id ®~F'AR°TNtEP~T P.O. Box 7129 Boise ID 83707-1129 City of Meridian Attn: John Boyd 33 E Broadway, Suite 102 Meridian, ID 83642 Re: UPRR Rail with Trail Arterial Study Project KN 13817 Dear John: (208) 334-8000 itd.idaho.gov Enclosed please find your fully executed State/Local Agreement for the UPRR Rail with Trail Arterial Study Project IAN 13817. You are authorized to proceed with this project. Please include the Key Number with any correspondence or reimbursement requests. I look forward to working with you and wish you every success with your project. Please do not hesitate to contact me at 208-334-8533, should you have any questions or if I can be of assistance. Sincerely, ,~~ ~~~~~ ~.m_~l !1 , ~ ~. `~ ~~~ Shaacna DeMefitt Grants & Cofattacts Officet• Division of Transportation Performance Idaho Transportation Department Phone: (208) 334-8533/ (800) 527-7985 Fax: (208) 334-4424 Shauna.DeMerittC itd.idaho.gov http://www.itd.idaho. gov/sr2s/index.html d u~ :; ; ~ °® nil State and Local Agreeme~~ fic~~ ~PRR Rail with Trail Arterial Study Project KN 13817 IVIETING NOTES Community It~li~/~~~~sentations Presenter Contact Info./Notes ~'":'_i~-:INKS OFFICE FlN.4L ACTION DATE: E-MAILED TO SENT TO 'SENT TO STAFF AGENCY NPRLICANT NOTES INITIALS pr~q~r~A1S ~I ~,/,~ - he cam" ~ ~ ~ I ~ q ~-,~ r~-~,~ Lal~ b mad ~~ ~j e-i- U ~ 2 !? " s I -~ ~ .S