The URL can be used to link to this page

2013-09-10~~ ~~~ E IDIAI`~T~~^-' CITY COUNCIL WORKSHOP I D A, H C8 MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 10, 2013 at 3:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A, Approve Minutes of July 9, 2013 City Council Budget Hearings B. Approve Minutes of July 10, 2013 City Council Budget Hearings C. Approve Minutes of July 16, 2013 City Council PreCouncil Meeting D. Approve Minutes of July 16, 2013 City Council Meeting E. Approve Minutes of July 23, 2013 City Council PreCouncil Meeting F. Approve Minutes of July 23, 2013 City Cauncil Meeting G. Approve Minutes of August 6, 2013 City Council Special Meeting H. Approve Minutes of August 13, 2013 City Counci! Workshop Meeting I. Meridian Community Block Party 2013 Sponsorship Agreement Between All CAD Northwest and the City of Meridian for aNot-to-Exceed Amount of $750.00 J. Approval of Agreement for Use of Kleiner Park by Idaho Promotions Group, LLC for TUP-13-0070 Chili and Salsa Fest Meridian City Council Meeting Agenda -Tuesday, September 10, 2013 Page 1 of 4 All materials presented at public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City ClerEc's Offce at 888-4433 at feast 48 hours prior to the public meeting. ~~ _ K. Modified Development Agreement for Approval: MDA 13-011 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Modify Certain Provisions Approved with the Recorded Development Agreement {Instrument #106187189) L. Modified Development Agreement for Approval: MDA 13-008 Twelve Oakes {fka Hark's Canyon Creek Subdivision by JLJ, Inc. Located at 1845 W. Franklin Road: Amendment to Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for Mixed Use Development M. Development Agreement for Approval: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 114 Mile Nor#h of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L-O {Limited Office} (1.79 Acres) and R-8 {Medium-Density Residential} (3.63 Acres) Zoning Districts N. Findings of Fact, Conclusions of Law for Approval: SHP 13-002 Ennis- Thrivent Condominium by Dave Evans Construction, LLC Located 2450 E. Gata Street Request: Short Plat Approval for Three (3} Condominium Units in One (1) Building in a C-G Zoning District l~. O. Agreement for Use of Parklet by Sunrise Cafe P. Canterbury Commons Subdivision No.1 Multi-Use Pathway Easement Q, First Amendment And Addendum To Master License Agreement with Ada County Highway District For Regulation And Maintenance Of Sidewalk Facilities In The Meridian City Core R. Award of Bid and Approval of Agreements for the Waste Water Treatment Plant Lab and Administration Buildings -Bid Packages 1 {Sitework} 8~ 2 {Fencing) to Alta Construction, )nc. and Cascade Fence Company, Inc. for the Not-To-Exceed Amounts of $380,293.00 and $22,850.00 Respectively 5. Community Items/Presentations A. Present Volunteer of the Year Award to Tom McKinstry B. Urban Parking - Discuss Potential Changes to Parking Policies and Standards in Downtown, and Traditional Neighborhood Districts 6. ]terns Moved From Consent Agenda None Meridian City Council Meeting Agenda -Tuesday, September 10, 2013 Page 2 of 4 Ali materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Department Reports ~. A. Mayor's Office: Resolution No, 13-943: Reappointments to Meridian Development Corporation Approved B. Economic Development: S#rategic Plan Update C. Community Development: Review of Ada County Highway District`s 2014- 2018 Integrated Five Year Work Plan {IFYWP} D. Parks & Recreation and Legal Departments: Proposed Update to Parks Code E. Legal Department: Interagency Agreement for Sale and Transfer of Real Property with Ada County Highway District Approved F. Legal Department: 2013 Addendum to Lease Agreement Between Lakeview Investors, LLC and the City of Meridian This item will come back on the 9117113 agenda G. Police Department: Transfer of Animal Control Duties and Equipment to Idaho Humane Society H. Fire Department: Overtime Discussion Continued Public WorkslLegal Departments: Discussion of Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District Moved to Special Joint Meeting Agenda 8. Ordinances A. Ordinance No. 13-1574: An Ordinance for the Re-Zone of 5.85 Acres of Land Known as the Bainbridge Subdivision {RZ 13-005} Located on the South Side of Chinden Boulevard Midway Between N. Ten Mile Road and N, Black Cat Road from L-O to R-8 Approved B. Ordinance No. 13-1575: An Ordinance for the Annexation of 5.34 Acres of Land Known as Jack's Place Subdivision (AZ 13-006} located East Side of S, Meridian Road, approximately 114 mile north of E. Victory Road from RUT to L-O and R-8 Approved C. Ordinance No. 13-1576: An Ordinance for the Re-zone of 5.52 Acres of Land Known as Fast Eddy's [RZ 13-006) Located at 710, 730, 750, 770, & 770 W. Ustick Road, Meridian Idaho from C-N to C-C Approved Meridian City Gouncil Meeting Agenda -Tuesday, September 10, 2013 Page 3 of 4 All materials presented at public meetings shall become property of the Gity of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 46 hours prior to the public meeting. D. Third Reading: Ordinance No. '13-'i573: Adopting Idaho State Plumbing Code and Loca! Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies Approved 9. Future Meeting Topics None Adjourned 5:23 p.m. Meridian City Council Meeting Agenda -Tuesday, September 10, 2093 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation far disabilities related to documents and/or hearing, please contact the City Glerk's C3ffice at 888-4433 at least 48 hours prior to the public meeting. Meridian_Cty Council September 10, 2013 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, September 10, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Emily Kane, Ted Baird, Jaycee Holman, Bruce Chatterton, Caleb Hood, Brenda Sherwood, Steve Siddoway, John Overton, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'd like to welcome you all to the City Council meeting. For the record it is Tuesday, September 10th. It's 3:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: For this afternoon's agenda on Item 7-A, that is Resolution No. 13-943. 7-H there is a request to continue this item to a date to be determined. Under Ordinances, 8-A is Ordinance No. 13-1574. 8-B is Ordinance No. 13-1575. 8-C is Ordinance No. 13-1576. So, with that, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd I have a motion and a second to adopt the agenda as printed. All those in Meridian City Council Workshop September 10, 2013 Page 2 of 46 favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of July 9, 2013 City Council Budget Hearings B. Approve Minutes of July 10, 2013 City Council Budget Hearings C. Approve Minutes of July 16, 2013 City Council PreCouncil Meeting D. Approve Minutes of July 16, 2013 City Council Meeting E. Approve Minutes of July 23, 2013 City Council PreCouncil Meeting Approve Minutes of July 23, 2013 City Council Meeting G. Approve Minutes of August 6, 2013 City Council Special Meeting H. Approve Minutes of August 13, 2013 City Council Workshop Meeting Meridian Community Block Party 2013 Sponsorship Agreement Between All CAD Northwest and the City of Meridian for aNot-to-Exceed Amount of $750.00 J. Approval of Agreement for Use of Kleiner Park by Idaho Promotions Group, LLC for TUP-13-0070 Chili and Salsa Fest K. Modified Development Agreement for Approval: MDA 13-011 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Modify Certain Provisions Approved with the Recorded Development Agreement (Instrument #106187189) L. Modified Development Agreement for Approval: MDA 13-008 Twelve Oakes (fka Hark's Canyon Creek Subdivision by JLJ, Inc. Located at 1845 W. Franklin Road: Amendment to Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for Mixed Use Development Meridian City Council Workshop September 10, 2013 Page 3 of 46 M. Development Agreement for Approval: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L-O (Limited Office) (1.71 Acres) and R-8 (Medium-Density Residential) (3.63 Acres) Zoning Districts N. Findings of Fact, Conclusions of Law for Approval: SHP 13- 002 Ennis-Thrivent Condominium by Dave Evans Construction, LLC Located 2450 E. Gala Street Request: Short Plat Approval for Three (3) Condominium Units in One (1) Building in a C-G Zoning District O. Agreement for Use of Parklet by Sunrise Cafe P. Canterbury Commons Subdivision No.1 Multi-Use Pathway Easement Q. First Amendment And Addendum To Master License Agreement with Ada County Highway District For Regulation And Maintenance Of Sidewalk Facilities In The Meridian City Core R. Award of Bid and Approval of Agreements for the Waste Water Treatment Plant Lab and Administration Buildings -Bid Packages 1 (Sitework) & 2 (Fencing) to Alta Construction, Inc. and Cascade Fence Company, Inc. for the Not-To-Exceed Amounts of $380,293.00 and $22,850.00 Respectively De Weerd: Item 4 is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There are no changes to our Consent Agenda, so 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, please call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council Workshop September 10, 2013 Page 4 of 46 MOTION CARRIED: ALL AYES. De Weerd: Council, I first would like to introduce my job shadow today and, actually, I'm going to have my guest introduce himself and tell you why he's sitting next to me, so there is your -- Zeynalov: Riyad Zeynalov. I am an exchange student from Azerbaijan. Nice to meet you. De Weerd: This is -- this is one of the -- I don't know if it's a requirement that he has to pain himself to hang out with the Mayor all day, but he's been my sidekick all day and it's been a joy having you. Item 5: Community Items/Presentations A. Present Volunteer of the Year Award to Tom McKinstry De Weerd: Okay. We are under Community Presentations and -- Niemeyer: Madam Mayor, Members of Council, we are here to present the city volunteer of the year award. This is a follow up from our picnic in which we present our other awards. If you allow me I'm going to go ahead and spin the podium around if that's okay. De Weerd: We'd rather see Tom than you anyway. Niemeyer: Tom, if you want to come up here and join me and I'm going to bring Pam up as well. I know she's going to punch me for doing this, but I'm going to bring Pam up as well. Madam Mayor, Members of Council, it's my pleasure to announce our volunteer of the year award for the city and I would like to read the nomination, if that would be okay. Volunteer of the Year 2013. This man has been involved in Meridian as a volunteer for over 35 years. He is also along-standing member of the Meridian Chamber of Commerce. He makes it a priority to be available when someone needs help. He has always promoted Meridian as the place to be. He supports local business, lends a helping hand to other civic organizations, and recruits others in the community to take on the volunteer spirit in an investment in the future of Meridian. Committed to serving those in need, he has been a volunteer for the Meridian Food Bank for about eight years. Year after year every week he drives to Meridian library, schools, and local businesses to gather donated food items. During the holidays he makes daily runs to cover the growing needs and the growing giving, all in an effort to keep the shelves at the food bank filled and making room in the food bins for the extra food given during the season. Starting as a member of one of our longstanding service clubs, the volunteer is a charter member of the Meridian -- the volunteer is a charter member of the Meridian Optimist Club. He was instrumental in growing the club by taking on leadership positions, spearheading the growth of the junior rifle club, being one of the organizers Meridian City Council Workshop September 10, 2013 Page 5 of 46 for Meridian Optimist Easter egg hunt, bicycle -- is there anything you have not done? Bicycle safety and many other projects that have helped Meridian maintain the reputation of being a great place to work, live, and raise a family. Over the last year he's invested many hours in various capacities for the Meridian Fire Department. One area of huge significance is that he has been instrumental in the success of Project Safe by installing hundreds of fire alarms in Meridian homes to protect families from the devastating effects of fire. The hours and commitment to keep people safe exemplifies what is best about this volunteer and also what is best about a community like Meridian. No job is too big or small that he is not willing to help with. As an ambassador to the City of Meridian he is second to none. He is beyond deserving. So, please, join us in congratulating Tom McKinstry as the City of Meridian's Volunteer of the Year for 2013. At this time, Tom, we do have a plaque for you, as well as a gift from the city. What isn't mentioned here, too, is all the other things that Tom has helped our department with. I know that Chief Shaul and some of our logistics needs, you have been a great volunteer, you have been a great stepping stone and a springboard for us to look at further volunteer opportunities, so I would like to present this to you and thank you very much. De Weerd: Thank you, chief, and thank you, Pam, for the nomination and thank you, Tom. It's citizens like you that help define the community that we are and certainly it's the service that you give our community that continues to put us on the map and it helps our departments really leverage resources to make sure that give quality service to our citizens. So, we gratefully appreciate and our heartfelt congratulations. Thank you. B. Urban Parking -Discuss Potential Changes to Parking Policies and Standards in Downtown, and Traditional Neighborhood Districts De Weerd: So, Item 5-B is urban parking and I will turn this over to Caleb. Hood: Thank you, Madam Mayor. Dan Basalone with Meridian Development Corporation is also going to join me and we are going to do a little tag team presentation here on this item. I'm going to just quickly introduce the topic and, then, turn it over to Dan for a little bit of perspective. We have been talking -- we, city staff and some members of the MDC board, in particular their parking committee, have been discussing some of the parking issues n downtown Meridian now for some time. I have only been part of that discussion in earnest over the past couple of months, but Brian McClure in my office and Bruce Chatterton have been part of those discussions, too. Earlier this year, just a couple months ago, the MDC board did rescind the resolution where they adopted an in lieu of parking fee -- not policy, so the -- before that happened we did some research and one of the barriers that we had identified to development and redevelopment in downtown was the parking issues. Again, more specifically the fee that would be associated with properties that either couldn't or was cost prohibitive to provide on-site parking. So, again, MDC recently rescinded that resolution and I will be talking to you after Dan gives a little bit of his perspective about the implications to our companion resolution that we adopted in 2007 as well as city and, then, potential code Meridian City Council Workshop September 10, 2013 Page 6 of 46 changes that we could amend to have new standards for parking requirements in downtown. So, before I get into some of those details, again, I wanted to turn it over to Dan for a few minutes to kind of give his --his perspective. De Weerd: Thank you, Dan, for being here. If you will just, please, state your name for the record. Basalone: Dan Basalone. I'm a member of the Meridian Development Corporation board of commissioners, resident of the City of Meridian. De Weerd: Thank you, Dan. Basalone: Mayor de Weerd and Members of the Council, it's a pleasure to come before you today and discuss this issue. It came to our attention honestly through the research of the planning department here in the city. Those of us who are fairly new to the commission and we -- I joined about two years ago -- really were unaware of this particular policy and in researching it and hearing from the city planning department and not knowing exactly what the ramifications were six years ago in 2007 when this policy was enacted, it appeared to us at this time that it needed to be rescinded and a new policy formulated. The policy that was rescinded, as you well know from the memorandum that was sent to you on September 5th by Caleb, is a fairly restrictive -- was afairly restrictive policy. It really only allowed for two means for a developer to increase parking in the downtown area if they wanted to develop property in this area. It was either provide on site parking, enough spaces, one for every 500 or so square feet, or pay an in lieu fee of approximately 10,000 dollars for each of those spaces, but that could only be done up to about 50 percent of the needed space. So, it appeared to us that two things were occurring. First of all, the fee itself was there and appeared that it would be a hindrance based on the size of property in downtown areas and the amount of space available and if somebody wanted to develop were they willing to pay that in lieu fee. The other thing was that over the six year period that the policy had been enacted no one had ever utilized it and there could be a lot of reasons for that as mentioned in the memorandum. It could be because of the economy and people weren't developing property or it could be that why would I want to tie up money for two years, probably get it back after two years, not knowing what the policy is -- how this money is going to be used within the policy, where is it going, where is it going to be invested in the meantime before property is developed and so forth. So, it appeared that this policy was both inflexible and a possible hindrance and that's why we rescinded it and why we are before you today is that the policy that is enacted or would be enacted would be a policy that is both agreed upon by the Meridian Development Corporation and by your Council and before we make a final decision, even though our parking committee has discussed it at great length and Caleb will refer to that parking committee today, we have not made a final board determination as to what that parking policy should be, because certainly -- and we recognize that probably all the members of this Council have dealt with parking as an issue in development as a need in this area, especially the downtown core area and we value your input before any policy is enacted by us especially and certainly by you. So, with that I'm going to turn it back Meridian City Council Workshop September 10, 2013 Page 7 of 46 over to Caleb and he will kind of go over the fine points of where we are now in terms of the policy. Caleb. De Weerd: Thank you, Dan. Basalone: You're welcome. Hood: Yeah. Thanks, Dan. So, we are -- like Dan pointed out, we are at the staff level still where we have been meeting with the parking subcommittee. I do have a recommendation, though -- a soft recommendation if you will of what we have come up with over the last few meetings of that parking subcommittee and city staff. I have talked to Bruce and Brian about these draft standards and just kind of want to get a feel from the Council if you think we are heading in the right direction to actually submit a UDC text amendment. Justin Lucas was here last month presenting some -- some draft text changes, fencing, irrigation easements and how we address those, those types of things. So, we are looking at potentially rolling in parking changes into our city code, as well as rescinding again the resolution from 2007 that the city adopted regarding the in lieu fee. Before I go into some more of those details, it is mostly just in the downtown area, but I do have some other things that we have talked again at the staff level since we are addressing parking requirements. Just as a refresher. You deal with this pretty regularly, but --and Dan mentioned it, but the standard is for -- for retail users and office users the standard is one car park on site for every 500 square feet of gross floor area. That is how current city code works across the board. It doesn't matter where you're at in the city or what your zoning is, if you're that use you provide on site parking requirement. There are, however, currently adopted two forms of alternative compliance that the code allows and those are -- if you have a shared use agreement a good example would be like a retailer with a church and they can share a parking lot, because the conflicts usually are peak and off peak hours, so you can share a facility like that. Or if you have a transit stop that's within a quarter mile of your property and/or if as an employer you put together a car pool or a van pool program we can reduce the required number of on site parks proportionately to however many people are participating in that program. So, currently those are all options on the table and that would apply to everywhere else, except for Old Town right now because of the resolution that says, as Dan mentioned, there are only two options, you either put it on site or you pay into this pool money -- or some combination of that. You can pay for a couple of stalls and provide a couple of stalls. But that's what's on the books now and so what we have talked as that group would be instead of in -- in the Old Town area -- Old Town zoning specifically, if you're zoned OT the standard we would propose is half the requirement. So, one per thousand square feet and that would be -- also in conjunction with that would be a -- I hate to use the term grandfathered, but any existing square footage you have would already be accounted for. Your parking -- somehow your parking today, whether that be on site or on street or somewhere in the neighborhood, that square footage is accounted for somehow. So, it wouldn't be retroactive. If you have got a thousand square foot building and you want to do a thousand square foot addition, you need one new car park. It wouldn't be, okay, now you need two because you have got 2,000 square feet. Well, a thousand already Meridian City Council Workshop September 10, 2013 Page 8 of 46 exists. Kind of along that same vein if you were to raze the building you could also get a credit for that square footage, but the caveat to that is you would need to reconstruct on that same -- to get that credit you would need to be -- commence construction on site within 18 months of the demolition permit being issued. So, that's to say, as an example -- and, hopefully, there is still a ray of hope. I'm holding out that the McFadden building can be saved and not razed. But if someone were to go and get a -- hire an architect and verify that whatever square footage is there and they knock the building down and reconstruct, if it's the same square footage we wouldn't have any new requirements for parking. If they were to raze the building and not reconstruct within an 18 month period, then, it's a clean slate and every thousand square feet of building that goes up there you would need to provide an on site parking stall or this alternative -- go through the alternative compliance section, which I'm going to get to here in just a second. So, anyway, that's -- that's probably the biggest thing so far is that this subcommittee and city staff have come up with a one per thousand requirement for any new square footage added to buildings with the credit. The other thing that we have spent some time discussing was the boundaries of this. We have got the destination downtown plan, which has different districts within the plan. There is seven different areas, traditional neighborhood center, TOD area for the city and we would be the ones charged with -- it's our standard we are charged with carrying out whatever standard is for parking, it's cleanest and most simple for us to, again, use the OT zoning. So, if you're zoned OT that's when this parking standard would apply. We talked about should it go from Broadway or Carlton to State or Bower, you know, Meridian to 3rd and it just got too convoluted. So, we thought, you know, if you're in -- in the greater downtown area that just makes the most sense for the planners that basically have to verify you have got the required on site parking. It's the cleanest way. We don't have to go to three different documents and see, okay, what's the standard, what's the parking requirement in destination downtown, what does this plan say, and it just -- it's how we regulate a lot of the other users -- uses is through the UDC and the underlying zoning. So, that's, again, kind of a recommendation. To kind of get away from downtown for just a second, like I said, while we are in here kind of looking at the parking standards, it goes hand in hand with our Old Town. Again, it's a mixed use, pedestrian friendly vision for our downtown. We do also have two other neighborhood -- traditional neighborhood districts that have real similar visions. We only have I think five or six acres at this time that are actually zoned TN-R or TN-C, but that same standard we would look to apply to those small nodes of mixed use where you're looking for vertically integrated or horizontally integrated mixed use developments that these standards could also be applied. Some incentives can get some developers to actually do mixed use projects, which we just -- we don't see. So, we think this could be an incentive not only for downtown, but for some small pieces of these neighborhood commercial type nodes that we got planned throughout the town on a smaller scale than downtown, but -- but that's also the standard that could apply and that's what our -- again, the soft recommendation to you today. If that makes some sense. It's the same philosophy for our downtown as it would be for some of these smaller mixed use neighborhood serving zoning designations. So -- and, then, the final thing I think I wanted to explain today where we kind of landed as a recommendation to all is the -- an additional compliance option. We have -- we have discussed what -- you know, again, how unuser friendly the Meridian City Council Workshop September 10, 2013 Page 9 of 46 current in lieu fee policy seems to be and we have come up with an option that we would like to allow the COMPASS board -- if someone comes in and says, you know, have got this great public-private partnership that I want to propose and it's something where I'm going to buy this -- this piece of ground and I need the first ten parking stalls for my business, because that's what's required of me, I know I got this many employees, I'm going to need this many, but there are two more levels and let's partner on this and I got 50 percent of it and some other alternative that we just can't codify, because we don't know what a proposal might look like. The MDC board -- as a developer you can take that to the MDC board and say here is my pitch to you. This is what city code would require. You got a 10,000 square foot building, so I need ten parking stalls. Instead of me providing that on my little lot, I'm going to put them over here and we will have a partnership. I'm going to buy the ground, I'm going to build the first level, I need you to build the next two and we got this agreement or whatever worked out and so you go through the MDC board and the board sends a recommendation or an approval back to the city and the city says it seems appropriate, I mean we can approve the development. The way it works it's not so black and white, but the board would have to adopt a policy that talks about how you would -- and a procedure for how you would get before the board and make your pitch for those -- for that type of a partnership or alternative compliance. But we would write that into city code or as otherwise approved by the MDC board. So, that would go into city code and give them some flexibility. You know, one of the examples I used was I could see a business coming in -- we got a bike shop down here downtown, you know, if they wanted to do an expansion I could see them saying, you know, our employees and pretty -- they like to ride their bikes and so instead of more on site parking, what we would propose to do is we are going to build an indoor bike storage shelter and it's not only just for our employees, but it can be public and you can rent it or whatever and there are lockers and showers or -- you know, something along that where we just again it doesn't make sense to put it in a city code that says here is all of the options you can have as a developer, but it would be something outside the box that will still have to make sense for our downtown and, you know, again, that's what we would trust the MDC board to kind of weigh and recommend approval. But that would be the other -- the other kind of tool that we would add to the tool box that really isn't defined as a -- what that proposal would look like. So, Madam Mayor, Members of the Council, I think that's -- that's where we are at at this time and I guess what I would ask for is any comments you have on those two standards of where are -- would like to head with this and, you know, I would point out it's something Iwould -- I would recommend we try -- try the standard. We have also talked about just removing the parking requirement downtown and I don't think that's where we are at. I don't think we want to go there just now. You know, having a parking problem is all relative. You will hear from, you know, some business owners now and some patrons even that do talk about Ican't -- I can't park where I want to park. You know, sometimes having -- if you can't pull up right in front of a business, that's oftentimes good for business. That means they are busy. And having to walk a block or two isn't always a bad thing, so -- but I'm not really ready to just say or recommend to you all that we just remove the parking requirement. I think this is a step in the right direction. I'm hopeful that it does provide some incentive, if not be more developer friendly for more investment downtown and, again, I look for any -- Meridian City Council Workshop September to, 2013 Page 10 of 46 any comment or feedback you have as you look to prepare a UDC text amendment for full public comment. De Weerd: Thank you, Caleb. Council, any questions, comment? Bird: I have none. De Weerd: Dan, anything you want to add? Basalone: Just if there are any questions or clarifications that are needed. I think Caleb did an excellent job of kind of laying out the parameters of what we are looking at. It's a work in process, obviously. There are no final decisions that have been made, so any input would be gratefully appreciated. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Has MDC undertaken any business owner outreach to discuss the various options and some of the incentives that you're talking about? Basalone: The members of our parking subcommittee, many of which are local business people or residents in this area, and so, yes, we have received input from local people. I can tell you I'm a local property owner, too, so -- as a volunteer on the board. So, yes, we have sought out the local businesses and the local property owners and also potential developers. We do have a potential developer who has given us input. Rountree: Excellent. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I am still framing my comment as I speak, so if I get ahead of myself I'm sorry, but to me the downtown, Old Town area is unique and I understand why our ordinances have the parking requirements they do. If you're visualizing a larger shopping area the Crossroads or the Village at Meridian, there is no public parking. You can't park on Eagle or park on Fairview to get to those businesses. So, they must provide all the parking. Downtown doesn't have a lot of it, but it does have parking -- public parking on the streets and even a small public parking lot and to me it makes sense to consider that that does exist and, therefore, the direction that you're going of saying, okay, the downtown spaces don't need one space for 500, because that's not the only parking. They don't have to supply every parking space, so we can use the public parking spaces and that seems fair to me. So, I guess I'm speaking in support of the directions we are going, you know, whether it's the exact details or not I'm happy to listen to staff and the parking committee of MDC and -- but I Meridian City Council Workshop September 10, 2013 Page 11 of 46 appreciate the direction it's going and I can see some sense to it. Basalone: Thank you, Councilman Zaremba. That's exactly our feeling is that there needs to be flexibility, that you can't have a couple one size fits all kind of policy that appeared to us, you know, was more geared to metropolitan area than our historic downtown area where many -- we don't have a lot of excess property and if a developer came in and say wanted to buy up a block and build something on a full block, we would still have a city ordinance policy that would cover that. But for the existing businesses and the potential smaller developments that are going in downtown and the mixed use, that it isn't necessarily all going to be retail. We have churches. We have other entities other than our downtown area. So, the flexibility to us is really key and we think that is what will help overall development of our downtown area and keep its historic nature. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, you mentioned that you had some deliberation about just having no ordinance with respect to parking downtown and I'm not saying this to support it, but I would like to see as you bring forward your recommendation, at least a statement or some sort of analysis of why that is not a good idea. Chatterton: Madam Mayor, if I could jump in. Council Member Rountree, I mean you bring up a good point and there was support from some members of the MDC parking committee for that very idea. In fact, many ideas around the -- and many downtowns around the country have actually said we are not going to require parking at all in the downtown. There -- and, of course, we are not proposing that at this point. I think we want to take a baby step and see how it works and make sure that -- because if you don't understand the reasons why, that can maybe be a hard communication job there. There are really three reasons in my mind why -- and I think we have found this again and again over the years -- why you can reduce parking downtown. First is -- as Council Member Zaremba pointed out, you have on street parking. You have public parking available. Second, if you impose suburban parking standards on a downtown you're not going to like the results. You're going to end up with big -- you're going to end up with missing teeth. Basically, those often -- and Boise's had this problem with historic buildings being razed or relocated for parking. And the third thing is that we found -- there is a big body of literature and a lot of experience that shows that type of development you get in downtown generates less demand for parking than you do -- than the types of usage you get in a more suburban setting. So, our feeling was let's try to get -- introduce this, see what the experience is like. If we have problems we can always make adjustments to it. Rountree: Thank you. Hood: And to follow up, I will -- in the staff report I will do some analysis, though, that speaks to some of those things and -- Meridian City Council Workshop September 10, 2013 Page 12 of 46 De Weerd: Anything further from Council? Bird: I have none. De Weerd: Okay. Thank you so much for your report. Thank you for joining us, Dan. Basalone: Glad to be here. A labor of love. De Weerd: Yeah. We appreciate that. We know it's a labor of love. Bird: See you in the morning. Item 6: Items Moved From Consent Agenda De Weerd: Okay. There were items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Resolution No. 13-943: Reappointments to Meridian Development Corporation De Weerd: So, we will go ahead and move to Department Reports. Under that is the resolution that is in front of you, Council, 13-943, reappointments to the Meridian Development Corporation. Council, I would entertain any questions or would appreciate a motion to confirm. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution 13-943, reappointing the three members to the MDC board. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Economic Development: Strategic Plan Update Meridian City Council Workshop September 10, 2013 Page 13 of 46 De Weerd: Item No. 2 is 7-B -- or 7-B is our second item under Department Reports and we will call Brenda forward. She will give you an economic development strategic plan update. Chatterton: Madam Mayor and Council Members, if you're wondering why I'm crowding the podium here, I just wanted to sort of -- this is really Brenda's -- Brenda's show here. I just wanted to bring up a few points -- some thoughts. As you all know, when Brenda gave this presentation a year ago she had just recently become part of the Community Development Department and I just wanted to point out some of the ways in which we have really begun to fully integrate economic development as a division in its own right within Community Development. Now, when we have a customer coming in, rather than being sort of one step removed from it, whether it's a -- a site selector for an employer, Brenda is right there and she can talk to Bruce Freckleton to get the necessary water and infrastructure capacity, have that information right there. If there is a customer that's concerned about moving in quickly, she can talk directly to Caleb and his staff. She can talk directly to Brent Bjornson. So, the one step removed -- it's really -- really an integrated approach and what we have done is we had a team, but we are also building a team around Brenda and her economic development program. So, I just wanted to point that out and I'm -- I just had a couple of thoughts here about a future direction and I wanted to daylight a few concerns that the Mayor has asked us to work on and it really has more to do, than anything else, with a competitive advantage that we are finding ourselves in in some ways. We are finding the other cities -- now not just other cities in Idaho, but other peer cities to Meridian in the intermountain west are recruiting employers successfully. We are at a competitive disadvantage in many ways to some of these communities, both within Idaho and outside Idaho. We all know the natural strengths. It's not surprising. We all know Meridian's natural strengths demographically where we are located, the transportation network. But in my mind we are sort of like an natural athlete that's missing the bat and the mitt, maybe even the ball in some ways. We are missing some tools that other communities have. Other community incentives that are -- they are using to bridge gaps -- financial gaps for recruitment and to actually seal the deal. It's very common for us to be asked by -- you name it. BVEP. The Department of Commerce. A site selector. So, what can Meridian do? What else can you bring to the table? Because this is a competitive situation and our answer is -- and it's no small thing -- well, we will lend you a helping hand. We will make it quick. We are going to be the quickest, most friendly jurisdiction you have ever worked with and we have a whole bunch of customer testimonials that attest to that. But those are things that I refer to as process incentives, making it fast, making it easy only goes so far. There is real money. Real time involved with that. But that's hard to often quantify. The biggest example of cities bringing incentives to the table that everyone -- the incentive is quite a bit and we will be hearing more about it, of course, is Chobani in Twin Falls. That is something that Twin felt that they needed to do and it's gotten a lot of, you know, recent mold issues aside, I think it's going to -- they are going to reap huge benefits for that community and for Idaho. I'm not saying that we do a deal like that. It has to be, of course, something right for Meridian that's a natural for us. But we lack -- we lack many of these tools and also another issue is that we Meridian City Council Workshop September 10, 2013 Page 14 of 46 keep finding that industrial land and space is more expensive and we don't have the space for -- physically for large users that are often the folks that -- say BVEP or Department of Commerce will bring to us. So, as I mentioned, the Mayor has asked Brenda and I to develop a new economic development strategy. So, we want to really sort of kick it off now. As Brenda is going through her presentation she's really going to be coming back to some of these things -- some of these same issues and ideas. What we want to do is create a really robust steering committee of folk that are committed to Meridian's success. Talk to a lot of folks. Talk about the tools out there. What have we left on the table. We want to focus on what incentives really meet our needs. In many cases tax increment financing is being used as an incentive. Deferral of impact fees. Reduced permitting fees. There are many other special districts, any of which Brenda is more -- knows much more about than I do. We want to at least put on the table the idea of urban renewal expansion. Now, by expansion I mean a new district that would, or course, under law would have to be managed by -- by MDC and, of course, we would want to look at all the legal and practical ramifications of that. I'm now saying we launch on that, I'm saying we need to look at it as one of many tools that perhaps is missing in our tool set that other communities are using. We also have an economic impact model, which has not really been used. I don't know if those of you who were on the Council back in -- I believe it was '06 when this was created. It's a wonderful tool for determining the economic impact of different types of development and when you use a tool like that to see if we are in balance, if our land uses are in balance into the future and to see how they pencil out, how much does it cost to serve them, how much revenue do they bring in? So, we would like to dust that off and I should mention very quickly that the Idaho Smart Growth is aware that we have this model, they are very excited about it, they have talked to the consultants that we use and they are going to be touting this model all across Idaho and one of the things we like to do is have -- as with Smart Growth and Anne Wescott who was on the consulting team, come back for a refresher, so that we can start talking about how we appropriately use this -- this tool, that we use it in development review, that we use it just for comprehensive planning, but it's something that we should be working on and using more, because it's really -- it's a great approach. Finally, we need to look at our industrial land uses, that we have enough gray on the land use plan map. Is it located where we need it? Is it configured properly? In any of these circles right now everyone is excited about -- about industrial and they will look to see are we really bringing everything to the table that we can when it comes to -- to incentives and to our land use plan. It spite of that we are succeeding and Brenda is going to talk of some -- about some of the successes here. But the overall message is let's take it up a notch and see what we can do to improve things, even better than they are now. So, I'm going to let Brenda move ahead. I will be happy to help answer any questions about what I have just said as -- hopefully at the end of the presentation, so -- Sherwood: Great. De Weerd: And so he throws a bomb and leaves. No, I'm kidding, Bruce. Sherwood: Madam Mayor, Members of the Council, thank you so much for this Meridian City Council Workshop September 10, 2013 Page 15 of 46 opportunity to come and talk to you about some of the things that we have seen, some of the initiatives that we are working on and some of our strengths and some of our weaknesses. Just some other things that we're going to cover today. We are going to talk about business recovery and as he just mentioned, we are calling this sort of setting the stage. I think that the next few years are going to be imperative. We are seeing a lot of activity and how we move on it is very vital. We are going to talk a little bit about our projects and our initiatives, economic development, integration into community developments and, then, of course, our cornerstones, those things that I'm always continually working on, business retention and expansion, business attraction and recruitment, updates on some of our collector developments and some of the things that a lot of the cluster developments that I'm going to talk about are things that I'm really getting a lot of great support from the state on. And, then, we will end once again talking -- kind of closing on what some of the threats and opportunities are. So, business recovery. Like I said, we are setting the stage, we are seeing a lot of activity right now. During our retention visits we found that most of the companies that we have met with they are seeing their revenues back where they were before the recession. We are also now this year --just this year starting to see a lot more jobs added. Last year as the revenues went up, the gross domestic product was back to where it was before the recession. There was a lot of fear about adding employees. Well, we are seeing that activity now. So, that's a very positive for growth in our economics. Talk a little bit about new commercial permits. This year, our current year, we are at 39 commercial permits. Last year we had 40. We still have four months left, so we are going to bypass that. I did a little breakdown. About 72 percent of that -- of those permits that we have right now are retail, some office, and that were -- I'm sorry. Retail and services through -- is a larger percentage. Now, we will talk a little bit more about that under attraction and why that is. Site selector request for information. This has really increased. I will break that out as we go into attraction and talk to you about it, but we have been distributing marketing information about Meridian to about 42 site selectors that have come on board to our Linkedln, through our a-mail, and making sure that we are working with the relocation consultants to get them the information that they need quickly. We have contacted and followed up on 59 leads. A lot of those are in our public safety training center. Cluster developments. So, I will talk a little bit more about that when we get to our initiative. Meridian job creation. Like I said, this is really positive for us this year. We didn't see a lot of this job activity. We see it continue to grow, but now it's really moving forward. The five industry increases -- construction, of course, we are seeing a lot of construction. Healthcare services, one of Meridian's strong strengths. Our professional -- one of the things I really enjoyed seeing was professional, scientific, and technical services. That's imperative. It's where we have been lagging in the past throughout the valley. So, seeing this was a very positive piece. A lot of it has to do with additions at Scentsy, at -- Blackhawk has been adding some more people. So, there is a lot of our larger corporations that are adding. So, that's where some of those numbers come from. And, then, of course, accommodation and food services and, then, retail. So, the number of jobs created in 2012 to the current quarter one -- and that's only quarter one -- it's 2,200 jobs we have added. So, of course, economic -- Bruce talked a little about the integration into community development and I have to tell you what a positive aspect this has been. It's been a Meridian City Council Workshop September 10, 2013 Page 16 of 46 smooth transition. I have the heart of the entire community development team and that's been imperative. I will tell you we had a data center call the other day and they asked me about a piece of property. Within 15 minutes I was able to call them back, basically outline how long it would take us to annex that piece of property. Pretty quick response. We created the dashboard, so that each month we could look at our progress. We could send it to you. But not only use that, I use it as a market tool for some of our developers and for some of our site selectors. Our response to requests for information, as I just mentioned, is just -- it's been imperatively quick. We are able to return calls right away and tell them what the process will be. Not only that, but our ability to work with businesses through the entire process has improved. Customer service really has improved quite a bit. But not only that, as Bruce was mentioning, we can look at some of the issues, the concerns, in all three of our departments and strategically look at how we are going to solve those solutions in the future and one of the things that our staff action team has been working on is a small business coordinator pilot. I do remember last year I reported to you that BVEP did a survey with some of the large developers and found out that we were by far the best city to do business with. We were the quickest and so we were rated probably about 8.5 out of a ten, a scale from one to ten. But when we started doing some small business focus groups we found out that some of the small businesses, the first timers, were kind of getting left behind. So, the staff action team moved forward and they said let's create this pilot program. So, we are about ready to launch that. We are hoping -- we know that it will be a success and we are hoping to look at resources so that we can make that afull-time position. Of course, one of our cornerstones is business retention and expansion. We know that 80 percent of the jobs that are created in the city are created by the companies that are already here. We have done about 192 one-on-one business meetings. Those are the meetings with the Mayor. I have been doing meetings myself with -- C.J. has been part of that team as well -- with the Chamber of Commerce. So, a lot of people -- and especially the Department of Labor. We actually throughout the months get together, we had 65 organizational meetings to kind of look at some of the issues that we are facing and how we as a team can kind of find solutions for those of things. The results of our retention visits -- jobs. Like I said, we are seeing the jobs move forward. Idaho Department of Labor resources -- we are making sure that everyone that we meet with is hooking up with the Department of Labor, so that they can access different things like training programs and incentives to hire new people. We implemented a business contact manager to easily access business information. Now, you know that we were trying to do a business registry and Idaho companies, people in Meridian, they weren't quite ready for this yet. So, we are trying to find the best solution. We will be integrating this into Accella eventually, but right now we have had the split up into our industries, so we are trying to keep a better record, make sure that we are able to share that throughout all the different departments and, then, of course, we are further developing business assistant resources throughout our partners with the Department of Commerce, through BVEP, through the Chamber, so we have kind of pulled all of our expansion and retention things, so that we can find solutions for some of the hurdles that we have faced. Nearly 75 percent of the retention visits have been in our targeted areas of development. That includes healthcare, manufacturing, ag science, public safety, jobs created in 2012 1,300 and already in the first quarter, Meridian City Council Workshop September 10, 2013 Page 17 of 46 which is the latest data that the Department of Labor has is at 900 already. So, we will by far surpass that number from last year. So, I told you that a lot of our larger companies are adding new employees. There is just a couple that I just wanted to toss in and a lot of the activities in our downtown, which has been an area of our focus, but also some of -- for instance, Performance Systems, Inc., they are a contractor, but they have decided now they are going to do a lot of their manufacturing. The Department of Labor is thrilled, because they are bringing in some precision workers that do welding, machining, that we don't have in the valley. So, it's going to be a positive for our workforce. Since we were talking a little bit about downtown, I think one of the greatest catalysts was -- as painful as it might have been -- was the split corridor. But it gave Ann Little-Roberts and I, from the Meridian Chamber of Commerce, an opportunity to really get around in the downtown, talk to people, but also identify what properties were available. With the assistance of Rick Ritter we were able to land a couple small tech companies, which are actually gazelle companies, they are moving quickly, they are growing fast. So, one of those is Dental Rat. If you remember correctly, this was a dental hygienist that developed this new system and PKG actually developed it for them. In addition, there is Sounds Ford, another big rec tech, fast moving gazelle company, and, then, of course, Admin Group just moved downtown. So, you're seeing a lot of movement. Some affordable space in our downtown and a lot of tech price companies that really will be more involved in our downtown area. They have talked to us already about creating a downtown business association. So, we are working with the Meridian Development Corporation in conjunction with the Meridian Chamber of Commerce, so that we can bring those jobs here and, then, that way the -- the future restaurants, activities that we bring in, it has that captured audience. Business attraction and recruitment. We have been distributing a lot of marketing information to a lot of site selectors. One of the biggest reasons is, number one, the Village at Meridian and, number two, of course, as we have mentioned already Chobani. It's put us on the map nationally. So, we have just been getting -- besides the regular site selectors that we have been working with, we are getting other ones call in just wanting that information. We have contacted and followed up on about 57 leads. A lot of those in our public safety training center cluster developments. Conferences that I have attended just recently. We went to the International Association of Fire Chiefs trade show. The Idaho Firearms and Accessory Manufacturing Expo and I will be attending the National Tactical Officers Association trade show in a couple weeks. Now, we are focusing on our public safety training center for one main reason is that we have the support of the state. Not only that, but our senator -- Senator Hagadorn has been doing some of the retention visits with me as well. We have been talking to the companies of how they see themselves getting involved in this corridor. So, we have really gotten a lot of attention from this. In addition, the International Association of Fire Chiefs trade show -- at that event I traveled with Deputy Chief Chris Amenn that's here and we had an opportunity to talk to several different companies that were interested in doing training out here. And just so I can break it down, talk to you a little bit about what some of those industries were. We had seven leads that we obtained from this last industry show. Of course, like I said, the public safety industry -- you know, the public safety training center is definitely an opportunity for us as a city to leverage economic development. It's showing our investment to the community for public safety, but also Meridian City Council Workshop September 10, 2013 Page 18 of 46 what the state has been calling rec tech and it's definitely one of their targets as well. We received 22 leads that came from web inquiries. I'm getting a lot more web, a lot more Linkedln. Most of those -- a good portion of those are from retail and manufacturing and I want to note that manufacturing has stayed very steady here. Has grown not as much as some of the larger industries that I showed, but we have added almost a hundred jobs a year with manufacturing. So, that's very positive. We have had eight site visits by new businesses from outside of the state. A lot of those are large food processors and retail and we have had one or two offices. We have had 12 site visits by businesses from within Idaho and a lot of those are companies that are seeing our growth and want to be a part of that growth. So, we are seeing a lot of, you know, movement from within the state. Business attraction and recruitment. Just wanted to talk about a couple things. The Village of Meridian once again. It's created a lot of national attention. But I wanted to bring it up, because I think sometimes we get nervous about retail and we say are these creating the jobs that we need. Well, we -- first of all, it's definitely -- it creates an economic viable community for the companies that are moving in. They look to see, you know, what are your services, what are your retail that you have. But I bring up, for instance, Yard House. We know that CenterCal has done this project well and the companies that they are bringing in are companies that actually are eligible for Department of Labor funding. So, all of these companies are paying a wage of over 40,000, plus benefits. So, that's really positive. Not only that, they are using new technology and so they are using training dollars to train the management staff. So, that's a positive. So, let's not be too fearful of some of the retail. I also wanted to thank you. I know that most of you knew about project Bolt. This was the company that came in through BVEP and it was one that we were very excited about. It was 250 high tech jobs and it was one -- actually, since I have been here probably one of the best projects that has come in, but also in Chicago, in any city, this would have been a project that anyone wanted. So, I really commend you, because the Mayor and I were at that table and the Mayor was basically texting, trying to get some support from behind. I know that she called Brad and they were there to make sure that we could offer a little bit more, because it was -- once we heard about what this company had and what it contributes to our economy, we -- you guys were right behind us making sure that we had that support. So, I just wanted to say thank you for that. One of the things that we will talk a little bit about at the end, but it was definitely some workforce. It's not off the table and it's something that we will continue to pursue and we have just actually gotten in contact with them once again today. De Weerd: Yeah. So, stress we -- it's not a no. Sherwood: It's not a no. We don't -- we don't really take no as an answer. De Weerd: It's not acceptable. Sherwood: No. We currently have three active projects that are still reviewing property here in Meridian. A couple of them are in the Waltman property, one is over in Ten Mile. So -- and, then, one is in part of our public safety training center. And, then, of course, we are -- right now we are working to do a web makeover, just so it's easily Meridian City Council Workshop September 10, 2013 Page 19 of 46 accessible for all the site selectors. So, we will roll that out in the next month. Updates on our cluster development. Our Fields District -- this is something, as you know, I worked very hard on last year. We kind of ran into some hurdles. We have about a hundred acres and some of it being donated by one of the developers. We have a lot of partners at the table, we were looking at other companies to bring in, but we kind of -- looking at funding, workforce, we had some questions. So, what we did is we modified the white paper, we sent it to some of our stakeholders on a lot of feedback, we sent our an RFQ for consultants. We are currently reviewing the scope of the work from a potential consultant and we expect to be signing a contract shortly. Phase one would determine the feasibility of the Fields District and render a go or no go response. So, we will -- like I said, that should be -- contract should be signed. I think many of you will be contacted as stakeholders, because that's part of the initial phase is to interview those stakeholders and look at what regions to preserve some of the agriculture. 1 bring up the wine tasting cooperatives today, primarily because -- kind of moving on from ag, but also it's been a big push of the state. The reason why, if you have read, Pony just recently hit Wine Spectator and Wine Spectator, for an Idaho wine, it's the first time ever. They received about a 91 score. So, ever since that happened everyone from Hong Kong to Washington D.C. to New York has been calling to get wine. So, the Department of Tourism has made this a priority. We are working with the Meridian Development Corporation exploring opportunities for partnerships with wineries in Garden City, Caldwell's Sunnyslope, and the Idaho Department of Tourism backing us with some tourism dollars as well. It will promote our downtown Meridian activity and our goal right now is to look at how to create a viable cost efficient model. A public safety cluster development. This has gotten a lot of attention from the state. We have -- actually, the Department of Commerce is coming out next week with several of their team members to partner with me on this. We have developed a white paper and marketing material. We have engaged our stakeholders, local agencies, private partners. We are actively recruiting potential cluster development and we also when we were in Chicago I engaged FEMA and the Department of Homeland Security. Why this is so important to them is that they are still looking at incident command systems and so what they are saying is because this will be the first training center where we combine all the public safety training, emergency responders in one location, that's a huge positive for them. So, actually, states outside of Idaho are looking at how they can come to train at this facility and they also told us that because we are combining all of these emergency responders it's fairly easy and they would walk us through the grant funding process. A couple of our wins. Forward Movement training is part of our cluster development. This is, actually, a tactical training center. You will see a little picture of it there. Matt Schneider came to me months ago when he heard about -- that we were doing the public safety training corridor and he is an Ada County SWAT member, he said we need a training facility and how can we make this work with what you're doing. So, what we did, so that it wouldn't duplicate some of the things that we will be doing in our scenario village, he's opened up to the public, it's a smaller center, it will only be for tactical teams, so we are hoping to look how we can kind of, you know, do some training together in the future. He signs the contract with Sundance, 125 West Taylor Street. He's already doing concealed weapons training. I connected him in Chicago with Triple Canopy, so they are going to be bringing some training in. But not only that, Meridian City Council Workshop September 10, 2073 Page 20 of 46 some of our local private companies are going to utilize the facility. He's already booked out pretty much January and February. Another big win is, of course, GSA Direct. They will be moving here from Boise. This is part of SRM Arms. SRM Arms is similar to the Scentsy story. They started building these arms out of their garage and now they have grown pretty quick. The first year that we went to Shot Show they went with us and they did phenomenally. They are now featured in Call Of Duty, the Xbox game. So, they are growing very quickly. They are going to move into a new manufacturing facility on Pine. GSA Direct will be exclusive -- exclusively distributing their arms and this has been a big win, especially since the governor has really been going after arms manufacturers. So, this is good for us and it's something that I have been telling, of course, to ATK and many of the other ones, including Remington. Some of our threats and opportunities. As we talked about, we oftentimes get calls about being, you know, left behind. A lot of the other cities in the valley have their urban renewal. What they are doing is collecting a lot of land and offering that land to companies at a very low price and some of the cities can offer that -- that property for free. So, we are -- oftentimes when something comes in we don't have those -- those tools to use, so, you know -- and whether or not that's the route that we want to go, we have to look at it as Bruce said, how do we level this playing field. Geographically we are the center of the valley and because we are the center of the valley our property cost a little bit more and, then, of course, some of our development is a little higher. So, how can we even that out. So, we are looking at the urban renewal, but also, you know, from a perspective throughout the U.S. we have -- right now we just allocated a three million closing opportunity fund for the Department of Commerce, but many other states have anywhere from 20 million to 70 million. So, we kind of feel a little left behind, but we just want to make sure that we are looking at new opportunities. Talent recruitment. Once again, one of the things that I talked to you about with project Bolt -- they looked at the comparison of what an IT specialist cost in our state in comparison to other states. Unfortunately, what they didn't realize is that we wouldn't have the workforce, so they would have to recruit them and so they were looking for recruitment funds. So, our answer to that has been we have been coordinating with the Department of Commerce, with BVEP, and, actually, some of the private companies had come on board and put money into those and there is going to be a talent recruitment video that's going to be released. So, that's in the making right now. And, then, another thing that we are always faced with is, basically, the flight availabilities and schedules and, once again, Department of Commerce, we all meet pretty much quarterly to talk about, you know, whether bonding might be an issue, but how can we loosen up those schedules and create more flights. So, those are the things that we are seeing as the threats. Anyway, this is pretty much some of the things that I have been seeing. There is some great opportunities. The projects that I have brought forth to you today are the ones that really we have had a great backing from the state, from the Department of Commerce, the Department of Labor, they actually are creating programs to help facilitate these projects that I'm working on. So, there is a lot going on and a lot of opportunity and so, anyway, I'm going to open it up to each of you and see if you have any questions about some of the things that I have been seeing. De Weerd: Council, any questions? Meridian City Council Workshop September 10, 2013 Page 21 of 46 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Thank you. Very good report. Good stuff. With respect to the incentives and some of the ideas that you floated, I hope you know that I am open for discussion of any of those and whatever comes out of those discussions. I understand we are at a disadvantage. Hopefully building a place will help and that's what we are trying to do as well. But if we know where to leverage what we have I think we are willing to do that or how to leverage it. I think I for one am willing to leverage our legislative body in any way we can to get the help there, which is probably where our most significant disadvantages are in the state or in the city is state taxes and those sorts of things that are not very well received by potential businesses moving into the state. So, I'm open to this. I like some of the -- the areas you exposed where we have some weaknesses. I think we can do some things with process, which in a lot of ways is a fair amount of money, but it's going to have to be crafted in a way where we can do that in addition to other leveraging that we can do to help. If I had the answers we wouldn't be in this situation, obviously, nor you, but we need to work together as a team and get it done and I think we need to work on it with a great amount of vigor. De Weerd: Thank you, Councilman Rountree. I would say that we have put together a small committee to look at that, to look at cost advantages and disadvantages, because certainly when you give an incentive that takes away from something else and so it is a balance and when we come back with tools for Council to contemplate we will have the pros and cons and, you know, what it all means and certainly Stacy has been doing some background research on some of the tools that have been employed in other business attraction in other communities and seeing what is that cost and we have been talking to our legislators as well about, you know, whether it's the district or -- or various tools and they are encouraging and on board in some of our most conservative and I will end with we are also challenging our Council or our chamber to engage in some of our larger business leaders on our community to also step into this discussion and be a participant and as we move forward be a leader in the discussion. So, that is what Brenda and Bruce have been starting to pull together. So, as we bring recommendations back to you there is involvement, engagement, ownership, and thought behind each one of those. Rountree: Thank you, Mayor. Just an actual question now. Can you give us a short update on what's going on in Core? Sherwood: Absolutely. Councilman Rountree, thank you for that question. We have actually been working very diligently with the State Department of Commerce. BVEP just recently has said they are going to add healthcare to one of the initiatives as well. The Angel Fund is off and running. They have created a couple of small tech companies throughout the valley. So, they have been active. They are going to go back into their recruitment or, rather, their fundraising this next year. They are rewriting Meridian City Council Workshop September 10, 2013 Page 22 of 46 their strategic plan as well, but I know that they have been working diligently also with Idaho State University for the cadaver lab that will be coming relatively soon, so -- and they are also helping them with some fundraising as well. De Weerd: And certainly the ANP lab, which is a university -- so, apublic-private partnership, that Core has taken a big leadership in the matching funds that the legislature funded 50 percent of the cost of that building and they have been fundraising for the second piece. This is a big deal and when that does get built or start construction, it's going to be a big benefit to the Core and -- forgive the pun -- their core emissions, so -- Rountree: Any timeline on that? Sherwood: No. They are still in that fundraising process to match those grant dollars, so -- I think that they were hoping by the end of next year, but at this point they do not have a timeline. Rountree: What's their goal for that match? Sherwood: It's 250 -- oh. I have to double check on that, Councilman Rountree. I will have to shoot that over to you. I think at this point now -- I will double check that number and send that over to you. Rountree: Very good. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: In today's paper -- the newspaper from the town to the east of us here -- had a good story about Micro 100 Tool Corporation. It's a Meridian business. And they talked about how the city and there are others -- the industrial revenue bond helped them purchase land and I think did some building, because they had this huge investment in the tool making equipment and they were having trouble with banks. Is that something that's still available to us today? Sherwood: Yes, it is. Through the Department of Commerce there are revenue bonds. De Weerd: And we have kept our -- the board necessary for industrial revenues bonds up and ready. Hoaglun: Okay. And, then, to follow up on that question, then, you talked about there are tools that other cities have -- I'm assuming within Idaho that we aren't utilizing. Is that something you're going to be coming to us and say let's expand, let's put these tools into the tool kit so we can -- so we can be more competitive? Meridian City Council Workshop September 10, 2013 Page 23 of 46 Chatterton: Madam Mayor and Council Member Hoaglun, yes, absolutely. Yes, we -- the way we want to approach it, though, is even though we see that other cities are using things like urban renewal more effectively in industrial areas than we are, what we don't want to do is immediately a knee jerk rush to that as the tool and rush out and grab that. What we want to do is consult with those who have great knowledge of industry in Meridian, important stakeholders. We want to consult with some folks that perhaps might be naysayers as well and -- and craft an overall strategy and bring you a menu of tools that can be developed and some of them wouldn't happen overnight. For instance, a change in how we do urban renewal. Overnight we would not be changing the land use plan. Although we can do that, you know, over time, but -- if there is a will to do that and the agreement among property owners, but we want to come forward with a full strategy for you so that you can agree or disagree that these are problems that are worth solving and these are the appropriate tools to solve them. Hoaglun: And follow up on that, then, Bruce. Thank you. What are you looking for time frame? By the end of next year? By the middle of next year? Chatterton: You know, I don't know that we have actually talked about a time frame yet. We are talking to folks. What we are going to do is -- one of the things that the Public Works Department has done really well is to -- they have a template for defining projects. We don't have a project yet, but we are going to start populating that template and as we talk to stakeholders I think we will get a better idea of what the order of magnitude of these changes are and getting -- whether they are ordinance changes or other things, what they will be. We will be talking to a lot of folks. We are going to be taking alook -- careful look, as a lot of other cities are at -- at Twin's example, both from what we would like to do along these lines and perhaps what we would not want to do, what's not right for Meridian. So, we hope to have a schedule to get the strategy back to you within the next 30 days or so. Hoaglun: Thank you De Weerd: Any further questions? Bird: Just a nice report. A lot of hard work. Thank you. De Weerd: Okay. Sherwood: Madam Mayor, Council, thank you so much. C. Community Development: Review of Ada County Highway District's 2014-2018 Integrated Five Year Work Plan (IFYWP) De Weerd: Okay. Item 7-C is also under our Community Development Department and we will be discussing Ada Highway District's 2014 to 2018 integrative five year work plan. Meridian City Council Workshop September 10, 2013 Page 24 of 46 Hood: Thank you, Madam Mayor, Members of the Council. I will be presenting to you ACHD's draft IFYWP. I like FYWP better, but we will put the integrated. So, the integrated -- I have mentioned to you a few times before over the past year and a half or so that ACRD is integrating their budgeting with their capital projects, with their operations, with their community programs -- they are basically putting it all together in one place, so left hand can know what right hand is doing and have a full comprehensive, integrated, detailed comprehensive five year work plan. So, this is the first year that they are actually integrating all that together. Before you you have different time lines and schedules for the five year work plan and budget and community programs are out over here and so I really think this is a win for just the transportation network. The highway district as an agency I think it's going to be a great thing for all of the people that -- that traverse the roadways here in Ada County. So, what I would like to do today is just run through that draft and seek any comments you may have. They have asked for a pretty quick turnaround time on this. I did talk with our -- the Meridian Transportation Commission yesterday. They didn't recommend any changes to the draft, but I want to just run it by you and see if a written correspondence is in order or not based on what's in the draft plan. So, I will just start by explaining to you a couple of things that you won't see in this -- this plan and that is the first -- the first plan in about ten years that the split corridor doesn't show up and that's because it's going to be done here in a couple of weeks. De Weerd: Hallelujah. Hood: So, it is not in the five year plan and that is a good thing. The other major project that's coming out of this is Franklin, Ten Mile to Linder, and that's wrapping up this month as well. So, that's also not on the plan. Changes from the plan that's currently on the books. There is really only one major change in -- that affects Meridian and that's the Franklin-Black Cat intersection. That right now is in the -- is scheduled for construction in 2015. The proposal is to move it out a year to be 2016 with the roadway widening of Franklin Road between Black Cat and Ten Mile. So, that makes a lot of sense to just do it all as one project -- federal aid project and do it all in the same year in 2016. So, a one year delay of that intersection project would, again, make a lot of sense to me. Some of the other -- our other projects that -- that are advancing or moving up pretty substantially in the plan --just a couple to call to your attention. One is McMillan, Locust Grove to Eagle. This project currently is on the books or in the five year work plan as an unfunded project and in 2015 it's shown to be constructed -- that mile of McMillan to a five lane facility with the McMillan and Eagle intersection rebuild. So, that's a pretty big project. Not all of that is in Meridian, but about two-thirds or three- quarters of it is Meridian city limits there and, obviously, it's a pretty major thoroughfare into and from the City of Meridian. Another corridor to highlight. There is actually three projects. One is the intersection of Meridian and Ustick and, then, the two mile segments and go east and west of Ustick and Meridian. So, towards Linder to the west and towards Locust Grove to the east, those have all events from preliminary development in our PD to having a funded construction year of 2017 and 2018. I would also point out that those have the -- the asterisk by them that say if funds become available they can advance any and all of those projects. So, the Ustick corridor is Meridian City Council Workshop September 10, 2013 Page 25 of 46 going to be very hot in that this next year the Ustick-Locust Grove intersection will be rebuilt. At least the northern -- northern half of two-thirds or -- yeah, that northern half of that project, two of the four legs, and, then, the roadway widening back to Leslie Drive on Ustick will also be out to bid here and under construction probably just after the first of the year, so -- and, then, a year or so off and, then, over the next two, three years the rest of the Ustick corridor or the rest will be under construction so -- and here is another just -- kind of just to summarize some of what's in the five year work plan -- I hope you had a chance to look at the 115 pages of the integrated five year work plan, but there is some summaries that we did in a memo that you have for today's meeting. I think this is -- this is a pretty good snap shot into our request and it makes me feel pretty good to recall -- we were trying to have the Meridian Transportation Commission on board by April, so we could go through the whole -- our priority process and forward that onto ACHD to consider in their programming projects. We did make some tweaks with your help. You forwarded on a recommendation to ACHD, but the top -- our top three roadway, our top three intersection, and our top three intersection and our top three community programs projects are -- all have a construction year in the five year work plan. So, that to me -- we have got a pretty good pull from what our needs are here in Meridian and there is a long laundry list of them, but our top three in all categories are going to be reconstructed in the next five years and so now the city can say that. Again, I think with the help of the previous transportation task force and with the help of Council the prioritization process that ACHD has with their -- their cost benefit analysis and safety analysis and congestion, mitigation, again, to get the prioritization and the programming correct, I think we are doing a pretty good job of identifying essential projects, asking ACHD to look at them and they are programming them, because they are -- they are pretty good projects. So, that's a pretty quick just overview of the projects in Meridian. The last thing I wanted to just highlight for you -- and I mentioned this to you as well a couple of times -- is the new economic development program that ACHD has. This is the first year -- it's actually two years. They got that budgeted, but the commission had set aside dollars to do economic development related projects. I came to you a few months ago and said we have identified one and that was the East 3rd Street extension here downtown that would connect Fairview to Carlton, acquire that right of way and build that connection because of the issue that Meridian and Main present there at Cherry-Fairview and how close those signals are to each other and getting 3rd Street as a major thoroughfare between Franklin and Fairview with the railroad crossing that it currently has. So, long story short, that was one of the --the top projects that -- that ACHD -- their workshop with their commission on here a few weeks ago. During that work session, though, the ACHD commission did not like the idea of using the economic development dollars in urban renewal area, so they have asked for staff to come up with a policy that basically states something to that effect that you're ineligible and I know Ryan's hear today, I don't know if he's prepared to talk anymore about how that policy is evolving or not, but I think that's a pretty big deal and, quite honestly, those urban renewal areas are set up for economic development and redevelopment opportunities and to exclude them from this -- this potential funding source and reinvestment opportunities. I don't know all the thinking that went into that -- that comment, but just on the surface of it taking is a little counterintuitive to what we as cities try to do or urban renewal areas try to do, we are trying to reinvest to get, you Meridian City Council Workshop September 10, 2013 Page 26 of 46 know, properties that are otherwise underutilized to get economic development to happen and they typically are in city core or rundown areas that need some help and I didn't have the numbers, but a majority of the 14 applications that ACHD received were, in fact, in urban renewal areas, again, because that's where the need tends to be. So, my recommendation would be is if we do write a letter on the five year work plan at all -- and we could stay silent on this and that's probably okay, but I think a lot of our -- we don't have a funding source. ACHD builds arterials and that's it. You know, we really don't have any way -- and we don't even have the authority to rebuild the road if we wanted to. So, to me this was a good opportunity for some of those other lesser classified roadways where we really do need some help. So, I just wanted to update you on that and if you wanted to take it further we can explore that dialogue some more. De Weerd: Caleb? Hood: Yes. De Weerd: If you would take a breath. I was waiting. But I do think we should write a letter and one of those is -- is in reference to urban renewal districts. Unfortunately, I think they always reference one particular urban renewal district and the amount of money that they are able to collect. It's very unreasonable to think that our urban renewal district, that was kept small for a reason, it really was focused on blight, for the true definition of why urban renewal districts exist and certainly while an extension of that is being contemplated and I'm saying is in early discussion, that would be taken to City Council and to the voters for economic development. Two different things. Our urban renewal district is small and they might be surprised at the dollar amount that is collected and so I think that that is going to be an important element to processing the letter. Hood: Thank you. I will draft a letter, then, and seek the Mayor's signature here in the next week or so. The other thing just along -- along that economic development our application in particular, I just wanted to check in again -- and it has been fairly recently, but I just want to make sure that that is a priority project for the city still, the East 3rd Street extension. There are a couple of obstacles in the way there, a couple of structures and of property near Carlton that is either on the market or has been optioned to redevelop and so we haven't seen anything officially submitted to planning yet, but it was a longer term vision that preservation of some of that right of way and/or if ACHD can get it in the five year work plan and build that extension. I just wanted to check in and make sure that nothing has changed on that front over the past few months that this is a project we want to see happen and go forward. So, I just -- I'll pause and take a breath and just make sure -- I saw a couple of heads nod, but I don't know if there were any comments to that effector not. De Weerd: When you say heads, make sure you say in agreement. Hood: In agreement. Yes. Meridian City Council Workshop September 10, 2013 Page 27 of 46 De Weerd: Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just in case the rattle when I shake my head isn't audible, I -- 3rd Street connection I think is very important to the whole eventual picture of how downtown is going to function and the future that we have for it and certainly the existence of the railroad crossing there makes it an important element in the circulation in that area and it's a high priority for me. Hood: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, all one has to do is try to get north out of that part of our city and they can appreciate the need for 3rd Street. It's next to impossible. So, I support that -- at least getting access to Fairview. Hoaglun: Madam Mayor -- and I agree with that, that we just need to keep that a priority and keep pushing on that. Also agree with the Mayor and her comments about the letter. It does seem counterintuitive, as you said, Caleb, to not include urban renewal districts in economic development funding for roads. It just -- maybe there is a good reason for it, but I can't think of one off the top of my head, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with what's been said, but I also think we need to make sure that the people involved with some of that property realize that there is going to be a right of way requested through there, because that -- that can hurt some developers if they have to -- if they find out half their property is split for a roadway. De Weerd: I would preface that staff has been talking about and -- okay. Bird: But let's just make sure that it is out there. Hood: And, Madam Mayor and Councilman Bird, that is what -- the discussions we have been having I just want to make sure we are on the same page with you as we continue those discussions that something hasn't changed and we shouldn't be telling people that. Meridian City Council Workshop September 10, 2013 Page 28 of 46 Bird: So, it would be a priority, as Councilman Rountree said, to get us through town. Hood: So, with that, Madam Mayor, I do have maps we can -- we can -- I know time -- you have got a 5:00 o'clock special meeting, so we -- I'm not proposing we do this, but do have maps that ACRD has provided that shows all the projects over the five years of the plan. If you want to go through each individual project we can do that. Again, hopefully, you have had a chance to look at those projects that are in Meridian over, you know, '14, '15, '16, '17, '18. Again, I have all those maps. If there is any specific questions on them, if it's -- if it's your pleasure I can run through all of the roadway intersection projects real quick, probably take about five minutes, or we can be done. So, again, the transportation commission reviewed the draft plan yesterday and recommends to you your endorsement of it. I will draft a letter for the Mayor's signature specifically regarding the economic development program over there in urban renewal agencies, so -- with that, Madam Mayor, I'm done, unless you'd like more information. De Weerd: Thank you. Council, any need for Caleb to go further or do you have any questions? Hoaglun: Madam Mayor, just one comment. It's on there. It's the intersection of Ten Mile and Chinden and that is to be a developer cooperative deal, but when Highway 16 opens that's going to be the closest access to the freeway and it's not the people that are going to the freeway, it's the people coming back that are going to be utilizing that and there is no light, got a major highway and if that -- and, then, we have accidents there already. I'm just concerned about that, that if that gets delayed -- the sooner the better on that one. Hood: So, Madam Mayor, Councilman Hoaglun, just a little bit more on that. It was either last Wednesday or the Wednesday before that developer cooperative agreement was approved between -- that's Walmart driven. Walmart and ACHD. If Walmart stalls and doesn't build their store, then, that intersection wouldn't be, but all points right now to them moving forward and that should be done this next year. So, it should be about the same time that 16 punches through to Chinden. So, unless Walmart changes their plans, that intersection should be up and running about the same time. Hoaglun: And Caleb -- Madam Mayor. That is my one concern if that timing doesn't work, we could have some issues there. But, anyway, thank you for your report. It was very good. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, a first. We have got our preferred in every category and that's great and thank you ACHD. Appreciate that. As I went through the list of all the projects it didn't appear -- make me realize what was bothering me until I saw and overlaid all the maps and, again, we are going to be significantly impacted by 16 opening up and there Meridian City Council Workshop September 10, 2013 Page 29 of 46 is a lot of things that need to be done in advance or in conjunction with that that are not in a program anywhere. We know of multiple intersections that are going to level of service F once that thing starts functioning. Now, there are some improvements that are in the program that will help, but there is some issues that I see and I anticipate on Black Cat, on Cherry Lane to the west, on McDermott, on some of those rural rail crossings where you will have improvements on either end and you're going to have sleepy drivers driving through those areas in numbers that have never drive through those areas before and none of the anticipation of that is reflected in the -- in the plan. Even through year 2018 and I believe that project will be opened at the end of this year. If not, by spring of next. So, I -- and I know that they haven't necessarily modeled that impact in what's going to happen in western Ada County, but it just seems to me it's a little short in that area in anticipating what might be happening to us specifically, because all of that traffic is going to come through Meridian. It's either going to go to Ten Mile or it's going to go to their new Meridian interchange and with Meridian interchange under construction next year and 16 opening up, we all know where it's going to funnel and that's to Ten Mile. And they're all not going to come down Ten Mile, because it doesn't have enough room for everybody. So, that's my one concern about the plan, but I think it's great and I really applaud ACRD for the plan they put together and the resources they got to put it together with. It's -- it's -- I think the priorities look good and, again, I really appreciate that they have recognized our priorities and they have included them in the plan. De Weerd: Council Rountree, I wholeheartedly agree with you, as you well know. The City of Meridian and I -- the City of Meridian was certainly taken to task, because we vocalized our concern about the bridge connecting 44 and 20-26 prematurely until there was a route to connect that traffic either to the interstate or improving 20-26, because you are just piling a bunch of traffic onto an already congested highway with rural roads connecting to it. I don't think Ada County Highway District for that matter were supportive of this either, because they are dumping traffic on -- their local roads without trying to determine what is going to happen at that point. Although I am afraid you would have a legislator that's said by us getting funding for Meridian interchange we took that opportunity away from extending that bridge all the way down to the interstate. So, there is -- there is no solution. I think it's put Ada County Highway District in a real predicament in trying to now accommodate the state transportation department's mess. Rountree: I agree. Hood: So, Madam Mayor and Councilman Rountree, I guess to -- how would you like -- is that something appropriate for the same letter? De Weerd: Sure. Rountree: I think we just have concerns for what that impact is going to be and we have not seen any anticipation in terms projections and planning. I know early on I got some figures from ACHD about the intersections that were going to go to a level of service F and, again, I agree with the Mayor, that's -- that's really not ACHD's issue. They are Meridian City Council Workshop September 10, 2013 Page 30 of 46 getting put on just as we are getting put on by probably not the best decision in the world to put that bridge in without some place for it to go. But it is a -- it's a community concern and I hope ACHD looks at that as that opens up and if things really did get bad in some spots and we have some high accident situations that maybe the program can shift. Hood: And, Madam Mayor, Councilman Rountree, I hope it doesn't take accidents, but if I do have one beef with -- with the current way that this happens, it is reactive. They do take -- mostly it's where the problems are today, because there is not a lot of funds to anticipate -- Rountree: I agree. Hood: -- where the problems are going to be. So, we are going to have to get through some congestion along Black Cat and McDermott and some of those other corridors that will be used more before they will start to score higher in this program and I know you know that, too. I do think we have some -- we had a similar concern when the Ten Mile interchange was being built, because there weren't a lot of projects along Ten Mile and in the vicinity, it's like the state's putting in this interchange, but we don't have the local roads to -- so, I think we can -- we can bring that up and just put them on notice. But they -- I mean they know the situation, too, and I will draft a letter to that effect, so -- De Weerd: Caleb, I guess one thing -- maybe the seed that we need to plant is when the voters passed the registration fee extension, it was to be dedicated towards bridges, safe routes to school, and intersection improvement and at this point I think the only -- only thing that we can maybe advocate for is the intersection improvements. Right now I -- I don't know if we have four way stopped intersections in -- along McDermott from Chinden to Franklin, but we may want to look at some intersection improvements at least even if there is temporary lights or what have you. But it is -- it is going to be a concern and it's going to stretch our resources out beyond our city limits for sure and I think I guess I would challenge our police department to have a conversation with the sheriff's department, they are going to have to start paying more attention to that corridor. All good discussion. Thank you. Hood: Thank you. De Weerd: Anything further on this topic? Okay. Thank you, Caleb. Appreciate it D. Parks & Recreation and Legal Departments: Proposed Update to Parks Code De Weerd: Item 7-D is our Parks Department. I will turn this over to Steve. Siddoway: While the presentation is coming up, Madam Mayor, Members of the Council, thank you for having us today. It's our intent to -- today to simply introduce to you the update of the parks development being worked on. We would like to Meridian City Council Workshop September 10, 2013 Page 31 of 46 acknowledge a few people in the room that you will hear from. Emily Kane has been instrumental in working with us over -- not just a number of months, but a number of years -- I think soon after I began in this role Colin and I started tracking new issues and items that came up that were not addressed in the current code and wondering how -- you know, how we should deal with them and worked with Emily to help draft an update of that. We have recently this year been working with Officer Shawn Harper and specifically been looking at the enforcement side of things, make sure we have the police department's acknowledgement and blessing on that. We have been working with the Parks and Recreation Commission since about May of year on it. Councilman Zaremba has been in a couple of those meetings and they asked us last month to forward it on to the City Council at the next available workshop. So, that is why we are before you today. With that I just want to introduce a little bit of the why and some of the issues that we were trying to address and, then, I will turn some time over Emily to touch on each of these in a little more detail. First of all, you know, there is a growing interest or -- of commercial uses in the parks and we thought it was important to think about those and how we might address that. Recreational programs in the parks that would compete with programs that we offer through not just ourselves, but with contracted partners that we contracted with, how do we address that. Short-term concessions permits are a new item that has come up with the -- the temporary use permit process and things like that and want to make sure that that is reflected in our -- our code as well. Provisions for alcohol in parks have developed and morphed over the years. We wanted to make sure that the code reflected current practices there as well and, then, a whole host of general park regulations. So, those are some of the issues that we looked at. I'd like to turn this time over now to Emily and would invite Shawn up briefly near the end and, then, I will wrap things up and we will be done in about probably ten minutes. De Weerd: Thank you, Steve. Kane: Thank you, Madam Mayor, Members of the Council. I'm Emily Kane in the legal department. I want to start with the commercial uses of parks. We are kind of hitting the top five highlights of the draft parks code that you have before you. Starting with -- as Steve said, commercial uses of parks on page three -- at the bottom of page three and continuing on to page four of the draft that you have in your packet this section restricts selling goods and services in parks. As Steve mentioned it competes with our contract concessionaries and this section kind of embodies the philosophy that the primary use of the public park is not for private gain, it's not for commercial use. That would be inconsistent with the park goals and purpose of being for everybody. So, under this section, for example, it would not be okay to reserve a shelter at Settlers Park and sell snow cones to the public. It's not a store, it's a shelter. It's for celebrations and other kind of recreational park uses, not for commercial uses. This scenario is unlikely at this point, but it's not unheard of. These are issues that pop up or that are foreseeable given kind of the trends that we have seen and questions that have come up. So, that's part of the code that would address an issue that -- that is before us or maybe occasionally, but could come up more in the future. A similar section starts on page four -- or, rather, is on page four and it restricts non-city recreational programming Meridian City Council Workshop September 10, 2013 Page 32 of 46 in parks. For example, a private tennis pro can't reserve a tennis court and give tennis lessons, because tennis lessons are available through city recreational programming. This is a problem that crops up every now and then. This creates competition with city recreational programming and also we have little oversight over that private programmer. So, the idea is that that programmer can approach the city and offer recreational programming through the city in the city park, but, otherwise, we want to kind of -- we want to control our recreational programming and not allow competition with our providers. The third highlight, as Steve mentioned, is a short-term concession permit on page five of our draft. The short-term concession permit is something that we are doing right now and it is working. This draft would codify that process. It allows -- the key component is that the city invites vendors to sell a particular product at a particular place and time under this permit. So, a hotdog cart at the soccer fields on game day is a good example of someone that we invite to come and provide an amenity to park users. It's similar to a temporary use permit for temporary sales units. Those are not currently allowed in parks. The difference between the short-term concession permit and the TUP is that the city invites the vendor to come into the park. So, we are pretty restrictive and pretty selective about who we want to be in our parks selling food and -- food and drinks. It's also similar to our contract concessionaires, but the difference is the relative permanence of those two types of vendors. Another highlight of the parks code is that it attempts to address alcohol in parks. This is a big issue. It's highly regulated everywhere in the state and parks are no different and alcohol is related because of public safety. There are permitting requirements, as you know, and age restrictions as you also know. This is an area that took quite a while to figure out the categories of alcohol consumption. The -- the four situations and contacts that we have identified for alcohol use in parks is, first, alcohol that is sold at a public event, so a special event or outdoor market. Alcohol that is brought to a public event for personal consumption, similar to Concerts on Broadway. So, you can bring a picnic basket with a bottle of wine. Third, alcohol sold or served at a private event. So, a wedding or a big company party maybe. Picnic. And, finally, alcohol that is brought by attendees at a private event. So, bring your own beverage kind of event, like a family reunion or, again, a big company picnic. So, the -- the code attempts to define those situations and clearly outline which permitting is required for those -- each of those situations. We do have on the books now and in place at parks an alcohol permit and this, again, codifies that process. That process is working pretty well. Finally, we added some additional -- or rather several additional park use regulations. Currently, the -- our code addresses animal related issues, damage to park property, and trespass in parks. Those are the only specific kind of rules that are outlined in our parks code and clearly there is a whole host of behaviors that we typically do regulate and that we see. So, Sergeant Shawn Harper is here to maybe touch on some of that information. Harper: Madam Mayor, Members of the Council, thanks for having me today. My first time being up in front the Council, so a first time for everything. De Weerd: Sergeant, it's nice to have you. Harper: Thank you. Briefly, once again, it was nice to get to work with the other Meridian City Council Workshop September 10, 2013 Page 33 of 46 divisions and have good positive conversation, constructive conversation, and kind of rebuilding, updating, improving these regulations. They were extremely outdated in a lot of areas, a lot of language had to be changed and updated to be current. We met with the parks commission and kind of worked over some -- some verbiage and some questions they had, but overall I think the biggest -- the most important thing about this revision was making sure that our codes were -- were fair and consistent and I think where we have gotten today will show that if once you get a chance to review those and read those if you haven't already and I think it -- again, it gets us -- it gets us to today's times with Kleiner Park and the growth of our parks and pathways. I think it's fair and up to date. De Weerd: Sergeant Harper, I guess, you know, in addition to fair and consistent, it -- you need to include enforceable. So, do you feel that as these are I guess clearer defined and as Council implements this, does it give you the tools to enforce? Harper: Yes. And prior to this revision, as long as it goes through, most everything was a misdemeanor offense and upon lots of discussion a lot of these things we considered they should probably be infractions, which if we need to enforce them outside of the educational piece and warnings, which we do quite a bit, it allows us to do it promptly, so that enforcement piece is there and dealt with immediately. When you have misdemeanor offenses it's the citation, the report, then court, and it kind of -- it goes on. So, we can deal with matters immediately if we need to actually include that enforcement piece. The only other thing with that is a lot of our city codes coincide with state law, so if there is not something that we feel we need to enforce on a city side through our city ordinances, we can enforce on the state side. So, I think we have -- we have got it covered. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On this general use regulation, is that where the no smoking would be? Harper: No. It's separate from -- Rountree: It's in a separate ordinance, but maybe it ought to all be in one spot. Kane: So, the general park regulations in Section 13-26 address kind of the behavioral issues. Are you referring to the -- Harper: Smoking ordinance. Kane: -- smoking ordinance or to the -- Meridian City Council Workshop September 10, 2013 Page 34 of 46 Rountree: Well, the no smoking is part of it Kane: So, the no -- the smoking in parks is regulated by a director's order and that establishes the places in the parks where smoking is and isn't allowed and it's posted. The disturbing the -- disorderly conduct provision addresses smoking everywhere in the city. So, we could address smoking -- take it from the policy and put it in the code. However, it's definitely covered and if someone is smoking in an area in a park where they are not allowed to do that, they would be cited under the disorderly conduct provision of city code, as they would in a private establishment or private property where it's posted no smoking. Rountree: Just got to know where to find it is all. And just for something to think about, I don't know how it's defined in that policy, but e-Cigarettes -- I don't know if they are defined as smoking or not, but if not that needs to be discussed, because I see them more and more and I see them in the parks. Kane: Yes. Sergeant Harper noticed that as well that that is a change that needs to be made to the disorderly conduct provision regarding smoking. So, that's in the chute. Harper: And that coincides with the way the state law was updated regarding e- Cigarettes, so I think it's important for us to be consistent at the city level as well, so -- De Weerd: Okay. Anything further from Council? Okay. Thank you, Emily. Thank you, Sergeant Harper. Siddoway: So, we have got the last slide. Just to wrap it up from this next steps, our intent today was simply to introduce this to you. I know it's coming to you formally for the first time. It would be our proposal to bring this back in a couple of weeks on September 24th, two weeks from today, for a first reading and discussion, give you a chance to read it, ask other specific questions. If in your review you have specific questions that you would like to have addressed I would actually encourage you to send those to me. I asked Emily if that was okay, you know, this is an open item and she said as long as I address them at the public hearing that you can. So, if there is something specific you want me to come prepared to address I guess just let me know. Otherwise, we thank you for your time and I will stand for any questions. De Weerd: Thank you, Steve. Any questions from Council? Rountree: I have none. Siddoway: Okay. Thank you. De Weerd: Thank you. And this will move forward. E. Legal Department: Interagency Agreement for Sale and Transfer of Real Property with Ada County Highway District Meridian City Council Workshop September 10, 2013 Page 35 of 46 De Weerd: Hi, Ted. Baird: Madam Mayor, Members of the Council, I'm here to address Item E in your packet. It's the purchase and sale agreement for the properties directly behind City Hall, commonly known as the Andrews Upholstery property that is currently owned by ACHD. ACHD uses a different state statute when they disclose a property to other governmental entities and their process requires that your action approving the agreement be noticed in the newspaper twice and that's been taken care of and it's here on your agenda today for your consideration. It's not a public hearing. You're certainly welcome to take comments if there is any from the -- anybody from the public, but I'm just here to seek your motion to approve the agreement and have the Mayor sign. We would intend to close within 30 days and stand for your questions. De Weerd: Any questions for Ted? Bird: I have none. Rountree: I have none. De Weerd: Is there anyone who would like to comment on this item? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: If this isn't an official public hearing, I guess I don't have to close a public hearing. De Weerd: No, you don't. Hoaglun: But I would make a motion that the city proceed with the purchase of Ada County Highway District property, commonly known as the Andrews Upholstery property. It's located just west of Meridian City Hall. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion on this item? Baird: Madam Mayor, if I could ask the maker of the motion to amend that to include approval of the agreement that's in your packet, with the Mayor to sign. I will also mention while I have the floor that ACHD did approve this last week, so the -- your approval tonight makes it a signed and sealed deal. Meridian City Council Workshop September 10, 2013 Page 36 of 46 Hoaglun: Okay. And, Madam Mayor, I would amend my motion to include approval of the agreement. And the Mayor to sign. Bird: Second agrees. De Weerd: Okay. Thank you. If there is no discussion by Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Ted. Appreciate it. Baird: Thank you. F. Legal Department: 2013 Addendum to Lease Agreement Between Lakeview Investors, LLC and the City of Meridian De Weerd: Are you also the next item? Baird: Yes, I am. De Weerd: Thank you for being here. Baird: I appreciate them being on the agenda adjacent to each other. What you have in your packet is an addendum that's been a long time coming to the golf course lease agreement with our concessionaire Lake View Partners. I was last here in November where I gave an outline of what we were attempting to do in the addendum. There were a few items that needed to be negotiated between the finance department regarding records and we got that ironed out, so that's why it came back to you for a final approval. I do apologize for putting it on the Consent Agenda last week without any explanation. So, what I did for tonight's presentation is I included in your packet the minutes from the November discussion. My bullet point presentation on what's included in the addendum and to be -- also, since there is some concern about the turf conditions of the -- how to treat the turf, I included what we were replacing -- what's going to be replaced with the new proposal. So, I would be happy to walk through the agreement section by section or I could stand for questions. De Weerd: Council, do you have any questions? Zaremba: Madam Mayor, I actually had some specific questions and I'm not sure we need to go through the whole thing, but I was a little bit startled that I thought it went farther than we intended to go in giving away some responsibilities that they had. In the earlier discussions we did talk about how they would treat the turf and in the new lease Meridian City Council Workshop September 10, 2013 Page 37 of 46 agreement that is very -- very well spelled out. We have a great deal of explanation of what they are required to do as far as the grass. However, that same item says that it replaces another paragraph that has a lot to do with how they care for trees and irrigation systems and I was not believing that we were substituting better care of the grass for the other things that they need to care for and my first thought was if we are going to be so specific on grass we need to still include the requirement that they care for trees and irrigation and pond and the other stuff. This doesn't really replace that, although what is being presented at the moment says that it does supersede and replace the paragraph that does have those things in it and the reference to an older exhibit that is also being replaced. So, my feeling was I think we are giving up more than we intended to give up in the way of what they are required to care for. Baird: Madam Mayor, Members of the Council, and Council Member Zaremba, I want to make sure that I understand your concern, because intent was with regard to the existing grounds maintenance paragraph, which is Paragraph I, that that remain in place and all that we are doing is swapping out the old Exhibit F, which is entirely turf related with the new -- the turf management standards that were recommended by Raven Golf Services when they were under contract, but the course continues to use those particular items. Looking at Section C of the addendum and it does reference Exhibit F to supersede and replace the exhibit only. I had not intended to remove that paragraph. Perhaps -- perhaps you're talking about the paragraph that we are deleting from the capital improvement section that we talked about separately. Zaremba: No. That was what I was talking about, what you're just referring to, and I think I was interpreting the sentence that you were just reading to be a little more expanded than maybe your interpretation of it. Perhaps in the part of the sentence that says shall be superseded and replaced, if we all understand that that only applies to Exhibit F and it doesn't apply to paragraph 4-1-1 -- the 4-I-1 I mean, then I can be comfortable with that. But when I first read it -- maybe I didn't read all the words to myself, but when I first read it I felt it was taking that whole paragraph out, but if we all understand it's not, I can go with that. Baird: Madam Mayor? Madam Mayor, Members of the Council, Council Member Zaremba, if you interpreted it that way, that's an indication to me that it's less than clear and I would propose that we change the language to make it crystal clear that it's only the exhibit that we are replacing. I can easily get Mr. Oaas' signature and have this back on your Consent Agenda next week. So, I would suggest that we proceed in that -- in that manner. That would be, then, all of the other maintenance provisions that are in the body of the agreement. So, all we are doing is stepping out the exhibit. De Weerd: That's an excellent suggestion. Zaremba: I would appreciate that and be very comfortable with that. Just a thought. De Weerd: Anything further? Meridian City Council Workshop September 10, 2013 Page 38 of 46 Zaremba: The other question that I had I think has been clarified for me. I wasn't sure that we were making forgiveness of the 7,000 dollars ayear -- or 6,000 dollars a year that was supposed to -- I wasn't aware that we were making that an ongoing thing, but as I read back through the notes of what has been presented to us, it's kind of a semi- ongoing thing, that it still has to be approved every year by us, by their showing that they have spent monies on capital improvement and so the question that I had there was actually not a legitimate question. It's been answered, so -- Baird: Madam Mayor, Members of the Council, Council Member Zaremba, if I could just briefly recap what the intention is and make sure that that's the way that you're reading it now is when the golf course task force met we tried to -- we looked at the existing capital improvements plan that was an exhibit to the agreement, identified that that was pie in the sky, you would never get there with the way things are, but the course -- we made an attempt to come up with our own specified year capital improvements plan and it was the committee's recommendation that Eric is in -- Mr. Oaas, the operator, is in the best position to determine on a year-to-year basis where that improvement is needed, so give him the flexibility each year to make those choices, whether it be cart path improvements, the committee even went so far as to agree that the carts themselves may be considered a capital improvement. So, for this fiscal year through September 30th of 2019 it's on what I call an autopilot where if he has those receipts, because that's sent to the finance director, she verifies that he gets the rent release. If she has any questions, problems, concerns she puts it on the agenda to discuss it with you. It doesn't eliminate the annual report that you will be expecting every year from the golf course, it just takes that financial piece out of it. As soon as this is approved, hopefully next week, I will let Mr. Oaas know we are expecting those receipts for the last year, so that that request can go through if the rent is due on October 1. Zaremba: Thank you. De Weerd: Any other questions for Ted? Rountree: No. De Weerd: Okay. Baird: Thank you. De Weerd: Well, then we will put this back on the agenda next week and take action on it then. Thank you, Ted G. Police Department: Transfer of Animal Control Duties and Equipment to Idaho Humane Society De Weerd: Item 7-G is under our Police Department. I will turn this over to Lieutenant Overton. Meridian City Council Workshop September 10, 2013 Page 39 of 46 Overton: Madam Mayor, Members of Council, this is our ongoing process as we go through the last steps in taking care of all the loose ends, the fine details on the transfer of animal control duties around the City of Meridian to Idaho Humane Society. This is broken up in front of you in your packets into four specific pieces. I'd like to go through all those pieces one by one if you have questions we can answer them and in case I get two far off track I do have Emily Kane to keep me on track, hopefully as she's written most of this. The first part of this is the professional services agreement. Now, when I originally talked about the services agreement when we did the presentation before it was for animal control services. You will notice this also says dog licensing. We have gone ahead and incorporated the dog licensing agreement into the yearly contract, that way we cover two things with one document. This document has gone over by legal. We have made a few tweaks to it to change it to the way the city wants it to read and the good news is today is Dr. Jeff Rosenthal is ready to sign this today and mail it back to us, so we would have it ready by the 24th of September when we bring this entire packet through for final approval. If you have any chance to look at this, is there any questions related to the professional services agreement? De Weerd: Lieutenant, I just had to chuckle. Under definition I guess of an animal is any member of the animal kingdom, except members of the human race. That is --that was very well defined. Overton: That is a legal term I'm sure. De Weerd: Any questions from Council? Overton: Okay. Madam Mayor, Members of Council, moving onto the second document, the second document is -- our current ordinance and updates to that ordinance, part of what we are going to do here is do a lot of terminology changing, so that we are consistent with the terminology used across all aspects of what we do with animal control and fee schedules and everything with IHS. So, as you look through and you see a lot of strike throughs, the first one will be is we have only ever funded and called a dog pound as we have discussed before, but we are contracting for a full animal shelter. So, the word dog pound has been struck and animal shelter has been placed in all of those areas. Another one you will notice is anytime it just said dog it will now refer to animals. Other changes in definitions will be impound fee is changed to a redemption fee. Relinquishment is changed to surrender. We have done all of these changes just to make sure that our language meets their language, there is no misunderstandings as we move through. So, it's really a clean up to bring us consistent with the language that they use and all the other entities in Ada County. I would stand for any questions on that . De Weerd: Any questions from Council? Okay. Overton: Madam Mayor, Members of the Council, this third document is the resolution adopting the fee schedule changes that would come with the contract. We will still maintain quite a bit of revenue coming back to us, even with a contract with IHS. When Meridian City Council Workshop September 10, 2013 Page 40 of 46 they take enforcement action, fines, court fines, all that stuff still comes back to us at the same rate that it does now. The other ones we have on these fees is we have some new fees. Instead of a dog impound, of course, they are called dog redemption fees and there is now a cat redemption fee and there is going to be a livestock redemption fee. It's important to note on those new redemption fees, which are our old impound fees, is a hundred of that still comes back to the city. Where IHS collects fees from this point forward that we have either collected in the past or had the NBHS collect in the past, is they will collect all of the boarding fees, they will collect all of the adoption fees, vaccination fees and all veterinary fees, everything that's found on their site by their people. So, we will still have a significant amount of revenue coming back to us from stuff that we have always done before and we will continue to get revenue from in the future. And, again, these definitions that we saw on the previous change are also on this new fee schedule and change. Any questions on the fee schedule update? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, I guess this is a question for Mr. Nary. In other departments if we have new fees we have to have a public hearing. So, you mentioned you're going to bring this whole thing back to us in a couple weeks. Is that a public hearing at that point or how do we handle new fees? Nary: I think Ms. Kane is going to answer the question. Zaremba: Okay. Thank you. Kane: Thank you. Madam Mayor, Members of Council, Councilman Zaremba, the -- that's correct. There will be a hearing on September 24th. It was -- notice of that hearing was published yesterday and will be published next week and, then, we will be ready to have the public hearing. The -- the fee schedule is largely unchanged, except for those -- those new fees that Lieutenant Overton mentioned. Zaremba: Thank you. De Weerd: Okay. Overton: If no other questions, move onto the last document. The last document is the resolution that deals with declaring the two animal controlled vans we have now as surplus property and being donated to IHS, the consideration of which is included in the service agreement, which was the first document. That's pretty straight forward on how we have done that. But those two are tied together. So, I would stand for any questions if there are on that one. De Weerd: I don't see any. Meridian City Council Workshop September 10, 2013 Page 41 of 46 Overton: I'm glad to hear it. Or not hear it. With no further questions, as was stated, this will be coming back on the 24th. We will have a public hearing on the fee schedule. I believe we talked that the actual service agreement, if there is no questions, could go on Consent and be signed and the other two need to come back as resolutions and ordinance changes. Thank you. Rountree: Very good. H. Fire Department: Overtime Discussion De Weerd: Okay. Very good. Well, under the auspices of the dog ate the homework, we are skipping Item H. Rountree: You're in the dog pound. I. Public Works/Legal Departments: Discussion of Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District De Weerd: I won't elaborate on that. Item 7-I is our Public Works/Legal Department. Nary: Madam Mayor? Madam Mayor, Members of the Council, I was wondering, because of the lateness and your other meeting, we believe this Item I is not only relevant to the Council, but can be also relevant to the Planning and Zoning Commission, since part of this transaction is going to be in front of them at a certain point in time. Mr. Barry and I have been corresponding while we have been here and we wondered if it would be relevant or appropriate to move this item to your joint meeting after your presentation on the Eastern Treasure Valley electric plan. We could have this discussion with the Commission and -- before we go to the Executive Session on a separate item. De Weerd: I think that would be most appropriate. Nary: Okay. De Weerd: Okay. So, do I need a motion, because it is on a separate agenda? Nary: What you will need to do -- you can -- basically we have made note of it on the record. We are going to have a motion at the beginning of the next meeting on the agenda to add it. Bird: Add it to the agenda. Item 8: Ordinances Meridian City Council Workshop September 10, 2013 Page 42 of 46 A. Ordinance No. 13-1574: An Ordinance for the Re-Zone of 5.85 Acres of Land Known as the Bainbridge Subdivision (RZ 13- 005) Located on the South Side of Chinden Boulevard Midway Between N. Ten Mile Road and N. Black Cat Road from L-O to R-8 De Weerd: Okay. We are moving to Item 8-A. Madam Clerk, will you, please, read Ordinance 13-1574 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1574, an ordinance RZ 13-005, Bainbridge Subdivision, for the rezone of a parcel of land located in the northeast one quarter of the northwest one quarter of Section 27, Township 4 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho. Establishing and determining the land use zoning classification for R-8, Medium Density Residential, Zoning District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we approve Item 8-A, Ordinance 13-1574 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Ordinance No. 13-1575: An Ordinance for the Annexation of 5.34 Acres of Land Known as Jack's Place Subdivision (AZ 13- 006) located East Side of S. Meridian Road, approximately 1/4 mile north of E. Victory Road from RUT to L-O and R-8 Meridian City Council Workshop September 10, 2013 Page 43 of 46 De Weerd: Item 8-B is Ordinance 13-1575. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1575, an ordinance AZ 13-006, Jack's Place Subdivision, for annexation of a replat of a portion of Lot 7 of Edmonds Subdivision, as shown in Book 33 of Plats, pages 2050 to 2051, Ada County records, within government Lot 3 of Section 19, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to L-O, Limited Office District, and R-8, Medium Density Residential District, in the Meridian City Code. Providing that copies of this ordinance be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. It's riveting. Anyone want to hear it read in its entirety? Seeing no takers, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B, Ordinance 13-1575, with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Ordinance No. 13-1576: An Ordinance for the Re-zone of 5.52 Acres of Land Known as Fast Eddy's (RZ 13-006) Located at 710, 730, 750, 770, & 770 W. Ustick Road, Meridian Idaho from C-N to C-C De Weerd: Okay. Item 8-C is Ordinance 13-1576. Madam Clerk. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1576, an Meridian City Council Workshop September 10, 2013 Page 44 of 46 ordinance RZ 13-006, Fast Eddy's, for the rezone of a parcel of land, including Cedar Springs Subdivision No. 6, recorded in Book 91 at pages 10818 through 10819, records of Ada County, Idaho. Situated in a portion of the southeast one quarter of Section 36, Township 4 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho, establishing and determining the land use zoning classification of C-C, Community Business Zoning District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, Madam Clerk. I don't see anyone jumping up and down to hear it read in its entirety. So, Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 8-C, Ordinance No. 13-1576 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-C. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Third Reading: Ordinance No. 13-1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies De Weerd: Item 8-D is the third reading of Ordinance 13-1573. Madam Clerk. Holman: Thank you, Madam Mayor. Third ready of City of Meridian Ordinance No. 13- 1573, an ordinance repealing and replacing Meridian City Code, Section 10-2-1, adopting the Idaho State Plumbing Code and local amendments thereto. Amending Meridian City Code, Section 10-1-3, local amendments to the 2009 International Building Code and providing an effective date. De Weerd: This was the third and final reading of this ordinance. Is there anyone who Meridian City Council Workshop September 10, 2013 Page 45 of 46 would like to hear this read? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-D, Ordinance 13-1573 with suspension of rules. Bird: No. Do not suspend the rules. Zaremba: We already complied with the rules. De Weerd: We actually followed them. Rountree: We followed the rules. Bird: Followed the rules. Zaremba: I second that. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: We are at the final item. Any topics for future meetings, Council? Bird: I have none. De Weerd: No? Okay. I would entertain a motion to adjourn our workshop. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Workshop September 10, 2013 Page 46 of 46 MEETING ADJOURNED AT 5:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD DATE APPROVED Meridian Gity Council Meeting DATE: September 10, 2013 ITEM NUMBER: t _ PROJECT NUMBER; 4A ITEM TITLE: Approve Minutes of July 9, 2493 City Council Budget Hearings MEETING NOTES ~ aPaaoufo Community ItemlPresen#ations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACT1aN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Gauncil Meeting DATE: September 14, 2413 ITEM NUMBER: PROJECT NUMBER: 4B ITEM TITLE: Approve Minutes of July 90, 2093 City Council Budget Hearings MEETING NOTES f_ Community ItemlPresentations Presenter Contact Info.INotes ~i ~P~80YED CLERKS ~FF1CE FINAL ACTI~lV DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: PROJECT NUMBER: 4C ITEM TITLE: Approve Minutes of July 16, 2013 Pre Council Meeting MEETING NOTES ~~ Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APALICANT NOTES INITIALS Meridian City Council Meeting DATE: September 1 ~, 2013 ~ lTEIVI NUMBER: PROJECT NUMBER: 4D ITEM TITLE: Approve Minutes of July 16, 2013 City Council Meeting MEETING NOTES r~ R"9~~YE0 Community ItemlPresentations Presenter Contact [nfo.INotes CLERKS OFFICE FINAL ACTION DATE: E"MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: ~ PROJECT NUMBER: 4E ITEM TITLE: Approve Minutes of July 23, 2013 Pre Council Meeting MEETING NOTES Community ItemlPresentations Presenter Contact Info.lPlotes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 23, 20'13 City Council Meeting MEETING NOTES Community Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 14, 2013 ITEM NUMBER: PROJECT NUMBER: 4G ITEM TITLE: Approve Minutes of August 6, 2013 City Council Special Meeting MEETING NQTES ~ ~~a~ouEo Community itemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE F1NAL ACTION DATE: E-MAILEQ TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS dVleridian City Council Meeting- DATE: September ~ 0, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 13, 2013 Ci#y Council Meeting ~i RPPR0VE0 MEETING NOTES Community Item/Presentations Presenter Contact Info.lNotes CLERKS QFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 1 ~, 2413 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian Community Btock Party 2093 Sponsorship Agreement Between All CAD Northwest and the City of Meridian for aNot-to-Exceed Amount of ~~~o.oo MEETING NC>TES ~~ ~~~~ H Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE• ' E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I ,.: /~ ~ f MERIDIAN COMMUNITY BLOCK PARTY 2Q13 SPONSORSHIP AGREEMENT ~~ 5e-Q~ This MERIDIAN COMMUNITY BLOCK PARTY 2013 SPONSORSIIP AGREEMENT ("Agreement"} is made on thisday of,, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation orgaruz under the Iaws of the state of Idaho, uvhose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and All CAD Northwest, whose address is ] 465 E. Conirnercial Ave, ivleridian, Idaho 83642 {"Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agxee as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, artd shall be C ~ recognized as, a 2013 Sponsor of City's Meridian cominunity Black Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as ExhibitA. 2. Payment. Within thirty (30) bays of the Effective Date of this Agreement, Sponsor shall prepay to City seven hundred and fifty dollars ($7S0). In the event the Sponsor fails to pay this amount in a timely mariner as provided herein, City may immediately cancel and void this Agreement, Tit the event that the Meridian Community Stock Party. is discontinued for any reason, the amount prepaid sha11 be refundable. 3. Promotion. With regard the Meridian Coinmiinity Block Party, City sha11 undertake the pinmotivnal and advertising efforts enumerated for the sponsors in the Meridian Community . Block Party 2013 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Te~ttn. The term of this license shall-be from the Effective Date through September 30, 2013, unless earlier terruinated by either party by the method established herein. 5. Cancellation; scheduling: The parties acknowledge that the 2013 Meridian Conunuirity Block Party is scheduled to beheld at Settlers Park on September 14, 2013 from 9:00 a,xn. to 4:00 p, rn., but cancellation may he necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling andlor cancelling Meridian Community Block Party activities, including any and aII related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park i:s a public MEizm1ANCOMMUNTrY BLOCK PAR1`YPRESENTTN4 SPONSO12sHIP AGRBEivfENT PACn J of 6 .` -- ~r' - it T _ra ~" '4 ~ space, the management and scheduling of which shall at all times be within the sole purview of City. Aeey right orprivilege granted W Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the 11l!'eridian Community Block Party, nor the right to interfere with any person's concue'~nt, lawful use of Settlers Park where such concurrent use claw teat conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover Ions, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, ar to cover any activity undertaken by Spnnsar in the exercise of the rights ar 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, andlar property insurance. 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 peivacy ar 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. $. Termination. a. Termination for cause. If either Parry determines that the other has failed to comply with any term or condition al' this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the perfartnance of this Agreement; or if either Party willfully or negligently defaults in, ar falls 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 seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailir-g of written eaotiee of such termination by the terminating party. b. Terxr~ination without cause. Either party may terminate this Agreement far any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon terreeietation. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation ar damages for any equipment pr materials provided pursuant to this ,El,greement or obligations incurred in furtherance of iha rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability far damages sustained by the other attributable to a breach of this Agreement. C MERIpIAN CaMM[3P[ri'Y $liOCT~ PARTY PRESENTING $t'aNSO1tSH1P AGREEMENT ~'AGe 2 of 6 9. Photography and recording. City shall be authorised to photograph, record, video tape, reproduce, transmit, or disserrzinate, in or from the lvleridian Cammunety Block Party, all related activities for educational and public infor-natian purposes. City shall not be respolsible for the actions of persons who are not under its employment oz- 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. Bath 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 then agreement shall be made 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 areseng out of or resulting from the candetion pf City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tartious conduct of City ar its employees. Sponsor fiarther agrees to indemnify and hold City hat7rnless from any loss, liability, claim or action from ciatzaages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, ar invitees and not caused by or arising out of the tartious conduct of City or its employees or volunteers. IZ. Waivex. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing ottt of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damtage znay be attributable to known or unknown conditions, except for liability arising out ofthe tortious conduct of Gity ox its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for ally income realized as the result of activities undel'taken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shalt be performed in a timely inannex, The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach af, and a default under, this Agreement by the party so failing to perform. I ~. Compliance with Iar~v. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local Laws, M~RIUTAN COMMUN]TY BLOCK PARTY PRT:SEEV'T7T1{i SPONSORSHIP AGREEMENT PAGE 3 of G C l6. Nart-clisGrtminafion. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap, l7. Entire Agreement. This Agreement constitutes the entire understanding between the parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether arai or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not I}e enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. Tf either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of thi$ Agres~taent, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement, Venue shall be in the courts of Ada County, Idaho. 2d. Cumulative rights and retraedies. Ali rights and remedies herein enumerated shalt be cumulative and Wane shall exclude any other right or remedy allowed bylaw. Likewise, the exercise of any remedy provided for herein ar allowed bylaw shall not be to the exclusion of any other remedy. 21. Severability. 7f any provision of this Agreement is found by a cCSUrt of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22.110 aSSignrnegt. Sponsor shall not assign, sublet, subcontract, Or transfer its rights ar 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 ail notice required to 6e provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows; S o~ nsor: Melissa Mendez mmendez @meridianunited.org CIEV . Galin Mass cm oss C~ merid i a nc i ty. org Either party may change its email address for the purpose of this paragraph by giving wt'ittett notice of such change in the manner herein provided, MERIDIAN COMMUNITY BLOCKPAttTY PRBSENT[fdG SPONSORSHIP AGREEMENT PAGn4 of 6 24. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understattdzngs, oral or written, whether •previous to the execution hereof ar contemporaneous herewith. 25. L+'xhibits. All exhibits to this Agreement are incoiparated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 26. V[~arranty of authority, The undersigned expressly warrants that, to the exte~tt 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 foxdt herein, and to accept the liabilities as established herein on behalf of Spoxtsor. 27. Approval Required. This Agreement shall not become effective of binding until approved by the City of Meridian. SPQNSOR: Authorized Representative Si nature Please Print Name CITY OF MERIDIAN: BY: Tammy dj~erd, Mayer ~V_YU_ z.~- ~ DF~ C.z KYt~,Y1.- Title ~_)~ 1 ~ Date ~,~,~~ AT'T'EST: s~, 7 ~9 O~ ~ry aE E TIC DIA1~ lUpNO 9 ~~ ~7~.L1t-. ~~T 9~ Rut ILA TREASU~ City Clerk M$RTDIAN COMMUNI`T'Y BLOCK PARTY PttESENTI~fG SP~N5t3RSFtIP AGRE~tEN'r PAGE S of 6 Exhibi# ,A, ME.I~YDIAN COMMUNITY ~~,OCK ~'ARTX' X013 sFONSO~tS~IP PACKET Mascot Dame-tJff Tine Sponsor F~sr $750 you will rere~ve: • The Mascot Dance-Off witl be renamed with your organization/business name at the beginning. Example: [Your business r?amej Mascot Dance-off. • The opportunity to set up a booth during the event #o promote your business/organization in front of thousands of Treasure Valley families) • Your Logo finked to your website on the City of Meridian website on the Meridian Community Block Party page recognized as a Community Partner. Your logo and a link to your website on the Meridian Community Stock Party event listing on the Meridian parks and Recreation page on Facebook. This (fisting will also be ,posted on the City of Meridian page on Facebook. • Recognition from the event emcee during the event. + Your businessjQrganization's logo to be included in all other marketing efforts. IYIERIAIAN COMIvIUNI'rY BLOCK PnRTY PRESENTING SP('!T'150RSNIP ACrREEIVIEIdT PAGE ~ b~~ Meridian City Council Meeting DATE: September 10, 20~ 3 ITEM NUMBER: PROJECT NUMBER: 4,J ITEM TITLE: Approval of Agreement for Use of Kleiner Paris by Idaho Promotions Group, LLC for TUP-13-0(}7Q Chili and Salsa Fest MEETING NOTES ~~~~~~~ ~~~~~` Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NDTES INITIALS // ~ AGREEME T FOR USE OF KLEINER PARK FOR SPECIAL EVENT 1. ~ This AGREEMENT _ }C R U5E OF KLEINER PARK FOR SFIICIAL EVENT (hereinafter "Agreement") is made this ~fi~1 day of September, 2013 (the "Effective Date"}, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Kasey Thompson, on behalf of Idaho Promotions Group, LLC, a limited liability company organized under the laws of the State of Idaho whose address is 4830 Skyline Drive, Eagle, Idaho (hereinafter "Organizer"}. WHEREAS, Organizer has proposed a special event to be hosted by Organizer at Julius 11+7. Kleiner Memorial Fark ("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on October-12 and 13, 2013; and WHEREAS, City and Organizer recognize that publicly-held facilities are resources requiring heightened stewardship and protection; and tiVHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishilig; the terms and conditions of Organizer's use of Park; NOVV, THEREFORE, far 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 Organizer agree as follows: C x. PERMISSION GRANTED. City hereby grants to Organizer pet~n~ission to utilize Park. at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit Ito. TUP-13-0070 for a special event known as "Chili and Salsa Fest" ("Event"). II.OBLIGATIONS Or ORGANIZCR. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, xnfrasti-ucture, and/ox vegetarian is appropriate and reasonable. Where Organizer's use of Park and Park facilities, infrastructure, andlor vegetation eattses disproportionately excessive damage to same, Organizer shall reimburse City fox the cost or proportionate cost of necessary repairs andlor replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks andlor facilities, including, but not limited to, policies adopted or enacted by the Director of the lVleridian Parks and Recreation Department. B, Permitting. In addition to compliance with ail terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the fallowing permits, as required bylaw: 1. City of Meridian Temporary Use Permit for Special Event; - 2. Any and all applicable licenses, peinnits, inspections, andlor certifications from the Central DisttYCt .~Iealth Department; 3. Any and all licenses, permits, inspections, andlor certifications required by the Ciry of Meridian Catnrnnnity Developratent Department, Building Services Division, including, without limitation, permitting and inspection far all tents, generators, electrical equipment, etC.; AGdtESML~iVT FOR PISS aF ZCL,LINER PARK FOAL SPECIAL EV131~T PtLGE l aF 6 4. Any and all licenses, permits, inspections, and/or certifications required by the Crty of Meridian Dire Department; 5, .Any and alI licenses, permits, inspections, and/or certifications required by the Meridian Parks and Recreation Department; anti ~ . 6. Any and all licenses and permissions required for the pukpase of broadcasting televised sporting events. C. Fees, casts. 1. By noon (12:00 p.m.) on Friday, September 27, 2013, Organizer shall te;mit to City all applicable application, permit, and reservation fees, as adopted by fee schedule and/or as required herein. 2. By noon (1.2:00 p.m.) on Friday, September 27, 2013, Organizer shall remit to City $1,540.00, which includes the fee for reserving Park for two days ($530.00/day x 2 days = $1,060,00) and to reimburse City~for the cost of providing Meridian Parks and Recreation personnel to staff Palk during the Event and provide facility maintenance and janitorial services before and after the Event (October 12; 1 staff from. 9:00 a.m. to 9:00 p.m. $20/hour x 12'hourslday = $240; October 13: 1 staff from 9:00 a,m. to 9:00 p.m. $201hour x 12 hourslday ~ $240), . If additional staffing or extended hours ate required for the protection of public safety ox maintenance of Park, Organizer shall reimburse City for all staffing costs within fourteen (14) days of City's invoice for such costs, If Organizer fails to timely reimburse City pursuant to sut:Ii invoice, the Ciry may decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. D. Time and place. The permission extended under-this Agreement shall apply to the areas of Park detailed on the event si.#e plan approved by City under City of Meridian Temporary Use Permit no• TUP-13-0070 from 10:00 a.m. to 7:00 p.m. on Sattuday, October 12, 2013 and 10:00 a.m. to 7:00 p.m. ou Sunday, October 13, 2013, Pursuant to City Code, Park shall be closed thirty minutes after sunset. E. 1Vlanner. The permission extended under this Agreement shall be subject to all terms and conditions as set forth iu this Agreement, in City of Meridian Temporary Use Pexxnit no. TUP-13-0070, and in any applicable laws and policies, including, without limitation, the Meridian Parlcs and Recreation Event Planners' Handbook, attached hereto as Exhibit A. Such terms and conditions shall include, but shall not be limited to, the following; 1, The public must have general access to all areas of Park at all times, so long as such access does mot unduly interfere with Organizer's use of Park for Event. Signs leading "Free Admission" must be clearly posted at each entrance to Event. 2. Driving or parking vehicles onnon-designated driving or parking surfaces shall be prohibited, with the limited' exception of vehicles driven short distances on non-designated driving surfaces for the purpose of transporCing, loading, or unloading equipment and supplies during set-up or tear-down. Vehicles may be driven on tuts only at the direction of Meridian Parks & Recreation bepartment staff. 3. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall reimburse City for all costs of repair, replacement, or expenee within fouzteen (14} days of City's invoice for such costs. 4. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities, S. 'No smoking shall be allowed in Park, except in designated parking areas. 6. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Pai'k. 7. Organizer is authorized to post signs for the purpose of identifying, promoting, advertising, or directing patrons to Event as represented and approved in City of Meridian Temporary Use Permit no. TUP-13- 0070. Organizer acknowledges that the pexxnission extended by City under this Agreement to past signs AGREBtJ1FSNTFOR UsE OP KLBINER pARTC ~'OR SPECIALEVENT PAGE 2 OF 5 shall extend only to the locations approved in City of Meridian Temporary Use Permit no, TUP-13- 0470, and that it is unlawful to past a sign identifying, promoting, advertising, or directing patrons to Event without the permission of the ownex of such property. Organizer shall remove all signs , identifying, promoting, advertising, ar directing patrons to Event by 5:00 p.m. an Monday, ©ctober 14, 2013. F. No alcohol. Alcohol may not be sold to andlor consumed by the public attending the Event. G. Security. Organizer will not be required to provide event security personnel at the Event. Organizer agrees that in the event the Chief of Police or his designee deems this level of security to be insufficient to protect the health and safety of Event attendees or Park users, extra-duty Meridian Police Department personnel shall staff the event at Organizer's sole expense, pursuant to policies established by the Meridian Police Department and at the rate established by fee schedule. Organizer shall reimburse City for aII costs of extxa- dutypersonnel staffing by Meridian Police Department within fourteen (14) days of City's invoice for such costs. In the event of Organizer's failt>re to timely reimburse City pursuant to such invoice, the City may decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. H. Medical services. Organizer will not be required to provide medical services at the Event. Organizer agrees that in the event the Fire Chief or his designee deems this level of service to be insufficient to protect the health and safety of Event attendees or Park users, extra-duty Meridian Fire D~epartrnent personnel shall staff the event at Organizer's sole expense, pursuant to policies established by the Meridian Fire Department and at the rate established by fee schedule. Organizer shall reimburse City for all costs of extra-duty personnel staffing by Meridian Fire Department within fourteen {14) days of City's invoice for such +costs. In the event of Organizer's failure to timely reimburse City pursuant to such invoice, the City may decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. I. Insurance. As xequired by Meridian City Cade, Organizer shall submit to City proof of an insurance policy issued by an insiuance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise dus7ng or in connection, with Event, including Event set-ttp and tear-down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occusxesace property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any pesrnit. If City becoxsses liable for an asnount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, andtar invitee, or any participant in or observer of Event or related activities, Oxganizer covenants and agt'ees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments fox damages or liability to persons or property. _ ILL dBLTGATIONS OF CITY. A,. I{'acilfty operation. Except as otherwise set Earth herein, City shall provide general maintenance, snowing, irrigation, and custodial services with regard to i'arlc facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Pack facilities, including, but not Limited to, electricity, potable water, sewage service, andlox typical waste and refuse removal. City shall cause the repair and/or AGREEMENT FOR USE OFKLEINER PARTC FOR SPECIAL EVENT ~ PAGt3 ~ OF6 replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the extent that the cause of damage is attributable to Event aetivides, Organizer shall be responsible for the cost of repair or replacement. B, Primary Source of Contact for City. City shall provide Organizer the name, a-mail address, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between City and Organizer for all day-to-day matters regarding set-up, aperat_ion, and teax~dawn of in Park. City Contact for Event shall be: City Contact: Colin Moss, Recreation Coordinator Meridian Parks and Recreation Department E-mail: c~noss@.tneridiancity.org Cell Phone: 208-865-998'7 Office Phone: -208-888-3579 IV. G~NRRAI, PROV~S~QNS. A. 1Votice. Communication between Organizer and the City Contact regarding day-to=day matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e- mail, addressed as follows: City: - Organizer: , City of Meridian Kasen Thompson _ Attn: Parks and Recreation Director Idaho Promotions Group, I.,I-.C 33 E. Idaho Avenue 4830 Skyline Drive Meridian, Idaho 83542 Eagle, Idaho 83516 ssiddoway@xnexidzancity.arg eventcoardinator@prornoteidaho.com B. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sale purview of City. City shall have the right to allow the use of Park, and close all or anyportion of Park, far any and all purposes and under any and all conditions • C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not interfering with Organizer's use thereof, nor the right to interfere with.any person's concurrent, Lawful use of Park where such concui~-ent use does not conflict or interfere with Organizer's use. At alI times Organizer shall be an an equal footing with the ,general public regarding its use of Parlc. Organizer shall exercise any exclusive use ,gra~tted ny this Agreexzaezxt only in accordance with the texxtts of this Agreement and in accordance with any and all applicable laws and City policies. D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntat'ily, without the prior written ccinsent 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. E, No agency. Neither Organizer nor Organizer's etzaployees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their i~se and occupancy of Park. AGREEMENT FOR USE pF KLEIMER PARK FOR SPF.C'TAL EVENT PA464 OF 6 F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, andlor invitees, including any and aII participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and a1I losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer ar any Organizer employee, agent, contractor, official, officer, servant, guest, andlor invitee, and/or any participant in ar observer of Event, at or in Organizer's u se of Park, or any lack of maintenance ar repair thereon and not caused by or arising out of the tortious conduct of City. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, andlor invitees, including any and all participants in Event or related activities, specifically, without limitation, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, or judgments for damages and expenses caused or incurred as the result of Organizer's failure to obtain proper licenses and permissions required for the purpose of broadcasting televised sporting events. G. No ~varra~nty. City makes no warranty or pronuse as fio the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the couxse of Event and all related activities. ZI. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. Attorney tees. 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 maybe granted, to court casts and reasonable attorneys' fees as determined by a court of competent jiuisdiction. This provision sha11 be deemed to be a separate contract between the parties and sha11 survive atiy default, termination ox forfeiture ~. of this Agreement. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set faith herein. The parties acknowledge and aga'ee that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. . ~ - ~. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall net be limited to; an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes ar makes impossible the pet•£ormance of the terms of this _ . Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either patty a detriment to the public health, safety, ox welfare. __.,.;_ _~ ~ ~. ~. ~. 2. Process, Either party may terminate this Agreement by providing t ertty-four (2.~~~ `~•,tice of intention to terminate. Such notice shall include a description of the reach ar cat'~,~rp.st~l~~ providing grounds for tei7ninataan. A twenty-four (24) hour cure period shall commence u o rov'sion of e notice of intention to terminate. Yf, upon the expiration of such cure period, cure o e reac ax circumstances providing grounds for termina#ion has nr~t occutYed, this Agreement shall be teinunated upon mailing or e-mailing of notice of termination. L. Breach. Any act or omission by Organizer which breaches any term of this Agreement shall constitute breach of this Agreement. Any inaccuracy in Organizer's permitting ar licensing applications or materials prepared or dist~•ibuted by Organizez' promoting Event shall constitute breach of this Agreement. Any AGREE~v1ENT FOR USE OFKIEI~IHR PARtC FOR SPHC[AL $VBNT PAGE S aF 6 r" discrepancy between Organizer's representations to Gity and Organizer's practices sb.a11 constitute breach of l this Agreement. Organizer's submission to City of a negotiable instrument with insufficient funds shall , constittt#e breach of this Agreement. In the event of breach, the City may terminate this Agteetnent, and may also decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing _ reservations of City facilities, or decline to allow the subsequent use of City facilities for Event ar any iteration thereof. M. Nan-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 tettn, and any right or remedy hereunder tnay be asserted at arty time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. N, Constc•uction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validityor enforceability of any other part of this Agreement so Iang as the remainder of the Agreetrtettt is reasonably capable'of completion. O. Exhibits, All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. P, Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements ar understandings, oral or written, whether previous to the execution hereof ox contemporaneous herewith. - - Q. Applicable Iaw. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. R. Approval required, This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. IN WITNESS '4~VHEREOF, the parties shall cause this Agreement to be executed by theiz• duly authorized officers to be effective s'of he day and year first above written. IDAHO P OTIONS O , LLC: S'fA'fEO1~IbAH© ) ) ss; Kas pS ,,. Cou~tty of ~~ ) I HEREBY CERTIFY that on this r~ ~ day of Sept., 2013, before the _ undersigned, a Notary Public in the ,State of Idaho, personally appeared Kasey - ~ ~ - Thornpsan, proven to me to be the person who executed the said instrument, SItM $NATEp and acknowledged to me that he executed the same. NOtaty Pu~liC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ~~tRt9'~QX ldatla seal, the nd ye his certificate first above written. ~i~y P -' or Idaho Residing ak 1-~? W ,~„rt~ .jr ~~ ,Idaho • My Co xpires• t I -(t .i Tj" CITY OF MERIDIAN: 0~~11"° n uGLSr . ~,,,..---"' Attest: BY: -,~Q ,(~ uty~ Tammy de d, Mayor ~.~P/l, E IDT~ man, City Clerk ~ ioaria ~ ~ AGRBEtvtBNT F(lR USB CiR I~rr-ER PARK. FQR SPECI'P,L c~Fr SIa~L sA~~ PAGE 6 aF $ ar ~4c'7AE ~9~&4 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 4K PROJECT NUMBER: MDA 13-0'I'! ITEM TITLE: Modified De~eiopment Agreement for Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Modify Certain Provisions Approved with the Recorded Development Agreement (Instrument # ] 06187189} MEETING NOTES ~~~-'fQ ~- Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL AC7'!QN DATE: E-MAILED TO STAFF SENT' TD AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT ,00 6- ' 8015E IDAHO a9t1?IS3 41;45 FM DEPUTY Vicky Bailey `+~y~l~~~Ii'li~l`I~~~~I~~~~~1~`~~~~~I i RECORDED -REQUEST Of 11, ~ 1 ~~$~~ Merid[an Cl1y ADDENDUM TO THE DEVELOPMENT AGRECMENT PARTIES: 1. City of Meridian 2. Iron Mountain Real Estate .Inc., Owner/Developer This addendum is made and entered into this. 'C~ _ clay off' ~'rv~~h2 v , 2.013, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY and Iron Mountain Real Estate, Inc., whose address is 3681 N. Locust Grove Road, Suite 100, Meridian, ID 83646, hereinafter called OWNER/DEVELOI?ER. RECITALS A. CITY alad OWNER/DEVELOPER, and/or predecessors, entered into that - cex-tain Development Agreement dated November 30, 2006 (Insttc~rnent # 106187189) on the lara,d desexit~ed in Exhibit "A" ("Property"}. B. CITY and OWNER(DEVELOPER now desire to amend the Development Agreement and Addendum to the Development Ag><•eement in accordance with the terms in thrs Addendum, which terms have been approved by the Meridian City Courieil in accordance with Ida11o Code Section 67-6511A. NOVA, THEREFORE, in consideratiorr of the covenants and conditioi>IS set forth herein, the parties agree as follows: 1. OWNERIDEVELOPER shall be E~ound by the terms of the Development Agreement, except as specifically to Section 4 and Section 5.1 of the original Development Agreement as follows: 4. U5E5 PDRMITTEl~ BY TH.~S AGREEMEII~T: 4.7 The rases crllvwer7. pact satarxt to this Agr-eerraent are vraly those arses callvwecl under Cify's Zora irxg OJZlinarace cvclif ied nt Mer•idiarx Urxif ied Deuelupanent C©ele ~ I1-2A-2 tivhich. cat-e l?4'r'e172 Speca~aetl CGS fOIIOYVS: Fvr the coJastruetivra of o G4-xarxit raratlti farraily clet~eloprrxerxt eonsistirag of Xb resiclentical. baGidding lots ct,ad ~ conr,arora ruts irz can R-75 zorxirag district per•tinerat to file rxaararUer- PP 73009 crrr'd CUP 73-OII, 4.2 1Vo charxge ire the arses specified in tlaisA,greerrrent sltallle allowed. withoartrrr.adificatiora of tlxis Agr•eernenr: ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-411 TOUCHSTONE PLACE) PAGE 1 OF 5 S. CON.IIl'TfO1VS +GUVERNIIVG DE~E,LOPMEIV~' l1F SU.EJL'CT PROPERTY: 5.1. OrvnerlDeveloper shall develop the Property in accordance yuith. tlxe fodlowbxg special canditiorts: X, That all future uses shall not involve arses, activities, processes, raaateriads, erlarip)nent and conditions of aperatian that wild lJe detr77rrerztal to Gray persort,s, property ar• the general rvelfat•e by reasarx of excessive praductiora of traffic, rzvise, smoke, furrres, glare yr vdvas. 2. That all future developrraent of the subject propert)~ slzaLl t)e corzstl-arcted in aecardance rvitlx City of lller idicrra or•tlr'rzances irxeffect at t/re tune ofdevelvplnent; 3. Tlrat tlae rapplicartt will be res~)ortsible foratl costs rrssveiated rvitlt tlxe.ret~ver rrtttl water service extensiarz. 4. That any cxistirtg dolnestic wells artdlar• septic .r}~.st~rns ~rvitlzin this project tivill have to be rerrrotrerl fiarrz. their dvnzestic service, per Cit)~ Or'rlincrrzce S'ectian 5-7-517, tvlzerr services are avoidable from. the City of Meridian. Welds rrray be tlsed far Wort-darrtestic purposes such. cos ta)zdscatae irrigatiorx. 5. Tlrat the following slxall be tla.e only adlawetl rises ore this propery.• rizultifaraaily development and allowed accessory uses of the R-1 S zvrae. 6. 77zat a razaxirratuat of b4 units tivill be constructed an tlxds site. 7. Ttaat pr•ivr to issuance ofany btrdldin~J perr)xit, lh.e suUject pr aper7y I)e subdivided irx acco)clance tivitla the City of.~leridicrrz. Uitifierl Development Cade. 8. That a street buffer; constructed in accvr ct~rnce with City Code, be installed. alarzg .Fairview Avenue prior to occttpanc)~ of tiny netiv dwelling ttn.its. 9. Tlzrct cross access totfr-orn the proposed IVvrtla Jericho Wa)~ tae provided to the parcel to tla.e ti~lest (5110~120b05 trrtd SI107120620}, for' futarre cleVelOplraelat along Fairvieav Avenue, 10. The OlvrterlDevelopershall g)ant access to parcel #51107114527and constrarct tlae access dr-ivewa3} to th.e eastern prvpert)j 6narndary in tla.e location approved with. the CZC-09-OSS. Tlae drivervuy slzald be eorzstrtrcted pr'iar to issuance of certificate of accupcancy far the fast slructu~ e. 11. Develnpr)zent of the site slradl srrb.sttrntictlly cvnaply tvitla tlz.e plat, site and landscape plans in Exhibit B and the building elevations irtclrrded in Exhibit C, the carzditionals of crppr•oval listed in th.e staff report dated Jtrly 23, 2013, t/ae design stctndtrrds listed ira UDC .tl-3A-19, and tJze garidelittes contained ire th.e City of Meridian Design Manual. ADDE3+tDUM TO 1)HVELOPMENT AGREEMBNT (MDA 13-01 l TOUCHSTOiV2 PLACE} PAGE 2 OF 5 2. That 4wnerlDeveloper agree to abide by al( ordinances of the City of Nletidian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigzzs, heirs, or successor shall not meet the conditions o£ this addendum to tlae llevelopment Agreement, and any new ©rdinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' xespective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office, This Addendum shall be binding on the Owner/Developer of the Property, each su bsequent owner and any other person(s) acquiring an interest in the Property, Nothinghexein shall in any way prevent sale or alienations of the Property, or portions thereof, except that any sale ox alienation shall be subject to tine provisions hereon and any successor owner or owners shall6e both benefited and bound by the conditions atnd restrictions herein expressed. City agrees, upon written request of Ownez'/Developer, to execute appropriate and recordable evidence of terimination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. t, 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between t)wner(Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between OwnerlDeveloper and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto tu~less reduced to writing and signed 6y them or theix successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance oxxesolution of City. a. Except as herein provided, no conditioza governing the uses and/or conditions governing development of the subject Property herein pxovided for can be modified ox amended within the approval of the City Council after the City has conducted public bearing(s) in accordance with the notice provisions provided fox a zoning designation and/or amendment in force at the time of the proposed amendment. b. This A.ddendunn shall be effective as of the date herein above written. ADaENDUl9 TO DEYELAPjb1ENT AGREE~IEPrI' (MDA 13-Ol 1 TOUCHSTONE PLACE) P,4QE 3 OF S ACI~NOWLEDGIVIENTS IN WITNESS WHEREQF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELUPER: Iro, By CITY OIL" MERIDIA.]~I ~, By: Mayor Tam y Weerd 4~~,AZUn~u~t; God ~'r v? .,.. n r+ cs~y of ,.4 ~DANb J ~F .~~, ti r [ ~~ ~~ a~ ~,~ Jaycee Holman, City Clerk °~18e7RFa`~u~ ADDENDUfbI TO DEVELOPMENT AGREEiVIEiVT (ivlllA ! 3~0! J TbllCHSTONE PLACE) PAGE ~ QF 5 STATE OP IDAHO } . ss: County of Ada, ) On this day of ~ 2p 1 befa>.•e me, the undersigned, a Notaty Public in and fors ' State, ~ersoxt lly appear known or identified to me to be the ~ of Iron Moiyntain Real Estate Ync., and acknowledged to me that e executed the same on behalf of said company. IN WITNESS ~l)=1EREOF, I have hereunto set my hand and affixed my afficiai seal the day and yeat• in this certificate first above written. .•`~~1r~' A~ DMA ~~'., (SEAL}`~,+~Ci~' ~` ~ '~i •a~~A~'t' Notary Pi li f rld h , } ,~+~ ~ Residing at: ;~ PU8V1~ ,c My Colnrxiissian Expires: Z, ~••.....• 4 ~~ Tr n~ 1 4+ STATE OF IT7AH0 ) County of Ada S5 On this ~~ day of . ~ T ~p rvt ~e.y~- , 2013, before one, a Notaty 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 or the person that executedthe instrument of behalfof said City, and acknowledged tome that such City executed the Satre. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my afftcial seal the day and year in this certificate first above written. r ~*~~r~~ ...._ ~*.*~~A Jp'+.~ (SEALS ~~- TA ~ ~,~, ' Na y Public for Idaho -' o ~ ! , ~~~~`~ ~' ~~~ ;, Residing at: ~t ~.trtc7~t~t~ l 17 * ~ Commission expires: ~, an 4 . .mil i • • ~~!^ ~ l/ ADDENDUM TO DEVELOPMENT AGREEMENT {MDA 13.011 TOUCHSTONE NLACE) PAGE 5 OFS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 4L PROJECT NUMBER: MDA ~ 3-00 ITEM TITLE; Modified Development Agreement for Twelve Oakes (#ka Hark's Canyon Creek Subdivision by JLJ, Inc. Located a# 1845 W. Franklin Road: Amendment to Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for Mixed Use Development MEETING NOTES ~ ~D Community Item/Presentations Presenter Contact Info.INotes CLERKS ©FFICE FINAL ACTlt?N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AIyA COUNTY RECORDER Chrlsicp4er D, Aicb AMOUNT .DO { BOISE 1DAH0 09/12/13 oi:96 PNf 111r1I DEPUTY UickyBailey ~~~ f ~~lA~~~~~~+J~~~~~jlll~li[II ~~~~~~ 11ECORDED-REQUEST OF Itteridian City 11 ~1 ~~;31 u FIRST ADDENDUM TO DEVELOPMEi<TT AGI~EMENT PARTIES: 1. City of Meridian 2. Twelve Oakes, LLC, Owner 3. JLJ, htc., Developer THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 4 O day of ~~,.4.~r,,-, ~ ~~ , 2013, ("FIRST ~iDDENDUM"}, by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"}, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Twelve Oakes, LLC, an Idaho limited liability company whose address is 1735 W. Franklin Road, Suite 145, lVleridian, Idaho 83642, hereinafter called OWNER and JL3, Inc., whose address is 1735 W. Franklin Road, Suite 145, Meridian, Idaho 83642, hereinafter called DEVELOPER. RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded oxt IVovernber 15, 2006 in the real property records of A,da County as Instrument Na. 106180812 ("DEVELOPMENT AGREEMENT") as well as an Addendum to the Development Agreement recorded on July 17, 20.13 as Insttunient No. 113080081 an the parcel of property as described in Exhibit A. This First Addendum replaces that First Addendum which failed to contain language as approved by City Council, resulting in a Scribner's error E. City and OWNER andlor DEVELOPER now desire to amend the Development Agxeernent, which terms have been approved by the Meridian Cify Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set Earth herein, the pal-ties agree as follows; 1. OWNER andlor DEVELOPER shall be bound by the terms of the Development Agreement, except as specif tally amended to modify/add the following: 4. USES PERNII'I'TED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed ender "City's" Zoning Ordinance codified as Meridian City Unified Development Code. .4pprication for- a Certifacate of Zoning Compliance shall Ue subrraitted to the City of Meridian prior to future development in tlae C C and T.N IZ zones, crud Twetve Oaks (fka Hark's Canyon Creek Subdivision) - MDA-] 3-OQ8 page ] the pertinent pravisians of the City of Meridian Comprehensive Plan are applicable to the 1VIDA-13-008 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT; "{Jwner and/or Developer" has submitted to "City" a Conceptual Site Plan attached as Exhibit "B", and shall be required to obtain the "City" approval thereof, for a prelinninary and final plat of the subject property. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "awnerlDevelaper" shall develop the "Property" in accordance with the . following special conditions; 1. That the t}wner and/or Developer will be responsible for all costs associated with tlae sewer and water service extension. Any existing domestic wells and/or septic syskerns within this project will have to be removed from their domestic service, par City Ordinance Section 5-7-517, when services are available from. the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The Qwner andtar Developer shall provide a surety agreement for the construction of a multi-use pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge across the Ten Mile Creek in accordance to Unified Development Code 11-5C prior to the issuance of the first certificate of occupancy in this development. 4. The Owner and/or Developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the Location of the multi-use pathway, bridge maintenance, and landscaping along the Ten Mile Creek. 5. The public street depicted on the concept plan for access to the single- family residences at the southern end of the site shall extend to the west property boundary fox future extension. 6. A crass-access/ingress-egress easement or a public stxeet stub (as applicable) shall be recorded to the properties to the east {Parcel #'s R$956g00010 & R8~56000200) and west (Parcel #51214120fb1) prior to issuance of any building permits for the site. In Lieu of access being provided Twelve Oaks (tlca F•lark's Canyon Creek Subdivision) - MDA-23-00$ Page 2 from the subject property to Parcel # R$95600020t1, a cross-aceesslingress- egress easement may be granted instead through the Hark's Corner property {to the east of the subject property) with the property owners consent. In this case, across-access/ingress-egress easement shall be recorded to Parcel # R895G000200 along with consent far a minimum 20 foot wide section of the concrete fence to be removed for the access to occur. 7. Access to the site via W. Franklin Road is Iitnited to one access point unless otherwise waived by City Council in accord with UDC 11-3A 3A. City Council approved a waiver far the second access via Franklin Raad shown an the site plan, contingent upon approval lay ACRD. $. The commercial portion of the site is depicted on the concept plan to consist of a two xetail pads consisting of 2,900 and 1,754 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s,f, dental office. Itt determining consistency with the concept plan, building sizes on these pads shall be allowed a 20% increase or decrease in size. 9. Development of the single-family homes shall be consistent with the conceptual elevations included as Exhibit "13" unless otherwise modified through an amendment to this agreement. 2, OWNER and/or DEVELOPER agiees to abide by alI ordinances of the City of Meridian that are consistent with the terms of the Development Agreement aad this First Addendum and the Project Site shall be subject to de-annexation if the OWNER and/or AEVELOPER, or their l assigns, heirs, or successors sha11 not meet the conditions of this First Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum, 3. If any provision of this First Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this First Addendum and the invalidity thexeof shall not affect any of the other provisions contained herein. 4, This First Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER and/or DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions ar under-standing, either oral or written, express or implied, between OWNER and/or DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this First Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adapted ordinance or resolution of City, a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. Twelve Oaks (fka Hark's Canyon Creek Snbdivisxon) - MDA-13-008 Page 3 S. This First Addendum shall be effective as of the date herein above written. fi. Except as amended by this First Addendum, alI terms of the Development Agreement shall remain ir, full force and effect, ACKNOWLEDGMENTS IN WITNESS 'VV~HEItEQF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Twelve bakes, I,LC, an Idaho liability limited ATTEST: nueU~~, By: City ~f de Weerd `,-~'~t ~'~` f IpAHy .Holman, City Clerk n SF-.AL ~y A~15r Melva (Jaks (fka Hark's Canyon Cxeek Subdivision) - MDA-13-U08 Page 4 CITY Oln MERIDIAN STATL (~F IDAHO, } ss County of Ada, } On thisday a , 2013, before me, the undersigned, a Notary public in and for said State, personally appeared lames L. Jewett, known or identified to me to be the ~-ri(~G~Y` of Twelve Oakes, LLC and acknowledged to me that he executed the same with authority or- behalf of Twelve Oakes, LLC, IN WITNESS WTiBREOF, I seal the day and year in this certificate first ; ~.~• M • G~ 3. l'UB1'1 •,,~~R Tg 0'E ~q,.~, STATE ~(~F~IDAHQ, } S5 County of Ada, } xeszct~tig at, My Commission my hand and affixed my official On this_ day ,2013, before me, the undersigned, a T+7otary Pablic in and for said State, personally appeared James L. Jewett, known or identified to me to be the 5i of JLJ, Inc. and acknowledged to me that he executed the same with authority on behalf of JLJ, Inc. IN WI'T'NESS WkIEREOF, I ave hereunto seal the day and year in this certificate first ab a written. ~pTAR }' .~.,.. Pu B S.,tG ~,, ~ T,~_ o F ~O '~~~~hn,,,.t''~ 1 ~o and affixed my official Twelve Oaks (fka Hark's Canyon Creek Subdivision} _ MbA-13-008 Page 5 STATE OE IDAHO } County of Ada ss On this____~_ day of _ ~~e~_, 2{113, before me, a Notary Public, personally appeared Tanury de Weerd and Jaycee L, Holman, know or ident'if'ied to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed tl-evnstivment of behalf of said City, and acknowledged to me that such City executed the same. Ilv WITNESS WHERL~OF, I har+e hereunto set my hand and affixed my ©fficial seal the day and year in this certificate first above written. r y public for daho Residing at: ~, tam 1 Commission e~rpires: I Twelve Oaks {flea Hark's Canyon Creek Subdivision) - NIDA-13-008 Page 6 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: q.M PRtJJECT NUMBER: AZ 13-006 ITEM TITLE: Development Agreement for Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1 /4 Mile North of F. Victory Road Request: Annexation of 5,34 Acres from RUT in Ada County to the L-O (Limited Office} (1.71 Acres} and R-8 (Medium-Density Residential} (3.63 Acres} Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info.lNotes E CLERKS OFFICE F/NAL ACTION DATE: E'MAILED 70 STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RDA COUNTY AECORDEA Christopher D, Aieh AMOUNT AO 44 B015E IDAti4 09112113 01:45 PM I r I { REC RDEDiCREQUtrSTOF 11111111IIIII~II~[IIf11ElIfIIIlII~III Meridian CI1y i i ~ 1~,~$ i~ DEVELOPMENT AGREEME1~iT PARTIES: 1. City of .Meridian 2. John Bartlett, C-wnerlDevelaper THIS DBVELOPNIENT ACrREEMENT (this Agreement), is made and. entered into this~~j day of ~ r ~~ 13, by and between Cifiy of Meridian, a municipal corporation of the ,State o • Idaho, hereafter called CITY and John Bartlett, whose address is 105 E. Edmonds Coult, Meridian, Idaho $3642, hereinafter called O'VVhIER/DEVELOPER, 1. RECITALS: 1.1 WHEREAS, Owner is the sale owner, in Iaw ancUor equity, of certain tract C aflandin the Caunty afAda, State of Idaho, described in Exhibit A for each owner, whichrs attached hereto and by this reference incorporated herein as if set forth ui full, hereinafter referred to as the Property; and I.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities inay, by ordinance, retluire or permit as a condition of re-zoning that the OwnerlDeveloper made a written commitment concerning the use or development of the subject Property; and 1,3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11~5B-3, which authorizes development agreements upon the annexation andlor re-zoning of land; and - 1,4 WHEREAS, Owner/Developer has submitted an application fox annexation of the Property described in Exhibit A, and has requested a designation of Limited Offzce District (L-O) and Medium Density Residential District (R 8), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, OwnerlDevelapermode representations at the public hearings both before the Meridian Planning & Zoning Commission and before the 1Vleridian City Council, as to haw the subject Properly will be developed and •what improvements will be made; and DEVELOFMEI`IT AGRBEMENr-JACK'S PLACE SUBDNFSION{AZ 13-006) PAea 1 OP 9 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include 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 3'~ day of September, 2Q 13, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the OwnerlDevelaper to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERIDEVELOPER deems it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the OwnertDeveloper to enter into a .development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a xesult 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- zoningdesignation is inaccordance with the amended Comprehensive Plan of the City of Meridian adopted on Apri119, 2011, Resolution No.l 1-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 2 OF 9 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 O'Vt~NER/DEVELOPER: means and refers ~vhn Bartlett, whose address is 105 E. Edmonds Court, Meridian, ID 83642, the party that is developing said Property and shall include any subsequent owner{s) and/or developer(s) of the Property. 3,4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed as Limited Office District (L-4) and Medium Density Residential District (R-8), and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNIITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codif ed at Meridian Unified Development Code § I 1-ZA-2 and § 11-2B-2 4.2 No change in the uses specified in this Agreement shall be allowed without modif cation of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 4wnerll7eveloper shall develop the Property in accordance with the fallowing special conditions: 1. The owner/developer shall comply with the submitted elevations {home and office) attached in Exhibit C. 2. If the existing home on Lot 10, Block 2 remains it shall be connected to City water and sewer service, per MCC 9-1-4 and 9-4-8 with the first phase of development including the abandonment of any well and septic system. 3. Future development of the office lots shallr comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 4. Across-access/ingress-egress easement shall be granted to the property to the south (parcel # 85915720012) through Lat I0, Block 1 in accord with UDC 11-3A-3A. Further, cross access shall be granted between lots 11 and 12, Block as proposed. A recorded copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for the site or a note added to the face of the plat that references the recorded cross access agreement. 5. The owner/developer shall provide a mininnurn of 16,433 open space far the residential portion of the development as proposed. Common Lot 3, Block 2 and Cotninon Lot 2, Block, excluding the portion of the gravel access road within said common lots, shall be DEVELOPMENT AGREEMENT -- JACK'S PLACE SUBDIV ISION (AZ I3-006) PAGE 3 OF 9 landscaped with Iawn and a mix of shrubs and ar other ve etative round cover. The g S ownerldeveloper's landscape architect shall submit a plant materials list to NMID for review. 6. COMPLIANCE PERIODICONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Develaper orOwner/ Developer's heirs, successors, assigns, to comply with Section 5 entitled "conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the Ciry has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, ar any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Ownerl Developer's default of this Agreement, Owner/Develaper 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 hluidred eighty (1$0) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred. eighty (1$0) day period, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by OwnerlDeveloper that is not cured after notice as described in Section 7.2, OwnerlDeveloper shaIl bedeemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer 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 the City or OwnerlDeveloper, or byany successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.a Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are DEVELOPMENT AGREEMENT ---JACK'S PLACE Si1BDIVISION (AZ 13-OQ6) Pace 4 OF 9 beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7. S Waiver. A waiver by City of any default by Owner/Develaper 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. S. INSPECTION: OwnerlDeveloper 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. ~. DEFAULT: 9.1 In the event OwneriDeveloper, or Owners/Developer's heirs, successors, assigns, or subsequent owners ofthe Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by OwneriDeveloper ofany one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such ar other covenants and conditions. 10. REQUIREMENT FOR RECORDATiUN: City shall record either a memorandum of this Agreement ax this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer,prior tothe third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. Tf for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Froperty as specified herein. DEVELQPMENT AGREEMENT-BACK'S PLACE SUBDIVISION {AZ 13-046) PAGE 5 OF 9 12. SURETY OF PERFORMANCE: The City may also require surety bands, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner! Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that na Certificates of Occupancy will be issued until all improvements are completed, unless the City and OwnerlDeveloperhos entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions pf Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. 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 ar certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Glerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: John Bartlett lOS E. Edmonds Court Meridian, Idaho 83642 15.1 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. 16, 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 sha11 survive any default, termination or forfeiture of this Agreement, DEVELOPMENT AGREEMENT- JACK'S PLACE SUBDIVISION (AZ I3-OQ6) PAGE 6 OF 9 17. TIME IS OF THE ESSENCE: The parties hexeta 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. 18. 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 OwnerlDeveloper 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 OwnerlDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner(Developer has fully performed its obligations under this Agreement. i 9. 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 Agreemen# and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets Earth ail promises, inducements, agreements, condition and understandings between OwnerlDeveloper and City relative to the subject matter hereof, and there are na promises, agreements, conditions or understanding, either oral or written, express or implied, between OwnerlDeveloper 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 ar their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance ar resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. 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 Glerk. DEVELOPMENT AGREEMENT--SACK'S PLACE SUBDIVISION (AZ 13-006} PAGE 7 OF 9 ACKNOWLEDGMENT ]N WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabave provided. OWNER/DEVELOPER: k J Bartlett CITY OF MERIDIAN Mayor T de Weerd ATTEST: City of Holman, City Clerk ;, .~ S~ ~. er~b~ D~V~LOPME?NTAGREBMENT-JACK'SPZ,ACESUBDIVISLON{AZ 13-006) I'AGI~ $ 0~ 9 ~~ STATE QF IDAHO, ) . ss County of Ada ) On this ~~ day of -sat-G~.> ,,~413, re me, the undersigned, a Notary Public in and for said State, personall appeared Johd"Bartlettciiown orider~tified 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. Tf~INA NISHITANI NpTA'~Y PUBLIC STATE QP lDAH4 STATE OF IDAI~O ) County of Ada ss Notary Public r Idaho Residing at: !El ,,,.l~,t.~,d My Commission Expires: Er ~ /"Sr Qn this~~_ day of ~~~{-per Q ,,,~- . , ~~13, befoxe me, aNotary Public, personally appeared Tammy de Vi7eerd and Jaycee Y,. Holman, la~ow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instt'ument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNES 5 WHEREOF, Z have hereunto set any hand and affixed mty af~icial seal the day and year in this certificate first above written. (SEAL) R~pS• N Public for Idaho Residing at: _1~(e.~-rr~ ca-r-t [ t~` Commission expires: ,,,,}a ~., ~ ~ ~ c c.~ DEVEI,OI'MEN1' AG1tLEMENT -JACK'S PLACE SUBpIVISION {AZ 13-406} PAGE 9 OP 9 EXHI$ITA Legal Dt:scrtptlon .~. AW~'00t:1~ l.t1r1/~I ~UI'VQyI fl~r EI.G F1Eiti t31p41. ~~ ,r- '~.,.. Prt2flel30s•B+~tP:{2Q$f39D•Dt0} J~~y ~ 1 x~f3 Pnr w. fy,,~~ sr. t:~tt. ~ 8s~t ~ c~r:~~otAnf Pva3i.t~ Lt3gel Dd~sctlption W(7Rt(S DEPT: for J~dt's Plaae Subdtvttifolt Cornmercittt Lots ~n~y a2, saga At~tetot p pa+~ 0t tdt 7 or t;dmnadY ~ubdlvialan, a6 t;tfoSbA fn Baak 33 of Pta1a, PepeEM 20592069, Ada County Ft~9cordn, wllhln [3avetnn3enl tat 3 MSadfGn 1B 7'. 3 int. lt. 1 ~.. B.M., ~Caunip, ragh~ chore Aartic~ady ttarcdeae ea tolwwa: ~+OtR4arldlAif, Ads Gotrnnvnalny at a tau~ulaluatktunc~ap. marklnp iht~ V!t 1tA tarnetOt sekt 8!aot~on 7G, ~nae ~O ~~YIO Uia co Igrir~na Inytane0flan attNsrlat;n Raad srSd ~. Et1111Dnd8 priYe! a Qet'tsa Point att9epknirt~; Tn4nao 8aulh 6$'49'34'Last,.oatnc7dant w~ raid centaNY~a of C. Edmanda Dt1Va, 80$74 lest; 'Iifanp0 t3epth 0'02'x9' YYeat, 9t14,flf t46t to th4 beQtnn[ng afa iat~ni CeWe; Then¢e 3d.y9 G4atalong the afro of said t:utve to the feR with 8 tertf<al amgio Mal;'6642 ; s r$dtutF cf 60.00 tael, subtdndod by 8 ohwd tieat~p South tp•6300" Ea9t, 34.07 roar; =1eanCO South X50`1 t'39` Walt. 46.80 feQ1; Tnanpa Sctullt p'S8'OD" West, t 1$,2D fret la the south Ilne of tot 7 of t3datandt Suhdwleton; That iVatth 89.88'01" tNe~at+C~?lnoklant wllh rho 4pufh Ong pte~~ Oat 7 of EdmBndl~ $4ttiiNialon, t8g;02 test to eaulhwaat oornar aleetd t3ovanunet~ t_at 3; 5honao t9oeth 0`68'09'tiaet, cohtCidorei wfih r,etd Wie4t 11th of Qavammeat tot 3, a dPotanc{a of X6.06 feet !o fha Paine of 8apieninQ; i'hn att4va datcitbsd pefoaf alnteleF 9.y1 sass, rnara ottesa P.i2Q13113022•JAU!{S PtAGE SUB ~ gAVE YtJf~N6R1t1rawinD~hasdlptbnsti1s023~i141MERCfAt RSV $-7x- 13-docx Pegg 11 deck's lquce Se~hdirision-llZ-I3=f106 & EXHIBIT A 9~wta~atft lend 5unreyttt~, ~1.~ _-, ~': i2081398~t)it3f F: t2Dpa99a.$rog $07 w. ~+-Am 56. liramecs, ID a36 i r taper pascttpti9a r~ dec9t's ~tar.~ snirdltrasian a~~erii~t,t ~ May~~, Zo~a AE PROVAI., ~Y JIfN i 1 Z~f3 ~~tQ~~ ~usuc waRafs ~~r A roptai qt>F portion Ot t.017 of ErlrhwTda t3uhdtVirlon, as ~t10Wl1 In 190e1t3~ of Pmts, WRes xUAO 2081, Ads County ttsCCxde, WIIhiA Q6vllnmtiflttal3 o/Saiati0h 10.1: 9 tV„ R,1 ti„ ii.tH., CAY ofNte~vR Arta Caartty, tda~ha, mat0 pstlkulartY deard~bad as inlruwa: Commenclnp Ot ~ found atutninum cap, rnaiktng the W ild comer otaekt sa+cUcn 10, 1'tienca youth O'tfe'09" blast, eolnVYd4nt With the west irne of saW iaavernmQni tat 3 of ~ectbn {9, a dietanae Of 982,b2 feet; Ttien~ 90uth hB`60'94' Fast. 3A8,7A foot tO the PAtnt oltSaOtnrdere: 7henoe cdnhntdrrQ ~auth $4'S9~+t' i:rist. 1Sta,Q2 tae; 7henoe 8aulh tl9'S0'6B'last. 2i5.'JO tact M the de0ierdng et8 ~8antcurve; Thence bO.OI teal elunp the aro of said curve to P-a tat}, Wkh a aen~pl dnOta at'3S'~tt'aa : a taQlue~a[ TOO.OO feet, sub!lnded Ey b chord b>xerk~p htetth 71.22'20;` 1~tat, t1e.19 fast Thanoe ~autb 50';E8'i8"last,1a.25fa~t; Tnenoa SouTA 0'02 r weak 357:33 teat to the arlOth Irne at old aowmmant Lot 3: Th@At+aa Hodi189'6>i9t°tlWat, +COk+el7rZnt Wit7t veld souttf ItR! orGtovarr+nwnt Lot 8. a dialatxe ot.d$2.40 fast; fiance stotth p'88'Og' ~St, t tB,Zd te0h Thonce tJarih !Sb'{y'39" ~GUaG +1tid8 feet to the b@pinnlr~ W a nOn-tart4ent curve, fee. as~btended 0}' s ct1 fltd ~ah~ng Ne~h @'~830+o0'~1Noit~, 8q 41 j~~ npla o139'Sp'g2 : o rpolw of 60.Qtf 1'henoa North O•C2'2t" Ea~,184,Bt ~kei t0 the PaJnk OtJla~tRgteig; The {+bot-e d06cribatf parcel gpntal~ 5,89 sore!. more ar fe:a+. ToOaihar Mdlh and 3ubj4ct t0 cnuenenla, aaa~rneUtdtanK of n.nrsM t':t20151 t30xZ.SgG!(g P[.ACI SU9 • IitAVB 13.dgcor pega t1 REV 5-~2- Jnck's Plaac Subdivision -- AZ-13-Ot1G CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDR IAN;- ~J In the Matter of the Request for Annexation of 5.34 Acres with the L-O (L71 Acres) and R $ (3.63 Acres) Zoning Districts AND Preliminary Plat Consisting of Three (3) Office Lots, Twenty (2d) Single-Family Residential Building Lots and Three (3) Common Lots on 4.52 Acres for Jack's Race Subdivision, Located on the East Side of N. Meridian Road; Approximately a'/a Mile North of E. Victory Road, by Jack's and Jesse Piace, LLC. Case No(s). AZ-13-00&; PP-13-Old For the City Council Flearing Date of: August 20, 2413 (Findings on September 3, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by reference} 2. Process Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by reference} 3. Application and Property Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report far the hearing date of August 20, 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 I I Meridian City Code, and all current zoning maps tlrereo£ 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. Tl-e conditions shall be reviewable ray the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comments}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 pxoposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITX OF MB,RIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). AZ-13-006 & PP-13-OI4 -1- b. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 24, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and preliminary plat is hereby approved per the conditions of approval in the attached Staff Report far the hearing date of August 20, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two {2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A}. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable mam~er, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC I 1-6B-7B}. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (Z) years. Additional time extensions up to two (2) years as determined and approved by the City Council maybe granted. With alt extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the crtirrent provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does n.ot receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two {2}Year Development Agreement Duration The development agreement shall be signed by the property owner and retulYied to the Ciiy within two (2) years of the City Council granting annexation andlor rezone (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by ail parties andlor may be requested to extend the time allowed for the agreement C to be signed and ret<~rned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). A.Z-13-005 & PP-13-OIO -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code b7-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight {28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 array 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 S2, Title G7, Idaho Code. F. Attacked: Staff Report for the hearing date of August 20, 2013 CITY OF IVIERIDIAN F1ND11VGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A~13-006 & PP-13-OIO -3- f C' By action of the City Council at its regular meeting held on the day of ~ ~ 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD {TIE BREAKER) de Weexd ~gp,'YiSn AU~L Attest: ~a srl $~~ 'o 1 _ ...„~ d ..~ City of Jaycee I$~man, City W SEAI!_, '' v~ w~P VOTED VOTED VOTED VOTED__C VOTED `~~ lr~e TAE+~S~~v Copy served upon Applicant, The Planning Went, Public Works Departtrjent and City Attorney. By ~~'~ Dated: ~ ` ~ ~ { City Cl k Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-005 8c PP-I3-010 -4- EXHIBIT A STAFF REPORT Hearing Date: August 20, 2013 TO: Mayor and City Council FROM: B91I Parsons, Associate City Planner 208-884-SS33 SUBJECT: AZ-13-00& and PP-13-010 -Jack's Place E IDIAI`~~ 3 i? r ~ ;-i ti;;i I. SUMMARY DESCRIl'TION OF APPLICANT'S REQUEST The applicant has applied for annexation and zoning (AZ} of 5.34 acres of land from RUT in Ada County to the L-O {Limited Office){1,71 acres) and R-8 (Medium Density Residential){3.63 acres) zoning districts. A preliminary plat {PP} is also proposed consisting of three {3) office lots, twenty {20)single-family detached residential building lots and three (3) common area lots on approximately 4.52 acres of land in the proposed L-O and R-8 zoning districts for Jack's Place Subdivision, The existing home on LotIO, Black 2 will remain as part of the subdivision. See Section IX of the staff' reportfor more information. II. SUMMARY RECOMMENDATION Staff recanunends approval of the annexation (AZ} and preliminary plat {PP} with the conditions of approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibi# D. The Meridian Planning and Zoning Commission heard these items on June 20, ar+d July 18.2013. A_t the nubIic hearing, the Commission voted to recommend approval of the subject AZ and PP requests, a. Summary of Commission Public Hearing;_ i. In favor: Dave Yorgason and David Turner ii. In opposition: None iii. Commenting: Kent Brown iv. Written tesfimony: Dave Yorgason v. Staff presenting application: Bill Parsons and Justin Lucas vi. Other staff commenting on application: None b, Kev Issue(s). of Discussion by Commission: i. Crass access to the Mussell Corner property. ii. Viable buildable lots along the south boundary due to the lame NMYD irrigation easement and topography. iii. Common lot versus easement on the southern boundary to assign maintenance iv. Future property owner's paying taxes on property that cannot be improved as part of the buildable lot. c. Kev Commission Change(s) to Staff Recommendation:, i. Commission approved the NMID facility as an easement on the buildable lots along the south boundary with the requirement that the HOA maintain the NMID access area; exclusive of the fencing and Iandscaping installed on the buildable lots. ii. Commission removed the requirement for the 5-foot wide micropath through the iii. Updated the open space square footaEes to reflect revised plat. d. Outstandin Issues for Ci Council: Jack's Place SuUdivision-AZ-I3-OOb & PP-13-010 PAGE 1 EX.F-IIBIT A i. None ~.,. Su~v of Citv ConnciiPublic Hearitz~: ~ ~i1~.favor: Dave Yor~ason ih. ~Annsifion: None aja, Commeniin~: None jam, Written testimony: Tfave Yor~ason y,, ilI Parco yy, Other staff commentht~i isation: None ~_ f Di c n 1~ ~~ c Key Council Cha_n~e~to Staff/ om iccion Recommendation _ ~, None _ III. PROPOSED MOTION Approval After considering alI staff, applicant and public testimony, I move to approve File Numbers AZ- 13- 006 and PP-13-010, as presented in the staff report for the hearing date of August 20, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-006 ( and PP-13-010, as presented during the hearing on August 20, 2013, for the following reasons; (You `. should state specific reasons fox denial) Continuance I move to continue File Numbers AZ-13-006 and PP-13-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) far continuance,) IV. APPLICATION AND PROPERTY FACTS A. Site AddresslLacation: (Parcel #82114050305) The site is located on the east side of S. Meridian Road; north of E. Victory Road in the southwest'/~ of Section 19, Township 3 North, Range 1 East. B. Applicant/Owner{s): Jahn B artlett 105 E. Edmonds Court Meridian, ID $3b42 C. Representative; Dave Yorgason, Tall Timber Consulting, LLC 14254 W. Battenberg Drive Boise, Idaho 83713 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with lack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 2 EXHIBIT A Meridian City Code Title 11, Chapter 5. B. Nei~vspaper notifications published on: June 3, and 17, 2013(Commission); July 29 and August 12, 2013 (Council) C. Notices mailed to property owners within 300 feet on: May 23, 20I3(Commission}; July 25, 2013 (Council) D. Applicant posted notice on site(s) on: June 10, 2013 (Commission); Au~nst 10, 2013 {Cauncil~ VI. LAND USE A. Existing Land Use(s): This property is developed with a county residence and several outbuildings. The proposed plat indicates that the existing home will remain on a lot and black in the proposed subdivision. B. Character of Surrounding Area anal Adjacent Land Use and Zoning: North: Veterinary Clznic and Larkspur Subdivision No. 5, zoned L-O and R-8 South: Bitterbrush Point Subdivisiatt and commercial property, zoned R-4 and C-G East: Fttture Larkspur Subdivision No. 4, zoned R-8 West: Church and Meridian Road {SH 64}, zoned GG C. History of Previous Actions: In 20I2, the City approved a Comprehensive Plan Map Amendment {CPAM-12-006) that changed the land use designation on the property from low density residential (LDR) to off-ice and ntedium density residential (MDR) land use designations. D. Utilities: a. Location of sewer: Sanitary sewer to serve the subject site is available in E. Edmonds Court. b. Location of water: Dotnestic water to serve the subject site is available in E. Edmonds Court, and will be available in the newly constructed Larkspur Subdivision No.d to the east. c. Issues or concerns: None E. Physical Features: 1. CanalslDitches Irrigation; The Kennedy Lateral runs along the southern and near the eastern boundary of the property. The portion of the lateral along the southern boundary is tiled and impacts the proposed rear yards of the buildable lots and possibly the aesthetics of the development. 2. Hazards: Noted above. 3. p'lood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Office and Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (PLUM). ~fflce designations are meant to provide opportunities far low- impact business areas. Sample uses include off ce, technology and resource centers and ancillary commercial uses if part of a larger business park area. The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. Jack's Place Subdivision - A,Z-I3-006 8c PP-13-010 PACrE 3 EXHIBIT A The proposed preliminary plat includes three (3} office lots and twenty (20} single-family Lots on approximately 4.52 acres. The small office complex is meant to buffer the future single family homes from SH 69 and the mote intense commercial development to the south. The zesidenfial portion of the development has a gross density of 4.44 units to the acre consistent with both MDR land use designation and UDC density requirements of the requested R-8 zone. Further comparison reveals the subject property is ei#her surrounded by properties designated office or developing with medium density residential, zoned R-8. The properties to the east and north are developing with densities consistent with the proposed subdivision. Becaase this property and the surrounding properties are designated with similar land uses and the underlying zoning coincides with the designated land uses, staff finds that the requested zoning and proposed plat comply with the Comprehensive Plan. Staff also finds the following Comprehensive Plan policies to be applicab]e to this application and the proposed use of this property (staff analysis in italics}: • Require that development projects have planned for the provision of all public services. (b.42.01B, Chapter 6, page 84) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: - The lands are currently being serviced by the .Meridian Fire Department (MFD). - The lands are currently being serviced by the Meridian Police Departrnenf (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. Municipal, fee-supported, services are available from the Meridian Building Department, the Meridian Public Works Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Republic Services. • Require usable open space to be incorporated into new residential subdivision plats{3.07.02A, Chapter 3, page 55} Since the plat is under the S acre minimum, the UDC does not require compliance with the common open space and site amenity standards set forth UDC 11-3G. However, the Kennedy Lateral runs through the proposed development and impacts the property near the eastern and southern boundaries. A majority of this area will be platted as common lots. Staff recommends that these common lots be enhanced by constructing a 5 foot wide asphalt walkway through the common lots {can we call out lot a block). Further, the Lateral impacts the buildable area on Lots 3-9, Block 1. Staff recommends this area be included as a common lot sa the required irrigation easement area is adegarately maintained by the HOA. The recommended asphalt walkway could be extended along of the back of the tats 3-9, Block 1 (south boundary) to provide connectivity to the pathway required along Meridian Road, the future oj~ce park and the adjacent commercial development to the south. Further, the submitted landscape plan does not call-out what plant materials are proposed for the common lots that contain the tiled waterway. The applicant should work with the irrigation district and accepted plant list so that these areas can be landscaped to enhance the quality of the development. Jack's Place Subdivision - AZ-13-Q06 & PP-13-O1o PAGE 4 EXHIBIT A • Provide a walkable community through good design (Chapter 2, page 13}. See analysis above. + Support a variety of residential categories (tow-, medium-, medium-high and high-density single- faznily, multi-family, townhouses, duplexes, apartments, condominiums, etc.} for the purpose of providing the City with a range of affordable housing opportunities {Chapter 3, page 54). The proposed plat is intended to be an extension of the surrounding Larkspur Subdivision. The surrounding area is developed with a rnix of larger single family lots and transition to smaller single family lots. Based on the lots sizes and the density developed in the vicinity, staff is of the opinion the requested R-8 zone allows far a mix of housing options within this area of Merzdian. • Permit new development where urban services can be reasonably provided at the time of final approval and development is continuous to the City (Chapter 3, page 45). City services must be extended by the developer. Since the existing home may remain and be part of the development, it must connect to city services as well. Currently, water and sewer as available to serve the property. • Require appropriate landscaping and buffers along transportation corridors {setbacks, vegetation, row walls, berms, etc.} (Chapter 3, page 54}. Street buffer landscaping is required adjacent to Meridian Road and the future local street adjacent to the office complex in accord with the standards listed in UDC 11-3B-7C. Further, a 20 foot wide landscape buffer is required between the ofjce uses and the residential uses in accord with the standards listed in UDC XI-3B-9C Fencing shall comply with the standards listed in UDC 11-3A-7. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter 3, page 48). ~I stub street is provided along the eastern boundary of the property. The submitted plat indicates this stub street will be extended to provide access to the proposed oj~ce park and the residential lots. Edmonds Court will continue to serve as the primary local street access for the existing residence which provides an outlet to Meridian Road as well. No direct lot access to Meridian Read is planned for this property, consistent with the standa~ ds set forth in UDC 11-3H-4. • Regture screening and buffering of commercial and industrial properties to residential use with transitional zoning (Chapter 3, page 53}. The office designation is proposed to provide a transition between SH 69 and the commercial property to the south. Typically, an office complex develops with a mix of lower intense commercial uses thus providing a transition between commercial and future residential uses. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.Q3.Q2N, Chapter 3, page 48). The ajfice portion of the development abuts commercial development at the south boundary. Since access is limited adjacent to SH 69, staff is of the opinion the crass access should be granted to the southern commercial development. This would require a smaller oj~ce foot print on Lot I d, Block 1. ,lf cross access is granted, staff believes internal connectivity would increase as well as restrict the need for further access to Meridian Road when the commercial property to the south redevelops. leek's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 5 EXHIBIT A For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones}: LIMITED OFFICE DISTRICT (L-O) -The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of caznmercial structures accommnodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. MEDIUM- DENSITY RESIDENTIAL DISTRICT (R-8}: -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 6y the allowable density of dwelling units pex acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Table 11-2B-2 lists the principal permitted {P}, accessory {A), conditional (C), and prohibited (-) uses in the L-O zone. Table 11-2A-21ists the principal permitted {P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 and UDC 11-2A-6 for the L-O and R 8 zoning districts. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablel 1-28-3 and UDC 11-3B-7C for the L-O zoning district. Parking lot landscaping: All parking tat landscaping shall comply with the standards listed in UDC 11-3B-&C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-GC-3. li. Off-Street Parking: Off-street parking is required in accord with UDC Tabla 11-3C-G for single- family dwellings and UDC 11-3C-GB for the office pack. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNE~CA,TZON (AZ): The applicant has applied to annax and zone 5.34 acres of land from RUT in Ada County to the L-O (Limited Offzce)(1.71 acres} and R-8 {Medium Density Residential)(3.b3 acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designation of Office and MDR. A pxeliminary plat for a small office park and asingle-family residential development is also proposed with the annexation request. Conceptual building elevations for the residential Names and the office buildings are shown in Exhibit A.4. Further discussion on the elevations is provided below. The annexation Legal description submitted by the applicant, included in Exhibit G, shows the boundary of the property proposed to be annexed and zoned contiguous to the existing boundary of the City of Meridian and within the Area of City Impact boundary. Jack's Place Subdivision -- AZ-13-DD6 & PP-13-010 PAGE G EXHIBIT A Development Agreement: The City may require a development agreement {DA) in conjunction with an annexation pursuant to ldaha Code section 67-6511A. To enst~te the site develops consistent with the Comprehensive Plan, the preliminary plat, and conceptual building elevations, staff recommends a DA as a provision of annexation in accord with the provisions included in Exhibit B. PRELIMINARY PLAT (PP}; The proposed preliminary plat consists of three (3} office lots, twenty {20} residential lots and three {3) common lots on approximately 4.52 acres of land in the proposed L-O and R-$ zoning districts. The proposed gross density for the residential portion of the subdivision is 4.44 dwelling units per acre is consistent with the proposed R-$ zoning district. Phasing 1Plan: The proposed project will develop in two phases. The first phase will be the residential portion of development; followed by the office park. Staff is supportive of the proposed phasing plan. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 and UDC I1-2B-3for the R 8 and L-O zoning districts. Since the L-0 Lots are not required to meet a minimum lot size the proposed office lots meet the dimensional standards of the L-O zone. Per UDC Table 11-2B-3, a 35-foot wide landscape buffer is required adjacent to Meridian Road {SH69}, a 20-foot wide landscape buffer is required adjacent to the residential uses and a l0-foot wide landscape buffer is required adjacent to S. Bartlett Avenue. The submitted plat complies with the aforementioned dimensional standards. Future development of these lots will be reviewed with. future certificate of zoning compliance applications. The twenty (20) residential lots must comport to the R-$ dimensional standards set forth in UDC 11-2A-6. After reviewing the submitted plat all of the lots appear to comport with C these standards. However, several of the buildable lots {Lots 3-9, Block 1} along the southern boundary are impac#ed by a 55-foot wide )Kennedy Lateral easement that may affect the buildable area of the lots. In the applicant' narrative they contend that the homes submitted with the application will fit on the proposed lots along this boundary. Staff recognizes the design constraints for this portion of the proposed development but feels that the applicant should provide, at the public hearing, same assurance that these are viable lots (e.g, _ an exhibit showing how structures could be situated on these lots and what size footprint is available en these lots}. Irrigation Easement: An existing irrigation easement (SS feet wide and not entirely on this property) in favor of the Nampa Meridian lrrigation District (NMID) Funs along the vast maj oxity of south boundary and near the east boundary. A portion of the easement near the east boundary will be contained in common lots (Lot 3, Block 2 and Lot 2, Block 1} maintained by the homeowner's association and has minimal impact on the adjacent buildable lots. However, the southern portion of the easement affects seven buildable lots (Lots 3-9, Block 1). In the narrative from the applicant, they confirmed a meeting with NM1D to discuss the requirements of the District. Based on these conversations, some encroachment into the easement area may be allowed through a license agreement however, NMID requires the applicant to maintain an 18- foot gravel access road along the backside of the buildable lots without any fencing blacking access. Staff has not received comments from the District regarding the submitted application. As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the applicant is able to obtain a license agreement from the irrigation district to develop a portion of the easement area with fencing and landscaping. If the license agreement is not attained, and the plat is approved as proposed, the future homeowners will be unable to fence-off a portion their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part Jack's Place Subdivision - AZ-13-006 & PP-] 3-010 PAGE 7 EXHIBIT A of their property. Further, the future homeowners will be paying taxes on property thafi they cannot customize as their own. To avoid this staff recommends that 20 feet (measured from the existing fence along the south boundary of the site} of the easement area {access road} be placed into a common lot so that the maintenance road required by the irrigation district along the south boundary would be owned and maintained by the HUA xather than separate property owners. NOTE: If the license agreement allowing encroachment into the irrigation easement is not obtained, the applicant will have to redesign their plat to create the recommended cornman lot and ensure the lots along the southern boundary comport to the R-8 di,nensianal standards. It appears the applicant would lose a buildable lot if a common lot is required as recommended by staff. The applicant could design these lots with shared driveways which allow the applicant to reduce the lot frontages of these lets to 40 feet with a minimum 4,000 square foot Iot. Access: As mentioned above, an existing stub street is provided along the east boundary of the subdivision. This roadway will be extended with the development of the site. Further, Edmonds Court is an existing street that provides a Meridian Road access and access far six (6) lots. Staff is supportive of the public street access far the residential portion of the development. The office portion of the development will also take access from a lacaI street {W. Barlett Avenue). The submitted plat shows that several of the lots will take advantage of cross access (Lots 11 and 12, BIock 1}. During the CI'AM public hearing, Council raised the question regarding cross access with the Mussell Corner Subdivision which abuts the office park on the south boundary. Currently, the Mussell Corner development has been granted a temporary access to Meridian Road until the nursery redevelops; then this access must be closed. Council was concerned that the parcel developed with the nursery would be land locked and request a variance for an access to Meridian Road. However, this parcel has been granted cross access with other parcels platted with the Mussell Corner Subdivision. To ensure another access point is not requested along Meridian Road, staff recommends the applicant redesign a portion of the office park and grant cross access the to the Mussell Corner properly to the south. If cross access is granted, staff believes internal connectivity would be enhanced and future access to Meridian Road would be unnecessary when the commercial property to the south redevelops. Access to the office park must comply with the access to street standards set forth in UDC 11-3A-3. With the development of Lot 10, BlocIc 1{CZC}, the recorded cross access agreement must be submitted. Further, the cross access agreement should also address crass access between Lots 11 and 12, Block 1. If the applicant complies with the recommended condition, staff is supportive of the internal connectivity. Existing Structures: As mentioned above, an existing home will remain on Lot 10, Block 2. If the home is to remain, city ordinance requires connection to uxban services (water anal sewer}. Further, several outbuildings span several of the proposed buildable lots. The outbuildings must be removed from the property since there is no primary use associated with it and they do not comport with the R-$ setbacks. Staff recommends the applicant remove the existing outbuildings and connects the existing home, located on Lot 10, BIock 2, to urban services (sewer and water) in accordance wifh Meridian City Code Titles 9-1-4 and 4-4-$. The existing well and septic system must also be abandoned. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. The landscape plan is deficient the required 35-foot wide landscape buffer adjacent to Meridxazr ( Raad and the l0-foot wide landscape buffer adjacent to S. Bartle#t Avenue. The street buffer Jack's Place Subdivision - AZ-13-OOb & PP-13-010 PAGE 8 EXHIBIT A landscaping is required to be installed in accord with UDC I1-3B-7C. In addition, the UDC requires a 20-foot wide landscape buffer between office and residential uses. The submitted plat complies with the required buffer width however the landscape plan does not provide details of the required plant materials. The landscape buffers are required to be installed in accord with UDC I 1-3B-9C. Open Space and Amenities: Since the plat is under the S acre minimum, the UDC does not require compliance with the common open space and site amenity standards set forth UDG 11-3G. However, the Kennedy Lateral runs through the proposed development and impacts the property near the eastern and southern boundaries. A majority of this area will be platted as common lots {Lot 3, Block 2 and Lot 2, Block 1). Staff recommends that these common lots could be enhanced by constructing a 5-foot wide asphalt walkway through the common lots. Further, the Lateral impacts the buildable area on Lots 3-9, Block 1. If these areas are included in a common lot and maintained by the HOA {as described above) then the asphalt waltiway could also be extended along of the back of the lots {south boundary) to provide connectivity to the pathvvay required along Meridian Road, the future office parlt and the adjacent commercial development to the south. Further, the submitted landscape plan does not call-out what plant materials are proposed for the common Pots that will contain the tiled waterway. The applicant should work with the irrigation district on accepted plant list so that These areas can be landscaped to enhance the quality of the development. Waterways; Asper UDC 11-3A-6, aII irrigation ditches, laterals or canals, exclusive ofnatural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The Kennedy Lateral runs along the southern portion and near ~ the eastern boundary of this site. The lateral has been piped on the south side and the exposed lateral near the east boundary must be piped unless waived by City Council. Existing Trees: There are a lot of existing trees an the property that may need to be removed with the development of the property. The submitted landscape plan states tree mitigation is not required. The applicant should pxotect all existing trees on the site that are greater than four-inch caliper and/ox mitigate fox the Ions of such trees as set forth in UDC I 1-3B-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement ofthe total calipers lost on site up to an amouuZt of l OQ% replacement. With the submittal of the final plat the applicant should submit a revised landscape plan that details the mitigation plan ontlined by the developer and the City Arbarist. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year xaund souxce of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: The applicant is proposing 6-foot solid fencing for the proposed development. Fence materials have not been specified. Where the buildable lots abut common fiats {Lots 3 and 7, Block 2 and Lot 2, Block I ), fencing must either be 4-foot solid or 6-foot open vision. If the common lot is required along the southern boundary as recommend by staff than the same fencing requirements apply. All fencing must comply with the fencing standards outlined in UDC t 1-3A-7. Jack's Place Subdivision -- AZ-13-006 & PP-13-010 PAGE 9 EXH~BTT A Building Elevations: The applicant has submitted sample elevations to depict the style of homes and the office buildings planned for the proposed subdivision. The proposed homes depict a mix of building materials (]ap siding, cedar shake siding, and board and batten siding}, decorative trusses, decorative corbels and stave wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. The office elevations incorporate a stucco finish, stone wainscot, variations in roof form, decorative covered entries, exposed timber trusses and modulation in the wall planes. Staff is supportive of the proposed office buildings materials and design features. A recommended DA provision requires compliance with the submitted building elevations. Certificate of Zoning Compliance (CZC}: A CZC application is required to be submitted, prior to issuance of building permits, far any of the office lots. Design Review {DES}: The applicant is required to obtain approval of a Design Review application for the proposed structures and site design for the office park. This application tray be submitted concui7ently with the CZC application.. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary, Staff recommends approval of the proposed annexation and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. DrawingslOther I. Vicinity Map 2. Proposed Preliminary Plat and Grading Plans (dated: ~~-~ 06127/I3) {REVISED) 3. Proposed Landscape PIan (dated: 05!14(13} 4. Proposed Building Elevations {Single family homes and Office) B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Jack's Piace Subdivision-AZ-13-OOb & PP~13-010 PAGE to EXHIBIT A A. Drawings 1. Vicinity Map lock's Place Subdivision - AZ~13-006 & PP-13-410 PAGE 11 EXHIBIT A 2. Proposed Preiin~inary Plat and Grading Plans (dated: ~ 06127/13) (REVISED) II . M Y,:. ' .K.k.~~. 4 NYI.fF-~v i ii: {a:~ >~.e _ Kw ~~.'s' ~~. ~ ;i~~-~w~~= - I ~~ 7iriZr i u~~~ V h^y1-~iy' . ~ it { ~~~]7~~,~0'~ .I. s t / J I { 1 H'~~r/ f O. r 's~t l1 ~ l ~ ~ ~I~,.m k~ ~ '~f .:ca~ d.,. ~q•w ~~~ui :r w 1 ~n~ f annNOVAnY a!~nr snoauc JACK'S PLACE SUBDIVISION q wc~ttD !x n+e scun~xTsi ~M Dr sECnoa !9, ..;~ j~ f.JU., 0.1E.. B. u,. 1 kEA!DIAN. AOF CWi17Y. IDAHO ~- .. w. ~. ,,. ~ ...~ .. a. w : ~ ;~9....~~ .~. - _ - _ ... y ~ `-- --- _. ., r ~.. tea ±,, ..;u+.-. ~-:..,., ,~o. .~ • ~: d ::L's.. ~~;• { ~. ~' 1~ 7 icy ~~ i.t~ -n ~,~ ~~-~~ .. .,,~ nu.rr ~.p ~~.. -•- ~. _-4-- ~_ ~a~ra~~0~ki15Y31fMI fe~~ {j~~.h~~ ~~ ~i 5 Ib7S7 mrl~.u ~n ca'.wirrmv nLln V ~ ~i 1~~R~a~~~~~Kb u~+w~F ~ Ni~flti VN ~ 6 J ~.~~i f ~ I~ wW M~Ve a d o t \ ~I.F aYrtb p'ti~aic ~n v.w fnv YK g c } f ,a en~wnn kua~.auv~ra+ r TW .~,e mt~a,.n k.r.kn a. u+u .~_~..,.a.w„,~..,,n.~,.e.n.,,n,....~, ,~ , ~ . ... ~. ..._ J ... .. .. . ... .... ... .. ..... ~~ ~ ~: 1 ~.. . _ ' ' i . •% e ~ ~ 1 _~ .. 1 ~, \ ~.. ~__ .a \, we j a5 1 tc ti t t, a __.._..: !- L - . T. ~'! ! ~y F • I! ~ ~ '~ S ~ ~ ,~ rv: ~ ! : ~ ~ ~~ j. i ~~i ~ _ ~ ,~. .. i++ ._. Jam,. ..-..~t~~~-~~ ~d~%~ciGa" ~ .u ~ ~ ',v_ .~~~ ~' `~ ..,r~ lack's Place Subdivision-AZ-13-006 & PP-13-010 PACrE 12 EXHIBIT A lack's Place Subdivision-AZ-13-006 & PP-13-Q10 PAGE 13 EXHIBIT A 3. Pxoposed Landscape Plan (dated: 05114/13) pRECYfJ.yFRY Pi f.T SHO'+AVG JAGK'S PLAGE SUBDIVISION t0[iTf~ ly 7HE 504f41NESi 1/1 CF SECHDA 4A, u ae TSV., R.IL, D,N.. k6N4JIN1, tAti 601V1TT. IGntN . `~ VICldfY MAP PLANT HCFEVULB °'"" nr. sv f,w~ o..w ~~..... ~w~wfs ewf ' .. a~w ~.. .~~.'•' own ~~~~i~'~-n, ~tlwnr~ ~_ ~~ ~ 'nom' ~:~~"= xx^~.~_ ~~ ~~ ~~~~ ~ ~amna~v .anmum.~ LEOR7D• Tfr~~a~tfw rca. pr.r -....• a~~ad.nfe<.v~aows rrf mu PRELMINARY DEVELOPMQIT FEATi1RE9 w`m+~n icl.~ow~ n~i• f•.~ffi ~a~a ~Nfvf~q•r•ws LAHOBdAPE _OLILAJION_~,• .fWV~FAL .MO••f FAT f'~ m~sfacn>~aaac>m:eu~ W. f®tsa nsef •ww ,~ n16 . ovnff asrft+cn r nN.••o•wa srON[ o OsV6.iY • fN ~m~ ~~ ~h ~~5 LAN9CAPE NOTES _ .r M.f.r..... ..r. f 1J~ ~.'S uwr..arYUen Jack's Place Subdivision - A7-13-006 & PP-23-010 PAGE 14 ,~ YHCYYLA I - LAIYIli34AYC Y0.RN EXHIBIT A 4. Proposed Building Elevations (Single family homes and Office) ;~; ~~ Jack's Place Subdivision--AZ-13-006 &PP-13-U10 PAGE 15 EXHIBIT A lack's Place Subdivision--AZ-13-006 & PR13-010 PAG);16 EXHIBIT A EXHIBIT S -AGENCY & DEPARTMENT CONDITIONS OF APPROVAL 1. PLANNING DEPARTMENT I.1.1 A Development Agreement {DA) is required as a prevision 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 tune of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney's Office to initiate this pxocess. The DA shall be signed by the property owner and retui~sed 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 ininimuin, incorporate the following provisions: A. The applicant shall comply with the submitted elevations (home and office} attached in Exhibit A.4. B. If the existing home on Lot 10, Black 2 remains it shall be connected to City water and sewer service, per MCC 9-1-4 and 9-4-8 with the first phase of develapraent including the abandonment of any well and septic system. C. Future development of the office lots shall comply with the design standards listed in UDC 11- 3A-I9 and the guidelines contained in the Meridian Design Manual. D. Across-accesslingress-egress easement shall be granted to the property to the south (parcel #85915720012) throt:gh Lot 10, Block 1 in accord with UDC 11-3A-3A. Further, crass access shall be granted betwee~z fats 11 and 12, Block 1 as proposed. A recorded copy of said easement shall be submitted with the frst Certificate of Zoning Compliance application for the site or a note added to the face of the plat that references the recorded cross access agreement. E. The applicant shall provide a minimum of ~~48 16,433 open space for the residential portion of the development as proposed. Common Lot 3, Block 2 and Common Lot 2, Block X, excludin the ortion of the ravel access road within said common lots shall be landscaped with Lawn and a anix of shrubs and or other vegetative ground cover. Said re;xed ~yth~ The applicant's -landscape architect shall submit a plant materials list to NM1D for review and approval. The approved list shall be included on the revised landscape plan. 1.2 Site Specific Conditions of Approval 1.2.1 The preliminary plat labeled Sheet I, prepared by CK-Engineering, dated 8~E-1~/-~3 05/27/13), shall be revised as follows: • With the final platting of the office lots include a note on the face of the plat that references the recorded cross access agreement. Cross access shall be provided to the Mussell Corner property to the south through Lat 10, Block 1. Further, crass access shall be granted between lots 11 and 12, Block 1 as proposed. • Prior to signature of the final plat by the City Engineer, the applicant shall: Jack's PIace Subdivision-AZ-13-006 & PP-13-010 PAGE 17 EXHIBIT A a. Submit a signed license agreement with Nampa and Meridian Irrigation District {NMID) which allows the Lots 3-9, Block 1 an the south side of this plat to fence and landscape a portion of the NM1D easement north of the fence line depicted on the plat. -This portion of the easement shall be maintained by the prapert~{home} owner. b. The access area within NMID easement, as depicted on Lats 3-9, Block 1 south of the ro osed fence line shall be maintained b the Jack's Place homeowner's association and noted as such on the final lat. T{~ a~ x r ;~r, fw n Q a• ~+ a a yitlrpi',~fr7[i-I L7IL~'\~CdT~i~G"I„1?IITlIiTl 7li~7iC}~7"as. • Prior to the Commission hearing, the applicant shall provide an exhibit showing haw future homes could be situated on Lots 3-9, Block 1. and what size footprint is available on these lots. 1.2.2 The landscape plan, prepared by South Landscape Architecture, dated Q5/14113, shall be revised as follows: • Construct a 35-foot wide landscape buffer adjacent to S. Meridian Road in accord with UDC 11-3B-7C. • Construct a 10-foot wide landscape buffer adjacent to S. Bartlett Avenue in accord with UDC 11-3B-7C. • Construct a 20-foot wide landscape buffer adjacent to the south boundary of Lot i0, Block 1 in accord with UDC 11-3B-9C. At a minimum, the required buffer area shall result in a barrier that allows the trees to touch at the time of maturity and include a mix of shrubs, lawn or other vegetative ground cover. • A 10-foot lxaulti-use pathway adjacent to Meridian Road {SH 69) shall be depicted on the landscape plan submitted with future final plat application. Prior to signature on the final plat, a public pedestrian easement fox the multi-use pathway along Meridian Road shall be submitted to the Planning Division of the Community Development Department and approved by the City Council and recorded. • Common Lot 3, Block 2 and Camman Lot 2, Block 1, excluding the portion of the gavel access road within said common lots, shall be landscaped with lawn and a mix of shrubs and or other vegetative ground cover. Said common lot shall be improved with a 5-foot wide asphalt pathway. The applicant's landscape architect shall submit a plant materials list to NM1D far review and approval. The approved list shall be included on the revised landscape plan. • Per UDC 11-3B-14, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Jack's PIace Subdivision-AZ-13-OOG & PP-13-010 PAGE 18 Exx1B1T A • The applicant shall provide a minimum of ~-6-7.4516.433 open space as proposed. • Fencing adjacent to all common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDG 11-3A-7, 1.2.3 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc. of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. I.2.4 Prior to developing any of the office lots, a certificate of zoning compliance and design review application shall be submitted to the Planning Division for review and approval prior to issuance of building permits. 1.3 General Conditions of Approval 1.3.1 Comply with a1I bulk, use, and development standards of the R-8 and L-O zoning districts set forth in UDC i 1-2A-6 and UDC 1 I -28-3. i 3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council. 1.3.3 Comply with the provisions for irrigation ditches, laterals, canals andlor drainage courses, as set forth in UDC 11-3A-6. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-I7. 1.3.6 install all utilities consistent with the standards as set forth in UDC 1 I-3A-21 and 11-3B-SJ. 1.3.'7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC ] 1- 3B-7C. 1.3.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to easements, blocks, street buffers, and mailbox placennent. 1.3.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.11 Comply with all ACRD conditions of approval. 1.3.12 Prior to the issuance of a building permit, the property shall be subdivided in accordance with the UDC. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant andlor assigns shall have the continuing obligation to provide irrigation that meets the standards asset forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-S, UDC 1I-3B-13 and UDC 11-3B-I4. 1.4.2 A11 common open space shall be maintained by an owner's association asset forth in UDC 11- 3G-3F1. L4.3 The project is subject to all current City of Meridian ordinances. 1.4.4 The applicant andlor property owner shall have an ongoing obligation to prune all trees to a minimum. height of six feet above the ground or sidewalk surface to afford greater visibility of the area. Jack's Place Subdivision - AZ-I3-006 & PP-13-010 PAGE 19 EXHIBIT A 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-I 1. 1.4.6 The applicant andlox property owner shall have an ongoing obligation to maintain aI1 landscaping and constructed features within the clear vision triangle consistent with the standards in UDG 11- 3A-3. 1.5 Process Candition~s of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs an the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer an the previous final plat as set forth in UDC 11-6B- 7B. I.5.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2} gain approval of a time extension as set faith in UDC 11-6B-7. i.5.6 Upon uistallatian of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certifcate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for this development shall be from an extension of the existing main in E. Edmonds Court. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feat, if cover from tap of pipe to sub-grade is Tess than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Domestic water mains to provide service to this development will be from an extension of the existing main in E. Edmonds Court, and the newly developed Larkspur Subdivision No. 4 to the east. Per Meridian City Code, the applicant shall be responsible to instals water mains to and through this development. 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. 1f a surface or well source is not available, asingle-point connection to the culinary water system shall be required. if a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.4 Any existing structures that are required to be removed shall be removed prior to signature an the final plat by the City Engineer. ( 2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or `, Lying adjacent and contiguous to the atea being subdivided shall be tiled per UDC 11-3A-6. Jack's Place Subdivssion-AZ-]3-006&PP-]3-010 PAGE 20 EXHIBIT A Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association {ditch owners), with written approval or non.-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer priox to f nal plat signa#ure. 2.b Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by idaho Department of Water Resources Contact Rabext B. Whitney at {208)334-2190. 2.7 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. 2.8 Street signs are to be in place, water system shall lre approved and activafied, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.10 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 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• 2.12 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. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Past Office. 2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads teceiving engineered back#ill, where footing would sit atop fill material. 2.1b The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to erasure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.17 The applicants design engineer shall be responsible for inspection of all irrigation andlor 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. 2.18 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 pxiox to the issuance of a certification of occupancy for any structures within the project. 2.19 100 Watt acrd 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. Alf street lights Jack's Place Sabdivision - AZ-13-00b & PP-13-OIO PAGE 2I EXHIBIT A shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the Location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of l2S% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more infoi•~nation at 887-2211 _ 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure far duration of two years. This surety will be verified by a line item cast estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 The applicant shall provide easement{s) for all public water/sewer mains outside of public right of way {include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat far reference purposes. Submit an executed easement {on the form available from Public Woxks), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 8112" x 11"map with bearings and distances {marked EXHIBIT B} for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.24 Applicant shall be responsible for application and conrplianee with and NPDES permitting that may be required by the Environmental Protection Agency. 3. P~DLICE DEPARTMENT 3.1 If required as a condition of the plat, the Police Department supports a portion of NMID irrigation easement placed in a common lot along the southern boundary of Lots 3- 9, Block 1 so that the irrigation easement is maintained by the HOA and does not become a nuisance for the future residences. 4. FII2E DEPARTMENT 4,1 Tlae proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic and Advanced Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location aril stiffieient operational firnds to staff the facilities. 4.2 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Cade. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.3 AlI entrances, internal reads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. Jack's Place Subdivision-A2,-13-006 & PP-13-o10 PAGE 22 EXHIBIT A 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in Tntematianal Fire Code Section 304.1.2, 4.5 Fire lanes, streets, and st~~uctures (including the canopy height of mature trees) shall have a vertical clearance of 13'b as set forth in international Fire Code Section 503.2.1. 4.6 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets Iess than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in international Fire Code Section 5013.2.1. and D103.6.1 and D103.6.2. 4.7 Alt portions of the buildings located an this project must be within 1S0' of a paved surface as measured around the perimeter ofthe building as set forth in international Fire Code Section 503.1.1. 5. REPUBLIC SERVICT,S 5.1 Republic Services has no concerns related to the plat design submitted with the application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns related to the plat design submitted with the application. 7, AnA COUivxx AIGHWA'Y DISTRICT 7.I Site Specific Conditions of Approval 7.1.1 Comply with the requirements of iTD and the City of Meridian regarding Meridian Road frontage. 7.1.2 Submit to the District a letter from 1TD regarding said requirements prior to plans acceptance. 7.1.3 Construct Ed3nonds Court as one half of a 36 foot local street section with curb, gutter and 5 foot sidewalk, abutting the site. 7.1.4 Constntct Bartlett Avenue as a 34 foot local street section with curb, gutter and 5 foot wide sidewalks within a 46 foot wide right of way, 7.1.5 Construct two 25 foot wide driveways onto Bartlett Avenue located approximately 125 feet and 215 feet south of Edmonds Court. (Measured centerline to centerline.} Pave both driveways their full width at least 30 feet into the site beyond the edge of pavement. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 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 ACHD xight-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right- of way. 7.2.3 in accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements, The applicant's engineer should Jack's Place Subdivision - AZ-13-006 & PP•13-010 PAGE 23 EXHIBIT A 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 Trea Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility ofthe applicant to verify all existing utilities within the right-of way. The applicant at no cast to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE {1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits {spare or filled} are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 {with file numbers) fox details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized represen#ative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at That time unless awaiver/variance of the requirements or other legal xelief is granted by the ACHD Commission. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 24 EXHIBIT A ~. Legal Description and Exhibit Map _ 5sfwk€~th l~rtd ~unrcytn~. Sx_; ~ t'~ t~t)8130t3•,Ott}~ r; [2CMt} 3~~•BrpS ~QtR ~~/_ t41]ICi ~~. t=M~TtBtt, I~ ~}$(j ~'~ ~Qg8117~sctzpti~rt ~r .t~dt's RG~~ Subd(sd~~crr> Cgmmer~tl Lats MajF , 2Qf3 t~1=V1 f~~AL BY --~--- JUI~ 1 f ZD13 (y~F1>iC}IAN ~U~3i! fC ~lV~1~KS 13~~~: A repiat ai ~ rtlon of Lot 7 of Edmotrods Sl~bdivisign, shown ir3 f3aok 3~ t~f Pl~t9, Pagelt 24SO~~d51, A~1a CotJnry tctards, ~~ilhln t~ovem~t l.at ~ of ;xec4dn 't9, '1'. 3 tJ., R. # ~,. 8,tvt., City of iseridian, Ada County, tdafi4, -rrs~re pacticularty Ctescribett as fatkws: +OommegGirrg at a found+~lamtnu~i cap, maricln~ the W i14 Corner of said Sgctian #9; 'lhenr~SGWIFt Q'S6'09" ttltesi, coincident rn~th thawest Foe of sold [io,remretecst LQt 3 nfsection i8, a di;;tarx~ cif 962•S~ feet to the centerline Inier5~tlap 4f Meridian Road acrd E EtlR~wtds l7rlve and foe i~o~n# of ~aginnln~; The+zCe mouth 88°$¢$4' EaS#,.COiryCident with Se~id nentprlina pf ~. Edmonds i}rive. ~Q8.74 feet; Thanes youth D'YJ~'2t" V4'est, 7$¢.~i fit to the betjinning oia hangeni cxirve; TiaCnce 34. i:7 feet alogg Etta arG of said cure iC the left. wiRh a carr#di angle of 39°5~i 42", a radius ai 50.if0 feet, sub[ended >;y a CttM# trear~~ South ih+S3'00" fast, .~+i.q7 feet; ~'henee ~'CUth 5pkt 7'3~° West, +i5.$i feet( Ti'+e~-lrae ~M1th D°56'Q9^ tfitast, '318.2p feat to the ao~ tine of tat i of f4+drnonds Su4Alv~slon; Tfiange fda~ a9a59'E!t" UYest aaincidentwith the SDUt{t fine oFseld LGt i pf ~tlmand5 ~uhdh+sslon, i BB.t)2 beat tfi 6ai29hwest onrna~ot Bald Gaverament tot 3; mp-t Pfarttt 0`56'00' East, rofncidert with said west line of ~emment tat 8, a distari4s of368.06 feet fC fhe f='iNnt of l~gginnirtg; Theat~ue d+~5uibsti pterazT cGritains i•7i acres, more or [ass_ P_~2013143Q2~~,fACfCS ?~LACf~ ~Uf3 - t7~gVE 'Cti~{t'!t<Ri~lrawingstitifstiGrrst73f~2-CONIMERCiI~ fiEV 5-.~~ i ~.doC1c f'ag~ (! Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 25 T~elhcr wftlt and ~utsjeGt tri CQVenants. ~atierrtertts a,rid restristrons of reoond. EXHIBIT A Sawth ~.aftc~ ~urv~y#r1c~, ~~ - Y: f2l,~d) ~~3$-~ I fS~F F: (2Q>rsa 334-8 t~}5 fiCl7 W. r,Aaui 54. f:mrt~tt@. iT? $3~ [ T LegaE p~~ri#ttott far Jack ~ PEac.~ ~ctbditrision R~ider>tlai Lots tlllay2~, zot~ RE1fi PRtJVAI, E3Y ..--Y-.~,,, JU~1 i t ~~1~ f~~Riq~AN f'U~UD 1+~Q~iKS DEPT. A ~repiat of a ;portlarl of Lpt l df 1cJr*tanCs Subd iVtsaan, as sri(iwn in BQsak 33 i~€Pl$~,1'eges ~~t30 205t, Add Uounty Retards, withlr3 Cauernmant tat ~ of 5er.#~on t~ ~ :31+1., R. i ~.. 0.i4t„ City +~f Meridian, Ada ~r}unty: tdaha, rr+ore ir~iticuiarty described as tplrows: GornmeitCir~.'st ~ taua~daiumir~um cap, eris[kirtg the W it4 cxtrner ofi~atd S$eGors i9; `fhenc ry South ti°56'09" k~r~st~ catr~~idenk t~iiM the "wrhst dlna dfsaid ~pxernmQ~r}tot 3 ~f Seu±tiptl 79. a ~disfan~ of 982.52 fieeg 1'honre~ South 88°,09'34" ~d5t.2ti&.T4 fe#>t td theRoirFE eFt3e#ltnntn6; i'henct?!+<t+ritinuir~ South 138°69'34' Sast, 128,82 fit; Thtnaa South 89°v$'S6' l=ast, 213.56 feet t,7 the tseginniog vFa 1anQenter~rYir; 't~nof~ a9.d4 fit along tirr# arc of said rfcrue ftt• the ir*ft, wish a central err~te ~+F.33°4946'. a radius of 1~U_9Q feet. sutstettded by a chprd beering ftorth t1 °~ 20' East. 68.15 [eat: Tteence South 3$'$3'13" East, 5+1.23 feet; fihaAae Savth (i"42'21' ~'e5t, 537.33 feet t0 the 541tt11 free ut Sa1r1 Govetrunertt t.dt 3a Trranp~ 9Varth t35°59'(11"y~~~ q#?iriCidERtSki'ih s91d saa~,tttlln~ rtr3ovemrrian3let 3. a dlsttltc~of 4.5z.4fr feet 'FtrenG~ ~rathl 4'SS'f19' t:rfst, ~tft,2tr feet; 'f hr3nce 1WaM 5Ct° 1 i `39` ~s#, 46.46 f+~t to the b winning ttf a note t~ngerrt ~rrrg; `fhnnc~ 34.7'T aFot~g th0 alp of said eur-re t4 the right, with ~ central angle ofi 59°5{t'd2 : a radu~ of 50.1)t1 feak ~ubtenderf by s citisrd bearing t~trfth 19°53iD1)' t~res#, 34.117 fir. 'fFrance hIORh t1°(~'Z1"fast, SB4.f3i feet to #Ae Patnt afl~~inning; 1"he ~baYa d25e!itaad fraraet ctontains 3, ti$ acres, mare er tees. Tttrerwith 3ttd sr~t~j~# to ca,renar-#s, aerye~htenr° u^r y- •s '-Ra nf~Arr~r F:1~p4311342x-JA~iC~B P-Asr~ SU9 - pA~IE i3,rir~ "~J~ 14 Jack's Place Subdivision - AZ-13-006 & PP-13-410 PAGrE 26 l EXHIBYT A ~~;3t1.~i~~~~>r~.~, +1.~' ~ ~~~5`i ~I~fflf~?~}rlcl~f~ ~itt-~~:' ~j Jack's Place Subdivision - AZ-l3-OOb & PP-13-010 PAGE 27 .EXHIBIT A C 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, reviefv the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies wi#h the applicable provisions of the Corn~prehensive Plan; The applicant is proposing to annex a portion of the subject property from RUT in Ada County to the L-O and R 8 zoning districts, The Council finds that the proposed map amendment is generally consistent with the Office and MDR designations far #his site. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Ptan (see section VII above}. b. The map amendment complies with the regulations outlined for the proposed dist-•ict, specifically the purpose statement; The Council finds that the proposed map amendment to the L-O and R-& zoning districts is consistent with the purpose statements for those districts as detailed in 3eotian VIII above. c. The map amendment shall not be materially detrimental to the public health, safely, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony provided when determining this finding. 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 tv, school districts; and, The Council Inds that the proposed 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-SB-3.E). The Council finds annexing this property with L-O and R-$ zoning districts is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: In cansideratian of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available ar can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and will continue to be provided to the subject property. ,See Exhibit B of the StaffReportfor snore details from public service providers. c. The plat is in conformance with scheduled public improvements in accord with the Jack's Place Subdivision-AZ-]3-OO6 & PP-13-41.0 PAGE 28 EXHIBIT A City's capital ia~pravement program; Because water and sewer and any other utilities will be pravided by the developer at their awn cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Some services are already being pravided to the subject development. The Council finds there is public financial capability of supporting and continuing services to this development. e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, ox environmental problems associated with the platting df this property that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council finds there are na significant natural, scenic or historic features that will be lost with development of the site. 3eck's PIace Subdivision -- AZ-] 3-006 & PP-I3-010 PAGE 29 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 4N ( PROJECT NUMBER: SHP ~ 3-002 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: SHP 13-002 Ennis-Thrivent Condominium by Dave Evans Construction, LLC Located 2450 E. Gala Street Request: Short Plat Approval for Three (3j Condominium Units in One (t ) Building in a C-G Zoning District MEETING NOTES i { Community Item/Presentations Presenter Contact lnfo.lNotes CLERKS C?FFlCE FINAL ACTION DATE• E-MAILED TO STAFF SENT TO AGENCY SENT TO APALICANT NOTES INITIALS Meridian City Council lt/leeting DATE: September 1 Q, 2Q13 ITEM NUMBER: 4Q PROJECT NUMBER: ITEM TITLE: Agreement for Use of Parklet by Sunrise Cafe MEETING NOTES "°~- , } ~ , ~ ~~ ~ ~ ~~ Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E'MAILEO TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~! AGREEMENT ~'OR CJrSE OF PARKLET ~ ~~~ `T'his AGREEMENT FOR USE OF PAI:KLE'1' (hereinafter "Agreement") is made this ~ day of ~, 2013 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Sunrise Cafe Boise, Inc., a corporation organized under the laws of the State of Idaho whose address is 7135 'VV, State Street, Garden City, Idaho (hereinafter "User"}. ~UVFIEREAS, the term "parklet" describes a space that temporarily extends the sidewalk area into a parking spot far the purpose of offering amenities such as seating, vegetation, and art to pedestrians and downtown business patrons; WHEREAS, the Planning Division of the City of Meridian Camixt,urxity Develaprnent Department has prepared a pilot parkIet program for downtown Meridian, with the objectives of encouraging interest in downtown businesses, demonstrating the value of streetscape improvements to aesthetic and economic development, and creating a space for downtown patrons to enjoy outdoor dining while preserving pedestrian use of the sidewalk; and WFIEREAS, City owns mobile decking and related accoutrements generally as depicted in t>ze rendering attached hereto as Exhibit A {"Parklet"), and the Parklet will be parked in a parlxing spot front of User's business; 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 User agree as follows: - I. PERMISSION Gx2Ah1TED. Subject to the terms and conditions seC forth herein, City hereby grants to User permission to utilize the Parklet from 4:00 p.m_ to 11:00 p.m, on Friday, September 13, and from 6;00 a.rn. to 11:00 p.tn. on Saturday, September 14, 2013, and acid from 6.00 a.m. to 11:00 p.rrt. on Sunday, September I5, 2013, in the manner set forth in this Agreement for all uses approved for the piincipaI Use at 805 N. Main Street, Meridian, Idaho, II.OBLIGATIONS OT" USER. A. Reasonable use. User shall employ best efforts to ensure that its use of Parklet is appropriate and reasonable. Where User's use of Parklet causes disproportionately excessive damage to same, User shall reimburse City far the cost or proportionate cost of necessary repairs and/or replacement. S, Permitting. Jn addition to compliance with alI terms and provisions of this Agreement, User shall separately obtain and comply with each and all of the fallowing permits, as required by lar~v: 1. .Any and alI applicable licenses, pexntits, inspections, and/or eertif cations from the Central District Health Department; and 2. City of Meridian liquor catering permit. C. Manner. The permission extended. under this Agreement shall be subject to the following terms and conditions: AGtiEt;MEN7"F4}RUS&OFPAttKLST PA(in t and 1. Use of Pal-klet comply in all respects with all applicable permits, laws, ordinances, and rein~ations, including, but not ]muted to, thaw related to the service of food and/or alcoholic beverages. 2, User shall not allow the use of tobacco praducts or e-cigarettes on Parklet. 3. User shall ensure that all personal property placed on Parklet, including urrrbrellas, tables, chairs, etc.: a. Is removed from the Parklet and the right-of way during non-business hours; atld b. Does not, in any way, create aIa unsafe condition for motorists or pedestrians, 4. User shall maintain the Parklet in a clean condition, free of litter and debris. 5. The follo~vving items shall be prohibited an Parklet; receptacles for solid waste or recyclables, automated tellerrnachines (ATMs), vending machines, generators, decorative rags or ground coverings, platforms, grills, cooking appliances or stations, beverage serving appliances or stations, shelves, storage containers, equipment, supplies, or praducts. D. Insurance. User shall submit to City proof of an insurance policy issued by art insurance company licensed to do business in Idaho protecting User, User's employees, agents, contractors, officials, officers, servants, guests, patrons, and invitees from all claims for damages to property and bodily injury, including death, which may arise dieing or in connection with such persons' use of or involvement with Parklet. Such insurance shall nalzze City as additional insured, and shall afford at least five hundred thousand ($500,000,00) per person bodily injury, five hundred thousand ($500,000.00) per occurrence bodily injury, and five hundred thousand ($500,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold hazxllless City as set forth in this Agreement ar any permit. If City becomes liable far an amount in excess of the insurance limits herein provided due to the actions ar omissions of User or any User employee, agent, contractor, official, officer, serva~zt, guest, patron, and/or invitee, User covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments far damages or liability to persons or property. III. OBLIGATIONS OF CITY. A. Placement of Parklet. In exchange for the obligations accepted herein, between 1:00 p.rn. and 4;00 p.in. on Friday, September 13, 2013, City will deliver Parklet to a parking space in front of ar near the restaurant known as Solarise Bakery and Cafe, located at $05 N. Main Street, Meridian, Tdaho. B. Maintenance. Except as otherwise set forth herein, City shall provide general maintenance and upkeep with regard to Parklet infrastructure. C. Primary Source of Can#aet for City. City shall provide User the name, e-mail address, and telephone number of specific City personnel (herEinafter "City Contact") who shall serve as City's primary contact between City and User for all day-to-day matters regarding set-up, operation, and z~elxloval of Parklet. City Contact for Parklet shall be: City Contact: Bzian McChire Community Development Department E--mail: bmcclure@melidiancity.org Phone: 208-884-5533 IV. GI;NI~RAL PROVISIONS. A.. 1rlotice. Cornrnrmication between User and the City Contact regarding day-today matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall Iae in AGREBN(ENT ~'aR USE OF PARKLET PAGE 2 OF 4 ~ writing and be deemed communicated when personally served, or mailed ixz the United States mail, or via e-mail, addressed as follows: City: City of Meridia~z Attn: Enuly Dane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 ekane @ nzeridiancity. org User: l~obert Godsill Sunrise Bakery & Cafe 71.35 W. State Garden City, Idaho $3714 sunrisefinehonnes @aol. com B. City property. The parties hereto expressly acknowledge that Parklet is publicly-owned property, the management and scheduling of which shall at all times be within the sole pzuview of City. City shall have the right to allow or limit the use of Parklet, to close all or any portion of Parklet, or to remove Parkiet, for any and all purposes and under any and all conditions. C. Assignment. User shall not assign or subleYall or any portion of User's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written conseatt of City. This Agreement and each azzd all of the terms axed conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. ~?. l~To agency. Neither User nor User's employees, agents, contractors, officials, officers, servants, guests, or invitees shall be considered agents of City iYZ any manner or far any purpose whatsoever in. their use and occupancy of Park. E. Indemnification. User and each and all of User's employees, agents, contractors, officials, officers, servants, guests, patrons, and/or invitees, shall indemnify and save and hold harmless City and the Ada County Highway District fiom and for any and all losses, clain-is, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incLUred by User or any of User's employees, agents, contractors, officials, officers, servants, guests, patrons, antUor invitees, at or in its use of Parklet or right-off way, or any lack of maizztenance or repair of the Patklet or of the right-of-way, and not caused by or azxsing out of the tortious conduct of City or Ada County Highway District. User acknowledges that L~sex of Parklet caxxies risks, some of which are unknown, and with that knowledge User does assume all such risks. T'. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; User accepts Park for use as is, both at the Effective Date of this Agreement aztd throughout the course of its use of Parklet and all related activities. G. Attorney It'ees. Should any litigation be commenced between the parties hereto concerning tlzis Agreement, the prevailing party shall be entitled, ixx additioaz to any other relief as maybe 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 fo~~eitare of this Agreement. H. Time of the essence. The parties shall fulfill obligations described. in this Agreement in a timely manner, as set forth herein. The parties aclalowledge and agree that time is strictly of the essence with ( xespect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreerrxent. X. Termination. A,G?.tt3~MaNT FOR USE OF PARKLET PAGF 3 OF ~ I . Grounds. Grounds for termination of this Agreement shall include, but shall rat be limited to: an act or omission by either party which breaches any team of this Agreerr~ent; an acC of nature or other unforeseeable event which precludes or makes impossible the performance of die terms of this Agreement by either party; ar a change in ax accurl•ence of circumstances that rendexs the performance by either party a detri~naent to the public health, safety, or welfare. 2, Process. hither party inay terminate this Agreement by mailing, e-mailing, or personal delivery of written notice of termination. Such native shall :include a description of the breach or cireurtastances providing grounds for teranin:ation. A two (2) hour cure period shall commence upon provision of the notice of intention to terminate. )<f, upon the expiration of such cure period, cure of the breach ax circumstances providing grounds for termination has not occurred, this Agreement shall be terminated. ~. Construction and se~verability. If any part of this Agreement is held to be invalid ox unenforceable, such balding will not affect the validity ar enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. I~. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety itt this Agreement. L. Ent~tre Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. M. 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 rent~edy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. N. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, +O. Approval required. This Agreement shall not become effective or binding unfit approved by both User and by Meridian City Couxtcil. 7<N WITNESS WHEREOF, the parties shall cause this Agreement tv be executed by their duly authorized officers to be effective as of the day and year first above written. USE . Robert Godsill CITY OF IVIERIDIAN: BY: Tarnrny d~l~'eerd, Mayor `" +oA~+a a cee`Holrnan, City Clerk t,,V/ w AGRE&MBiVT F012 USE ax PARKLFIT ~~`~,, S~~` ,~ ~ PAGE 4 oF~ ~rrar4A Ex~BIT A PAR.~LET RENDERING 7 0 d y z icy 1 . ~ ~~ ~~ -~- ~ ~~ .i ~ .,. ~, J N J O l+~ ,~~ Q ~ ''' ~J ~ ~ Sao ~~ ~ ~ ~ ~ ~ 'R, ~- ~~ _ ~` a' .~ l~ a ~, J ~ ~ `~~,`} f~ Y D d pN FIRST AMENDMENT AND ADDENDUM TG MASTER LICENSE AGREEIVZENT FOR REGULATYON AND MAINTENANCE OF SIDEWALK FACILITIES IIV THE MERxDIAN CITE CORE TINS FIRST AMENDMENT A~TD ADDENDUM TO THE MASTER LICENSE AGREEMENT is eaatered into this Ilth day of September, 213, by and between ADA CaUNTX I-IIGHWAI' DISTRICT, a body pofitic and corporate of the State of Idaho ("ACRD"} and the CITY OF MERIDIAN, an Idaho municipal corporation ~"City"). I. RECITALS A. ACRD is a single county-wide highway district organized and existing under the laws of the State of Idaho, with the exclusive jurisdiction over public rights-of way, including sidewalks, in Ada County; City is a municipal corporation with police power to regulate and control eneraaahments and activities upon sidewalks within the city. B. Idaho Cade § ~7-232 pz•avides that public agencies may contract with one another to perform azay governmental service, activity, or undertaking that each public agency entering into the contract is authof7zed by Iaw to perform. C. The parties entered into a Master License Agreement on August 7, 2012, in which ACRD granted City a limited license to regulate and maintain sidewalk facilities in the Meridian City Core. D, City seeks to periodically install within the Meridian City Care a temporary "parklet," a space that temporarily extends the sidewalk area into a parking spot for the purpose of offering amenities such as seating, vegetation, and art to pedestrians and dawn#own business patrons, and thex•el'ore the parties agree berein to amend the Master License Agreement far the specific purpose of an additional grant of authority unde~• the Master License Agreement allowing the City to regulate, control, and authorize temporary parkiets in the Meridian City Care. E. ,ACRD and City desire to amend and add to the terms and conditions of the Master License Agreement to additionally grant the City a license to xegulate and control the size, placement, area, operation, and maintenaaace of any and all parklets within the public rights-off way located iu the Meridian City Coxe. k`~[IZ,ST AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT FDR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE GREATER DOWNTOWN AREA, - 1 Ih AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are made a part of this Agreement and not mere recitals, and for good and valuable consideration, the receipt of which is hereby ackaowledged, the Parties hereto agree as follows: A. That Section 1 of the Master License Agreezx-ent be amended to provide an additional sentence to grant City additional ]icense rights, such that the Section shall read, as amended: Section 1. License Grant, ACHD hereby grants a License to City ("License") to (i) regulate and control the size, placement, operation and maintenance of all newsstands, ATM's, signs, planters, benches, fountains, fences, sheetlights, sidewallz cafes, outdoor eateries, and sunilar corrunercial and public stzzictures, objects, and uses, regardless of whether the same are or are not affixed to the ground {collectively, the "Facilities") on the sidewalks within the surface of the public rights-of--way depicted on Exhibit A (collectively, the "IYlerxdian City Care"), (ii} provide for and maintain the necessary and/or desired landscaping and streetscaping upon sidewalks within the public rights-of way for the Meridian City Core, and (iii) sublicense the rights and obligations set forth in (i) and {ii}. ACRD additionally ants to City a other than the ri ht to use the same ursuant to the terms and conditions of this A~reemen# and pursuant to the authority granted in the Idaho Code. This Agreement does not extend to City the right to use the public rights-of way to the exclusion of ACHD for any use withizl its jurisdiction, aixthoriiy and discretion or of others to the extent authorized by Iaw to use the public right-af way. If the public right of-way has been opened as a public Highway {as used in the Agreement, the term "I~Izghway" is as defined in Idaho Code § A~0-1 fl9(5)}, City's authorized use is subject to the rights of the public to use the right-of way for IYighway purposes. City's authorized use is also subject to the rights of holders of easements of record or obvious physical limitations upon inspection of the public right-of--way, and to the statutory rights of utilities to use the public right~of way. This Agreement is subject to and shall not supersede or conflict with license ox rights granted under the VRT Agreermenfi, attached hereto as Exhibit E. 'Phis Agreement is not intended to, and shall not preclude or impede (i) the ability of ACIID to enter into other similar agreements in the future allowing third parties to also use the public right-of-~vay, pro~rided that written notice is provided to the City, and such use does not unreasonably interfere with City's rights regarding the Facilities as set fo~•th in this Agreement and contained iz~ Idaho Code, or {ii) the ability of ACHD to redesign, reconstruct, relocate, maintain and improve the public right-af--way and Highways as authorized by and in accordance with state law. Where ACHD's retained rights, as stated herein, affect the City's authorized placement or sublicensing of Facilities upon the sidewalks, ACRD and City will work in good faithto resolve aoy conflicts. F]RST AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT FOR REGULATION AND MAINTENANCE QF SIDEWALK FACILITIES IN THE GREATER DOWNTOWN AREA - 2 r a. With reference to any Facilities Located in the Meridian City Care, ACHD will use best efforts to terminate all ACRD License Agreements for any existing Facilities ili the Meridian City Core. During the term of this Agreement, ACHD shall not authorize, permit or license any Facilities to be located in lire public right-of-uTay in the Meridian City Care, except for underground sttLictt~res. b. ACITD and City agree to freely and promptly exchange information reasonably necessary to comply with the terxt-s of this Agreement, including the provision to City, by ACRD of all records, documents, databases, ar information relating to l~caown and authorized Facilities licenses in the Meridian City Care, whether terminated or not. B. That an additional term be provided by Addendum to the Master License Agreement as follows: 14. Parklet installation. City shall consr~lt with representatives of the ACTED staff to determine any traffic operations, moto~~ st and traffic safety issues associated rn~ith parklet installation. Under no circumstances may a pa~~let installationx take place in a travel lane or interfere with ~natorist or pedestrian traffic. ACRD shall have the right to prohibit or request removal of a parklet installation that interferes with. or obstructs traffic operations, motorist or pedestrian safety, street improvement activities, construction activities, cleaning efforts or other sinnilar activities. C. Waiver. This Addendum shall not be construed as an annendment or waiver of any of City's obligations under the Master License Agreement, except as specifically set foz•th herein. No failure by either pasty to insist upon the strict performance of any covenant, duty, agreement, or condition of the Master License. Agreement or this Addendum or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term, or condition. No waiver shall be binding unless executed in w~.xting by the party iuaking the waiver. Without limiting the foregoing, ACRD in no way waives any clairr~s. D. Amendment and Restatement of A i~ •eement. The provisions of this Addendum sha11 be incorporated into the lVlaster License Agreement, which is hereby amended and restated in full. All provisions of the Master License Agreement shall remain the same except as specifically set forth herein. In the event of any conflict between the terms of the Master License .Agreement and this Addendum, this Addendum shall control. E. Entire Addendum. The Master License Agreerr~ent aizd this Addendum and fhe exhibits hereto constitute the full and entire understanding and agreement between lire parties with.regard to the license contemplated herein, and no party shalt be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. F. Recitals Incorporated by Reference. The Recitals of this Addendum are incorporated by this reference into this Addendum. FIIZST AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT ~'OR ItEGULAq'ION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE GREATER DOWNTOWN AREA - 3 IN WITNESS WHEREOF, the partzes hereto have executed this Ap,Y•eement as of the date frst set forth above. CITY OF MERIDIAN Tarz~~ny de j1~Teerc~ Mayon ATTEST: Jaycee L. Holman City Clerl~ ACRD ADA COUN'T`Y HrCrHWAY DISTRICT Sara ZVI, Balser President ATTEST. Bruce S. Wang Directoz• FII2ST AMENDMENT AND ADDENDUM TO MA~TIIR LICENSE AGREEMENT FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE GREATER DOWNTOWN AREA ~ 4 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: q.p PROJECT NUMBER: ITEM TITLE; Canturbury Commons Subdivision No. Z Multi-Use Pathway Easement MEETING NOTES r~ RPPR~VEQ _ Community ItemlPresentations Presenter Contact tnfa.INotes CLERKS OFFICE FINAL ACTIrJN DATE: E"MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS <IDA COUNTY RECORDER Chrlstapher D. Rlch AMOUNT .00 5 BOISE IDAHO 09f12113 01:45 AM I I ` tl I1 ++``t DEPUTY VlckyBalley ~[~ ~N~~~~~~~~~Il~l~~~~~~ll~~~~lfl~~~~ RECORDER-REQUIrST Ol: i 131 ~3~~.~ Merldlan C1ty RECREATIQNAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ,~ day of _ ~2 e r~ h ~~2t}I3, between l~tar~f ane( ~`atrE~ , ~!C hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and 'U~VHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and N ©W, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A"and depicted on Exhibit "B"attached ]~ea•eto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple-use non-motorized recreati on, witli the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementunto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or aI1ow to beplaced any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSL'Y' UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any past of the easement hereby granted became part of, ar lie withizi the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is apart thereof, shall cease and become null and void and of no firt~tlter effect-and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described Y~•act of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession (hereof against the Iawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscx'tbed its signature the day and year first hereinabove written. BY: ~oi,,~ ph• ~9~,dr S Its: ~„~~, ~ STATE OF IDAHO } } ss Gaunty of Ada ) On this ~ ~ day of ~ U ~r ~ , 2013, 6'efoi~ axe, the undersigned, a Notary Public in and for said State, personally appeared .1 o~-h (~ ja~el~e ~~ Itnown or identified to me to be the ~ that executed the within instrument, and acknowledge~toeme that suc~ compaii~ e e~u'~~d the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~T~'~ ~ +~~~ ~ ~~~ t, rc , .....- ~~G,~ NOTARY P1JBf,IC FOR IDAHO Residing at:~- ~ 0 s hL ~ fl Commission Expires:_ $~~31~a-0) 3 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Taynmy de rd, Mayor ~~~~ ti° City o£ ~Iolman, City Cl~c~'~I~r~~`;dA o Approved By City Couneil On: ,°,,f ~h e STATE OF 1DAHa ) County ofAda ) ss. ~; Qn this~~day of ~m ~.Q ~,- , ~d13, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE H~LMAN, kno~vrn to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS'4NHEREOF, Ihave hereunto sat my hand and affxed my official seal the day and year first above written. c {SEAL) ^,.i'yr Residing at:_ Commission Recreational Pathway Easement w m v / ° o ~~ f ~~ ~-' cp ~ a~ ~ ~ u uz ~ ~ 6 yy~~ d 1C! /6t 2 ,~y+ ~K _ ~3 ae ~ f ~o~ao . ~ 3SY N3SAl 7t ~ . ;jr /,/ . of ~~ ~• h ~~ -j ~ 1, ~ ~ U p ~ O © cO Q°~y' ~ l 0 Q ~` o ° ~/ V YHY75 'N ~~ ° ~,1 / Q )_~1, . ~ %~ 0 (p4f O ~_ ~~ f? ~r ~. Q ~/Q// :/"~ . / `~ ~~ 4 ~ry_ ja fy , -`V h~ ~~ y _ h~ . .~ ~= r~ m l~ ~ a'te' /d .[S.l,~',0 s .CC'ChBZ c n e~S.d ~~ ~ sHA1Y3830 SSIU z ~YDH 37N Nil 'N ~~ OR /zo 'coo rte, "y1 ~-. :.: o -~ 1 ~ v~, r-- ~~ . D ~ 3ww °°~g~ Z ~ N Q a~,r~`O~N ~ o ~ N ~ J ~ Vi ~ 2 2 2 < r ~~ Ooh O~ i0 Z ~ ~ O~ M O~ 1 ~ O ~ nj YO " NO F] In ~ ~ r ~ ~ ~~~~ ~ O ~~ c ~ ~ ~ ~~ ~ ~ ' N vtiap~ O ~~H .~. ~ ~ ~~. ~ N W ~ N~~ ~ ~ ...~ O h .... Leda! ©esc~i~tlon Can~erbuty Commons Subdivision No. 1111utfii-Use Pa~l~way rEasemenit An easement located in the SW l of Section 11, Tawnshtp 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more partii;uiarly described as follows: Commencing of a Brass Cap monument marking the northwest corner of said SW ~/, from which a Brass Cap monument marking the southwest corner of sand 5W f .bears S 0°51'57" W a distance of 2646.33 feet: . Thence S 89°11'20" E along the northerly boundary of said SW'/ a distance of 496.21 feet to a 5/S Inch diameter Iran pin; Thence leaving said northerly boundary S ©°51'34° W a distance of 36.0(} feet to the PQ1NT OF BI=GINNING; Thence S 89°~ 9'20" E a distance of 2.36 feet to a point; Thence S 59°27'20" E a distance of 668.65 feet to a paint; Whence S ~}1°19'20" E a distance of 527.77 feet to a paint; Thence S 20°46'20" E a distance of 912.51 feet to a paint; Thence S 2°55'40'' W a distance of 54.37 feet to a point on the northerly right-of--way of fhe Union I'acii'Ic Railroad; Thence N 88°28'i5° W along said northerly right-of--way a distance of 10.00 feet fa a point; Thence [saving said northerly right-of way N 2°55'40" E a distance of 52,52 feet to a point; Thence N 20°4[3'20° W a distance of 108.60 feat to a point; Thence N 41°19'20" W a distance of 524.36 feet to a paint; Thence N 59°27'20" W a distance of G64A7 feet to a point; Thence N b°1'34" ~ a distance of 10.16 feet to the POINT OF BI=GINNING. This pares! contains 13,571 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PL5 Land Solutions, PC August 18, 2013 ~.~I~~~u~~~ires ~,,,..-~~[ana Surveying and Comuldng `"-~~jld~ ~° ~~1~T~F ~ ~ ,o ~~~~ oN ~ ~,~ Canterbury Commons Subdtvlsion No. 1 Job No. 11-FI~a Page 9 of 1 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 4{~ PROJECT NUMBER: ITEM TITLE: First Amendment and Addendum to Master License Agreement with Ada County Highway District For Regulation And Maintenance Of Sidewalk Facilities In The Meridian City Core MEETING NOTES C/i RPPRCJfU Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APALICANT NOTES INITIALS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 4R PROJECT NUMBER: ITEM TITLE: Award of Bid and Approval of Agreements for the Waste Wafter Treatment Plant Lab and Administration Buildings -Sid Packages 1 (Sitework) & 2 Fencing} to Alta Construction, Inc. and Cascade Fence Company, Inc. for the Not-To-Exceed Amounts of $380,293.00 and $22,850.00 Respectively MEETING NOTES ;=~~ hf¢0~6'ED Community ItemlPresentations Presenter Contact lnfo.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee t_. Holman, City Clerk, From: Keith V11atts, Purchasing Manager CC: Jacy Jones, David Allison Date: 9J5J13 Re: September 10t" City Council Meeting agenda Item The Purchasing Department respectfully requests that the following items be placed on the September 10 City Council Consent Agenda for Council's consideration. ~, Cascade Fencing, for the Nat-Exceed amounts of $380,293 and $22,850 respectively. Recommended Counci[ Action: Approval of Bid Award and Agreements in the Not-To-Exceed amounts of $380,293.00 (Alta Construction - BP1 j and $22,850.00 for Cascade Fence - BP 2. Thank you for your consideration. ~ Page 1 ~~iQ/rE IDIAN ~ Public ~ DA H~ C Works Department TO: Keith Watts FROM: David Allison Staff Engineer DATE: 9/5/2013 SUBJECT: Project Information; WWTP ADMINISTRATION LABORATORY SITE WORK CONSTRUCTION I. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Projec# Manager} 489-0370 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 11. DESCRIPTION Mayor Tammy de Weerd Clty Coansll Metnlborl~ !{eRh bird Brad Noaglun Charles Rountree Dauid Zaremba BUILDING AND A. Back rg ound The Public Works department has completed the design for new the Administration and Laboratory buildings located at the Wastewater Treatment Plant. Proposed Project The site work and utilities work far the new facilities are part of the first phase of construction for the new buildings. The proposed project will install the water and sewer lines, prepare the building pads for foundations, demo existing structures, prepare the site for the above-ground portion of the construction, and install and relocate necessary fencing. ALTA Construction and Cascade Fencing are the winning bidders with low bids of $380,293.00 and $22,850, respectively. III. IMPACT A. Strata is Impact: This project is aligned with the Public Works objective ofbeing opportunistic in planning far growth and infrastructure needs. B. Service/Deliverv Impact: The construction of these facilities will help serve the future growth and expansion of the plant and the needs of the customers. Page Y of 2 C. Fiscallmpacts: Proposed Construction Cast (3500-92000) $403.14b.00 IV. TIME C(}NSTI7AINTS Execution of fine attached contracts is critical in order to begin construction before the winter months arrive and cold weather construction costs arc encountered, V. LIST OF ATTACHM A. Contract Approved for Council Agenda: ENTS ick Date Page 2 of Z -" ~ TfiE { ~- Document A'~ 3~ - 209 Standard Form of Agreement Befween owner and GontraCfor,GanstructianMonager as Adviser Edition AGREEMENT made as of the 26th day of August iu the year 2413 (Irt Ivor ds, indicate day, morrih and pear _) BETWEEN the Qwner; (Name, legal status, address and other infarrnatian) City of Meridian 33 E. Broadway Meridian,lD 83b42 and the Contractor; (Nmite, Legal status, address and other irrfor•mation) Alta Construction, Inc. b19 N. Cloverdale Road Boise, ID 83713 for the following Project: {Name, location and detailed descri~tiora) City of Meridian Waste Water Tteatment Plant Improvements 3441 N. Ten Mile Road Meridian, ID 83642 The Consh•uction Manager: (Name, legal status, address and other irrfarvrratiotr) Beniton Construction Co,, Inc. P.o. BoX s3s Meridian, ID 83684 T1te Architect; {Name, legal statzrs, address and other- irrfar•maliotr) SPF Water Engineering LLC 344 E. Mallard Drive, Suite 354 Boise, ID 83706 Fot' Ilia purposes of this Agreement, the tel•m Engineer and Architect tray he used intercltangeabIy. SPF Water Engiueernig, LLC is the prune consuital~t upon execution of the~rifne Agreement with the City ofMeridian, For thepttrposes of this Agreement only, the ttse of the term Architect shall refer to SPF Water Engineering, LLC as the firm will bear all rights and responsibilities to perform the services provided herein per the teinis and conditions of the Prime Agreement. Johnson Architects, PC is the Architect of Record for the project upon execution of Consultant Agreement with SPF Water Engineering, LLC. ApDITIONS AND DELETIONS; The author of Ihls docurrtent has added information needed for i[s completion, The author may also have revised the text of the orlglnel AIA standard form. An Addltiotrs and Deletions Reporf that notes added iniormalian as welt as revisions to the standard form Text Es available from the author and should he reviewed. A vertical Ilne fn the left margin of this document indicates where the author has added necessary Information and where [he author has added to or deleted from the orlglnel AIA text, This dactrment has important legal conseyuances. Consuuation with an attorney Is encouraged with respect to its complst[on or modlflcalion, This document is intended to be used In conJunction with AIA RocumenlsA232i"' 2008,Genaral Conditions of the Contract for ConsUucllon, Construction Manager as Adviser Edition; B't32TM-2008, Standard dorm off~greemenl Between Qwner and Archtleot, Construction Manager as Adviser f;dltlon; and C432~--2009, Standard Form of Agreement Between Owner and Construotion Manager as Adviser. AIA Document A232~+-2009 is adopted In this document by reference. bo not use with other general Condlliohs unless this document Is modified. The Oumer and Contractor agree as follows. ,, AIA Document A132'"' -2909 formorly A101 *"CMa- 7992). Cgpyrlghl®1075,1980,'1992 and 20Dld by The American Institute aF Architects. All rights Ir11t. reserved. WARNING: This AlA~ Document is protected by U.S. Copyright Law and Intemattonal Treatlos. Unauthorrzed reproduction or disfributfon of this AfA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ! under the law. Tttls documenlwas produced by AIA software at 17:55:?.3 on 09ID3/2013 under prder No,1005957857`7 which expires an 01!14!2014, and Is not for resale. User Notos: (20D1361517J TABLE OFARTiCLES 9 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENTAND SUB5TANTIAL COMPLETION 4 CONTRACT SUM S PAYMENTS 6 D[SPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION pF CONTRACT pOCUMENTS 70 INSURANCE ANp BONDS ARTICLE 9 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Crnttract (General, Supplementary and other Conditions}, Drawings, Specifteations, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued a$er execution of this Ag•eetnent, a[[ of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto altd supersedes piiox negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor sha[I fully execute the Work described in the Contract Docurtlents, except as speeiftcalty indicated ill the Contract Doeutnents to be the responsibility of others. Bid Package #101: Sitework --Provide all labor, materials, tools and equipment necessary to complete the Sitework in accordance with Project Plans, Specifications, Addendum No. l and the Bid Form for BP ~1. Note; All required forms, information and insurances must be completed and subfnitted to Beniton Construction before comtnencemeltt of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subconh•actars, and any additimtal forms as requested in the specifications. Provide submittals elechonically if available, ar one (1) clean copy (able to scan}; sotxle exceptions ntay apply, Samples find color charts must be provided separately. Conhactor shall provide {2) full size copies of approved shop drawings to Benitatt. Contractor is responsible to pay alI applicable taxes, which are included in the conttaet price. Contractor is required to provide tltree (3) hard copies and one {I) electronic copy ofcloseout information (O&M Manuals, Warranties, etc.} and one (I}complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL GOMPLET[ON § 3.1 q'he date of commencement of the Work shall be the date of this Agi-eemept unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of cofl~merrcement, if it differs from the date of lhls /:tgYeenrent or-, applicable, state 117at the date -will be fixed in a notice to praeeed.J If, prior to the conuneucement of the Work, the Owner requires time to f le mortgages, mechanics' Bens and other security interests, the Owner's tune requirement shall be as follows; N!A init. AIA Document A132'"' -2808 ~farmetly A101 r"CMa- 7892), Copyright ®1975, 188g, 1 Bg2 and 20D9 by The Amedcen Instflule of Architects. All rights reserve®. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproducllvn or distribution at 2 this AIA Document, of any portion of 11, may result in severe civil and criminal penaglos, and wilt be pros®culed to the maximum extent posslbta 1 under the law. Thie documentwas produced byAlA soft.vare Eat 11:5523 on 09lQ3/2Dt3 Under Order No.1Q06957857 t which expires on 0111412014, and Is nv1 for resale. - User Notes: (2001361517) § 3.2 The Contract Time shall 6e measured from the date of cozntnencement. § 3;3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days froth the date of cainnzencement, ar as follows: (Insetl number of calendar' days. Alternatively; a calettdat•date nzay be used when caar•dinated with the date of commezzceinent. Ifappropriat~ insert r~gt~irerrterrts far earlier Subsfatttial Completion ofcet-fain pot lions of the Yl'ork) per Exhibit "C" Pardon of the Work Substantial Completion Date BP # I - Sitework August 3 ] , 2014 ,subject to adjustments of this Conh•act Time as provided iu the Contract Documents. (Iizsert provisions, if any,, for Liquidated damages relatitrg to, failure to achieve Substantial Completion on firne or for battus payments for early completion a f tl~e hark.) Per Supplstnentary Conditions ARTICLE 4 CONTRACT SUM § 4.'1 The Owner shall pay the Contractor the Contract Stun in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: {Check the appropriate box.} [ X ] Stipulated Sum, in acca•dance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Eee wi#Izout a Guaranteed Maxinztun Price, in accordance with Section 4.3 below ( ] Cost of the Vilork plus the Contractor's Fee with a Guaranteed Maximum Price, iu accordance with Section 4.4 below (Based on the selection above, complete Section 9.2, 4.3 or 4, 4 befax. Based on the selection above, also c©i'zaplete either Section 5.1.4, 5..1.5 or 5.1.6 belozt~J § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Three Hundt'ed Eighty Thousand Two Hundred Ninety Three and No/] 00 Dollars ($ 380,293.00 ), subject to additions and deletions as provided in the Contract Documents. Breakdowat is as follows: ~ New Administration Building & Operations Tenant Improvement - $243,082.00 ~ New 1r abaratory Building - $137,211.00 § 4.2.2 The Stipulated Stun is based on the following altezztates, if any, which are described in the Conh'act Documents and are hereby accepted by the Owner: (Stale the r~trmbezs or other identifrcatiotr of accepted alte177ates. If the bidding ar proposal cfacurrtents per~nit the Owner to accept other alternates subsegtrertl to the executio~t of this flgfeettzenl, attach a schedule of such other alternates shozt~irzg the at»aunt. for each and the date lvhert that amazmt expires.) NlA § 4.2.3 Unit prices, if any: (Identify and state the unit price, acrd state the quantity tintitations, if ar;1; to which the trait price will be applicable.) item Units and limitations Price per Unit {$11.00) N/A AIA bocumen! Ai 32T"` -2889/ltormerly A109"'CMa - 99921. Copyright ©1975, 1980, 9992 and 2009 by The American Inslifu[eofArchitects. All rights init. reserved. WARNING: This AlAtO Aocumanl Is prolacted by U,S. Copyright Law and Internatlanal Treaties. Unauthorized reproduction or distrlbullon o1 this AIA® Document, or any portion of N, may result In severe civil and cirminal penalllss, and will be prosecuted to the maximum extent possible ~ underlhe law. This document was produced by AIA software at 79:55:23 on 09t03i2013 under Order No.1005957a57 9 which expires on 0111412014, and Is nol For resale. User Notes: {2001361517) § 4.2.4 A.Ilowances inetuded in fire Stipulated Sum, if any: {Identify allotsurnce acrd state exc•Itrsions, if any, from the allowance price.) 1#em NIA. Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted ps it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragr•aplf deleted) (Table deleted) (Paragraphs deleted) § 4,4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does net apply to this "Stipulated Sum" contract (See Paragraph 4.2) {Paragraphs deleted) (Table deleted} (Paragraphs deleted) {Table deleted) {Paragraphs deleted) A12TICLE 5 PAYMENTS § 5.9 Progress Payments § 5.9.9 Based upon Applications for Payment submitted to the Consttttclion Manager by the Conhactor, and upon certification of the Project Application and Project Certificate far Payment or Appliea4on for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sutn to the Contractor as provided below and elsewhere in the Counact Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.9.3 Provided that an Application for Payment is received by the Construction Ivlattager not later than the 25th day of a month, the owner shall make payment of the certified amount in the Application for Payment to the Contt•actol• not later than the 30t1t day of the following month. if an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner net later than sixty (60 }days after the Construction Manager receives the Application for Payment. {Federal, state or local laws may require paymc~rrt within a cerYdirl period of time.) § 5.9.4 Progress Payments Where the Contract Sum )s Based on a Stipulated Surn § 5.1.4.9 Each Application for Payment shall be based ott the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entice Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Consri-uction Manager and Areltitect may require. This schedule, unless objected to by the Consruction Manager or Architect, shall be used as a basis For reviewing the Contraotor's Applications for Payment. § 5.1,4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment, § 5.1.4,3 Subject to the provisions of the Contract Documents, the amount of each progress payrrtent shall he computed as follows: .9 Take that portion of the Canttact Sum properly allocable to completed 'Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 ATA Document Ai32TM -2099 Formerly A101"'CMa -- 7992]. Copyright ©7975, 1380, 1992 and 2008 6y Tfie American [nslilu[e of Archlfecls. Ail rights turf' reserved. WARNINGc This AIAi Document is protected ay U.S. Copyright Law and Internallonal 7reatfas- Unauthorized reproducllon or distribution of this AlA® Document, or any portion or it, may result in severe civil and criminal ponaltles, and wiU 6e prosecuted to the maximum extont passible j under the law. This document was produced by AIA sotivuare at 11:5523 on p9/03r2013 under drder t1o_9005957857_1 wi~lch expires on 0 1 /1 4120 1 4, and Is not for resale. User iJotes: (20D1361517) %). Pending final determination of cost to the Owner of changes in ]Ixe Work, amounts not in dispute may lxe included as provided in Section 7.3,9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials anti equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stared offthe site at a location agreed upon in writing), less retainage of five percent { 5 /o); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided iti Section 9.5 of the General Conditions. § 5.9.4,4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be fui'fhcr modified under the following circumstances: .9 Add, upon Substantial Completion of the Wark, a sum sufficient to increase the total payments to ninety--five percent (95 %) of the Contract Sum, less such amounts as the Canstnrctiott Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor-, arty additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.9.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completionz of the entire YYark, to recJuce or limit the retairtage resultizzgfrvm the percentages inset red in Sections 5.1.x.3.1 trrzd 5.1.4.3.2 above, and this is riot expJaizted elsewhere in the Contract Docuznezzfs, insert here pt ovislorts far such redxiclinrz or limitation.) ~ 1v~A § 5.9.5 Progress Payments Where the Contract Sum is Based an the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Siun" contract {Sea Paragraph 5.1.4) Paragraphs deleted) § 5.1.6 Progress Payments Where fire Contrast Sum is Based on the Cosf of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum'r contract (See Paragraph 5,1.4) (Paz'agraphs deleted § 5.2 Final Payment § 5.2.1 Final payment, constituting tlxe entire unpaid balance of the Conttmct Sant, s1tall be nxade by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to cazreet Work as provided in Section 12.2 of AIA Document A232 2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor Ixas submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Deterrrtination of fine Cast of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final paymezrt shall be made by the Owner not mare than 30 days after the issuance of the final Certificate for Payment or Project Certificate far Payment, or as follows: ARTICLE 6 DISpUT1: ftf;SOLUTfOH § 6.1 Inlllal Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 afAIA Document A232 2009, unless the parties appoint below another individual, not a pa,•ty to this Agreement, to serve as Initial Decision Maker, AIA pocumonl A132T'" - 2809 formerly A107'°6CMa- 7992}. Copyrlghl ©1975, 1900, 1992 and 2D09 byThe American lnsiirule of ArchlteCls, All rights fn]t. reserved, WARNING: This AIA Document is protected by U.3. Copyright l.aw and International Treaties. Unauthorized reproduction or diglribution of $ ibis AIA° nocurnent, or any pofion of it, may resu7l fn severe civil and criminal ppnalries, and wilt 6e prosecule$ to the maximum extent possible t under the law. Thi9 documeniwas produced by AlA Software al 17;55:23 on 09/0312073 under Order fao.1DD5957857_1 which expires on 0117812074, and Is not Tor resale. User No1CS: (2D07367577) (7f the parties nratlrtal!>> agree, insert the naive, addl'ess And other' contact lnfpY7nallOri Of tl7e Inifral Decisipn MaICeY, if ptl~er than the Ar-clritecl.) § 8.2 Binding bispute Resolution par any Claim subject ta, bttt not resolved by, mediation pursuant to Section 15.3 of ATA Document A232 20Q9, the method of binding dispute resolution stlall be as follows: (Cheek tlae approprr`ate boa;. If the Q~s~ner grad Cprrh•actor do riot select a rrretlrod of binding dispute Yesplartion below or da not slrbseguently agree in x~•iting to a binding dispzrte resolution method other than litigation, Claims will be 7~SOIVed by IitigatrOn 1n a COirrt Of cortrpetent jarrisdiction.) j ] Arbitration pursuant to Sec#ion ] 5.4 of AIA Document A232--2009, [ X ] 1.%tigation in a court of competent jurisdiction. [ J Other: (Specify) ARTICLE ? TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Stfm § 7.9.9 The Contract ynay be terminated by the Owner or the Contractor as provided. in Article 14 of AIA Document A232 2009. § 7.9.2 The Work may be suspel>,ded by the (3wner as provided in Article I4 of AIA Document A232 2009 § 7.2 Where the Contract Sum Is Based on the Cost of the Wark with or without a Guaranteed Maximum Price ( This section ltas been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.i) \. (Paragraphs deleted) ARTICLE 8 MISCELLANEOt15 PROVISIONS § $.9 Where reference is made in this Agreement to a provision of AIA Docutent A232 2t}tl9 or another Contract Document, the reference refers to That provision as amended or supplemented by other provisions of the Contract Documents. § $,Z Paytnen#s due and unpaid under the Contract shall bear interest front the date payment is due at tli!e rate stated below, or in the absence thereof, et the regal rate prevailing from time to time a# the place where the Project is iocatcd. (Insert rate of interest agreed upon, if any.) Zero percent (0°!0) § 8.3 The Owlter's representative; (Nan1e, address aaad ptlaer infarmatiort) T3eniton Construction Co., Inc. Bryce parker P.O. Box 838 Meridian, iD 83680 § $,4 The Contractor's representative: (Name, address and olher-inforrrration) Alta Construction, Inc. Erik Ma#hiason 6] 9 ~. Cloverdale Road C Boise, ID $37]3 AIA Document A132 Ttl - 2009 formerly A101 *NCMa --1892). Copyright ©197G,1080, 1992 and 2809 by Tha American instliule of Architeots. Ail rights lair- reserved. WARNING: This A1A Document is protoctad by U.&. Copyrl0ht Law and tnternallonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of tt, may result In severe civil and crtminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AfA software al 11:55:23 on 0 910 312 0 1 3 under Order No.3005957t767_1 which expires on 01/'[4!2014, and is not far resale. User Nales: (2001381517) § $.5 Neither the Ownet's nor the Contractor's representative shall be changed without ten days written notice to lets other party. § $.6 Other provisions: N/A ARTICLE 9 ENIJMERATiON OF CONTRACT DOCUMENTS § 9.1 Tl>.e Contt•act Documents, except for Modifications issued after execution ofthis Agreement, are enumerated in the sections below § 9.1.1 The Agreement is #his executed AIA Document A132 2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9,1.2 The General Conditions are, AIA Document A232 2009, General Conditions of the Contract for Construction, Constructio>a Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Paragraphs deleted) Contract are those con#ained in the)Pt'oject Manual, per attached Lxhibit "A". § 9.9.4 The Specifications; (Either list the Specificat7ons here or refer to an exhibit attached to this Agt•eetnent.) Per Exhibit "A" (fable deleted) § 9.9.5 The Drawings: {Either list the Drawings here or refer to an exhibit attached to this ~2greenrerrt.J Fer Exhibit "B" (fable deleted) § 9.1.6 The Addenda, if any: Number Dafe Pages Per l;tchibit "A" Portions ofAddenda relating to bidding regniren~ents are not pa-t of the Contract Docwnents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Conri•aet Docutnen#s are: .7 jParagraphs deleted Other documents, if any, listed below: (List here arty addifiotaaJ docttrnents mhich are intended to form pm-t of the Co»tj•act bncarnrents_ ~tIA Docarn~e>7tAZ32 2009 pt ovides that bidding regtait'ements sarclt as acit~er'tiselttettt o~^ invitation to bid, Instructions to Bidders, sampl e forms and fete Cotttractar's bid m e not part of the Contract Dacartrre>xts xnlless entnr+erated itr this.ilgr eemetat. They shozrld be listed here and}j if intended to be earl of the CoittractDacurnerrts) ~ Exhibit "I" and Sample Certificate - vtsurance Requirements * Request for Caniraat Iuforma#ion * WH-5 Fortn ~ Ailidavit Concerning Taxes * Application for Payment at>d Schedule of Values ARTICLE 90 INS{JRANCI_AND BOND5 The Contractor shall ptuchase and maintain insurance and provide bonds as set Earth in Article 11 of AIA. Document A232-2009. AIA Document A132TM--2809 Formerly A404TMCMa --1992}. Copyright ©7975, 1980, 1992 and 2009 by The American tnsiilule of Architects. All rights lnlt' reserved. WARNING: This AIA Document Is protected by U.S. Copyright 1.aw and International Treaties. Unauthorized reproduClloh or distribution of this AiA® nocument, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t Under thn taw. This document was produced by qIA Software a[ 11:55:23 on 09t03/20i3 tender Order No_100595T85t_1 which explros an 0111412014• and Is not for resale. User Hotas: (200136'1517) (Stole bonding regt~irernenfs, if and; and limits of lrabilil7r for- rns¢f1 once r"cguired in /lrttclc 11 aftll4 Docat>"nent ~tz3z-zo~9.~ Type of Insurance or Bond Limit of l.iabifify or Bond Amount ($4A0} Insurance per attached Exhibit "I" Payment & Perfor~uance Bands 100°I° of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) Tliis Agreement is entered into as of d>.e day and year fast written above. OWNER (Signatcr RACTOR (P~inted me and title} ,~~~ (Printed name and title) ~ AIA Document A732"` -- 2889 iarmerly Ai01 FMCMa -- 7992). Copyright ©1975, 7980, '}892 and 2009 by Th©Amerlcan Institute of Archltecls, All rights hilt. reaorvede. WARNING; Thls AIAi Document is protected by U.S. Copyright Law pod International Treaties. Unauthorized reproduction or distribution Or this NA Document, or any portion aF l!, may result In severe civil and criminal penattles, and will be prosecuted to the maxunum e~lent possible t under the law. This documehl was produced byAlA software al 11.-55:23 on 09!03/2093 under Order No.9 0059 578 57_9 which expires on D917 412 01 4, and Is hot for resale_ User Notes: {2009369597) City of Meridian - VU'aste Water Treatmen# Plant Improvements 340 N. Ten Mile Road, Meridian ID 83642 Exhibit "A" BIDDING INSTRUCTIONS Invitation to Bid 1 Notice to Bidders q, AIA A701 instructions to Bidders 6 Supplementary Instructions to Bidders q. Bid Forms Table of Contents 1 Bid Forms ~ Project Schedule 3 AIA A 132 Standard Form of Agreement Between Owner and Conxractor S Supplement toAgreexnent 2 A7A A232 General Conditions of the Contract 43 Supplementary Conditions ~ Exhibit I -Insurance Requirements ~ Contractor's Affidavit Concerning Taxes 1 Public Works Contract 'pax Report (WH-5) 2 DIVI5I011T 1-GENERAL REQUIREMENTS 0110x0 Summary of'Work 2 012900 Price and Payment Procedures ¢ 013100 Project 1Vlanagement and Coordination 4 013300 Submittal Procedures 2 SubxRaittal Form 1 014200 References c} 014500 Quality Conh•ol 3 015000 Texx-porary Facilities and Controls 9 016000 Product Requirements 2 FORM Srtbstitutio~~ Request Form 1 017300 Execution b 017329 Cutting and Patching 3 017700 CloseoutPracedures 4 F©R1VI Receipt of Extra Stock Items 1 DIVISION 32 -- EXTERIOR TMP120VEMENTS 323113 Chain Link Fences and Gates APPENDIX Geotectu~ical Engineering Lvaluation by Strata dated March 6, 2013 29 ADDENDA Adde~xdum No. 1 City ofi Meridian - Vllaste Wader 1`reatment Plant Improvements 3401 N. Ten Miie Road, Meridian, ID 83642 ~xhibi# "B" CONSTRUCTION DRAWINGS SHEET #~ Df=SCR1PT1ON DATED ESC1 ESC1 SWPPP Site IVfa 08/19/2013 V1.1 V1.1 Existin To o ra h -Lab Buildin 08/19/2013 V1.2 V1.2 Existin To o ra h -Admin. Buildin 08/1 9120 1 3 S1A1 S1.01 Lab Foundation Plan 08/19/2013 S 1.02 S 1.02 Admin. Foundation Plan 08/19/2013 AOA A0.0 Cover Sheet ~ 08/19J2Q13 C1.1 C1,1 Construction Notes & Abbreviations 07/19/2013 G1,2 C1.2 Overall Site Plan And Le end 0711 9/20 1 3 C1.3 C1.3 Existin Conditions & Demo Plan -Lab Buildin 07/19/2013 C1.4 C1.4 Existin Conditions & Demo Plan ~ Admin. Buildin 07/19/2013 G2.1 C2.1 Dimensioned Site Plan -Lab Buildin 07/1912013 C2.2 C2.2 Dimensioned Site Plan -Admin. Buildin 07/1 9120 1 3 C3.1 C3.1 Gradin Plan -Lab Buildin 07/19/2013 C3.2 C3.2 Gradin Plan -Lab Buildin 07/19/2013 C3.3 C3.3 Gradin Pfan -Admin. Buildin 07119/2013 C3.4 C3.4 Gradin Plan -Admin. Buildin 07/19/2013 C3.5 C3.5 Draina a Pond Details 07/19/2013 C4.1 C4.1 Utilit Plan -Lab Buildin 07/19/2013 C4.2 C4.2 Utilit Plan - Admin. Buildin 07/19/2013 C5.1 C5.1 Givil Details 07/19/2013 C5.2 C5.2 Civil Details 07/19/2013 C5.3 C5.3 Civil Details 07/19/2013 t 1~ ~ C ~ ~ O ~ O Z U : ~ r ~ 6 ~- ~ ' ,G ~ ~ '~ V ~ o m O ~ D .:r-, N - as G ~ 1.~ 7 , t-. l0 L). [L (} d ' Y ~ O ti a O U ; Q. ~ ~ r ~ N : Q. m tea ~ F O ~ 0. ; cC -o ~ m ~ ° ~ ~ U O • 4 ~ U Q CD i _ 'w. O X sZ = r' N Cfl ~ O ~ N ~' m l D ` ~ 4~ r ' N ~ r ~ ~ ' c s2. °' G •~ r ~ m : N C ~ {Tj ~ Is ~ : G ~ u' o . 0. : p C1 p N ~ : m ~ o :a o rri ..~ ~ ~ ° ' __ ..- 1 r ------- - - . Q'4 ~ ~ r' M rs r m~ M' M r "~ `~ , ~ r M m c7 ch c+s M r ~ ~, ~ r 1 1 r r 1 r 1 r ~ r r r r r r Q ~ ~ : Q R : 0 U) - ~ fn Q Z Q ~ ~ - ~ ~ Z Q z ~ ~ r r • ~ ~ r~ N N O M`~ N t~ N ~ O O M ~ N ~ N !~ '~t W p CI r O t+~ r s~] O r N ~ O O r r ~ Cry Q Q' Q Q Q~ " ' 07 ~' ~ m m m M M M M co m M M t~7 ~ ,~,~ . m c~ d. c4 m I Q1 (b 7 7 ~ ~ ~ ~ U=) -~ * N • ~ Q f'~ ~ Q 7 ~. 07 O f - ' ~ ~ ? N QJ .a p ~ WO N - ~ r ~ - It J ~ C N (y'S ~ N' N • 6] _ O • O N 'd' O h i'+ O r M m 0 t7 O tO ti cri O c'7 N ~ O N w ~ „~ V - \° \ O O o O O Q r r \ 0 c 0 a° 0 u o ` o ti 0 0 0 d O o 0 0 p Q t7 : 0 o i 0 0; O ,- ~ ~ ~ C .. , ~ N ~ ~ .W _ ~ ~ ,a, ~ W r ~ !.. . ~ O N In ~• r M 00 N N 117 O N lY) - p7 t0 ~ O O a] O . 0 ~ r V ~ V ~ ,~ w U U N O Q ~ ~ tU ~ C L ~ Q CO ~•". tj U: 3 'o ~ E' E ~! W rn ~ . -~ c^ ~. ~ o y o ~ v ° ~ 7 ci ~i °" ~ , D ~ ~ m ~ ~ F ~ 01; ~ ~ ~ ~ ~ h Z Z 7 d p. 'a u2 (]' a1 c-Yi N ~ pC •o ~ i ~ 1 I ~•m ~ N ~ r ~ ~ +s C l0 ~ ~ U E. r 't7 a . !/J o ~ L o. ~.Vj o ~N'~ ~ U .o i ~' "i.0 Q, N Q fZ Q. Q LL W ~ O !Z ~ ' c N N , ~ ~ aO . r Q r O D. ~ N ' m ~ tv Z ~ } m " ~ a ~ ~ •~ ~ c ro vi N ~ ', N ~_ ~ 'c iJR (~ - U m F'- O ~ O ~ ~ f i ~ Q u' Ri ~ ~ ~ O ~ a = C - ~ ~ ~ ~ - ~ a~ ~ ~ °~ ~ w m . ~ - ~ Q ; s ~ m o o c o c o ,~ ~ ~ °' m - ~ ~ _~ 7n to m ~ ~ r i) m in ' ~ ti ~ C 7 .~ c- i t7 oC , ~ ' O ~ ~ ~ r o 3 ~ + ~ ` ~ ~ o- R K w - . ~ r N a a~ o tp ~ • ',~7 V ,~ l7 !D O fy+,1 O O ~ O O C7 O O I.n Q 4 ~ - +~ Y ~ e a • GI C tt] (D 1`~ ~ O r ~ o 0 o L T r +~ ~ ~ O r M V' tin 4n t0 1*• ~ o 0 o a o 0 0 0 O , ° C ~ c \ ~ ~ ^p ^p~ ~ r r r C Q d ~ r Q r Q ~ o ~ r r r r CI t9 (~ C7 C7 C r r r 9 C9 t7 ~ •~ m m m V 4. . (17 _ ¢ ~ ~ . ~ ^ O ~U3 Q 5 ~> ~ r~~ ~ ~ Q ~ ' ~ ~ £ . ~ ~ C O i ~ L C ' N ~ ' Q 'X . C ~ . Q ¢ ~ , ~ ~ ~ ~ ~ " , C C C . ~a ~ Wi ~ ~ SO ~ tD ~ ~ ~ f0 ~ (f) ~ ~ O ~ ] L . V Q N ~ (O ~ ~~~ ~ ~ ~ :~ ` c ~o 'o ~~ ~- ~ .p ~ .J U n ~,~ m a~' ~U c O ~; ~ ~ ~ ~' `` _ N .... ~~ ~,ih a v ~ o w~ o n ax '.~~~ ~ o ~ to ~ ~ to ~ ~ df ~ . Z .~ w w Qr % a ~ to ~ m ° ~ z ~ ro N ; c - m ~ ~ iV ~ Gp ~ 'v ,~ ~ ; ~, • .. - cn M t+a M M M 'd' ~ dry M t*i M M ' M M M cn - ~ ~ ~[" d' tt ti ~'i o ' o ~ = . O O 0 Z 7 o •Z o. Z h o. . Z'~' N Q ¢' ~ L O r o:o ~,~ 0 Z V o Z D a 2 ago o •Z .z Z " r ~ a: Q' ~ Q. aC p o ~ ~ ~ o V~ 0 4 Cfl o N C ' r }T C7 C7 tD ' N 7 ( `~-' • r [o O O ' C7 C O I~ r , ~ - C+ - C '~' r ~- r N O r 1 ; r Q. r Q N a ~'1 M M. tq ('~ M a' V M M fh M C3 M M M M. ~' ~• . M M v ~i o v~ o o'ro~ : '~i ~ o 0 0 0' ' ' +~ ~ . o D' . z • o ~ z ~ o. ~ . a . o z- z z z 0 0 0 z z z ~ o.: ¢ o o z z ~ ~ ~ ' N ~ SV ~L~ W ~ S , r- c5 Q 1~ ~ v 'y' lf? O . . Ob ~ N ' ~ . t~ O : '~' r In efi ~ O N ~- N . CJ - N r O r O 0 0 0 p r' O N r r N N N ( I ~ \ ~ . .~ I~ o Op o q'~ ~ 4 D o O Q Q C! l? Q O Q O t[) N tt5 M M to u? W 3 O N U ~ O ~ (~ 1 C N ? .~ ~ Q ~' ~ ~ ~ E c ~ a~ 'p ~ ~ •~ N = 'a rn : U c ;a (.~ . N ~- ~ j Q ~. o ~ ~ ~ ~~ ~ ~ n. rn. v Q C ~ ~ ~ ~ ~ ~ as m v ~ ~ ~ ~ '>` to . C7 m ° ~ 2 o n. ~ N M ~ t~ O pr V zI' ~-' C' V' ~ ~} r r r r r r r c~cscryc~t~c~o 0 0 0 ~ o~ o o e o a a o a o 0 o a o'o 0 ~ M r N M. N Q. m ~~~~ ~ M ~ r r ~ _ ~ O .~/ ry V W m .~ 0. • ~! ~ :6 N 'J-+ . U ~ d ~, ~ ~ ~ ~ a ~ ~ : 1!l _ N ~ ~ ~ m ~ C ' ~ o °' d~ o ~s' - "~ e p ~ " ~ ~ '~ ~ t a ` ' E ' 't7 o L1 ~ ' ' : C) ~ ~ m v d! ~ ~ ~ ~` m o 'S .n ~ ~ w ~ ~ ~ N U ~ ~ U ,O 1 t .. ~ ~ ' ~ A - ~ y+ N l Q U ~ u~ .~ 02! w s ~ ot( 1 p ' N Q~ a' ~' ~ r ~ C c ~ ? c n > ~ ~ c . c m of ~ o ~ ~ z . za ~- ~ ~a ~. ~ w a a ~ ro ' rn C7 N ~ m ~ <o [V <C 00 [L a. ~ m . ~ o z t9 m ~ ? ^ n a n o C3 z Q ~ rN d en N xn o u~ 0 0 o I ~ ~7 C N N N N c +1 N N N ~ 17 M ~" o ~ z a C7 (3 C3 c7 C7 t7 C~ C9 C9 U C9 CQ 'a ~ C> ~ • z LLi ti. M Cf1 .~ U a N !U N a 0 .~ C O N ca s'~. o C _ C 40 ~ EXHIBIT "I" INSURANCE REG~UIREMENTS FQR WORKING ItVIT>-l BENITQN G{?NSTRUCTION COIUIPANY AND CITY OF MERIDIAN Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability_{ISO Form 000001 (14/Oia or Equivalent) + $2,000,000 Genera! Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Eaeh Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses -Each Person o Limits must be an a "Par Project Aggregate". a City of Meridian and 8eniton Construction Company must be listed as additional insured (ISO form CG2010 (11185}, or CG2010 (t O/01) and CG2037 (10/01}, or Equivalent). A copy of the endorsement adding Senfton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Employers Liability Insurance • Statutory Limits • Employers Liability o $100,000 Each Accident o $500,000 Policy Limits o $i 00,000 Each Employee Excess Liability • $1,000,000 {An Umbrella policy may be used in combination with other policies to provide coverage specified} far Arahftects, Engineers, Surveyors, & Tenting Firms; Professional Liability (Errors and Omissions) -Continued for Two U Years After Project ComAletion + $1,000,000 per claim and $2,000,000 aggregate far annual claims made coverage OR • $1,000,000 project coverage - Certificate of Insurance must be project specific. - Please provide written documentation in regards to your insurance contract{~} cancellation terms. - Insurance is to be Primary & Non-Contributory to any liability insurance carried lay 8eniton Construction Go., Inc. and City of Meridian. - Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. /~-~•~•D~~ 4~~~~f~ry{ _~~~ ~~ ~~~~~~~"~~ ~~r~~,\~~f4~ UATE {MMIODIYYYY} THIS CERTIFICATE fS ISSUED A5 A 1VIATTER OF IKFORMA710N ONLY ANp QONFERS NfJ RIpHT3 UPON THE CERTIFICATE HOLDER.. THIS / CERTIFICATE pOt=S NOT AFFIRMATIVELY OI2 FIEGATIVELY AR7END, ExTENp OR ALTER TH!_ COVERAGE RFFORdED BY THE PDLICIEB (` BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COAlSTiTUTE A GgNTRACT 9ETWEEN THE ISSt]lNG 3NSURER(S), AUTHORIZED Ftl=PfiESEN"FATIVE OR t'RODUCEF(, ANt) THE CERTIFICATE iIOLD)~R. IN'IPORTAMT: Ifi the C@r#ificate holder is ap ADDITIONAL INSUkEp, the pollcy(las) must be endorsed. If 5Ut3ROGATION IS WFiiVa=!}, subject to the terms and candlt3oRS of the policy, c8ltaftt policies may require an endorsement. A statement on this certificate dDes ffgt c4n(er rights to the Certifleate holder in lieu of such endorsement(sj. PR9UUCER CONTACT NA7AEr PHONE ------- - _~_.. .--- Producer's Hartle and address E~AAIL I AC No1_ gp~RE55: - - __ INSURER 8I AFFORDING GOVERAG~ -----`-_ NAIC%`- .---._- ~- - -- . -..- - -------. .. .. __~...... --_- --_,-- -,-• ,IN$UREfiA._, Issuing ~~aDy: P,M SEST A- Dr 8eiter INSUREO 1NSUREftB~ -.. _-- ----•--'---.---- _..~.'..,. _.....____.__.~. .___.. [NSUFtER a : _ _ _ • Subcontractor name and address INSURER p; J INSURER E i COVEl~ACyES CERTIFICATE NUMBER: RE UMBER: THIS !S TO CERTIFY THAT THE PQLICIE$ pF INSUIRgNCE LISTED SELQW NAVE BEEN ISSUED TO THE lNSUREp N BI]VF- F F P/ll If V bCl7lnn mi ninnvcn .,n:,..~-. ~..Y..,..~.,,. . ° C -- °-•~---- ++ i}c~eu,r~cn•~c ERTIFICATE MAY OIz fS5UE0 OR MAY PERTAIN rer, 1LftNl VK GVryUI IIUN OF ANY CONTRA THE INSURANCE AFFpRDEI] BY THE P TOR OTHER DOCUM TH CT TO W11CH TH15 E , XCLU910N5 ANG CONDITIONS OF SUCH POLICIES. O LIMI`r5 SHOWN MAY HAVE BEEN REDUCED DESCRIBED HEREIN TO /ILL THE TERMS. D LTR I TYPE OFINSURANCE I cY EPF ~ CLAIMS. CYE%F ' --~---- ~ ~ l GE=NERALLAeILITY I , POLICY NUMBER M~p LUAITS f X Si GUMhfE1TG1A1 G~NERAI idABILITY ` EACIi ENCE j S 1.Cj0o,a~0 _.._.v_ _ ~~6Ab1 ~AE'R7Eb`-`-~-1---"-- . . f ~ ~ r ~ ~I " I ^ cLArr,,s-~nADr_ X oceuP ~ , ~ PR ..-IEna«urce,7c~,~-_ -S 100 DQQ_. _--- ^ - `_ I~ . ~- - i ~ _Xp IAny onop~rannl 5 10,000 4 - _ ~ t r - !!! Curfent pollcy# OS101/ -- - ---- - 08/01!2012 -- - _..._ _ kSONALBAOVIt~JURY 51,d000QQ J _ ___ GENERALAGGR6GATE 5 2,000,000 GEN'LAGOREGRTElIhIfTApPLIESPI:R: ! POLICY K i PHQ" ( -t • I PRUDUCTS-CflN1PlDPAGG ~* >= T I {LOG - ' S AUTOMOBILE LIABILITY ! ~~ C r FI,f 61N(i1 Mn" ; ~ SEaacc3uent}.--•`- S tOOQO 0 + r ANYAUTO ALIOWNED __ r SCH[DVl.CD - , - UQDlLYINJURY(PnrpBr9on) ~ ~~__. 5 ,_,.,IAVTO5 ,_ AVTOS I rvoN~ov+taEfS # 1!2071 09J41l20i2 9polLYINJURY(PeraccJdeplj S _ --I IiiREU gUtpS AU70S ~ PriOPEftTY UAY.iF~(3E ' - ~- '. - . -- . , Per PLC II 7 i i 1 ) X UM9RBLrA LIAf3 i I i 7{ OccUR ~`' 1---~ ;+ ~ E%CESS LU{B I I" CLAIMS-negD Curreht pot : 09/01!2011 09147/2012 EfiCHOCCURRENCE s 1,OOD,000 ~ ^-- .J ..-- - - Dlsn ~ gGGRE4ATE S 1,QOO,DOO --__._--.- --.-. _ -----..-_--- R~rENTlorvs WORKEhS COMPENSATION S ANOEMPL6YERS'LIABILITY YtN I ~ A IY YvC ST U- QTH-~ '-x` ~OR.Y_~11dLI5.~.__.--~-~ ' P PROPRIETOfUPARTNERIKJCEC;UTfVE OPFICE/NLMBCR E%C4UPED7 ~ N t nt po + 09lD1I2011 091Di12412 . -_.-'-". -'. ~-.- .k I. EACI~I ACCIp[NT ~ 5 1,000000 (Mend story in NN) - It yea,desuibc~nder _ EL_ DISEASE - EA EMPLOYE - S 1,000,OQ4 _ __ ..,. _.... ._ _ I E.L. [ASkA9E • Aa~ICY LIMIT S i ,OD0,400 i i flF-SCRIPItON OP OPElt97YON N91 VEHICLES ACh AG4RU 1Q'I, Addlfional Refnarks 5chesfale, If mum SpacB i9 r0g41red} Re: City at' Meridian West Wate atment Punt [rnprovements. City of Meridian and 8eniton CanstructiDn are listed ITS Additional Insured p erclal General Liability couerage On a primary and non-egntributory basis reyarding above pTnjec[ provided by farm , CG207010101 and CGL03710101 (or equ}ualent}, Waiver of Subrogation applies ih favor o(the 8eniton t;onstruciian Company, inc. and owner (except WC}. 3Ht1ULD ANY OF THE A90VE DESCRIBED POLICIES BE CANCELLED $EFORE THE E%1'IRATION DATE THEREOF, N071CE WILL BE QELtVERED IN Seniton Construetinn Company, lnC. ACCbRDANCE W1TH THE POLICY PROV15[ONS. P.O. Bnx 838 RUTH 0 R1ZE01#EPRE5EN TAT7 VE Meridian, ID 83680 r3rlgtnal 5fgnature . ~~~~ - ^. _.. O 1966.2014 ACORD CQRPOFZATfON. Atl rights reserved. ~+-+++~+~~i ~ rte n~.vrSLJ name ana toga are regl5ter0U marks OT ACgRD Meridian Gity Council Meeting DATE: September 10, 2013 ITEM NUMBER: ~q ( PROJECT NUMBER: ITEM TITLE: Present Volunfieer of the Year Award to Tom McKinstry MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes \. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 5B ~ PROJECT NUMBER: ITEM TITLE: Urban Parking -Discuss Potential Changes to Parking Policies and Standards in Downtown, and Traditional Neighborhood Districts MEETING NOTES ~ Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TQ AGENCY SENT To APPLICANT [MOTES INITIALS September 5, 2013 MEMORANDUM TO: Mayor Tammy de ~lVeerd Cifiy Council Members CC: City Clerk FROM: Caleb Haod, Planning Manager C~" RE: Urban Parking September 10, 2013 City Council 1Narkshap Agenda Item In 2007, the City and the Meridian Development Corporation (MDC) both agreed to adopt policies allowing new development downtown to pay a fee in lieu of providing some of the city- required on-site parking (the UDC requires 1 stall for every SOfl sq. ft. far commercial type uses.) In the almost six years since these policies were adopted, not a single developer has paid the $10,040Istall fee in-lieu of parking. Further, except for city hall and the VRTICOMPASS buildings, comparatively little new square footage has been added downtown. Not to put all the blame on the in lieu parking policy (there was a recession during that tune), but staff believes the in lieu policy and the current parking standards are bar7iers to investment downtown. Below are some issues and observations about the in lieu parking policy. The City's in lieu resolution limits alternative compliance options within the Urban Renewal Area (downtown) to an in lieu fee only option, with parking compliance required through either on-site or in lieu fee solutions only; other alternatives are disallowed. Additionally, through the policy statement referenced in the MDC resolution, on-site parking is still required for 50% of the required spaces. This restriction does little to help development with higher floor area ratios (FAR) and smaller sites. The in lieu system turns out to be more restrictive and less flexible than standard alternative compliance options allowed in the UDC throughout the rest of the city. The current in lieu fee price-point is seemingly more geared towards private-public partnerships in the creation of parking structures (~$12 to $15k per stall), but does not guarantee provision of actual facilities. The policy also requires funds be spent within a 29-month time window. Even if the in lieu policy were kept and enforced, it is unlikely that enough fees can be collected to provide intended services (parking spaces/garages.) Combined with other typical impacts and Community Development Department . 33 E. Broadway Avenue, Meridian ID 83b4z Phone zo8-884-,g33 .Faxzo8-888-b85t~ . www.meridiancity.org Page 2 costs for infill development, the policy is fimctianally a f nancial disincentive to develop in downtown. In addition, the boundaries in both the City resolution and MDC Parking Policy are unclear. The City resolution references the "Old Town District," while the MDC description applies the "City Core." This discrepancy is noteworthy because most of the Transit Oriented and Cultural Districts of destination Dou~~~lors~n are intended to have the highest density levels, yet are Largely not covered by the described areas. Further, City Code is currently silent an the in lieu fee system, causing confusion for parties interested in parking options and alternatives as they look to develop properties downtown. While discussing potential parking policies and standards downtown, parking standards in other mixed-use or traditional neighborhood districts around the city also came up. One school of thought on surface parking lots is that they are inefficient, unsightly, and counterproductive use of space in a downtown or rr~ixed-use setting where higher density development is desired. Parking uses land area that could be utilized for additional building area (and tax base), recreational and social gathering spaces, or other private public or private uses (think outdoor dining areas or courts). The City's current parking policies and standards {attached} reflect dependence on the automobile and are probably appropriate for mast areas of the City. However, in Old Town and other parts of the city where traditional neighborhood design is envisioned, a lesser parking requirement may be appropriate. Earlier this year, the MDC Board voted to rescind their 2007 resolution and associated in lieu { _ policy far downtown parking. During the September l0`" workshop, staff would Like to discuss with Council rescinding City of Meridian Resolution No. 07-583 (attached} and discuss the policy implications of doing so. City staff has met with the MDC Parking Committee, and will meet with them again on Monday, September 9`''. Staff will update the Council on those discussions and present options for how City Code may be amended to address parking standards in not only the downtown, but other traditional neighborhood districts citywide. Attachments: l} City Resolution No. 07-5$3 2} MCC l l-3C -Off Street Parking and Loading Requirements ~. Attachment 1 1. CITY OF MERIDIAN RESOLUTI+UN ND, ~ ~'r ~ +~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREIViBA A RESOLUTIOriI OF THE CL'CY COUNCIL, OF THE CITY OF MERIDIAN, IDAHO, ADOPTING THE MERIDIAN DE~rEL4TsMENT CORPORATION'S PROPOSED FEES IN LIEU OF PAItIC.ING POLICY, WHEREAS, the Meridian Development Corporation has developed a policy far Fees in Lieu of larking, which outlines the desired goals ofproviding an additional apdan that may help Downtown developments solve site parking issues; encouraging shared parking through use of a, common parking iot or structure; improving urban dcgign by reducing an-site parking, by increasing the continuity of storefronts and by locating parking where it minimises traffic ar~d pedestrian disruptions; limiting the number of requests far reduced parking requirements; and preservinb historic places thmugh adaptive re-use rather than dexnolitian to create all required parking on-site; and; WHEREAS, these same gaa[s aro expressed in the Downtown Design Ciuidelinc~ addendum to the City of Meridian Comprehensive Plan; and WHEREAS, the Meridian Development Corporation has requested that the City of Meridian assist in the implementarion of suds Fees in Lieu of Parking; and WHEREAS, Section 11-3C'-6 of the Utu~ed Development Cade (UDC) lists the rcyuircd number of parking spaces by use; and WHEREAS, Section t 1-SB-SB of thv UD+C allows far altemative compliance to the provisions listed in Section l 1-3G-E- where the proposed design includes innovative design features based an "new urbanism," "neotraclitional design,'' or other site designs that promote walkable and mixed use neighborhe~ads; ar~d WHEREAS, the City desires to adapt a paiiay with regard to payment of in-lieu few that does not require additional staff to implement and monitor c~vcr time; NOW, TNEIiEFQRE DE IT RESOLVED by The Mayor and City Council of the City afMeridian, that the City of IVI~xr-idian adopts the following policy with regard to the Planning Director's approval of alternative carxrpliance for required parkitxg spaces within the Old Town District: Per UDC 1 I -3G-~, the required number ofparking spaces is based on the gross floor area. In determining the number of required parking spaces within the Cold Town District, the Planning Director shall subtrac# the square footage of structure that will be saved, remodeled, and/or restored. This policy steal[ apply to any RESDLUTI+UN-FEES IAI LIEU 4F PARKING FOR THI~ OLD TOWN 1~ISTRICT Page 1 of 2 Attachment 1 Q development within the atd Town District wetting alternative compliance, regardless tsf whether or not the applicant seeks to pay fees in-lieu of the required parking. (Planning staff shall initiate s UDC text amendment to formalize this standard such that alternati~~e compliance is not required.) Ail applicants seeking to pay fees in-lieu of pra~nding the required parking must subnuk au alternative compliance applicatian to the Planning Department concurrent with a Certificate of Zoning Compliance (CZC) for the proposed site andlor building improvements, 3. All proposed prnjeets must provide the required number of parking spaces through a combination of'on-site parking and in-lieu fees. 4, Priflr to issuance of the CZC, the applicatian must include documentation from the MDC Administrator that states the Humber of parking spaces purchased through in-lieu fees and the required payment amount. ~. Planning staff wit! collect wil# collect the fee and provide a receipt to the applicant. ti. Accounting staff will deposit the motues into the Meridian Development CorporatioiY Restricted Parking Fund to be spent pursuant to the adopted Fee-In ~. Lieu cif Parking Policy, and as provided by the agreement with the applicant. ADOP"I'EU by the City Council of the City of Meridian, Idaho, this ~~~ day of .. __ ~ ~- , 2t~d7. APPRt3~'ED by the Mayor of the City of Meridian, Idaho, this ~'~ r~day of ~G~' ~-~'~'~- , 2fltl~. APPROVED: t~,~ ~ 1 , ~~ir~. ~~``,~ ~ ~ "l~t'r'T y de Weerd ~J ~ ~. ;~ •.~~ .1 ~ y... „ ~ - By. .. t ,: , _, ~ _ William C,, Berg, Jr., Ci Clerk ~~' ~` ~i,~ ; ' RTSOLUTI~N-FEpS IN LIEU OF PARKING TOR THE GLD TOWN DI51'RICT Page 2 of 2 AttacIunent 2 ARTICLE C. I~FF STREET PARKING AND LOADING REQUIREMENTS 11~C-1: PURPOSE: The purpose of this article is to provide rr3gulations and standards for off street parking snd loading fac'rfih~es with the intent ro provide offstreet parking areas, minimize traffic hazards and congesGan, and mi4gate impacts on surrounding properties. (O-d. 05-1170,1i-30-2005, elf. 9-15 2005) 11-3C-Z: APPLICABILITY. The following s#andards shall apply to any new construction, alferation, or moving of a structure or any new ar more intense use of properly. The numberot off street parking spaces, as set forth in this. article, shall be provided for ail allowed uses in any district, A greater number of spaces maybe required in any application involving a conditional use permit. (prd. 05- 1170, 8-30-2U05, eff 9-15 ZU05} 11~C~; PROCESS: An off street parking and loading plan shall be required as a component of any discretionary permit or applicable building permit. Such plan shall show the folbwirrg: A. The off street parking and loading plan shall contain the location, size, and type of all proposed ofiF street parking and loading facilities. B. if the proposed development project shall be completed in phases, such phases shall be rated on the plan. (Ord. 05- 1170, 8-30 2005, eff. 9-15-200b} 11-3C,4: PARKING STANDARDS Fi~R SINGLE-FAMILY DETACHED, TOWNHCIUSES, SECONDARY, DUPLEX AND SINGLE-FAMILY ATTACHED DWELLINGS: A. Use And Design t3f Parking Areas: 1. Use Of Parking Spaces: Required parking spaces shall be used forvehicle parking only. 2.7ypes QF Vehicles; Location Of Parking: Only automobiles and motorcycles displaying license plates and current registration maybe parked in the required sheet yard. All other u~ehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recrea6lonal items, boats, trailers andtor other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence, six feet {ti') in height. Attachment 2 / 3. Comer Properties: On comer properties vehicles maybe parked In the sreet side yarct where such area is 1. screened bya solid fence, sixfeet (ti') in height; see section 11 -3A 7 of this chapterforfencirtg regulations in street yards. ~, Loratlon Of Parking Spaces Relative To Structure(s): a. Parking spaces for all single-famiiydetached, townhouse, secondary, and duplexdwellings shag be located on the same tot as the use that they are intended to serve. b. Parking for single-family attached dwellings shall be located not mor+s than three hundred feet (300'}from the structures}, except as proNded by section 11~'~C_7 of this article. 5. Drainage OFSurface Water. All parking and loading areas shall provide property drainage of surface water to prevent the drainage of such water onto adjacent properties orwalkways. 8,1'ype And Dumber CTf Parking Spaces: All perldr~ areas shag be designed and constructed ttr provide the type and number ofoffsUeet parkir4q spaces required bysection].L-3~Ct ofthis arVcle. t3. lmpro-remerris: 1. r=xcept as allowed in subsection B2 of Phis section, all off street parking areas and driveways into and through a parking area snail be improved vvith,a compacted graves base, not less than four inches (4")thick, surfaced vuith concrete or asphaltic pavemerrt. No person shat[ paftc, or allow to be parked, an automobile or motorcycle in the required street yard on any surface atherthan compacted gravel base, not Less than four inches (4")thick, surfaced with concrete or asphaHlc pavement. 2. Where the parking area is screened bya solid fence, sixfeet (8') In height, the offstreet parking areas and driveways shall be improved with a dustless material, including, but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks, or recycled asphalt (asphaftgrindings}. Gravel Is not a preferred improvement material because it must be chemically treated everythree (3) months to remain dus~ess. Such surface will only be allowed at the discretion of the dirrecfor for temporary or short term parking. (Orri.12-1514, b-1 fi 201, efF 5-21- 2012) 11 ~' Cti5i: PARKING STANDARDS FOR ALL OTHER USES NOT SPECIFIED: A. Use And Design Of Parking Areas: 1.7ype And dumber Of Parking Spaces: All parklrrg areas shall be designed and constructed to provide the type and number of offstreet parking spaces required try section 11-3C-6 of this article, and designed as required bytivs section. 2. Location Of Parking Spaces Relative To Stnrcturrr(s}: a. Parking spaces for nonresidential uses shall be located not mare than five hundred feet (500') from struchrre(s}, except as provided by section 11~C=Z of this article. b. For arty vertically integrated r+eslderrtial project, not more than ten percent {10°~) of the required parking shad be faceted in the front of fhe stnrtture. (Ord, 09-1420, 6-23-2009, eff. 6-23-2009} 3. Landscape Buffer. Ctff street parking spaces shalt not be located In anytandscape buffer as required by article B, "Landscaping Requirements", of this chapter. 4. Parking Lot Design: Parking lots shat! be designed In accord with section 11~B-9, "Parking Lot Landscaping", of this chapter. Attachment 2 5, Parking Stall And Driving Aisle Design Parking stabs and driving aisles shall be designed in accord with the standards in table 11-3C-5 of this section. Figure 1 of this section shows the parking design dimensions. 8. Design For Standard Vehictes: All required parking as determined in section 11 ~C$ of this artiste shelf be designed for standard vehicles. Compact stabs are dlsoouraged. but may tae used far any parking above the number of required parking spaces. (Ord. 05-1170, 8-30-2005, ®ff. 9-15 2005) 7.On Site Turnarounds; Connections: All parking areas shall provide on site turnarounds, or connee#tons through to edlacerrt parking areas or streets, in accord with the Meridian fire department standards for all off street parking spaces and toadir~ facilities. (Ord. 09-1394, 3-3-2009, eft. reirnactive to 2-0 2009] 8. Moving Of Cars: The design of oft street parking areas shall no# require moving any carto gain access fio a required parking space. 9. ADA Requirements: it Is the responsibility of the applicant to ensure that the parking lot design and sidewalk andlor access provisions meet all Americans with disabilities act (ADA) requirements. (Ord. 05-1170, 8~0 2005, etf. 9- 15 2005) TABLE 11-3C-5 REQUIRED STALL AND DRNE AISLE DIMENSIDNS One-Way Two-Way Parking ~trgte Steil Width Stall Deptih~ Drive Aisle Drive Aisiri 0 0~ 0° (parallel) 9'0" 23'0" 12'0" 25'0" ~45° 9'0" 19'0" 13'0" 25'tJ" t'st)° S'D" 19'0" 17'0" 25'0`' 90° 9'0" 19'0" 25'0" 25'0" Drive aisle onlyz Na ~Na 12'0" 20`0" Notes: 1. Stalls designed for compact vehicles maybe reduced in depth by2 feet. 2. The "drive aisle only' standards are fordrive aisles that do not have anyadjacerrt parkirxi stalls. (Ord. 10-1483,11-3-2010, etf.11-S-2010) FIGURE 1 PARit[NG SPACE MEASUREMENTS Attachn7ent 2 o ~o~o t~~ Parallel 45° At}gfect 9U° Ner~~-rdicular Hates; A = Parking er-gle. (3 = Stall wldt~. (Or+d. Q~-1~4i, 7-b-2{i06, e#F. T-15006} B. knpnav+smen6s: 1: AI ofi'street parking areas and dri~aways Irrta and througEti a parklnp area shall be Improved with a aompactied gravel h8s~r, nOt leas thanforrlnchea`(~l") 4hick, ~,rfeoad with aepheltic pavement. IYregR-iantiy used pariclr~ areas, asdefsrrnir~erl tsythedirdc.~or, me~ybe improved vhdt c~therduatleas matsrrbls, iraCludinp, butnotimi6ed ba,asphalt, cax~fe, pa~r~-, biidc~, ~r recycled esphaR (aepl>alt grradinga). kt each tx~ses, tt~e Meridian publicv-~rks depar[rnentst~all reviayvand approve ofthe dustless material imprrnsrrrarrt priorta cansfnxfion. (Ckd. 48-1372, 7~8- Z008, eft 7~&-2048) 2. Al parking and ksading areas shall provide properdrairra~e ofsurfacde vira~r to prevertt the drainage of such }amber cxda adjaoer>k prgperties ©rwaikvva~rs. {Ord. (15-1170, 8~34.24Qf, etf, &1S-2Q05j 8. S~aoeptas othenarise pmvidt`d in this section, s1 off street parlclr~ areas shall be provided with a suba6anfiai wheel c~bralnt;t4 pr~ev~er>faars fiam erxxvacHng uponabukNng priirabeand publlopraapertyorovg>t~nglr>8 t~ygnd ttse deslgnabsd policing sta11 dlmensi0r~. The dlreratorrraiy wal-~ hats regdrement for Internal pai4dr~ spape-s not ad)dnlna a propertyboudary, lar~scape Island, srddwalk, pathv~eay, oreny~lmliardeu+abprr~t#isabune~. Th1s ststde~ shall notappyla lampoaarytirsss. (Ckd. t}7,i325, 7-ia2407) 4. When a.burnperrtteng~ ~rr6o a slde~waNc w iartdscapa area, the parking stall dlmer~slor~s mayb8 reduced tw~v ~# (2') In let~gfh Iitw+~ t+~t (2') is added to the width ot:the bldewalkar landscaped anaa pl&rafed In ground tyaae~r. 5. Paridrg spapes end access lanes ehal lee rrrerksd, Including handicapped cymbals and slgr~. ti. AI lghtlrg provided in glu~nlnate >~ patkl~ area steal campy with tha Ilghtln~ ~atandards prorAded In article A, "Standard Rsgulalloris frtAll Dietrids", oftltia c#a~apber: 7. Al far~ds+r~plrtg impt~,vemerrts sha11 cx~mplyvNih ar'icla B,'Landecaping Requremar~s", ref t)ti$ cfi~r. (arr1. tl5- 1170, $-30-2405, efl: i~-15 ~b05} C. Bioyde Parkin Facilities: Bicyasle parking'faciitiessteel meet the follovYing IocaHon and design starxtanis: Attacl~tnent 2 C 1. Bkcycie parking facilities shall be located as dose as possible tv the building entrance{s) and shall not obstruct pedestrian walkways, pubGcsidewalks, or building entrances. 2. K is the responsibility of the applicant to ensure that the bicycle parking facilities meet all Americans with disabilities act (ADA) requirements. 3. Bicycle parking fadlities shall supportthe bicycle upright by its frame and allow the owner to lock both the frame and finnt wheel with one Iock. 4. Bicycle parking #acilities abuttirxt a structure, street furniture, landscaping, or other Improv+smer>fs should be installed with a minimum clearance of three feet (3') from other improvements sv that parking of bicycles vu111 not cause damage or prevent pedestrian access. 5. Bicycle parking facilities shall be a minimum of thirtyfour inches (34`") irr height and shall be securely anchored to the ground. (Ord. 13-1555, 5-14-2013) D. Aftematives: The director mayappnave, or recommend approval of, an alternative off street parking and loading plan, through the alternative compliance process when the overalk design, as prQOposed by the applicant, meets or exceeds the Intent and the requirements of this article and shall not be detrimental to the public health; safety, and welfare. Mitigating circumstances might include, but not be limited to, access to an adequate public transit system and/or an unusually low parking demand. (Ord. 05-1170, 8-30-2005, eff. 5-15-2005) 99-3C~S: REQUIRED NUMBER OF OFF STREET PARKING SPACES: C A. The minimum number of required off stree# vehiGe parkir~ spaces for residential uses shall be in accord with table 11- 3C-6 of this section. TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Number f3f Bedrooms Use And Form (Aer Unit) Required t'arking Spaces Age resfricted elderly housing 1 0.5 per bed (attached ordetached) 2~ 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pads Dwelling, duplexand dwelling, 1 2 per dwelling unit; at least 1 in an enclosed garage, ocher single-family (detached, attached, space may !~e enclosed or a minimum 10 foot by 20 foot townhouse) parking padz 213!4 4 per dwelling, unit; at least2 In an enclosed garage, other spaces-may be enclosed or a minimum 10 foot by 20 foot parking pad2 5+ B per`dwelling unit; at feast 3 in an enclosed garage, other spaces maybe enclosed or a minimum 10 foot by 20 foot perking padz 1 1.5 per dwelling unit; at least 1 in a covered carport or Attachment 2 Dwelllrx3, multi-faml(y3 (triplex, I garage faurptex, apartments, etc.) 213 2 per dwelling unit; at least 1 In a covered carport ar garage q.+ 3 per dwelling unit; at least 2 in a covered carport or garage Dwelling, secondary 1 As setforth above far single-family dwenings as determined by the total number of bedrooms on the properly Vertically integrated residential4 1 1.5 per dwelling unit 213 2 perdwelling unit 4+ 3 per dwelling unit Notes: 1. The size of the garage or carport required far dwelling units shall be measured by exterior dimensions and sha[! be at least 10 feet by 20 feet for a 1 space garage or carport arxt 20 feet by 20 feet fora 2 space garage or carport. 2. The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public streefi, private street, or alley) where no sidewalk e>asts. 3. For condominium projects, the required number of parking spaces shall be determined bythe dlr~actar based on the proposed development. If the proposed development is similarto asingle-~famiiydevelopment, such standarcis shall apply. ff the proposed development issimilar to amulti-family aparhnent complex, such standards shalt apply. ~ 4. The required number of parking spaces for Etre resideritiat portion of a vertically integrated project shall be in addition to that required for nonresidential uses as Cisted in subsection B of this section. (t7rd.13-1555,5-14-2013) B. The follovuirg standards shall apply for ofFstreet vehicle parking for nonresidential uses: In all commercial districts, residential districts,-and traditional neighborhood districts the requirement sha0 be one space for everyflve hundred (500) square feet of gross floor area. In al[ industrial districts the requirement shall be one space for every two thousand (2,000} square feet of gross floor area. In circumstances where there would appear to be a public safely Issue, the director may request additional Information from the app-Icant to determine if there is sufficient paric~ng: When in the determination of the direchorthere is insufTicient parking, the applicant shall provide alternatives to an site parking as set Earth in section 11-3C-7 of this article. The cletermins~on by the director shall he based on tha following criteria: (Ord. 05-1170, 8-30-2005, eft. 8-15-2Q05, amd. Ord. 06-1241, 7-:x2006, off. 7-15-2006) 1. The specific uses}proposed andlor on the property; 2. Uses in the vicinity of the property; 3. A traffic study, If prepared, forecasting the expected traffic and partcing needs expected from the use{s); ~. The availabllltyof on sUeet, shared, andlor public paricing within the vicinityaflhe use; and/or 5. The availablfty of public transit, vanpooling or other alternative transportation to serve the use. C. Upon any change of use, the number of vehicle parking spaces to be protided shag be calculated according to the rfequlremerrts of this article far the new use. Attachment 2 C D, rt Is ~ responslbilily ofthe applicant to ensure tha# the sfzt: and number of handicap accessible spaces meets all Americans with disabilities act {ADA) requirements. E. The required vehicle parfcing spaces shall be provided and continuously maintained, F. No required parking area orspace provided, as required bythis article, shall later be eliminated, reduced, or converted in any rrranner unless other equivatentfacilities apprav~ed bythe directorare provided, (Ord. 05-1170, 8~0-2005, eft. 3-15-2005) G. One bicycle parking space shall be provided for everytwentyfive (25) proposed vehicle parking spaces or portion thereof, exceptforsir~gte-fiamityresidences, two-famitydupfexes, and to~nmhouses. (Ord. 07-1325, 7-10 2007) '11-3C-'l: STANDARDS FOR ALTERNATIVES TO ON SITE PARKING: Attematives to providir~q on site parking as setforth in this section are encouraged in all developments. When required to meet minimum parking standards of section 1. 9 3C-ti of this arficte, eltematives shall include, but not be limited #o, shared use facilities, access to transit and availability of other forms of transportationsuch as car pools and vanpools. C A. Favorable Conditions: Conditions fawrable #o providing alternatives to on site parkir~ are as faltows: 1. Shared use: a. There are convenient pedesidan connections between separate properties; b. The properties andlor uses are within one thousand feet (1,000') of each other, c. The principal operating hours of the uses are not in substantial conllictwith one anoiber;and d. Directional signs provide notice of the availabliityof parking. 2. Alternative transportation: a. 'there is a transit stop within one-fourth {~/4) mile of the use; or b. There Is an Incentive program for car pooling, vanpooiing, ortranslt supported by the empbyer. B.Altemative Transportation: Where aftemative modes ofiranspartationace available, on site parking may be reduced by an equivalent amount to tf~e demand that is met by iha altematlve transportation mode, as documented in a transportation plan prepared bya registered engineer. C. Agreemerrl: 1. All parties involved with fire shared use parkng area shall submit a written agreementto ~ director, signed by the applicable parties Envoived. The agreement shall specifythe follawing: a. Party ar parties respansibte for construction; and A#tachment 2 b. Party ar parties re5pansibte far malrrterrance. C 2. The applicant ar awnershall nstsord such agreement with the Ada County recorder prier to issuance of artiy permits. 3. The shared use paricir~ agreement may be terminated by the parties only if off street parking Is provided in conformance with this article and approved by the director pdarta the termination. {Ord. 05-1170, 8~0-2005, eft. 8- 15 2005} 11~C-8: OFF STREET LOADING SPACE REQUIREMENTS: A. C3ffstreet loading spaces forcommer+cial and industrial uses shall be provided to prevent deliveryvehicles from blacking travel lanes. B. Parking and loading areas shall be designed sa vehicles shall not back out into the street. C. No afl`sireet loading space shall be located closer than fiftyfeet {5t}') to an abutting iural ar resldentiat district unless wholly enclosed within a sound atkenuating structure, such as masonry block. Na offstreet loading space strait face an abulting residential district. D. Any off street loading space located wlthln fifty feet {50') of a residential disMct shall not operate between the hours of ten o'clock (10:00) P.M, and seven o'clock (7:00) A.M. (Ord. 06-# 241, 7~5 2006, eff. 7-15.2008) Meridian City Council Meeting DATE: September 10, 2x13 ITEM NUMBER: ~ PROJECT NUMBER: ITEM TITLE: 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 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. ~ 3 " ~' ~ 3 Reappointments to Meridian Development Corporation ~. S~-~3~~c~. ~ 1 ~ MEETING NOTES ~;~ =~ ~ E Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E"MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ ~ M (~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JAMES L. ESCOBAR TO SEAT 1; JULIE PIPAL TO SEAT 2; ERIC JENSEN TO SEAT 7 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Cade section SO-2704, Meridian City Code section 1-13-4 charges the fu11 City Council with appointment of members to the Board of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint James L. Escobar to Seat 1 of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is iu the best interest of the people of Meridian to appoint Julie Pipal to Seat 2 of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Eric Jensen to Seat 7 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That James L. Escobar is hereby appointed to Seat 1 of the Meridian Development Corporation far a term to run from September 1, 2013 to September 1, 2016. Section 2. That Julie Pipal is hereby appointed to Seat 2 of the Meridian Development Corporation for a term to run from September 1, 2013 to September 1, 2016. Section 3. That Eric Jensen is hereby appointed to Seat 7 of the Meridian Development Corporation for a term to run from Septembex 1, 2013, to September 1, 2016. Section 4. That this Resolution shall be in full farce and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 10th day of September, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 10th day of September, 2013. APPROVED: City of Mayor y de Weerd E IDIA c e o an, City Clerk ~~~ ~~ ti`° dT£q °~ the TAEAS~~Q~ RESOLUTION APPOINTING MEMBERS TO SEATS 1, 2 AND 7 OF MERIDIAN DEVELOPMENT CORPORATION PAGE 1 OF l Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 7'g PROJECT NUMBER: ITEM TITLE: Economic Development: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES 1NITlALS Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 7~ PRQJECT NUMBER: ITEM TITLE: Community Development: Review of Ada County Highway District's 2014-2018 Integrated Five Year Work Plan (IFYWPJ MEETING NOTES ~~ ~~ Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 5, 2013 MCMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager ~~ RE: ACRD 1FYWP September 10, 2013 City Council Workshop Agenda Item Back r~ Over the last year the Ada County Highway Distinct, (ACHD) has been working to develop a more detailed and comprehensive Five-Year Plan that integrates traditional roadway and intersection expansion projects with: community programs (bike and pedestrian projects}, economic development projects and ACHD's other operational and maintenance activities. The purpose of this integrated approach is to allow far better decision ixiaking and coordination between the various functions of ACHD. To this end ACRD has also modified the timing of the plan to coordinate more closely with the adoption of .its two year budget. On August 28, 2013 ACRD staff presented the initial draft of the first Integrated Five-Year Work Plan (1FYWP) to the ACHD Con-uiussion. ACHD has asked for our review of the initial draft of the IFYWP and any cominents we may have by Friday, September 13t~'. ACHD plans to adopt the IFYWP during their October 23`d Commission meeting. Changes from Previous Plans: The initial Dxaft Plan appears to meet the ACHD Comiriissions goal of preserving construction years for projects identified in previous plans and strategically advancing projects where appropriate and feasible. Only two anajor projects experienced a delay in programmed construction year (one in Meridran highlighted below, the other was Cloverdale, FairviewlUstick in Boise): ~ FranklinlBlack Cat intersection, a federal aid project, was moved from 2015 to 2016, so that it can be built concurrently with Franklin, Black Cat/Ten Mile (another federal aid t project). Community Development Department . 33 E. Broadway Avenue, Meridian, fD 8364a Phone zo8-884-5533 ^ Fax Zo8-888-68gy.. www.meridiancity.org Page 2 Several projects in Meridian have named construction years in the draft 2014-2018 IFYWP that Q have not had construction funding in previous plans. These projects include: Project 2013-2017 CN Year (Old Plan} 2014-2018 CN Year (New Plan Remarks McMillan, Locust GrovelEagle OF 2015 Program with McMillan/Eagle, jum in ranking Pine, East Sth/Adkins sidewalk PD 2017 New Community Program Ustick/Mei7dian intersection PD 2017!18 Changed from FA to Local Ustick, Linder/Meridian PD 2017/18 Program with Ustick/Mexidian Ustick, Mer'idian/Lacust Grave PD 2017/18 Program with UsticklMeridian West 4` , Broadway/Maple sidewalk _ N!A 20].7 Downtown Meridian Neighborhood Plan 1't should be noted that the three t7stick Project listed above are also idefatified as shelf projects that could be constructed in 2©16 if fronds are available, Attachment 1 gives a more comprehensive account of the changes between the adapted 2013-2017 FYWP and the proposed 2014-201 s IFYWP. Status of Meridian's Top Requests: Every year the City provides a project request list to ACRD. Projects that rank high on Meridians list are given extra consideration during ACHD's programming process. The status of Meridian's 2013 top three roadway (RD), intersection (IN), and Community Programs (CP) requests are below: RD1 Ten Mile, Cherry/LTstick Construction in 2015 RD2 Ustick, Locust Grove/Leslie Way Construction in 2014 RD3 Ustick, Meridian/Lacust Grove Construction in 2017-18 (2016 shelf) IN1 Ustick/Locust Grave intersection Construction in 2014 IN2 Ustick/Meridian intersection Construction in 2017-18 (2016 shelf) IN3 Ten Mile/Chinden signal 2014 develo er coo roject CF1 West 4th, Broadway/Maple sidewalk Construction in 2017 CP2 West 1st, Broadway/Pine sidewalk Construction in 2017 CP3 Locust Grove, McMillan/Chinden sidewalk Construction 2018 Along with these top requests the City has also asked ACHD to consider the 3r`' Street Extension as part of ACHD's new Economic Development Program. This project would connect Fairview to CarltonJPine/Franklin via E. 3'~`~ Street, providing additional connectivity and circulation in downtown. The planning level cast estimate for this project is $2.7M. ACRD received a total of 14 applications from agencies throughout the County for the new economic development program, which is currently listed at $1.5M-$2.OM level of effort in each year of the draft plan (so the E. 3~`r Street project would need to be phased.) ACHD anticipates including more programming details far economic development projects in the next draft of the IFYWP. Staff will continue to monitor this program and provide the Council updates as mare inforrnatian r becomes available. Page 3 Staff Analysis and Recommendation: Based on the initial draft of the IFYWP it appears that Meridian's top prioiYty projects are moving forward as requested and hoped. Staff has no issaes or requested changes to share with the Council for the draft 201 IFYWP. However, staff would like to review the draft 201A~ IFYWP with Council daring the Septern~ber 10th worksl~op to see if any correspondence to ACHD is appropriate. Staff will review subsequent drafts of the plan and bring the final draft to the Council for review and potential comment prior to ACHD's scheduled adoption in late October: Next Steps: ACRD staff has requested that alI conments on the initial draft of the IFYWP be submitted by September 13, 2013. ACRD staff will then review the comments and present a second draft to the ACRD Colrunission on October 2, 2013 with a goal to adopt the 2014-2018 IFYWP on October 23, 2013. Below are a few tables and maps from ACRD staff's memo to the Commission that help to sununarize the initial draft of ACHD's FY14-18 IFYWP. Staff will run through these exhibits and other information from the draft plan during the meeting an the 10`f' Attachments: 1. Changes from 2013-2017 FYWP to 2014-2018 Initial Draft 2. Full list of shelf projects 3. Maps for FY14 and FY1.5 Projects {include maintenance activities) Page 4 Attachment 1 C Project 2013-2017 *vn Year 2014-2018 Cn Year Ramarks 02°d 5t, Ave G/Cinder (Kona) N/A 2016 Kuna Downtown Corridor Plan 3G~`/HNI/Catalpa roundabout 2017 2016 Build hefore StateJCoflister in 2017 Alpine, OrchardJRandall sidewalk N/A 2018 Central Bench Neighborhood Plan Camas, Orchard/Roosevelt sidewalk PD 2016 Central Bench l~ieighbarhaod Pian Cameron, Hummel/Aurora NJA 2017 Centro! Bench Neighborhood Plan Cloverdale; Fairview/Ustick 2016 2017 _ MovecS for 3&th/Hill/catalpa [on shelf in 2016] Cole/Franklin intersection PD 2018 Cale,1-84/Franklin PD 2018 Cate, Kettering/Mountain View sidewalk NJA 2018 Downtown Boise Plan NJA All Primarily maintenance program out of LOE Executive, Parkdale/President N/A 2016 Program with Cloverdale, Franklin/Fairview Franklinf Black Cat intersection 2015 2016' Program with Franklin; Black Cat/Ten Mile Kona-Mara Rd Reclaim N/A 2018 Specific project out of maintenance LOE Lake Hazel Extension NJA 2015 Lake Hazel, Gloverdale/Lowland View sidewalk PD 2017 Lake Hazel, Pearl Jensen,/Acacia sidewalk NJA 2017 Liberty, FranklinjErneraldsldewalk NJA 2018 Central Bench Neighborhood Plan LinderJMainj3`a roundabout 2017 2016 Kuna Downtown Corridor Plan McMillan, Locust GrovejEagle OF 2015 Program with McMillanJEagle, jump in ranking Qrc-hard, Targee/Spaulding sidewalk 2015 2014 Overland, Columbus/Federal Way sidewalk NjA 2018 Central Bench Neighborhood Plan Owyhee, Malad/Overland sidewalk N/A 2016 Central Bench Neighborhood Plan Pine, East 5`h/Adkins sidewalk PD 2017 President, Executive/Meadowland sidewalk PD 2016 Change in scope, build with Executive project State, Glenwood/Collistersidewalk PD 2017 Change to local funding State, WiIIowJVeterans Pkwy sidewalk NJA 2016 Targee, Maple Grove/Penningersidewalk N/A 2017 UstickJMericlian intersection PD 2017/18 Changec{from federal aid to local I (stick, Linder/Meridian PD 2017/18 Program with Ustick/Meridian Ustick, Meridian/Locust Grove PD 2017J18 Program with Ustick/Meridian Victory Rd Reclaim N/A 20(8 Specific project out of maintenance LOE West4`h, Broadway/Maple sidewalk N/A 2017 Downtown Meridian Neighborhood Plan Projects shaded in gray indicate delayed construction. Funds are obligated in FY201G far federal aid project; construction in FY2017. Page 5 Attachment 2 Year Shelf Project Cn Copt Yearly Shelf Enhanced Pedestrian Crossings $ 603'000 $ 3 9G3 OOD 2014 Capital Maintenance {Local Fundsj $ 3,360,000 , , Enhanced Pedestrian Crossings $ 603,000 $ 2 043 000 2(}15 Capita[ Maintet~ance (Local Funds) $ 1,440,000 , , Cloverdale Rd, Fairview Ave J Ustick Rd $ 2,875,000 Ustick & Meridian intersection' $ 3,310,OOD 2016 Ustick Rd, Linder Rcl j Meridian Rdi $ 3,355,000 $ 14,890,000 Ustick Rd, Meridian Rd / LOCUSt Grave Rd $ 3,900,000 State St, Glenwood / Collistet- Pedestrian Improvements $ 1,450,000 Cale & Franklin intersection $ 4,100,000 2017 Cole Rd, I-84 /Franklin Rd $ 3,542,000 $ 9,492,000 Kuna-Mora Rd Reclaim, Pleasant Vallay Rd J I-84 $ 1,850,000 Cloverdale Rd, Ustick Rd/ McMillan ftd $ 3,180,OOD Maple Grove & C3verland intersection $ 3,200,000 380 000 $ 15 201$ Maple Grove Rd, Victory Rd j t]verland Rd2 $ 2,900,000 , , State/Veterans Pkwy/36 intersection $ G,100,D00 Ustick protects should be built concurrently if possible zMaple Grave projects should be built concurrently, and only advanced to 2018 if the Cale projects are advanced into 2017. Page 6 Attachment 3 a v a~a~Y ~a - . °© LL ~ ~ __ ~ ~+ W - -- . x ~~ ~~~,, ~ - -.. ~ '. ~~ ~ ~~ ~ ~6~, . 9 'F Y ~~• . ~ -1 .~ .. .-' _. T• P ~ ~~ ~~"~~~ tw~ ~~ ,. .__ J T + 1 f .. -- - r. --~-- ~_-- ~ s .~ 1 --- ~~ _ ~ oE- ~: Q .___~` ~ ~~ -~ '~ _ ___ i -- ~ e~ i r}( ,-tl9i~y~B ~ ~~~ ~ ~ 4 ?~ ~~ ~ ~ ~pp' G p(S~i]j U U1 ~= P. 'f.1 ~ F11 !; ~ „!' ,,, ~~~ ~~~ ~a~~~~~~ ~- ~ ~ * I ` °i l-[ ~~~ ~g ~ . - ~ . ~_ J ~ ~tivw.se - , ~, ~ ~ ~ ~ _ _ __ ~~~ ,,,fin _" ~ ~: ' curhn~cv~r~ia _~._ _ . ~ ~ ~i S --- ~ ~ ~i ~SUN4~10~b'PP. ,~ P ~I- ra._N~ ¢ _ 1 ~~„- ~ ~ ~ -_ _~.. ~..~ ~. ... ' bU~~'Y4G13~43 .. ~~ ~ 049814wa ... ; ~`~ ~ ~ ; ~ a, a 1 ~ ~ ~~ ~; ~~~ ~ • _. ~ a ; ,~ ~ ~ ~~,~~~ jj - ~1~Ya~~. 1 ~ i ____.__ .. . _ aviinfruaap+r -- - - -- -- ~~__, ~ ~~ r ~ ~ ~~~ ~~ ~ ``~ ~~~ ~~ ~ Page 7 ~~ Page 8 ~~ ~ ;t f r~ S "YL~a ~ a ~ ~"'` ~ Y t ~.~~ n ,L ,r~~ ~~ ~ ~~ ~ . r, i~~~. ~' *.ti ~P ~~'a ,~ , ~' ~. y~Y~ ,~ . O ~ ~. F k ~~ _a 9 ~~~ ~n ~,yjr ~. '~ i~~. ~' Cf ~ '"P `'s ~ '~fr r ma~yy. ~ ~ ~ Fri ~ .}.1,),1. ~ LI .~.. ~ Q I~ r ~ ~~' ~~Y ,+FI ~r :,,~e+° ~ c+r ~ ~ '~ +y ~" ~ ~ r - ~'~c ~ 1 Rye ~y] I g' ~ ~ ~ ~ ~ .~ i rf -r ~ ~ ~ ~ 348~3F3'. ~ ~ ~ ~ ~ ~ ~ :~~~ ~I i~ '~ '~' ~ I 7f a ~~ ~ ~~ .~ ~ ~ ti ~~ ~ ~ ~~ ,~~ ~ ~ ~ ~` I 1 x' ~ ~ ~ q m ~~ 9 ~ $~ ~~ D7 W ~ 4 N I ` Q 4i~khv'~ h~ ~ ~ ? r ~~. _ .. i X • - r ~~ ~~ ~ ~ w I ¢a ~ , ~ £ ~ I -- `--~- w ~ f i -~I ~~7~W .~. ,~ ~ - __~ ~~ ~. `'~ i ~1 -- _ i';' ~. Page 9 t' ~ ~} 4 ~ G V~YL~ .~J ]M-. i~~~ Si a ~ ~~~ ~ ID ~ ~ ~ rc ~„ ~ e ~- ~ ~1' ~ ~' c~~ u m` ~ ' ' '.} i s i .,-- ~ :: ,1' ~' D yy ~ ~ _ d ,t r i ~r~ x (. ~ ~ ~ •. i ~ -- `fig 1 ~ ai I f. ~ r~ ~ a~~ ' !, f t[ + ~t~ ~~E I ~ ~ J µ~ ~ A ~~ ,._ ~ v ~~ g~xt~oi 3i k ~,, r ,, , I iii ~. ~ ' ~i ~. ~ ~ ~. i,. w ~ ~ riiv ~ ~ r 3 .. ~ S ~; 7 i ~ ~.. ~ - ~xi na r S. ~~ u. #' ~ ' '= i TsLi J3 i ''a i ~ S.'-~ ~~ _ __.. . ,? ~ ~. ~ ~ ~ ti t , ~~~ ~ ~, P7J ~lvayi ~l~ .. t ~j ~ I ;. ... 9 1 ( ~ ~ ~ ~ ~ ~~ ~ u ~I ~ RI C I ~. I L.. {J{fI ~. _........ _ .. .~ ..~,I ~1 ~i<-e ~~~ A ~ ~ { .c ~~ ~; ~L$ s Page 10 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Parks & Recrea#ion and Legal Departments: Proposed Update to Parks Code MEETING NOTES Community Item/Presentations Presenter Contact 1nfo.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT PARKS ConE REVISION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 Title 13 -PARKS Chapter 2 -PARKS AND RECREATION REGULATIONS SECTION 13-~-1: PARKS AND RECREATION DEPARTMENT CREATED: There is hereby created an administrative department within the City to be known as the Meridian Parks and Recreation Department. SECTION 13-2-2: DEFINITIONS: Far purposes of this chapter, the following terms shall be defined as follows: A. ADMINISTRATIVE POLICY: A written policy, rule, or practice n~ the Meridian Parks and Recreation Department, approved by the Director and b~ ~ esohrtion of City Council, concerning the administration, regulation, or operation of park arh~rt~ti"~s;"•recreational programming, ar other fiulction of the Department. B. CITY PARK: Any and all designated park accessible by the public and are awned b~ C. COMMISSION: The City of Meridian.Parks and D. CONTRACT CONCESSIONAIRE: displays for sale, trade, or give written agreement with the City E. DEPARTMENT: The.Meridian P F. DIRECTOR: The park G. H. exempt from fe~~~a and provision of for disability, or illness and :ional lands or fac~~~t~es that are open to ar of Meridian. :~``°°_.. trades, gives away, or offers or pint to a currently effective, Recreation Department or his/her designee. Director establishing a decision or ar issu~~iciricerning the administration, regulation, ar nal programming, or other function of the Department. HEN: A"'tea~porary`'establishment, conducted by a nonprofit organization income t~~under 2b U.S.C. sections 501{c~, engaged in the preparation i;to and/or for the needy, including persons who by reason of age, ire i~nab~e:tio prepare meals for themselves. .r. ,..:._~:,_,,... I. QI3TDOOR MARKET. See~'definition of "Outdoor Market" in Meridian City Cade Title 3, Chapter 4. J. PARK AMENITY. Any facility, physical space, land, recreational or utilitarian equipment, infrastructure, building, plant, landscaping, field, sports complex, swimming pool, golf course, trail, pathway, or other attraction, whether natural or manmade, that is in andJor part of a City Park. PAGE 1 OF 15 DRAFT PARKS ConE REVrsroN MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 1. RESERVABLE PARK AMENITY. A Park Amenity that may be reserved by prior arTangernent with the Department and payment of any required fee. l 2. NON-RESERVABLE PARK AMENITY. A Park Amenity that may not be reserved, as specifically designated as such by the Department, or as may be implied by omission. K. PRIVATE GATHERING. A gathering of persons not open to the general public. L. SHORT-TERM CONCESSIONAIRE: A person or entity in any City Park who sells, trades, gives away, or offers or displays for sale, trade, or giveaway, any food or beverages. M. SPECIAL EVENT, See definition of "Special Event" in 11~e~;cl~an City Code Title 3, Chapter 4. N. SPONSOR. A person or entity allowed or engaged. by~le Depai'larti^ent to provide monetary or in- kind support for a Department event, prograrr~ ~~.,~~cility. _ , SECTION 13-2-3: DIRECTOR OF PARKS AND RECREATION There is hereby established the office of Director of `Raxks and.R~creatron, who shall be appointed as set forth in Title 1, Meridian City Code, and who shill suti~~~n~end, direct, anda?anage the Meridian Parks and Recreation Department,.;In addition ~o ~,hc'se powers, duties and. functions necessarily or fairly implied or incidental. to o~ ,those essential=~o, the management of the Department, the Director shall have the ~ollnwrng expxessly de`"legated and specified powers, duties and functions: A. Exercise general su~~~vtsip~ o~ Meridian public parks, x~ct'eatiofial~` programming, all off cers and employees of the Department; City fore~t~;.y, ai~cl~the a~q~~~ition, planning, protection, operation, maintenanc~~.developrt~nt and use;ot~public parks'°and other properties, buildings or facilities as may be assxg~ed to tlie~epartmen~ ., B. Where necessary for the el`ficrent nanageinent andoversight of parks and park amenities, adopt, and make availabY~:t9 the pu6hc;. Administrative Policies ar Director's Orders, which shall have the effect~of law upon their apprQ~val and adop~~~oit by resolution of the Meridian City Council. C. Prepare;: and submit to C~ty;.Courerl~for approval, an annual budget for the operation of the Departrne~t D. Supervise antt~;~irect all offioaxs:,and employees in the Department, including the implementation and establishrrie~,t of employee performance standards and procedures for employees of the department, including, but not 1~nited to establishment of a dress Cade, duties assigned to the department's employ~e~ a~~l procedures and protocols for the conduct and operation of clay ta- ro-day park and facility' maintenance and upkeep. E. Furnish and provide, upon'request of the Mayor, City Council, or any other department, reports, services, labor, materials and information as may be requested and as resources permit. F. Perform such other functions and duties as required of him or her by the Mayor, the City Council and ordinances now in existence ar hereinafter enacted. PAGE 2 of 15 DRAFT PARKS ConE REVrSION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 SECTION 13-2-4: USE 4F PARK AMENITIES: A. Parks to be regulated. No person in any park shall fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the time, place, and manner of any activity in any park when necessary to maximize use and secure the comfort ar convenience of alI park users. C C. B. Regulations for Use and Reservation of all Park Amenities. The following regulations regarding the time, place, and manner of the reservation and use of all Park Amenities shall apply generally to the use of any and all Park Amenities. 1. First came, first served. Unless reserved in accordance.~:wth Department procedures and policies, all Park Amenities shall be available on a "fir come, first served" basis. No person shall be authorized to use any unreserved Park ,Amenity to the exclusion of other persons or uses except at such time at which and.~b~~sucl~ person by whom a Park Amenity is reserved pursuant to the provisions of this chapter ~~" '.~: 2. No admission to be charged. No person o~ organization, znc'luel~ng a person or ~f organization with a reservation, may charge admission to any PaC,~~Yctr Park Amenity without written permission of the Director. ~y •~: _.;~. C. Regulations for Use and Reservation of alI Reser~aUle-Patirk Amenities I~;~ddition to the regulations applicable to the reser~~~io~t_and use of all 1~~~~ Amenities as set forth above, the following regulations regarding the tztri~e, place, and manu~x_.of the reservation and use of Reservable Park Amenities shall applygenera~~y hrthe use~~Q# spy and all Reservable Park Amenities. '` ~_ P t ..;.. 1. Reservation request_l=r~c~dure. Any=person.~i'.o~,gxzatzo~xnay request that the Department ieser~~`a Reser~~ble Park erart~ for its~l~~fu1 use. Upon receipt of such request and payr~~ul of applt~able fees as,established by lee schedule, the Department shall reserve Resezval}le~,P~r~~ Axr~~~~t~es at the tsz~ea and place, in the manner, and according to the procedures .tor. equrta`b1~ ah~eatrng r~servatlotis as enumerated by Administrative Policy. 2. Li~p~ted scope of reservation. The~a~~horaty ~Q;=exclude other persons or uses from a Reservable Park Amenity e~t~nds only td =~h~~t imparted by the specific terms of a valid rese~~ation. The Res~~able Par~,~menity specified on a written reservation shall be the only Par=k Amenity rea~f yed by and~or the reserving organization. In no case shall the resezvatiora;;~f a Resezvab`le°>~'ark Azi~enity impart authority to physically touch or remove any person, object, or use from a shelter, or to violate any other provision of law. 3. Insurance maybe requir'e~;'. Any person required to maintain liability insurance coverage .._ as specified in this Chapt~,r or by any other applicable law, policy, or permit shall maintain such coverage at all trr~s`during such party's use of a Reservable Park Amenity. 4. Reserved Park Amenity to be left in same condition. Reserving parties shall leave reserved Park Amenities clean of debris and in the same condition after use, which duty shall include the disposal of waste, garbage and other refuse in disposal receptacles provided. If no such trash receptacles are available, then the reserving party shall remove its refuse and trash from the park area upon vacating the park. Upon violation of this section, in addition to other civil and criminal remedies, the Department may deny or revoke subsequent reservations to the violating person. or organization. 5. Commercial use of Reservable Park Amenities -goads and services. Except as otherwise allowed by Director's Order or written permit, during any reservable time, no PAGE 3 or 15 DRAFT PARKS ConE REV1rszON MPR & LEGAL DEPARTlYIENT REPORT SEPTEMBER 10, 2013 person shall use a Reservable Park Amenity to sell or offer far sale any good ox service that a CONTRACT CONCESSIONAIRE sells or offers or displays fox sale at that Park. Provisions of this Chapter regarding Specific Regulated Use of Parks may also apply to sales of goods or services in Parks. 6. Commercial use of Reservable Park Amenities -recreation. Except as otherwise allowed by Director's Order or written permit, during any reservable time, no person shall use a Reservable Park Amenity to sell or offer for sale any recreational programming that is available to the public from or offered to the public by the DEPARTMENT at that Park. SECTION 13-2-5: SPECIFIC REGULATED USES OF PARKS: In addition to laws of policies of general applicability, the follavving standards regarding the tune, place, and manner of operation or occurrence of these spectfie,~park uses shall also apply. A. Special Events and Outdoor Markets. A Special;~veht or Outdoor Market, as such teams are defined in Title 3, Chapter 4, Meridian City Code, shall be allowed-in a Park subject to compliance with each and all of the followm~~ egulations on the time, ;lace, and manner of operation of such use. 1. Temporary Use Permit required. No pezs~n shall operate a special event in a Park without first obtaining a Temporary Use Pez7nit atadlQx Gltizen's Use Perr~ait:, as applicable, from the City Clerk's Office.' ,~,.. ~,::~,,,, ` 2. Short-term Concession Permit_,ngt required. Short-Term Concessionaires specifically enumerated and permitted under ~ City of>~vleridian Temporary Use Permit are not required to obtain aShort-Term.Concessiozi'~~?ez-mirt. r :'~° 3. Reservable Pa~~k A_ mcJ~tty,reservatran>.requ~reilr Wllere a~Special Event is occurring at, utilizing, or would ~nped~ ~Ii~.typical us~of a Reservable Park Amenity, the organizer of the Special Event shall be re~uxred to reserve `such amenity and all reservation fees shall apply. >>. B. Mobil~~'Sa[es'~LTnzts~[ A Mobile ;Sales ZJn~I, ~~~:that ~e3•m is defined in-Title 3, Chapter 4, Merrdta~~City Code~~shall, be all~b~ed to operate in a Park subject to compliance with each and all o~tle following regulations oil tl~e,time, place, and manner of operation of such use. ~,; . y., 1. Mob~rl;~_sales Unit Lieiz~n~e req[1'~S~~d, Na person shall operate a Mobile Sales Unit in a Park wrtl~ou~ first obtaimn~;a City Yo~~7Vleridian Mobile Sales Unit License from the City Clerk's Offi~e;;and expres'swritten approval from the Director or designee. 2. Director appf'~vaI. The approval of the Director or designee to operate a Mobile Sales Unit in a Park shall tie limited as'~to the Park(s), scope, and authority conveyed by such approval. The Director may de~~itie"to approve the application of any Mobile Sales Unit to operate in a Park where such Mobile Sales Unit: a. is providing or offering services or programming otherwise available from the Department; b. Is providing or offering goods that a CONTRACT CONCESSTONA]RE sells at that Park; c. Is providing or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. 3. Short-term Concession Permit not required. Short-Term Concessionaires specifically enumerated and permitted under a City of Mexidzan Mobile Sales Unit License to operate in City parks are not required to obtain a Short-Term Concession Permit. PAGE 4 OF 15 C DRAFT PARxs ConE REVis~UN MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 C. Short-Term Concessionaires. A Short-Term Cancessianaire, as that term is def ned in this chapter, shall be allowed to operate in a Parr subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. invitation required. It shall be unlawful to operate or act as a Short-Term Concessionaire in a Park without first obtaining a written invitation to operate such concession fiom the Director or designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. Such invitation maybe conveyed in the form of a Reservable Park Amenity reservation. The Director may decline to extend an invitation to any Shor~~T~rm Concessionaire: a. Which is providing or offering sexvices or program~~tg~atherwise available from the ,err.., Department; ~ f .~: ~..,~.;~pxY, b. Which is providing ar offering goods that a CL~~ ~iizt~tactor sells at that Park, or c. Which is providing or offering goods, services, ar progra~~ning that are incompatible with other lawful Park uses or Admini~l~•atrv~e Policy. 2. Health Department approval may be r~sf~ired. No person shat] .operate as a Short-Term Concessionaire in a Parle without first obta~tz~ng any and all licens~s~, permits, certifications, andlor inspections required by the Central ]]zst~~ct Health:;Depaz-tment 3. Amenity reservation may be,.r~,c~uired. Any persou~~operating as a Shai~,~~erm Concessionaire in or upon a Re~~rav~l~le Park Azri~ntty during a reservable tl~'ime shall first reserve such Reservable Park A~mezty with the Depat't~?ent, unless such Short-Term Concessionaire is operating under ~:Crty o~~ridian Temporary Use Permit or City of Meridian Mobile Sales Unit Licenstr~ •~°~. ~;~. 4. Short-term Concession Permit requza,~d. NQp~X~Qn:shall•~~5erate as a Short-Term Concessionairelui ~ "Park without first o~tiaiz~g~a Short Torm Concession Permit from the Department, unless such Sho~~t=;Tezm Concessionaire is operating under a City of Meridian Temporary Use Pez'rn~~, of C~~y ~f Meridian mobile Sales Unit License. a. A,ppl~~.on for a S~iort'T~t•raa Gdncession Permit shall be made to the Department, and shall include.<~;con~plet~cl, applzc'atzo;r~,~orn provided by the Department, which 1'oz~rz ~,s1a11 include; bui~~;not be Kited to. ~ ys. ;~~).,The name, addt~ss, aril tax identification number of the applicant, and/or, if the applicant is a pa~`~~ership, company, or corporation, the name, address, and corporate ot~~~x identificatioti~number~~`of such entity. Addresses required by tlv subsection shall ~i?,~hzde bath local and corporate addresses, as well as both physical and mailing (2} The names`al~d;,~~desses of all employees and/ar persons who will be establishing, oneratinc_ of<~~~~eti~~ as under the Short-Term Concession Pez7nit. (3) A description of the operations, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Short-Tez•m Concession Permit. (4) A description of any and all motor vehicles to be used by ox in the course of the operation, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). {5) A description andlor schedule{s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, andlor displays will occur under the Short- Term Concession Permit. PAGE 5 of 15 DRAFT PARKS CODE REVISION MPR & LEGAL DEPARTMENT REPORT Permit to the applicant or °d Department shall notify the' notice of the right to appeal c. The City of Mez;ida'an Short- (1} The name.(s) Q~tlie;perm as a Sh~t;1:-:I`er~n ~~ni'es: (2) The time(s);. date(s), p1~c all D. occur; {6} Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Short-Terns Concession Permit. Sucli insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty {30} days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand doIlars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00} pex occurrence property damage. ,._;~__;, (7} Application fee as set forth in the Department's fee"schedule, except that no application fee shall apply: (A} where applicant is or represents a noi~rdfrt`"oi ~~nization exempt from federal income tax under 26 USC section SOl (c), ° ~~`"' (B} Where applicant is or represents a go~vei~nnental ~~tity; or (C} Where applicant is seeking a ~liort-Term Concession P;e~mit for the purpose of conducting fundraising activities fQa school or youth orgai~,~~~ion. b. Within twenty one (2l}calendar days of r~eipt of ~~c~mplete ap~lx~ation for aShort- Term Concession Pei7nit, t~.e.Department ~h~ll ett~~e~ `issue a Short Te~~ril Concession Park sub SEPTEMBER 20, 2Q13 r'r ~' • ."x".".'~ fi plicatio>iii:yUfiere an application is`c3enied, the r ~..~:. .of such deriial;n writing, which shall include sio~ as set for~k~'S,p,this chapter. s ,•. ~ce~sitiraire Per'i%~shail include, on its face: any em~~oyee~ and/t~r`persons pezmitted to operate at and ly which the Short-Tenn that axe necessary to protect the public acts on park users. ned in this chapter, shall be allowed to operate in a all of the following regulations on the time, place, and manner of operation of such Ilse. l . Invitationre(luired. It s~a~1a be unlawful to operate or act as a Sponsor in a Park without first obtaining awritten imitation to operate such concession from the Director or designee. Such invitation lust be~x~ressly conveyed, and shall be nontransferable and limited to the scope and authority t~bt~eyed by such invitation. The Director may decline to extend an invitation to any Sponsor: a. Which is providing or offering services or programming otherwise available from the Department; b. Which is providing or offering goods that a City Contractor sells at that Park; c. Which is providing, or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. 2. Health. Department approval required. No person shall operate as a Sponsor in a Park without first obtaining any and all licenses, peirnits, certifications, andlor inspections required by the Central Distinct Health Department. PAGE 6 0~• 15 DRAFT PARKS CUDE REVISION MPR & LEGAL. DEPARTMENT REPORT SEPTEMBER 10, 203 E. Mobile Soup Kitchens. A mobile soup kitchen, as that term is defined in this chapter, shall be allowed in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. l . Short-term Concession Permit required. Na person shall operate a mobile soup kitchen in a Park without first obtaining a Short Term Concession Permit from the Department. The Short Term Concession Permit fee shall be waived. 2. Amenity reservation may be required. Any person operating a mobile soup kitchen in or upon a Reservable Parlc Amenity during a reservable time shall f rst reserve such Reservable Paxk Amenity with the Department. The reservation fee~~~~ll not be waived. ~a4s .P ;- 3. Health Department approval required. No person~la~~Ip°aperate a mobile soup kitchen in a Park without first obtaining any and all licenses, ~~~•~xts, certifications, and/or inspections required by the Central District Health Departmef~t. , SECTION 13-2-6: GENERAL PARK REGULA~'T(INS: Except as expressly authorized by the Director, the,~oYlowing prohibitio~s;~shall apply in all City Parks. These prohibitions shall not apply to pohc~,;officers or MPR personnel,acting in the course and scope of their duties. ~~~ p ~+ r t " ~ '- r' A. Incompatible uses. Uses incomp~(zb~evrith those eiluz~erated herein, as determined by the Director, shall be prohibited. A violatzor of ~tl?is provision,s~lall be an infraction, the penalty for which shall be $100.00 plus court costs;;; ` ' `" `~ B. Airborne objects. ~•'' 1. Model rockets: When othei.:~ersons ai~:pl~senf;3no pe~sop sha111aunch a model racket which is propelled by or zncluc~es a motor, .1~lack powder, ~compasite pz•opellant, or electric or explosive igniter.A ylQlationi~f this piovi~~QZ# shall be an infraction, the penalty for wluch shall be $1OO,QO plus aouzt casts , ,,;.,,, 2. A~rcz aft ~`=except ley written; order of tl~~ ~~z ectar, no person shall launch, ride, land, tether, pilot; jump fzozxi`o~dive fioz~a hot-air balIocin, airplane, helicopter, hang-glider, or other dev,~ceadesigned for~~t~an fli"~1tf,::A violation of this provision shall be a misdemeanor. This p~oyision shall nt~ta~ply to miniature or toy versions of such aircraft, though other regulatzozis-.~xaay apply to the use of same. C. Alcohol. 1. Sale, provision,~cQx-~nunp~ion, andlor possession. The sale, provision, consumption, and/or possession of ~Iedlolic beverages shall be subject to the following requirements. a. Alcohol sold or provided at public event. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or ©utdoar Market is open to or accessible by the public, alcohol maybe sold or provided only pursuant to the terms and conditions of a duly issued Temporazy Use Permit and a Liquor Catering Permit from the City Clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be a rnisdenaeanor. PACE 7 of 1 S DRAFT PARxS ConE REVrSION MPR & LEGAL DEPARTMENT REP+DRT SEPTEMBER l.{l, 2013 b. Alcohol brought to public event from off site for personal cansuxnption. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is open to or accessible by the public, alcohol that is brought to the Park far personal constunptian may be consumed or possessed within the boundaries of the Special Event or Outdoor Market only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Meridian Parks and Recreation Department Alcohol Per~rrit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $104.40 plus court costs. c. Alcohol sold or provided to attendees of private.~vi;nf. (1) Where TUP required. Where a Special Ey~~lor~0utdoor Market is held in a City Park, and such Special Event or Outdooz;,,M~r~ef~zs zaot open to ar accessible by the public, alcohol may be sold or provided only pursuant jtio the terms and conditions of a duly issued Temporary Use Perrniti ~1d~~a Liquor Caging Permit from the City Clerk. It shall be unlawful for azz~~~ei~son to sell or provtd~;=any alcoholic beverage in violation of this provision. A vzolat~`op of this provision shall:l~~,an infraction, the penalty for which shall be $100.00~`p~tis~:court eo~ts~ °?y (2) Where TUP. not requi~ ecl. Where a pr~Yate evet~not requiring a'~~mporary Use Permit is held in a City parl~7^and such event>is~not open to or accessible by the public, alcohol may be sold iii ~?z'ovided only pursuant to the terYns and conditions of an Alcoholic Beverage C~'~~~ng P~~~~t iduly zssi}e~ by the City Clerlc. It shall be unlawful for.. any,; person to se~lor provrde_a~cohoh~ beverages in violation of this provrsron `A yrol~t~on of this prbvisro~ sl~~l~ be an rnf~~ction, the penalty for which °. ~~ ~ ._~ shall b~$~ 4b.00 p~us.~otirt costs.~~ a ~= °° d. Alcohol site for personal consumption, ial Event or Outdoor Market is held in a door Market is not open to or accessible by -'`' the pubhir alcohol th~tis brought"~~;~he Park for personal consumption may be .consumed or pa~~esse~l within the boundaries of the Special Event or Outdoor r~ Iylarket only ptti~~ant to tl~e,terms and conditions of a duly issued Temporary Use l~~~rtit and a Meridian Pails and Recreation Department Alcohol Permit. It shall be un1a~I for any p~r~on to consume or possess an alcoholic beverage in violation of this pro~~sion. A violation of this provision shall be an infraction, the penalty for which s11all be $40:`04 plus court costs. (2) Where TUPr~Sy;,;dt required. Where a private event not requiring a Temporary Use Permit is helcl~ri a City Park, and such event is not open to ar accessible by the public, alcohol that is brought to the Park far personal consumption maybe consumed or possessed only pursuant to the terms and conditions of a duly issued Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful far any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.04 plus court costs. e. Park Alcohol Permit. PAGE $ OF IS DRAFT PARKS CODE REVISION MPR & LEGAL DEPARTMENT REPORT investigation and return it to the Director ~~ Within twenty one (2I) calendar days of heceipt of a cpmplete application for a Park Alcohol Permit, the Director or de~~gr~~~~'shall eithez is~ti~{Park Alcohol Permit to the applicant or deny the application' where an application is ,denied, the Department shall notify the applicant of such de~xaI in writing, which slia~l include notice of the right to appeal such decision as set'fbrth,in this cl~pter. pax~C„shall operate ~i aid in the operation ~of a private radio, ~e~vice~at,a greater vo"~~me than sixty-two {62} decibels Gt~e,e of ti?~~l?tiy feet (2~?) therefrom, except as such device y p1,;Merclia~a Amplified ~QUnd Permit ar Temporary Use y toe operated at: a volilme nQ =greater than sixty-two {62} to the,~?er:~e~er of the;~ty Park. Application for a Parlc Alcohol Permit shall be made to the Department, and shall include the fallowing: {a} A completed application farm provided by the Department, which form shall include applicant's name, physical address, phone number, date afbirth, and driver's license number; a description of the location at which. alcohol will be served, consumed, or possessed; and the time of day, length of time, and date the alcohol is to be served, consumed, ox possessed. (b) Permit fee as established by fee schedule. 2. Upon receipt of a complete application far a Park Alcohol Permit, the Director shall refer the application to the Chief of Police or desg3~~e, who shall cause an investigation to determine the validity and com j~eteess ^f the infot~nation therein. The Chief of Police or designee shall endorse u~o;n the application the findings of the D. Amplified sound. No person in stereophonic ar sound amplifieat measured from such devices to a is otherwise allo• Permit, in which decibels ineasurE 1. Application i include a cor. SEPTEMBER 10, 201.3 .11 be made'to the Department, and shall by the Department, which form shall include ber, date of birth, and driver's license aplified sound will be used; and the time of ~d will be used. of receipt of a complete application for an Amplified they issue an Amplified Sound Pei~rnit to the applicant lication is denied, the Department shall notify the rich shall include notice of the right to appeal such 11 include, on its face: and any employees and/or persons permitted to use amplified sound urcler such permit; b. The times}, dates}, places}, and manner at and by which the Amplified Sound Permit is effective; c. Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. 5. A violation of this section shall be an infraction, the penalty for which shall be $10.00 plus 2. Wi{ln twenty one Soui~d;~~ermit, the or deny the ~~plica applicant o'£ such d decision as set.forti 4. The Amplified Sol a. The name{s) of court costs. PAGE ~ OF 15 DRAFT PARKS CODE REVISION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 E. Boating, swimming or wading. Na persax~ shall boat, windsurf, swim, bathe or wade in any water or waterways, or pool in any park, except in such water and at such places as az•e provided therefor and in compliance. with all applicable and/or posted rules and regulations. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. F. Camping. No person shall set up a tent, shack, or any other temporary shelter for the purpose of camping, except by order of the Director, nor shall any person leave in a City Park after closing hours any tent, shack, movable struchue or vehicle that is or could be used for such purpose. A violation of this provision shall be an infraction, the penalty for which shall be $140.00 plus court costs. %°~=. G. Defacement and damage prohibited. No person in any 1?ark shall willfully mark, deface, disfigure, injure, tamper Wlth, ar displace oz• remove~n~ bailcixzg, bridges, tables, benches, fireplaces, railings, paving or paving material, Water~'lries or otle,,public utilities or parts or appurtenances Whatsoever, either real ar person~l~c~~r' have in hzs~pos~fession any of the foregoing things ar objects, or any part thereof. A vzolafz~ri~of this provision shall..be a misdemeanor. H. Dogs. 1. Control of dogs. No person ovzning ox having t~e cars: custody, posses~zp; or cantral of a dog shall permit or allow sucl'do~~;toenter or reziial~ except: a. Where such dog is controlled by a leash. b. Where such dog rs confined irz ~~moto~ vehicle ( c. Where such dog zs carried by sizc~iperson owning or fia~~ng the care, custody, ~::~~ possession, o~• contio~ cif such dog, ;,a d. At the Barl~:P~:i'k andloi` ~n.,such areas ;destgriated liy Elie: Department or Director as dog ~, training and~~eXe~cise grounds, subject~to;the rules and regulations therein and as maybe °r' prescribed. ` `~ 2. Remava~:of fecal matter No pers=on owning br having the care, custody, possession, or coptz,o~ o~"a dogeall: ~. ~ Fail to have`ii his/her possession the'°equpment necessary fio remove his/her dog's fecal ~~tfiex when accozripanie~ b~~aid dog in any park. b Fayl,:to remove the ~~ec~l matler,=d~posited by his/her dog in any park before the owner leaves';~e immediate ai~a whei~e~~t~ie fecal matter was deposited. A violation o~ tla~~;:provision sk~a~l be an infraction, the penalty for which shall be $25.40 plus court costs. This povisioii sha11'not apply to: police officers and their service animals during the official performai~.ce..o~ah~;i:r~duties; handlers of search and rescue animals during the official perforzxzance of their duti~~,o~persons with disabilities utilizing assistance animals. I. Fences and Restricted Areas. No person in any park shall climb upon or go inside security fences, maintenance service areas, or other permanently or temporarily restricted areas. A violation of this provision shall be a misdemeanor. J. Fires. No person in any park shall light, build, or maintain a fire, except for culinary purposes in grills or fireplaces designated fox such purpose, and no person shall leave the immediate area without f rst extinguishing such fire. A violation of this provision shall be an infraction, the penalty for which shall be $ ] 00.00 plus court casts. PaG~ 10 or+ 15 DRAFT PARKS CODE REVISION MPR & LEGAL DEPARTMENT REPORT SEPTEMBI';R 10, 2013 K. Fireworles, No persan in any park shall discharge, or have in his possession, any fireworks, except as specifically authorized by Director's order. A violation of this provision shall constitute a misdemeanor. L. Fishing. No persan shall fish in any waters in any City Parlc, whethex by the use of a hook and- line, net, trap, or other device, except in waters designated far that use and in compliance with alI applicable and/ar pasted rules and regulations. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Fishing licenses shall be required pursuant to Idaho Department of Fish and Game regulations. M. Glass. No person shall use, carry, or be in the p violation of this provision shall be an infraction, costs. N. Golf. Golfing or driving golf balls is violation of this provision shall be an costs. 4. Horseback riding prohibited. City Park. This section shall not ap official performance of their duties. penalty for which shall,be,$100.001 P Q• Hunting prohib bird; nor shall an bird. A violation plus cou~;tcosts;;. 1. En~'oxcement of out of t1e~:G~ty Park. 2. Obey traffi~;~igns. No direction, cau`t~n,,stopl proper control ofYekuc..~ 3. Speed of vehicles.~~1~T:o container made of glass. A rhich shall be $25.00 plus court in specifically; designated facilities. A alty for which°`s~a~l be $50.00 plus court ~, tnrougn, or over any Tice animals during the be an infraction, the projectiles at any animal or ve, o,ossess the eggs; nest, ar young of any animal or bean i~action, the penalty for which shall be $100.00 No person shall fail to obey the direction of any police ;n authorized by the Diz-ectar to direct traffic in, into, or i shall fail to observe any traffic sign indicating speed, arking restrictions or regulations, or other sign posted for pedestrian traffic. shall ride or drive any velucle, whether motorized or unmotorized, at a rafie "~f speed exceeding fifteen (1 S) miles per hour, except as otherwise designated by pasted signs. 4. Vehicles confined to roads. No person shall drive any vehicle, whether motorized or unmotorized, on any area except the paved park road or parking areas, or such other area as is specif tally designated by the Director as a parking or driving area. 5. Penalty. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. PAGE 11 OF 15 DRAFT PARKS ConE REVT5ION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 R. Park CIosure. No persona shall be in the park during hours of closure, except for purposes of transit through the park, or as authorized by permit or Director's order. A violation of this provision shalt be an infraction, the penalty for which shall be $100.00 plus court costs. S. Parking in Parks. 1. City parl~ing code applies. Except as otherwise set forth specif tally in by code or Administrative Policy, Meridian City Cade provisions regarding parking shall generally apply ill City parks. 2. Designated Areas. No person in any park shall park a vehicle in other than an established or designated parking area. Na person in any park shall us , a?parking area in violation of .~,,, pasted directions, state or local law, the instructions o~~~aay-'police officer or duly authorized s:,,::~>~~~,, representative of the Director, or Administrative Polio~:~?;,;. 3. Overnight Parking. No person shall leave any eli~le'~~ta~iding or parked in any parlc when the park is closed, except as specifically autho~;~z~d'by Dri~ectgz~'s Order or Administrative Policy. ~% r 4. Restricted Vehicles. No orator vehicles sliall'lre permitted an anysdewalk ar pathway of any park except: a. Vehicles operated by law e b. Emergency vehicles operas services; e. Vehicles operated by the P d. As specif tally allowed by 5. Penalty. A violation, of this pr+ $100.00 sus col c ~ ~~:aF,,r p ?~, . Q t~:..zfi::a.. T object when other penalty for,wlae~a.; humans iri':~ed of emergency ion of Director. ie penalty for which shall be a shall gpe=ate a rerrrafe-controlled toy, vehicle, or other A violatror~ of this provision shall be an infraction, the U. Rules and Regulatoh~ No per~~n, shall viola~;e~any rules and regulations for the use of a park, or any o~~its facilities or px~gram~~s such are or may be promulgated by the Department, and(or the Director. A violation of4F1s provi~ro~?, shall be an infraction, the penalty for which shall be $100.00 plus cp~irt costs. ~ ~;. V. Signs. Except as otl~rwise sp~ctf tally allowed by written authorization of the Director and/ar by permit or reservaf~pn ap~loVed by the Director, no person in any park shall paste, glue, tack or otherwise post or aflt~ arty` sign, plaque, advertisement, or inscription, whether temporary or .r.-~ permanent, to or upon any`park real ar personal property, facility, or surface. A violation of this provision shall be an infiaction, the penalty for which shall be $25.00 plus court costs. This section shall not apply to plaques, tablets or signs posted ar affixed by the City. W. Tennis Courts. No person in any park shall fail to observe and/or violate the rules and policies regarding the use of such courts as promulgated by the Director. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. PAGE 12 of 15 DRAFT PARKS CODE REVISION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 X. Thrown objects, No person in any park shall throw, propel, or take part in or abet the playing of any games involving thrown or otherwise propelled objects such as stones, axraws or javelins except in areas specifically designated for such forms of recreation. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Y. Trees, shrubbery and vegetation, No person in any park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or picl~ the flowers or seeds, of any tree or plant. Nox shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or climb trees, or in any other way injure or impair the nat~~ral beauty or usefulness of any axea. A violation of tla~s~provision shall be an infraction, the penalty for which shall be $100.00 plus court costs Z. Wheeled Devices. No person in any park shall ride oY opeate a skateboard, roller skates, scooter, inline skates, bicycle or other wheeled iecxeation equipt~~nt on any ornamental surface, piciuc table, bench, tennis court, fountain area-~~plash pad, playgro~x~d equipment, planter, sculpture or other structure unless otherw~ses~~e~i'fically designated for=such activity. A ,,,. violation of this provision shall be an infiactid~g:;the penalty for which ~k~~~ be $100.00 plus SECTION 13-2-7: PARK A. Hours of operation. Parks shall be overt to the ~attblic evey ~~y of the year from dawn to dusk, which shall be defined as thirty {30) nnizi.#tes before ~umise to thirty {30) minutes after sunset. Visitors and vehicles `shah Vie. ~~cluded ciuir~g th~~oizrs of ,closurepexcept when authorized by permit, where hout~ a~~~otheri~~~e,posted, b~r~~foi•~transit tfi~~ftgh a park. The Director shall have the authority to chari~e the hours c~~any Paiklj~'17irectoz's Oi'cler. B. Closed areas Airy section'Qr part:;of ariy park rn'a~.be declared closed to the public by the Dhectoi'at ariy tirne~~~nd for` any~~ntexval°=oftiir~e, ei#her temporarily or at regularly and/or stated intei`vais"and either et~tir~ly or met~ely to certairi~~ttses, as the Director shall find reasonably neces~a~~ ;. ~. Section 13-2-8:DENIAL OR~`:VOCATIbN OF PERMITS; APPEAL: The following provrsipns,ahall ap~~ to Short-Term Concessionaire Permits, Park Alcohol Permits, and Amplified Sound 1'~rir~~#s , s , A. Written notice of the denzal~ of a permit shall be sent via U.S. mail to the applicant at the address set forth on the application. B. The Department shall deny an application for any of these permits where: 1. The application is incomplete or required application materials or fees have not been timely submitted; 2. Investigation of such application or application materials reveals that provided information { is invalid, false, or incomplete; PAGE 13 or 15 DRAFT PARxs ConE REVISION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 3. Tlie proposed activity to be permitted will not be conducted in accordance with alI applicable provisions of law or policy, including, but not Limited to, this Chapter; Department Policy; and/or Director's Order; or 4. The Meridian Police Department recommends denial in oz•der to protect the public health, safety, or welfare. C. Appeal of the denial of an application for any of these permits may be made by the applicant within fourteen (14} days of the mailing of such denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Cleric via U.S. mail or in persaz~.. Upon receipt of such appeal, the City Clerk shall ~,eedule a public hearing an the appeal at a City Council meeting within thirty (34) days Tla~ City Council's decision an such . ,., appeal shall be a final decision. D. In addition to any and all other applicable civil ot- ccziia revoke any of these permits where: 1. Any term or condition of the permit is vzol~ted by the person operating or acting under such perz~~~t;r 2. In the course of operating or acting under s'tel%:permit person operating or acting undex,such permit vzQ.~~tps but not limited to, this Chapter, D~~artment PoliCy3 ~r 3. It is found, after issuance of such I?er~azt .that it was is or incomplete information an the~h~~plzcat>pal~erefor. 4. The operation c approved time, The Department sb notice to the applic shall be effective it via u~;{~~znau or appeal Section 13-2-9: A. Ofiyeials. Except authorized repres tl~e Department may any employee or permittee oisatzy employee or vision of law {ar^policy, iz~zcluding, Director's Orden. pursuant to falsified, inaccurate, materially from the the in the writing, and shall mail such nit application. Such revocation ~.11e Department. Appeal afthe Department's trz~tee. Such appeal shall be made to the City ..~:;. zcli~~°~ppeal, and shall be delivered to the city clerk ';appeal, the City Clerk shall schedule a public within thirty {34) days. The City Council's 'se provided herein, peace officez•s, the Director, and other duly Director shall enforce the provisions of this Chapter. B. Ejecttn~ent. A police officer, the Director or a duly authorized City of Meridian representative, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of his ejectment. It shall be unlawfiil for any person ejected from the park to fail to leave promptly and peaceably, or to return to the park an the same calendar day of his ejectment. PAGE 14 or+15 DRAFT PARKS CODE REVISION MPR & LEGAL DEPARTMENT REPORT SEPTEMBER 10, 2013 C. Trespass in Parks. It shall be unlawful for any person to enter, remain in, or be present within or upon the premises of a parlc or park facility or any portion thereof during the hours when the park is closed to the public or enters, remains in, or is otherwise present within an area of the park clearly delineated by signs or ban•iers as temporarily ar permanently closed to the public. Trespass in parks shall be a misdemeanor. D. Seizure of Property. A police officer shall have the authority to seize and canf scate any property, thing ar device used in violation of this chapter. E. Removal of Vehicles. Any vehicle parked in violation of is subject to removal. F. Exclusion notice. The Director or designee may, by~deh'v~>f the offender, exclude from a city park anyone who, vvifhin a c any provision ofthis chapter; or of Idaho state.;code~' The affe: convicted of any crime or infraction in order stir, an exclusion ~ The exclusion may be based upon abservatiox~ ~~i~ the Director civilian reports that would ordinarily be reliedrix~`,o'n,by pore,; probable cause. 1. The director or his designee nlaq exclude the current violation occurred for a pe~i6~d hot; ex exclusion notice. ;._ 2. The exclusion notice,sh~ll bern writing and``'s notice shall spec~;~y the ;length and places of e individual. Wa~~~n~ of the ~~'nsequence~foi~ displayed on 3. An offender or Administrative Policy exclusion notice in person to rk, violates any Park rule, deed not be charged, tried, or t~~be issued or effective. upon the sort of letermination of the city park ii~`which the (7} days from the date of the ate of issuance. The exclusion be signed by the issuing shall be prominently ,within two (2) days excluding weekends and xz notice, appeal to the city council for the elusion. The notice of appeal shall be filed ~ttth~f~he city elei~l~ The appeal,;i~iust be ir1 Ting and must set forth the reason why such exe~~t~ion should notbe~,enfoic~~ct; The exclusion shall be stayed upon filing of a notice of ~F appeal ` the city couneil~hall hear the appeal at the second regular council meeting following-the date the appeal is filed=~vitli the city clerk. The city council may uphold the exclusion, oye~-turn the exclusion, or shorten the length of the exclusion. City Council's decision shall be:a final decision. No determination of facts made by the city council shall have any collateral estoppol~'effect on a subsequent criminal prosecution or civil proceeding and shall not preclude lf~ation of the same facts in a subsequent criminal prosecution. 4. This section shall be e~`forced so as to emphasize voluntazy compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion notice. Section 13-2-10: PENALTIES: Except where otherwise provided herein, the violation of any pxovision of this Chapter, any duly effectuated Administrative Policy of the Department, or Director's Order, shall be a misdemeanor. Nothing in this chapter shall be construed as to limit City employees or other authorized persons from performing their official or City authorized duties. PACE 15 of 15 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Legal Department: Interagency Agreement for Sale and Transfer of Real Property with Ada County Highway District MEETING NOTES ~~~~ Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS INTERAGENCY AGREEMENT FOR SALE_AND TRANSFER OF REAL PROPERTY THIS IN'T'ERAGENCY AGREEMENT FOR SALE AND TRANSFER OF REAL PROPERTY ("Agreement"} is made arzd effective as of the .~ day of September 2413, (the "Effective Date") by and between the Ada County Highway District, a duly formed and existing highway district pursuant to the laws of the State of Idaho, by and through its Board. of Commissioners ("Seller"), and the City of Meridian, a duty farmed and existing municipal corporation pursuant to the laws of the State of Idaho, by and through its Mayor and City Council ("Buyer"), pursuant to Idaho Code §§ 67-2322 - 47-2324, and upon the fallowing terms and conditions: WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION, TIC RECEIPT QF WHICH IS HF1tESY ACKNOWLEDGED, IT IS AGREED: 1. Purchase and Sale. Subject to the terms and conditions hereof, Seller agrees to sell to Buyer, and .Buyer agrees to buy from Seller, subject to the contingencies herein pi'avided, that certain parcel of real estate legally described on Exhibit A attached hereto and made a part hereof, including, without linutatian, axzy right, title and interest of Seller in and to adjacent streets, alleys, rights-of--way, easements and any azzd all tenements, hereditaments and appurtenances pertaining thereto, together with alI irr;provements, buildings and structures and attached fz~ttures located thereon, if any, and all rights, privileges, easements and appuz~tenances, if any, thereunto belonging (collectively, the "Property"), excluding, however, any and all pez'sonal property owned by Seller and located on the Property. All furniture, fixtures and equipment located in or on the Property an the effective date shall be transferred to Buyer at closing. 2. Conlin eg ncies. (a} Due Diligence Feriod. Buyer shad have thirty (30) days from the Effective Date to conduct its due diligence. (i~} Survey. This Agreement shall be contingent upon Buyer finding and bringing to the attention of the Seller no material encroachments on the Property or discrepancies in the physical characteristics of the building or premises, such as but not limited to, a material departure from the size of the building as represented in the sales materials, or other matters disclosed in an ALTA survey pz`ior to expiration of the Due Diligence Period. (c) Environmental Audit, This Agreement shall further be contingent upon Buyer finding and bringing to the attention of the Seller no material environmental hazards during the Due Diligence Period. (d} Inspection Report. This Agreement shall be contingent upon, if elected by INTERAGENCY AGREEIVYEN?' SALE AND TRANSFER OF REAL PROPERTY -PAGE 1 the $uyer, the obtainr`ng by the Buyer during the Due Diligence Period, at the Buyer's cost and expense, a written report of the Property's condition from a recognized real estate inspactian service ar construction expert, evidencing that the Property and all equipment and systems therein and all structural components thereof comply with all applicable building, life_safety and other applicable codes and are in good condition arad that there are no repairs ar replacements necessary. (e) Legal Compliance. This Agreement shall be contingent upon Buyer confirming, during the Due Diligence Period, that the Property is in full compliance with all zoning, building, life-safety and other caries and regulations applicable to the Property. {f) No Adverse Change. This Agreement shall be contingent upon there occurring na material adverse change to the Property prior to the Closing Date. {g} Seller's Obligations. This Agreement shall be contingent upon all covenants, repxesentations and warranties of the Seller herein are, and shall be at the Closing Date, true and correct, and that Seller has fully and timely performed each of the Seller`s obligations required to be performed hereunder. (h} Condition of Title. This Agreement shall be contingent upon .Buyer Ending and bringing to Seller's attention no encumbrances, defects, or clouds an the title, such as may be disclosed in a standard title insurance commitment. If Buyer does not bring any such encumbrances, defects, or clouds to the attention of Seller within the Due Diligence Period, it shall be deemed to have accepted the condition of title. 3. Purchase Price. The purchase price ("Purchase Price") to be paid by ,Buyer to Se11er far the Property shall be Three Hundred Fifty Thousand and Q01100 Dollazs ($350,QQf}.00}, ©n the Closing Date, Buyer shall deliver the Purchase Price to Escrow Agent, by wire transfer ar other form of immediately available funds, subject to the proratians and adjustments identified in Paragraph 8 hereof, if any. 4. Title Policy. Seller shall cause First American ("Title Company") to deliver to Buyer on the Closing bate a policy of standard title insurance. Seller shall pay the basic premium for the Title Policy in a policy amount equal to the sales price and Buyer shall pay for any special endorsements which Buyer desires to obtain, S. Covenants _and._Representations. Buyer and Seller hereby make the following covenants and representations: {a) Seller has the requisite power and authority to eater into and fully carry out this Agreement and any sale of the Property made pursuant hereto. (b) Buyer has the requisite power and authority to enter into and fully carry out this Agreement and any purchase of the Property made pursuant hereto, (c) Seller has not and shall not commit any act ar omission which would 1[NTERAGENCY AGREEMENT SALE AND TRANSFER OF REAL PROPERTY -PAGE 2 cause the innposition or creation of any lien, charge or encumbrance far which payment has not been made, secured or otherwise provided far and which might otherwise result in the irnpositian of a mechanic's lien ar similar lien against the Property. (d} Seller shall not enter into or cause to be entered into any written or oral lease for the Property or any portion thereof from the date hereof to the Closing Date without first obtaining the written consent of Buyer. (e} Attached hereto as Exhibit C is a list of existing contracts and agreements, including, without limitation, leases, rental agreements, service contracts, warranties, maintenance contracts and utility agreements (collectively "Contracts"}, which pertain to the Property. Seller shall deliver copies of the Contracts and Warranties to Buyer within ten { 10} days after the Effective Date. (f) No Yiolatians. Seller warrants that neither Seller nor any agent, representative or lessee of Seller has received any natives from any city which has jurisdiction of zoning, building; fire, safety, health or other code violation in respect to the Property that have not heretofore been corrected, {g) All systerrts and components comprising the property are, and shall be on the Closing Date, in good operating condition and in compliance with all applicable laws, statutes, ordinances and regulations. Until the Closing Date, the Seiler shall provide all routine and normal maintenance required for the Property to the end that the Property shall be in the same condition at the Closing Date. (h} Neither the Seller, nor any person occupying the property with the consent of the Seller, has deposited, stored or disposed of any hazardous materials or wastes an the Property while the Seller has been the owner thereof. To the best of Seller's knowledge after due inquiry {i} there are no environmentally hazardous materials or wastes contained in ox located on the Property; (ii} there has not occurred on the Property any discharge, spillage, uncontrolled loss, seepage or filtration of ail or petroleunx ar chemical loss ar sand liquid or gaseous products or other hazardous waste ar toxic substance; (iii) na wells or underground storage tanl~s are currently an, or were at any time, located on the Prop~i•ty; and (iv} the Property has not been identified by any governmental agency as a site upon which, or potentially upon which, environmentally hazardous materials have been or may have been located ax deposited. The Seller further waiTants that the Seller has not received any notice from any governmental agency which would indicate that there is a possibility that there are environmentally hazardous materials or wastes contained in or located on the Property. {i) The Seller is not a foreign person within the meaning of ~ 144 of the Internal Revenue Cade of 1986. The Seller shall sign an affidavit to this effect to be delivered to the Buyer at closing. (j} Ta the best of Seller's knowledge, no building or other improvement encroaches on the Property, nor does any building or improvement which is part of the INTERAGENCY AGREEMENT SALE AND TRANSFER OE REAL PROPERTY -PAGE 3 l` Pxaperty encroach on lands of others or on any public or private road or right-of way. (k} Except as set forth an Exhibit C, there are no contracts with third parties which affect the Property which will continue in force and effect beyond the date of the closing of the purchase by the Buyer of the Property. The Seller covenants that between the date of this Agreement and the Closing Date, the Seller shall not enter into any contracts with third parties with respect to the Property which will continue in force and effect beyond the Closing Date or which the Buyer could be liable. (1) The Property, and the use, occupancy and operation of the Property, comply, in all respects, with all- applicable laws, codes, ordinances and regulations, including, but not limited to, the provisions and requirements of the Americans with Disabilities Act of 1.990 (42 U.S.C. §§ 12101, et seq.) ("Act"}, or is legally exempt from compliance therewith, which exemption shall continue in force and effect after the closing of the purchase of the Property by the Buyer, {m) There are no facts or conditions eQneerning or relating to the Property of which Seller is aware and which have not been disclosed by the Seller to the Buyer which would (i} prevent the Buyer from using and operating the property after the cIosiag for governmental office use and emergency ambulance operations, (ii} materially impair the fair market value of the Froperty, or (iii} materially increase the casts of operation of the Property, (n) There are not now, nor at the Closiztg Date will be, any material physical or mechanical defects concerning the Property, including, without limitation, the structural and load-bearing components of the building comprising the Property, the roofs, the parking lot, the plumbing, electrical, beating, air-conditioning and ventilation systems, the life-safety systems, and all of such are and shall be in good operating condition and repair and in compliance with all applicable building and life-safety caries, environmental, zoning and land use laws and ordinances, and other applicable local, state and federal laws and regulations. 6. Escrow Closing. The closing of the purchase and sale of the Property shall be effected through an escrow at the Title Company and delivery of the deeds and any other documents and payment of the Purchase Price for the Property shall be effected through such escrow. The terms of such escrow shall be pursuant to an escrow agreement in customary faz'na modified to reflect the transaction contemplated herein. The cost of said escrow shall be boz7ne equally by Seller and Buyer, This Agreement shall not be merged into such escrow agreement but the latter shall be deemed auxiliary to this Agreement and in the event of any conflict the provisions of this Agreement shall be controlling as between the parties hereto, 7. Closing and fJbligations at Closing. Sub,~ect to any termination of this ~, Agreement permitted hereunder by Buyer or Seller, closing shall take place at the office of the Title Company on a date rnutua]ly agreed upon in writing by Seller and Buyer ("Closing Date"); provided, however, that said date shall be on or before the expiration of thirty (3U) days from the INTERAGENCY AGREEMENT SALE AND TRANSFER OF REAL PROPERTY -PAGE 4 Effective Date. On the Closing Date, the obligations of Buyer and Seller shall be as follows; (a) Buyer shall cause the Purchase Price, plus or nunus prorations, ff any, to be transferred to the Title Company, as herein provided. (b} Seller shall execute and deliver a Warranty Deed in the form attached hereto as Exhibit B, conveying title to the Property to Buyer, subject to the Permitted Exceptions. {c) Seller and Buyer may execute an assignment and assurnptian of tlae Contracts and Warranties designated for assignment by Buyer, which assignment and assumption shah be in form prepared by Seller and approved by Buyer, which approval shall not be unreasonably withheld or delayed, and Seller shall execute and deliver ternunation notices for all other Contracts. {d) Seller and Buyer shall execute such other documentation as is reasonably requested or as is required by this Agreement or applicable law tp effectuate the transaction contemplated hereby. 8. Prorations. All expenses and charges in connection with ownership and use of the Property, including zeal estate taxes, shall be prorated as of the Closing Date, To the extent C that information for any such proration is not available an the Closing bate, the parties shall effect such prarations within thirty (30} days after the Closing Date. 9. Default and Remedies. Hither party may exercise any remedy available in law or equity. 1a. Destruction or Damage, Irj the event that prior to the Closing Date all or any material portion of the Property shall he destroyed or damaged, Seller shall give Buyer notice of such occuz~ence and either Seller or Buyer shall thereafter have the option to terminate this Agreement in whiclx event all obligations of the parties hereunder shall cease and this Agreement shall have no further farce and effect. Seller shall exercise its option to terminate the Agreement by giving Buyer native of such termination concuxrerttly with the notice of the destruction or damage. T3uyer shall exercise its option to terminate the Agreement by giving Seller notice of such termination within thirty (3t)) days after receipt of notice from Seller. If Seller elects to ternnate, Buyer shall have the option, which must be exercised prior to the Closing Date, to nullify Seller's notice of ternunatian by giving notice to Seller of Buyer`s intention to accept the Prapez`ty "as is" and irrespective of such damage, in which event the parties shall proceed to close this transaction in accordance with the terms hereof and with na reduction in the Purchase Frice; provided, however, Seller shall assign to Buyer any and all rights Seller may have to insurance proceeds pertaining to such damage. Tf Buyer fails to exercise said option prior to the Giosing Date, this Agreement shall be deemed terminated and aI] rights and obligations of the parties hereunder shall cease. l 1. Condemnation. Tn the event of any taking by the exercise of the power of eminent INTERAGENCY AGREEMENT SALE AND TRANSFER OF REAL PROPERTY -PAGE 5 domain of a substantial portion of the Pxapet•ty prior to the CIosing Date (such portion as would impair or otherwise affect the present use of the Property will be deemed substantial}, Buyer shall have the right to terminate this Agreement by giving written notice to Seller prior to the Closing Date. If Buyer elects to terminate this Agreement, all awards and epmpensation arising out of sand condemnation shall be the property of Seiler. Tf Buyer fails to give Seller notice of termination prior to the Closing Date, said right to terminate shall he deemed waived and Buyer shall be credited with or assigned all of Seller's right, title and interest to all awards and compensation arising out of said condemnation, and Buyer shall remain obligated to purchase the Property with no reduction in the Purchase Price. Itt the event of any taking of an insubstantial portion of the Property prior to the Closing Date (such portion as would not impair ar otherwise affect the present use of the Property will be deemed insubstantial}, Seller shall assign to Buyer all of Seller"s right, title and interest to all awards and compensation therefor and Buyer shall remain obligated to purchase the Property with no reduction in the Purchase Price. If either party terminates the Agreement under this section, all earnest money shall be immediately refunded to the Bayer. 12. Buyer's Right to Enter and Inspect the Property. Friar to tlae Closing Date, upon one (1} business day's prior written notice, Seller shall permit Buyer, or its authorized or designated representatives ar agents, to enter the Property froxn time to time, so long as any such entry does not disturb the use of the Prapeity by Seller or any other occupant or the Property and so long as such entry is accompanied by a representative, agent or employee of Seller, should Seller sa request, for the purpose of performing tests, environmental audzts, engineering studies, surveys, and other inspections, studies and tests on the Property as Buyer may reasonably deem necessary, at Buyer's sole cast and expense. Buyer agrees to defend, indemnify and hall Seller harmless from any claim, loss, liability ar expense (including reasonable attorney's fees} in connection with any entry an the Property by Buyer, its representatives, agents, employees and independent contractors, including, without limitation, any tests, inspections, studies and surveys performed thereon, and Buyer shall gramptly repair and restore the Property to the same condition as existed immediately prior to such entry. I~l'otwithstanding the foregoing, Buyer agrees that it shall neither make nor allow to be made any changes in the Property without the prior written consent of Seller. 13. Notices. Any and all notices, demands, consents and approvals required under this Agreement shall be sent by certified or registered mail, postage prepaid, return receipt requested, addressed to the parties as follows: Seller: Board of Ada County Highway District Commissioners 3775 Adorns St. Garden City, Idaho 53714 Buyer: Meridian City Council 33 E. Broadway Ave. Meridian, Idaho 53{42 Notices shall be deemed to have been received on the second (2nd? business day after they are deposited in the United States mail as provided above. INTERAGENCY AGREEMENT SALE AND TRANSFER Qr REAL PRQPERTY -PAGE 5 I4, Assignment, Buyer shall not have the right to assign or transfer Buyer's interest in this Agreement without the prior written consent of Seller, which consent may not be unreasonably withheld. 15. Brokerage. Seller hereby represents and warrants to Buyer that it has no Brokers involved in this transaction, Buyer hereby represents and warrants ro Seller that Buyer has engaged the representation of Agent Tricia CalIies through Broker Reata Connor of ~W Commercial. Pursuant to a separate agreen~ent between Buyer and broker, Buyer will be compensating }broker at Closing. 16. Other Acts. Buyer and Seller each hereby agree to perform such other acts, and to execute, acknowledge, and/or deliver such other instruments, documents and materials as maybe reasonably necessary to effect consummation of the transaction contemplated herein. 17. Tune Is Of The Essence. Buyer and Seller mutually agree that time is of the essence throughout the tertxr of this Agreement and every provision hereof in which time is an element. No extension of time for performance of any obligations or acts shall be deemed an extension of time fox performance of any other obligations or acts, If any date or perforrance of any of the terms, conditions or provisions hereof shall fall on a Saturday, Sunday or legal holiday, then the time of such performance shall be extended to the next business day thereafter. 1$. Para to h Headin s. The paragraph headings contained in this Agreement are for convenience only and shall in no way eztlarge or Iitxrit the scope or meaning of the varioas and several paragraphs hereof 19. >nterpretatron. Whenever used in ti~is Agreement, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 20. Applicable Law and Parties Bound. This Agreement shall be constrved and enforced in accordance with the laws of the State of )<daho and shall be binding upon and inure to the benefit of the parties hereto and, subject to the provisions of Paragraph 14 hereof, their respective successors and permitted assigns. 21. Attorney Fees. In the event either party elects to file any action in order to enforce the terms of this Agreerrtent, ar for a declaration of rights hereunder, the prevailing party, as determined by the court in such action, shall be entitled to recover all of its court costs and reasonable attorney fees as a result thereof from the losing party. 22. Amendments. All amendments and/or supplements to this Agreement must be in writing and executed by each party hereto. .However, such amendments and/or. supplements may be executed in counterparts, all of which shall be deemed to constitute one document. 23. No Merger. The obligations, representations and warranties herein contained shall not merge with transfer of title but shall remain in effect until fulfilled. INTERAGENCY AGREEMENT SALE AND TRANSFER. Ol:~ REAL PROPERTY -PAGE 7 24. Entire Agreement. The panties acknowledge and agree that at all times they have intended that none of the preliminary negotiations concerning this transaction would be binding on either party, and that they would be bound to each other only by a single, formal, comprehensive document containing this paragraph and all of the agreements of the parties, in final form, which has been executed and delivered by Buyer and Seller. The parties acknowledge that Wane of the prior oral agreements between then (and Wane of the representations an which either of them has relied) relating to the subject matter of this ,f~-greement'shall have any farce or effect whatever, except as and to the extent that such agreements and representations have been incorporated in this Agreement, 25. 1No _~iecordin~. Buyer shall not record this Agreement or any rnernorandum ar chart form hereof. 25. Counterparts. This Agreement may be executed in counterparts, all of which counterparts taken together shall be deemed to be but one original. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written. [Signature page follows] INTERAGENCY AGREEMENT SALE AND TRANSFER OF REAL PROPERT'Y' -FADE $ ATTEST: STATE OF IDAHO . } } ss. Country of Ada } BUSIER: City ol" Meridian ~~ ~~ By: Tammy d rd, Mayor SEAL e!fhtYRg On this day of September, 2013, before me a notary public, personally appeared Tammy de Weerd, known or identified to rne, to be the Mayor of the City of Meridian, that executed the said instrument, and acknowledged to me that the City of Meridian executed the same. Notary Public for Idaho Canunission Expires ^ SELLER.; Ada County Highway District STATE OF IDAHO ) } ss. County of Ada ) By: Sara .M. Baker, President Ort this day of September, 201.3, before me personally appeared Sara M. Baker, known or identified to me to be khe President of the Ada County Highway District and the person who acltr-owledged to me that she executed the same in said District's name. Notary Public for Idaho Commission Expires _ INTERAGENCY AGREEMENT SALE AND TRANSFER OF REAL PROPERTY -PAGE 9 BUYER City of Meridian Sy: Tammy de Weerd, Mayor ATTEST; City Clerk STA'pE OF IDAI~O ) ss. County of Ada ) On this day of September, 2013, before the a notary public, personally appealed Tammy de Weerd, known or identified to me, to be the Mayor of the City of Meridian, that executed the said ittsttutnent, and acknowledged to nne that the City of Meridian executed the same. Notary Public fox Idaho Commission Expires SELLER: Ada Count kIi hway District ~_~ By: S •a .Baker, President STATE OF IDAHO ) } ss. County of Ada } On this .day of September, 2013, before me personally appeared Sara M. Baker, known or identified to me to be the President of the Ada County Highway District and the person who acknavvIedged to n to that she executed the saute in said District's name. Notary Public Commission ~ SALE AND TRANSFER OF REAL PROPERTY -PAGE 9 EXHIBIT A, LOCAL DESCRIPTI~.N INTERAGENCY AGREEMENT SALE ANA TRANSP`ER OF REAL, PRUPE,RTY Ada County Highway District Meridian. Split Corridor --Phase 2 Project IVs. 506047 Parcel 3a Remainder Parcel - Descrip#ion A parcel being a portion of Lots 8 thru 13 of Block 9 of J.M. Anderson's Addition to Meridian as shown in gook 2 of Plats on Page 7'1, records of Ada County, Idaho, and being located in tt~e SE '! of Section 12, Township 3 North, Range ~ West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commer7cing at a brass cap monument marking the northeast corner of said the 5E 1, from which a brass cap monument marking the southeast corner of said SE 't bears S 4°43`29" W a distance of 26b2.62 feet; Thence S 0°43'29" VV slang the easterly boundary of said SE 'l a distance of 893.46 feet to a point; Thence leaving the said easterly boundary N 89°22''12" VII a distance of 45.0$ feet to a paint an the westerly right-of-way of Meridian Road and the POINT 4~ BEGINNING; Thence S t)°43'29" W along said westerly righf-af-way being 45.110 feet westerly of and parallel to the easterly boundary of said SE "/a ct distance of 'i3$.32 feet to a point on the southerly boundary of said Lot ~ 3; Thence N 138°32'42" VV along said southerly boundary a distance of ~ 10.78 feet to a i~2 inch diameter iron pin marking the southwest corner of said Lot 13; Thence N 4°33'47" E along the westerly boundary of said Lots t3 thru 13 a distance of 936.73 feet to a point; Thence S 89°22'12" E along a fine being 7.D0 feet northerly of and parallel to the southerly boundary of said Lot 8 a distance of 111,16 feet to the POINT OF BEGINNING. This parcel contains 15260 square feet (0.35U acres} and is subject to any.easements existing ar in use. Prepared By: Clint W. Hansen August 9~2Q93: PC ~~`oNis ~ sG~ ., ~ 1 ~! ~ 1~ 11$ ~ Fc~~ 5 lG~GN ~ ~~~ 1~1'~~ ~~~'~~~~+,~ Meridian rtoad ~~~La°d Svrveying and [amuitlng .10~] IVU, Q$-~2 ~Ar~c~1. ~o RElItIAINDER PARCEL -EXHIBIT PINE A ~E '~~ 12 ~ 1 PO1NT taF ~ O 15 30 6b ~ -d'q;~~ to r - ~ S 8.422'1.2.°;'E_'_~P_ R~~'~1~;~ [I,s~ x - - _ _ .- - - - ~_ ;` .sue ~~.-,- -__- -__ __ _-_-_ .. ~ ~ _- -- - -= -y~= . ' ~ . -. - . _ ' - --_ =~~lA - = ~ ~ - -- - _ ~ - _- -3I N 9~2'i2" ff~ ~ qL5 00' N 0 Y! 0 ro i~ I~ 1711. ~8' FRANKL/N RD iz ~ 13 18 ~_ ,~~ _ ~ o~~~tio~ Land Surveying grid Consulting ~zQat Ada County Highway District Meridian Split Corridor- Phase 2 Project No. 50647 Parse[ 3? Remaiinder Parcel - Descriipt+Qn A parcel being a portion of Lots 6, 7, and 8 of Black 9 of J.M. Anderson's Addition to Meridian as shown in Book 2 of Plats on Page 71, records of Ada County, Idaho, and being Located in the SE '/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeast comer of said the S~ '/, #rom which a brass cap monument marking the southeast corner of said SE % bears S 0°43'29" W a distance of 2552.62 feet; Thence S 0°43'28" W along the easterly boundary of said SE '/ a distance of 825.46 feet to a paint; Thence leaving the said easterly boundary N 89°22'12" W a distance of 45.OU feet to a point on the westerly right-af-way of Meridian Road and the POINT fit= BEGINNING; Thence S 0°43'28" W along said westerly right~of way being 45.00 feet wes#erly of and parallel to the easterly boundary of said SE'/4 a distance of 68,00 feet to a point; Thence N 89°22'92" V11 along a nine being 7.00 feet northerly of and parallel #o the southerly boundary of said Lat 8 a distance of 111.16 feet tv a paint on the westerly boundary of said Lot 8; Thence N 0°33'47" E along the westerly boundary of said Lots 6, 7, and 8 a distance of 68.00 feet to a paint marking the northwest comer of said Lot 6; Thence S 89"22'12" E along the northerly boundary of said Lat 6 a distance of 911,35 feet to the POINT OF BEGINNING. This parcel contains 7565 square feet (0.174 acres) and is subject to any easements existing or in use. Prepared By: Clint W, Hansen Land Solutions, PC August 9, 2013 ,~~~~~$~,~~~ Meridian Road ~:..t-~`tand5vrnyp~gandCvnimGnq .~Ob~O. ~a-aL 0 (15 3p 60 ~'i~R~EL 3 ~ REMAIiUDEI~ PfIRCEL -EXHIBIT A i/E' r POINT OF ~ ~ BEG1NNiNG N 1111.35' ' i _ _ _ ~ rr a~~z r2" w ~ LL r~ 3 ~ 95.OD' ~, ~ ~ `~ O l ~~ ~ ~, ___-~._~ l.~s.. ?.. ~~+', !~ ' W : ' T ~~ ~~' * ~I a ~~ ~ ~~~ ~ m r .F .~ ~t ~ ~ £ '~ ~ ~ ' ` 13 _ a ~ ~ ' ~ _ ~ i( } ~'~" O e ~ ti i, 7, , is;:~-~#: cy~,~ r A - ~~' ~ ~/~ ~ 2'12 ~~ rr ~N ~ I - f N FRAJtIKGlN /?© rz 7 r,~ ra land Surveying and Consulting 231 E. 5TH ST., STE, A MERIDIAN, lU 93492 (26B} 78R-Z[14Q (Z68J 28B-2557 YdX wwtivlandsalut [onshlz Ada County Highway District Meridian Split Corridor-Phase 2' Project No. 506047 Parcel 32 Remainder Parcel - description A parcel being a portion of Lets 4 and 5 of Slock 1 of J.M. Anderson's Addition to Meridian as shown in Book 2 of Plats an Page 79, records of Ada County, Idaho, and being located in the S>= %4 of Section 92, Township 3 North, Range 1 West, Boise Meridian, Ada Gounty, Idaho, more particularly described as follows: Commencing at a brass aap monument marking the northeast corner of said the SE fa, frt~m which a brass cap monument marking the southeast corner of said SE'la bears S (?°43'29" V1l a distance of 2652.62 feet; Thence S 0°43'29" W along the easterly boundary of said SE % a distance of X75.46 feat to a point; Thence leaving the said easterly boundary N 69°22'12" W a distance of 45.00 feet to a point on the westerly right-of--way of Meridian Road and the POINT OF BEGINNING; Thence S 0°43'29" VIl along sold westerly right-of--way being 45.00 feet westerly of and parallel to the easterly boundary of said SE % a distance of 5QA0 feet to a point on the southerly boundary of said Lot 5; Thence N 89°22'92" t~N along Said southerly boundary a distance of 9'11.35 feet to a point marking the southwest corner of said Lot 5; Thence 'N 0°33'47" E along the westerly boundary of said Lats 4 and 5 a distance of S0.{}0 feet to a paint marking the northwESt corner of said Lot 4; Thence S 89°22' 12" E along the northerly boundary of said Lat 4 a distance of 119.49 feet to the POINT' OF BEGINNING. This parse) contains 5571 square feEt (0.128 acres) and is subject to any easements existing ar in Use, Prepared By: Clint W. Hans,an Land Solutions, PC August 9, 2013 ~~~~ Mertdl&n ROecf ~_~'" ~~1~71r~~8'!~ 306 No. 0802 ~_~r'" land 5urvrying artd [°ntulGn@ RErV~A~I\1DER PARCEL - ExNrBlT 0 ~a PO/NT DF- BEG/NNING N 892'12" W 1 ~~ 35' PINE AVE t/¢ ~z ~ ~~ ~N ' i~ Af B9~Y2 lY o © 45 00' b O w ~~ ~' 4 4 Uf !~ !~ IM ~~ ~~ FRANICLlN RD r2 ~ r.~ rs ~~t~ ol~~~t~~~ lend Surveying and ~©nsulting z~- e. smsr,s~g Mr:Rloian~, ro a36az (208 7e8-2o4o j209f 28&2557 fax Lv~vw.lan dsolutlons,4fz ~5 ~o EXHIBIT B This area reserved for Recorder WARRANTY DEED FOR VALUE RECEIVED, the ADA COUNTY 1''IIGFIW,AY DISTRICT, the Seller, does hereby grant, bargain, sell and convey unto the C1TY OF MERIDr1AN, a duly farmed at~d existing municipal corporation pursuant to the Taws of the State of Idaho, whose current address is 33 E. Bxoadway Ave., Meridian, Idaho 835A~2, the Buyer, the following described premises, in Ada County, Idaho to wit; See Exhibit "A", Exhibit "B", and E~chibit "C", attached hereto, TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Buyer, its successors and assigns forever. And the said Seller does hereby covenant to and witlt the said Bayer, that it is owner in fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the carne from all lawful claims whatsoever. DATEiD this day of September, 2fl13. SELLER: Ada County I~ighway District By: Sara M. Baker, President STATE OF IDAHO } } ss. County ofAda } On this day of September, 2aI~, before me personally appeared Sara M. faker, known or identified to me to be the President of the Ada County Highway District and the person who acknowledged to me that she executed the same in said District's name. Notary public for Idal~o Commission Expires INTERAGENCY AGREI;NiE1~TT SALE AND TRANSFER C7F REAL PROP'ERT'Y Ada County Highway Qistrict Meridian Splif Corridor ~-Phase 2 Project No. 506347 Parcet 38 Remainder Parcel -Description A parse! being a pprtian of Lots 8 thru 13 of Block 1 of J.M. Andersen's Addil;ian to Meridian as shown in Book 2 of Picts on Page 71, records of Ada County, Idaho, and being located in the SE '/~ of Section 12, Township 3 North, Range 1 UVest, Boise Atieridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said the SE %s, from which a brass cap monument marking the southeast corner of said S~ 1 bears S 0°43'29"~W a distance of 2952.62 feet; Thence 5 0°43`29" W along the easterly boundary of sajd SE % a distance of 893.46 feet to a point; Thence leaving the said easterly baundary N 89°22'12" W a distance of 45.OD feet to a point an tie westerly right-af-way of iltieridian Raad and the PCi1NT QF E~ECINNING; Thence S 0°43'29" W along said westerly right-of--way being 45.00 feet westerly of and parallel to the easterly boundary of said SE % a distance of 138.32 feet to a paint on the southerly boundary of said Lot 13; Thence N 88°32!42" W along said southerly baundary a distance of 110.78 feet to a '/ inch diameter iron pin martcing the southwest comer of said Lot 93; Thence N 0°33'47" E along the westerly boundary of said Lots 8 thru 13 a distance afi 136.73 feet to a point; Thence S 89°22'12° != along a line being 7.00 feet northerly of and parallel to the southerly boundary of said Lot t3 a distance of 111.16 feet to the PAINT C~ BEGINNING. This parcel contains 15260 square feet {0.350 acres} and is subject to any easements existing or in use. Prepared ay: Clint W. Hansen Lana 5~alutians, PC August 9, 2013 ~~ ~~~~~~~r~~ ~,,,~„~.-Mond $Vrveying end coiuulung EXHIBIT Meridian road Job No, as-02 :xH~B1r 0 ~1t]~ ~d Consulting ,~,...t ~.,~,.~., ,~ , ~,...-~,,, iaa Ada County Wighway District Meridian Split Corridor =Phase 2 Protect Na 506047 Parcel 31 Remainder Parcal ; Descrip#ion A parcel being a portion of Lots 8, 7, and 8 of Block 1 of J.M. Anderson's Addi#ian to Meridian as shown in Book 2 of Plats on Page 7'f, records of Ada County, ldaha, and being located in the SE '/~ of Section 12, Township 3 North, Range 7 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap_ monument marking the northeast corner of said the SB ~!, from which a brass cap monument marking the southeast corner of said SE '~ bears S 0°43'29" I!V a distance of 2652.62 feet; Thence S 0°43'29" W along the easterly boundary of said SE ~/ a distance of 825.46 feet to a point; Thence leaving the said easterly boundary N $9°22'12" W a distance of 45.00 feet to a point on the westerly right-of way of IVleridian Road and the PO~tNT +QF B(`GINNING; Thence S 0°43'29" W along said westerly right-af-way being 45AD feet westerly of and parallel to the easterly boundary of said SE ! a distance of 68.00 feet to a paint; Thence N 89°22'12" UU alatrg a line being 7.00 feet northerly of and parallel to the southerly boundary of said Lot 8 a distance of 11 ~ .1 ~ feet to a point on the westerly boundary of said Lot 8; Thence N 0°33'47" E along tl7e westerly boundary of said tots 6, 7, and 8 a distance of 68.tt0 feet to a point marking the northwest corner of said Lot 6; Thence S 89°22'12" E along the northerly boundary of said Lot 6 a distance of 111.35 feet to the PC)FNT 01= BEGINNING. This parcel contains 7565 square feet (0.174 acres} and is subject to any easements existing or in use. Prepared By:-Clint W. Wansen Land Solutions, PC August 9, 20'13 ~I®~~Il~~~~l~ LandSUrveyingartdC°ni°Iling EXHIBIT_~_ Merzdpan Road Job No. 08-a2 ~'igI~CEL 3 ~ REMAINDER PARCEL ~ EXHIBIT S 89 22'12" F' 91 0 15 30 60 tE.f 0 Z .~ - - ~~ .. P/NE A !/E` POINT OF - BEGINN/NG I C .- s _ _ ~~ ~T_ .~. : 4 - - - ~:~ ~ ... ~ . to i~ r 7 d Q I~ !~ I Q 0 ~W 19~. 96' N 8922'2" yY I ~ ~v r ~a h f fRANfCL/N RD ~~ ~ ~,~ ~e Land Surveying and Consulting Ada County Highway C}istrict Meridian Split Corridor -Phase 2 Project No. 506047 Parce( 32 Remainder Parcel- Description A parcel being a pardon of Lots 4 and 5 of Block 4 of J,M. Anderson`s Addition to Meridian as shown in Boak 2 of Plats on Page 71, records of Ada County, Idaho, and being located in the SE %a of Section 92, Township 3 North, Range 9 West, Boise Meridian, Ada County, Idaho, mare particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said the SE'/, from which a brass cap monument marking the southeast corner of said SE't bears S 0°43'29" W a distance of 2652.62 feet; Thence S 0°43'29'' W along the easterly boundary of said SE '~~ a distance of 775.A6 feet to a point; Thence leaving the said easterly boundary N 89°22'92" W a distance of 45.00 feet to a point an the westerly right-af-way of IU{eridian Road and the POINT OF f3EGINNtNG; `T`hence S 0°43'29" W along said westerly right-oi`way being 45,00 feet westerly of and parallel to the easterly boundary of said SE % a distance of 50.00 feet to a paint on the southerly boundary of said Let 5; Thence N 89°22`12" W along said southerly boundary a distance of 919.35 feet to a point marking the southwest corner of said Lot 5; Thence iV 0°33'47" E along the westerly boundary of said Lots 4 and 5 a distance of 50.00 feet to a point marking the northwest corner of said Lat 4; Thence S 89°22'12" E along the northerly boundary of said Lot 4 a distance of 9 9 9.48 feet #a the POINT OF BEGINNING, This parcel contains 5571 square feet (0.128 acres} and is subject to any easements existing or in use. Prepared By: Clint Vll. Hansen Land Solutions, PC August 9, 209 3 EXHiBfT J~ ~(~~ ~11~i~~~1~~ Merldfan Road Wna SUrvcymg and Conimnne Jab Nn. 08.02 ~~~~~~ ~z REMAINDER PAR~E~ -EXHIBIT ~ i5 3fl &0 w S ~9 22'12" ~ 111.49' ~~ C'i ~ P -_ ~ ~~ ~, ~ . ~~ ~ ~: ~ ~ ~' o ~ - .. :.: N 8922'12" t~V 11135' i I ~ ~~ ~~ ! o,, a I ~ ~~ FRANKLIN RD 'a r ~.~ re P/NE A I/F '~4 ~z r ~. PDlNT f1F ~ ~ BEGINNING ~ R r h 8~~z'72" w ,:- -~~ ~ 4 ~~~ h - _ ~~) ~ ~rl 1T r+ i - ~ N o ~ ~ __-_ --_ ` ^ ~ -~- , a l~rtd Surveying and Consult+ng 23 I E. 5TH Sf., STE A M~NioIAN,ID 83642 t~aa~ zee-~nao tzoalzee-sss~~ax wvnurandsal utionsh Iz EXHIBIT C EXISTING CONTRACTS None. INTERAGENCY AGREEMENT SALE ANI~ TRANSFER OF REAL PROPERTY Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 7F ( PROJECT NUMBER: ITEM TITLE: Legal Department: 2013 Addendum to Lease Agreement Between Lakeview Investors, LLC and the City of Meridian MEETING NOTES ~l~! i~ ~ C-~C CYv~ 9~~~ ~J Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAfLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Ci#y Council Mee#ing DATE: September 10, 2013 1TEM NUMBER: 7G ( PROJECT NUMBER: ITEM TITLE: Police Department: Transfer of Animal Control Duties and Equipment to Idaho Humane Society MEETING NOTES ~~y~PiLa'~~ ~~ Community itemlPresentations Presenter Contact Info.INotes CLERKS C?FFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT POLICE DEPARTMENT REPORT SEPTEMBER 14, 2413 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-1, RELATING TO DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, RELATING TO ANIMAL CONTROL OFFICER, ANIMAL SHELTER; AMENDING MERIDIAN CITY CODE SECTION 6-2-4, RELATING TO IMPOUNDMENT, REDEMPTION, AND SURRENDER OF ANIMALS; AMENDING MERIDIAN CITY CODE SECTION 6-2-5, RELATING TO DECLARATION OF ABANDONMENTAND ,,,,.: PROVIDING AN EFFECTIVE DATE. - ~'' '~•'`"~ ,.:..... WHEREAS, the City Council of the City of the public health, safety, and welfare to establish anc NOW, THEREFORE, BE IT 0 OF THE CITY OF MERIDIAN, ADA Section 1. That Meridian 6-2-L: DEFINITIONS: As used in this chapter, amended as as m t~%s~;~ection provided: ~A. ABANDO~iED ANIIVI~,L~ Ali anrm~l that is'~ipounded in accordance with the provisions a :•r •, of this cha~tez," arrd Is e~~a, A:;~• ~: ~~~ .. 1. S1tering from sertpt~s inlutyj~xabies, or ali~~'°serious disease; 2. I~d~ wearing a legible license wc~h~p it is impounded; 3. Volurztari~y relrnquisliet~ ~y its owleX; or 4. Not ieclaY~d by its owneiafter fiv~~(5) working days of such impoundment except that such time ~sl~:ll..be tolled v~~ere the dog owner appeals a declaration that the dog is a vicious dog. _~.,.a,~ ~ ':... B. ANIMAL: Any mem~e~;;gf the animal kingdom, except members of the human race. C. CITY DAG~A~~B ANIMAL SHELTER: The pximary location at which animals shall be impounded in accordance with the provisions of this chapter, as designated by the Chief of Police. ~: D, CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical suffez•ing, injtuy or death upon an animal, including, but not limited to: 1. Depriving of or failing to provide an animal with adequate food, water, shelter, andlor essential veterinary care. that it is in the best interest of ibis regarding animal control; THE MAYOR~_AND CITY COUNCIL section ANIMAL CONTROL ORDINANCE UPDATE PAGE l pF b DRAFT POLICE DEPARTMENT REPORT SEPTEMBER 10, 2013 2. Leaving an animal in one's possession, custody, control, ar care unattended far more than thirty-six (3b) hours. 3. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. 4. Allowing, arranging, or instigating a fight between two animals, or training one ar m.ore animals to fight other animals. 5. Making accessible to any animal, by any means, with intent to cause haxm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this def nition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in fiutherance of the public health; nor shall this definition include the lawful use.o.~.pb~sonous substances by a veterinarian or animal control officer for the purpose~`b`>:eutharlizin~ an animal. E. DOG: Any male or female member of the G F. IMPOUND: To deliver a seized animal G. LIVESTOCK: Domesticated animals, tradi~IOr~ outdoors andlor in outdoor encIosures~such aspens, ba. stables, ar paddock areas. Livestock `s~al~ ~,pelude, but cattle, llamas, alpacas, swine, sheep, goals, rabbits, pot this definition shall not include chicken h~~:s ~a~ ~., L H. OWN: to be the custody, control, or ca I.OWNER: K: J. SEIZE: To take ~:K.~ L. VICIOUS Section 2. That b-2-Z: ANIMAL Code section G-2-2 is hereby amended as follows: CITY ANIMAL SHELTER; A. Animal control officer. The Chief of Police shall appoint one ar mare Animal Control Officer{s) who shall, under the direction of the Chief of Police, have the authority to enforce the provisions of tliis chapter. Additionally, the Animal Control Officer shall be authorized to: 1. Seize and impound degs-animals that are at large and unattended in City limits. 2. Seize impound, and euthanize degs-animals in accordance with the provisions of this chapter. ox to use or t~rofit <~which are housed is, pastures, corrals, coops, sties, d to: horses, donkeys, mules, domesticated birds, except that accept or maintain or possessing an animal, ar accepting ar A d~~~~or lice ~~i, to pxactice veterinary medicine in-the state of Idaho. A dog d~elal-ed by the Animal Control Officer to be a vicious dog. ANIMAL CoNTRQL ORDINANCE UPDATI; PAGE 2 OP 6 DRAFT POLICE DEPARTMENT REPORT 4. Remove and properly dispose of the carcass of any dead animal found in any public place. 5. Declare that ~ demean animals is abandoned; 6. Decide whether an abandoned deg-animal shall be euthanized or made available for adoption. 7. Declare that a dog is a vicious dog. 8. Seize and impound vicious dogs in accordance with the euthanize same as authorized by this chapter. f,f SEPTEMBER 10, 2QI3 of this claapter, and 9. Issue uniform citations for violations of this B. City ~~ animal shelter. The Chief shelter. Such degp$t~d animal shelter shall materials, and staffing to provide basic housi of degs animals impounded therein. shall design; adequate phy ng, watering, City eu~ animal Section 3. That Meridian 6-2-4: and supervision amended as +~l~fl ,. ,~+,.,7~ ., ,-+1,~,.~+,,. ,,,.,7 ANIMAl"CONTROL ORDINANCE UrDATF PAGE 3 OF 6 DRAFT POLICE DEPARTMENT REPORT SEPTEMBER 14, 2413 ~. 7 ss r~a+~o ~-~o ..sl,o.•onl~r„it-~. ri~tl,v ra~rs~n n r,b.,..a,m ~'~ ~ - B. Redemption. The ~reri~,FC. Surrender. Qf living~or dead dog. An Animal Control Officer shall, upon a rr:. dog owner's reque~~ and payment o~ fee established by fee schedule, take possession of any dog, living ar dead, that is o~vled by s~c~ person. The Animal Control Officer may xequire proof of ownership before taking'ppsses ~o~` of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to''aimal Control Officer, the Animal Control Officer sha11 dispose of ~..,,: the dog. Section 4. That Meridian City Code section 6-2-5 is hereby amended as follows: 6-2-5: DIJCLARATION OF ABANDONMENT: A. Declaration of abandonmEent. Animal Control Officers are authorized to declare that a deg an animal is abandoned where such deg animal meets the definition thereof as set forth in this chapter. ANIMAL CONTROL ©RDINANGE UPTI1ITF. PAGE 4 OF G DRAFT POLICE DEPARTMENT REPORT SEPTEMBER 1{~, 2413 B. Effect of declaration of abandonment. Upon the Animal Control Off cer's declaration that a deg an animal is abandoned, such deg animal maybe euthanized or made available for adoption by any person. The decision to euthanize a ~ animal or to make a-deg an animal available for adoption shall be made in the sole discretion of the r~.,:°~'^~~^'~~° ^•• ~°~~^~°° animal control of#icer based an factors including, but not limited to, the health, disposition, behavior, and/or adaptability of the ~ animal. Section 5. That all ordinances in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective on Oc~Qber~1, 2013. PASSED by the City Council of the City of McL~~~r% ~Ict.o, this 24th day of September, 2013. APPROVED by the Mayor of the City afMeridian, Idaho, this 2~~~ day of September, 2013. APPROVED: ( Tammy de Weerd Mayor ANIA7AT. CONTROL ORDCNANCE UPDATE PAGE 5 OF 6 DRAFT PULICE DEPARTMENT REPORT SEPTEMBER 10, 2013 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-9fl1(A) CITY OF MERIDIAN ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-1, RELATING TO DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, RELATING TO ANIMAL CONTROL OFFICER, ANIMAL SHELTER; AMENDING MERIDIAN CITY CODE SECTION 6-2-4, RELATING TO IMPOUNDMENT, REDEMPTION, AND SURRENDER OF ANIMALS; AIVICNDING MERIDIAN CITY CODE SECTION 6-2-5, RELATING TO DECLARAT~,QN OF ABANDONMENTAND PROVIDING AN EFFECTIVE DATE. :: City of Meridian Mayor and City Council By: Jaycee Holman, City C1erlc Adopted aftex f rst reading by susper Idaho Code § 50-9Q2: YES Second Reading: Third Reading: ,., .. .. . 3_ty Attorney of the City of Meridian, Idaho, hereby xis ~~;as reviewed a copy of the attached Ordinance and has found the same to be true and complete and to Idaho Code ~ 50-901 A(3}. William. L.M. Nary City Attarney ANIMAL CONTROL OIttiINANCE UPDATE PAGE 6 OP G DRAFT POLICE DEPARTMENT REPORT CITY OF MERIDIAN BY THE CITY COUNCIL: SEPTEMBER 10, 2013 RESOLUTION NO. BIRD, HOAGLUN, ROUNTREE, ZAREMSA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN POLICE DEPARTMENT; AUTHORIZING THE MERIDIAN POLICE DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice ac section 63-1311A, on September 24, 2013, the City Coi adoption of the propased Fee Schedule of the Meridian hereto; and WHEREAS, following such hearing, l proposed Fee Schedule of the Meridian Police NOW THEREFORE, BE IT OF THE CITY OF MERIDIAN CI: Section l.. That the Fee A hereto, is hereby adopted. Section 2. caI•ry out the calle adoptio 2013. Police COUNCIL as set forth in Exhibit to implement and be iri"~f~ll, force and effect immediately upon its of the City~of Meridian, Idaho this 24th day of September, the City of Meridian, Idaho, this 24th day of September, 2013. A'T'TEST: Jaycee Holman, City Cleric APPROVED: Tammy de Weerd, Mayar recluirements of Idal~o Cade pan held a hearing on the Went, as set forth in Exhibit A by fo~m~l:;motion, did approve said AbOPTIaN aT k'I;I/ SCIILDIIL~ aT Mi;RIDIAlY POLICE DI!.I'AItT'riIt;NT PACr,1 oi< 2 Section 3. That this Resohitid DRAFT POLICE DEPARTMENT REPORT ExhibitA SEPTEMBER 10, 2013 FEE SCHEDULE QF THE MERIDIAN PULICE DEPARTMENT Labor to redact exempt public records $38.00/hour Paper copies of public records (applies if records are redacted, more than 100 pages, or more than 2 hours; waived if total is less than $10.00} $0.10/page Labor to make paper copies of public records (applies if records are redacted, more than 100 pages, or more than 2 hours; waived if total is lessthan $10.00) $20.00/hour CD or DVD with public record information $1.00 each Thumb drive with public record information $7.50 each Labor to upload public record. information to CD, DVI?~ ~o~ th~n~h: drive $20.OOlhour NSF check fee $20.00 Photographs (35 iron 4x6-inch prints) ~ r r,-. ~,:~ $0.15/print Extra-Duty Personnel -Officer ;~. ' ~ ;s,, $40.00 Extra-Duty Personnel -Supervisor ~ ~ $50.00 False alarm -third within calendar year r. ~~~ -~ep . ~;.•.. $25.00 False alarm -fourth within calendarFyear $50.00 False alalTn -fifth within calendar yeaX:~;<;:;:~~,;., $75.00 False alarm -sixth or subsequent withl~ cal~n~ar:,year $100.00 each Nuisancelweeds abatement administratlvef~e $100.00 Dog redemption fee ~;~~~ ~~ $10.00 Cat redemption fee `~~f ' ~ .~ ~: =~ ~ ~ "`~' $12.50 Livestock redemptiotl,~`~~ '~'' $25.00 Dog license - neutered ~ ~` -:J $16.00 Dog license _non-neutered ~ F` - $21.00 Lost dog t~`g iepXacelllent ~ ~;:Y $5.00 x.~.r. ADOPTION OF FI;I: SCHEDIIL>; OF MI;aIllIAN POLICE Di;PARTA4I;NT PAG>; 2 OF 2 DRAFT ( PQLICE DEPARTMENT REPORT CITY OF MERIDIAN BY THE CITY COUNCIL: SEPTEMBER 70, 20~ 3 RESOLUTION NO. BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY 4F MERIDIAN SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE TWO ANIMAL CONTROL VEHICLES TO THE IDAHO HUMANE SOCIETY, INC. WHEREAS, it is in the best interest of the City of M below as surplus as they are no longer needed or used by the that the vehicles described WHEREAS, the City of Meridian's purchasing policy allows su~lus City property to be transferred to charitable organizations when the value of the pio~erty~in question is •o~~pominal value, that is, valued at less than the cost of disposing of the property; r ~ z~: WHEREAS, the cost of maintaining equipn~eztt ~~ta~,they ~°~ie sold, if they cogld be sold, exceeds their value to the City of Meridian and would _~~esult in the u~ecessar~ expenditure of qty funds; and WHEREAS, the City of Meridian d~~ire~ tr~~~pate the equipment listed in Exhibit "A" to the Idaho Htunane Society, Inc. anon-profit charitable ~ir~~mzat~4u exempt fri?zn federal income tax under Section 501{c)(3) ofthe Internal Reven>ae Gc~de, the sta~i;~~~rnisslon b~;,yyi~ich Is t~:advacate for the welfare and xesponsible care of animals, ~~oteet:fhe~,, from neI~ct and crue~t~~~and prainote humaane education, awareness and conic~assion.':..~~'~ ..... ..,,. NOW, THEREFORE, $E,~T ,Rh± SALVED B'~ `SHE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ID~,~IO, AS FOLLOW~i ~~ .. Seetifin 1. That the 1VI~~c~i.,and CifyCounczl hereby authorize and declare that the following vehicles are surplus prop~~i~~y: l) Animal G~o~tt~ol Vari•~:7nit #b alid Mavron Insert, GMC Savanna, serial no. 1GTS8AF44B1170~$l; and 2) Anr7al Contro~`Vati Unit #7 and Mavron Insert, GMC Savanna, serial no. 1GTUHAD46A1153298. .. Section 2. That described herein to the l Council hereby authorize the conveyance of the vehicles tv, liic. ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of September, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of September, 2013. CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor Jaycee Holman, City Clerk RESOLUTION AUTHORI'LTIVG DONATION OF ANIMAL CONPROL VEHICLES To IllAIiO HUMANE SOCIETY, INC. PAGI; I or DRAFT ~ POLICE DEPARTMENT REPORT SEPTEMBER 10, 2013 PROFESSIONAL SERVICE AGREEMENT FOR ANIMAL CONTROL SERVICES AND DOG LICENSING BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This agreement is made and entered into this 24th day of September, 2013, by and between the City of Meridian, a mlmicipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the Idaho IHS, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "IHS" )• .... WHEREAS, City desires to provide animal control health and welfau•e and to assure that the animals are mainta and, • WHEREAS, City recognizes IHS as having =the ri~c full range of animal control services to the Meridian c~nm~ NOW, THEREFORE, for good and valuable cahs hereby acknowledged and agreed, and in cov~ideration of t contained, and in consideration afthe recif~~s a~4~e, which follows: ~ =ara«.. ~- I. Term. This agreement day of September, 2011 II. Scope of services. ~idian to protect the community's with the provisions of City Code; and capabilities to provide a the receipt aritl~~~f~ciency of which is promises and co~~iants herein ~arated herein, City and IHS agree as 2013, and ending the 30th A. Appointment o~Alumal Co~t~roTbfficg~~3 City~'hereby appoints IHS and its employees to be the City's A.xrrial Contla~ Officers a~i in sucks capa~zt~'to work with the Meridian Police Department to enfox`c~ ~~~ animal reguh~or.,y oxdlxi~n~es of the~~Clty Code. Specifically, without limitation, IHS's ,: duties sh~ll~:xnclude the tollbwull;: ` ` ~~:'~~, 1. Enforceut~,l,, IHS shall ta~the agent of the City in enforcing Title 6, Chapter 2, Meridian City Code and shalt be responsibly for selecting and training qualified officers and employees to carry out these servic'~;, .IHS ~i11 coordinate animal control services with City officials regarding licensing and citations as; appropriate. 2. Animal control services. Providing animal control services within City limits, including investigating complaints, responding to calls far service, patrolling (as time and personnel permits), issuing citations to suspected violators and fallowing through in coul-t as appropriate, apprehending and impounding stray alumals and other animals, picking up dead or injured animals within the public right-of--way and the City limits and other services as appropriate. PROFESSIONAL SERVICL''S AGREEMENT FOR ANIMAL CONTROL- CITY OF MERIDIAN ANll IHS PAGE 1 OF 6 DRAFT POLICE DEPARTMENT REPORT SEPTEMBER 10, 2013 Records. Holding, preparing records regarding, and providing dispositior- of impounded animals, consistent with City Code requirements and IHS goals. 4. Promotion of responsible animal ownership. Providing other services designed to support the goal of responsible animal ownership in Meridian including, but not limited to public information, acting as the City's expert consultant regarding legislation and other matters regarding animal control in the community. S. Designation of City Animal Shelter. City hereby designatestfli~ IHS Main Shelter, located at 4775 Dorman Street, Boise, Idaho, to be the City Animal Shelt~;•~~~ch Shelter shall provide adequate physical accommodations, materials, and staffing to pio~tde~,b~sic housing, feeding, watering, vaccination, and supervision of animals impounded taken. ~'`~,.,...,;, C. Dog licensing designee. City shall provide crag license tags to IHS fQr,.issuance by IHS as City's licensing designee. City hereby authorizes and ~iilpowers IHS to issue (~~g licenses an behalf of City in accordance with all applicable provisions ofIv~~L;idian City,,Code and t1~e fallowing provisions: ',. 1. Official log. IHS shall keep asi otfzcxal, mollthly,;_ft~~i~log of all dog licenses issued by IHS on the form provided by City entitled:"~%tO~1THLY L6G_.=. DOG LICENSES ISSUED BY IHS: [MONTH & YEAR]" (hereinafter "inorlffily~log"). If ~t~ish,,foim is lost or rendered unusable for any reason whatsoever, IHS must lcee~ a wrtte~,~ecord incXtd.ing: the serial numbers of the dog license tags provide I?y City for issuance by IHS ~ shall aEs~i;,cantain the following information as to each dog Iiee i`~~t~ec~ by IHS: ~~`~~~ °~ ~: a. Date of issLi~~~e; b. Dog license tag sez:ial numbers f, as c. Amount of license fEe collected,..., rya' ~Y d. ~~inQi}nt; of~adrlimstalive~~fee c6~lected; e Name, address;'"and telephone number ~~'dog owner; g. V~iatication of docp[rentation demonstrating dog owner's compliance with all provisions of Meiidla.p City Code`sectron 6 ~ 3~-and h. Verr~i~~ti'on of ehgibillt~[~~of dog owner to pay license fee sought to be paid. ~. Monthly subm~s~on to:C~ty' Clerk. During the term of this Agreement, no later than the .~. .. fifteenth (15th} day of tl~ .month following the month for which the fees were collected and the monthly log campletec~~~~TtIS shall submit to the Meridian City Clerk: a. All dog license fees collected by IHS on City's behalf; and b. A true and correct copy of the IHS's monthly lag, completed in full. 3. Annual submission to City Clerk: No later than January 15 of each year, IHS shall submit to the Meridian City Clerk: a. All dog license tags provided by City to IHS but unissued by IHS in the previous year; and C PROFESSIONAL SEItVICL3S AGREEMENT FOR ANIMAL. CONTROL - CITY OF 1v1L'RIDIAN AND THS PAGE 2 OF 6 DRAFT POL1~E DEPARTMENT REPORT SEPTEMBER 10, 2013 b. An annual report for the previous year, by completing in full the form provided by City entitled "ANNUAL REPORT -DOG LICENSES ISSUED BY IHS." 4. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of IHS's issuance of dog licenses, the Meridian City Clerk notifies IHS of a discrepancy in fees collected and data reported by IHS in the Iog or quantity of unissued tags, IHS shall remit to City funds in the amount of such discrepancy, regardless of the cause of loss, whether theft, misplacement, mistake, or mismanagement pf fees, tags, azrd/or data. D. Vehicles and equipment. IHS will provide and coverage therefor, required by IHS to perform its vehicles currently awned by City will be transfers is mutually agreed by bath parties that in conside deducted annually frond the total annual amount c for three (3}years. • un ,al~;efiicles and equipment, and insurance u~d~~,tlus Agreement. Two (2) animal control IHS via.re~olution dated September 24, 2013. It of this ve~Ie;transfer, $18,000 will be S for sezvzces i~~dered under this Agreement E. Public Edueatian. IHS will foster sound, purposes of this contract through good pul this Agreement. F. Annual Recommendations. IHS City Animal Control Pohc~%~ itclu III. Compensation and animal ownezs=~p support of the es consistent vvffi the provisions of for needed changes in A. Payment to IHS. City agxees tQ pay iI~S for ailm~l control services provided within Meridian City limmts d~.g ~~,e period of`tlz~ eoh~zact ~tllzual alfount not to exceed $339,615.00. This amount represen~s`the cost of;.~ipvision b~zservices under this Agreement {$357,615.00}, less $18,000 in consideration of City's`dop~tzon o~wo (2) animal control vehicles to IHS on September 24, 2013. Such aIn(ti~?fs shall be pa~~lle in t~eI~e :equal installments. City shall pay IHS within thirty (30) ~, days of rece~pt_of invoice for=services rer~~lered in the previous month. City shall not withhold any federal or state~ncome taxes oz Social Security tax from any payment made by City to IHS under the terms and conditlon~.:,of this A~r~ement; payment of alI taxes and other assessments on such sums shall be the sole ie~St~oltsiUilitv~ti°IHS. B. Fees due to City. IHS shal~lpcollect, and shall remit to City, all redemption fees paid for animals seized in Meridian City limits. IHS shall also collect, and shall remit to City, ninety percent {90%} of each dog license fee collected on City's behalf. C. Fees due to IHS. IHS shall collect and keep an administrative fee often percent (10%} of the amount of each dog license fee collected on City's behalf. IHS shall keep a record of dog license fees collected and administrative fees retained and shall report same to City in its annual report. IHS shall also collect and keep: surrender fees, adoptiozr fees, boarding fees, vaccination fees, and any PROFESSIONAL SERVICES AGREEMENT FOR ANIIvIAL CONTROL -CITY OF MERIDIAN ANA IHS PAGE 3 of 6 DRAFT ~ POLiCE DEPARTMENT REPORT SEPTEMBER 10, 2013 medical fees incurred during impound. D. Fee schedule. Fees collected in the course of this agreement shall be set as follows: Dog redemption fee $10.00 Cat redemption fee $12.50 Livestock redemption fee $25.00 Dog 1rcense -neutered $1 b.00 Dog license -non-neutered ,:s,,, $21.00 Lost dog tag replacement 'a.•,a;r $ 5.00 Dog surrender fee $23.50 Animal boarding {not bite case) ;:..=,F~., $b.00/day Animal vaccination ~`~~~'°:~~° $8S0 Rabies vaccination a.~ $15.00 Impound veterinary fees ~ ` ~ a.. Per cost Animal Boarding -bite case ~~~~00/day Veterinary check -bite case ~ ~, ' ~~,~.00 Dog adoption fee -basic ~ ~= ~'~~~'QO Dog adoption fee -high demand dog ,: ~., Per IHS Cat adoption fee-1-4 year-old or p~re~~IO~tsly,unneutei~fl ~~~.t $50.00 Cat adoption fee - 5-8 year-old, pieviausl~~rie~te~ed cat `: $25.00 Cat adoption fee---cat oldel;.than 8, pi ~viously neutred F ,., $10.00 IV. General provisions. A. Compliance v~vith to wing program of monitoring to ensure laws, regulations, ordinances, as well as and efficient operations and to safeguard fiends B. Indemnification. IHS shall~~~~}dennnltyFat%~,save and hold harmless City fxom and for any losses, claims, actlon~j,~j>~dgment for c~a~iiages, of`injury to persons or property and losses and expenses caused or incurred::by IHS, its Servants, agents, employees, guests, and business invitees, in the performance of this,Agt.eement, gild not caused by or arising out of the tortuous conduct of City or its ~.. employees. In addltlo~a IHS; sh~l1 maintain, and specifically agrees that it will maintain throughout the term of this Agreeinent,'li~~?~lity insurance in which City shall be a Warned insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, IHS covenants and agrees to indemnify and save and hold harmless City from and for ale such losses, claims, actions, or judgments for damages or liability to persons or property. IHS shall provide City with a Certificate of Insurance or other proof of insurance evidencing IHS's compliance with the requirements ofthis paragraph and file such proof of insurance with the City Clerk, IHS shall provide proof of insurance for workers compensation in the statutory limits as requested by the State PROFESSIONAL SERVICES AGREEMENT POR ANIMAL CONTROL -- CITY 01~ MERIDIAN AND IHS PAGE 4 OI~ b DRAFT {~ POLICE DEPARTMENT REPORT SEPTEMBER Ia, 243 of Idaho. In the event the insurance minimums of the Idaho Tort Claims Act are changed, IHS shall immediately submit proof of compliance with the changed limits. C. Independent Contraefor. The parties hereto agree and understand that neither IHS, nor any person performing the requirements of this contract on behalf of IHS, are employees of City. In all matters pertaining to this agreement, IHS shall be acting as an independent contractor, and neither IHS nor any officer, employee or agent of IHS is or will be deemed an employee of City. The selection and designation of the personnel of City in the perfot;~mance of this agreement shall be made by City. .~,•`~', ~, D. Accounting and Documentation. At such times anti to ~uell,forrns as City may require, IHS shall furnish to City such statements, records, reports, data~~tatstics, ~~id information as City may request pertaining to matters covered by this Agreement At,any time dut:~~g business hours and as often as City may deem necessary, there shall be made aw~lable to City foY ~~~nination all of IHS's records .~.;~,: with respect to all matters covered by this A`gr~~fnent. IHS will accot~~t; 9~or Animal Control Services separately from other functions or po~ttlcal subdivisions and ~ill=,assure all documents {invoices, vouchers, payrolls, etc.)yidentify Amm~l ~ontrc~~, hosts. IHS will tl~ake all accounting pax. information and supporting dacurnents,available to~t~ie City~representative upon'request. ~, E. Changes in Conditions. IHS will info~tnr=the Ctiy,in a tlmel~~~anner of any changes in conditions -.~ which may signif cantly affect City Anln~ial CoiitrolS,ervices provided by IHS or associated costs. F. Assignment. IHS sha~~ nbt'~assign, transfer or.. sublet any of xts,oblgations or any monies due to or provided for under~h~s;.Agreemezi~~>without fret; obtaining ~iritten consent of the City. G. Amendment This conttact~za7ay~~ amended at' arty time by mutual agreement of the parties. Before any ameridm~~~ Xs valid, it iu~~firsf v~ reduced to `~riting and signed by bath parties. H. Termjn~Iion. If, throi~gk~,~ny caii~~, IHS, its officers, employees, or agents fail to fulfill in a timely and pro~'~i manner its obllgatzons iitTde~ ;this Agreement, violates any of the covenants, agreements, or stipulatlo~s of this Agreemet, falslti,~s;,any record or document required to be prepared under this agreement, engages in fraud, ~~honesty, or any other acfi of misconduct in the performance of this contract, or if the I1~leridian CIt~~Council determines that termination of this Agreement is in the best interest of City, Ci~~ ~~i~ll h~v~ Elie right to terminate this Agreement by giving IHS at least thirty ~ ~. {30) calendar days written ho~zce. IHS may tenninate this agreement at any time by giving at least one hundred eighty (180}~~~cal'endar days written notice to City. I. Severability. Should any term, provision, or paragraph of the contract be held in a court of law to be invalid, it is recognized by the parties herein that said terms, provisions or paragraph so held invalid may be stricken and the remainder continues in effect. J. Compliance with Laws. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances ofthe City of Meridian. In PROFESSIONAI, SERVICES AGREEMENT FOR ANIMAL CdN'fROL - CITY OF MERIDIAN AND IHS PAGE 5 OF b DRAFT POLICE DEPARTMENT REPORT SEPTEMBER 10, 2013 performing the scope of services required hereunder, IHS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governmezxts. K. Discrimination Prohibited. In performing the Services set forth herein, IHS shall not discriminate against any person on the basis of race, color, xeligion, sex, national origin or ancestry, age or disability. L. Changes. This Agreement contains the entire agreement of the.parties anal supersedes any and all other agreements ar understandings, oral or written, whether ~x evious to the execution hereof or contemporaneous herewith. Proposed changes to any po~-t~or;, of this Agreement shall be submitted in writing. The party to whom the change is proposed shall hays thirty {30) days to accept or reject the proposed change. Changes which are mutually agreet~ ~~~orib~ end between City and IHS shall be incorporated iota this Agreement by written amen'~~~eiit signed bybothparties. ,~~., .,~~ . a=~~•~ _ M. Nonappropriation. Notwithstanding any oth~~{ provision of this Agre~rr~~nt, City shall not be obligated by any provision of this Agreement ~`t~.~{pg any fut}tie fiscal year uia~ess and until the Meridian City Council appropriates adequate fund~,~~r thl~ ~gteement in the C:~ty's budget for each such firture fiscal year. In the event that fiends aie n~t~a~~rbpriated for this Agx~eernent, then this Agreement shall terminate as of Septeml?e~;~0 of the lash ~~,,$eal year for which funds were appropriated. City shall notify IHS of any ~u~hnon-allocation ;of funds at the earliest practicable date. ~~.. N. Notice. Any and all notices required to le,given by ~~t~~er^of the ~~-ties hexeto shall be in writing and be deemed cornmunrc~ted t~lien mailed in th'e, United Stateszx~ail, addressed as follows: CITY: City Clerlc ::; IHS ~;~x~f executive Officer 33 E, Broadway Avenue ~ ~ ~~'75 Dorman Street . ~ ,:_ Meridian, Idaho ~ $~3~642 `' Bot~~;,,Idaho 83705 Eithex paify in~tiy a~ange ifs addrdss for ~tf~-p~~pase of this paragraph by givzng written notice of such IN WITNESS WHEREt))[±' the part~e~a.shall cause this Agreement to be executed by their duly authorized afficers~iq be effective as af,the day ~itd year first above written. Y ~.°,. ~~ ~~ .. CITY OF MERIDIAN" ~~; _ r Attest: Tammy de Weerd, Mayor ~``~'''e~-~~'~'` Jaycee Holman, City Clerk IDAHO HUMANE SOCIETY, INC.: Jeff Rosenthal, DVM Chief Executive Officer C PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL-CITY OF MERIDIAN ANI) IHS PAGE 6 OF 6 Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: 71-~ ~ PROJECT NUMBER: ITEM TITLE: Fire Department: Overtime Discuss'[on C WT MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 1 Q, 2Q13 ITEM NUMBER: 71 ~ PRUJECT NUMBER: ITEM TITLE: Public WorkslLegal Departments: Discussion of Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District MEETING NOTES rn~ ~ t Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meefing DATE: September 10, 2013 ITEM NUMBER: $A PRaJECT NUMBER: fTEM TITLE: Ordinance No. ~ ;,,r " ~ `J~ ~ . An Ordinance for the Re-Zone of 5.85 Acres of Land Known as the Bainbridge Subdivision (RZ 13-005) Locafied on the Soufih Side of Chinden Boulevard Midway Between N. Ten Mile Road and N. Black Cat Road from L-O to R-8 MEETING NOTES ~ ~~~ s k~~ 5~~~D Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFJCE FINAL ACTION DATE: E"MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich ANiOUtIi' .DQ ; BOISE IDAHO 09/12113 D1:45 P~f ii JJ II IIrr ff DEPUTY i~ckySaiiey 1~~ ~~~~~~~I~l~~~~~~1~~~~~~~~~~ll~l~~l RECORDED-REQUEST OF 1 i~t ~3,~Er~1 MariAian City CITY OF MERIDIAN ORDINANCE NO. ~ ~ - E 57~ BY THE CITY COUNCIL: DIRD, HOAGLUN, ROUNTREE, ZAREIVIBA AN ORDINANCE {RZ 13-405 -SAINSRIDGE SULDIVISION) FOR THE RE-ZONE OF A PARCEY_, OF LAND LOCATED IN THE NE 1/,r OF THE N''4V I/ OF SECTION ~7, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY H)AHO; ESTABLISHING.t~ND DETERIVHNING THE .LAND USE ZONING CLASSII'ICATION OF R-8 (MEDI~UIVI pENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITX CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITII THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COIVIMISSION, AS REt,~UIRED 13Y LA'tY; AND PROVIDING FOR A SUMIYIA>ft.Y OF THE ORDINANCE; AND PI2.OVIDING FOR A WAIVER OF THE READING RULES; AND 1'ROVH)ING AN EFFECTIVE DATE. I3E IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is withinthe corporate limits ofthe City ofMeridian, Idaho, and that t12e City of Meridian has received a. written request for rezoning by the owner of said property, to-wit: Br~ightorz .Ir2vestments, LLC SECTION 2. That the above-described real property is hereby re-zoned fiom the L-D (Limited Office) zoning district to R-S {Meditun Density Residet2tial) zc~nixzg distric#, inthe Meridian City Code. SECTION 3. That the City has authority pursuant to the lar~vs of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That tha City Engineer is hereby directed to alter all use and areamaps as well as the official zoning maps, and all official Wraps depicting the boundaries and the zoning distxicts of the City of Meridian in accordance wadi this ordinance. SECTION 5. A11 ordinances, resolutions, orders or parts thexeof in coxttlict herewith are hereby repealed, rescinded and annulled. RE-ZONE ORDINANCE -- RZ 13-Q05 BAINBItYDGE SUBDIVISION Page 1 of 3 SECTION 7. This ordinance shall be izz Bull force and effect from and after its passage, approval and publication, according to Iaw. SECTION 8. The Clerk of the City of Meridiata. shall, within ten {10) days following the effective date of this ardi;aance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also ale siznuitaxieously acertified copy of this ordinance and map with the State Tax Cozn.znission ofthe State of Ydaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one {1) of the Ivtembers of the full Couzicil, the rule requiring two {2) separate readings by title and one {1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Qrdinance shall be in full force and effect upon its passage, approval and publication. PASSED ~ THE CI3"Y COUNCIII OF THE CITY OF ME12YI3iAN, IAAHO, this ~~ day of , 201.3. Q r, AP EOVED BY THE MA•Y4II. OF THE CITY OF MERIDIAN, IDAHO, this _ ~ y day of , 2013. MAXO Y de ~'EEItD ATTEST: HOLMAN, ~nnea ~~~ A~ a ebr 7RE~SUR6 RE-ZONE ORDINANCE -- RZ 13-005 B.A.INBRIUGE SUBDIVISION Page 2 of 3 STATE OF' IDAHO, } ss~ County of Ada } On dais _td day of ~,~ m ~,.~,,,.~ , 2013, before me, the undersi~ied, a Nataty Public in and far said Mate, personally appeared TAMMY de WEERD and JAYCEE L. Ht7LMAN, known to me to be the Ma~rox and City Clerk, respectively, of the City of Meridian, Idaho, and. who executed the ~vitl~ir~ instrument, and acknowledged to me that the City of lVleridian executed the same. IN V-~TNESS '~irIIEREOF, I have hereunto set ray hand and affixed my official seal the day and year first above written. (SEAL) TARP LIC FO AHO RESIDING AT: n ~ _ MY COMMISSION E~l'IRES: y . a.o~ ~ 12ErzG1V~E ORDINANCE -RZ 13~OO513AI1~IBRIDGE SUSDIVISICIN Page ~ of 3 EXHIBIT A \~ /i.++ /' ~`` ~...a 'rM1E LANV URPl1P, iIYC t]gtn: t~tAy 24, 21)13 Project No. 113Ut 9 SAINt3RIQGE SU9DIVISION It•tl itEZOfVE bESClItP710N A parcel pf land located In the NF tJA pf the NW 3r4 of Sectbn Z7, f. A N., R. 3'V~+„ e.tyt., Nler7dian, Ada County ldaha and being mare pagiptrlarly described as fatlpws. C~mmendng at the sectlan camercQmmarl to Sacllons 22, ~3, 26 and F7 afsallf T. 4 N., R.1 W.; ThQhce South tJp°2D'4Z" Wcst, 2633.66 feet an the section Ilne Samrnan tv said Sections 26 and 27 to the 1Ja Seitiprl Corner tommart to said Sectlans 2ti and 2T; Thence P}orth 84''2l'DG" West, #GS1,02 feet on the edst•west mid-Sectkpn llrte ofsald 5ertipn 27 to the Center 1J9 5act#arl t:orrser of said $ectfon 2T; Thentt: North 69°2o'i4" 1Yest, ~z4-r11 feet on iha oast•west mld•sectton IlllB ofseidSe~llvn 27 to tkc Centt,r•~+vest 1J3Q lh sectfgn Corrierof said Section 27; 7he+~te NoHh 0t)°27'14"' East., ]31$.77 feat tin thv vmst4rly bbUndaty Ilse of ihp SE 7J4 of the PIW 1J4 0l sa6d 5ectlgn 27 to tlrt Noriliurast cofnefsald 5E i/~ pf the IJW 1Jq; 'fhenCC South 89°x8'50" East, 33,98 feet an the nprtherty bpundary t:lrrb afsald SE t/A of the NW 3J4; Thence North a0`ie's3" East,131B,56 feet to a pvlnt 8n the Section I.Inp of saki Sect}ons 22 and 27; 7hvnce South $9°17'17" East, 345.00 feet on the sectlorl Ilno oomman to s81d Sections 22 and 17 la the REAL PGINTOF BEC,INNiNCs; ]hence cont[nuing South B9a~T'17" Easl, 611„22 feet nn said section I[ne; Thence k;aving said ~ctton line, South QD°A2'31" Wost, !4x,26 ft:tt to a pp2r,t of curve; 3lienre 29.81 feetfln thQ arc of a curve to theleh, saki cutup having a radius of ]02.Q0 feet, a tetitral arSgle Pf 1b°44`39" and a Chord distance of 29.7tl feet ~hith bears South 07°39'4G" East; Theture South ib°02'09" East,14.65 feel to a point pf.WrVC; Thence 2;.8it feet on the arc al a ctirvp to the rf&ht, said curve having a radius of 78.tJ0 feet, 8 central angle of 3729'88" ertd a Chord dis[agcli of 23,71 feet which tars 5tlulh o7°3.7'29" East iv a palat of compound curve; thence 285.]tx feet on t lte acs of n tuNe to the r[glit, said curve having a fatllus of 78ti8.13 last, a eNntralangle of 06p]9'16" and a Chord dlstafpcr pI20GA6 feet which bears Stsdth D9°36'42" Well, . 7hencp Morih 83°,11'29" l+Ypst, 6UT.3& feet; . Thence Nprlh DD°25'S3" East, A1A,7b feet tutht: ra8lp~ofnt of beginnlr~. Said pargel tnntalns 5.85 acres more or less. FttEPARt:D 8Y; 7NE tANo GROUP, INC. lames R= Washburn, Ply W~brlSee L~ozene tksa,der Pigc f t! [ exhibit A - Bainbzidge Subdivision RZ 13-Oa5 EXHIBYT B ~~ ~~~' ~~~~._ ~ ~I `~ 0 ~~Q -~ ~ ~ ~ ,~~~~~ ~Y ~~~~ ~~~~ c ~sce raw w++r -~ ~~ ~~~ f~EZQ~l~ ~XHI61T BAINBRIDt^aE SU@plV~~l~h1 ,J~~f'S~ Bainbridge RZ 13-405 lVlerialian City Council Meeting DATE: September 14, 2413 ITEM NUMBER: $g PROJECT NUMBER: AZ 13-006 ITEM TITLE: C?rdinance No, ~ ~ ,- ~ S?S An Ordinance for the Annexation of 5.34 Acres of Land Known as Jack's Place Subdivision {AZ 13-006) located East Side of S. Meridian Road, approximately 1 I4 mile north of E. Victory Road from RUi' to L-O and R-8 MEETING NOTES BPPR~Vk Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AOA COUNTY RESOROf:IR C~rislopiter D. Rich AMOUNT .00 b 130lS~ fOAitt? 0911?J13 0.•95 PM REGDRDEOrc A OQUi:3T OF ~~l l ~~t l ~l l~ l l 11 11 l l~ ~l~ 1111111111 ~~1 ; INeridian City i i ~ i ~,~~~~ ~ CITY OF MERIDIAN ORDINANCE NO. ~ ~- ~ S?5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-006 -JACK'S PLACE SUBDIVISION) I'OR ANNEXATION OF A .REPEAT OF A PORTION OF LOT 7 OF EDMUNDS SUBDIVISION', AS SHOWN IN BOOK 33 OF PLATS, PAGES 2050-2051, ADA COUNTY RECORDS, 'W'ITHIN GOVERNMENT LOT 3 OF SECTION I4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAIIO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF TIIE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING TIIE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO L~O (LIMITED OFFICE DISTRICT) AND R-$ (IVIEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SIIALL BE FILED'~VITH TAE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FORA Si:-IVIMARY OF T~ ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF TIIE CITY OF iVIERIDIAN, COUNTY OF ADA, S'T'ATE Op' .IDAHO: SECTION 1. Tizat the following described land as evidenced by attached Legal Description hezein incorporated by reference as Exhibit "A" are within the corpozate linuts of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- ~oning by the owner of said property, to-wit: John Bartleft. SECTION 2. That the above-described real property is hereby a~inexed and re--zoned from RUT to L`O (Limited Office District) and R_g (Medium Density Residential District}, inthe Meridia~i City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex anal zone said property. SECTION 4. That the City lzas complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said propeifiy. \. ANNCXATION -.SACK'S PLACE SUBbXVISIflN {AZ 13-OUP Page 1 of 3 C SECTION s. That the City E;igineer is hereby directed to alter all use and areamaps as well as the official zoning maps, azad ail ofC~cial maps depicting the boundaries and the zoning districts of tine City of Meridian in accordance with this ordinance. SECTION 6, All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7, This ordinance shall be in full force and effect fiam and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of dais ardznanee, d~~1y file a certif ed copy of this ordinance and a map prepared in a draftsman inannex•, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to~wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simiattaneously a certif edcopy ofthis ordinance and map withthe State Tax Comr~aission ofthe State ofIdaho. SECTION 9. That pursuant to the affirmative vote of oz~e-half (ll2} plus one {1) of the Members of the full Council, the rule requiring two t2} separate readings by Title and one (1 }reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full farce and effect upon its passage, approval and publication, PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAI~I, ID.A,HO, this ~~~ day of , 2013. APPROVED BY THE MAYOR OF THE CITY OF MEIHDIAN, IDAHO, this ~~ day of ~~~P,.~ , X013. ,-- ATTEST: ~Q~~4~,can nzlcuv~~~~ ~ ~ n rr_Clry of 1 I} t _ `' ~i+3 ITE/ ~"~~"'~~ IDANP HOLMAN, CITY CL + ~ ~ SF.fsL Y ~T£~°~+k~ zn~as~Ati~ de WEERD ANNPXATION -JACK'S PLACE SUBDIVISION (AZ Y3-0007 Page 2 of 3 STATE OF IDA1~I0, } ss: County of Ada ) ~~ C}n this 7 Cl? day o~ Sew m ~- , 2013, before me, the undersigned, a Notaxy Public u1 and for said State, personally appeared TAMMY de "VVEERD and JAYCEE L. HOLMAN, known to me to be the Mayor aiztl City Clerk, respectively, of the City of Ivleridian, Idaho, and who executed the within instx•u~nnezzt, and acl~tawledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed xny official seal the day and year first above written. (SEAL} .•''~"'.. TAIt~'Y PUB IC FOR O ~~~~~A ~'~~'' , RESIDING AT: ~e v~~ cl ~~ n 1 Ll T R~~,~' ~~; ,~~ ~' ,~~ ~ MY COMMISSION EXPIRES: ~~_. ~~~ ,~ • , ~ ~ ^ ~ ' r ~ E i ~ r • '~ G ; ~ r . j~ , r . i• AlyTNEXATIUN -JACK'S PLACE SUBDIVISION (AZ 13-OOb) I'a~c 3 of 3 13~HIBIT .'~ ~~~~1 Doscrlption ' . Sawtctc~th i.~tt~t 5urvaylrt~° ~,.~ ~: _ ~~• ~ Pr t?p6) ~Qd~C-1 qA t4 t~4~13a8.~ t t79 ~pytY, bl~~~ 5t. t:nrdiett. it18SSt7 I,~gal [)$scrtpttDt! fit` Jack's hJ~~e SuhdJvt~fart ~arYtmetdi~t Lots May ~2, ~ot3 F1t=Uf - . ~CIVAL. pY -ter.-. SUN i 1 ~or~ Nt~1~IQfAN F'tlf3i~t~ WQ~tit~ f~~~1; Areplntat a partlan or6a17 orldmands ~vudlvtglnn, as shavrn In B4c-k 33 oi+'tate, PAgoa2080+R067, Aua Caunly Regards, -vtlhln ta'oveJnitient i,ok 9 of ~dcllon ff}, ~'.,3 iv„ g, t ~.. ~ M., Ct17 of tutdrldlat-,l-tla ereunt.~, ttlnho, more patitcatsrty anecdbad ~ follnwa~ ~ohttnettaia~ Qt tt faunda~umtriur~ gyp, rrtarktnp the W t1d oamer Cf $atn?SGCtk:n t9; d t nr>GaF9~~6~iaQtt~~~cantgrtq~t t~lrssatEonpttMer3diar~ta~~ d~ ~#ortwr~dsbarlnspnct4{ho tsnlnt of ~agJimtnp; ~`t~rtc~ 9aatii 66°AG'34'Last,.co[neldent cv;er iial@ e:~antOrGltn pt ~. ~dmottds Rave. 2t}0.7~€ feek 'thence ~!~ U"0~`2t` West, i$+t,B! fit tothQ Ue~-ittning tlTatae~ent~tr{i$; Thence 34. P7 fit along tt-!t ero itfsaidt:Utua tt} Ut9 t9R, wttN g central anata 4f36't;4'4~°, a radlue of 6t).ttb teot,l3ubtended tsy ti chord beating ~auth t!t'd1Q'Ob'°~aSi, ~.Or f~attC 1rh8rtG1>'t34uth G4`19'3Q"West, 46.8@ feat; Trlence Soule O'S6'b9" Wast, t t@.28 feet td Iht} 80nth Una oiloi 7a[1=defends t3a@diY191oa; 7'#-0!~ Norio 49°69'D 1" Wast tlbinal8ent vrtlh the G4ut1f titre alsaia Lflt 74! LQmt}Adt; $utldtvislan, Tpf},02 feet to nauthweet career oleetd Gmratn-~nnt !ot ~; 1'hantsi Nottli 4°~'o8' East, calnotdQnt~ylttsakt wnsi llnoctfAavam-nent t.ot 3, a dldtaneq ot~BQ.06 teat is fiw pplnt af6egtnntng; Tho+-bova doscxtGadtutee! ccmtetns-1.71 ~tCt@6, mtrra or[~s. t~.17.0134130?2-JACKS f°I.AG>» ~Ut3 73.doox F'pgg Z~ f~~-V6'f{IRNKttU7xawinQsittoscdFllQnst13t17,~=CflAIMhRGtA4 [~1tV tt.~~. Jnek'$1'JarGa Sn~dJl~isinn-AZ-13~00G & 75~i81hor wlUt and tubjoot taavYOnantey easements oitd reltrtc~arrs 8t+~td. EX~I~IT A '_ ~aw~4Gh !-anr~ ~urvefyra~, ~1.~ t:#Y~~'IR ~~f~ati~ ' ~:~"r r7, «a~, ~s~~ai~ra t=; r~aal ss~~a,va ~'~~ w. Maur ~~. em;mest, I17 es~t 7 t_flQ01 UesA{t~1NJ>7 l`qr dack'$ ~'tece SuBdlvlston t'i~sidahtPall,ai$ .tlfN f ~ ~Qf3 NltrHl~lAN F~U>~t.(C t~1L~~tKS (7ftP"f; May~'Z, 2A1$ A raplal a!a ~uofttpn of 1-oi 7 of f'drnands Subdivleian, ~s Rhbwn 1n Naok ~~ q{ t~tat9, f ~{~aS ~t1tf0 ~45i, ~4dd County t2oCV7dB, wl[61r, 4bv0fAmUpt Eot 3 of ~FGS+b 19, T 3 N., R, 1 ~„ t3.t+A„ Qity nflVtafdlurr, Ada Cat,nty, tdalm, hxsro Re~tlsUGtrlytlgssribnd ae tulrawg: yCOmmsltcJR~{patpa~fauh{d~rttunitxam caP, rllaiNtn~ihe W ]t4 o0rner al9sk! $~al1aR 1~#; ~~~ ~~V^' QaW V'b9" yY~st, c4laoldant tv!!h the wart line aisaki tahvemmenf L4t3 of~eotlaq t9~ 'ra ~t91817pg ~f(892;~7 fB9l; 'fltenre Seultt 3~°liN'34° ~bsl, 2b8, 74 fe4t i4 tNa Pa1nt a1 Beginn[n4: ~`nenc~coritinulgg.Soultr89°lri8`3~'rrast, i2a,42tuct; rhenca 5ourh It9{fitl'8G't?nst. 2t3,891rse; ttl the be4i~Tng of ~ [sn~9titcUNS; lfhenca 51•.b4 (AA1 a14ag iha era Of rfntd Cunro ttl lh+e i8ft, tvlt-t~ CSrllf$I gh~Ig vT83`49 A5", a radlUS 4f t~U bt? feat, sutisnded Uy s e1-ard bearlnA tdarlh 7i'22 2b`tcasf, 5~.~9 fe4r 'yttgnca ~no1h 38'~8'13* last, X1.23 t$el, Thane? ~'auth 4'4'2!' West. 397.33 tea# I4 ttte $OrrEh line at saki Q4v#trlrnant t.u- 3; Tner~a North 89'69'41"lrtfosl. calnclUr7at W+lh tQid' ~sutn tine ~~ Ouvernrltsnt. iof 3, a dh~i4kco u{dS2A0 fetal: 'hence Noah ¢°89'09• t;~si, ti8.24 tell; 7hane~ Naflh 4p° f"I'34" Bost. +ibd8 fQ~t io qrp b1:~tiarring at$ npn-TnngaM curve; h~onae 3g.~7' plu~lp ills d1t~ aF eald cuTt+e !o ih6 right 4trllh a central angip of 39"6G ~2° a r~dtns of tia.pt} feat, subtends¢ bq t~cliatd beprtnp Nar1n 18'68'GO'iNast, 34.07 feel; Yhenoalvorih o9az'xt"lei}, i64,4t teetlafhapolntot"t3~t~ntn~; The above ttascttblstf prirctlr rsarllelr-s 3,09 i~cfb9, rtt4ta br tess_ Togeiher+'~Ih end 54rbjt+ct to P:120931t3a22~,fACfCB Pt11C~ 6Wf~ -qAV$ 1 ~.t:oA7r t+agp ti ~rtf. Jnak's t~ixce Sn6divlsiaR -- AG4l3~UaG p ~ trs, _, ,~=1`-.:. ,rye, - LJ - ~. ; ~k .RS ~ ~~' 4.`~' ~ Cj C~ . y. t - {~~ Cl . - - ~~~b - - t t'~~`'~ • ~Q-~~ -' ~ ~ . - - ~~~~ ~ ~~a~t~ . - i ~: -w , .. - ~i ~~ ... -a u~~~~ ~q~a ~Ur_l~ ~~~_, ~~a ~~~~~~ ~~U~ ~~ U ~ `- a Meridian City Council Meeting DATE: September 10, 2013 ITEM NUMBER: $~ ( PROJECT NUMBER: RZ 13-006 ITEM TITLE: Ordinance No. ~ 3 ~ 15~to An Ordinance for the Re-zone of 5.52 Acres of Land Known as Fast Eddy's (RZ 13-006) Located at 710, 730, 750, 770, & 770 W. Usticlc Road, Meridian Idaho from C-N to C-C MEETING NOTES {.. Community Item/Presentations Presenter Contact Info./Notes ~~~ CLERKS OFFICE FINAL ACTION QATE• E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ai7A COUNTY RECORDER Christopher R. Rich ANfOUNT .OO 5 BOISE IDAHO 09/12/13 01;46 FM ff I! I !r + r fr ` i i REC4RDED~C REQUEST OF I~+ I~IEIIIlII~IIIlIII~IIII(IlIl111111 Merltlian City i i~i~~'S~~ . CITY OF MERIDIAN ORDINANCE NO. ~ 3 ~ 15~71p BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 13-QOG -FAST EDDY'S} FOR THE RE-ZONE OF A PARCEL, OI+' LAND INCLUDLN+G CEDAR SPRINGS SUBDIVISION N0.6, RECORDED IN BOOK 91 A~' PAGES 10818 THROUGII 10$x.9, RECORDS OF ADA COUNTY, IDAHQ, SITUATED IN A PORTION OT` TIDE SE'/4 QF SECTIOl~I 36, TOWNSI~IP 4 NORTH, RANGE 1 WEST, BOISE MIGRIDXAN, CITY OF MERxllxAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF C-C (COMMUNITY BUSINESS) ZOONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF T.IIIS ORDINANCE SHALL BE FILED't~[~ITH THE ADA COUNTY ASSESSOR, ~'I-IE ADA COYJ'NTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, .AS RECZIJ'I17ED BY LAW; AND PROVIDING FOR A SUMMARY OF TILE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OI' lY1ERIDIAN, COUNTY OF RDA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein, incorporated by reference as Exhibit "A" is within the corporate limits ofthe City ofMeridian, Idaho, and that the City of Meridian has received a wlltten request for re-zoning bythe owner of said property, to-wit: Steve Eddy. SECTION 2. That the above-described real property is hereby re-zoned fiom the C_N (Neighborhood $lxSiness) zoning d15trlGt t0 the C-C (Commlll]lty BUSInesS} zOning dlstrlGt, llx tl7~e Mextdlan City Code. SECTION 3. Tllat the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION ~!. That the City has complied with all the noticing requirements pursuant to the laws of the State o£ Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all rise and area maps as well as the official zoning maps, axed all official maps depicting the boundaries and the zonixlg districts of the City of Meridian irx accordance with this ordinance. SECTION 6. A11 ordinances, resolutions, ardeis ar parts tl~ereof in conflict herewith are hereby repealed, rescinded and annztlled. RE-ZONE ORDINANCE -RZ X3-006 rAST EDDY'S Page 1 of 3 SECTION 7. This ordinance sha11 be in full force and effect from and after ifs passage, approval and publication, according to law. SECTIOl~I $. The Clerk of the City of Meridian. shall, within ten {l4) days following the effective date of this ordinance, duly file a ee~t:ified copy of this ordinance and a snap pxepaied in a draftsman niaiuzei, ixacluding the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, tQ-vvit; the Recorder, Auditor, 'Treasux-ex• and Assessor and shall also file sin~ultaxaeously a certified copy of this ordinance and map with the State Tai Canunission of the State of Yd oho. SECTIOl~I 9. That pursuant to the affii~native vote of one-half (1/2) plus one {l) of the 1V.[embers of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and tl~e same is hereby, dispensed with, and accordingly, this Ordi_nalace shall be in full foxce and effect upon its passage, approval and ptl[~lication. PASSED BY THE CITY COUNCIL OI+' TIIE CITY OF MERIDIAN, IDAHO, this ~~~ day of ~_, 20X3. APPROVED BY THE MAYOR OE THE CITY OF MERIU]tAN, IDAHO, this ~~ day of I~Q.(~ , 2013. MAYO de WEERD ATTEST: , CITY C ''~... ""J ~+ i7 A 'u ~ ti ors a*!~ ~s RE-ZONE ORDINANCE - RZ 13-006 FAST EDDY'' S Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this _~ day of__ "'3p_~+,~~~r 2013, before me, the ~dersigned; a No#aty Public in anal for said State, persor~aliy appeared TAMMY c1e WEIJRD~ and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknavvledged to me that the City of Meridian executed the same. IN WITI~]ESS WHEREOF, I have hexeunto set my hand and affixed any oIf cial seal the day and year first above written. s N ARY PHB IC FOR AHO RESIDINCr AT: J~.~~-t c~ t a,-z . t l~ MY COMMISSION EXPIRES: _ ,~~ ~ ,~ RE-ZONE ORbTNANCE - RZ 13-OOb FAST EDDY'S Page 3 of 3 E~~IBX~' A Legal J~ebcription . ~'2d314'tr}'~1'~,"Cf~1-~FT I ~1SE,~Sk~fip~d j ~r.~G~~3~a [ fJ~K~(1a3,~~~,ii43~~ #1ntG; ~~1~1~3 ~'fp~~t Ala : 7. ~~P~~ ~»ra ~~~.v~~c~rm'(a[u~~~ ~a pRr~u~t~~i~~ tRSl;ld,Nig ~ndar:9prir~c~hdrkisi~n tire. ~. r~tx~rdC~~h tl~?1~ 9b t~11'tr~b~8k$l$ ~Ittct~ #~l.{I, rut~rr~~~s~~stn t',trn~ity, Id~hrs, e~'t~at~tt~Yr~r~1d#~'tlctt4f~h~;;~ 1('d:~F~CCti~r~~, r~~~,s:(~~ ~ rurxxr~, c~ar-~~ Y'd'~5#, rlcfs~ F+}~fl~{i~lb'~it~'~f hf7~(~?+? ~1uln~pYri~Cy, itlpl~. 914CI iL~itl~j rn~r~ ~5~thc W~~lv ~es~rlbtt(:+s ior?~~~;: ~.t~~ 1rrn~CnrJ,~ ~t an ~lU~inum ~;~p rnar,ur,r~rgi r~tbrlc~r; iblt Eoutltdfi#t ~}rnf~' tYf ~ 71d ~~hrtlciro ~, btsnntw? niw~tle~stitr3t~fir~u~I~:ii~ti~E~[S~?"ln'~3'~AYn dl~~l~etrad ~~;'~,F7ieutiaupuint, :~n~kiYi~rk~~ ifi~ tN~tIM111'~F1d~raf~Vf~f~~j 'rtiar,~ ~rrmir~,[e~ nlun,~ x~~sfs-tu~,trne RVB~`1!'~3'~S~ n d}~er~~ ~~~~;~ art t~ a bra ~ rnatrurr~rit iir,~ktit~,lt~Z ~u~1e ~~~~~r~ieF ~i'~kl5t~#lt~- ~~; mNr r~ [aaaia>rsa[~~~ut131(ne ~rrr[ a[urr$ t6~ ~~st llr~3 ~f~iu+5~ ~r'q ~nF~akt ~t#iarf B~, IS+UL?`~7'+i9°i: ~ ~lF~t~7n~,e ~f ~aR,~ ink [R a;19~n1r Yl`rnr~r~laaain}t:;d~f v~~:si fine.5s~`~:~'~.1'~~Y ~,t~rt€e at~~,tNf fq~4# ~ts~ ~tltfit x~rklrs{1 glti~~ii~i}t~v~dt ~rndr ~ [ sNtl ~a ~lrrr ~~i ~~hdh~f~pn r~rn. ~; ~hnlur,-,lmeg ~~~sub'~i~~ai~tn~~~+rf~~eir~firut~e~. 58~3i~1]4°~ v~di,~aD~e ~~7~, ~~ f ~1 #~ ~ pa'~rr; ~5~'~if3 ~k'F, n dl~arr~ t~ I H~.~ iur~ to u p~fe,t; ~~'~~'~~"~'~ t~ta;ite~tri ~£~.~~ I~rrt ka ~~fnR; J}li"lE`~~1'~N~eioi'~Iit~+~f14~.7t~~fd+~tit7~~~1rA; . ~p`~~~~''fd~ dtrt~nt~?~rF~~~dr~,fnntt~~prcir~tr~nrk~9lioaa~t~uast;ul~rdvdf salt 1'l~,~ar ~rin~s 5ubili-rcs3~n ifr5, 6; '~lrunc~t~~evit~p~~ul~~ta~~l~i~iaitin~~, 4~G~`~~'~~k"'~'~e ~ r!(3t~ncir~~+~U,t}CJ 1~At+l+~itilt p~Il1VT~F '~?(dt-nru~7~ra~ing~.SZ~~:r~~, r,~rexrt [~a~, nrtu! ts~ublh~ kaitp~~+ist[n~a7f~~aii~ uat~ca~r)~1~4s~st- vaxyaf re ~rd~u~ irri~illk#. ~~~1i~ li~~'~AL. ~-' t3~t' ~~~ ~ ~ ~~ th~~1~~ 1~1:~'ili k'•FII3(~@~!3 ~ 51JF,'dfYttfSS ! ktlUit~CU?, T'aslEddy's nT-] 3.ODG; ~xxlBZ~r~ .~, #~ r:~ ~ ~l.GLrN1Ci# ~t!tT R r ~` r~ :i+i'IIR~t; f~ [#~ A i'~SR7'l~ht +~'1'Hr.~G ~~ ~t/ 5~~7'4~t~ ~ti, 4F_ 1 ~("~ ~! ~... ~. ~. ~l+l., f~~~l~~ I'~~~~t~1,~~~ Cf~~'+fsf ~MCff~i~N, ~lC~ ~~l~~l~~', i~l~!-ti~ f~i/ IS it __.._ Fist Fuld}''s IZZ-13.ODG. ~t~~ ~,~~~ isfiC#ll~iif ~ - BtFIV~ ~t~~ ~T 1~~1~~ [h1~i~1~~ t1~C: ~"---~.~-~- &hi~FUC+!~~ ~~~~1~ ~R1hJ~~ a~4.t~pt~5ft„tPP lylR3', ~ Meridian City Council Meeting DATE: September ~ Q, 213 ~ ITEM NUMBER: $p PROJECT NUMBER: ITEM TITLE: Third Reading of i)rdinance No.13-'1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2fl09 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile occupancies MEETING NOTES sa~~oaE~ Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF IVrERIDIAN ORDINANCE NQ. ~ ~ ~' ~ _~ ~,~ BY THE CITY COUNCIL: BIRD, IIOAGLUN, RQUNTREE, ZAREN~[BA AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION ].0-2- 1, AllOPTING TI][E IDAHO STATE PLUMBING CODE AND LOCAL AMENDMENTS THERETO; AMENDING MERIDIAN CITY CODE SECTION 1U~1-3, LOCAL A1VIENJDM~+NTS TO T]KE 2009 ifNTERN.ATIONAL BUILDING CCDTD]C+; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 54-26013), the City Coutxcil of the City of Meridian hereby finds that the follow amendments to tl~e Idaho State Plumbing Cade will address Local concerns while establishing at Least an equivalent .level of protection to that contained in the Idaho State Plumbing Code; Vt~HEREAS; pursuant to Idaho Code section 54-2&01(3), a public heariixg on the amendments was conducted an August 2'7, 2013, following provision of the proposed language of this ordinance to the Idaho Plumbing Board and the Building Contractors Association of Southwestern Idaho, by U,S. mail, on July 17, 2013, and publication of notice of the time and place thereof in the Valley Times on July 22, 2013; WHEREAS, pursuant to Idaho Code section 39-411 b{4)(b), the City Council of the City of Mexxdian hereby finds that good cause exists for the following amendments to the 2009 International Building Code {IBC}, and that such amendments are reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS, the City Council of tl~e City of Meridian hereby finds that the following amendments do establish at Least an equivalent level ofprotection to that of 2009 Intemational Building Code; and WHEREAS, pursuant to Idaho Code section 39-4115{4){b}, a public hearing on the amendments was conducted on August 27, 2013, fallowing provision of the proposed Iar~guage ofthis ordinance to Associated General Contractors of America, Associated builders a.nd cont~•actors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Cotiurties, Idaho Association of REAI,TORSQ, Idaho Building Contractors Association, American Institute of Architects Idal2o Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Zdaho Building 'T'rades, by U. S, mail, on July 17, 2013, and publication of notice of the time and place thereof in the Valley Times an July 22, 2013; NOW, THEREFORE, BE XT ORDAINED BY THE IYIAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-2-1, shall be REPEALED, and REPLACED as follows: 2009 ISPC ADOPTION, AMENDMENTS & 2009 INTERNATfONAL $UiLDIAFO CODE PAGB 1 OF 3 TO ~-1: IDAHO STATE PLUMBING CODE ADOPTED; L©CAL AMENDMENTS: A. Adoption: The Idaho State Plumbing Cade ("ISPC"), as amended as set forth in this chapter, is hereby adopted by the City for the purpose of establishing rninimum standards of design, materials and workmanship for alt plumbing hereafter installed, altered ar repaired, and to establish methods of procedure within the city limits. The same is hereby adopted and incorporated as fi~Ily as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall control the instatlatian, alteration or repairing of plumbing within the corporate limits of the City. B. Local amendments: 'The following amendments to the ISPC are also hereby adopted, which amendments, if in conflict with the ISPC, shalt overrule the ISPC: 1. 'that IDAPA 07.02,06.011.05, amending ISPC section 412, shall not be adopted; instead, section 2902.1 of the International Building Code shall apply. 2. That ZbAPA 07.02.06.01.1.06, amending ISPC Table X12.1, shall not be adopted; instead, Table 2902,1 of the International Building Code shall apply. Section 2. That the following language shalt be added to Meridian City Cade section 10-1-3: 1BC section 2902.2, exception 3, shall be amended to provide as follows: Separate facilities shall not be required in business and mercantile occupancies in which the maximum occupant load is 50 or less. IBC Table 2902.1, footnote #, shall be amended to provide as foItows: Drinking fountains are not required for an occupant Toad of 30 or fewer. A ne~vv footnote, footnote g, shall be added to II3C Table 2902.1, to provide as follows: For business and mercantile occupancies, excluding restaurants, with an occupant Ioad of 30 or fewer, service sinks shall not be requhed. J(~~ ' Section 3. That this ordinance shall be effective on September ~ 2013. 1 PASSED by the City Council of the City of Meridian, Idaho, on September , 2013. r APPRQVED by the Mayor of the City of Meridian, Idaho, September , 2013. 2009 ISPC ADOPTION, AMENDMENTS & 2009 INTERNATIONAL BUILDING CDD$ PAQ$ 2 OP 3 AFPRn'i1Fn~ e-'rrrc~r• NOTICE ANA PUBLISIiED SUMIYIARY OF ORDINANCE PURSUANT` TO I.C. ~ SO-901(A) CXT'Y OF MERIDIAN ORpIlYANCE N0.13- ~ ~'~ AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 10 2- 1, ADOPTING TIIE XDAHO STATE PLUMBING CODE AND LOCAL AMENDMENTS THERETO; AMENDING MERIDIAN CITY CODE SECTION 10-1-3, LOCAL AMENDMENTS TO THC 2009 1N~~~'~ ~L BUILDING CODE; AND PROVIDING AN EFFI+;CTXVE DATE. ,° s j,\ Cr~f Meted an ~, Mayor and Gity Council ray ~~ By; Jaycee Holman, City Clerk f~~°r,ne rR4~, First Reading: ~;` - ~ ~- ~ ~ 3 _ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Coda § 50-902; YES I~Q ~`' Second Reading: ~ - ;~ - ~ ~ , Third Readinng: ~ - 1 ~ - ( ~ STATI;iMENT OF MERIDIAN CITY ATTORNEY AS TO #~~ AI)EQYTACY OF 5UIVUVIARY OF ORDINANCE N0.13- ~..3 The undersigned, William L.M, Nary, City Attorney of the City of Meridian, Tdaha, hereby certif es that he is the legal advisor ofthe City and has reviewed a copy ofthe attached Qrdinanee no. 13- 1 of the City o£ IVlei~idian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Cade § SO-901A(3). DATED #his `~ day of William. L.M. Nary City Attorney 2009ISPC ADOP1'TON, AMENDMBI~ITS & 2009 II~3TERN1#TIONAL Bur~nrrrc~ Coop Pf~C~ 3 08 3 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, including Idaho Code sections 39-4116{4}(b) and 54-2&01(3), that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on August 27, 2013, at Meridian City HaII, 33 East Broadway Avenue, Meridian, Idaho, regarding the adoption of the Idaho State Plumbing Code and local amendments thereto, as well as local amendments to the 2009 International Building and Residential Codes. Further information and copies of the draft ordinances are available at the Building Services Division of the Community Development Department, at Meridian City Hall, 33 East Broadway Avenue, Suite 102, Meridian, Idaho, phone number {208} 898-5500. Any and all interested persons shall be heard at the public hearing. Written testimony is allowed; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. Fox auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 4$ hours prior to the public hearing. -~h DATED this ~ day of July 2013. C. PUBLISH an July 22, 2013. Jacy Jones r 'rom: Jaycee Holman l ent: Monday, July 1v, 2013 8:36 AM To: Jacy Jones Subject: FW: Plumbing Code Adoption Fallow Up Flag: Follow up Due By: Friday, July 19, 2013 4:00 PM Flag Status: Flagged Jaycee L. Holman Information Services ^ireclor Cjty Clerk City of Meridian (208) 888-4433 jho(man(c>7, meridiancily.om From: Brent Bjornson Sent: Friday, July 12, 2013 2:49 PM To: Jaycee Holman Subject: 1=W: Plumbing Code Adoption C Jaycee, It appears it is actually publishing a notice (on July 22) of public lieazinig on August 20. See Emily's schedule below....... Fram: Emily Kane Sent: Wednesday, July 10, 2013 7:33 PM To: Brent Bjornson Cc: Bruce Freckletan; Bennis Holte; Ravid Miles Subject: Ile: Plumbing Code Adoption Sounds great - I would recommend that we push everything back one more week in part to catch the BCA meeting but also so I can get the draft updated to add the Flood information. Rave made it really easy for me so I should be able to get that done shortly. I will be out of the office next week but I should be able to do my July tasks before i leave. Sound OK? Here is a proposed updated timeline: July 16: Bruce or Brent Dept. Report to City Council -present draft+timeline July 17: Mail letter + draft City Cade adapting ISPC + COM local amendments to Plumbing Board and BCA July 19: Provide notice + publication request to Clerk's Office .ly 22: Publish notice of public hearing on August 20 August 27: First reading and public hearing on ordinance adopting fSPC + COM local amendments September 3: Second reading / September 10: Third reading + adflption aeptember 1b: Effective date of City ordinance adopting ISPC + CC?M local amendments. Sent from my iPad Meridian City Council Meeting DATE: September 7 0, 2013 ITEM NUMBER: g PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS aFF1CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS