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2013-06-18Tuesday, June 18, 2013 at 6:00 PM 1. Roll -Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Bryan Chesbro with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Findings of Fact, Conclusions of Law for Approval: 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) B. Findings of Fact, Conclusions of Law and Order of Decision for Approval: 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 C. Findings of Fact, Conclusions of Law for Approval: 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. Final Order for Approval: 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 Meridian City Council Meeting Agenda — Tuesday, June 18, 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. E. Final Order for Approval: 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 F. Final Order for Approval: 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 G. Final Order for Approval: 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 H. Development Agreement for Approval: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a C -C (Community Business) Zoning District I. Community Development Block Grant (CDBG) Agreement Addendum between the City of Meridian and the Meridian Boys and Girls Club J. CableONE Movie Night in Meridian 2013 Single -Night Sponsorship Agreement Between Sierra Trading Post and the City of Meridian for a Not - to -Exceed Amount of $350.00 K. Approval of Contract Amendment to the existing Agreement for Professional Services for "QLPE Plan Check Services" to Centra Consulting, Inc. for the Not -To -Exceed Amount of $50,000.00. This amendment is the last of three possible one year extensions. L. Approval of Agreement for Instructor Services for "Tennis Instruction" to Treasure Valley Tennis Association for the Not -To -Exceed Amount of $50,688.00. 6. Community Items/Presentations A. Introduction of Larry Maneely, Chief of Staff for Ada County Board of Commissioners Meridian City Council Meeting Agenda — Tuesday, June 18, 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. f 7. Items Moved From Consent Agenda None 8. Action Items A. Fee Waiver Request by John Plovanich for a Variance Application Approved B. FP 13-020 Reflection Ridge Subdivision No. 1 by Chris Todd, T -O Engineers Located West Side of S. Locust Grove Road and South Side of the Ridenbaugh Canal, North of E. Amity Road Request: Final Plat Approval Consisting of 61 Single -Family Residential Building Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land in the R-8 Zoning District Continued to June 25, 2013 9. Department Reports A. Public Works: Budget Amendment for FY2013 in the Amount of $70,000.00 for Sewer Line Extensions Approved B. Continued from June 11, 2013: Amended Title to Read: Clerk's Office Budget Amendment for the Reorganization of the Information Services Department for the Not -to -Exceed Amount of $14,807.77 Approved f. C. Legal Department Report: Dairy Days Update 10. Future Meeting Topics 11. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation • • .: 11 1 Meridian City Council Meeting Agenda — Tuesday, June 18, 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 18, 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 18, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Brad Hoaglun. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Clint Dolsby, Jeff Lavey, Chris Amann, 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: Welcome to our City Council meeting. We appreciate you joining us here. For the record it is Tuesday, June 18th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the pledge to our flag. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bryan Chesbro with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. Tonight we will be by Bryan Chesbro. He is with Treasure Valley Worship Center. Welcome. If you will, please, join us -- please join us in the community invocation or take this as an opportunity for a moment of reflection. And welcome. I think this is your first time; right? Chesbro: It is. De Weerd: Thank you for joining us. Chesbro: Let's pray. Lord, we just thank you for this beautiful day. We thank you for this wonderful and beautiful city that we call home. Lord, we thank you for our community (' leaders and we just pray that you will guide them in their efforts tonight. Give them a Meridian City Council June 18, 2013 Page 2 of 12 sense of unity and purpose and common ground as they confront the issues that are on the agenda and we just thank you that we are able to meet in a country that's free like this. It's beautiful and it's wonderful and it's your blessing. Lord, we just pray also that you -- we just lift up all the community here, Lord, that -- that you would make us a people that are models of your love and compassion. Finally, Lord, we just lift up our nation and our state and our city, that you would wrap your protective arms around it and keep us, Lord, in Jesus' name, amen. De Weerd: I would like to present to you a City of Meridian pin for thanking you to join us and for your timely message. I needed to hear it. Thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under 8-13, we have a staff request to continue this item to June 25th, 2013. Under 9-B, Department Reports, this was an item continued from June 11th. We need to amend the title to read: Clerk's office budget amendment and for the reorganization of the Information Service Department for the not to exceed amount of $14,807.77 and with those noted, 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: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: 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) B. Findings of Fact, Conclusions of Law and Order of Decision for Approval: 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 Meridian City Council June 18, 2013 Page 3 of 12 Zoning District C. Findings of Fact, Conclusions of Law for Approval: 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. Final Order for Approval: 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 E. Final Order for Approval: 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 F. Final Order for Approval: 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 G. Final Order for Approval: 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 H. Development Agreement for Approval: AZ 13-004 Thompson m Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a C -C (Community Business) Zoning District I. Community Development Block Grant (CDBG) Agreement Addendum between the City of Meridian and the Meridian Boys and Girls Club Meridian City Council June 18, 2013 Page 4 of 12 J. CableONE Movie Night in Meridian 2013 Single -Night Sponsorship Agreement Between Sierra Trading Post and the City of Meridian for a Not -to -Exceed Amount of $350.00 K. Approval of Contract Amendment to the existing Agreement for Professional Services for "QLPE Plan Check Services" to Centra Consulting, Inc. for the Not -To -Exceed Amount of $50,000.00. This amendment is the last of three possible one year extensions. L. Approval of Agreement for Instructor Services for "Tennis Instruction" to Treasure Valley Tennis Association for the Not - To -Exceed Amount of $50,688.00. De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes to our Consent Agenda. I move approval of the Consent Agenda and the Mayor to sign and 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, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Introduction of Larry Maneely, Chief of Staff for Ada County Board of Commissioners De Weerd: Item 6 under Community Presentations, we have Larry Maneely, from Ada County here. Welcome. Maneely: Thank you very much, Madam Mayor, Members of the Council. This was not a meeting arranged with any agenda. I just wanted to come over and have you be able to put a name with a face and, then, me do the same. I had a nice conversation at length with the Mayor a few months ago and, then, had a chance to sit down with Robert on a Meridian City Council June 18, 2013 Page 5 of 12 second occasion and just want to reinforce our interest in trying to work more closely ( together. I know that our director of development service Meg Leatherman is trying to partner between Meridian and Kuna with regard to that troublesome area of impact south of Meridian and north of Kuna and see if we can't get everybody together on the same page, so that the Comprehensive Plans can move forward and get approved and we can all get about our business. If there are any questions you have for the members of the Board of Commissioners I would be glad to entertain questions, carry back messages. We appreciate the ability of our chairman and Mayor de Weerd to get together on a regular basis and talk about things that are ongoing and as we try to work through the various issues that face both organizations. De Weerd: Thank you. Council, do you have any questions? Bird: I have none. I have none, Mayor. De Weerd: Okay. Thank you. We appreciate always putting a face and a name together and I think that's important for our Council and we have a longstanding relationship with the county. We have a lot of collaborative activities going on amongst our departments and so it's an important relationship. Maneely: I know that it's been extremely important to the commissioners to see the response from the fire department -- with the various city fire departments as we work to put that EMS joint powers agreement together and hopefully we can partner together on a whole lot of other things that are beneficial to the citizens of Meridian and the county at large. So, thank you for your time. I won't take anymore. Appreciate the opportunity to address you and look forward to working with all of you. De Weerd: Thank you. Bird: Thank you. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Fee Waiver Request by John Plovanich for a Variance Application De Weerd: So, we will move to Item 8-A, which is a fee waiver request. I will turn this over to Caleb. Hood: Madam Mayor -- De Weerd: Did I guess right? Meridian City Council June 18, 2013 Page 6 of 12 ( Hood: That's fine. Madam Mayor, Members of the Council, I will just give a quick background information. In fact, I think all I'm going to do is just wave packet that the applicant -- the fee waiver applicant has submitted a couple of weeks ago. I think most of the information is contained therein. I was part of the pre -application meeting with Mr. Plovanich -- probably about a month ago now. I read through his packet and everything. It seems accurate as far as my -- my point of view and limited amount I have been involved with this, but -- but he does outline the basis for his fee waiver request. I would just ask that we not get into the merits or the lack thereof of the actual variance, but stick to whether there is a case for the waiver of the fee associated with that. So, with that, Madam Mayor, Council, I will try and answer any questions you have. De Weerd: Okay. Thank you, Caleb. Is Mr. Plovanich here? Council, do you have any questions? Hoaglun: Would Mr. Plovanich like to address the Council? De Weerd: Mr. Plovanich, do you have anything you would like to add in addition to your -- your letter you submitted? Rountree: He can't hear. De Weerd: Oh, I'm sorry. I had asked if you had anything that you would like to add in addition to what you had in the letter. Plovanich: No. I think I have covered it all pretty well in the information that I have provided. De Weerd: Okay. Thank you. Council, do you have any questions for Mr. Plovanich? Rountree: Not with respect to the waiver request. De Weerd: Okay. Okay. Well, thank you for being with us tonight. Council, any questions for staff? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: Having reviewed the information provided by staff and the applicant, I can -- I can support a request for a few wavier with the understanding that that doesn't necessarily mean our ordinance would be varied, but some solution would be sought through discussion with the Council at that -- at the time the proposal was brought forward. We shouldn't be doing that at this point. De Weerd: Uh-huh. Meridian City Council June 18, 2013 Page 7 of 12 Rountree: I'm going to move that we accept the request for fee waiver for Item 8-A and schedule that variance request at the soonest possible date. Bird: Second. De Weerd: I have a motion and a second to approve the fee waiver request. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Public Works: Budget Amendment for FY2013 in the Amount of $70,000.00 for Sewer Line Extensions De Weerd: Under 9-A, Department Reports, our first report is from our Public Works Department. Clint. Dolsby: Madam Mayor, Members of the Council, what you have before you is a request for a 70,000 dollar budget amendment to reallocate funds from a project that's been deferred this year to the Franklin Road, Ten Mile to Linder, project. When we did the Franklin Road, Ten Mile to Linder, project we bid a certain amount of backfill material, not sure if it would be enough or not, to cover the entire project. We choose not to make the backfill material incidental to the project, because we thought we would get a better bid price for it and this budget amendment is just to pay for the actual amount of backfill material that we needed to complete the project, so in the end we feel like we have got a better price for the overall project than if we made it incidental to the project to begin with. So, with that I would stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budge amendment requested in Item 9-A in the amount not to exceed 70,000 dollars. Bird: Second. Meridian City Council June 18, 2013 Page 8 of 12 De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. FP 13-020 Reflection Ridge Subdivision No. 1 by Chris Todd, T -O Engineers Located West Side of S. Locust Grove Road and South Side of the Ridenbaugh Canal, North of E. Amity Road Request: Final Plat Approval Consisting of 61 Single -Family Residential Building Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land in the R-8 Zoning District De Weerd: Item No. 9-13 is -- has been requested -- and, I'm sorry, I need to back up. Item 8-13, which is a final plat 13-020, was requested to continue to June 25th. I do need a motion to continue that. Bird: Madam Mayor? De Weerd: Sorry about that. Mr. Bird. Bird: I move we continue FP 13-020 to June 25th, 2013. Rountree: Second. De Weerd: I have a motion and a second to continue Item 8-13 to June 21st. All those in favor say aye. All ayes. Motion carried. I apologize for that. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Continued from June 11, 2013: Clerk's Office Budget Amendment for the Reorganization of the Information Services Department De Weerd: Item 9-B is continued from June 11th and I will turn this over to Madam Clerk. Holman: Thank you, Madam Mayor. Madam Mayor, Members of the Council, this is a budget amendment to basically incorporate the changes that have been made to mainly the clerk's office section of the Information Services Department. That change was created back in November and at that time Council's direction was for me to take over the new position and, then, at six months bring it back with any changes that needed to be made with my position changing to a director. So, that's really what this budget Meridian City Council June 18, 2013 Page 9 of 12 amendment is. It incorporates the changes that were made to the director's salary back in November and the changes that have been made within the clerk's office as to elevate the current deputy city clerk to a senior deputy and, then, one of the assistant city clerks will now be a deputy clerk, because that person is a backup for the senior deputy and acts in her stead. So, that's basically what the present amendment is for and with that I would stand for any questions. De Weerd: Thank you, Jaycee. Any questions from Council? Bird: I have none. Rountree: Madam Mayor, just for -- a question on the reorganization and the structure. Is this kind of the finale or are you still working through some issues -- or not necessarily issues, but the organizational matters? Holman: Madam Mayor, Members of the Council, Councilman Rountree, no, after -- this is it. This is what I see for the sum total of the changes. The IT section of this department -- I think the structure works very very well, so I see no changes needed there, so -- Rountree: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the budget amendment for the reorganization of the Information Services Department for a not to exceed amount of $14,807.77. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Legal Department Report: Dairy Days Update De Weerd: 9-C is a report from our legal counsel Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is just an update for you on the Dairy Days. Our ordinance requires that for TUPs that get issued by the city for special events that we also have a contract with the event provider. We had a Meridian City Council June 18, 2013 Page 10 of 12 conversation last week with Mr. Bruijn regarding the event. There are no -- there are no reimbursables at this particular time with the Dairy Board for the Dairy Days program, because all -- most of it is going to be managed in the Dairy Days -- or the speedway property. The carnival is on the speedway property, so there wasn't any additional resources at this particular time. We felt that the -- to bring a contract to you, which really would just deal with contingency probably was unnecessary. So, it was my decision to -- to Ms. Kane from my staff that we not try to put a contract together for that, so we have been working on other events that actually have reimbursables. We do think at some point we are probably going to have a conversation with staff and, then, bring to all of you in regards to reimbursables for all these types of events, because, obviously, each one is unique in its own character as to what types of additional support the cities provide to it for -- whether it's for safety purposes or trash pickup or restroom cleanup or whatever it is. So, we think that's part of a greater discussion for the future for all of you to have in regards to all of our events in all of the parks, but for this particular event for Dairy Days for this year -- primarily, Council, the lack of the parade, of course, has a great impact on is it necessary for the city to support this event and that was the reason why we felt that it seemed unnecessary to bring to you a contract which was just contingency that if something were to happen -- we felt that if -- the long-standing relationship the city has had with the Dairy Board, that if there was an issue with something that was unanticipated and were to come to fruition that we would certainly have that discussion with them and work that out. But we certainly will bring something to you at a later time, probably towards the fall, after the event season is over as to a recommendation in regards to what reimbursables are appropriate or not for various events, but in this particular circumstance we didn't feel anything was needed. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, you and Emily -- thank you for the quick response and everything for the Dairy Days on this. We appreciate it very much. Thank you. Nary: You're welcome. De Weerd: Okay. Anything further on this item? Item 10: Future Meeting Topics De Weerd: Okay. Council, any items for consideration for future meeting topics or agendas? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council June 18, 2013 Page 11 of 12 Hoaglun: Just a heads up. Terri from Treasure Valley Transit today met with the Senior Center board and discussed a transportation program for them that they are interested in. Now, they are going through the contract and looking at all the details and it will be a program that they would build and manage that meets their size right now and, then, expand in the future if necessary. But they are going through that process and it looks like that that may happen. So, I just wanted to advise you of that and if that does happen we will probably have Terri and a representative of the Senior Center come back to the city to go through that at some future meeting and -- because, as you know, the city provides some transportation dollars to the senior center and it would be good to hear exactly what they are planning to bring -- to provide transportation to the seniors with the city involvement. So, just a heads up. I don't know which meeting that will be, but probably in about two months is my guess, so -- De Weerd: Thank you. Appreciate that. It will be essential to hear if they would like a budget line item, so -- Hoaglun: Yes. Item 11: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. Okay. Item No. 11-A is an Executive Session per Idaho State Code. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 65-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:20 p.m. to 6:57 p.m.) Meridian City Council June 18, 2013 Page 12 of 12 Hoaglun: Do I have a motion to come out of Execute Session? Rountree: So moved. Bird: Second. Hoaglun: All those in favor? MOTION CARRIED: THREE AYES, ONE ASENT. Hoaglun: We are out of Executive Session. Rountree: Move the adjourn. Hoaglun: Second? Bird: Second. Hoaglun: All right. We have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: We are adjourned. MEETING ADJOURNED At 6:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 13 MAYORMY _ DATE APPROVED oxtp. ID A UC& , ATTEST: $C° 9oW City of IANC CEE (OLMAN, CITY f, SEAL, , �/dr TREAS�� DATE: June 18. 2013 ITEM TITLE: 1 1' i -W TO- 11 Findings of Fact, Conclusions of Law for Approval: 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) MEETING NOTES M Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ijjt4EJRFjN[ff"k Findings of Fact, Conclusions of Law and Order of Decision for Approval: 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 MEETING NOTES I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting PROJECTDATE: June 18, 2013 ITEM NUMBER: 5C 13-010 Ll - Findings of Fact, Conclusions of Law for Approval: 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 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: - 18, 2013 PROJECT 004 ITEM TITLE: Final Order for Approval: 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 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: June 18, 2013 ITEM NUMBER: 5E PROJECT .• 1 • "A1�11111101 Final Order for Approval: 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 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: June 18. 2013 ITEM TITLE: Final Order for Approval: 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 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: June 18, 2013 ITEM NU 5G PROJECT : FP 13-024 ITEM TITLE: Final Order for Approval: 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 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 11, ' • 111 1A F •1111 ilill • DATE: June 18, 2013 ITEM NUMBER: 5H ITEM TITLE: Development Agreement for Approval: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a C -C (Community Business) Zoning District MEETING NOTES L Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 31 BOISE IDAHO 06!19113 02:49 PM DEPUTY Bonnie Oberbilli9 III ( II ��) I �IIIIII III I III (� RECORDED -REQUEST OF Meridian City 113068407 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. R. Orville and Heidi Thompson, Owners/Developers THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of _ _ )) I 2013, by and the City of Meridian, a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, hereinafter called "City" whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and R. Orville and Heidi Thompson, whose address is 3045 W. Sugar Crest, Eagle, ID 83616, hereinafter called "Owners/Developers". 1. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth iii full, herein after referred to as the "Property"; 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of annexation and re- zoning that the Owners/Developers made a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-513-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners/DeVelopers have submitted an application for annexation and re -zoning of the Property described in Exhibit A, and have requested a designation of R-2 (Low Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE I OF 9 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7th day of May, 2013, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit "B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners/ Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above Recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 3.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 2 OF 9 4. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: 4.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The existing house shall hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-1- 4A. b. Upon redevelopment of the site, the developer shall pipe the Hunter Lateral as set forth in Unified Development Code 11 -3A -6A, unless otherwise waived by City Council. c. Access for the Property shall be provided via Central Drive; the curb cut via Locust Grove may only be used for access to the pasture on an infrequent basis. Upon redevelopment or a change in use of the site, access via Locust Grove shall be prohibited in accord with UDC 11 -3A -3A, unless otherwise waived by City Council and approved by Ada County Highway District. d. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting (the "Standards"). All street lights shall be installed at developer's expense upon redevelopment of the site. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, comers, cui-de-sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work and materials shall conform to the Idaho Standards Public Works Construction and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 5. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owners/Developers or Owners/Developers' heirs, successors, assigns, to comply with Section 4 entitled "Conditions Governing Development of Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code§ 67- 6509, or any subsequent amendments or recodifications thereof. 6. DEFAULT/CONSENT DE -ANNEXATION I REVERSAL DESIGNATION:ZONING 6.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 6.2 Notice and Cure Period. In the event of Owners/Developers' default of this Agreement, Owners/Developers shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; DEVELOPMENT AGREEMENT- THOMPSON FARM (AZ 13-004) PAGE 3 OF 9 provided, however, that in the case of any such default that cannot with reasonable diligence be cured within such one hundred eighty (180 day period, then the time allowed to cure such failure shall be extended for such period as necessary to complete the curing of the same with reasonable diligence and continuity. 6.3 Remedies. In the event of default by Owners/Developers that is not cured after notice as described in Section 6.2, Owners/Developers shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners/Developers reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners/Developers, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 6.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 6.5 Waiver. A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 7. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 8. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 4 OF 9 hereby, the City, at City's cost, shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, with respect to improvements required by the City. 11. CERTIFICATE OF OCCUPANCY: Unless otherwise agreed by the City in writing, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 12. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to abide by all City ordinances. 13. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER R. Orville and Heidi Thompson 3045 W. Sugar Crest Eagle, Idaho 83616 13.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 14. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 5 OF 9 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed their obligations under this Agreement. 17. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 18. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 18.1 No condition governing the uses and/or conditions governing re -zoning of the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 19. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ' DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 6 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. 0Orvillempson CITY OF MERIDIAN Mayor T, ry de Weerd 4 s Heidi Thompson ATTEST: A t1rL City of --Ml SEI IDIAN* IDAHO SEAL. W �rlde TRF ASlSR6 L. Holman, City Clerk DEVELOPMENT AGREEMENT— THOMPSON FARM (AZ 13-004) PAGE 1 OF 2 STATE OF IDAHO, ) ss County of Ada ) On this 2 day of -J , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared R. Orville Thompson known or identified to me to be the person who executed the agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ®�a®,® L FF m 40 of ®®�mB®�10AA�4 STATE OF IDAHO, ) ss County of Ada ) - Ca-c��'-tL Notary P Idaho Residing at: "zP My Commission Expires: /2 a0/� On this r%- day of -,Tv-A-c , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Heidi Thompson known or identified to me to be the person who executed the agreement and acknowledged to me that she 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. LE (SEAL)®� ® ® Notary Publi e aho Residing at: _�`D My Commission Expires: DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 8 OF 9 STATE OF IDAHO ) ss County of Ada ) On this IF day of ) y Y -e- , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L, Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ��;_� to i4ciary Public for daho Residing at: "e yl 1 a rl Commission expires: \,,N,n DEVELOPMENT AGREEMENT - THOMPSON FARM (AZ 13-004) PAGE 9 OF 9 r' �� ;� Exhibit A: Annexation Legal Description Leel Description Parcel S 1118417401 - Annexation A parcel located in the SE % of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast comer of said SE V4, from which a brass cap monument marking the southeast corner of said SE Y4 bears S 0030'34" W a distance of 2659.40 feet; Thence S 0°30'34° W along the easterly boundary of said SE % a distance of 485.26 feet to a 518 inch diameter iron pin and the POINT OF BEGINNING; Thence continuing S 0030'34" W along said easterly boundary a distance of 630.39 feet to a point; Thence leaving said easterly boundary N 45°46'26° W along the centerline of the Hunter Lateral a distance of 64.27 feet to a point; Thence continuing along said centerline N 36029'46° W a'distance of 171.89 feet to a point; Thence continuing along said centerline N 33°44'46° W a distance of 392.37 feet to a point; Thence continuing along said centerline N 23030'26" W a distance of 128.83 feet to a point on the centerline of Central Drive; Thence along said centerline a distance of 16.88 feet along the arc of a 300.00 foot radius non - tangent curve left, said curve having a central angle of 3°13'22° and a long chord bearing S 88°51'14° E a distance of 16.87 feet to a point; Thence continuing along said centerline N 89°32'05" E a distance of 406.39 feet to the POINT OF BEGINNING; This parcel contains 3.37 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC February 22, 2013 RE JaJ'A PROVAL BY MAR 0' 1 2013 MERIDIAN PUBLIC WORKS DEPT. Thompson Farm (AZ 13-004) 1111 `P� 2/22ri30 !� r� o F SONW.�� LG Farm Property .bb No. 13-02 'J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�mERIIDIATPNTA�-, AND IDAHO DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 2.38 Acres of Land with a C -C Zoning District, Located at 975 S. Locust Grove Road, by R. Orville & Heidi L. Thompson. Case No(s). AZ -13-004 For the City Council Hearing Date of. April 23, 2013 (Findings on May 7, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 23, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 23, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 23, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-004 W 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 23, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with an R-2 zoning district in accord with the attached Staff Report for the hearing date of April 23, 2013, attached as Exhibit A. 2. A Development Agreement is required as a provision of annexation with the conditions included in with the attached Staff Report for the hearing date of April 23, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be tiled with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 23, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ- 13-004 -2- By action of the City Council at its regular meeting held on the 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: �e°`�'��"° Ga City of Cc. EDAAHO aycee &man, City Clerk 'DA1O Q, SEAL �rF�0ft6 TAEO'�*a�Pro Copy served upon Applicant, The Planet ent, Weerd G day of , VOTED VOTED _jL'— VOTED VOTED VOTED Public Works Department and City Attorney. By: AHS Ci C& rk's `- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-004 -3- STAFF .REPORT EF HEARING DATE: April 23, 2013 TO:(D�4WD Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -13-004 — Thompson Farm I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, R. Orville & Heidi Thompson, have submitted an application for annexation and zoning (AZ) of 2.38 acres of land with a C -C (Community Business) zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with an R 2 zoning district, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Plan--& Zonin Commission heard these items on March 21 2013. At the ublic hearin the Commission moved to recommend 3roval of the sub•ect AZ reguest. a. Summary of Commission Public Hearing i. In favor: Sam Johnson ii. In ouposition• None iii. Commenting: None iv. Written testimony Sam Johnson V. Staff resentin a lication: Son a Watters A. Other staff commenting on annlication• None b. Key Issues) of Djscussion by Commission i. None C. Ke�Commission Chanee(sl to Staff Recommendation 1. Based on the annlicant's request c& staff s recommendation, the Commission recommends comment #2.21 ertainin to street lights is included as a DA rovision for requirement unon redevelopment of the site (see DA provision #1 ld) d. Outstandm Issue s for Vity Council: i. None The Meridian Cjh, ('ouncle l ll_�ald thin item nn Ancil �a 9MA+a` ■,,, „� the nnn�il �nnroved z thee s��btect AZ rem�pat. 4=110 ► a ,n in 111i Pii Thompson Farm AZ -13-004 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -13- 004 as presented in the staff report for the hearing date of April 23, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -13-004 as presented in the staff report for the hearing date of April 23, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ -13-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 975 S. Locust Grove Road on the southwest corner of S. Locust Grove Road and E. Central Drive, in the SE !/4 of Section 18, Township 3 North, Range 1 East. B. Owner(s): R. Orville & Heidi L. Thompson 3045 W. Sugar Crest Eagle, ID 83616 C. Applicant: Same as owner D. Representative: Sam Johnson, Scentsy, Inc. 2701 E. Pine Ave. Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V- PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 4, and 18, 2013; April 1, and 15.2013 (City Council C. Radius notices mailed to properties within 300 feet on: February 28, 2013 (Commission); March 28, 2013 (City. Council) D. Applicant posted notice on site by: March 11, 2013 (Commission); April 12, 2013 (Ci1y Council) Thompson Farm AZ -13-004 PAGE 2 VI. LAND USE A. Existing Land Use(s) and Zoning: There is a single-family residential home and associated outbuildings on this site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Central Drive and rural residential property, zoned R6 in Ada County 2. East: Locust Grove Road and single-family residential property, zoned RI in Ada County 3. South: Joint School District property, zoned C -G 4. West: Joint School District property, zoned C -G C. History of Previous Actions: None Thompson Farm AZ -13-004 PAGE 3 MME D. Utilities: I. Public Works: a. Location of sewer: Sanitary sewer is available to serve the subject parcel from existing stubs in E. Central Drive. b. Location of water: Domestic water is available to serve the subject parcel from existing stubs in E. Central Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Hunter Lateral runs along the southwest boundary of this site on and off the site. 2. Hazards: Staff is not aware of any hazards that exist on this site, except for the Hunter Lateral which may represent a danger to small children. 3. Flood Plain: This site does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Commercial on the Comprehensive Plan Future Land Use Map (FLUM). The Commercial designation provides a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. This site is not proposed to redevelop in the foreseeable future; the use is intended to remain residential. Therefore, although the site is designated for commercial use, staff is recommending the property be annexed with an R-2 zoning district to remain consistent with the existing and continued residential use of the property. At such time as a change in use and/or redevelopment is proposed, the applicant should rezone the property to a commercial zoning district consistent with the FLUM. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): ® "Require that development projects have planned for the provision of all public services." (6.02, 01 B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: Sanitary sewer and water service is available to the property. ➢ The lands are capable of being serviced by the Meridian Fire Department (MFD). The lands are capable of being serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change. Thompson Farm AZ -13-004 PAGE 4 I Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. ® "Explore options to annex County parcels that are contiguous with City limits to allow for more efficient provision of City services." (3.04.01 F) The property owner has requested annexation of the subject property into the City. The site is contiguous with City limits and City services will be provided to the property once it is annexed which will allow for the efficientprovision of City services. "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.01J) The continued residential use of this property is compatible with the existing school to the west of this site. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) Access for this property is provided via Central Drive. ,4 curb cut to the site also exists via Locust Grove Road but should only be used for access to the pasture on an infrequent basis. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The existing use of the property for single-family detached dwellings is a principally permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A4 for the R-2 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): This site is comprised of 2.38 acres of land zoned RUT in Ada County. The applicant proposes to annex the property with a C -C zoning district consistent with the Comprehensive Plan Future Land Use Map designation of Commercial. The applicant requests annexation to hook-up the existing home and one outbuilding to City water and sewer service. The use of the site is proposed to remain residential. A significant amount of work has taken place on this site recently to restore the outside of the existing home and outbuildings, and clean up the grounds. The property is owned by the Thompson's who are also the owners of Scentsy, Inc. A 40' shipping container exists on the site which housed the entire Scentsy operations in the early days of the business. The property owners want to retain this site and continue to rent out the home and also be able take independent consultants who visit Meridian by the property so they can see where it all began. If the site is annexed with a C -C zoning district, residential use of the property would be considered a non -conforming use as it is not a permitted use in the C -C district. Rather than create Thompson Farm AZ -13-004 PAGE 5 a non -conforming use, staff recommends the property is zoned R-2 consistent with the existing and continued residential use of the property. When a change in use or redevelopment of the site occurs, the applicant should rezone the property to a commercial district consistent with the FLUM at that time. Concept plan: The applicant submitted two conceptual development plans showing how the site could develop commercially in the future (see Exhibit A.2). However, the current use as a single- family dwelling is proposed to remain; the applicant has no plans to re -develop the site in the foreseeable future. City water & sewer service: The existing house is required to hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-14A. Waterways: The Hunter Lateral runs along the southwest boundary of this site. Upon redevelopment of the site, the developer is required to pipe the Hunter Lateral as set forth in UDC 11 -3A -6A, unless otherwise waived by City Council. Access: There are two existing accesses to this site; one via E. Central Drive, a collector street, and one via S. Locust Grove Road, an arterial street. The primary access for the home is via Central Drive; a curb cut via Locust Grove provides access to the pasture on the southern portion of the site. The access via Locust Grove may be used on an infrequent basis for access to the pasture; however, upon redevelopment or a change in use of the site, access via Locust Grove shall be prohibited in accord with UDC 11 -3A -3A, unless otherwise waived by City Council and approved by ACHD. Development Agreement: The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Staff recommends approval of the proposed AZ application with an R-2 zoning in accord with the comments and conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Development Plans B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Thompson Farm AZ -13-004 PAGE 6 EXHIBIT A Exhibit A.1: Vicinity Map Thompson Farm AZ -13-004 PAGE 7 EXHIBIT A Exhibit A.2: Conceptual Development Plans Thompson Farm AZ -13-004 PAGE 8 EXHIBIT A Ccolr-il Dr,v� Thompson Farm AZ -13-004 PAGE 9 EXHIBIT A Exhibit B: Agency Comments On March 7, 2013, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Republic Services. Staff has included all comments and recommended actions below. 1- PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Clerk's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. The existing house shall hook-up to City water and sewer service within sixty (60) days of the annexation ordinance approval by City Council as set forth in MCC 9-14A. b. Upon redevelopment of the site, the developer shall pipe the Hunter Lateral as set forth in UDC 11 -3A -6A, unless otherwise waived by City Council. c. Access for this property shall be provided via Central Drive; the curb cut via Locust Grove may only be used for access to the pasture on an infrequent basis. Upon redevelopment or a change in use of the site, access via Locust Grove shall be prohibited in accord with UDC 11- r 3A -3A, unless otherwise waived by City Council and approved by ACRD. d. 100 Watt and 250 Watthi&L-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense upon redevelopment of the site Final design shall be submitted as part of the development plan set for approval Street lighting is required at intersections, comers, cul-de-sacs and at a spacing that does not exceed that outline in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC Contact the City of Meridian Transportation and Utilily Coordinator at 898-5500 for information on the locations of existing street lighting. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this parcel is available via connection to the existing sewer stub in E. Central Drive. 2.2 Water service to this site is available via connection to the existing water stub in E. Central Drive. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required.to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the applicant will be responsible for the payment of assessments for the common areas. 2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic Thompson Farm AZ -13-004 PAGE 10 EXHIBIT A purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Applicant shall coordinate mailbox locations with the Meridian Post Office. 2.16 Any and all grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outline in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department recommends that direct access to S. Locust Grove Road is prohibited. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. Thompson Farm AZ -13-004 PAGE 11 EXHIBIT A 6. PARKS DEPARTMENT 6.1 There are no pathways designated for this site. Therefore, the Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are site-speciftc conditions of approval that the District may require when it reviews a future development application for this site. The District may add additional site-specific requirements when it reviews a specific re -development application. 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional right-of-way at the intersection of Central Drive and Locust Grove Road to accommodate the multi -lane roundabout consistent the illustration on attachment 3. The applicant will not be compensated for this right-of-way dedication, as the Locust Grove/Central roundabout project is not listed in ACRD CIP. 7.1.2 Payment of impacts fees are due prior to issuance of a building permit. 7.1.3 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.29 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Thompson Farm AZ -13-004 PAGE 12 EXHIBIT A 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission, Thompson Farm AZ -13-004 PAGE 13 Exhibit C: Annexation Legal Description & Exhibit Map Legal Descri lap ion Parcel S 1118417401 - Annexation A parcel located in the BE % of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast comer of said BE %, from which a brass cap monument marking the southeast comer of said BE % bears S 0030'34" W a distance of 2659.40 feet; Thence S 0°30'34° W along the easterly boundary of said BE % a distance of 485.26 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence continuing S 0°30'34" W along said easterly boundary a distance of 630.39 feet to a point; Thence leaving said easterly boundary N 45046'26" W along the centerline of the Hunter Lateral a distance of 64.27 feet to a point; Thence continuing along said centerline N 36°29'46° W a distance of 171.89 feet to a point; Thence continuing along said centerline N 33°4446" W a distance of 392.37 feet to a point; Thence continuing along said centerline N 23030'26" W a distance of 128.83 feet to a point on the centerline of Central Drive; Thence along said centerline a distance of 16.88 feet along the arc of a 300.00 foot radius non - tangent curve left, said curve having a central angle of 3°13'22° and a long chord bearing S 88°51'14' E a distance of 16.87 feet to a point; Thence continuing atom said centerline N 89°32'05" E a distance of 406.39 feet to the POINT OF BEGINNING; This parcel contains 3.37 acres and Is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC February 22, 2013 RE fA PROVAL BY AR 012013 2013 MERIDIAN PUBLIC WORKS DEPT. LG Farm Proper Jab No. 13-02 Thompson Farm AZ -13-004 PAGE 14 EXHIBIT A PARCELS 1118417401 -ANNE TION EXHIBIT LOCATED IN THE SE 1/4 OF SECTION 18, 1/4 T3N, R 1 E, BM, ADA COUNTY, IDAHO 18017 N V CENTIRAL DRIVE POINT OF C1 BEGINNING Z N 89'32'05" E 406.39' � o V1 ANNEXATION AREA - 3.37 ACRES CURVE TABLE CURVE I LENGTH RADIUS DELTA CHORD BEARING I CI 1 7' 1 ' RE pPROVAL ,�s�s� BY -------- ��' MAR 01 2013 MERIDIAN PUBLIC WORKS DEPT. 1017 19 20 r ons 0 60 12O 240 Land?Surveying and Consulting 231 E, 5TH ST, sn. A MERIDIAN, W 83642 La IZD8) 288-2040 1208) 288-2551 talc �wAvland,dWmsbiz Thompson Farm AZ -13-004 PAGE 15 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the recommended map amendment to R-2 is generally consistent with the provisions of the Comprehensive Plan noted above in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the recommended map amendment to the R-2 zoning district is generally consistent with the purpose statement of the residential districts in that it contributes to the range of housing opportunities available in the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the recommended zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the recommended zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with a R-2 zoning district is in the best interest of the City as the property will be able to utilize available City services and it will reduce the enclave areas in this area of the City. Thompson Farm AZ -13-004 PAGE 16 DATE: June 18, 2013 ITEM NUMBER: ITEM TITLE: Community Development Block Grant (CDBG) Agreement Addendum between the City of Meridian and the Meridian Boys and Girls Club Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN BOYS AND GIRLS CLUB, FOR PY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN BOYS AND GIRLS CLUB FOR PY 2008 COMMUNITY j �OQ, DEVELOPMENT BLOCK GRANT FUNDS ("First Addendum") is made this _ lff"—' day of , 2013 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Meridian Boys and Girls Club, a branch of the nonprofit organization Boys and Girls Club of Ada County, organized under the laws of the State of Idaho ("Subrecipient"). WHEREAS, on November 25, 2008, Subrecipient and City entered into a Subrecipient Agreement for PY2008 Community Development Block Grant Funds ("November 25, 2008 Agreement") establishing rights and responsibilities regarding the investment of Community Development Block Grant ("CDBG") finds in designing a gymnasium to be constructed in the future at the Meridian Boys and Girls Club facility; and WHEREAS, the design of the gymnasium facility was completed in September 2009; and WHEREAS, Subrecipient requires additional time to raise funds to initiate and complete construction of said gymnasium; and WHEREAS, HUD does not consider a design project to be complete until construction of the facility is complete. NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. AMENDMENT. Section I(G) of the November 25, 2008 Agreement shall be amended to read as follows: Time of performance. Services of Subrecipient shall start on or before November 5, 2008 and end on December 31, 2015. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. NEW SECTION. A new section, Section I (I), shall be added to the November 25, 2008 Agreement. The new Section I (I) shall read as follows: As determined by the Ada County Boys and Girls Club Board through the designated Resource Development Committee, and as accepted as a remediation plan by HUD, Subrecipient agrees to the following fundraising campaign process and timeline for the gymnasium construction: 1. Enlist campaign leadership by May 30, 2013 2. Major gift fundraising: June 2013 to December 31, 2013 3. Flooring campaign: September 2013 to June 30, 2014 4. Public campaign: April 2014 to December 31, 2014 5. Begin construction: Spring 2015 6. Complete Construction by December 31, 2015 In addition, Subrecipient agrees that if, for any reason, construction of the gymnasium is not complete by 11:59 p.m. on December 31, 2015, Subrecipient will repay to City the grant funds in the amount of forty thousand dollars ($40,000) provided for the design of the gymnasium. III. ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Addendum or other duly executed addenda, all provisions of the November 25, 2008 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the November 25, 2008 Agreement or this First Addendum thereto. IN WITNESS WHEREOF, the parties shall cause this First Addendum to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Boys and Girls Club 1 By: Colleen Braga, Executiv irector CITY OF MERIDIAN: KIM Attest: OKH � lSD A Tammy dem rd " e Iman Mayor �' c't' of Cit Clerk EI IDIAN*-- 5 IGkryn SEAL �ti,/� f. p �` tO IREASV�- DATE: June 18, 2013 IT 5J z i ►- 11 ITEM TITLE: CableONE Movie Night in Meridian 2013 Single -Night Sponsorship Agreement Between Sierra Trading Post and the City of Meridian for a Not -to -Exceed Amount of $350.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE -NI "HT.j,,,,Q, SPONSORSHIP AGREEMENT ("Agreement") is made on thiskcyay of, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation ganized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Sierra Trading Post, whose address is 530 East Sonata Lane, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration 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 July 5th installment of the weekly summer CableONE 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 CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. 2. payment. By 5:00 p.m. on June 14, 20t3, 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. Ili 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 CableONE 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 CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as E.xhibh A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. 'video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any 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 from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for 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. 4. 'Perm. The term of this agreement shall be from the Effective Date through September 1, 2013, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2013 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions 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 thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations 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 all 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 limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NiGll'rSINGLE-N1GH9'Sl'ONSORSHIP AGREEMENT PAGF 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant, g. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default, If the default is not cured within such period, this .Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9, Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie ]Night in Meridian, all related activities for educational and public 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, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement, Sponsor shall have no authority or responsibility to exercise any rights or power vested in City, The selection and designation of the personnel of City in the performance of this agreement shall be trade by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees, Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MovIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 2 1, 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 City: Sherrie Aulbach Colin Moss sgordon@SiC]Tatradiiigpost.com cmoss@mei-idiancity.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 Repr sentative Signature Please Print Name BY: Tammy de/Ny6erd, Mayor MOVIE NIGHT SINGLE-NIGIrr SPONSORSHIP — Title Date A ATTEST: TTEST* City of IDAH a cc 01 SEAL City Clerk PAGE 5 of 6 Exhibit A CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SPONSORSHIP PACKET Y For $350 you will receive: ® Recognition as one event's sponsor in all promotional efforts for that event. o The opportunity to promote your business or organization at your movie night 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 (1) thirty (30) second advertisement into the pre -movie video at your movie night. + The opportunity to hang up to two (2) banners no wider than eight (8) 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 seating area to hang your banner on. Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. o Your logo and a link to your website on your movie night's event listing on the Meridian Parks and Recreation page on Facebook. ® Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 DATE: June 18, 2013 ITEM TITLE: Approval of Contract Amendment to the existing Agreement for Professional Services for "QLPE Plan Check Services" to Centra Consulting, Inc. for the Not -To -Exceed amount of $50,000. This amendment is the last of three possible one year extensions. MEETING NOTES r�N Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Purchasing Dept. ll� To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Denny Cline Date: 6/12/13 Re: June 18 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 18. City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to the existing Agreement for Professional Services for "QLPE Plan Check Services" to Centra Consulting Inc for the Not -To -Exceed amount of $50,000. This Amendment is the third of three possible additional one year extensions. Recommended Council Action: Approval of Contract Amendment No. 1 to Centra Consulting, Inc. for the Not -To -Exceed amount of $50,000.00. Thank you for your consideration. e Page 1 I CITY OF MERIDIAN CONTRACT AMENDMENT No 3 CENTRA CONSULTING QLPE Plan Check Services CONTRACTOR NAME: DEPARTMENT NAME: CENTRA CONSULTING, INC Public Works ADDRESS: ADDRESS: 413 W IDAHO, STE 302 33 E. Broadway BOISE, ID 83702 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name & Project No. QLPE PLAN CHECK SERVICES Previous Amendment Date: 12/1/2011 Previous Amendments: 2 Current Contract Dates: START: 12/22/2011 COMPLETION: 12/21/2012 Current Contract Amount (inclusive of Previous Amendments to Date): $150,000.00 CHOOSE ONE AMENDMENT COLUMN BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (A#tach all relevant documentation detailing amendment): Extending contract for the 3rd and FINAL year per term Article 3 of original contract dated December 8, 2009. Contract amount is a Not -To -Exceed amount and payable per the rates stated in the original agreement. NEW CONTRACT INFORMATION: Amendment Date: 06/11/2013 New Contract Dates: START: 12/22/2012 COMPLETION: 09/30/2013 Amount of Amendment Change $ 50;000.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $200,000.00. ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN BY:2 - TAMMY de &6, -MAYOR Dated: 67 1's/ j Attest: I 1 HgLMAN, CITY CLERK j CENTRA C NSULTING, INC. /Z bBY:tf 0eA�DAUo'c, Ste hen E. West tit` r� f j`flG city Of w Dated: x%/(60 12 '((E IDIAN` - "0 Purchasing Approval SEAL ti f "'the 7RE� 3U40�BY: �~ KEITH TTS, P RCHASING MANAGER DATE: June 18, 2013 ITEM NUMBER: UZITNIt"" Approval of Agreement for Instructor Services for "Tennis Instruction" to Treasure Valley Tennis Association for the Not -To -Exceed Amount of $50,000.00. MEETING NOTES 1,3 Community Item/Presentations Presenter Contact Info./Notes, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR INSTRUCTOR SERVICES I$ +_% \ 3%ine., This AGREEMENT FOR INSTRUCTOR SERVICES is made this 31" day of , 2013, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Treasure Valley Tennis Association Idaho [a corporation/hiiiited liability colllpany orc aiiized under the laws of the state ofIdaho] whose address is 1990 S. Myers, Boise, ID 83706 (hereinafter "Instructor") (collectively, "Parties"). WHEREAS, City and Instructor are mutually interested in providing and enhancing educational and recreational opportunities in the Meridian community; WHEREAS, Instructor has specialized training, experience, and skill and is willing to dedicate such skill to the instruction and edification of others; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and furnish to City all services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. B. Timeliness. Instructor shall perform services and work under this Agreement in a timely manner in accordance with the dates and times set forth in Exhibit A. C. Criminal history check. At least thirty (30) days prior to the first scheduled class, Instructor shall contact the City's Human Resources Department and make arrangements to provide a set of fingerprints. Upon completion of fingerprinting, City shall remit Instructor's fingerprints to the Idaho State Police, which shall run a national criminal background check on Inspector and provide the results to City. Instructor shall be required to provide fingerprints and undergo a criminal history check for purposes of this Agreement once per year. D. Photographs. Instructor consents to the publication and/or use of any photographs or recordings of Instructor by City for promotional purposes. E. Compliance with laws and standards. Instructor shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. This shall include, but is not limited to, any necessary federal, state, county, or city licensing required. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 1 OF 13 II. CONSIDERATION. A. Calculation of payment. City shall pay Instructor for services rendered under this Agreement at the rate of eighty percent (()I } of the total revenue generated by registration fees remitted for the class. This amount shall constitute full compensation for any and all services, materials, and costs performed or furnished by Instructor. This amount shall not exceed $50,688.00 B. Method of payment. City shall remit payment to Instructor for services rendered under this Agreement within thirty (30) days of the final class of each session. C. Taxes. City shall not withhold any Federal or State income taxes or Social Security tax from any payment made by City to Instructor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Instructor. D. No additional compensation. Except as expressly provided in this Agreement, Instructor shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to meals, lodging, or transportation. Further, without limitation, Instructor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays, or other paid leaves of absence of any type or kind whatsoever. III. GENERAL TERMS AND CONDITIONS. A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Instructor or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Instructor's use. Instructor accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each practice session, game, and/or game day. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. AGREEMENT FOR MERIDIAN PARKS &RECREATION INSTRUCTOR SERVICES PAGE 2 OF 13 E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: Recreation Coordinator 33 E. Broadway Avenue Meridian, Idaho 83642 Treasure Valley Tennis Association 1990 S. Myers Bore, ID 83706 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment. Instructor shall not assign or sublet all or any portion of Instructor's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor. In all matters pertaining to this agreement, Instructor shall be acting as an independent contractor, and neither Instructor nor any officer, employee or agent of Instructor shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Instructor understands, acknowledges, and agrees: 1. Instructor is free from actual and potential control by City in the provision of services under this Agreement. 2. Instructor is engaged in an independently established trade, occupation, profession, or business. 3. Instructor has the authority to hire subordinates. 4. Instructor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. H. Termination. 1. Grounds for automatic termination. This Agreement shall automatically terminate, with no notice to Instructor, upon which Instructor's classes shall be immediately cancelled and the Parties shall have no further dealing hereunder, upon the occurrence of any of the following: a. It is determined that Instructor has ever been convicted of a criminal charge of or related to any sexual offense, violence (including but not limited to murder, manslaughter, battery, or domestic battery), or felony drug delivery. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 3 OF 13 b. It is determined that Instructor has, within the previous ten (10) years, been convicted of or been incarcerated for a criminal charge of or related to felony drug possession. c. It is determined by the Director of the Parks and Recreation Department that Instructor's criminal history indicates that it is in the best interest of the City to terminate the Agreement. 2. Grounds for termination with notice. If, for any reason, Instructor fails to fulfill in a timely and proper manner Instructor's obligations under this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, falsifies any record or document required to be prepared under this Agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Instructor of such termination and specifying the effective date thereof, at least forty-eight hours prior to the effective date of such termination. Instructor may terminate this agreement at any time by giving at least seven (7) days notice to City. 3. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, Instructor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Instructor, and City may withhold any payments to Instructor for the purposes of set-off until such time as the exact amount of damages due City from Instructor is determined. This provision shall survive the termination of this agreement and shall not relieve Instructor of liability to City for damages. I. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Attorney fees. Should litigation commence between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. K. Discrimination prohibited. In performing services under this Agreement, Instructor shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. L. Compliance with laws. In performing the scope of services required hereunder, Instructor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 4 OF 13 M. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall not affect the validity or enforceability any other art of Y p this Agreement so long as the remainder of the Agreement is reasonably p completion.ca able of N. Entire agreement. This Agreement contains the entire agreement of thep arties and supersedes any and all other agreements or understandings, oral of written, whetherp revious to the execution hereof or contemporaneous herewith. O. 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. P. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from Its attorneys or the opportunity to seek such advice. Q. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this (0 day of '5c( i\ -e-- , 2013. INSTRUCTOR: CITY OF MERIDIAN: BY: Keit atts, Purchasing Manager B�Y: TAMMY de Vd Dated: Approved by Council: Treasure Valley Tennis Association W. MAYO°¢� D AiJG�rI 0007 G A City of DAH 113 E ID IO SECS ti w 44, r P 0�� L. HOLMAN, CITY CLERK AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 5 OF 13 EXHIBIT A SCOPE OF SERVICES 1. Set up class room to meet the needs of the class and participants. 2. Lead, instruct, and demonstrate the appropriate activities related to safe Tennis Instruction and curriculum. 3. Provide a nurturing and supportive environment that encourages participants in their efforts. 4. Complete and submit all reports and participant tracking information as required by the county for this class. 5. Tiny Tots Tennis Lessons class will be held from June I Ith ?01h . , 2013 to June 2013 on Tuesday and Thursday at 6:30pni at Heritage Middle School. 75 minutes in duration, 22 classes per week and week per session. 6. Tiny Tots Tennis Lessons class will be held from June 25''', ?013 to July Th. 2 () 13 on Tuesday and Thursday at 6:30prn at Heritage Middle School. 75) minutes in duration, 2 classes per week and 2 week per session. 7. Tiny Tots Tennis Lessons class will be held from July 9'h, N13 to July 18'h. 2013 on Tuesday and Thursday at 6:30pi-n at Heritacre Middle School.. 75 minutes in duration, 2 classes per week and 21 week per session. 8. Tiny Tots Tennis Lessons class will be held from July 23'+`i,2013 to August 1 2()1 3 on Tuesday and Thursday at 6:30pin at Heritage Middle School. 75 minutes in duration, 2 classes per week and 2 week per session. 9. Tiny Tots Tennis Lessons class will be held from August 6'h, 20 13 to August 15'h, 201 3 on 4n Tuesday and Thursday at 6:30pn1 at Heritao-Z�e Middle School. 75 minutes in duration,, 2 classes per week and 2 week per session. 10. Tiny Tots Tennis Lessons class will be held from June I i'f', 2013 to June 'N'h, 2013 on Tuesday and Thursday at 6:30pni at Rocky Mountain High School. t� 75 minutes in duration, 2 classes per week and 2 week per session. 11. Tiny Tots Tennis Lessons class will be held from June 25'1', 201 3 to July Th., 2013 on Tuesday and Thursday at 6:30pn1 at Rocky Mountain High School. 75 minutes in duration,, 2 classes per week and 2 week per session. 12. Tiny Tots Tennis Lessons class will be held from July 9''', 2013 to July 18'f', 2013 on Tuesday and Thursday at 6:30pni at Rocky Mountain, High School. 75 minutes in duration, 2 classes per week and 2 week per session. 13. Tiny Tots Tennis Lessons class will be held from July 23", 2013 to August is', 20 13 on Tuesday and Thursday at 6:30pm at Rocky Mountain High. School. 75 minutes in duration, 2 classes per week and 2 week per session. 14. Tiny Tots Tennis Lessons class will be held from August 6'h., 20 13 to August 15'h, 2013 on Tuesday and Thursday at 6:30pi-n at Rocky Mountain High School. 75 minutes in duration,, 2 classes per week and 2 week per session. 15. Adult Tennis Lessons class will be held from June .1 2013 to June 20'h., 2013 on Tuesday and Thursday at 6:30pni at Heritage Middle School. 75 minutes in duration, 2 classes per week and week per session. 16. Adult Tennis Lessons class will be held from June'25'h 2013 to July 4t",, 2013 on Tuesday and Thursday at 6:30pni at Heritage Middle School. 75 minutes in duration, 2 classes per week and 2 week per session. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 6 OF 13 17. Adult Tennis Lessons class will be held from July 9", 2013 ) to July 18th 2013 on Tuesday and Thursday at 6:30pm at Heritage Middle School. 75 minutes in duration, 2 classes per week and ? week per session. 18. Adult Tennis Lessons class will be held from July 23'd, 2013 to August I sI, 2013 on Tuesday and Thursday at 6:30pni at Heritage Middle School. 75 minutes in duration,, 2 classes per week and 2 week per session. 19. Adult Tennis Lessons class will be held from August 6"' . 13 to August 15t" , 2013 on Tuesday and Thursday at 6:30pm at Heritage Middle School. 75 minutes in duration, 2 classes per week and 2 weekper session. 20. Junior Beginner Tennis Lessons class will be held from June I I "', 2013 to June 20",, 2013 on Tuesday, Wednesday and Thursday at 8:30, -Ll ni at Heritage Middle School. 60 minutes in duration,, 3 classes per week and 2 week per session. 21. Junior Beamner Tennis Lessons class will be held from June I I "', 2013 to June -'N"', 'O 13 on Tuesday, Wednesday and Thursday at 9:30ain at Herita(Te Middle School. Z:� 60 minutes in duration, 3 classes per week and 2 week per session. 22. Junior Beginner Tennis Lessons class will be held from June I It", ')013 to June ?01h 2013 on Tuesday, Wednesday and Thursday at 10:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 23. Junior Intermediate Tennis Lessons class will be held from June I 2013 to June 20th 2013 on Tuesdav, Wednesday and Thursday at 8:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 24. Junior Intermediate Tennis Lessons class will be held from June I I "', ?01 3 to June 20"', 201 3 on Tuesday, Wednesday and Thursday at 9:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 25. Junior Intermediate Tennis Lessons class will be held from June I I 1h.", 2013 to June 20t", 2013 on Tuesday, Wednesday and Thursday at 10:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. Z"- I 1h. h 2 26. Junior Beginner Tennis Lessons class will be held from June 25 . 2013 on Tuesday, Wednesday and Thursday at 8:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 27. Junior Beginner Tennis Lessons class will be held from June 25"', 201 3 to July 4`", 2013 on Tuesday,, Wednesday and Thursday at 9:30am, at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 28. Junior Beginner Tennis Lessons class will be held from June 251h 2()1 3 to July 4"'. 2013 on Tuesday, Wednesday and Thursday at 10:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 29. Junior Intermediate Tennis Lessons class will be held from June 251". 2013 to July 4`", 2013 on Tuesday, Wednesday and Thursday at 8:30am at Heritage Middle School. 60 minutes in duration,, 3 classes per week and 2 week per session. 30. Junior Intermediate Tennis Lessons class will be held from June 251x'.', 2013 to July 4"', 2013 on Tuesday, Wednesday and Thursday at 9:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 31. Junior Intermediate Tennis Lessons class will be held from June 25t", 2013 to July 41", 2013 on Tuesday. Wednesday and Thursday at 10:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 7 OF 13 32. Junior Beginner Tennis Lessons class will be held from July 9'1i , 2013 to July 18t°', .0 13 on Tuesday, Wednesday and Thursday at 8:30an1 at Heritage Middle School. 60 minutes in duration, 3 ) classes per week and 2 week per session. 33. Junior Beginner Tennis Lessons class will be held from July 9'h, 2013 to July 18'1', 2013 on Tuesday, Wednesday and Thursday at 9:30ani at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 34. Junior Beginner Tennis Lessons class will be held from July 9t1', 2013 to July 18"', 2013 on Tuesday, Wednesday and Thursday at 10:30an1 at Heritage Middle School. 60 minutes in duration, 3 ) classes per week and 2 week per session. 35. Junior Intermediate Tennis Lessons class will be held from July 9t1', 2_0 13 to July 18t1', 2013 on Tuesday, Wednesday and Thursday at 8:30ain at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 36. Junior Intermediate Tennis Lessons class will be held from July 9"'. 2013 to July 18"', 20113 on Tuesday, Wednesday and Thursday at 9:30arn at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 37. Junior Intermediate Tennis Lessons class will be held from July 9'1', 2013 to July 18"', 2013 on Tuesday, Wednesday and Thursday at 10:30ani at Heritage Middle School. 60 minutes in duration., 3 classes per week and 2 week per session. 38. Junior Beainner Tennis Lessons class will be held from July 231-c1, 2013 to Au(Tust I 13 Z_1 on Tuesday, Wed nesdav (andThursday at 8:30ani at Heritage Middle School. 60 minutes in duration,, 3 classes per week and '2_ week per session. 39. Junior Beginner Tennis Lessons class will be held from July 23"", 20113 to August 1 2013 on Tuesday, Wednesday and Thursday at 9:30ani at Heritage Middle School. 60 minutes in duration, 3 ) classes per week and 2 week per session. 40. Junior Beginner Tennis Lessons class will be held from July 23`1., 201 3 to August 1 20 13 on Tuesday, Wednesday and Thursday at 10:30ani at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 41. Junior Interin.ediate Tennis Lessons class will be held from July 23", 2013 to August I I= 4 2013 on Tuesday. Wednesday and Thursday at 8:30arn at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 42. Junior Intermediate Tennis Lessons class will be held from July 23"t, 2013 to August I", 20113 on Tuesday, Wednesday and Thursday at 9:30am at Heritage Middle School. 60 minutes in duration, 3 classes per week and2) week per session. 43. Junior Intern-nediate Tennis Lessons class will be held from July 23". 2013 to August I". 2013 ) on Tuesday, Wednesday and Thursday at 1. 0: 30ain at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 44. Junior Beginner Tennis Lessons class will be held from August 61h-013 to August 15"'. 2013 on Tuesday. Wednesday and Thursday at 8:30,ani at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 45. Junior Beginner Tennis Lessons class will be held from August 6"', 2013 to August 15' 2013 on Tuesday, Wednesday and Thursday at 9:30ani at Heritao-e Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 46. Junior Beginner Tennis Lessons class will be held from August 6t1' 2013 to August 15th 2013 on Tuesday. Wednesday and Thursday at 10:30am at Heritao-e Middle School. Z: 60 minutes in duration, 3 classes per week and 2 week per session. 47. Junior Intermediate Tennis Lessons class will be held from August 6t1', ?,..()13 to August 15i1' 2013 on Tuesday, Wednesday and Thursdayat 8:30ani at Heritage Middle School. Z__ AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 8 OF 13 60 minutes in duration, 31 classes per week and 2 week per session. h h 48. Junior Intermediate Tennis Lessons class will be held from August 6th, 2013 to August 15' 2013 on Tuesday, Wednesday and Thursday at 9:30am. at Heritage Middle School. 60 minutes in duration, 3 classes per week and 2 week per session. 6th, ?0 13 to August 15'f' 49. Junior Intermediate Tennis Lessons class will be held from August 6 2013 on Tuesday., Wednesday and Thursday at 10:30am at Heritage Middle School. 60 minutes in duration, -' ) classes per week and 2 week per session. 50. Junior Beginner Tennis Lessons class will be held from June 11 th , 2013 to June '-)O'h , 2-013 on Tuesday, Wednesday and Thursday at 8:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 51. Junior Beginner Tennis Lessons class will be held from June 11 1h, 2013 to June 20t", 2-0 13 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 52. Junior Beginner Tennis Lessons class will be held from June 11 th, 2013 to June 20t", 2013 on Tuesday, Wednesday and Thursday at 10:30am at Rocky Mountain High School. 60 minutes in duration,, 3 classes per week and 2 week per session. 53. Junior Intermediate Tennis Lessons class will be held from June 11"'. 201 3 to June 20"', 2013 on Tuesday, Wednesday and Thursday at 8:30am at Rocky Mountain Hi()'h School. 60 minutes in duration, 3 classes per week and 21 week per session. 54. Junior Intermediate Tennis Lessons class will be held from June 11 "', ')013 ) to June 20th, 2013 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 55. Junior Intermediate Tennis Lessons class will be held from June 11'h. 2013 to June 201h., 2013 on Tuesday, Wednesday and Thursday at 10:30am )Oam at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 56. Junior Beazninner Tennis Lessons class will be held from June 25'1',.1.,-01-') to Jul 4 2013 on July Tuesday, Wednesday and Thursday at 8:30am. at Rocky Mountain High School.. 60 minutes in duration, 3 classes per week and 2 week per session. 57. Junior Beginner Tennis Lessons class will be held from June 25th, 2013 to July 4", 20 13 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 58. Junior Beginner Tennis Lessons class will be held from June 25"'.'2013) to Jul 4"',2013on 1=1� y Tuesday, Wednesday and Thursday at 10:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 59. Junior Intermediate Tennis Lessons class will be held from June 25t", 2013 ) to July X', 2013 on Tuesday. Wednesday and Thursday at 8:30am at Rocky Mountain High School. 60 minutes in duration, 3 ) classes per week and 2 week per session. 60. Junior Intermediate Tennis Lessons class will be held from June 25th, 2013 to July 4th, ?013 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 61. Junior Intermediate Tennis Lessons class will be held from June 25th, 2013 to July 4t°', 201.3 on Tuesday, Wednesday and Thursday at 10:30am at Rocky Mountain Hl( -Th School. 60 minutes in duration, 3 classes per week and week per session. 62. Junior Beginner Tennis Lessons class will be held from July 91h, 201 3 to July 18'h, 2013 on Tuesday. Wednesday and Thursdayat 8:30am at Rocky Mountain High School. Z71 60 minutes in duration, 3 classes per week and 2 week per session. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 9 OF 13 63. Junior Beginner Tennis Lessons class will be held from July 9t'', 2013 to July 18"', 2013 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 18t'', ?01' on 64. Junior. Beginner Tennis Lessons class will be held from July 9"', 2013 to July Tuesday, Wednesday and Thursday at 10: 3 )Oaln, at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 65. Junior Intermediate Tennis Lessons class will be held from July 9 , 2013 to July 18", 2013 on Tuesday, Wednesday and Thursday at 8:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 66. Junior Intermediate Tennis Lessons class will be held from July 9tl', 20 13 to July 18"', 2013 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 67. Junior Intermediate Tennis Lessons class will be held from July 9"', 2013 to July 18"', 2013 on Tuesday, Wednesday and Thursday at 10:30am at Rocky Mountain fli(Th School. 60 minutes in duration, 3 classes per week and 2 week per session. 68. Junior Beginner Tennis Lessons class will be held from July 23"1 2013 to August 1;t, ?013 on Tuesday. Wednesday and Thursday at 8:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 69. Junior Beginner Tennis Lessons class will be held from July 23"", 2C)1 3 to August 1't, 2013 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 70. Junior Beginner Tennis Lessons class will be held from July 23'^'l, 2013 to August l", 2013 on Tuesday, Wednesday and Thursday at 10:30am at Rocky Mountain Hl( -Th School. 60 minutes in duration,) 3 classes per week and ',,)- week per session. 1 ')0 13 to August I 71. Junior Intermediate Tennis Lessons class will be held from July 23"" - "I "�O 13 on Tuesday, Wednesday and Thursday at 8:30'am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 72. Junior Intermediate Tennis t-,essons class will be held from July 23". 20 13 to August I 2013 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. I N 1, 3 to August F" 73. Junior Intermediate Tennis Lessons class will be held from July 23"', - t-1 1 2013 on Tuesday, Wednesday and Thursday at 10: 3 )Oam at Rocky Mountain High School. 60 minutes in duration, 3 classes per week and 2 week per session. 74. Junior Beginner Tennis Lessons class will be held from August 6t", 2013 to August 15'1', 2013 on Tuesday, Wednesday and Thursday at 8:30am. at Rocky Mountain High School. 60 minutes in duration,, 3 classes per week and 2 week per session. 75. Junior Beginner Tennis Lessons class will be held from August Ch. 2013 to August 15"'. 13 on Tuesday, Wednesday and Thursday at 9:30am. at Rocky Mountain High School. 60 minutes in duration,, 3 classes per week and 2 week per session. 1 76. Junior Beginner Tennis Lessons class will be held from August 6"', 2013 to August 15t' 201.3 on Tuesday, Wednesday and Thursday at 10:30ain at Rocky Mountain High School. 60 minutes in duration,, 3 classes per week and 2 week per session. 2-0 13 to August 15 th 77. Junior Intermediate Tennis Lessons class will be held from August 6" 2013 on Tuesday, Wednesday and Thursday at 8:30ain at Rocky Mountain High School. 60 minutes in duration,, 3 classes per week and 2 week per session. 78. Junior Intermediate Tennis Lessons class will be held from August 6"', 2013 to August 15"' 201 3 on Tuesday, Wednesday and Thursday at 9:30am at Rocky Mountain High School. AGREEMENT FOR MERIDIAN PARKS & ]RECREATION INSTRUCTOR SERVICES PAGE 10 OF 13 60 minutes in duration, 3 ) classes per week and 2 week per session. 79. Junior Intermediate Tennis Lessons class will be held from August 6'h, 2013 to August 15t 1 Z-- 2013 on Tuesday, Wednesday and Thursday at 10: 30am at Rocky Mountain High School. Z7 60 minutes in duration, 3 classes per week and 2 week per session. 80. Junior Beginner Tennis Lessons class will be held from June I I th, 2013 to June 20". N 13 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration,, 3 classes per week and 2 week per session. 81. Junior Beginner Tennis Lessons class will be held from June I I 1h , 2013 to June 20't', 2013 on Tuesday. Wednesday and Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. Ith 82. Junior Beginner Tennis Lessons class will be held from June I1�2013 to June 20'11 20 13 on Tuesday, Wednesday and Thursday at 1. 0: 30am at Settlers Park. 60 minutes in duration, 3 classes per week and week per session. 83. Junior Intermediate Tennis Lessons class will be held from June 11th, 2013 to June 2 2013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration, 3 ) classes per week and 2 week per session. 84. Junior Intermediate Tennis Lessons class will be held from June 11 t", 2013 to June 20"', 2013 13 on Tuesday, Wednesday and Thursday at 9:30ai-n at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 85. Junior- I n teri-nedi. Lite Tennis Lessens class will be held from June 1. 1t', 20 13 to June 20t"., 2013 on Tuesday, Wednesday and Thursday at 10:30'ain at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 86. Junior Beginner Tennis Lessons class will be held from June 25"', 2.013 to July 0', 2013 on Tuesday, Wednesday and Thursday at 8:30ann at Settlers Park. 60 minutes in duration,, 3 classes per week and 2 week per session. 87. Junior Beginner Tennis Lessons class will be held from June 25"", 201 3 to July 41h, 201 3 on Tuesday, Wednesday and Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 88. Junior Beginner Tennis Lessons class will be held from June 25th, 2013 to July 4'1', 2013 on Tuesday, Wednesday and Thursday at 10:30ani at Settlers Park.. 60 minutes in duration, 3 classes per week and 2 week per session. 89. Junior Intermediate Tennis Lessons class will be held from June 25t[', 20 13 to July 4th, 2013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 90. Junior Intermediate Tennis Lessons class will be held from June 25'h. 2013 to July 4t" 2013 on Tuesday, Wednesday and Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 91. Junior Intermediate Tennis Lessons class will be held from June 25th ')013toJuly 4th, ? -013 on Tuesday, Wednesday and Thursday at 10:30am at Settlers Park. .1 60 minutes in duration, 3 classes per week and 2 week per session. 92. Junior Beginner Tennis Lessons class will be held from July 9'1', 2013 to July 18t", 2013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 93. Junior Beginner Tennis Lessons class will be held from July 9'h, 2013 to July 18'h, 2013 on Tuesday, Wednesday and Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. AGREEMENT FOR MERIDIAN PARKS & ]RECREATION INSTRUCTOR SERVICES PAGE 11 OF 13 94. Junior Beginner Tennis Lessons class will be held from July 9th, 2013 to July 18th, 2013 on Tuesday., Wednesday and Thursday at 10:30am at Settlers Park. 60 minutes in duration, _' ) classes per week and 2 week per session. 95. Junior Intermediate Tennis Lessons class will be held from July 91h, 2013 to July 1801, 2013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration, 3 classes per week and week per session. 96. Junior Intermediate Tennis Lessons class will be held from July 91h. 2013 to July 18"', 2_0 13 on Tuesday, Wednesday and Thursday at 9:30aiii at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. th -)o I 97. Junior Intermediate Tennis Lessons class will be held from July 9"', 20 13 to July 18 on Tuesday, Wednesday and Thursday at 10:30arn at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 98. Junior Beginner Tennis Lessons class will be held from July 23"l, 2013 to August I't 2013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park.. 60 minutes in duration, 3 classes per week and 2 week per session. 99. Junior Begy Beginner Tennis Lessons class will be held from Jul ')3rd 13 to August 1y`, 2 )0 1 3 on Tuesday, Wednesday sand Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 100. Junior Beo-i nner Tennis Lessons class will be held from July 23", 2013 to August 1 201 3 on Tuesday., Wednesday and Thursday at 10:30ain at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 101. Junior Intermediate Tennis Lessons class will be held from July 23'.c, 2013 to August F". ')013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session.. 102. Junior Intermediate Tennis Lessons class will be held from July 23 )'cI, 2013 to August Ist 2013 on Tuesday, Wednesday and Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 103. Junior Intermediate Tennis Lessons class will be held from July 23". 2013 to August I 2013 on Tuesday, Wednesday and Thursday at 10:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 104. Junior Bec.rinner Tennis Lessons class will be held from August 6t�z,2013 to August .1.5 2013 on Tuesday, Wednesday and Thursday at 8:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2. week per session. - 105. Junior Beginner Tennis Lessons class will be held from August 61h, 0 1. 3 to August 15th 13 on Tuesday, Wednesday and Thursday at 9:30am at Settlers Park. .1 W 60 minutes in duration, 3 classes per week and 2 week per session. 106. Junior Bec.Finner Tennis Lessons class will be held from August 6th20 13 to August I-) 2013 on Tuesday, Wednesday and Thursday at 10:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 107. Junior Intermediate Tennis Lessons class will be held from August 6th, 2013 to August 15", 2013 on Tuesday, Wednesday and Thursday at 8:30arn. at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. 01 108. Junior Intermediate Tennis Lessons class will be held from August 6t", .2-013 to August15th, 20 13 on Tuesday, Wednesday and Thursday at 9:30am at Settlers Park. 60 minutes in duration, 3 classes per week and 2 week per session. th 109. Junior Intermediate Tennis Lessons class will be held from August 6"'., 201 3 to August 15 20 13 on Tuesday., Wednesday and Thursday at 10:30am at Settlers Park. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 12 OF 13 60 minutes in duration, 3 classes per week and 2 week per session. 110. Adult Tennis Lessons class will be held from June I 1"', 2013 to June ?0th.' ?()I 3 on Tuesday and Thursday at 6:30pni at Rocky Mountain High School. Z� 75 minutes in duration, '..)- classes per week and 2 week per session. 111. Adult Tennis Lessons class will be held from June 25'h, 2013 to July 4`, ')0 13 on Tuesday and Thursday at 6:30pm at Rocky Mountain High School. 75 minutes in duration,2 classes per week and 2 week per session. 112. Adult Tennis Lessons class will be held from July 9'11, '12-0 13 to July 1. 8th, 2013 on Tuesday and Thursday at 6:30pni at Rocky Mountain High School. 75 minutes in duration, 2 classes per week and 2 week per session. 113. Adult Tennis Lessons class will be held from July 23"'1., 2013 to August I 2013 on Tuesday and Thursday at 6:30prn at Rocky Mountain High School. 75 minutes in duration, 2 classes per week and 2 week P er session. h -� 114. Adult Tennis Lessons class will be held from August 6 2013 to August 15t 2013August on Tuesday and Thursday at 6:30pi-n at Rocky Mountain High School. 75 minutes in duration, 2_ classes per week and 2 week per session. AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 13 OF 13 111111111 11 • • r DATE: June 18, 2013 ITEM . 6A PROJECT NUMBER: ITEM TITLE: Introduction of Larry Maneely, Chief of Staff for Ada County Board of Commissioners MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: June 18, 2013 Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ri F . 1• 4 0 . I -- 8! DATE: June 18, 2013 ITEM NUMBER: 84 PROJECT NUMBER: ITEM TITLE: Fee Waiver Request by John Plovanich for a Variance Application MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS May 29, 2013 City of Meridian Idaho Madam Mayor and City Council Members I, John Plovanich, a homeowner at 983 East Tuweep St. , Meridian, Idaho, would like to formally apply for a waiver of fee, per section 11-5A-7. This fee would be for an application for a code compliance varience. The varience would cover the location of a shed that was constructed in my back yard. The following is the process followed before building the shed. 1-1 consulted the homeowner by-laws for the Copper Basin subdivision. I followed the protocol outlined and contacted Denise Berger, representative for the subdivision management company. Denise sent me a copy of the Architectural Review & Approval Request Form which was completed and returned to her. (included and shown as attachment #1) After review it was requested that I provide a copy of a site map showing the location of the shed. (included and shown as attachment #2) 2 -Upon review of all of the information, Charles Everett, president of the homeowners association and is also on the architectural review committee, said he had contacted the neighbors and nobody had a problem with building a shed. He also informed me the architectural committee did not have the authority to enforce any codes pertaining to the building of a shed. He suggested to check with the City of Meridian building department and determine what if any codes would apply to my shed and obtain a building permit. A copy of the e-mail messages between the members of the architectural committee is included in attachment #3. 1 did not have access to nor was I aware of this series of e-mails until I requested and received a copy on 5-23-13. 3-1 went to the permit office at the city with the express intention of buying a building permit. In order to be able to properly discuss what I was going to do I had a copy of the drawings that are shown in attachment #1 & #2. 1 was told by the clerk that I would not have to obtain a building permit because my shed was under 120 square feet in size. The only concern that was expressed at that time the shed would not be located over the location where the utility services entered my home. I confirmed the utilities are on the opposite end of my home. I was told that I was free to go and could construct the shed. I tried to personally talk to Mr. Everett and found out from his wife that he was out of town. I left a message with her requesting that 1 she tell him of my findings at the city building department. A few days later I was told by Denise Berger that my request form had been approved and that I could construct the shed. I asked about an approved form and was told because no permit was required that I would probably not receive a written approval and would only receive a verbal approval. The shed was constructed in the indicated location. 4 -On 5-9-13 an inspector from the City Building Department informed me the shed was located in an area that was in violation of city code and would have to be moved or removed. I explained to him the process that I had already been through to build the shed where it was and he told me that he did not have the authority to do other than inform me that I was in violation. He recommended that I contact Daunt Whitman and discuss the matter with him. I went to the building department to meet with Daunt. He invited Kristy Vigil to attend the meeting with us. They both informed me that I was in violation of the code in spite of what I had been told during my earlier visit to the planning department. Kristy recommended that I have an additonal meeting with various members of the planning department and they would advise and help me move this process forward. I agreed to an additional meeting and would be advised the time and date for the meeting. 5-1 received a call on 5-13-13 advising me that the meeting would be at 11:00 a.m. on 5-15-13. In addition to Sonya Watters, who was assigned to be my contact, several other people from various departments were in attendence including the fire department. It was determined that f the location was not a life threatening situation and as far as the fire department was concerned it was not a problem. The other attendees agreed I had done due diligence before constructing the shed but that in spite of the incomplete information that I had received from the building permit department, I was in violation of the code. I would have to either move or destroy the shed. An option to removing the shed, would be to get a varience to the code in which I was informed of the process. I agreed to try the process and Sonya has been very helpful with giving me a sense of direction to use. Bruce Freckleton who was in attendence at the meeting asked me if I had received a copy of the residential accessory structures brochure from the building department which I told him that I had not. He provided me with a copy of said document which is included as attachment #4. Please refer to the highlighted area. Had I received a copy of this bulletin early on in my process I probably would have built the shed in the same location. This statement misleading because they separate the back yard and side yard as far as what is allowed and what is not. 6 -The cost of my moving my shed would be from $5,000.00 to $7,000.00. This cost would include the moving costs in addition to redoing the landscaping in my yard plus relocating several sprinker heads in my underground irrigation system . With the shed in its current dimensions, it could not be relocated elsewhere in my yard and come close to meeting the code requirements. It would not be practical to remodel the shed so it would be more suitable to be located in a different location. The location that it is in was originally decided upon because this FA is a dead spot in my yard. The previous owner had a dog kennel in that location and nothing was growing in that area. I had to remove some of the soil and use lime to eliminate the smell from the kennel. Should this request for waver of fee be approved I would agree to start the paperwork process for a code varience in a reasonable amount of time. Respectful eJohrPlovanich 3 John Plovanich From: John Plovanich Usp983 c@gmaii.com] Aent: Saturday, September 22, 2012 6:43 PM i is 'copperbasin@amihome.net' Attachments: Scan.pdf Please forward to the Architectural Review Committee. Thank you John Plovanich Copper Basin Homeowners Association, Inc. Architectural Review & Approval Request Form " Complete and send this form to AM], P. 0. Box 5714, Boise, Idaho 83705, fax to 208-381-0252, or email to copperbasin@amihome.net Date Cf - - r. Request by t{ s r t ti -=mac °� fr Phone'` -c+ Phase,�Lot ` y Block .ti 9 � Address Describe the nature of the changes or improvements for which you seek architectural review and approval. Please be as specific as possible. Do not begin any changes or improvements until you receive approval from the board. The board has 30 days from the date it receives a completed Architectural Approval Form to review and respond to the request _ r4" %;:j ..1 i Proposed starting date for the project %� i.!`<�Y ' `Ending date yr ? r' % Is a building permit required for your project? -------yes no List the general contractor and major subcontractors who will be involved ,— w" 4'f. V 3tf� Identifythedocuments attached to this request ` plans specifications permit survey other *All approved changes must begin within 90 days from the date of approval and Faust be Completed within 60 days of the start date. 'A D E tW 1-64� J F The body, trim and roofing color will be an exact duplicate of the house. A pitched roof was chosen because it most closely matches the contour of the house roof in the proposed location. John Plovanich From: John Plovanich Usp983@gmail.com] `ent: Monday, September 24, 2012 8:38 PM o: 'Denise Berger Subject: RE: Attachments: Scan.pdf Denise The attached should answer the questions that you asked. Thank you John -----Original Message ----- From: Denise Berger [maili-o:dbe rot € ] Sent: Monday, September 24, 2012 12:09 PM To: John Plovanich Subject: RE: John, 'he board has requested that you provide them with a map of your lot that shows where this shed will be placed. Please include the dimensions from your house to the fence that separates your lot from your neighbor's. Please also include the measurement from the front of your house to the rear of your house so that they can see how far your shed will extend. Thank you, Denise From: John Plovanich [jsp983@gmail.com] Sent: Saturday, September 22, 2012 6:42 PM To: Denise Berger Subject: Please forward to the Architectural Review Committee. Thank you John Plovanich I EAST TUWEEP STREET 84-00' 8 89.48.20 E 10 X\ X Alo4esfc X T '7—o iV d� c, �- I -11-ktfs7J:7 -0 C: 0 OID m m X >m 5; Fn 1 z 9 Co 21 . 5. v mm 9v mm i 2 g 0 cu m Ol -0 r I- 0 — — — — — — — — — — — — — — — — — — — — — — — — — m 84-00' S 89.4e28 E tz1 60 co rn -= 4 m 9: 0 0 0r— —M co 3:: m 0 �u m m pim r— CA) M 0 7-y no -4 X 0 CYI C m M z John Plovanich- From: Chuck Everett [ceverett@ameritelinns.com] )nt: Thursday, May 23, 2013 9:26 AM o: jsp983@gmail.com/- Subject: FW: Here you go, good luck. Chuck Charles W. Everett Vice President - Operations AmeriTel Inns, Inc. 10200 W Emerald Boise, ID 83704 208-375-2323 (office) 208-859-7123 (cell) -----Original Message ----- From: Chuck Everett Sent: Saturday, September 29, 2012 4:31 PM To: 'MichaelGiusti@BoiseInc.com'; cbe_rig rr�cFcri- Cc: j rµr rr rcf L�otmail .c -on - Subject: RE: I went and talked to both the Prohaska's (neighbor) as well as the homeowner that is requesting the ability to erect the shed. The Prohaska's really don't care, except for the fact that they think there is a set -back requirement when putting a shed next to a house. I'm not smart enough to answer that question so I asked the homeowner to find out the code through the city of Meridian. Basically, I told him to get a permit and we would approve the architecture form. Hope that is okay with all of you. He is going to talk to me sometime Monday or Tuesday as he is leaving for a couple of weeks and wants the form signed before he leaves. Sincerely, Chuck Charles W. Everett Vice President - Operations AmeriTel Inns, Inc. 10200 W Emerald Boise, ID 83704 208-375-2323 (office) 208-859-7123 (cell) -----Original Message ----- From: Michae!Gi. yA10 o-' I ca:t :�� t�� _.ch�� us io)�c�� __ _ � _. _ hael _ _ � _ 1 Sent: Wednesday, September 26, 2012 7:56 AM To: dher�geCj aga_home. ne-t Cc: Chuck Everett, ga r°wrard 17 ho,tma .1. c�om Subject: RE: _ _ -- --~-- picky and I walked by the house last night. With respect to seeing the shed from the street, it's a non -issue. The landscaping is such that you'll never see it. The side of the neighbor's house has two windows, both frosted, so I'm thinking it's a bathroom. From my perspective, I would give the O.K. to build the shed as planned. That being said, I would ask the homeowner to talk with their neighbor and explain the plans prior to starting construction. I'm guessing we can't force this to happen, but I'm thinking it would prevent any issues from coming up down the road..... Michael B. Giusti Boise Inc Procurement Operations Phone: 208/384-7325 Cell: 208/863-7987 Fax: 208/384-7937 e-mail: m chat c^imsc i n o ga: -----Original Message ----- From: Giusti, Michael Sent: Tuesday, September 25, 2012 1:21 PM To: 'Denise Berger' Cc: c:ever£°cj earn ealin a tr; rfger_r r 1 c, € n qiE Subject: RE: Denise, here's my concern, with the shed being 7'6" wide, this only leaves a clearance of a ittle over 1'6" between the shed and the fence & between the shed and the house. I'm assuming the 8' high side will be against the house, so the 7' high side will stick above the fence. The neighbor will definitely see it and I'm guessing you'll be able to see the shed from the road as well. I don't know how "big" an issue this will be, so I'll commit to driving by the home tonight to take a look. Jeff and Chuck, any thoughts (?)(?)(?) Michael B. Giusti Boise Inc Procurement Operations Phone: 208/384-7325 Cell: 208/863-7987 Fax: 208/384-7937 e-mail: ii:ich e,.e4 use i(@boise_l_nc . co:E-� -----Original Message ----- From: Denise Berger Sent: Tuesday, September 25,2012 10:05 AM ^ To: rt}c>f� E arcs>�mia�c7ctma 1.com; gLy_g1ett€cja_� 1J ESa„_ccs ; Giusti, Michael Subject: FW: Here is some additional information on the architectural review form for the homeowner on Tuweep that would like to install a shed. Let me know if you need any additional information. tanks, Denise 2 From: John Plovanich [jsp983@gmail.com] Sent: Monday, September 24, 2012 8:38 PM To: Denise Berger ( ibject: RE: Denise The attached should answer the questions that you asked. Thank you 9:11171 -----Original Message ----- From: Denise Berger [m.i.lto: bcr r(amihom ret] Sent: Monday, September 24, 2012 12:09 PM To: John Plovanich Subject: RE: John, The board has requested that you provide them with a map of your lot that shows where this shed will be placed. Please include the dimensions from your house to the fence that separates your lot from your neighbor's. Please also include the measurement from the front � your house to the rear of your house so that they can see how far your shed will extend. Thank you, Denise From: John Plovanich [jsp983@gmail.com] Sent: Saturday, September 22, 2012 6:42 PM To: Denise Berger Subject: Please forward to the Architectural Review Committee. Thank you John Plovanich Boise Paper & Packaging: Renewable. Recyclable. Sustainable. 3 The term residential accessory structure includes a private garage, storage structure, workshop, patio cover, play set, greenhouse, etc. (see Unified Development Code [UDC] 11- 1A-1). The structure must be detached and located on the same property as the residence. Can I put a shed in my backyard? One detached accessory structure that is less than 120 square feet in area and 8 feet or less in height may be placed in the required rearyard (see UDC 11 -2A -3D3). Wow tall can myshed be? A detached accessory structure located in the rear yard is limited in height to 8 feet. Building height is measured from the ground to the midpoint between the peak and eaves. Are other structures allowed? Additional accessory structures may be located on a residential property, provided they are not located in front of the residence, nor within the required rear or side yards. For corner lots, no accessory structure shall be located in front of the residence, between the residence and the street, or within the required street yard. (See diagrams to the right for typical residential configurations and UDC 11-2A for standards applicable in residential zones.) Do I need a building permit? Detached accessory structures, including sheds, that are 120 square feet or larger require a permit from Building Services. a Are there utility easements in my back yard? An accessory structure placed or constructed in the required - ` rear yard, is likely encroaching on an easement. If a utility provider needs access to the easement, you may need to move and replace the structure at your expense. Do these same rules apply to fences? Fences, including arbors, walls, lattice -work, arches, and other detached screening, are not considered accessory structures and are subject to different regulations. (See UDC 11-3A-7 for all regulations regarding fences). Fences require a permit from Building Services. Meridian City Hall, Suite 102 33 E. Broadway Avenue `� Meridian, Idaho 83642 Ph: 208.887.2211 Fax: 208.887.1297 www.meridiancity.org Typical Lot Configuration STREET Corner Lot Configuration - .RequlredRearYard 'RequlredRearYard II Typ, 12'or 15' Typ. 12'or 15' ; 1 , 1 1 1 , , , T 1 � , 1 1 � 1 , , i 1 1 ✓ t 1 1 1 ' 1 ��1 1 , , a 1 I 1 1 1 Street Yard x STREET Corner Lot Configuration 0 December 2008 STREET w LU N 'RequlredRearYard r Typ. 12'or 15' ; 7---------- ---'----, , 1 � 1 3 , i 1 1 h t 1 t ' 1 ��1 1 x 1 , , Street Yard 0 December 2008 STREET w LU N DATE: June 18, 2013 ITEM NUMBER: • PROJECT NUMBER: FP 13-020 FP 13-020 Reflection Ridge Subdivision No. 1 by Chris Todd, T -O Engineers Located West Side of S. Locust Grove Road and South Side of the Ridenbaugh Canal, North of E. Amity Road Request: Final Plat Approval Consisting of 61 Single -Family Residential Building Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Machelle Hill Cpom: Sonya Watters nt: Friday, June 14, 2013 10:57 AM ro: Machelle Hill; Jacy Jones; Jaycee Holman Cc: Justin Lucas Subject: Reflection Ridge Staff is recommending continuance of this application to the next meeting due to some outstanding issues that have arisen with the final plat since the time the preliminary plat was approved. Thanks, cf'ost�cs �4/a.tt�� Associate City Planner, Planning Division City of Meridian - Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 208-884-5533 ext. 0578 www.meridianci y c:r� I 111� 111111111111111�illillill 1''11111111�llill 111111111�1111111111111 11111!ji • 1A, 0 1 A 1: A I -- 0 DATE: June 18, 2013 IT NUMBER: 9A ':• =10 2►z [I] ITI I 4"z "93MM Public Works: Budget Amendment for FY2013 in the Amount of $70,000.00 for Sewer Line Extensions MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tommy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: June 07, 2013 Mayor Tommy de Weerd ChY Council Memberss Keith Bird Brad Hoaglun Charles Rountree David Zoremba SUBJECT.' BUDGET AMENDMENT FOR FY2013 IN THE AMOUNT OF $70,000 FOR SE WERLINE EXTENSIONS I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2013 Budget Amendment for $70,000; and 2. Authorize the Mayor to sign the amendment, 11. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assist City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 111, DESCRIPTION A, Background The Public Works Deparbnent programs sewerline extension projects yearly according to distribution system needs. Projects are also programmed in conjunction with ACRD roadway projects. The sewerline extensions account has insufficient funds to execute the FY 13 utility improvements in conjunction with the ACHD Franklin Road, Linder to Ten Mile road widening project. This complex construction project involves several different utilities and the discovery Page 1 of 2 of unsuitable soil conditions during the installation of the sewer has required the replacement of a percentage of the backfill material. B. Proposed Project This budget amendment is being requested to Rilly fund the construction contract for the ACHD Franklin Road, Ten Mile to Linder construction project. IV. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for strategic growth, It meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community. It will ensure modern reliable facilities while maintainingfinancial stewardship, B. ServiceMeli very impact: This project will improve sewer capacity and delivery, water delivery, fire protection as well as extend water, sewer and recycled water stubs to neighboring properties for future developments. C. Fiscal: Project Costs Design and Construction Services (3590-93505) $50,153.99 Construction Contract (3590-93505) $506,203.50 Estimated Shared Costs (3590-93505) $39,610.97 Construction Change Order Est. (3590-93505) . ...... $,105,000,00 Total Cost $700,968.46 Proiect Funding FY12 Carry Forward (3590-93505) $59,038.02 FY13 Enhancement (3590-93505) $572,500.00 Proposed FYI 3 Budget Amendment (3590-93505) 70000.00Total Funding $701,538,02 V. LIST OF ATTACHMENTS A. Budget amendment torni Approved for Council Agenda: ate Page 2 of 2 �o c ca c 4- o v o C LL o N u E ro t A O > o Ee L a` 0 ru L 4- { y, '0 C a 4- N @ O O N ' E .� C c n LL c t`� Cl Zc N N a ✓t j 'D C y E 6 N a O C E yr C U a � baa C C r p a re a 'U N0i VI p C O a ti a) tl1 to A U 0 3 N 41 o r ov u � ,vim 0 g di C o >a O o W m c L c 41E v E v E t; ,o U G O > Lo Ro N yr tl R - ; � � w m q n cu o a > v - V) p Q>1 Cr m C.Nc�w CL ? a@ o 4 c a p U U N 0fl. 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Lo ro o 4) a) E PE t 'o a) a) >, 0 ui o Ew t� (D 0 z 0*0 0 to 4) 04 CM N N 0 w 0 0 C) (D a 0 DATE: June 18, 2013 ITEM TITLE: Continued from June 11, 2013: Clerk's Office Budget Amendment for the Reorganization of the Information Services Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �Imm ry U- a v n O VI m a a w v v v 3 v� O = O •- w a o v r i7 E u m } v i p v m U � o u� v � a m � N v Y'u N p iJ ti } a a � n ai o O � vn a w .n :a o O m Y y b N C m c � b A :h Gj m v u � N m C O am O E N O � m � m C � L m d O O o w y u Y v o m ro £ aY C O a "N •y C � 5 u D ;^ •u uVVVG��< Y �f v � l c ^' y C E n v .Y =g m o, c w Fc a T .Q e m E CW G 0 � � t3 yC_ N O b Jtl+ E a C: 0 d - � �e mU © S m .. E s 1; CL 0CL t M b ` O 7 E i U 0 ; pa w 0 � I r p Q✓ J E ttl CV ui 0 m t �n Oa FIE iT,", ii CL Wim ` ® � a. �Imm ry U- a v n O VI m a a w v v v 3 v� O = O •- w a o v r i7 E u m } v i p v m U � o u� v � a m � N v Y'u N p iJ ti } a a � n ai o O � vn a w .n :a o O m Y y b N C m c � b A :h Gj m v u � N m C O am O E N O � m � m C � L m d O O o w y u Y v o m ro £ aY C O a "N •y C � 5 u D ;^ •u uVVVG��< Y �f v � l c ^' y C E n v .Y =g m o, c w Fc a T .Q e m E CW G 0 � � t3 yC_ N O b Jtl+ E a C: 0 d - � �e mU © S m .. E s 1; CL 0CL t M b ` O 7 E i U 0 ; pa w 0 � I r p Q✓ J E ttl CV ui 0 m t Z U h- t Z W 0 h a° a >- } a K< -jw C 0 CL O E 1-- U. O 2 n ° Z Z h- t 0 h 60 C U � ni L c� 5 W i C� r- ,O O CL ® Id] u S i± LU O t0 LU � H, O ® G U h 0 to0 h 60 U � L c� 5 W C� r- ® u S LU LU � ® G 0 to0 i3 DATE: June 18, 2013 ITEM NUMBER: 9C Legal Department Report: Dairy Days Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • EMME=0 DATE: June 18, 2013 IT 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS