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2014-02-04Meridian City Council February 4, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 4, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Kyke Radek, Michael de St. Germain, Perry Palmer, Steve Siddoway, Colin Moss, Stacy Kilchenmann, Rita Cunningham, Mollie Mangerich and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Thank you for your patience. We apologize for getting the regular meeting started so late, but we do appreciate having you all -- all of you here to join us. For the record it is Tuesday, February 4th. It's 6:15. 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: Community Invocation by Mark Harris with LDS Church De Weerd: I can see it's going to be a lively evening. Item No. 3 is our community invocation. Tonight we will be led by Mark Harris. He is with the LDS church. Please join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us tonight. Harris: Our Heavenly Father, as we come before thee at the start of this City Council meeting we remember thee and we ask for thy Spirit to be with us. We are thankful, Father, for this wonderful country and this wonderful city in which we live and we ask thee that we may have peace and prosperity in this area. We ask thee tonight as we begin this meeting that we may be able to come to an accord on all these items and to be able to do so peacefully. We also ask thee, Father, that we may be able to return home from this meeting with a greater resolve to be better residents and citizens of this Meridian City Council February 4, 2014 Page2of72 great city and this great nation. We ask thee that thou may bless us with peace and prosperity here and these things we humbly ask in the name of thy son Jesus Christ, amen. De Weerd: Mr. Harris, I would like to offer you a City of Meridian pin for leading us tonight. Thank you so much. Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda with the following modifications and amendments. On Item 6-M, the resolution number is 14-975. On Item 9-B, the applicant has requested a continuance until February 18th, 2014. De Weerd: That was 9-A. Rountree: What's that? De Weerd: 9-A. Rountree: 9-A. Item 10-A has been requested to move to Item 7-B and the resolution number for that item is 14-976. Item 11-A, the ordinance number is 14-1596. And Item 11-B, the ordinance number is 14-1597. And with those modifications the motion has been made. Milam: Second. De Weerd: Have a motion and second to approve the agenda as changed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for Skills USA De Weerd: I do have a proclamation to read and I'm going to move down to the podium. It's certainly our privilege and honor to have the students from Skills USA come and join us every year to celebrate a lot of their accomplishments. What we are also very excited about is this growing partnership that the city is having with some of the projects that some of you will be or are involved in. So, it's great having you here Meridian City Council February 4, 2014 Page 3 of 72 this evening with us. I will go ahead and ask you if you will come up as I read this proclamation. You can stand with me. Don't all jump at once. After I read this I will see if I can get each of you to introduce yourself and also if you will share with us what you participate in or what you compete in and so with that said I will go ahead and read this proclamation. Whereas the City of Meridian is proud to recognize deserving citizens of the community, especially students, who accomplish great things on behalf of our community and whereas Skills USA Team Renaissance willingly spent hours planning and constructing a home within one school year in Frazier Place Subdivision where students worked during class time and weekends for a deserving family and whereas students in all major programs of study in architecture, drafting, residential building construction, masonry, digital home technology integration, collaborated with the members of the Team Renaissance to complete this home and whereas Skills USA Team Renaissance has demonstrated their willingness to educate not only citizens of Meridian, but also state and federal legislative officials about the meaning of Skills USA and whereas Skills USA Team Renaissance has demonstrated the construction skills to remodel a school district portable classroom into the family medical residency of Idaho scheduled to be completed this year at Meridian Elementary School and whereas the Mayor and the City Council of the City of Meridian acknowledge Skills USA and Team Renaissance and the efforts of their classmates and Mr. Enger and Mr. Groves residential construction classes in achieving their many accomplishments, therefore, I, Mayor Tammy de Weerd, of the City of Meridian, do hereby proclaim Skills USA Team Renaissance Day in the City of Meridian and call upon all citizens to celebrate the notable accomplishments of these great students in the Skills USA Team Renaissance team. So, please join me in congratulating this group. So, if I could present this to you, our proclamation, and -- and also our congratulations on what you have been able to accomplish. I do know that this project with the Meridian School District is a first of its kind in the state. It's pretty cool that this medical clinic that is being brought to Meridian Elementary School is the first one that has been built, but it's been built by our youth for our youth. So, we appreciate all your team is doing and I will present this to you. Enger: Thank you, Madam Mayor. I, myself, I'm the instructor for the building construction class. With the joint collaboration between Meridian schools and Habitat for Humanity, which is the Boise Valley Habitat for Humanity where we built a home for this particular family who needed a helping hand up. The real gentleman behind the family medical clinic we will say for the Meridian Elementary School is actually Mr. Groves and I, actually, will turn it over to him. It was his class and his students that really brought this forth and stepped up and as I understand it did a marvelous job. I personally have seen different parts of the -- oh, progression of the construction, but I haven't seen the finished product and people have told me you would not even recognize the building after you have seen what they have done. So, with that, Mr. Grove. Grove: My name is Greg Grove and I'm one of the construction teachers for Meridian district and this family medical building that we put together is in its final stage. We are seeking our final approval on our -- hopefully this week and the medical staff should be Meridian City Council February 4, 2014 Page 4 of 72 moving in probably early of next week and so that they can start seeing students to help them stay in school. Thank you. De Weerd: So, if you will introduce yourself and tell us what you compete in. Ganning: I'm Colton Ganning and I go the Renaissance High School and I'm competing in the American spirit. Malman: Hi. My name is Harley Malman. Igo to Centennial High School and I complete in the spirit -- sorry. The spirit competition. Crishbaum: My name is Henry Crishbaum. Igo to Mountain View High School. I'm competing in promotional bulletin board and residential system installation. Kailey: Hello. My name is Kailey. Igo to Mountain View High School and I'm competing in American spirit. Puba: Hello. My name is Michaeline Puba. Igo to Renaissance High School and I'm competing in community service. Hadley: I am Samantha Hadley. Igo to Eagle High School and I'm also competing in community service. Costin: I'm Heather Costin. Igo to Eagle High School and I'm competing in promotional bulletin board. Hall: My name is Brandon Hall. Igo to Centennial High School and I'm competing in related technical mass. De Weerd: Thank you for being here. So, what their teacher didn't tell you is the two young ladies that lintroduced -- or I presented the award to -- or the proclamation, they won fourth in their category at national and the young lady with the red hair, she scored the highest in the nation in her competition. So, we always send some pretty amazing young people to represent our school district. These kids have been building Habitat for Humanity homes for a number of years under some great supervision by two amazing teachers and I will say that the Idaho medical -- or medical residency of Idaho, Dr. Eberle and this medical clinic that is happening at Meridian Elementary that these young people are remodeling, their goal is 200,000 dollars. They have raised 175,000 and would appreciate helping with that gap of 25,000, just in case any of you have an interest in philanthropy. Item 6: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Meridian City Council February 4, 2014 Page5of72 Horizon Drive Request: Preliminary Plat Approval Consisting of Thirty-Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District B. Findings of Fact, Conclusions of Law for Approval: MDA 13- 020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision C. Findings of Fact, Conclusions of Law for Approval: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District D. Findings of Fact, Conclusions of Law for Approval: MDA 13- 019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #106122368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision E. Final Order for Approval: FP 13-048 Baltic Place Addition by Cair Paravel, LLC Located South of E. Franklin Road and West of E. Kalispell Street Request: Final Plat Consisting of Two (2) Building Lots on Approximately 9.41 Acres of Land in an I-L Zoning District F. FP 14-001 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Consisting of 38 Single- Family Residential Building Lots and Four (4) Common/Other Lots on 13.56 Acres of Land in an R-8 Zoning District G. Development Agreement for Approval: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument #110111935) for the Purpose of Attaching a New Concept Plan and Building Elevations Meridian City Council February 4, 2014 Page6of72 H. Acceptance Agreement: Display of Artwork of Idaho Photographic Arts in Initial Point Gallery from December 5, 2014 to January 5, 2015 Sanitary Sewer and Water Main Easement between the Meridian Heights Water & Sewer District and the City of Meridian J. Approval of Award of Bid and Agreement to Titan Technologies for the "Locust Grove Water Main Extension Project" for aNot-to-Exceed Amount of $448,020.00 K. License Agreement for Community Garden in Kleiner Park L. Approval of award of Professional Services Agreement to Project Engineering Consultants, Inc. for the "Rails with Trails UPRR Cutoff Arterial Crossing Design Study" project for aNot- To-Exceeded amount of $77,707.35. M. Resolution No. 14-975: A Resolution Establishing an Interim Rate for the Provision of Sewer Services to Meridian Heights Water and Sewer District Customers until the Transition of All Water and Sewer Services is Complete De Weerd: Okay. So, Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as modified. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Zaremba: Madam Mayor? De Weerd: Well, it looks like -- yes, Mr. Zaremba. Zaremba: Does that include authorization for the Mayor to sign and the Clerk to attest? Rountree: Certainly. Zaremba: Thank you. Meridian City Council February 4, 2014 Page7of72 De Weerd: Of course. But thank you for that. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Community Development: Initial Bus Route Options De Weerd: Item 7-A is under Community Development and I will turn this over to Caleb to introduce. Hood: Thank you, Madam Mayor, Members of the Council. A few months ago Kelli Fairless with VRT was here before the Council to outline our public involvement process and the charter for a group of interested stakeholders that were going to be looking at what an initial fixed line route for bus service in Meridian would -- would or could look like. So, that group has been meeting bimonthly over the past several months. There is, actually, several members in the audience today. We have serving on that team members of VRT, COMPASS, ACHD, MDC, Councilman Zaremba, two transportation commission members and myself primarily serving on that. And, again, we meet a couple of Fridays every month. So, we are getting ready to go out for the public involvement phase of this project, excuse me, which includes -- which will include an online survey, a stakeholders meeting, which would be meant to engage some more interested parties, some transit dependent populations and their representatives to see maybe if some of these options are preferable to others before going to the -- to the great populace which, again, an online survey and also an open house. So, before we go public with -- with any options we want to run what we have developed as a steering committee by the Council, look for any input. You aren't asked to -- to choose your favorite one tonight and, in fact, a few of the options you will see aren't even really feasible with the amount of money that's budgeted for this year. But we wanted to show you some of the work that's gone into it. I don't know if Councilman Zaremba wants to say any words or not throughout this presentation. We didn't -- we didn't coordinate that. But I know Kelli Fairless has a PowerPoint slide show she would like to give and that was just a very high level brief introduction on this topic and with that I will turn it over to Kelli, unless there are any questions. Fairless: Thank you, Madam Mayor. De Weerd: Hi, Kelli. If you will, please, state your name and address for the record. Meridian City Council February 4, 2014 Page 8 of 72 Fairless: I'm Kelli Fairless. I'm the executive director of Valley Regional Transit. Our address is 200 Northeast 2nd in Meridian. De Weerd: Thank you for being here. Fairless: I use this; right? Okay. Well, I appreciate, Madam Mayor and Members of the Council, to be here. I'm going to, before I start the slide show, apologize up front. There is a lot of slides here. They have a lot of detail, but -- I just lost my -- Hood: No. That was me. Fairless: There we go. But I -- I'm going to go through them fairly quickly. I was thinking with the new Council members it might be helpful to get a little more background information. Caleb is going to send the presentation out, so that you have that detail, but I'm not going to spend a lot of time on each slide for the sake of time. So, a quick overview about Valley Regional Transit. You all are aware we are the regional public transportation authority. I have talked about our responsibilities to the public and for coordinating and providing public transportation. The way that we do that -- how we fund our services are primarily through a combination of federal and local funds and Meridian is in the large urban, but you have the unique position of kind of being in the middle of both the large urban and the small urban, but your boundaries are in the large urban area. We have available to us sections -- these are formula dollars under the Federal Transit Administration. We get about 3.4 million in Section 5307 and I have listed what those services can -- what those expenses can cover. Section 5339 is for capital and that's about 350,000 and, then, Section 5310 is for more human service related transportation and we get about 350,000. So, that's the total federal dollars that come to the large urban area that Meridian fits within. In the small urban area we get about 2.2 million for Section 5307 and about 253 -- 250,000 for both the 5339 and 5310. The one thing that's unique between the large urban and the small urban area is that in -- it's how the match ratios work. Federal match is -- for operations is 50 percent. For capital is 80 percent. But when you factor in all the different match ratios and all the different activities of what's funded we get a blended rate and in the Boise urbanized area, the large urban area, 80 percent of the services are funded with local dollars and 20 percent are funded with federal dollars. The small urban area, those area 40 percent local and a 60 percent federal. So, we -- we maximize every federal dollar in that system. The reason that we don't do that in the large urban area is there just isn't enough federal dollars and the city of Boise has always overmatched their federal program beyond what's required. So, there is just not enough money to do all of the projects. Currently our services include 15 fixed routes, a route in Garden City that's a fixed route, we have services for persons with disabilities and, then, Meridian is one of the -- the inter-county routes come through Meridian and serve the park and rides and, then, we also just started the community link project with the Meridian Senior Center that starts November 1st. I provided you with a system map, because some of you may have some questions as we talk about the options, about how it fits with the system. So, I'm going to take a little bit of time just to talk about the design principles that we use. I'm not going to spend any time on this slide, because we have talked Meridian City Council February 4, 2014 Page 9 of 72 about Valley Connect before. That's kind of our -- our overarching plan for our system. But as we were developing those plans we developed service classifications, so that -- it's very similar and comparable to the functional classification system you would see in a roadway map, but we have a premium corridor, which is typically some kind of high capacity, high frequently route. Primarily routes connect the communities together, so they might be a route that would serve Meridian and Boise in one -- one segment. Secondary routes are more local neighborhood routes and special services are for persons with disabilities and, then, we also have identified classifications for rural services and express commuter services. We talk about the competing goals of transit. Transit really came about in a lot of communities through rural systems and they are focused on covering a lot of area and so you're trying to cover a lot of ground, serve as many people as you can, but your frequency is probably going to be a lot less. You may see a bus maybe only every two hours or every hour. A productivity system is where you're serving high demand areas, focusing and maximizing ridership and minimizing the subsidy. When we did our plan as a board -- our board adopted a 70 percent productivity to a 30 percent coverage. So, that's the ratio that we try to maintain when we are doing service planning. So, this is the map of Valley Connect. There are -- we have taken all the service classifications and through color coding identified where those are. This really is the vision of where we would like to be. This is so that we can -- can develop services. The one thing is we don't -- because we rely on partnerships and new money to expand services, Valley Connect is designed in a way that we could take out different routes and look at different segments and develop different segments independent of other segments. But when we do that we try to use certain design -- service design principles and these have been adopted in our plans throughout the years, but really focusing on the quality, the -- having a full pallet of service, recognizing it's not a one size fits all, thinking about equity across the region, that not everybody gets the same exact service, but it fits the community in the planning process and that we really try to use the direct, simple, and easy to understand and we did a complete route restructure in 2005 based on -- on those principles. Eliminated large loops, focusing service on two-way routes, so that they would be quicker -- quicker trips for people using the 15, 30, 60 minute frequencies, because it's easier for people to understand and to break out into time -- time schedules. We adopted a fixed bus stop system which created a lot more ease for the passenger and trying to make the system as seamless and customer focused as we can. You have seen this graphic before. It's really the -- the graphic about how all of those Valley Connect services and -- and support services fit under our regional system. So, I'm going to talk about this particular project as Caleb mentioned, the City Council approved the 60,000 in the budget. We talked about the original concept, which was to connect downtown Ustick Road and Boise city, form the planning team, and are looking at connecting with key stakeholders throughout the process. The planning assumptions -- and we talked a lot about this, so at the foundation really looking at options that consider the Valley Connect plan services, so we are not recreating the wheel, but what we wanted to do is evaluate the short-term route in the context of what is the system going to look like when it's fully built out, because we want this to be a successful service. So, we also evaluated land use patterns -- not just those today, but what are they going to look like in the future and where are the major activity centers and neighborhoods that we want to serve. We Meridian City Council February 4, 2014 Page 10 of 72 looked at stakeholder objectives, what are the target markets, is it commuters, shoppers, what are we looking at? What is the potential for leveraging the federal funds? As I mentioned, that looks different in the small urban services versus the large urban and what makes the difference is where the services are initiated. So, if they are initiated in the Nampa area it goes under a smaller urban project. If it's initiated in the -- in Boise or Meridian and only serves those areas, then, it's considered a large urban project. So, this -- the Ustick route to downtown Meridian -- one of the first ones we looked at -- as we looked at and thought about the service design guidelines and the funding availability and thinking about some of the design guidelines don't get met in this more circular route, because it doesn't provide the two way service, it's more of a loop route, so if somebody wants to get three-quarters into the route you ride the whole way around and it sort of deviates from the -- just to give you an example of some of those design principles. So, we did start looking at the whole system first and this graphic is all of the planned services for Meridian with the routes listed and, again, I'm not going to go into a lot of detail on those, just that -- that there has been a lot of thought to what services could be available in Meridian also in addition there are routes identified that would be considered flex zones where we might do more demand responsive or flexible types of services. So, the service options -- if you could go to the pdf, Caleb. You received these in your packet and the -- we looked at a couple of -- I think three more commuter-based options that would be weekday peak hour services and, then, a couple of weekend options that -- that will go through. The table at the top talks about the distance between the -- the route, a 12.7 mile route. Round trip would be 25.4 miles. This would be a 30 minute frequency. There would be a stop about every five miles, so we would utilize park and rides for this type of route. The total cost for a peak hour route like this is calculated about 240,000 and, then, the local portion -- because it is starting in Canyon county, the local portion for that route would be around 98,000. The next route is a route that would serve the Meridian activity centers to downtown Boise. Again, this is a commute route, peak hour, about 11 mile distance or 21 mile round trip. It would also be a 30 minute frequency and that is about 269,000, with a 215,000 local portion and, again, that's because of the match ration. This route is also a weekday peak hour, but it serves just -- it's specific to Meridian. So, it doesn't connect to any particular existing route, except for at the park and ride and this is an 8.6 mile one way trip. It's about 12.2 total route, 30 minutes frequency, and that you can see the cost, about 150,000, 120,000 for local and, again, because it's only in Meridian it would have Boise -- the large urban area match ratio and, then, this is -- as the committee was thinking about different markets to serve and the amount of funding that was available and really trying to make a difference with -- you know, a small scale type route like this, we started thinking about what a Saturday kind of shopper route might look like and so -- and also you could connect the different parks and the different activity centers in Meridian. So, this route is -- it connects parks and shopping and it kind of would be a retail shuttle into and out of the Town Square Mall and this would be a 30 minute frequency all day during Saturday and there would be stops at -- along the major activity centers. Just to point out the circles aren't the only stops, they are really just highlighting that -- the highest level activity centers. So, that has a local match of about 68,000 dollars, which is still a little outside of our range. And, then, the last one is a little smaller scale, does not go all the way into Town Square Mall, but serves Meridian City Council February 4, 2014 Page 11 of 72 Meridian -- the City of Meridian, a lot of the similar qualities, 30 minute frequency, and that is within the budget of -- with a local portion of 37,625. A couple other things that we are considering as we were developing this route. If we do a peak hour service we would have to look at available equipment, because we don't have a lot of vehicles available during peak hour and so we would have to factor that cost into the -- the project as well. The advantage of a Saturday service is we have plenty of equipment available. So, the committee wanted to present these options to give you an opportunity to discuss -- and I have a few questions, Caleb, back at the PowerPoint, if you want to put that back up, just to kind of see if we could get some input on -- there we go. One more. So, we were curious about what you thought of the idea of a weekend versus a commuter type service. I know one of the comments that Councilman Rountree had at the last meeting when we talked about the charter, it was just raising expectations and, you know, I think we want to be very conscientious about that going into public outreach and would really get to -- would like your input on the public outreach process and how we go forward. So, with that I would stand for any questions or enjoy hearing your comments. De Weerd: Thank you, Kelli. Council, any questions? Comments? Councilman Zaremba? Zaremba: I would comment that I appreciate the work that's been put in on this. When you -- when you sit down and -- after we started discussing scenarios and what -- the actual cost of them, I realized I calculated back -- the 60,000 dollars that we did set aside in this year's budget actually works out to about 1,110 dollars week. So, it was a realization that that doesn't buy a whole lot of transportation, even when you add in whatever is matchable the two scenarios that come closest -- the one that's on the screen now, which is the Saturday only service hitting an awful lot of important places in Meridian and circulating a lot of people around is very attractive. The other scenario that was close that was about 69,000 dollars -- when you notice that it connects to Town Square Mall, that actually is a center -- a transfer center VRT now and even on a Saturday you would able to go almost anywhere in Boise if you got to Town Square Mall. So, to me that continues to be a viable option, although it's 9,000 dollars more than we talked about before. So, I think the discussion is are any of these options viable or should we just put the 60,000 dollars back into our General Fund and wait until we have enough money to do a whole system or would it make sense to at least have what I call a toe in the door and if it's -- if it's only a Saturday service and we find out that people are loving it and using it, then, that's ammunition to talk about bigger budget for next year and -- so, I guess the discussion is should the committee proceed with this, should we go to public outreach and ask for their opinions and does the rest of the Council have any direction on whether the 60,000 dollars is flexible or do we stay within that. De Weerd: Those are great questions, Councilman Zaremba, and I'm so glad we have a larger City Council to answer them. Milam: Madam Mayor? Meridian City Council February 4, 2014 Page 12 of 72 De Weerd: Yes, Mrs. Milam. Milam: I have got a question for Kelli and also my opinion. Well, Kelli, so -- and I don't know -- maybe it's not even an option, but if we are specifically kind of drawing our residents to specific shopping centers, do we go after that private sector dollar? I mean will they kick in some money towards this. The Village. The Mall. Fairless: Yeah. Madam Mayor, Council Member, you know, this total cost hasn't factored in any fares that might be collected. A lot of systems that do these shopping shuttles don't typically charge fares, but sometimes the fare collection can be just additional added cost. But -- and there have been times when retailers have been willing to help fund the -- the project and that's something we could certainly look at and we would encourage that. The other thing, too, I would point out with that particular route is you do have the opportunity for people to come from Boise and do their shopping in Meridian as well. So, there may be folks that would be going in the reverse and doing that as well. So, that could be a selling point if you were going to get retailers involved, that might actually be a stronger route to pitch to them. But it's an idea I think we should think about. Milam: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Kelli, thanks for the presentation. It was very very informative and I'm going to kind of put you on the spot with kind of sideways question in this. Meridian route V04 that's on the screen right now as a weekend route, ballpark cost if that was aweekly -- like adaily route? Fairless: Let me -- do you have a good guess on that one? Does the audience have an answer? Cavener: You can phone a friend. Fairless: It's about -- probably about 250 to 270. Yeah. I had a lifeline to the audience, so -- Cavener: I appreciate it. Thanks. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council February 4, 2014 Page 13 of 72 Borton: Kelli, one question that would help me that you probably can't answer it today -- is to understand how starting these seed routes play a bigger roll in a long-term development of public transportation. Any of these routes may be a loss for a year or two or so, but do you have studies that you can provide from other communities transitioning from 50,000 to 150,000, how they have incorporated these types of satellite routes and, then, developed them, got community support and what -- how that's been successful or not successful. De Weerd: Madam Mayor, Council Member, the -- I don't have any case studies of where one route was started in a city the size of Meridian, so I can't say I have any direct knowledge of that. We have been really careful in this planning process and I have been kind of the wet blanket in a lot of ways, which Councilman Zaremba has been very patient with me as I have thought through -- Valley Regional Transit's interest is a successful route at all -- you know, that's what we want to see, because this is the first step forward. So, if it -- if it falls flat and it doesn't accomplish the goal, then, we have -- it makes it harder to go back when you want to expand it or make something, you know -- so, I'm really -- I am really cautious about trying to do anything that isn't going to be successful. I think that's probably the least risky with a Saturday shopper shuttle, because it's not -- you know, there is a lot of other types of transit that -- that we could explore down the road, weekday service, peak hour service, that you're not really getting any -- any information about in this way, but it does get people thinking about transit in Meridian. It kind of expands people's exposure to it and with marketing, you know, we could probably -- I know the Saturday routes in Boise are very busy. So, you know, I think it's -- it's something that we could probably make work. It's really managing expectations, deciding how to -- how you're going to measure success, and then -- then being realistic about what that success would look like, depending on the route. And I would have fears of it not performing in the way that we would want it to personally. So, that's one of the things that -- Borton: Madam Mayor? And, Kelli, I agree and the reason I asked that question is -- is I would have the same fears unless there was some empirical data that says -- that allows you to answer that fear and say no, wait, because this one year, two year, three year of low ridership and lack of interest is -- is part of the progression towards a successful route and we have seen it in these other communities and so that's why we are -- allow it to evolve. Fairless: Yeah. And I think with a weekday service serving the City of Meridian you would want to be able to put at least two to three routes, because you want them to connect to each other as well or you do end up with those loops that -- that go against the principles of making it simple, quick, it makes really slow transit for people and you're going to service a very transit dependent population and that may be the way we measure success is that people who don't have access to any transportation have access to that and that may be a goal, an objective that you want to achieve and so it wouldn't be -- you wouldn't measure that against ridership, because you're not probably going to get the kind of ridership you would like to see. Does that -- Meridian City Council February 4, 2014 Page 14 of 72 Borton: Uh-huh. Okay. Thank you. De Weerd: Kelli, are some of these loops located near other connecting facilities, like bicycle paths or those that would lend to, okay, I can ride my bike to that location, catch the -- the bus and connect in several different ways. Was that considered as you were looking at these routes? Fairless: The primary activity centers that we looked at were parks and -- and retail and those kinds of centers. The commuter routes were neighborhoods where there would be opportunities for park and ride, because you're not going to want these buses to stop very frequently or they would come too slow for a commute style. So, I have to look to Caleb to say you would probably know better which ones -- which one of these areas connected with bike routes, because we didn't specifically look at that, but I think with parks I can probably assume that those would connect to some of your paths. Hood: Madam Mayor? I don't know that I can answer that, because, like Kelli said, we didn't really look at the interaction with bike routes. Certainly Pine is a -- a bike friendly corridor -- at least it's becoming one over time, but that wasn't one of the major things we looked at when we were trying to accomplish the goal of -- within the parameters established by -- by Council. So, I'm sorry, I can't really answer that either. De Weerd: Well, I guess, Council, one of the questions is regarding -- if this goes out for public comment. I would be very curious to see what the public is thinking and, you know, before you even try something you want to know if there is an interest, a desire, and maybe even put a challenge out there to -- to seek riders and let them give it a chance. But without the public input I -- and to even know what would be a priority for them, it would be like shooting in the dark and not even know what you're shooting at. So, I would ask is there a consensus from Council to move forward for public comment and are you ready to perhaps take action if -- if there is an interest from the community and I think you will have the finance staff come up to you after this and tell you there is no money, so -- Hood: Well -- and, Madam Mayor, if I may, I don't think any of the first three options are on the table and are anything we would go to the public with. I think options four and five -- this one with some tweaking or sharpening of a pencil we could probably get close to that -- that 60,000 dollar potentially. So, what I heard at our last committee meeting was really options four and five would be the ones we would put before those stakeholders and say is this something you would use or people you know, do you think they would use this, so we do get an idea of those -- I mean MYAC, for an example, that is a community we would engage, is are you -- is this something you would be -- and get with -- oh, yeah, if you use it over there a little bit maybe I would use it. So, those are the types of things we are looking for. But just to clarify, I don't think, you know, something that's four times, five times the money set aside -- as that wasn't something we were going to ask the public if this is what they want at this point anyway. That's not one of the parameters we were told to work from. That came across pretty clearly. But a lot of this exercise tonight was to show you -- like the things Kelli explained -- we were Meridian City Council February 4, 2014 Page 15 of 72 trying to get butts in seats and we were trying -- you know, that was one of the things I heard when Councilman Zaremba was -- was proposing this, a successful route means people are using it, obviously. We want to cover Meridian. We want to go downtown. And we talked about Ustick. You can't do all that for 60,000 dollars. So, we tried and we had these different variations and when you start to run it you just don't have -- you got to cut something or multiple somethings out of that equation to get your 60,000 dollars. So, again, what Councilman Zaremba was saying is we can put something together and cross our fingers and hope -- a little bit more than hope -- we will do some outreach -- to see if it's successful. Or not. But we designed something within the constraints, for the most part, of the money that the Council approved. So, that is just clarification that I -- I don't believe the first three options are even something we should put out there for public consumption. We just wanted to show you some of our work behind the scenes. Zaremba: Madam Mayor? De Weerd: Thank you. I would be curious when you go to the -- to our youth council members, ask them if they were on a school route -- bus route and if they took the school bus. I can almost answer for them, but -- Mr. Zaremba. Zaremba: I was just going to support what Caleb just said. In our discussion in the committee we wanted the Council members to see a lot of the thinking that went into it and what some of the scenarios add up to. But I believe it's our plan to only discuss options four and five in front of the public. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I concur in that. I think the -- option four comes closest to what we were initially envisioning in terms of trying to get some connection and continuity, though I think our original vision was it might be more than just a Saturday. Keep in mind that if we take these to the public and there will be an expectation that something happens, at least these two options are within the budget -- or close and also keep in mind that if it's not successful you will go through another public process much like the first one and, then, close the route and Kelli and I have been through a couple of those in the past, so it can work both ways and it doesn't mean that it's perpetual. Of the two that are left I think the one that looks to me like it has the potential of being successful is the fourth option. Fairless: Yeah. Madam Mayor, Councilman Rountree, I think even back to Councilman Borton's point, out of all of them I would say this one, because of the connection to downtown and if we could do it Monday through Friday, I think this could be a pretty good standalone route, because it's serving some of the major activities. I just don't Meridian City Council February 4, 2014 Page 16 of 72 have a case study I could go to and say, you know, prove that out, but I think it has a lot of the qualities, it's anchored by, you know, some major activity on both sides and you have got a lot of housing and in between as well. So, I think it could be successful, it's just -- it's hard to say without those kind of case studies to back that up. Rountree: Madam Mayor, do we need a motion or kind of a summation to give Kelli some direction? I would just summarize what I'm hearing and say move forward with option four and five with the public involvement. As you design that public involvement make sure that you don't forget the Boise market and certainly the selling point I think are some of the features in Meridian that they are already coming to, so -- Fairless: Right. Rountree: -- with that I would say let's get going and see what we come up with Fairless; All right. Well, thank you. Appreciate your time. De Weerd: Kelli, I would just add in looking for those natural allies I think Boise Town Square probably would be thrilled to have people that are going to the Village also consider going there, too, since the Village has really become an energy center. So, at some point we will want to talk with our -- our retail partners and see if this can be a funding partnership, instead of -- instead of just the city funding getting people to their establishments. Fairless: Yeah. And, you know, I really appreciate that perspective, too, because, then, you're also -- it's also a marketing tool, because they are going to be invested in getting people to ride it. So, you're kind of getting both sides of the coin that way as well. I think it's a really good suggestion. De Weerd: And perhaps maybe even the senior center somehow be a partner on a Saturday route for their members and engaging their transportation -- at least in getting them to -- to their facility that they can, then, hop on and do their thing. Fairless: Right. Right. Yeah. That's actually a really good point, too. De Weerd: Thank you. Fairless: Well, thank you for your time. B. Mayor's Office: Resolution No. 14-976: A Resolution for the Appointment of Patrick S. Oliver to Seat 5 of the Meridian Planning and Zoning Commission De Weerd: Okay. Council, I had moved Item 10-A as 10-B. In front of you you have Resolution 14-976, appointing Patrick Oliver to Seat 5 of the Meridian Planning and Zoning Commission and -- see, Pat, I had to put on my glasses just to make sure you Meridian City Council February 4, 2014 Page 17 of 72 were here. And I will ask Pat if he would like to make any remarks, but I will forewarn you right now that these meetings can go long and so by putting you earlier on our agenda I think it defeats the purpose of you learning that these can go long. So, Council, I would appreciate -- you do have information on Mr. Oliver in your packets. I conducted interviews with the chair and we are excited about having Pat's perspective on our Commission. He is a long-time Meridian resident. He cares about this community. He lives in a part of our community that is not represented at this time and so I'm honored to bring his name in front you for consideration to appoint him to Planning and Zoning. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would like to move that we approve Resolution 14-976, appointing Patrick Oliver to Seat 5 of the Meridian Planning and Zoning Commission. Rountree: Second De Weerd: I have a motion and a second to approve the appointment under 10-A, now 10 -- or 7-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Would you like to make any comments? Up here, please. Thank you for being here with us tonight. Oliver: Thank you. Appreciate it. Madam Mayor and Council Members, I appreciate the opportunity to join the Planning and Zoning Commission. I look forward to a rewarding opportunity for me to give back and give back to the community which I have lived in for 40 years and I hope I bring something to the table that I can add to the Planning and Zoning Commission and I hope to learn a lot from it and am already getting a lot of information that is overwhelming, but I'm very much looking forward to the opportunity and enjoying the experience so far, so thank you for your confidence in me and I appreciate working for the city again and, hopefully, I will be of help, not a hindrance. Thank you. De Weerd: I look forward to working with you as well Oliver: Thank you very much. Meridian City Council February 4, 2014 Page 18 of 72 De Weerd: Thank you. Rountree: And thank your family for allowing you to do this. De Weerd: Yeah. Because even though we moved you up on the agenda it still was long, uh. Item 8: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Action Items A. FP 14-003 Canterbury Commons No. 2 by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty- Seven (57) Single Family Residential Building Lots and Nine (9) Common De Weerd: So, we will move to Item 9-A. This applicant has requested a continuance to February 18th. Council, I would need a motion to continue this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue FP 14-003 to February 18th, 2012 -- or '14. Rountree: Second. De Weerd: I have a motion and a second to continue this item to February 18th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Consolidated Public Hearing on the Update to the Development Impact Fee Capital Improvements Plan (CIP) and the Revisions to Impact Fee Ordinance De Weerd: Item 9-B is a consolidated public hearing on our update to the development impact fee and capital improvement plan. I will turn this over to our CFO. Stacy. Kilchenmann: Good evening. And now I'm going to turn the meeting over to our consultant Adam Orens, who is from BBC Consulting in Denver, Colorado, and they are the company that did the first update when the statute changed and he went through and did a recalculation of population forecast, et cetera -- I don't know if you have all Meridian City Council February 4, 2014 Page 19 of 72 read the report, but it's very detailed, and he is going to briefly explain the process and what we came up with. We also have some members of the impact fee advisory committee in the back row that came to give their support -- if you drag them up here. So, without anything else I will turn it over to Adam. De Weerd: Okay. Thank you. Good evening. Thank you for joining us. Orens: Yes, Madam Mayor, Council Members. Thanks for having me here. As Stacy mentioned, I'm Adam Orens. I'm with BBC Research and Consulting. We are an economic and public policy consulting firm. We are out of Denver, Colorado. Yes, it's been a rough couple days since the Super Bowl, but we are here to talk about impact fees. So, as Stacy mentioned, we have been at this since September of 2013. We were tasked with doing an update of your impact fee program and we were the firm that did the study -- I believe it was in '06 and '07. So, I intend this to be a brief summation of what we -- the process that we went through to get the fees to this point. I will talk a little bit about impact fee background. I know that some members of the Council are relatively new or might not have been here when we did the original study. I will go through some -- some of the data that supports the fees, demographic projections, an example of how one of the fees are calculated and, then, we will talk about -- just entertain your questions. I know there was some discussion in a meeting this past December about differential distinctions in the fees and some details and I would be happy to entertain questions and comments on that. So, just start with a brief definition of what impact fees are. They areaway to finance capital improvements in the city, specifically that serve growing areas in the city. This is a tool to finance capital that you must expand to serve new residents and businesses in the community. We -- in this instance we did police fees, fire fees, and parks and recreation fees. So, when does a city generally adopt impact fees? When you're growing fast, which I know Meridian was in mid -- mid decade -- last decade and I think it's kind of starting up again here. We have actually had a lot of interest in this line of work that we do just recently this past year, so, you know, we are seeing signs of a lot of communities updating their fees, because of development activity starting again. Sometimes when communities grow very quickly residents may realize that, you know, there is a lot of traffic in town and, you know, calls for police service or other services are not as fast as it used to be and so impact fees could be a good idea when there is a decline in the level of service or at least the -- you know, it starts with the perception of your residents and, then, some phone calls and then -- so, impact fees help a community keep their level of service at a peg legal in the face of a rapidly occurring growth. When the General Fund does not -- well, it does not have the resources to fund capital improvements in its entirety, this is another financing mechanism that communities often turn to. When there is a perception in the community that -- that the growth that is coming into communities not paying their own way into the system. And, then, you know, impact fees are -- are a substitute for what's customary -- customarily called exactions where a community may ask developers on an ad hoc basis to fund certain pieces of infrastructure just as a general agreement of the approval and permitting processes. So, impact fees take those exactions and the ad hoc nature of it and make a level playing field, a more known system and predictable system where developers know what they have to pay in Meridian City Council February 4, 2014 Page 20 of 72 order to have infrastructure to support their development. So, that's another way -- another time that impact fees are often used. Up on the screen right now is this simple equation that is used to calculate impact fees. Basically just a division problem where you look at the growth-related portion of capital improvement plans and you parse out the facilities and the capital improvements necessary to support growth. You have growth projections, which I will show you in a moment, and, then, you apportion the cost of that infrastructure to the units of growth that are expected to come, residential units and commercial square footage, and what we should know -- what we calculate is what I like to call the full cost of recovery fee. That is the fee that would be necessary to be paid to recover the full cost of growth-related capital. City Council has the freedom to adopt any fee amount under that level. So, it can also be thought of as the maximum allowable fee, but I really like to think about it -- I think is a more appropriate description as the full cost of recovery fee. If a community decides not to adopt that they must realize that those funds must come from another source, your general city revenues or other funding sources if you -- if you intend to build all those items on the capital improvement plan. Your city has very detailed capital improvement plans, but this is an item of impact fee study as required by Idaho State statutes, you must have a regular capital planning process, including fully loaded costs of the improvements and the capital improvement plans I have seen in this community are very detailed, regular, they include operating costs for future city budgets and Ihave -- they plan out a pretty far horizon. But these fees are based on a ten year capital improvement planning timeline. Not all capital spending is related to growth only and we went through a process where we looked at the items on your capital improvement plans and we apportioned them to these three categories. Certain capital improvement plans are to repair and replace -- replacing aroof on a fire station, those are not impact fee eligible and we don't include them in the fees. You know, oftentimes when a community builds new facilities there is -- there is an item of betterment that comes along with them. Afire station built 20 years ago is not the same as a fire station today and we make efforts to parse out a betterment new facility, new services, and make sure that they don't get included in the fees and I will show you an example of some of the parsing out that we do as part of an example fee. The third item on here is impact fee eligible. When you are expanding capital facilities in the community to serve new growth and preserve a level of service, those capital improvements are impact fee eligible and we include them in the full cost recovery fees. Part of the Idaho State statute is the convening and consultation with an impact fee advisory committee. Stacy mentioned that some of the members are here today. I met with them two times. I know they met a few other times, but we went through a process where I presented all the calculations that were made, the growth projections that the fees are based on. We had discussions with your police chief, fire chief, and parks director on the CIP items and the advisory committee recommended that we move forward. But the roll of the advisory committee has adopted and the Idaho state statutes are to assist with the land use assumptions to periodically monitor and evaluate the impact fee system. I think they need to be convened at least once a year to just kind of look at how the CIP construction schedule is going, reevaluate growth projections and decide if we are still in line with the parameters of the study. So, here on the screen are the growth projections that the fees are based on. These were taken from your regional planning agency COMPASS and we used ten year projection Meridian City Council February 4, 2014 Page 21 of 72 of households and industrial and other commercial square footage. We -- we did a commercial space take off based on the employment projections in COMPASS and we kept the ratios, the square footage and employment similar across the planning horizon. Also these -- these households and the commercial square footage are used to apportion fee between residential and commercial land uses. So, we used a square footage common unit and parsed out the fees between residential and commercial based on their usage of the land in the community. So, here I will show you a quick example of a CIP and a fee calculation and, then, I will show you a summary of all the fees. Here you have your police capital improvement plan. You can see that one line item to replace, vehicles, is not included in the fees, because those -- police cars are replaced on a fairly regular basis. They are only in use for a couple of years and they don't meet the standard of a very durable piece of capital equipment. Other fees -- future substations were allocated entirely to fees and one item in particular, the training center, only a portion of that was included in the fees, because it's actually tied to your station expansion project and it's serving the entire community and not just the growth portion of the community. So, we only calculated -- we reduced that to about 22 percent based on your growth projections as to the portion of that that will be serving the growth and the portion of that that is the station expansion. Other items on this table include the fee study is also impact fee eligible under statute. And, then, we -- we take out of each of these any balance that you have in your impact fee funds -- do not need to be replicated by the new fee payer, so we take that out of the equation. And so 11.6 million dollars in your CIP works out to about only 2.2 million of that is impact fee eligible. So, we went through a similar process like this with your fire department and with your parks department. Other adjustments made in those departments include really insuring that the level of service remain constant. We took out a significant amount of future planned parks acreage, because we saw your acres per thousand resident creeping upward in what you have planned to construct here, which is great, but you just can't use impact fees to fund it, you must find other ways to fund it. So, we have made efforts in all the departments to make sure that these improvements are to just continue the current level of service. So, going back to our police example, that 2.2 million apportioned out between residential and nonresidential land uses works out to about 223 dollars per residential units, usually imposed at the time of building permit and 12 cents per nonresidential square foot. So, the other fees I will show you in this table. Similar process for fire and for parks at 681 dollars the residential fire fee. At 11.13 for parks and rec. About 2,000 --just over 2,000 dollars as a total impact fee that is what's seen on the bill given to somebody -- developer at the time of building permit. It's an increase over your previous fee system of about nine percent in total. So, in my opinion it's a very modest increase. I think it basically keeps you lock step with inflation and that's what we have calculated through this process. If the -- using the growth projections to project fee revenue, it would mean about 18 million over ten years in fee revenue and, then, the city portion, which is all those fee items that were not -- or CIP items that were not impact fee eligible -- would need to be supported by general revenues of the city and that over the -- over the ten years is about 40.8 million dollars worth of capital improvements. That the city's portion of -- of the system here. So, I don't have any other prepared slides for this and I would be happy to open the floor for comments and questions. Meridian City Council February 4, 2014 Page 22 of 72 De Weerd: Thank you so much. Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, I believe that without impact fees growth pays for itself through taxes over the years, the jobs it creates and everything, so growth does pay for itself regardless of whether you have impact fees or you don't have impact fees. Another thing. On your assessment for residential, on rental units I understand that you throw apartments and rental houses, three, four -- two bedroom houses all in the same occupation -- or occupancy category; is that true? Orens: We have one fee for residential units. That's regardless of rent -- tenure does not really figure into this equation. I think it's more of a distinction between single family and multi-family. Bird: How does apartments go in with single family where single family is -- is family? Apartments usually is one or two people. Orens: We charge one fee per residential unit and the thought and the logic behind that is there can be any amount of residents in an apartment versus a single family home. Actually, the most common form of rental housing in Meridian happens to be single family homes and so when we do impact fees we like to make sure that we are not pushing the analytical boundaries of the study. So, by that I mean anybody can live in an apartment or amulti-family structure, it could be a single parent with two kids or three unrelated workers in their 20s and they might have very different usage or demand of municipal services and municipal infrastructure. So, we designed the fees like this one for some simplicity and, two, ease of administration and, three, because I feel that it's -- it's a residential unit that you're serving and that residential unit could have varying demands on municipal services and facilities. So, I don't feel like I know enough about the people that live in that residential unit to assess them a different fee than another one. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: This is a very very similar question to what Keith was asking, but why are you charging a flat fee for a residence, instead of by the foot, like you are with commercial? That would simplify -- I think that would answer the question that he has is if you have a thousand square foot home and you have a 5,000 square foot, they are charged the same impact fees. Meridian City Council February 4, 2014 Page 23 of 72 Orens: Because I'm not quite sure that they may have more demand for police services than a smaller unit. The mere size -- to me I think if you -- if you want to try and scale things differently it could be based on population of people and people per units. Maybe bedrooms would be a better proxy, but I would think that simple square footage, due to the varying ways that homes are constructed, what you really want to try and find is your best proxy for demand for facilities and services and those two are proxies for that. Also, a household is also a proxy and that's why we have recommended that in this instance. Kilchenmann: Madam Mayor? De Weerd: Yes. Stacy. Kilchenmann: I might be able to provide some clarification. On the first square foot we only charge that on commercial and it's only for police and fire. We don't charge commercial properties impact fees. So, that's -- that's why you -- we try to equate what the demand is for a particular entity property on what the -- what the function is. So, fire and police we just assume people that work in commercial buildings don't necessarily use parks when they get charged a residential fee. And that the demand on police and fire equates to size. Well, a Walmart is going to demand more police and fire time than a Krispy Kreme and the reason for not separating -- we haven't separated, that we have tried to make some arbitrary separation between who lives in a particular type of residence is that we really can't find anything that says people who live in apartments use parks less than people that live in houses. When we looked at studies and in Meridian you generally have less people living in a large household than you might find in an apartment. So, it becomes a -- how are you going to distribute that. So, if we -- if we are not going to charge apartment -- if we are going to lower the fee for apartments, we will raise the fee for single family houses. So, it just becomes how are you going to distribute it, how do you make that fair so that you don't leave anybody being irritated or not happy with the fee. And that's why we have tried to keep it as simple as possible. Orens: Yeah. I think that's right. And if you -- if you think amulti-family unit is paying more than they should, I think the issue that Stacy brought up a little bit is what -- you know, when the fees are calculated we come up with the fee eligible amount and, then, we -- we divide it up between residential, commercial, and we stop there. If you want to divide it even more, that means that you must feel that single family units right now under the current system are being unfairly subsidized by multi-family units and that cost needs to be reallocated among the two. So, any lowering of one type would -- would result in raising the other type. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would like to make a comment on philosophy of growth paying for growth. While it's true that after things are built and occupied, they do increase our tax base. Meridian City Council February 4, 2014 Page 24 of 72 The way that process works is that pretty much after they are built and after they are occupied the county assessor makes an assessment on them and they levy a tax and, then, there is about a year before that tax is collected, so it ends up -- the property taxes and the sales tax process is a similar process where it goes through some state hands and sits there for awhile before it's distributed. They lag considerably behind the need. In other words, if a dwelling is occupied or a business is occupied and we initially don't collect anything on them until two years later, what happens to their calls for police or their need for fire during that time when we have not funded that additional growth and to me the purpose of impact fees is it's the only thing that we collect before the need is there, not two years after the need is there. It enables us to provide the facilities to purchase the equipment and hire the firemen, to purchase the equipment and hire the police, to add a few more acres to our parks, so that those are available when those buildings are occupied, whether it's a residence or a commercial and to me that is the only way that growth pays for itself. Now, a few years later when we are collecting property tax on those properties and sales tax if it's a business, that money goes into maintaining what was needed as that grows. So, we do eventually collect more, but to me the phrase growth paying for the growth means that we need to have facilities in place by the time there are people here to use them and the only way to do that is with impact fees. De Weerd: Okay. Council, any additional questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On the nonresidential you're calculating that based on a square foot. At some point do you stop? I mean it seems to me like if -- if you get 20,000, 30,000, 40,000, 50,000, 150,000 square foot building, I'm not sure that you necessarily -- I might could rationalize it for fire, but I'm not sure I can rationalize it for police, when you're also getting an impact fee for police based on persons more or less through residential. So, help me with that. Orens: Yeah. Under the -- the current system there is no cap for that. I don't see any reason that if -- if you decided you want -- if you're getting such large buildings coming into the community and they are of an industrial or warehouse nature, you may want to consider potentially adding some sort of cap to this. That is not something that we see a lot and so we didn't add the cap in this case, nor have I seen it become an issue in other communities that have that. Mainly, you know, if you get a large big box store, let's say, I believe that -- that those fees per square foot are justifiable, because, you know, they have a lot of traffic, they have a lot of -- and each square foot and the bigger the store roughly becomes more the activity that's there. You know, this is a -- we need to find a proxy for demand. That is what we are trying to do in using these matrix that we do and in my opinion I feel like we have found the right proxies here, but there are many ways to do this and, you know, if that becomes more of an issue, then, we can Meridian City Council February 4, 2014 Page 25 of 72 investigate that further if you feel strongly that there is some inequity in the system as it was designed. De Weerd: Any other questions from Council? Okay. Thank you so much. Orens: Thank you. De Weerd: This is a public hearing and at this point I would open it up. I had only one person that did sign up to testify, Jeremy Thompson. Signed up against. If you will, please, state your name and address for the record. Thompson: Jeffrey Thompson De Weerd: Oh, I'm sorry. Thompson: That's okay. It's my handwriting, so it's all right. I live at 1970 East Handel Court in Meridian in Vienna Woods Subdivision and I'm representing the Building Contractors Association today, BCA Southwest Idaho. I'm currently the president. A lot of our members are out today, they are not here. There is a national builders show in Las Vegas and so our normal representative Dave Yorgason, is not able to attend, but I am here to speak just for the body of our organization and did you -- Council, did you get -- De Weerd: We did Bird: We received letters. Thompson: Okay. You did see -- okay. So, just to state for the record that that's -- that our position is that the fee calculation, if you look through that document, we are just questioning that -- the numbers that COMPASS uses, we know that they aren't fully accurate, obviously, if you compare from 2006 and you look back at that, you can see they are not. So, when we take that all into consideration across the -- the police, fire, and so forth on those impact fee calculations, we are really jumping up a sizable amount. The park impact fee, specifically starting with that one, is going down. We -- we are okay with that, obviously. That's a reduction. But we understand that that's because prices of land have decreased dramatically since 2006 and also we also would like to recognize that, obviously, sometimes the land is donated for parks and things, too, which is not even in that equation, but we still are in favor for that -- that reduction. The police impact fee is proposing a raise of 262 percent and new growth to pay for 22 percent of that facility -- the new facility and through the hired consultant that has just spoken to us, they may say it's justifiable as we state in the letter, but we believe that that's a stretch and clearly an attempt to have growth pay for the increased level of service of the police to -- you know, at the expense of new growth. And so as you look at those things we -- we are saying that we are just looking for reasonable estimations on these fees and so we are stating that our position is that we are not seeing that reasonability there and we see that -- as that fee is more reasonable that we can still Meridian City Council February 4, 2014 Page 26 of 72 have sufficient funds, the city does, to provide the services that are needed and so I would just -- I appreciate your time, I appreciate you looking through this document to consider this and just for the record have our position both on the fire impact and police impact and park impact fees that -- of our -- of occur current position regarding each one of those. Are there any questions that you have for -- for us as a Council? De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Well, I'm a little bit confused. And maybe that's just I'm coming into this new, but according to the numbers from the BCA, they seem a lot different from the numbers we were just shown. Your -- this would make a difference of -- I mean I read this and I go, wow, that seems outrageous, but the presentation that we just viewed showed the total of increase of about 150 -- nine -- what was nine percent, about 150 dollars -- I didn't write the numbers down -- per unit total, where this would be -- I don't know -- 700 dollars difference. Does that make sense? So, I'm just -- I'm confused. I'd like to know what somebody -- what are the real numbers? What are the current numbers and what are the proposed numbers that I can really understand what's going on, because these numbers are different from the other numbers that we were just shown and I just want to make sure that we are basing this on fact. Thank you. Thompson: The numbers that we have, correct me if they are wrong, is the park impact fee is to go to 1,113 dollars? De Weerd: Which is a reduction. Bird: It's a reduction, but the others go up. De Weerd: Uh-huh. That's in your packet of information. Milam: Is that the correct numbers, though? Bird: They are correct. It's not on there. The consultant's -- the consultant's did not give what we pay now, they want -- they are showing what they want us to pay. Milam: So, their numbers -- De Weerd: I'm sorry, if you need to -- can you hold on? We will ask him to answer that after Jeff -- Council, any other questions for Jeff at this point? Okay. Thank you. Thompson: Thank you. Meridian City Council February 4, 2014 Page 27 of 72 De Weerd: And we will get to the question of what it -- what it was, what it's being proposed and I certainly have seen it -- I will pull it up in my packet as well. But any additional testimony? Good evening. If you will, please, state your name and address. Seal: Madam Mayor -- yes. Jonathan Seal. W.H. Moore Company. 1940 Bonito, Meridian. De Weerd: Thank you. Seal: I would just for full disclosure for the new Council members, I'm -- I filed a protest on the park impact fee, so I'm going to try to stay within my lane tonight and keep my comments fairly generic. A couple things that I did want to respond to in the discussion. There was talk about if you lower the park impact fee for apartments you're going to have to raise them for homes and in my discussions before I fully support that. If you look at, for example, Ada County Highway District, they don't charge the same impact fee for warehouse that they do for medical. They recognize that there is a difference. If you look at the city of Boise, for example, their apartment impact fees for park are lower than they are for single family. Again, they recognize that there is a difference. There was a comment also made, if I understood it right, that there was more people living in apartments than do in single family homes. The truth of the matter is if you look at the census, the census for residential -- single family residential and rental -- I should say for rental, do not differentiate between an apartment building and a single family home. So, if a single family home is a rental, it's considered a rental property. So, that number, if you look in the census, is very misleading. Yes, if you do look at that number, it does indicate that -- that the number of people living in rental property is slightly higher than it is for a single family. But, again, when you peel that -- the layers that of impact, you recognize that, in fact, you know, that's a misleading number. Also, the thing that I really struggle with in this -- in this process -- and I have mentioned this before -- is how you can charge the same impact fees for an apartment project -- say a single family apartment -- or a single bedroom apartment, as you can for a large say four or five bedroom home. I, actually, did astudy -- and, again, maybe it's not the most scientific, but we actually -- I actually looked at -- we did an analysis of homes sold in the City of Meridian -- all homes sold, new and used, over the last year and the average size of that home was slightly under 2,200 square feet. If you, then, take an analysis of the -- of the quantity of apartments in here and you take, again, the average of that, it's slightly under 1,000 square feet. So, again, trying to square circle and say that a thousand square foot -- and I'm saying on average -- a thousand square foot apartment building or apartment dwelling is going to generate the same impact as a typical single family home -- I have a difficult time understanding. So, those are just some points that I'd like to bring up. Obviously, when I come back on the impact fee I will get into a little bit more detail, but I think these are things you recognize and, again, we could look at all different types of things. The other thing Iwould -- I would mention also, too -- and I have heard this comment -- that single family homes have backyards, so they don't put the type of pressure on a park system that an apartment does. But I think if we all look at particularly the homes in Meridian -- in fact, we are doing a single family development and you look at the backyard, it's about 20 feet. They are diminishing the size of the lot Meridian City Council February 4, 2014 Page 28 of 72 and increasing the size of home. Thereby putting more pressure on the parks system for single family. If you look at many of the apartment projects, including ours -- and, again, I'm not going to get into any detail -- I think many of them are upgrading their amenities substantially, which I would argue, in fact, reduces the burden on the park system. So, those are just some of my general comments and I hope I stayed in my lane. So, with that I will sit down, unless you have any questions. De Weerd: Council, any questions for Jonathan? Rountree: Thanks, Jonathan. De Weerd: Thank you. Seal: Thank you very much. De Weerd: Additional comments? Good evening. Miller: Hello, Madam Mayor, Members of the Council. Brad Miller with Van Auker Properties. 3084 East Lanark in Meridian. De Weerd: Thank you. Miller: We are industrial developers. We have distribution warehouses around the valley. If you eat tortilla chips they probably came from one of our warehouses. If you feed your dog dog food it probably came from one of our warehouses. If you sleep on a Sleep Train mattress it came from one of our warehouses. If you have hydraulic hoses on your tractor, which, Mr. Bird, you probably do, it came from one of our warehouses. So, we fuel a lot of the --the materials that are sold around the valley. We just -- we are just emerging from a very difficult economic time. We had an unprecedented number of tenants that just went away. We had an unprecedented number of tenants who were hurt by the downturn in the economy and we have not been able to raise rents for many many years. We have not recovered to the point where we were in 2004 or 2005 and -- and concessions we have to give to get new tenants to sign leases is -- I have been with Van Auker for 20 years and we have never had to give away a bated rent and now we are giving away bated rent. So, even though the economy has improved, it's not back to where it was and -- and doesn't look like it will for awhile. We have -- I have tenants that -- where we have not raised the rent on them in ten years, believe it or not. I can cite you quite a number of them. And we just don't make a practice of raising rents, because the market won't support it. Any increase in impact fees we will not be able to pass on, it will have to be absorbed by us. We feel that the police impact fee for an industrial project will go from six cents a square foot to 12 cents a square foot, so you're doubling the cost right there. For fire they are suggesting to go from 25 cents a square foot to 35 cents a square foot. I kind of like Mr. Rountree's questioning there. I mean warehouses are very low impact compared to a Walmart, so I'm thinking either -- and we are not asking for this, but maybe we ought to convert some of our warehouses into like punk crowd dance clubs, so we get a little more bang for the buck, you know, Meridian City Council February 4, 2014 Page 29 of 72 out of the police department. But I'm feeling like we are not getting our full benefit there. But we would ask that you forego any rate -- any increase in the impact fees right now, let the economy continue to rebound, let us all continue to get our economic footing and, then, consider that. I think that the level of service the city is providing now is adequate and I think with the existing impact fees and the existing economic base growing, the tax base growing, that it should be sufficient to continue on the way you are. Thank you very much and I'll stand for any questions. De Weerd: Thank you, Brad. Council, any questions? Bird: I have none. Rountree: I'm not sure I'd go with your suggestions, Brad, but I like the way you think De Weerd: I think it's Krispy Kreme and a -- Bird: The chief is going to talk to you as you walk back there. Miller: I figured we'd have to make sure that you and Mr. Bird didn't show up. De Weerd: Okay. Additional testimony? Good evening. Turnbull: Good evening, Madam Mayor, Members of the Council. First time I have been here since you expanded the Council and it's nice to see that Mr. Nary is not so lonely sitting at the end of the bench anymore. I wanted to -- De Weerd: If you will, please, state your name and address. Turnbull: Excuse me. David Turnbull. 12601 West Explorer Drive in Boise De Weerd: Thank you. Turnbull: I don't have the resources to parse through an impact fee study report and make technical arguments, so I'm not going to do that. I want to talk a little bit more in philosophical terms. The consultant at the beginning talked about some of the reasons that impact fees are good options. He talked about one was that when level of services are perceived to be declining and I don't know if that's a perception in the community. I will tell you what, I started developing properties in this city when there were about 9,000 people and we are nine times that now and what I have seen is better level of services, better equipment, better staffing, the whole works. Much of that came at a time before there were impact fees. Bird: That's right. Turnbull: I can go all the way back to looking at Boise when it was, you know, in the '60s there were about 40,000 people and now it's 200,000 and, you know, it seems to Meridian City Council February 4, 2014 Page 30 of 72 me like the -- you know, another point was the perception that growth doesn't pay its way. I just get a little bit weary of harping on growth doesn't pay its way, because all I have seen is that economic prosperity comes from that growth. So, that's just a philosophical point that I'd like to point out. I would reference the BCA response. I thought they had a lot of good points. I won't delve into that any further. But, then, I'd just like to share some empirical observations. You know, you have got a technical study in front of you, but I will give you some empirical observations. One is just the mere fact of affordability. Since the downturn six years ago, we have seen nothing but increased costs of all sorts from fees, from standards -- development standards -- it costs us more to develop and construct today than it did a long time ago and yet, you know, we have this affordability issue as Brad would mention and, you know, we have built one commercial building in five years, simply because we can't charge enough rent to cover the cost of building a new building. That's just the facts. That will turn around some day, but we are not there yet. Commercial construction is severely challenged right now. Now, we have seen -- and Meridian's been blessed to have projects like Scentsy and the Village, but those are different kind of drivers. Guys like us that are building for multi-tenant offices and things like that where the vacancies have been high and the abatements have been high, it's just not really feasible for us to be building a lot of many new products right now and increasing the cost of doing that just makes it worse. It's, essentially, a new tax -- a tax -- an additional tax on new construction and I think we ought to all realize that anything that you tax more you will get less of, so -- the consultant also mentioned some of the alternatives to impact fees would be exactions. I'd like to go back to some experiences we have had with ACHD. I think ACHD in recent past has pulled back their impact fees. If you talk to their staff they recognize that that's a serious impediment to construction. We have a property over on Ustick where the tenant bought the property, was not able -- well, was getting ready to construct -- and I can't remember the impact fee from ACHD was something like 750,000 dollars. They pulled the plug and walked away. Alternative being exactions. I would argue that we still have exactions in place. If you compare new development standards, we are required to put in X percent of open space. We are required to provide X number of amenities per acre. That is, in effect, a substitute for park property, you know. To develop anything on Chinden we are providing a ten foot regional pathway. If we develop anything along a creek or something like that, we are providing a regional pathway system. We don't get paid for that. We don't get a reduction in impact fees and as was mentioned by the BCA, sometimes you get donations, too. We have been ones that have been happy to make donations to the city park system and other things. We've never asked for a reduction in our impact fees from that. Maybe I'm stupid. Maybe I should have. But those are the kind of things that we are happy to do. So, I'm just pointing out that there are some other considerations that need to be taken into account. We appreciate the fact that the park impact fees weren't raised. In fact, they were reduced a little bit in response to the reduction in land costs, but I would encourage you to hold the line on any other for the parks -- or for the fire and police. I will tell you what, I see that the -- I don't see any lack of police cars on streets. They have got great vehicles. I don't see that we have any reductions in response times, but, again, that's just my observation. So, I appreciate your time and would stand for any questions. Meridian City Council February 4, 2014 Page 31 of 72 De Weerd: Well, you will find out about the response times tomorrow at the State of the City and -- so, I'm not telling you. Turnbull: Are you planning something? De Weerd: Just will tell you what their response times have done. Turnbull: Okay. De Weerd: Council, any questions for Mr. Turnbull? Bird: I have none. Rountree: I have none. Bird: Thanks, David. De Weerd: And thank you. You have been a great community partner. Turnbull: Thank you. De Weerd: Additional comments or questions? Siddoway: Madam Mayor, Members of the Council -- De Weerd: Hi, Steve. Siddoway: I have done quite a bit of thinking on the issue of just the splitting of the parks fees, so I thought I would maybe give some thoughts. For the record, it doesn't matter to me if they are split or not, because the impact fee eligible amount does not change under either scenario. The question is should they be split for -- for those different types of uses. The example was given of the -- the ACHD fees being different to reflect that there is a different burden placed on the road system by that and so the question to be asked is there a different burden placed on the parks system for -- by a multi-family unit versus a single family residence. I think the point is that we want to be fair to -- to both and what would an equitable be? So, can you -- can you base that on square footage. I think it would be a difficult argument to make, because you could have a retired couple, living in a large house and you could have a family living in an apartment. There has been quite a bit of effort done by both Finance and Jonathan Seal's team to see if we could come up with a persons per household number from a census for multi-family versus single family. Because if there was a way to stratify it that would seem to be a logical way, because the persons per household seem to equate more to the demand on the park system than natural square footage of the -- of the unit. They have already testified that they have not been able to find anything. have looked, I can't find anything either. The closest that we can find is the rental Meridian City Council February 4, 2014 Page 32 of 72 versus owner-occupied persons per household. Several years ago when the last studies were done, the difference between rental versus owner occupied were 2.93 persons per household versus 2.67 for rentals and that's actually gotten way closer and, actually, rentals -- like was mentioned by Jonathan Seal, are actually a little higher, only by .02. I think the numbers in the 2010 census are 2.95 persons per household in an owner-occupied residence and 2.97 in a renter occupied residence. So, we are unable to come up with a clear distinction between persons per household in that evening -- what we have available in the census. The -- anecdotally, you know, it's been suggested that, you know, apartments may use -- apartments -- people who live in apartments may use parks more, because they don't have backyards. As Jonathan Seal testified, often in apartment complexes they beef up their -- their amenities. Single family residential subdivisions are going that, too, as Mr. Turnbull pointed out. You know, they -- they are providing swimming pools and private open space parks and so, again, I'm having a hard time differentiating just based on amenities, because both provide amenities. De Weerd: I can see that you're arguing both sides very well Siddoway: So -- Rountree: Going to go into politics. Siddoway: -- all of this is to say that -- that's the whole reason why there is one proposed fee for both. It's difficult to come up with a -- solid reasoning to differentiate. If you look at the cities around us, Boise does have a different one. Nampa does not. Meridian used to, but does not now. It can be done both ways and whether you -- whichever way you choose does not alter the amount of impact fee eligible capital improvements, it's just whether it's -- there is a logical way to split it out or not. So, I guess I offer that as what I have thought about since it came up last month and would stand for any questions. De Weerd: Any questions from Council? Bird: I have none, Mayor. Thanks, Steve De Weerd: Thank you. Siddoway: Thank you. Klein: I'm Rachele Klein. 11101 West Executive Drive in Boise and I just have a question after hearing all this. I just wanted to understand when your last increase in impact fees actually occurred. I just wondered if they have been increasing every year as the economy has been going down or has the city been able to hold impact fees steady during this time? Is this the first increase I guess? De Weerd: Since 2006, I believe Meridian City Council February 4, 2014 Page 33 of 72 Kilchenmann: Yes. In '6 the Council adopted less than the allowable amount and, then, in 2008 they adopted the amount recommended in 2006 and, then, haven't -- so, we haven't really changed the fees since that time. Klein: That's what I was curious about. Thank you. De Weerd: Thank you. Okay. Additional comment? Any questions? Borton: Madam Mayor? De Weerd: Mr. Barton. Borton: If there is no additional public comment, I have got some questions for Adam, if that's okay. De Weerd: Yes. So, Adam, you did -- had -- well, I guess we just got the information on different fees. Yes. Mr. Barton. Borton: Thank you. Adam, help me understand a few things in your report. Orens: Sure. Barton: In no particular order. So, one of them is figure nine the parks and rec capital improvement plan. Ten year. Orens: Uh-huh. Barton: It lists, among other things, some items of equipment that are identified as a hundred percent growth related. This was on page 21 of your -- Orens: Yes. I believe I pulled it out right here. Is that -- Barton: Yeah. It's ATV, trailers, some items that I wouldn't of thought of being long- term capital investments. Where is the line drawn? Orens: The line is eight years, I believe, and these must be in service for that. These are items of equipment that are tied to the park that are above it and in discussion with the parks department they said that their general practices were to keep these items of equipment around for longer than the threshold defined in the statue. Barton: Okay. Then on page 19, figure seven, is the CIP for the fire and it identifies replacement of various engines, which are not growth related. Orens: Correct. Meridian City Council February 4, 2014 Page 34 of 72 Borton: Tell me about that. What excludes those? Orens: Because those are tied with current older fire stations and that's the general -- those are items of capital that may or may not have been financed with impact fees in the past, but when you go to replace or repair an item of capital it is not impact fee eligible if it's serving the existing community and not serving growth, which is the case with all those items there that have zeros as the growth related portion. Borton: Okay. The next question is page 53, Appendix D, and it's in reference to the fire station additions. Orens: Uh-huh. Borton: And the narrative makes reference to -- in your analysis there is growth related need for 1.8 fire stations, which got rounded up to two, without any real explanation, other than a round up, and, then, it would be moved to three after discussion with -- with city staff. So, to me that's a big jump from 1.8 to three, so -- and the report didn't really flush out how you got there, because that's a big number. Orens: So, we -- we tried to check the level of service with fire stations, looking at, you know, your current amount of fire station square footage and number of fire stations for certain amounts of land uses in the community and we found what was planned was going to creep up a little bit and, then, we wanted to reduce that and, then, what we were told by city staff was that certain stations were necessary in certain areas in order to keep that response time sustained and we were told to -- that those were necessary to keep that standard of response time in line to where it was. So, using that level of service of response time, which I believe trumps a square footage allocation, in our judgment we included that in there. Borton: Okay. Thanks. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm trying to decide whether to mention something that's actually unrelated to this, but as I'm known for going sideways -- the discussion reminds me that it was kind of a surprise to me to learn -- and I think I learned this just after we bought our ladder truck -- that the insurance agencies rate a city depending not only on response time, but the equipment that they have and it's actually of benefit to our citizens and what I'm thinking of specifically is when we bought the ladder truck our insurance rating improved such that the insurance cost for all of our citizens and businesses went down a little bit in the following years and these kind of investments have benefits totally unrelated to the subject that we are talking about right now, but I just thought people ought to know that. Meridian City Council February 4, 2014 Page 35 of 72 De Weerd: Okay. Any other questions for Adam? Borton: Madam Mayor? I have one more. It was intriguing -- and I have no idea why the distinction is -- as each category items are -- appear to be one hundred percent eligible or 22 percent -- Orens: Yeah. Borton: -- rather than 45 or 62 or -- Orens: And that's -- we calculated that number and I'm happy you asked that. What -- where that 22 percent comes from is we looked at the current amount of households today and commercial square footage -- future commercial square footage and households and that growth percentage is 22 percent of what we expect to be here in 2023. It's not here right now. That represents the growth portion. Borton: Okay. Orens: Did I answer your question? Borton: Yes. Thanks. Orens: Let me make just one remark. I mean I -- just to back up philosophically here, we have been, you know, kind of splitting tax year with some of these items on here and, you know, trying -- you have been asking me some detailed questions, but, you know, I just think it's important for you to know that this is one way to finance growth- related capital. You can decide to finance other -- in other ways. You can decide to not adopt the full fee for other considerations that are at interest to the community. These fees are not calculated in a vacuum here and, you know, they do have implications on certain other goals that the community might have. So, I think that's important for you as Council to weigh how you decide as a community to finance your capital expansions. And, you know, there are -- there are pros and cons on either side of this. You know, impact fees really help with keeping up standards in the community. Do they impact the cost of construction and developer costs? Sure. They absolutely do. But, you know, I think it's your decision as to how do you decide to fund that. One thing our fees do is they -- they tie demand to a funder of this type of capital I think pretty clearly and easily. Taxes maybe not so much, maybe the community tax base is not keeping up with this. There was a mentioned of timing. I think that was, you know, interesting to me and I have studied this -- I have studied this in really high growth areas, areas with a lot of resource development, oil and gas areas, where this becomes a very significant issue is that the capital need is almost in advance of when that household shows up, but for the taxes to keep up there is a lag time in that. If you decide you can absorb that lag time and fund it through other general revenues, then, that's great, you can keep fees low and you can move on your way. If you decide that that's not sustainable for your community in funding this, then, this is one method that you have at your disposal Meridian City Council February 4, 2014 Page 36 of 72 to fund capital improvements and so I'd just like to kind of back up from beyond the details to conclude on that. So, thanks for having me here. I appreciate it. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: I'm going to ask you another question. I apologize. Orens: Sure. Borton: And here is why. Before I get to the -- the concept of whether or not we should, I have got to grasp whether we could, meaning are the calculations really defensible, even though to get to a maximum potential impact fee. So, that's why I asked some of these -- Orens: Yeah. No. Borton: -- questions. Another one that jumps out at me is within the parks capital improvement plan, the Rails to Trails component, incorporate the portion as being growth related, which I may be wrong, but if the concept is to maintain an existing level of service how does that particular item fall within maintaining levels of service for something that doesn't yet exist? Orens: Well, this is a community amenity that has been parsed as to be funded partially by growth, partially by the community, and these fees are designed in that way and so these Rails to Trails are a community amenity and it is defensible to include a portion in the fees. This level of service -- you have trails in the community right now, these are just more trails that happen to be along a rail corridor. So, you know, the distinction was -- was not made to me in that way that this was funding something that was not already here, as you have other trails. So, that's how it was couched to me and that's why I decided to include that in here as to encourage -- or extend trail -- additional trails in the community. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: And the reason that question also comes up is further up when there is reference to pathway and trails as a subcategory and pathway connections is not being growth related. I'm just trying to get -- Meridian City Council February 4, 2014 Page 37 of 72 Orens: No. No. Those were existing connections that are absent from current trail segments as was described to me in areas that are older in the community and Steve may be able to describe where and how a little better than I can. Borton: Okay. Thank you. De Weerd: First, are there any further questions for Adam? Okay. Thank you, Adam. Orens: Yeah. Siddoway: Madam Mayor, Members of the Council, so the -- the pathways are not in there because there are already development zoning ordinances and such that require development of pathways. As Mr. Turnbull mentioned in his testimony, you know, they are required to build pathways, but there is no impact fee offset. That's because we are not collecting any impact fees for pathways. If we started collecting impact fees for pathways there would -- there would need to be, but we are not collecting impact fees for pathways. Now, the Rail with Trail is a specific exception to that, because it's considered more of a regional pathway connection and along the rail is different than the ones that are built by development as it goes along these canals. So, that's the reason that the Rail with Trail is in, but the individual developer built pathways are not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, though, any pathway we put in is paid for by impact fees; right? Siddoway: No. We can't -- unless -- Bird: We cannot use -- Siddoway: Unless we are collecting impact fees for pathways. Bird: Okay. Siddoway: They are General Fund items. Bird: Okay. Thank you. Siddoway: Yeah. Any other questions forme? De Weerd: Thank you. Siddoway: Thank you. Meridian City Council February 4, 2014 Page 38 of 72 De Weerd: So, Council, I guess tonight you have had an opportunity to hear from the committee, from our consultant and from some of our stakeholders. Several questions have been raised in terms of -- I think our development community has supported the notion that -- that growth does need to pay for itself, but I think there have been a couple of equity questions on the impact of development, whether it's the industrial -- industrial versus retail, which we know there is a heavier impact on the retail side. Whether it's apartments versus single family homes. And so there are some fundamental questions. In the past we have dealt with the apartments versus the multi- family versus the single family differently. This Council has -- has chosen not to always accept the full impact fee that is eligible and -- and other times we have. So, I guess those are some of the things that you get to ponder tonight. I think I will open it up for discussion. If you need further information, if you want to continue this, if you just open it up for some discussion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would make a comment. I certainly have made it clear before and again tonight how much I am in favor of impact fees. Certainly as a concept. Along with that I understand we don't want to make our fees so high that we stop growth or that it -- or we drive it somewhere else and I do feel it is perfectly reasonable to discuss not making a full recovery with our impact fees. I know our CIPs are well thought out and the timing of them is well thought out as well. But as many in the private sector and people in general are having to do, it may still be time to say, okay, we need to delay a few capital things and that would encourage me to say we don't need quite full recovery, that I would consider impact fees just a little short of what is being recommended. I wouldn't go below what we are already at, but somewhere in between I think is fair, because as has been pointed out, we haven't reached full recovery yet and our growth rate isn't quite what the CIPs intended or anticipated I mean and if it were possible to put a few projects off, I would think that we could not go for the full impact fee that we are looking for, as much as I am in favor of impact fees, I also am sensitive to saying perhaps a hundred percent isn't needed right now. De Weerd: Stacy, I have a question regarding -- at this point the Council hasn't had a discussion about the CIP and the CIP is the tool we are using to calculate the impact fee eligibility or amount. So, what is supposed to come first? Is this the chicken and an egg thing, but -- Kilchenmann: Well, I think almost everything on here is on our city CIP. If you -- if you look at the ten year CIP that we have been working with, it's pretty much all on here, because a lot of these things aren't impact fee eligible. So, I -- you know, maybe Ideally we -- because we have a new Council we would start with the capital improvement plan, but it's not necessarily going to be the same as this one, the city one, because that one is tied -- you know, we work more on the first five years and, then, there might be things from the city plan that aren't going to be in the impact fee plan. So, I guess it is like a Meridian City Council February 4, 2014 Page 39 of 72 chicken and an egg question. It's -- so, we started this in September and it's a very slow process. We are almost at the point it would be nice if we'd just pick a fee, any fee, you know -- so we can -- De Weerd: Wow, that just came from our CFO. Kilchenmann: I'm worn down. But -- and I do want to say Adam didn't come up with these items, in all fairness, so he's really not the evil consultant. This -- this comes from our -- our staff and they -- you know, we have been through this a lot, the items on here, and they are the best people that can answer the questions. A lot of what Adam does is mechanical, you know, he researches the population and so forth and does all sorts of things. So, he's really not evil. De Weerd: Well -- and, Council, I guess I do know tomorrow we will have a conversation at the State of the City about response times and what -- what is coming up. We need to have a community discussion and a discussion here with the City Council on expected levels of service. What we were able to fund five years ago does cost different today. You know, I'm building a home and the cost today is a lot different from when I built a home ten years ago. It's more. So, I know with the expansion of our city you need to have your police accessible in different areas, what you have never seen in a capital improvement plan with a police substation or a little office and that's about all it is -- has not been on a previous capital improvement plan. We are looking at levels of service and an enormous amount of plats coming in our pipeline for south Meridian and north Meridian. Those are two areas that are going to explode and right now I sat in a meeting with the city of Kuna and had their fire department -- that's their rural department say Meridian is going to have to serve our new growth. That's offensive, because they can't fund it and because it's the first to respond. So, there are some difficult discussions that are going to be had. Right now our response time from our fire department is pretty flat. It's slightly improved at five percent, but our police department increased their response time -- that's not adecrease -- for priority three calls by one minute. We went from over three minutes to over four minutes. Now a lot of that, because we do have data to look at what is going on and we also have common sense. There is a lot of construction, especially out on Eagle Road where most of our response is. But there is a cost of service and this Council is going to have to decide what that level of service needs to be and that will have an impact and what this capital improvement plan is and what -- what we are willing to pass on to think that we are augmenting new growth. So, I would welcome our new members to Council in being part of these fun discussions. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, first of all, I'd like to say that I -- I mean I love living in Meridian. That's why I live here. And I don't want the level of our service to decrease. So, you know, this is -- I see where this is a very touchy subject. I also have been -- I owned homes Meridian City Council February 4, 2014 Page 40 of 72 and I have owned a business and, you know, it is painful paying these fees, but I do have a question. This is a ten year -- is this a ten year plan? Right? That's kind of what we are looking at? Do these all have to come at once? De Weerd: It comes with new growth. It comes with each permit. Milam: Right. So, I guess my question would be is it -- does the increase have to be all at one time or could it be an annual percentage? So, we have a nine percent increase because that -- and because we are looking at numbers that are based on ten years down the road and some of these expenses. Could the fees also just kind of graduate up? Kilchenmann: Madam Mayor -- De Weerd: Stacy. Kilchenmann: -- Council, yes, you can -- you can -- you can do that. You could have zero fees, you could -- you could phase it in, any combination thereof. As long as you don't increase it over this. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And this is more for clarification for my end. So, this plan was initially adopted in 2006 and was supposed to go through 2016. I guess my question is why are we having this discussion now, as opposed to maybe a year from how? I recognize 2016 is right around the corner, but if you could provide me some insight as to why we are discussing this now, as opposed to down the road. Kilchenmann: You actually -- Councilman, they actually advise that you update your plan every five to six years, because things change and so we -- some of these things are in the old one and weren't done, but we are getting out, now we are looking at 2026. So, I'm -- Adam might be able to clarify that, why we don't wait until 2016, except that it's taken so long that it would be 2020. Or Rita might know why we -- you know, just because levels of service change. Like with parks the level of service went down, so if we kept charging that -- and the reason wasn't because of the cost of land, it's because of the donation of Kleiner. So, that brought us -- we are still using 2006 level of services, but we had Kleiner that brought our acres per thousand up and that's what made their fee go down. De Weerd: Thank you for clarifying that our level of service really didn't go down. Kilchenmann: Yeah. We didn't change the level of service, we were just trying to keep it the same. Meridian City Council February 4, 2014 Page 41 of 72 Cavener: All right. Kilchenmann: Is that -- do you want Adam to address why -- Cavener: No. I think you did a fine job of clarifying as to -- De Weerd: But I think someone also equated to it as you have to have a reasonable impact fee, because if you do drive development -- growth is happening and it either happens in our city or it happens all around our city and we deal with it anyway. So, without the impact fee or the tax base to pay for the service that we are responding with. So, that is why I think this Council has traditionally not looked at an entire fee in every area. There has been differences, but I -- I do think that some legitimate discussion was brought up today in terms of where is the impact is and should there be a difference. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: In reflecting back, previous councils have -- have seen these kinds of things -- not necessarily these kinds of increases, but they have taken the typical Meridian approach, if we are going to do it, let's do it incrementally, don't do it all at once. I cannot support doing the one hundred percent for impact fee of the increases they are talking about here and we couldn't do that in 2006. It was done incrementally as -- as things progressed and, of course, that was the period of time when everybody thought the sky was the limit and we were just going to continue on and the bottom fell out. I appreciate the comments from the folks this evening. Meridian is bless in some regard with the amount of things that are going on and the amount of investment that's occurring in our city, as opposed to other cities and Ada County and Canyon county as well. Or throughout the state. I have supported impact fees from the first time we started talking about them way too many years ago to remember when it was -- for parks and recreation. And I agree with what David said, that Meridian, if you look at it as a community, is pretty shinny and new and I think that's because of not only the development, but the use of impact fees in a wise manner to provide quality equipment for our public safety people, provide quality parks and recreation. Keith and I both go back to the time when we had 16 acres in the city for a park. That was it. And the swimming pool was purchased by another entity. So, we have gone a long ways and I want to be able to continue to do that and I don't want to necessarily push people out, because we have some of these fees that we are looking at. So, I -- I will take the sage advice that if we do anything we do it in small increments. It was nice to see -- and I agree with Stacy, we were blessed with the Kleiner Park in order to way exceed what our four acres -- two acres per person goal was and can reduce that fee. But we are not necessarily meeting our original goals for police and fire response and we need to take a look at how we can do that. We can do that in advance or we can try to play catch up and I personally am not excited about trying to catch up and get behind from the progress we have made in this city. Some things that have come out tonight make Meridian City Council February 4, 2014 Page 42 of 72 me think that there probably are some finer points that we can put on some of these things. Do we want to do that? I don't know, but I think we ought to look at it. Particularly the piece I brought up and to me an industrial warehouse there ought to be a cap on what the impact fee ought to be, as opposed to, you know, a never ending amount. And there probably ought to be some impact fees associated with the kind of use that happened in some of those big box -- a box store that's all commercial retail probably ought to have a higher impact fee and we are not only worried about personal property, but we are primarily concerned about people. So, I could see a difference there. So, I think my recommendation in some of these things that have been brought up is to put a finer point on them and see if they can relatively easily be split and a different factor applied to them, with the potential idea of caps. That might be another approach to the parks and recreation issue with respect to high density living and -- and park fees. I don't know. I just -- I'm just rattling at this point. But that's a possibility. Bird: Madam Mayor? Rountree: I don't -- I don't disagree with the study. I think the study is basically what we have seen in the past. It's a great job. It's a crystal ball. The capital improvements plans are a bit of a crystal ball determining what the city needs in 20 years or ten years, but based on my past experience the staff has done an outstanding job of trying to identify what we need in this city in order to meet our goals and what our citizens are telling us that our goal is to have a safe and quality environment to live, work and play. So. that's where I am. Kilchenmann: Madam Mayor? When you start like doing industrial versus retail, like we have talked about, single family, multi-family, part of this fee is based on projections in the future, so we have projected how many commercial square feet they will be. So, this is a question for Ted or Adam, because I don't know how to do this. If you -- like say industrial versus retail, if we need to go and -- and this is the thing that Adam really helped us with, is go dig out what's the projection for retail in Meridian, what's the projection for industrial, and we have used up Adam's budget, so I thought I would just add that. But maybe Adam or Ted can answer that. I'm not sure exactly what we would go through to -- to do that. De Weerd: See, you didn't even look back at Ted to see who was going to fill that. You knew. Orens: I do a lot of these studies. I mean I would be happy to answer any of your questions. De Weerd: Thank you, Adam. Orens: I think the question here is on simplicity, complexity, and accuracy. You know, we have recommended a fairly simple system here. Can I make this more complex? Absolutely. Can I make it more accurate? I don't know. You know, when you make -- the choice is do we make a couple of larger assumptions or do make a lot of small Meridian City Council February 4, 2014 Page 43 of 72 assumptions on this? Is retail going to grow faster than industrial, than other types of office in here -- those are things we are going to have to make. I have already made some of them in this, but I did not use those finer distinctions in stratifying the fees more than I have. If -- you know, the community feels that, you know, by making more cuts in this by saying, okay, if we charge a different fee for this land use versus this land use versus this land use, that this is a fairer system, then, I can make those apportionments and assumptions and calls to do that and present them in a transparent manner and maybe you will feel more comfortable about it. Maybe you won't, though. Because I don't know if that complexity equals accuracy. In this we have decided -- the decision was made that, you know, I don't feel that that really -- making an extra assumption on, well, is multi-family going to grow faster than single family, so we are going to have differential fees between the two and that will affect the fee amounts, you know, we have decided not to make those assumptions, because we didn't feel that it makes this a more accurate system. In the statutes we have the -- the two standards that you have to adhere to -- and this will be some legalese -- a rational nexus and rough proportionality. There are in two Supreme Court decisions and I feel that we have done that in this system is satisfied those conditions for the fees. You know, can we make this more complex? Yes. Can I estimate persons per household in different types of housing types and assign different fees for them? Yes, I can do that for you if you would like. So, you know, those -- I think the questions are about equity and, you know, if we have designed an equitable system here. We have backed off and said, you know what, I think a level playing field and having people pay the same amount of fees is -- is a fair and equitable system here. You know, we are using inexact proxies and there are going to be winners and losers to any system you design here. People will pay more or less and people will complain about how much they pay, no matter what kind of system you design. So, with that in mind these were the fees and these were the stratifications that we made in the system. De Weerd: Thank you, Adam. Stacy, what has been the discussion at the impact fee committee? Have you had the discussion on the flat fee versus the -- having different categories or classifications or tiers or whatever it is? Kilchenmann: Madam Mayor -- and, again, Ted -- Ted has been very very helpful in this, even though he's hiding in the corner. He's really the smart guy on the thing, not me, but we did discuss this. Mr. Seal came and presented his case about apartment versus -- or single family versus multi-family and the impact fee advisory committee didn't choose to change -- to try to stratify the fee. So, Ted, do you want to -- De Weerd: She was going to get you up here. Baird: Madam Mayor, Members of the Council, Ted Baird, Deputy City Attorney. I was looking for an opportunity to stretch my legs, so it's good to be up here. I can add to what Stacy said and that the committee gave their recommendation after reviewing the report asking many of the same questions that you have asked tonight. Their recommendation is the full recovery fee is fully supported. They know full well when it gets to you that you may, indeed, make some of those equity decisions and I think what Meridian City Council February 4, 2014 Page 44 of 72 we are looking for is for you to pick a peak in that ordinance -- in fact, your options are you can continue the hearing, you can have more discussion in the second and third readings and maybe get towards those differential fees that you're comfortable with. You don't need to send this back to the committee at this time if you're comfortable making those adjustments, as long as they are less than the full recovery amounts that are in the study. You can pick a fee for this year and give an assignment to the development impact fee committee to look at some of these differentials and caps that you're talking about and come back with further recommendations for next year. This study that we have just completed and the budget's been sent for, is good for four or five years. So, that can be the max and you can -- you can seek recommendations on how to implement incrementally like you -- you have talked about tonight. So, those are my comments based on what I have heard. If you have any other questions for me I'd stand for those at this time. De Weerd: Thank you, Ted. Any questions for Ted? Bird: I have none. Baird: Okay. Thank you. Kilchenmann: Madam Mayor? De Weerd: Stacy. Kilchenmann: I was thinking like Ted did, I mean if you're not comfortable adopting this full fee, you pick a percentage to adopt and, then, we can go through, if you so desire, and further budget money to dig deeper into the industrial versus retail kind of questions. I sense you're not comfortable adopting this full fee, but what we did last time when we went through this -- I mean we are in a period of growth and we put off adopting the fee and when we do that we miss growth -- we miss those growth spurts, that just puts us behind the eight ball again. You can draw straws. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Stacy, in 2006 -- and, I'm sorry, I don't remember, but what was the percentage of the recommended fee increase that was actually implemented? Kilchenmann: I will let Rita answer that. Cunningham: Councilman Rountree, I don't actually have a percentage. It was 1,138 dollars you adopted out of the park allowable fee and you adopted the full fire and the full police. So, it was 1,600 dollars for the fee and now we are at 1,846. My math whiz can give you a percent. Meridian City Council February 4, 2014 Page 45 of 72 Rountree: That was in 2006? Cunningham: 2006. Yes. Rountree: Okay. Cunningham: And, then, the full fee was adopted in 2008. Rountree: Okay. Cunningham: Councilman Rountree, we just calculated that and it was 15 percent. Rountree: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Rita, that 15 percent was what we adopted in '06 and, then, adopted what percent in '08? Cunningham: Well, what you actually did was adopted 85 percent of the fee in '06 and, then, you adopted the additional 15 percent in '08. Bird: That's what I thought. Yeah. Cunningham: So, you brought it up -- Bird: Yeah. We brought it up. And we went 85 percent in '06. Cunningham: Yes. Bird: Because we thought we were still in hog heaven and -- and we added the 15 in 2008. De Weerd: No. Because you were. I remember that conversation specifically. Rountree: You do? De Weerd: You bet. Bird: Well, you got a better memory than me. Of course you're a lot younger. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 4, 2014 Page 46 of 72 Bird: I -- I agree with everything that Councilman Rountree stated before and like to add a little more. I can't adopt the fees as they brought forward. I don't think to get service you throw money at it. I think we maintain our service by our good employees and our good directors and our good leadership. So, I just -- and I -- I think we have to -- I think Councilman Rountree brought up a great point between big box stores that are retail and big industrial warehouses. You definitely would be more apt to use fire and police at the retail big box stores than you would at a -- at an industrial warehouse. I still can't believe that we -- we can't have different fees for multi-family and single family in our parks and I -- until we work that out Ijust -- I just don't think it's fair. I think we are -- I think we are running off development in our multi-family by doing it, to be truthful with you. Rountree: Madam Mayor, based on Ted's -- De Weerd: I'm sorry, Mr. Rountree. Rountree: I know you had to get that squared away. Madam Mayor, I think it's probably inevitable that we will see some increase in these, but for purposes of moving this along and not get too crazy with increases and not necessarily approach what's been recommended by the report, but primarily so it's easier to do math, I'm going to suggest that for purposes of the ordinance as we move the ordinance to the first reading and with the intent that particularly the fire and police fees will be subject to further scrutiny, suggest that the police fees be raised to 90 dollars for the residents, remain the same for the nonresidential, fire be increased to 400 and nonresidential stay the same and the Parks and Recreation fees be 1,110. Nothing magic about those. I just do the math a lot quicker that way. Bird: That's about the same as I have, but -- Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Rountree, I could go along with this, but I -- I can't go along with parks without we have a different rate for multi-family. Kilchenmann: Madam Mayor, this -- Ted, are you paying attention? Okay. I think you can adopt that fee as a total and, then, we will have to go back and redistribute it between the two. That one's a little easier to do, I think, than the industrial versus retail. Is that correct, Ted? So, if we adopt whatever the 1,110 as the fee, then, we will have to go back and try to figure out how much is going to go to an apartment and how much is going to go to a residence based on people putting in it and Adam has dug out some of those numbers for Meridian. Ted, is that correct? Can I do that or do we have to figure it out before they can put it in the ordinance? Baird: Madam Mayor, Members of the Council, if I understand Stacy's question, as long as the fees that you adopt, whether they -- if you direct a differential between multi- Meridian City Council February 4, 2014 Page 47 of 72 family and single family, you can adopt something less than the full recovery amount for multi-family, but you cannot raise the single family above what the maximum is, with the understanding that that reduction is going to need to be made up somewhere, most likely from General Fund. I should also point out that in the 2006 revisions this nondistinction between single family and multi-family was instituted and you went through a period of growth with the apartments coming in and it wasn't until just the end of 2013 that the question came up. So, you have got quite a track record of that nondistinction being acceptable to the development community. However, do knowledge that you want to encourage more multi-family for the community, you want to encourage nice amenities, so we understand your desire possibly to set that less, but you can -- you can make it a percentage based on any factor that you want, as long as it's less than the maximum allowable amount. Now, Stacy, was that answering the question that you posed? Kilchenmann: I think so. De Weerd: Well, I just want the record to note that Mr. Bird desires more multi-family and I do think that our -- our planning staff needs to take note of that. Just saying. Bird: Don't leave, Ted. Madam Mayor? Now you made me forget what I was going to ask Ted. Go and sit down. Rountree: He takes direction well. De Weerd: Mr. Borton. Borton: I got a question. It may be a Ted question, so he gets halfway back. De Weerd: He wanted to stretch his legs. Borton: We will see where this goes. If -- if it's the intent to send this back for a brief period of time to try and articulate a couple of the caps or different levels of multi-family and single family, things of that nature, and bring it that back with those articulated for the Council to consider, is there a difference between tabling this today for a week or two or whatever that takes versus approving it today knowing that we are really kind of setting an artificial cap that will go down in the future -- the two go around, but to the same spot. Kilchenmann: I will answer that, too, along with Ted. Baird: Madam Mayor, Members of the Council, Council Member Borton, one of your options is, indeed, to table the ordinance here after the first reading and send the matter back to the impact fee committee with direction to bring you those differentials based on the existing study. I wouldn't encourage any further study. We have done great work scrubbing those CIPs and getting them down to what's acceptable, but if you wanted them to take that maximum and ratchet it back and differentiate it and investigate caps Meridian City Council February 4, 2014 Page 48 of 72 and bring you some specific recommendations rather just grabbing something out of the air like may have been suggested, that's certainly one of your options, so -- Kilchenmann: Madam Mayor, in my view -- well, it's not going to be two weeks. I mean to do this is going to be months, because first we have to define -- because, again, we have got to do those estimates, so we -- we have to figure out somehow how much retail are we going to have in the next ten years, how much industrial -- the apartment one is a little easier, because we still have to do the projections, but we -- it's an easier number to find, but we still have to figure out how many multi-family units are going be built and how many single family and, you know, we are going to have to have somebody that can do that research. It's not going to -- you know, it's not going to be two weeks. And, then, if we try to -- which we don't have to get the impact fee committee together, right? I don't know if we have to have them to consider it. That's -- that's alengthy process. So, it's going to be a matter of months. That's why I suggested that -- if we are going to drop -- because if we are going to drop the fee now with what Councilman Rountree recommended, I would suggest that before we get into that -- all that detail we do that a year from now, since the fee is going to drop. Baird: Madam Mayor? Sorry, I didn't mean to interrupt De Weerd: Yes, Ted. Bird: Perhaps staff could take direction tonight and come back with some specific recommendations on the second reading that would help you to determine whether to take staff's recommendations or, indeed, to send it back the committee. You don't have to make that decision tonight, but I would agree with Stacy it's not a two week process, we would have to convene the committee and come up with some -- some factors to make those distinctions on. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have -- my question is more -- pertains to those who are protesting this increase and my question to you is how do you feel about the current fees as they stand, like total per household? De Weerd: Well, think it's not only a total per household, but there is the commercial and industrial -- the square footage as well. Milam: Okay. De Weerd: So, do you have a specific question, then, for anyone in the audience? I think they have kind of already told you what they thought of it. Meridian City Council February 4, 2014 Page 49 of 72 Milam: Well, they told me what they thought of the increase, but they didn't say how they felt about the current situation and how -- well, other than the fact than separating the apartments from single family residents -- you know, how fees are pretty reasonable compared to Boise -- and I'm not breaking it down -- the total -- the total fee, which is now 1,846 dollars, that fee -- if we kept the fee the same, didn't increase it at all and, then, took the decrease off of parks and rec and reallocated that to police and fire, the difference, they are not experiencing an increase and we are not sort selling our departments short. Just my thoughts. De Weerd: Did anyone want to volunteer to answer -- Mr. Turnbull. I'm not sure really what the question is, but -- Turnbull: Madam Mayor, we are not here protesting the existing fees. You know, the lower the fees the better in my estimation. Will say this: Impact fees are a two edged sword. They cut both ways. We realize that we need to have adequate police and fire service and parks, so this has always been a bit of a negotiation with the stakeholders and we think -- and I meant to compliment the city in my original testimony. I think the city has done a really nice job managing its General Fund. A lot of the things that you see funded here around the city come out of the General Fund and you have been a pay as you go kind of city and you have done a very very nice job of building out the infrastructure in this city. So, you know, in answer to your question we are not here to ask you to go back to zero. I think that that -- if you want to discuss that I will be happy to meet with you anytime. But we are here to try to help hold the line on increased costs in a time when it's been really difficult for the building industry in general. So, I hope that answers your question. Milam: Thank you. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. I like Councilwoman Milam's suggestion. If I understood it correctly, the parks impact fees are being -- this is just talking about residential -- are being reduced 271 dollars. If we took that 271 and added 90 of it to the police and 181 to the fire on the residential section, we would be making some difference there without changing what the payers pay. Is that -- Milam: Exactly. Zaremba: -- essentially what you were saying? Milam: Yes. Zaremba: I put some numbers on it -- Milam: Thank you. Yes. Not exact numbers, but proportionately just reallocate the funds to the fire and police and -- Meridian City Council February 4, 2014 Page 50 of 72 Zaremba: Yeah. That's an attractive idea to me. Milam: And does that work for -- you know, for the builders and the people that are bringing the new homes and -- I think that sounds fair. De Weerd: So, Council, I almost hesitate to ask, but there is a nonresidential per square foot that's not been discussed. I think that you need to give us direction on that as well. Borton: Madam Mayor? I will speak to a little bit broader than that, because I cannot answer that question either. In light of Mr. Turnbull's protest -- here is what I think from this discussion -- what I'm taking from it. I have lost the sense of the rational nexus and the rough proportionality. I think now we are -- it sounds like we are moving into a -- kind of a nebulous horse trading and it implies that we are losing the awareness that this is, in fact, atax -- which serves a purpose, but I -- my perspective apply the -- make changes to it with great caution. So, these type of calculations to me seem to be a worse route than delaying it, even if it takes several months to try and get the questions of Council answered. That might give people greater comfort as to whether or not a cap on industrial is more fair or residential and multi-family is more fair. That brings us back to the balance of what the impact fee was intended for and I can feel more comfortable applying it to those that we charge and be able to articulate why we do so. So, that's where I'm leaning. If we are going to go any further to juggle numbers back and forth, my position is let's give staff a clear list of those types of components we want articulated back for us, not redo the study by any stretch. But to answer those questions to give Council comfort to make a final decision based on actual data. De Weerd: Thank you. You said that so much better than I could have. I do think that if the public asks whether it's -- those that will be incurring these fees or the citizens that are saying you're making up a gap with our taxpayer dollars, we need to have a nexus as to why you made the decision that you made and I guess asking staff and the impact fee committee to come back with a recommendation on how to -- to look at that, but I think they will want some direction. If you're looking at keeping things that you don't want to increase what is being charged at this point more and give them a cap to come back and see how they can bring back a recommendation that does have a nexus and has relevancy to the study and the fees that are being collected, that gives them the direction to, then, bring something back to you that makes sense. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If in -- to further that process we all -- if we share the list at least what we heard exchanged, the unanswered question, the two that we were the -- what I heard the most that I wrote down were articulating the difference and the distinction between the single family and the multi-family and the other one, which I thought it was a great comment by Meridian City Council February 4, 2014 Page 51 of 72 Councilman Rountree, I have no sense of how to articulate the calculation is capturing some type of cap on a police impact fee as relates to industrial. I don't know if you mean industrial and commercial, but at least industrial of a certain square footage, you know, try and recognize those seem to make common sense. I don't know where you draw the line or how we give staff clearer direction on that. Those are the two that I noted. Bird: Madam Mayor? De Weerd: Well, I think it's safe to just give that to staff and say go forth and bring us back something. Mr. Bird. Bird: I have got -- I have got something on the lines of Councilman Rountree had. I think for the police fees we go residential 90, stay with the square foot of six. Fire 425 square foot. Park 1,113 for single, 775 for multi-family. De Weerd: Based on -- I'm just sending the calls to you. Bird: This is just something I was throwing out -- De Weerd: Okay. Bird: -- for the staff to look at. De Weerd: For -- for the impact fee to execute on. Kilchenmann: Madam Mayor? De Weerd: And you can't withdraw your names from the impact fee committee. Kilchenmann: I just did. Madam Mayor, if you want to lower the fee not just by saying we don't want to increase it X percent, you have to take things out of the capital improvement plan. So, that -- that's something that you can -- I don't feel like I can do that. I don't know if you want to direct those functions to take things out of the capital improvement plan. If you're going to say these things that we have in here are going to go -- switch to the General Fund. If that's something you want to do or if you want to wait until we have our impact fee discussion in March to get that. Rountree: Madam Mayor? That brings up a question and I have been trying to figure out what it is. But we have seen the capital improvement plan. We have approved the capital improvement plan. That was the -- apparently that wasn't financially constrained, because we have not had these numbers. So, how could we have approved a capital improvements plan and now we have to increase the impact fees in order to accommodate that? Kilchenmann: Yeah. The ten year plan was -- was never funded. It was a -- it -- yeah. Meridian City Council February 4, 2014 Page 52 of 72 Rountree: Okay. All right. De Weerd: The five year was. Rountree: Five year was. Bird: Five year was. Rountree: Okay. Kilchenmann: And it all -- you know, if it -- if we don't have growth we won't build a fire station in X years, so it just all pushes out. So, that would be -- besides these other factors the other piece of information would be what -- how do we take things out? What methodology do you want to use. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Stacy, is it a matter of taking items out or just recharacterizing them as not growth related and changing the percentage? Kilchenmann: I will have to ask Adam. I think we have tried to take population estimates and determine what's growth related. I think changing -- just changing the percentage would throw off the whole functionality of the -- he's going to answer it. De Weerd: I think the --the solution is you just choose to fund more out of your General Fund. Bird: Yeah. Kilchenmann: Yeah. De Weerd: Yes. Zaremba: Well, Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The other option in looking at the CIP is decide our growth rate has not justified doing everything on the CIP right now. The CIP was based on the -- the five year and the ten years plan are based on a certain growth rate, which we haven't had. I do not see -- in my memory of the CIP I don't see items that I would cross off and say we are never going to do them, but I would like an investigation of do we need to do it Meridian City Council February 4, 2014 Page 53 of 72 on that timeline. Can they slip a little bit and maybe we do it in the sixth year instead of the fourth year and does that save us some impact fee. Kilchenmann: Madam Mayor. It doesn't, because this is a ten year. So, basically, what you would need to do is either say we are not going to do it in ten years or we are not going to do it period. We could say we are not -- and I'm looking at -- De Weerd: Well -- and you will see that because we didn't have the growth that we expected and didn't collect the growth impact fees that we expected, projects have been pushed out and so it just continues to move -- to move them back and that has been how it's been operating. But we can say in doing our analysis is the General Fund can't absorb the cost. So, the only way to absorb it or to -- to fill that gap is to delay -- to defer or never do, so -- Bird: What do you want, Tam? De Weerd: So, I think that the direction from Council has been to send it back to staff and to the committee and with the goal to bring it back without a raise to the current fee and perhaps lower -- I don't know. I'm not quite sure we have this clear direction to the -- the nonresidential per square foot, unless, you know, if Council wants to just say we want to keep that at today's level. The other aspect to discuss is going to be the multi- family versus single resident and the industrial versus the retail. Kilchenmann: I still -- De Weerd: You can't say no, so Kilchenmann: The goal is to keep the fee from going up? Is that what De Weerd: I do know that was what I heard with the residential. I don't have abetter -- Idon't have a good sense on the nonresidential at this point. I -- Kilchenmann: But in total. So, what we are looking at in total, so that we know how much we are moving to the General Fund. The goal is to keep the -- the whole fee now, the fee for the three of them, not to increase. De Weerd: It sounded like to keep parks whole and to see reduction of the -- the 271 to distribute between the police and fire, but it needs to be -- it needs to have some kind of a nexus as to what the recommendation comes back as. I don't know. I'm trying to make sense of all of it myself, just to give you direction and I -- it would be just easier for me to say you heard what they said, go do it. Kilchenmann: Okay. De Weerd: Thank you. Meridian City Council February 4, 2014 Page 54 of 72 Zaremba: Madam Mayor? De Weerd: And our directors have heard that, too, so -- Mr. Zaremba. Zaremba: Not to confuse things, but I'm not sure we all said the same thing. I'm -- I'm not opposed to a justified slight increase. I am opposed to a hundred percent of the increase that's been proposed, but if it's justified to have a slight increase that could be explained to me. De Weerd: We just need to have something explained to us why we are making the decision that we are asking them to make. I guess different from what decision you're asking them to make today. Okay. Any further clarification from Council? Rather than me speaking on your behalf? Rountree: I could try, but I think it would get more confusing. De Weerd: We will keep this public hearing open. I would ask Council -- or maybe I will ask staff. What is a reasonable time frame that you feel comfortable having this back on a City Council agenda? Kilchenmann: Madam Mayor, I would say two to three months. De Weerd: Is that answer as arbitrary as some of the discussion up here? Kilchenmann: Yeah. I'm not sure right now what exactly this would entail. De Weerd: Can we just delay it for two weeks to bring back better plans on a what time frame should be? Nary: Madam Mayor, Members of the Council? De Weerd: Mr. Nary. Nary: Sorry. Madam Mayor, Members of the Council, if you want -- I mean it sounds -- rather than bring -- trying to guess -- we can just renotice this for when we are ready to bring it back for your consideration, rather than set it off for two weeks and, then, we tell you it's two months and, then, we just try to -- I think it would be wise to simply vacate tonight the reading and, then, you have given direction to staff on what you're seeking and, then, when they are ready to bring that back they will bring it back and we can just renotice the ordinance at that time. De Weerd: Okay. Well, whatever you decide I would like a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 4, 2014 Page 55 of 72 Bird: Stacy, is your -- is the audit done? Kilchenmann: Yes. Bird: Okay. Kilchenmann: Now we are doing the budget. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue this public hearing to the 4th of March 2014. That gives the staff three weeks. De Weerd: Okay. I have a motion to continue this until March 4th. Milam: Second. De Weerd: Okay. All those in favor of continuing this item until March 4th say -- yes Borton: I didn't -- is there any additional discussion on the motion as to what they are specifically bringing back? De Weerd: You should -- we would like to have that clarification, but it's not generally part of a motion like this, but we can have that conversation after the vote. So, the motion is to continue this item until March 4th. All those in favor say aye. Any opposed? Okay. All ayes. MOTION CARRIED: ALL AYES De Weerd: Okay. So, Council, if you have any specifics you would like give the staff I'm sure they would be very grateful. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I apologize, didn't know if it was articulated earlier. I -- the one comment you made, which make senses to me, that could be part of these calculations is an application of the reduction for parks, the 271, into the police and fire and as part of that process splitting out, if possible, as to the police and fire. The residential into the multi- family, single family to drilling down into a little more detail. And the nonresidential into an industrial and nonindustrial and, then, in going through that -- those mechanics, if Meridian City Council February 4, 2014 Page 56 of 72 there is some recommendations as to an industrial fee specific to police and a recognized cap on any square footage. Kilchenmann: Okay. Borton: If that helps. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would we, then, want an analysis of whatever those numbers produce? How does that affect the CIP? Or is that too much to ask? Rountree: Madam Mayor. I think probably as opposed to analysis is what's the difference. De Weerd: That certainly would be easier. Rountree: Yeah. Simply a difference. De Weerd: Any other clarifying points? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To include in that the figure that by making such a reduction or not making that increase we are effectively committing to fund certain items out of the General Fund. Kilchenmann: Yes, that will -- Borton: A bigger number than we all realize. Kilchenmann: Yeah. It will -- it will fall out naturally, so that will -- De Weerd: Councilman Rountree, I guess I would ask you, Mr. President, who did you assign as Council liaison to the impact fee committee? Rountree: I don't think there is one. De Weerd: Oh, shoot. Maybe we need one. Rountree: I don't think there has ever been one, but we certainly could. Bird: We are better off without one. Meridian City Council February 4, 2014 Page 57 of 72 De Weerd: Okay. You will see -- Rountree: I could sit with them. I have no problem with that. De Weerd: Okay. I think that would be appreciated. Okay. Thank you for sticking with us on this. Item 10: Department Reports B. Solid Waste Advisory Commission: SWAC Report and Recommendation Regarding Memorandum of Understanding (MOU) between the City of Meridian and Republic Services of Idaho About City Parks' Recycling Revenue De Weerd: I will go ahead and move to Item -- 10-A was moved up. We have already entertained it. 10-B is our Solid Waste Advisory Commission. So, I will ask Mollie and -- yeah. Thank you for sticking with us. Mangerich: Absolutely. Klein: We learned so much. Mangerich We did. De Weerd: Is this a tag team presentation? Mangerich: Yes. Klein: Yes. Mangerich: Again, good evening, Madam Mayor and Member Council Members. I'm Mollie Mangerich and I'm here representing the Solid Waste Advisory Commission. On their behalf the Solid Waste Advisory Commission is asking for approval -- De Weerd: Could we have the conversations out in the corridor. Sorry. Thank you. I just didn't want you have to talk over this. Mangerich: Thank you very much. The SWAC is asking your approval to memorialize via a memorandum of understanding the current verbal working agreement we have with Republic Services, documenting their agreement to donate 80 percent of the revenue generated from the sale of recyclables that are collected at our city parks. Primarily -- or, namely, those are Settlers, Heroes, and Julius Kleiner Park. That money would, then, be directed to the Meridian community recycle fund and this would be consistent -- the flex recommendation is consistent with the agreement that we have with Republic Services on the sale of recyclables generated from our curb-side Meridian City Council February 4, 2014 Page 58 of 72 recycling program. Rachele Klein has been very kind to stay with us this evening. She is with Republic Services and their business development manager and we would both stand for any questions. She is a wonderful resource on the markets of our -- of our recyclables and the trends that has been taking. De Weerd: What is the trend that it's been taking? Klein: Madam Mayor and Council, it has been very negative. We have not seen a net positive revenue event in over 14 months. So, what that translates to in real dollars is about a ten to 12 thousand dollar a month subsidy from Republic Services. So, the way that it was designed originally when markets were strong, the residential recyclables were sold, the city kept 80 percent of the revenue and 20 percent went to pay for the household hazardous waste program, which runs on Mondays at the transfer station. And what nobody really foresaw was that the crash of the recycling market and, then, the surpluses that have since built up, so we have been waiting for that market to turn around. It's been very soft. With Christmas there is a lot of volume, so prices are even lower than usual and with a turnaround hopefully by summer when school is out and bonds stop we will see, hopefully, some positive numbers. But in the meantime we are very committed as a company to continue with both the household hazardous waste program and curb side recycling until markets turn around. So, eventually, we would like to see a big deposit in the community recycling fund. That's why this memo has been --this memorandum of understanding has been pushed off, because there is not a ton of money yet, but it's hopefully coming. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Well, I think that the recycling program in the park system has been a really positive program and, you know, I know the commodity market is not necessarily behaving, but certainly I know there is an appreciation to being able to do the right thing and people like doing that. So, thank you. Mangerich: Madam Mayor, Council Members, our community truly does have a willingness to recycle at our beautiful public parks and to date our date shows that we have captured two and a half tons of aluminum cans and plastic bottles. That's a lot of volume coming out of those parks to make that modest weight. So, we are just at the beginning of this and we are very proud of the partnership that our parks and recreation department has conducted with the Meridian community recycling fund and that they have installed almost 40 stationary recycling containers at these three parks and they are well attended, they service them, they do the operations and maintenance and collection of them to get them to the large area where Rachele's trucks can come and pick them up. De Weerd: Yeah. So -- Mr. Zaremba. Meridian City Council February 4, 2014 Page 59 of 72 Zaremba: Madam Mayor. This is kind of a sideways comment, but I think it was last November I had the opportunity to take a tour of Republic's recycling facility in Seattle and that was an exciting tour. I enjoyed it very much. I understand and look forward to Republic building afacility -- maybe not that big, but, anyhow, a facility here in Meridian. The one thing I would add is it was physically challenging to take the tour. We had to use all the catwalks that the employees use and I know it would be an extra investment, but there really needs to be a viewing platform that's separate from the working area. It would make -- I'm sure it will be very popular for tours, because this one was well attended as well. But I look forward to that facility and your partnership in recycling is wonderful. De Weerd: Well, I was just out at the transfer station this weekend dumping a bunch of drywall and it was just so much fun, you know, being able to throw that stuff where ever, so I didn't have to stack it. So, thank you. Klein: Mayor, just as an aside, I thought you guys might appreciate this. We give tours out there to Boy Scout troops fairly regularly, because there is a unit on trash and recycling and landfill, so they come out to the transfer station and we had two Meridian drivers out there and one of the Boy Scouts asked on the tour if they thought their jobs were patriotic. I thought that was an interesting question and I was just kind of chewing on that and one of our drivers said absolutely and they said -- one of them said, you know, long ago the city here, elected officials, decided to put in a system of waste removal to keep the city clean and it's it our job to fulfill that wish and the next one said being patriotic doesn't mean necessarily being a soldier, it means serving the community beneath your officials and that's what we do every day and (thought -- De Weerd: Oh, wow. Klein: -- you know, there were kind of interesting, heartwarming responses from our drivers. De Weerd: Thank you for sharing that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a couple comments. One, SWAC does a great job of coordinating and vetting all of these things and Republic Service has continued the great community spirit that they -- not necessarily inherited -- saw what SSC brought to the community and they have just stepped right into those shoes and continued to do great things for us. A question on the MOU. Has that been reviewed by legal? Mangerich: Yes. Rountree: Okay. Meridian City Council February 4, 2014 Page 60 of 72 Mangerich: Been drafted and reviewed by legal and SWAC members and brought before our last SWAC meeting. So, we are just seeking your -- our recommendation for you to approve. Rountree: I would move that we approve the memorandum between the City of Meridian and Republic Services and authorize the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the MOU. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And I would like to congratulate you on annual report and certainly to Republic on our partnership. It's been impressive what SWAC has been able to do, keeping an eye on our community partners, our accounting partners, and, you know, really tracking some of the things that have a potential to impact us in a negative way, but also doing so many positive things. So, thank you so much. Klein: Thank you. C. Community Development: Fairview Corridor Management Strategy Update De Weerd: Okay. Item 10-C is under Community Development and I will turn this to Caleb or Brian. Hood: Maybe I will just real quickly, Madam Mayor, one of the benefits of being the division manager you get to delegate projects that maybe aren't the most popular to other staff and Brian drew the short straw on this one. Actually, I inherited Fairview Avenue from Matt Ellsworth back in 2008 and I worked on it for three years and, then, ACHD talked about it for another year and, then, I asked Brian -- I asked him, I did not tell him, but he volunteered somewhat to pick the project up with ACHD and their consultant. So, he has a brief report he's going to give tonight. I do want to thank him on the record for taking up Fairview. Also would ask the Council -- he's not feeling well this evening, so if you would not scream into the microphones or direct any bright lights at him. But I do appreciate Brian and he has a brief presentation, so -- thank you, Madam Mayor. Meridian City Council February 4, 2014 Page 61 of 72 De Weerd: I had the siren with the flashing lights that I was saving for this one. Sorry, Brian. McClure: Madam Mayor, Members of the Council, as Caleb kind of alluded to, I have a brief informational update for you on the Fairview corridor management study as they are calling it now, that used to be the Fairview access management plan. You should all have an invitation to the joint meeting at ACHD that's occurring Thursday at 12:00 p.m. That is Boise city council, ACHD commission, and hopefully you. Before you do go, though, I do have a few things I'd like to point out maybe for you to think about before you go into that meeting. I wanted to touch briefly on the history. Caleb kind of did a little bit. The short of that is that this project has been going on for a long time, it always hit bumps. There has been some issues moving forward. Despite these delays Council has historically been supportive of doing something. They haven't necessarily said what, there was a preferred strategy in the past, but, you know, long term addressing congestion, safety and connectivity and sort of benefits or consequences. ACHD has agreed and they have kept on this despite the -- the hurdles and the delays. Most recently they have got a new consultant on board, DKS. They -- my personal opinion they have been doing a fantastic job coordinating all this. So, far they have -- they have just kind of taken a different approach to this. They have got a steering committee now, which is kind of leading a lot of the charge and they also have a product management team. The steering committee is made up of business owners and stakeholders along Fairview corridor. That's in west Boise and Meridian. So, we do have -- we had two Meridian business owners on Fairview that have been part of that steering committee and, then, the project management team is made up of the consultant staff -- ACHD staff and, then, staff in Boise and Meridian. Me. The steering committee and project management team have not always agreed on everything. There is this a few kind of large things that will probably come out of the woodworks Thursday -- hopefully not too much, but by and large everyone has agreed that something needs to be done. There are very long-term consequences of not doing something and so that's just generally -- generally been the direction out of the whole project is that we need to be doing something and that's kind of the duty that's planned. This is a foot in the door, Councilmen, and I think it's probably the -- some of the interesting things, just as kind of a preview for the discussion on Thursday is it's a phased project and -- a phased study rather. Phase one occurs entirely in Boise in terms of any construction improvements. This is because generally speaking that's the area of the greatest need. There is no design yet, so while the strategy does identify tools, it does not necessarily say what has to be done where. That's going to come out in the design to a large degree, you know, taking site specific considerations into account. That has to have additional public outreach and, then, it has to be approved by ACHD commission before a design can be constructed and the third point here, which is what I really find interesting is there has to be -- it has to be proven. So, after they make construction improvements or time improvements or whatever the improvements are, but they have to study those for a period of three years and they, basically, have to prove that what they are doing is working. If it's not, then, they can make adjustments to it. But that lends itself to being beneficial to Meridian because we have basically learned from Boise and so we will -- not only will we have a better plan, Meridian City Council February 4, 2014 Page 62 of 72 better design, but it allows us time in the interim to continue doing what we have been doing in managing access and trying to reduce conflicts between now and then. Staff is supportive of the plan and the implementation outlined in the plan and, then, the -- the guidelines in there are very transparent and very consistent. With that I would stand for any questions. De Weerd: So, Brian, since there is some kind of a plan here, as new development occurs somewhere like the Eagle corridor and some of the standards that were developed with that as new development occurs, those developments are bringing some of the anticipated improvement. Is that going to be part to this Fairview corridor as well in lighting standards and sidewalks and whatever the treatment is being suggested. McClure: Madam Mayor, I will try to address this. If not, Caleb or, hopefully, Ryan can correct me if I'm wrong. There is not a lighting component to this necessarily. There is -- there is a safety issue and lighting is one of the things that needs to be addressed, but it's not necessarily put street lights on Fairview as part of this plan, if that's what you're asking. In terms of interim improvements with projects, those are supposed to continue happening as they would normally occur. So, if something comes in and ACHD feels it's not safe and they require a median or a reduction of curb cuts, then, that would occur as normal per regular, you know, development standards. The plan really addresses a corridor in terms of miles and so what do we need to do for this whole mile -- for this mile or multiple miles to reduce conflict and reduce congestion and improve safety. It's not site specific at least yet, but all the site specific ones will also occur with the development in Meridian. De Weerd: Okay. So, with this plan there isn't a vision for what it is, it's just reducing conflict? McClure: Madam Mayor, it's definitely a toolbox and so there is a lot of things identified in there. Signal timing. Reflectors on -- on signals. Improved lighting at intersections. Sidewalks. Pull outs. Backage roads. Frontage roads. Medians. I mean there is a whole -- whole toolbox of items in that strategy. They are not necessarily all spelled out there or where they occur in terms of specific sites. But that will happen with the design. De Weerd: You know, I can just equate to -- we were out on -- on Fairview somewhere between -- oh, gosh, what is the name of that street? By Capital Christian. That street. All the way down to Krispy Kreme -- yeah. Hickory. That sidewalk is so dark you don't really want to walk on it. So, I guess when I asked about lighting it's -- are there any -- any lights anticipated other than just on intersections? That is a safety aspect. McClure: I would not disagree with you, but there has been no design so far. Whether or not ACHD or the city chooses to put those in I don't know, but certainly lighting and safety is a consideration and those can be addressed in design. Meridian City Council February 4, 2014 Page 63 of 72 De Weerd: Okay. Council, any questions? Milam: Madam Mayor? De Weerd; Yes, Mrs. Milam. Milam: My question -- what did you -- you said how many business -- Meridian business owners are -- have been part of this study? McClure: There has been two -- Madam Mayor, Councilman -- sorry. Milam: Milam. McClure: Milam. There has been two on the steering committee and so they have been part of the regular meetings. Michael Einstein's Oilery and I forget the other name, but he's the owner of the restaurant over near Burger King north side of Fairview. De Weerd: Ken -- Bird: Ken Marler? McClure: They have also had considerable outreach, though, as well, so -- a considerable outreach and they have had a lot of comments on that as well, including a public meeting. So, while two were on the steering committee, there has been a lot of business owners involved. Milam: Okay. Thank you. De Weerd: And just to back up, I think that ACHD was pretty aggressive in sending out letters, fliers -- I mean they did everything they could to get business engagement and -- with very little results. When they start digging out there you will start getting participation. Any other questions? Hood: Madam Mayor, I think Ryan had -- wants to say something. De Weerd: Oh. Yes, Ryan. Head: Thank you, Madam Mayor. Ryan Head, ACHD, 3775 Adams Street, Garden City. I just wanted to clarify a couple points and I can definitely speak to this as a planner. There is a specific -- within the plan that -- as your staff indicated, there are specific phases. However, within those phases there are specific strategies that are being applied to that section. So, if you think of a phase, think of a section of Fairview and one of those -- included in those in lighting strategies. I will just give you an indication now -- we have been working somewhat with your staff that ACHD is looking at a few grant sources to look at maybe a few pilot projects on how we could implement lighting in a more comprehensive manner. There has been shown some safety Meridian City Council February 4, 2014 Page 64 of 72 benefits, as you mentioned, for the motoring public, which is kind of the funding sources we are looking at to more comprehensive lighting. So, that is something that we are evaluating at this time, which is a recommendation out of this plan. So, I -- and I would agree this has been a -- a great effort working with staff and also getting the businesses involved. There has been a lot of effort to try and bring this very difficult project to a conclusion as you know. Medians are -- which is one strategy that is evaluated in here and is not the most popular subject. So, with that I would take any other questions you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you, Ryan. Okay. Any other questions for Brian? This is in preparation for our Thursday meeting, as I understand it, with Boise, ACHD commission, and the City of Meridian. It isn't a public hearing per se, it's a stakeholder discussion. Okay. Thank you, Brian. I hope you're feeling better. I tried not to speak too loud. D. Parks and Recreation: 2013 Kleiner Park Concession Update De Weerd: Okay. Item 10-D is our Parks Department. I looked up and I saw, oh, I waited until Steve left the room. Moss: Thank you, Madam Mayor, Members of the Council. So, I'm back again this week to discuss our Kleiner Park concession stand and for the benefit of Councilman Zaremba and Councilman Rountree, I will give just a really brief update of what we discussed last week. So, in 2012 when Kleiner Park opened we -- we bid out the concession stand and we -- we got a winning bidder who -- Mr. Grove is here in our audience tonight and he will be the first one to admit that his bid was much too high at that time. We had -- his bid was 30 percent of gross sales at the concession stand. The only other bid that we received was two percent of gross sales. And so there is a wide disparity and as Councilman Bird pointed out last time, there probably should have been a process at that time to negotiate with -- with Mr. Grove to -- to just I guess close the gap in the disparity with the bids and so that didn't happen. We went through the first year, first year did not go very well. A big part of that, if you remember we did have some issues with our splash pad at Kleiner Park. Certainly did not help the -- the attendance at the park throughout that year. And, then, this last -- in the first year they did not do very well. This last year, while the splash pad was open, it was, again, not a great year for concession sales and so what we are proposing is to reach a settlement with -- with our vendor for the 2013 season for the fees that you would pay, as opposed -- instead of the fees that he currently owes us, as well as a different fee moving forward. The proposal that we had brought last week was a proposal where he would pay 20 percent of gross sales after the first hundred dollars per day and so we went back to the -- we went back to the vendor and negotiated more of a flat fee, as opposed to a percentage for this last year and next year and what we would like to propose -- Meridian City Council February 4, 2014 Page 65 of 72 what we would like to propose for this past year and the upcoming year is that the vendor pays 825 dollars per season. That amount would cover the cost that it costs the city to keep that building open, plus an extra couple hundred dollars. You know, this past year was a year that they lost money and so, you know, as I said last time, really any amount that he would have to pay us represents a loss on his part. We have got high hopes for next year, he has high hopes for next year, and so what we would -- what we would like is to move forward with this settlement for 2013 and 2014 and, then, 2014 is his last season under contract after which point we would rebid the Kleiner Park concessions opportunity out. So, that's a brief synopsis. I would stand for any questions. De Weerd: Council, any questions? Rountree: No. Sounds like a plan. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, Istill -- I still have a little bit of a difficult time with the numbers, the 800 and -- I mean I know it covers our expense, but that's based on last year's sales, which weren't very good. That's eight percent. A little under eight percent or so. And that's -- and at Settlers Park they paid 12 percent and so I don't think it's fair to -- to the vendor at Settlers Park that pay 12 percent, when Kleiner Park is only paying eight percent. So, make me believe it, that it's fair. Moss: Well, Madam Mayor, Councilman Milam, that's -- I got it right this time. That's a fair point. You know, I guess the big difference is in the amount of sales. You know, you won't hear the Settlers Park concessionaire complaining about their fee to us anytime soon, because their sales over the summer were, you know, over four times that of what it was at Kleiner this last year. And so it's big process and so, you know, I really have -- I really doubt that -- you know, unless we go to a -- this is the fee to lease out the building and we go to a request for qualifications process, as opposed to a request for proposals, you know, I -- it would just be circumstance if the fees were exactly the same between the two parks and so, you know, if -- if that's what you would like to propose that we -- that we offer to our vender, then, I think that's, you know, a reasonable -- a reasonable offer. But after talking with him over the course of the week I think we felt that, you know, 825 was a fair number. You know, it kind of met in the middle between what we had proposed last week and what you had proposed -- and what you had proposed as 1,200 dollars. We kind of tried to meet in the middle a little bit. Milam: I definitely think that the sales will be better this year. Moss: We hope so. Meridian City Council February 4, 2014 Page 66 of 72 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Colin, I appreciate it that you went back and negotiated a figure I'm comfortable with. I think you have tried to cover the city's cost and we said at the last meeting we want to do what we can to try and promote the pioneer first person to try and operate this and we are learning as go. So, your solution is one that I'm comfortable with. Moss: And I'd also -- the point that I made last week as well is that, you know, our -- the vendor put in approximately 8,000 dollars just in infrastructure building out that concession stand and, you know, just all the equipment that it takes to operation a concessions building and so, you know, that amount of money was, you know, obviously, out of pocket before anything started and, you know, with two losing seasons thus far, you know, I guess my thought is that, you know, if -- even if sales do go really really well this year, you know, I think we would -- we would be really happy for them to -- to have one -- one season that does really well before we open it back up. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The equipment that he put in there, does that stay with the building or is it removable items? Moss: Madam Mayor, Councilman Bird, it belongs to him and so if he were to not get the bid in 2015 that would be his equipment to move out of the building. Bird: Okay. Moss: We bid it out as an empty building and the vendor, then, builds it out. There is -- there is nothing that he did to permanently alter the building to fit his -- to fit his equipment. They have to bring in all their equipment to fit what we currently have. Bird: And, Madam Mayor, follow up? De Weerd: Uh-huh. Bird: And we furnish all the electricity and water and stuff. He pays no fee for that? Moss: That's correct. That would be a part -- that would be a part of his fee that he would pay us as a -- as a percentage of sales or in the future, you know, as we may just go with a flat fee. It seems that may be easier. De Weerd: Anything else from Council? Meridian City Council February 4, 2014 Page 67 of 72 Bird: I have nothing, Mayor. Rountree: I have nothing. Milam: No. De Weerd: Okay. Well -- Borton: Madam Mayor? De Weerd: Mr. Borton. Moss: At this point I don't know that we necessarily need a -- an action item. I was -- I was coming to get Council's direction and if -- if it's agreeable to the Council what I will do is prepare -- prepare a contract amendment with Mr. Grove's signature on it and I will put it back on your Consent Agenda for next week. Rountree: That sounds good to me. Bird: Sounds okay to me. Zaremba: Works for me. De Weerd: Okay. Moss: Okay? Thank you very much. De Weerd: Thank you, Colin. E. Finance Department: FY2014 Budget Amendment for FY2014 Grant Carryforward De Weerd: Okay. 10-E is through our Finance Department. Seeing the last man standing, I think Todd was it. Lavoie: Short straw was drawn. Well, thank you, Madam Mayor, Members of the Council. I'm here to answer any questions regarding this item. It's the 2014 grant Carryforward and if you have questions I'm more than happy to answer for you, but I will try to make it quick for you. Bird: I have none. De Weerd: Come on. Go ahead. Drill him. Bird: Just another budget amendment from Finance. Meridian City Council February 4, 2014 Page 68 of 72 De Weerd: I know. We need to limit them on their budget amendments. Bird: I know it. They are getting worse. De Weerd: I actually signed it, though. Okay. Do I have a motion to approve? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the FY-2014 budget amendment for the grant carryforward. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-E. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Ordinances A. First Reading of Ordinance No. 14-1596: An Ordinance Amending Title 10, Chapter 7, Section 12, Meridian City Code, known as the Meridian Impact Fee Ordinance Schedule; to Provide for an Amendment to the Police, Fire and Parks and Recreation Impact Fee Schedules De Weerd: Item 11-A is Ordinance 14-1596. Madam Clerk, will you, please, read this ordinance by title only. Nary: Madam Mayor? Madam Mayor, I was going to suggest, since this is the impact ordinance -- De Weerd: Oh, yes. Sorry. Nary: --that we continue this matter to March 4th. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 4, 2014 Page 69 of 72 Bird: I move we continue the proposed Ordinance 14-1596 to March 4th, 2014. Rountree: Second. De Weerd: I have a motion and a second to continue this item to March 14th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. B. Ordinance No. 14-1597: An Ordinance (AZ 13-005 -Paramount Northeast) For Annexation Of A Parcel Of Land Located In The NW'/a Of The Ne'/a Of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, And A Parcel Of Land Located In The NW'/a Of The Ne'/a Of Section 25, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To C-C (Community Business), TN-C (Traditional Neighborhood Center) And R-8 (Medium Density Residential District) De Weerd: Item 11-B is Ordinance 14-1597. Madam Clerk, you can read this one by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1597, an Ordinance AZ 13-005, Paramount Northeast, for annexation of a parcel of land located in the northwest one quarter of the northeast one quarter, Section 25, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, and a parcel of land located in the northwest one quarter of the northeast one quarter of Section 25, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-C, Community Business; TN-C, Traditional Neighborhood Center, and R-8, Median Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and 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. I don't see anyone who wants to see it read in its entirety, so, Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 4, 2014 Page 70 of 72 Rountree: I move that we approve Ordinance 14-1597 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve this item. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics A. Hearing on an Appeal of an Impact Fee Administrator's Decision on an Impact Fee Individual Assessment Request De Weerd: Item 12 is the need to place this item on an agenda and seeing that we did push out the impact fee discussion to March 4th it seems that it would be appropriate to consider the date that we need to place this on that date as well. Nary: Madam Mayor, Members of the Council, Mr. Seal did stay as well -- or Mr. Seal did stay as well if you had any questions for him. We did discuss that in the hallway on whether or not even on March 4th you're going to have any real direction on where you want to go, but if you -- we, obviously, can't delay this one much longer. It does impact them. I mean they are paying their fees and moving along. So, it really is your choice, Council, on whether you want to set if for March 4th and see where you land on the impact fee discussion and, then, set this for hearing or set for a date specific tonight, knowing you're just going to have to address it regardless. But you can set it past the 4th so at least you will have that discussion. But it really is up to you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: A question for the Council. Do you -- on that impact fee are we going to -- are we going to do all three readings, do you suppose, or are we going to do it in one or two? I don't think we are going to have the whole three. I don't think. Nary: You have to have all three. Bird: We have to have all three? Nary: Yes. Meridian City Council February 4, 2014 Page 71 of 72 Bird: Okay. So, if we have that it's going to be the 25th of March before we would be able to -- well, I suppose we could do it on the 18th, but there is no guarantee. Nary: Madam Mayor, Members of the Council, Council Member Bird, remember this is based on relief for the prior ordinance. Bird: I understand that. Nary: So, all you're really doing is -- I mean part of the reason you set this over was to see where your direction you would end up with the ordinance going forward and whether that would be relevant to your decision on whether to grant any relief on the prior ordinance. So, you can certainly wait until an ordinance is passed, but, again, I don't know even on March 4th if you're going to be ready for that decision. But, again, you can choose that at that time, too. Bird: I -- if we -- if we go to the 18th or 25th, Bill, are we running out of time for the applicant? Nary: Well, Mr. Seal, if you want him to address you. When we spoke -- I mean they would like some finality. Bird: Sure they would. Nary: But Idon't -- I mean I don't -- they don't want to push that too much further, but they are paying their fees and getting their permits. They are paying under protest. If you grant relief they will be reimbursed whatever amount you grant them, so -- Bird: What do you think? De Weerd: I think you certainly will have a better idea after March 4th. Bird: And we don't want to do it on the 11th. Rountree: I think we -- excuse me, Keith. Go ahead. Bird: Go ahead, Charlie. Rountree: Madam Mayor, I think we could -- I think we could schedule it for the 4th and if we get bogged down we probably wouldn't handle it, but I think if we -- at least the thought I have is if we establish -- not even how it breaks down, but the -- generally accept what the fee is going to be for the next cycle of this, then, we can -- Bird: I agree. Meridian City Council February 4, 2014 Page 72 of 72 Rountree: -- make some decisions that may be pertinent and helpful to the applicant and, then, deal with the splitting aspect of it later, beings that we are going to be phasing out one ordinance and phasing in another. Bird: Was that a motion? Rountree: Well, I would say let's schedule it for the 4th and if it gets crazy we can move it to the 11th, but -- Bird: I would second that. De Weerd: Okay. I have a motion and a second to place this agenda item on the March 4th agenda. I don't think I need a motion, but we will just do that. Rountree: We can talk about that Friday. Bird: Yeah. De Weerd: Okay. So, unless there are any other items for consideration as future agenda items, I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:59 P.M. (AU~~EEflf~ N FILE OF THESE PROCEEDINGS) /' ,_ ~ r MAYO MMY DE WEERD DATE APPROVED ~~. ~~ :'" ATTEST: ~ +~ ( Cif~g of J !~1 Anil I ~ ~. . ~ 1- i• HOLMAN, CITY CLK ~~~ .w ~~ ~ w~ F „~ :~,: art.. Meridian City Council Meeting DATE: February 4, 2014. ITEM NUMBER: 5A PROJECT NUAABER: ITEM TITLE: Proclamation for Skills USA MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes. ,_. CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AQENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6A PROJECT NUMBER: PP 13-034 ITEM TITLE: GRAMERCY HEIGHTS Findings of Fact, Conclusions of Law for Approval: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive Request: Preliminary Plat Approval Consisting of Thirty-Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District MEETING NOTES L/i R~PRGVEU Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE F/NAL ACTION DATE: E-MAILIeD TO STAFF SENT.TO AQENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6B PROJECT NUMBER: MDA 13-020 ITEM TITLE: GRAMfRCY HEIGHTS Findings of Fact, Conclusions of Law for Approval: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. # 106141056) for the Purpose of Attaching the. New Home Elevations Proposed with the Gramercy Heights Subdivision I~~1 ~~~ MEETING NOTES 1 . I~~ ~~ ~~' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AA~U~ED TO STAFF SENT TO Al3ENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6C .PROJECT NUMBER: PP 13-031 ITEM TITLE: KNIGHTHILL CENTER Findings of Fact, Conclusions of Law for Approval: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden `' Boulevard Request: Preliminary Plat Approval of Five (5j Commercial lots and One (1 j Common Lot on Approximately 9.11 Acres in the C-G Zoning District MEETING NOTES ~~~~r~~ ,. ~ ~ ~ .,~ ~„ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-AA~ULED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6D PROJECT NUMBER: M DA 13-019 ITEM TITLE: KNIGHTHILL CENTER Findings of Fact, Conclusions of Law for Approval: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded .Development Agreement (Inst. # 106122368) to Incorporate a New Concep# Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision MEETING NOTES ~~~ ~~ t~~ Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY .SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6E PROJECT NUMBER: FP 13-048 ITEM TITLE: BALTIC PLACE Final Order for Approval: FP 13-048 Baltic Place Addition by Cair Paravel, LLC Located South of E. Franklin Road and West of E. Kalispell Street Request: Final Plat Consisting of Two (2) Building Lots on Approximately 9.41 Acres of Land in an I-L Zoning District MEETING NOTES ~.~ . ' . Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-NWLED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6F PROJECT NUMBER: FP 14-001 ITEM TITLE: ZEBULON COMMONS SUBDIVISION FP 14-001 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Consisting of 38 Single-Family Residential Building Lots and Four (4) Common/Other lots on -13.56 Acres of Land in an R-8 Zoning District _~-, MEETING NOTES ~~~ `' ~~~ € Community Item/Presentatlons Presenter Contact Info./Notes CLERKS .OFFICE FINAL ACTION DATE: E-MAILED TO STAFF 8ENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6G PROJECT NUMBER: MDA 13-023 ITEM TITLE: CONNECTIONS CREDIT UNION Development Agreement for Approval: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument # 1 1 01 1 1 935) for the Purpose of Attaching a New Concept Plan and Building Elevations MEETING NOTES ~„ ~ ~~~7 Community I~m/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E~MAILED TO STAFF SENT TO AGENCY 8ENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 02!05114 03:27 PM RECORDED nREQUEST OF II I I I II' ~I I'I (I I II' II) I~ I I' I I II I I'll Meridian Ciry i 1400931 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Connections Credit Union, A State Chartered Credit Union, organized and existing under the laws of the State of Idaho, OwnerlDeveloper This addendum is made and entered into this day of~~ 2014, by and between CITY OF MERIDIAN, a municipal corporation of the State of Id ,whose address is 33 E. Broadway Avenue, Meridian, ID 83642, hereafter called CITY and Connections Credit Union, A State Chartered Credit Union, organized and existing under the laws of the State of Idaho, whose address is 1150 N. 8~' Avenue, Pocatello, Idaho 83205, hereinafter called OWNER/DEVELOPER, RECITALS ,r""r A. CITY and former OWNER/DEVELOPER entered into that certain Development Agreement dated October 29, 2010 (Instrument # 110111935). B. CITY and current OWNER/DEVELOPER now desire to amend the Development Agreement as it pertains only to the property in Exhibit "A", in accordance with the terms in this Addendum, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6S11A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPERshall bebound bythe terms of the original Development Agreement, except as specifically to Section 5 and Section 16 as follows: S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.• 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: !"`~. 5.1.1 Future construction and development of the bank and retail pad site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-023 -CONNECTIONS CREDrr UN[ON) PAGE ! OF 4 .~~ 5.1.7 Development of the northerrr/undeveloped portion of the site shall substantially comply with the concept plan and sample photo attached in Exhibit "B "and Exhibit "C ". 5.1.8 Any future drive-through use on the site shall comply with the specif is use standards set forth in UDC 11-4-3-11. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY.• City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 with copy to: ~"'~ City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEYELOPER: Connections Credit Union 11 SO N. 8~' Avenue, 83205 Pocatello, Idaho 83205 2. That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successors shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall bebinding onthe Owner/Developer of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developerpave fully performed their obligations under this Addendum. ADDENDUM TO DEVELOPMENT AGREEMENT' (MDA 13-023 - CONNECT[ONS CREDIT UNION} PAGE 2 OF 4 1'"\ 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. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owner/Developer and City, other than as aze 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 unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This Addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Connections Credit Union, A State Chartered Credit Union, Organized and existing under the laws of the State of Idaho Patrick .Vaughn CITY OF MERIDIAN ATTEST: ~ at~y ayc .Holman, City Clerk ADDENDUM TO DEVELOPMENT AGREEMENT de Weerd c;ey of E ?A N~- ~nue+o SEAL ti 1 23 - CONI~~ NS CREDIT UN10N) ~6r IRE::+'ti PAGE 3 OF 4 .~'`~ 1"'1 STATE OF IDAHO ) . ss: County of Ada, ) On this Z day of , 2014, before me, the undersigned, a Notary Public in and for s~ ~t~, personally appeared Patrick B. Vaughn, known or identified to me to be the of Connections Credit Union, and acknowledged to me that he executed the same on behalf of said State Chartered Credit Union. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this cert_j f~r![~I~ove written. _ (SEAL) ~O'[A~ y. ,~~pNtNNN STATE OF IDAHO ) ss County of Ada ) w•• pUtL~G 4 r ~ Nota~ubl Residing at: My Commi; Idaho `V On this_~_ day of ~ , 2014, before me, a Notary Public, personally appeazed Tammy de Weerd and Jayce olman, 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 executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. . •' ""•. `?~(,A J~~••• (SEAL) ~ ''?~ '~,'~' • • ~~ ~ • • ~ • i~i`.~1$L.1G~ ~O•i ••i ~L' OF ~i•• ••...... otary Public fo daho Residing at: ~,.-~ Commission expires: ~ v ADDENDUM TO DEVELOPMENTAGREEMENT (MDA 13023 -CONNECTIONS CREDIT UN101~ PAGE 4 OF 4 ~~ EXHIBIT "A" 212226 Tract 1: Lot 2 and 3 in Block 1 of The Courtyards At Ten Mile Subdivision, according to the plat thereof, filed in Book 89 of Plats at Pages 10414 through 10416, Records of Ada County, Idaho. Also including a parcel of land being a portion of Lots 4, 5 and 7, in Block 1, The Courtyards At Ten Mile Subdivision, according to the plat thereof, filed in Book 89 of Plats at Pages 10414 through 10416, located in the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho described as follows: BASIS OF BEARINGS: The West line of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 00°42'44" West with the distance between monuments found to be 2646.35 feet. ~ Commencing at the Northwest corner of the Northwest 1/4 of the Southwest 1/4 of Section 11, T. 3 N., R. 1 W., thence South 80°14'50" East a distance of 270.85 feet to a point on the North line of Lot 7, Block 1, and the South Right of Way line of W. Pine Avenue, the POINT OF BEGINNING; thence along said South line North 88°50'00" East a distance of 20.01 feet; thence leaving said South line South 00°41'42" West a distance of 28.25 feet: thence South 89°18'18" East a distance of 144.02 feet to the West Right of Way of N. Gray Cloud Way; thence along said West Right of Way of N. Gray Cloud Way the following courses: thence South 00°41'42" West a distance of 37.65 feet; thence along a curve to the left, with a radius of 82.00 feet, a central angle of 19°16'32", an arc length of 27.59 feet, with a cord bearing of South 08°56'34" East and a chord distance of 27.46 feet; thence from a tangent which bears South 09°16'14" West, along a curve to the left, with a radius of 32.00 feet, a central angle of 34°00'22", an arc length of 18.99 feet, with a chord bearing of South 07°43'57" East and a chord distance of 18.72 feet; thence South 24°44'08" East a distance of 16.00 feet; thence along a curve to the lefl:, with a radius of 32.00 feet, a central angle of 29°06'02", an arc length of 16.25 feet, with a chord bearing South 39°17'09" East and a chord distance of 16.08 feet; thence from a tangent which bears South 09°41'02" East, along a curve to the right with a radius of 28.00 feet, a central angle of 10°22'44", an arc length of 5.07 feet, with a chord bearing of South 04°29'40" East and a chord distance of 5.07 feet; thence South 00°41'42" West a distance of 84.96 feet; thence leaving said West Right of Way, North 89°18'18" West a distance of 189.02 feet; thence North 00°41'42" East a distance of 227.60 feet to the POINT OF BEGINNING. r"'~ Connections Credit Union at Ten Mite - MDA-13-023 !`~~, Tract II: An Access Easement being a portion of Lots S and 7, Block 1 of The Courtyards At Ten Mile Subdivision, according to the plat thereof, filed in Book 89 of Plats at Pages 10414 through 10416, Records of Ada County, Idaho, located in the Northwest 1/4 of the Southwest I/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BASIS OF BEARINGS: The West line of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 00°42'44" West with the distance between monuments found to be 2646.35 feet. Commencing at the Northwest corner of the Northwest 1/4 of the Southwest 1/4 of Section 11, T. 3 N., R. 1 W., thence South 06°54'36" East a distance of SS3.16 feet to the Southwest corner of Lot 7, Block 1; thence North 00°41'42" East a distance of 243.04 feet to the Point of Beginning; thence North 89° 17' 1 S" West a distance of 25.30 feet to the East Right of Way of N. Ten Mile Road; thence along said East Right of Way North 00°42'45" East a distance of 40.00 feet; thence leaving East Right of Way South 89°17' I S" East a distance of 25.29 feet; thence ~ South 72°36' 19" East a distance of 52.20 feet; thence South 89° 18' 18" East a distance of 114.79 feet; thence North 4S°41'42" East a distance of 48.79 feet; thence South 89°18' 18" East a distance of 161.01 feet; thence from a tangent which bears South 89°19'07" East, along a curve to the left, with a radius of 30.50 feet and a central angle of 48°SS'S8", an arc length of 26.OS feet, with a chord bearing North 66°12'S4" East, and a chord distance of 25.26 feet to a point on the West Right of Way of N. Gray Cloud Way; thence along said West Right of Way South 00°4I'42" West a distance of 44.94 feet; thence leaving said West Right of Way from a tangent which bears North 40°21'31" West, along a curve to the left, with a radius of 30.50 feet, and a central angle of 38°33'20", an arc length of 20.52 feet, with a chord bearing North S9°38' 11" West, and a chord distance of 20.14 feet; thence North 89°18'18" West a distance of 161.79 feet; thence South 00°41'42" West a distance of 35.00 feet; thence North 89° 18' 18" West a distance of 204.01 feet to the Point of Beginning. t"1 Connections Credit Union at Tea Mile - MDA-13-023 EXHIBIT B Exhibit B -Proposed Concept Plan .~ a,..~. ~: ~ _ ~ jf P ~- ..,, '" ~ (( ~ °~ i .~. ~~ ~ ' - - ~ I ~ ~, ~ ( ~» rina gym„ I 11 w.nwnrw ~ I ~ ~~ ».»~.». ~_Il ~~ ~~ ~ ~~VV 4 ~ ~ ~'a~ ~r ~ X59 ~ ~ d:N1ClI • ~~ ~ ~~ ~ ~ ~ ~ f1 a ,~; a , a ~asw» o =' «"" ~ slRnw ~~ _ If P i 1 '~' '- ~AIAI Connections Credit Union at Ten Mile - MDA-13-023 EXHIBIT C Exhibit C -Proposed :Building Elevations Connections Credit Union at Ten Mile - MDA-13-023 Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY Acceptance Agreement: Display of Artwork of Idaho Photographic Arts in Initial Point Gallery from December 5, 2014 to January 5, 2015 MEETING NOTES ,,~ ~~ ~ ~~~~~/ ~~ ~~" ~~ Community Item/Prosentations .Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-IIIWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: ~"r DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of _ ~~b , 2014, ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Paul Pulley ("Organizer"), on behalf of Idaho Photographic Arts ("Organization"), an informally organized group of artists. WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as ExhibitA, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; ~ WHEREAS, at its regulaz meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; 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, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on December 5, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Organization and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on December 5, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from December 5, 2014 to January 2, 201 S, in accordance with the terms of this Agreement; and shall be responsible /"~ for removal of such artwork on January 2, 2015, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 ,~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council, City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork, Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. i''1 Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein, Organizer acknowledges and agrees 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. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as ExlzibitA, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such ,~""~ removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ,~"\ A. Original artwork. Organizer and Organization warrants that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer, D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City's logo for any purpose without the express, written ~.,~ permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Paint Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, /"\ volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, /'~ employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, 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 out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such Loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as maybe required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallely. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. ,~ VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any othel• act of misconduct in the performance of this Agreement; or if any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically telminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. /'~\ A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. 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 oral or written, and whether previous to the execution ~,..~ hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. 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. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by T Tn;t~ Ctates Mail_ addressed as follows: O anizer• - - ----- -- -- - - O ator: Ci Paul Pulle Dwi t Williams Emil Kane Idaho Photo hic Arts Meridian Arts Commission De u Ci Attorn 4626 N. Zimri Place 33 E. Broadwa Ave. 33 E. Bmadwa .Ave. Boise 1D 83713 Meridian, Idaho 83642 Meridian Idaho 83642 208-396-3208 208 887-6473 208 898-SS06 aul ulle 'l.com dwi tS332 .com ekan eridianci .o Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. Warranty of aat6ority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. City Coancit approval regained. The validity of this Agreement shall be expressly /''~ conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~ 1(N WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~~ 2014. ORGANIZER: ,.. ~::.. Paul Pulley CITY OF MERIDIAN: BY: ~ ,. Tamm de rd Ma or a=" ;'' ~ ~; ~~ s s,~ r ~ t'ity of Attest: ~EI I~ t7T ~'~ ~,, Iq AIIO Jaycee man, City Clerk • ~ SE.~L ACCEPTANCE AGREEMENT INrrIAL Polar GALLERY DisPLAY PAGE 6 ~"1 ~'\ Exhibit A ~,.., Meridian ~ Commission Call for Artists: 2014 IN11`IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hatl (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensionat artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20~ of proceeds from sates of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensionalworks may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. /"`\ Completed, signed Application & Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD {for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC wilt notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and Publicity of the exhibit through City contacts, local media, and other informational forums. NTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity. org /'\ r1 Exhibit B ~~ . Meridian Commission Application £~ Acknowledgments: 2014 INITIAL- POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ' ^ I am submitting this application as an individual. • ~ I am submitting this application for this organization: Idaho Photographic Arts ^ I am submitting this application for arrinformal group: Applicant: Idaho Photo~rayhic Arts (Paul Pulley) Applicant E•maiL _pauipuueyC~>;mai .col m - Mailing Address: 4626 N. Zimri Place Boise, ID 83713 Physical Address: 4626 N. Zimri Place Boise, ID 83713 Applicant Phone: Day: 208-396-3208 Evening: 208-230-3808 • Cell: 208-230-3808 APPLICATION OVERVIEW: Check all that apply: L711/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. . ^ I/we propose to fil! these display cases with 3D .artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces; 20-30 Average size of 2D pieces: 16x20 Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ~1 Completed, signed Application i} Acknowledgements Form. (Informal groups: each artist must sign separate form.) ~ Biography of artist or informational statement regarding organization, no longer than one 8%: x 11" page; '~ ® A letter of intent, describing: • a. Artist/Organization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ]~i Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images wilt not be considered. Images will not be accepted via e-mail. ~ $35 gallery maintenance fee, check made payabte to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Paint Gallery is equipped with a•track system for hanging two-dimensional artwork. Two-dimensional artwork . will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with • different dimensions (fig. 3), for displaying three-dimensional artwork. Picture Han9tnp wIN 7WeCabUs FIG. 2. BACK OF FRAME x' 3'-6" // / y. ~'-B" `2I, 2' ~- "K"' ~ t~ FIG. 3. 3D ART DISPLAY CASES ~ ACKNOWLEDGMENTS: I, Paul Pulley ~ ,hereby acknowledge the following stipulations and agree that if this proposal 1s selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditi"ons, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that; A. Before my work will be displayed in Initial Point Gallery, I wilt be required to enter into an Acceptance T Agreement with the City of Meridian establishing the specific terms and conditions of the display of the `~ particular works displayed. ~,~ B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and wilt not assume liability for any loss or damage. . ~i t' ,~ tlliTl~[" /'\ i `~~ i ti TA C. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the artist. The City of Meridian shallnot provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sate by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gattery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hatl is primarily a place of public business and Initial Point Gallery~is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call fo-'Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gattery: I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. ~,,~-~~ '~ Signature; ld ~. ~P to name:. Paul Pullev Date: 10/I8/2013 To propose an exhibition in Initial Point Gattery, please submit this form, completed in full, with the required materials~and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gattery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! r'"\ Meridian Commission n, Letter of Intent for Initial Point Galley Idaho Photographic Arts Vision http://www.idahophotographicarts.com/ Idaho Photographic Arts is committed to advancing the art of photography by gathering the most talented photographers in Idaho. We believe photographers are not defined by their equipment or technology, but through their artistic eye. We participate in the story of Iffe, but we also see events and details often overlooked by others. The creative force within drives our search for art in ail circumstances. We seek the moments when time, space, location and emotion converge to create a story. We use our artistic eye to see: lines, shapes, forms, light, subject, emotion, balance, and composition. We bring ail the elements together to tell a story, convey a vision, and capture the imagination of people who view our work. Brandon Caldwell, Chris McNaught, Paul PuAey, Scott DeHart We (Idaho Photographic Arts) plan to hang approximately 20-30 photographic prints, ranging in size from 13"x19" up to 24"x36". Prices will be based on image, mountings, and image size. Price point will be $120.00 to $350.00 dollars. /'\ Publicity of the show will be through local photography outlets, groups, organizations, and via the Idaho Photographic Arts web site and biog. Regards, Paul Pulley paulpulley smail.com 208/230-3808 Founder of Idaho Photographic Arts Idaho Photographic Arts Group, Individual Artist Statement's 'maul Pulley's Artist Statement Being a photographer makes•me a voyeur. I peer at the vastly changing world around me, by looking through a little window, my camera's view finder and then I press a button to capture my interpretation of the world as I see it in that moment in time. Creating a photographic image is the art of telling a story and driving an emotional response. The type of emotion is not important; it is the act of touching my viewer in some way, whether it is joy, sadness, anger, or other emotion, that is my photographic deliverable. Our humanity is tied to our ability to emote, and my photographic goal is to touch, even if ever so lightly Into that humanity. You can love my work or hate my work, but if you are indifferent, then I have not delivered. it is the intellectual mind that follows the rules of photography, but it is the soul and the heart that drives the emotion, love, and passion that brings ones photos to life. My images say more about me than my subject, because my photos represent the world as I see it. Paul A. Pulley, Idaho Based Photographer Brandon Caldwell's Artist Statement Every picture has a story. Every photographer is a storyteller. If the images I capture and share can powerfully, emotionally or artistically tell a story I am rewarded. Inspiration sparks imagination. Imagination spar)<s creation. Creation sparks inspiration, so the circle continues. Taking the time to slow down and really take in what the world has to show us is astonishing. Sharing this astonishment is precious. Through my photography I endeavor to share the beauty of the places I visit and the heart ofthe people I encounter. ~,.C~eating images•that inspire, provoke, evoke, or rekindle is the windfall. andon Caldwell, Idaho Based Photographer Scott DeHart's Artist Statement My work, as a photographer, focuses on the richness of our environment and the people within it. The world of light and the world shadow enables and encourages a vision of ourselves that is bigger than we really are. My goal, as a photographer, is to provide a view into the richness of that world in which we live. I want to encourage those that view my work to look at the world in new and different ways. I want them to explore places that they would have never visited and to see things in ways that they would never have envisioned. I want to touch memories that they may have long forgotten. If I can inspire that simple connection with the wonders of the world then I will have fully succeeded in reaching the goals of my photographic art. Scott DeHart, Idaho Based Photographer Chris McNaught's Artist Statement • Contemplative photography is an art form that makes requests of both the photographer and the viewer. Asa contemplative photographer, I must be thoughtful about what I photograph, with a clear vision of the story i want to tell. Everything I include in the frame Is on purpose, and my image processing must be equally intentional. Viewers of contemplative photography are asked to question the image, to interpret the symbolism, to discover the meaning and to hear a story. Your perspective on the world will help you see my images in a uniquely personal way. The meaning you /"'~pver may be different than I intend. The story you hear may be different than'the one I'm trying to tell -and that's .....y. The most Important thing is our interaction: photographer and viewer. i invite you to have a conversation about my images, even if I'm not there with you. Chris McNaught, Idaho Based Photographer U x (~ O O x O x ~R ~ .~ .'i'cy-~' i~" Cn'f~'.'? i? t t ~„` : r "11 °. , ~,~, ,, ,~«, „~I ~, '„ q.>, ~„•, fl ,,. a ~ Jr 'iQ~~°n.=~~ ~1Jy _.7 Y` c ~~+ 4 A~ ~,Q ~) qd 4~t. h ~ T 4 ra,_ ~' ~~ k'", ~~ . ~` - ;r ,'d Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: SANITARY SEWER AND WATER MAIN EASEMENT Sanitary Sewer and Water Main Easement between the Meridian Heights Water & Sewer District and the City of Meridian MEETING. NOTES z~ ~~ mr ~y ~ ~ ~ ~ '' ~ ~' '~ ~' ~" s Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E~IIAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~' ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ' BOISE IDAHO 02105J14 03:21 PM DEPUTY Bonnie Oberbillig ~II I'~I'I~I'I'll'I'IIII'II'II'I I II'll RECORDED-REQUEST OF Meridian City 114009333 __. _ _ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this - ~ day of _ 1 < ,\ J~ \ X 1 , 2014 between the Meridian Heights Water & Sewer District, a political subd~iviisio~n oif State of Idaho, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and ~ WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for an easement over and across the following described property: . (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. ,,.r.~ However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 1 of 4 ,,~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of--way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: MERIDIAN HEIGHTS WATER & SEWER By: .i- /~ --- By: Attest by Gina Ha~fis, District Clerk P.O. Box 472 Meridian, ID 83680 STATE OF IDAHO ) . ss. County of Ada ) On this ~n~day of January, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Hamilton and Gina Harris, known or identified to me to be the Chairman and District Clerk, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ~-•~ IN WITNES OF, I have hereunto set my hand and affixed my official seal the I~ Fyp~ first abo written. NOTARY PUBLIC STATE OF IDAHO AL) NOT R UBLIC FOR IDAHO Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 2 of 4 ,r"t. j'"'~ ~---~ Residing at: ~~~ .~ ~~. Commission Expires: -~~Q_ ~~~ Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 3 of 4 GRANTEE: CITY OF MERIDIAN ~'"~ ~., ~ .~:. -,; Tammy de erd, Mayor I ~It7 kNf~ ~.» Attest b ycee L. Holman, City Clerk << SLR L °`a ~t~A Approved By City Council On: ~ ~/- z0 ~ ~~~ "`' ' ~ `' STATE OF IDAHO, ) ss County of Ada ) On this ~_ day of ~ , 2014, before me, the undersigned, a Notary Public in and for said State, person appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,...... (SEAL); ~j51C'fA ~~1'• ~ y, '~ • . ~ ~ • . ; • ~ ~ • • ~~ • • •tS~; J~~G, ~O i • ••`.9f'E OF t0:' ••....•' Residing at: h-C,~ Commission Expires: Grant of Sanitary Sewer and Water Main Easement (City of Meridian) Page 4 of 4 ~"~ EXHIBIT A November 25, 2013 Easements located in the NE'/, of Sectbn 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as fidlows: EA8EMENT A Commencing at a 5/8' Iron pin monument marking the N Y, comer of said Section 25, from which a 5J8` iron pin rnonumeM marking the northwest comer of said section bears North 89.20'31" West, 2640.22 feet,. thence along the north boundary of said NE Y South 89'20'17" East, 1280.17 feet; thence leaving saki north boundary South 00°39'43' West, 1292.58 feet to the POINT OF BEGINNING; Thence Nortit 61.1 736" East, 50:85 feet; Thence South 28°42'24' East, 20.00 feet; Thence :South 61 °1 738" West, 15,24 feet; Thence North 89°23'26" West, 40,85 feet to the- POINT OF BEGINNING. Said easement containing 861 SF (0.02 acres), more or less. And also: ''~ EASEMENT B An easement located (n the NE % of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada. County, .Idaho, more particularly described as follows: Commencing at a 5/8" iron pin monument marking the N % corm of said Section 25, from whid~ a 518" iron pin monument marking the northwest corner of said section bears North. 89°20'31" West,. 2640.22 feet, thence along the north boundary of said NE'/. South 89'20'17" East, .852.45 feet to the POINT OF BEGINNING; Thence continuing along said north boundary South 89'20'17" East, 199.5$ feet; Thence leaving said north boundary South 00°39'43' West,. 53.18 feet; Thence South 88°33'35" West,178.87 feet to a point on a cwve; Thence 51.17 feet akmg the arc of a non tangent curve to the left, said curve having a radius ~ 857.22 feet, a delta angle of 03"25'12", and a Iong chord bearing North 19°56'55° West, 51.16 feet to `a point of tangency; Thence North 21°34'48"West, 12.72 feet to the POINT OF tEGINNING, _ nNA Said easement cbMalning 10,631 SF (0.24 acres), more or less. a - - ,. a 11118 ~,, t i ~Z.bf t~ ~° ,9 P ~ `<~yTrF p ~ `a ~yw °N w H~ 131021-nonr-mhsd-perm.docx EXHIBIT B-1 23 24 (gAS~ OF g~~~ 24 1/4 s 69'2o'1r E ~~ N 89'42'2r W 2640.22' 2625 25 -.-'-- 0 .~ ~W ~~ \ \ ~ ~~ ~ ~ ~~ ~ IN ~ ~ ~ ~ ~ ~ ~ ~ ~ \ \\ ~ \\ \\ ~ ~\ ~ \ ~~ ~ . _ W. VICTORY RD. 1280.17 '~ ~ - . I I I~ I~ N ~" 13 I-,~, \ ~ \ \ I~ \ \ \ i GAL ~ \ \ \\ \ \ \ N~`G`~S I R ~ ~ Q 0~ \ \ \ S I \ \ \ \ ~ \ I f \ \ \ I ~, \\ \ uN_ \ \ ~ \ I UNE BEARING DISTANCE \ \ \ \\ \ I ~~ L1 N 61'17'36' E 50.85' \ \ \ (/~~ L2 S 28'42'24' E 20.00' \ \ ~ \ I ~ L3 S 61'17'36" W 15.24' PCYNT AF' B£Q'NN/NG \ \ \ ~ ~ \ L4 N 89'23'26' W 40.85' PERI/ANENT EASEA/ENT it ~ \ ~~ \ 661 SF f/- \ \ \ \ \ ` \ _ _ ~ ~ c~ QoS ~oQ~- ~ lE~EdQ Q p~ - - - EXISTING WATER I -' -,°~+ - - EXISTING SANTARY SEWER '~ PROPOSED WATER ° '^ • PROPOSED SANITARY SEWER ~~ MERIDUW CIlY PERMANENT SANRARY SEWER dt WATER EASEMENT scALE 1•=too' CITY OF MERIDIAN DWG.DATE 01/24/14 SANITARY SEWER & WATER EASEMENTS PR~~131021 MHWSD PORTION -PERMANENT EASEMENT'A' SHEET MERIDIAN HEIGHTS SANITARY SEWER 1 OF 2 LOCATED IN THE NE 1/4 OF SECTION 25 T.3N., R.1W., B.M. 131021-EASE.DWG bkb MERIDIAN, ADA COUNTY, .IDAHO ENGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Pna» (209) a3a-oaeo Fax (2os) a3e-oa4~ EXHIBIT B-2 o: I~ 'W O IJ .~ 23 4 (BASIS OF BEARINGS) 24~1/,4/~--~- 26 25 N x'42'27' W 2640.22' 25 ' ~ ; ~~ N Q~c ~~~ ~S s~° ~~~ Q~oo~~~oQ W. VICTORY RD. r- 0 ~P~ERS~ ~~ O S~ ~_- CURVE DATA CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 51.17 857.22 3'25'12" N 19'56'55" W 51.16 i [;FNI1 - -~tw EXISTING WATER - -~:s---- EXISTING SIWTARY SEWER UN_ E ppTp tzly PROPOSED WATER UNE BEARING DISTANCE o t2S---- PROPOSED SANITARY SEINER L1 S 00'39'43" W 53.18' ~~~~~ MERIDIAN CTIY PERI~IWENT SANITARY SEWER dt WATER EASEMENT L3 N 34'48' W 12.727' scALE 1'=100' CITY OF MERIDIAN DWG.DATE 01/24/14 SANITARY SEWER & WATER EASEMENTS EAIGINEER/NG PROD. No. 131021 MHWSD PORTION -PERMANENT EASEMENT'S' s~LUT~~NS SHEET MERIDIAN HEIGHTS SANITARY SEWER 2 OF 4 LOCATED IN THE NE 1/4 OF SECTION 25 1029 N. ROSARIO ST., STE. 100 T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642 131021-EASE.OWG bkb MERIDIAN, ADA COUNTY, IDAHO ~'0fN (~) 938-~~ Fax (208) 938-0941 ~ t~ SEA/ENT ~' ~.~ ~~ ~~ Meridian City Council Meeting DATE: February 4, 2014. ITEM NUMBER:. 6J PROJECT NUMBER: ITEM TITLE: AWARD OF BID LOCUST GROVE WATER MAIN EXTENSION Approval of Award of Bid and Agreement to Titan Technologies for the "Locust Grove Water Main Extension Project" for aNot-to-Exceed Amount of $448,020.00 ,- MEETING NOTES Community ItemtPresentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Kyle Radek, Corey Peacock Date: 01/30/14 Re: February 4"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 4 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Titan Technologies Inc for the "Locust Grove Water Main Extension -Construction" project for aNot-To-Exceed amount of $448,020.00. Recommended Council Action: Approval of Award of Bid and Agreement to Titan Technologies, Inc for the Not-To-Exceed amount of $448,020.00. Thank you for your consideration. ~ Page 1 ~,i~E IDIAN~- Public IDAHO Works Departmeat TO: Keith Watts FROM: Corey Peacock, Project Manager DATE: 11/25/13 Mayor Tammy de Weeni criq, e~.u M.~r~.,~ Keith Bird Brod Hoaglun Charles Rountree David 2ananba SUBJECT: Project Information; Locust Grove Road Water Main Extension (Construction) I. II. III. DEPARTMENT CONTACT PERSONS Corey Peacock, Consultant (Project Manager) 888-4312 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, PW Dvector 489-0372 DESCRIPTION A. Back round An existing 12" water line exists in Locust Grove Road south of Victory Road that currently serves pressure zone #4. Development has begun on the higher ground that exists to the southwest. This has created the need to develop pressure zone 5 to adequately provide water service and fire flows to this area. B. Proposed Project This project consists of constructing 3,2001inear feet of 16" water main in Locust Grove Road south of Victory Road. The new water line will run from the new ground reservoir #2 (currently under construction) south approximately 3,200 linear feet to the existing 12" water main in Wrightwood Drive. The new water main will allow pressure zone 5 to serve development as it occurs on the high ground to the southwest. Construction of this project will begin early in the FY-2014 budget year with completion anticipated around the middle of the FY-2014 budget year. Therefore, funding for the construction phase of this project will be allocated from the FY-2014 budget as shown in the Fiscal Impact section below. IlVIPACT A. Strategic Impact: This project meets the City's mission to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. Anew water main at this location will serve pressure zone 5. This water main is needed in order to avoid water delivery and pressure shortfalls. Page 1 oj2 B. ServicelDelivery Imuact: Development of a water supply pressure zone at this location will serve to improve water quality to customers and ensure capacity for fire flows. C. FiscalImpacts: FY 2014 Cost Estimate FY 2014 Funding (3490-96140) i //~~~/ A roved far Council A enda: ~`~/~1 rr ~ Warren Stewart $368,026.00 $390,000.00 1L Date Page l of 2 i-•~ AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION PROJECT # 10426.c THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 11th day of February, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Titan Technologies, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 5717 West Albatros Street. Boise ID 83705 and whose Public Works Contractor License # is C- 15853. INTRODUCTION /`t Whereas, the City has a need for services involving Locust Grove Water Main Extension -Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A"and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement ~"~ consistent with the requirements and standards established by applicable federal, LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 1 of 12 Project 10426.c i'`1 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shalt agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall becompensated on aNot-To-.Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $448,020.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of /"1 receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 2 of 12 Project 10426.c ~ 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Contractor shall complete all work within the Ridenbaugh Canal and Ten Mile Creek by March 15, 2014, according to conditions in 404 / 401 permits and license agreements as advertised. Crossings include all work outside of the ACRD right of way at the crossing locations. This shall include all work adjacent to the Ridenbaugh Canal and Ten Mile Creek that is outside of the public right-of-way. This shall include but not be limited to all piping, Ridenbaugh Canal concrete liner n and extending the concrete irrigation box to grade. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to r1 the CITY for damages sustained by the CITY by virtue of any breach of this LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 3 of 12 Project 10426.c ~ Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be i''1 subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required bylaw.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold i"t harmless CITY from and for all such losses, claims, actions, or judgments for LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 4 of 12 Project 10426.c ~ damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, ~ employees and volunteers. Any insurance orself-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC /'`~ and any modifications, which by this reference are made a part hereof. LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 5 of 12 Project 10426.c '~ All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Titan Technologies, inc. Purchasing Manager Attn: Cliff Cox 33 E Broadway Ave 5717 West Albatros Meridian, ID 83642 Boise, ID 83705 208-489-0417 Phone: 208-336-8748 Email: clcox2211 Qa msn.com Idaho Public Works License # PWC-C-15853 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as ~~ determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. /"\ LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 6 of 12 Project 10426.c ~ 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording .upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or /"\ in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall. comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall. be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this ~..~ Agreement unless this Agreement is modified as provided above. LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 7 of 12 Protect 10426.c n 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall /"'1 constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. Signatures to follow on next page. LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 8 of 12 Project 10426.c SIGNATURE PAGE LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION Project 10426.c CITY OF MERIDIAN BY: TAMMY de WE ,MAYOR Dated: a - y - Approved by Council:, ~ EEL OLMAN, CITY Purchasing Approval TITAN TECHNOLOGIES, INC. BY: Dated: l ~ 2~~ -`~ _~~"' • ~, _r , ~~ .:~ ,f ~::~ ~Fk' ~ -':~4`~` I ~'- ~~e,~E~~ KEITH W~S, Pur has g Manager Dated:: ~~ BY: WA Engineering Manager Dated:: 3D ~ LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION Project 10426.c page 9 of 12 r'`~ Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-14-10426.c ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-14-10426.c, are by this reference made a part hereof. r"~ i'`r LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 10 of 12 Project 10426.c Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $448,020.00. /"~ r^~ - ~MI<LESTQNE DATES/SCHEDULE Milestone 1 Ten Mile and Ridenbaugh Canal Crossings March 15, 2014 Milestone 2 Final Completion 120 (one hundred twenty) da s PRICIf~G S:CHEQULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION per IFB PW-14-10426.c CONTRACT TOTAL ....................... $448,020.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. ~BidSchedule Item No. Descri tion Quantit Unit Unit Price 307.4.1.A.1 Miscellaneous Surface Restoration (Landscaping) 166 LF $1,826.00 307.4.1.D.1 Type "C" Surface Restoration (Gravel Road) 40 LF $420.00 307.4.1.G.1 Type "P" Surface Restoration (Asphalt Roadwa 3,700 SY $20,350.00 308.4.2.A.1 30" Steel Casing 168 LF $39,144.00 401.4.1.A.1 Water Main Pipe -Size 8" -Type 900 6 LF $2,160.00 401.4.1.A.1 Water Main Pipe -Size 16" -Type 905 3,180 LF $254,400.00 402.4.1.A.1 Valve -Size 8" -Type Gate 1 Ea $1,380.00 LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 11 of 12 Project 10426.c 402.4.1.A.1 Valve -Size 12" -Type Gate 1 Ea $2,300.00 402.4.1.A.1 Valve -Size 16" -Type Gate 9 Ea $60,300.00 703.4.1.A.1 Concrete (Cast-in-Place) -Class 30 19 CY $4,940.00 801.4.1.8.1 6" Minus Uncrushed Aggregate Base 4,800 TON $4,800.00 1001.4.1.A.1 Sediment Control 1 LS $3,250.00 1103.4.1.A.1 Construction Traffic Control 1 LS $16,500.00 2010.4.1.A.1 Mobilization 1 LS $28,900.00 SP-1 Blow-off per Meridian SD W-20 1 Each $2,200.00 SP-2 3/4" Leak Detection Metering Station per Ian detail W 14, Sheet 2 2 Each $3,450.00 SP-3 Extend Existing Irrigation Box Walls not called out on tans 1 Each $1,700.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. /"1 i'"t LOCUST GROVE WATER MAIN EXTENSION -CONSTRUCTION page 12 of 12 Protect 10426.c Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: LICENSE AGREEMENT COMMUNITY GARDEN License Agreement for Community Garden in Kleiner Park MEETING NOTES ~ ;~~~ is ~~a ~ ~~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MANED TO .STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LICENSE AGREEMENT FOR COMMUNITY GARDEN IN KLEINER PARK This LICENSE AGREEMENT ~~QR C~MMUNITY GARDEN IN KLEINER PARK is made and entered into this ~ day of ~~014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Cooperative Gazdeners, an informally organized organization ("Licensee"). WHEREAS, the respective governing bodies of City and Licensee aze mutually interested in enhancing the Meridian community's quality of life by providing and supporting community gardening activities and benefits, including educational programming and cultivation of produce for local food banks, and to that end, City wishes to program approximately one half- acre of ground on the eastern edge of Julius M. Kleiner Memorial Park ("Pazk") as a community garden (hereinafter "Community Gazden"); and WHEREAS, at its Mazch 14, 2012 meeting, the Meridian Pazks and Recreation Commission recommended that City enter into an agreement with Licensee for management and oversight services related to the Community Garden; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, City and Licensee agree as follows: r,,,~ I. License granted. City shall, in exchange for Licensee's services related to management and oversight of the Community Garden, grant to Licensee anon-exclusive license to maintain Community Garden for the purposes and in the manner set forth in this Agreement. II. Use of Community Garden. Licensee's use and occupancy of the Community Garden shall be limited to gardening by Licensee and/or its members in accordance with the provisions of the "Meridian Cooperative Gardeners Bylaws," attached hereto as Exhibit A, and "Meridian Cooperative Gardeners Membership Application," attached hereto as Exhibit B. Licensee shall not use or permit the use of the Community Gazden for any purpose other than gardening without the express written consent of City. III.Term of license. The term of this license shall be from the Effective Date through 11:59 p.m. on December 31, 2014, unless eazlier terminated by either party by the method established herein. This license shall automatically be renewed from yeaz to yeaz thereafter unless written notice of termination is given by either party to the other in the manner set forth herein. IV. Rights and responsibilities of Licensee. With regazd to Licensee's use and occupancy of the Community Gazden under this Agreement, Licensee shall be responsible for, and entitled to, each and all of the following rights and responsibilities. A. Produce. Licensee shall donate a substantial portion of all produce grown at Community Garden to the Meridian Food Bank. ~'"~ LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 1 OF 7 B. Equipment; shed. Licensee may store at Park, tools and equipment, including a shed as approved by the Director of the Meridian Parks and Recreation Department ("Director"). Upon notice from City, Licensee shall move or remove any such property and/or equipment within a reasonable time as mutually agreed by the parties; property and/or equipment not removed within twenty-four (24) hours following such mutually agreed time shall be deemed abandoned by Licensee and shall be owned by City. Licensee shall secure the shed so as to prevent criminal conduct in or to same. Licensee shall be solely responsible for any theft, vandalism, unlawful entry, arson, or other damages incurred to the shed. Licensee shall maintain the shed in a safe and sanitary manner. Licensee shall not store any hazardous or toxic substances in or at the shed or Community Garden without prior written consent from, City. /'~ C. Irrigation. Licensee shall be responsible for irrigating the Community Garden. City may require an increase or decrease of water usage or application in Community Garden as may be necessary or reasonable under the circumstances. D. Weed and pest control. During the growing season (approximately mid-April through mid-October), Licensee shall be responsible for weed and pest control within the planting area of Community Garden. City shall be responsible for weed and pest control throughout the remainder of Park and during the non-growing season (approximately mid-October through mid-April). Licensee shall not utilize pesticides or herbicides, or allow such use, in Community Garden without prior written consent from City. E. Alterations; waste; signs. With the exception of activities directly related to gardening, Licensee shall not make, or permit to be made, alterations on or to the Community Garden or to Park, or any portion or component thereof, whether temporary or permanent, without prior written consent from City. Any and all additions to, or alterations of, Community Garden shall become at once a part of the real property and shall belong to City. Licensee shall not install or erect thereon signs, posts, poles, fencing, or other improvements or structures without prior written consent from City. F. Reasonable use. Licensee shall employ best efforts to ensure that its use of Community Garden land, facilities, amenities, and infrastructure is appropriate, reasonable, and lawful. Where Licensee's use of same causes damage, Licensee shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. G. Surrender of possession. Licensee agrees to surrender possession and occupancy of the Community Garden and Park premises peaceably at the termination of this Agreement and any renewal or extension thereof. H. Hold harmless. Licensee holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Licensee, to Licensee's personal property, equipment, members, agents, or volunteers arising out of or resulting from the condition of Community Garden or any lack of maintenance or repair thereon not caused by or arising ~-•~ out of the tortious conduct of City or its employees. LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 2 OF 7 ~ I. Insurance. In the event Licensee hires any person to work on or at the Community Garden, any and all workers shall be covered by worker's compensation insurance, if applicable. Licensee may, at Licensee's option, maintain property or crop insurance, as applicable, property owned or crops planted by Licensee. J. Admission. Licensee shall have right to assess and collect reasonable contributions to Licensee's expenses from persons participating in activities conducted at Community Garden by Licensee. Licensee shall not charge any fee for public admission to Community Garden without the prior written consent of City. V. Rights and responsibilities of City. With regard to Licensee's use of the Community Garden under this Agreement, City shall be responsible for the following. A. Utilities. City shall pay for any power, water, or other utilities utilized or provided at Community Garden. B. Assessments; property taxes. City shall pay the regular assessments and property taxes, if any, due and owing on Community Garden and/or Park. C. Landscape maintenance. City shall be responsible for tree, turf, and landscape maintenance; mowing; custodial services; and hardscape cleaning and maintenance at Community Garden. Licensee shall not mow, spray, prune, or otherwise alter or maintain ~ any natural or hardscape portion of Park. D. Scheduling. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to use or allow the use of Park for any and all purposes and under any and all conditions, so long as such use does not conflict or interfere with scheduled use by Licensee. E. No right to exclude conveyed. Licensee shall not have the right to exclude any law- abiding person from Community Garden where such person is not interfering with Licensee's reserved use thereof, nor the right to interfere with any person's concurrent, lawful use of Community Garden or Park where such concurrent use does not conflict or interfere with Licensee's use. F. Alterations. Upon thirty (30) days notice to Licensee in the manner established herein, City shall have the right to make alterations to Community Garden and/or to construct or locate landscaping, fixtures, structures, and/or any other improvements in or upon Community Garden or Park, except that City may undertake such alterations, construction, or improvements on an emergency or immediate basis without notice to Licensee where such action is necessary to protect the health, safety, and/or welfare of the public, or where such alterations, construction, or improvements will not unreasonably affect Licensee's use of Community Garden as set forth in this Agreement. LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 3 OF 7 ~ G, Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter the Community Garden and all storage areas for the purposes of inspection for compliance with the terms of this Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments necessary to allow mutual entry onto the Community Garden and all storage areas, VI. General provisions. A. Acceptance as is. Licensee acknowledges that Licensee has inspected the Community Garden and does hereby accept the Community Garden as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Community Garden, and Licensee accepts the Community Garden "as is." B. No agency. It is understood and agreed Licensee shall not be considered an agent of City in any manner or for any purpose whatsoever in Licensee's use and occupancy of Community Garden and/or any activity undertaken with regard to Community Garden, to Park, or to this Agreement. Neither Licensee nor any officer, employee or agent thereof shall be deemed an employee of City. Licensee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. /'`~, C. Breach; cure; termination. If Licensee is in breach or default of any of the terms, covenants or conditions of this Agreement and Licensee fails or refuses to cure such breach or default within three (3) days of written notice thereof, or if City determines that termination is in the best interest of the City, this Agreement, and all rights of Licensee in and to Community Garden, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of termination of this Agreement, Licensee shall forfeit any right to harvest produce planted and any right to the proceeds thereof, except that where termination occurs due to City's determination that termination is in the best interest of the City, Licensee may request that City permit termination after Licensee's harvest, which permission shall not be unreasonably withheld. In the event of termination, City shall provide Licensee with fourteen (14) days to, at the time and manner as may reasonably be required by City, remove its tools, equipment, and shed from Park. If any tools, equipment, or the shed remain in Park following this period, such items shall be deemed abandoned and shall be owned by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this, Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. /"~ LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 4 OF 7 ~"`` E. No obligation. By the granting of this lease, City does not in any way baz, obligate, limit, or convey any wazranty with regazd to any action relating to development or operation of Community Gazden or Pazk. F. No assignment. Licensee shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Licensee cease to exist as an organization, this Agreement and all rights granted to Licensee hereunder shall be void. G. Annual review. Between November 1 and December 31 of each yeaz, Licensee and City shall together review the yeaz to address any problems which may have arisen and to discuss possible changes to improve matters regarding the parties' joint use of Community Garden. /"\ H. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Licensee: City: Meridian Cooperative Garden Club City of Meridian Attn: Julianne Bokenkamp Director, Pazks and Recreation Department 2678 W. Wolf Rapids Drive 33 East Broadway Meridian, Idaho 83646 Meridian, Idaho 83642 Notices shall be in writing and sent by U.S. mail to the address specified above. Notice shall be deemed to have been given upon deposit in the U.S. mail. J. City Council approval required. This lease shall not be effective until it is approved by resolution of the City Council and executed by the Mayor. K. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and yeaz first above written. LICENSEE: -- ianne Bokenk resident, Meridi Cooperative Garden Club CITY OF MERIDIAN: BY: / s Tammy d eerc Attest: ..`, ;- Cih: of Mayor ~: ~~~~t ~(~ olman, City Clerk t~ F,i .` . .l.. ~. LICENSE AGREEMENT WITH MERIDIAN COOPERA VE,~ARDEN C~l`\B FOR COMMUNITY GARDEN *~_•~" PAGE 5 OF 7 /"\ EXHIBIT A Meridian Cooperative Gardeners Bylaws n Meridian Cooperative Gardeners Bylaws ARTICLE I This club shall be known as the Meridian Cooperative Gardeners, a nonprofit, educational, and recreational organization. It shall be referred to in these bylaws as the Co-Op". The motto is "Planting a healthier tomorrow for our families and our community." Article II Purpose The purposes of the Co-Op are: 1. To promote gardening as a healthy lifestyle activity and assist gardeners in gaining knowledge, skills, and enjoyment from gardening. 2. To grow and provide local produce for co-op members and the Meridian Food Bank. 3. To raise awareness and support of sustainable agriculture methods. 4. To present educational programs related to gardening to all age groups and to create a garden that fosters educational opportunities. 5. To strengthen the sense of community. Article III Membership Any person who subscribes to the above purposes and policies of the Co-Op may become a participant, subject to accepting the provisions of these bylaws. Participation shall be available without regard to age, race, color, creed, sex, disability, or national origin. Active participants shall be those who show interest in the objectives of the Co-Op and pay the annual participant cost for seeds and plants. They are entitled to participate in all club activities, vote on all business matters, hold offices, and receive all publications and emails. Article IV Meetings 1. General meetings shall be held regularly at a time and place to be designated each month, March through October, unless otherwise agreed upon by a majority vote of participants present, or cancelled by the president as needed. 2. The March meeting shall be designated as the Annual Business Meeting, unless otherwise set by a majority vote of members present. 3. Special meetings and events may be called at any time, provided prior notice is given to all participants. 4. During the winter, organizational meetings of the officers shall be held to plan for the year ahead. January: Set the Calendar February: Budget March: Elections 5. Participant-initiated agenda items shall be given to the President prior to meetings. 6. Meetings shall be conducted using Revised Roberts Rules of Order. Article V Officers 1. The officers of the Co-Op shall be President, President-Elect, Secretary, and Treasurer. 2. Officers of the club shall be participants in good standing at the time of nomination and election, or at the time of an interim appointment to fill a vacancy. 3. The March meeting will be used to nominate and vote for candidates for the subsequent term. This new board shall be published on the website and our private FB site. 4. In the event of a vacancy in the office of President, the President-Elect shall assume this office. Other vacancies shall be filled by Presidential appointment until the next election. 5. Terms of office shall be one year and limited to two consecutive terms in the same office. Article VI Duties of Officers ~ 1. The President shall appoint special committees, prepare meeting agendas, in consultation with the officers and committee chairs, prepare an annual budget; coordinate the work of the other officers and committees; preside over all meetings; interface with the City of Meridian, and perform other duties as described in these bylaws. 2. The President-Elect shall act as aide to the president, carry out such tasks the President may request, assume the office in the President's absence, and assume the Presidency at the end of the President's term. 3. The Secretary shall record the minutes of all meetings and deal with the correspondence and communications as requested by the President. 4. The Treasurer shall have custody of the Co-Op funds, collect participant fees, make disbursements, keep a full and accurate account of receipts and expenditures, and make monthly reports to the membership. Article VII Finances 1. Participant fees are payable by the first meeting in March of each participation year. The annual fees shall be reviewed at the annual business meeting. First-time participants joining the club after September shall be considered paid-up for the following year. Recommendations for fee increases shall be made at the time of the /'1 budget presentation and voted on by the participants present at the annual business /`~ meeting. A majority vote of the participants shall carry any motion to raise the fees, effective with the new participation year. 2. The President shall, in consultation with the officers, prepare an annual budget for the subsequent participation year. This budget shall be presented at the annual business meeting, including a review of the participation fees, and adopted by a majority vote of the participants present. 3. Any funds held. in the Co-Op's treasury in excess of 120% of the newly adopted budget after all outstanding bills have been satisfied, shall be directed to public services, community endeavors, and programs, such as arboretums, food banks, museums, or libraries. Dispersal shall be at the recommendation and vote of the participants present. 4. The President and Treasurer shall be designated as official signatories at a chosen bank. One signature shall be required for a check to be drawn against the Co-Op's account. 5. No assets of the Co-Op shall be distributed to its officers or other members, except as reimbursement for expenditures made on behalf of the Co-Op or remuneration for specific services performed. All receipts for expenditures shall be relinquished to the treasurer at the time of reimbursement. 6. The Treasurer shall file any annual financial forms as required by law. Article VIII Committees r"`~ 1. Audit: Financial records shall be audited annually and the findings presented at the annual business meeting. 2. Garden/Food: This committee shall assess the garden needs, make planting, water and maintenance decisions, and enlist participation. 3. Volunteer/Education: This committee shall plan and arrange for volunteers to help at the garden; publicize programs and speakers; and provide educational opportunities at the garden or in the community. 4. Build Community and Outreach: This committee shall provide opportunities for "community" with participants either around garden activities or elsewhere in the community, including the end of the season Harvest Party. 5. Publicity/Historian: This committee will keep the public FB page and website current with information and pictures about the garden, and any other pertinent information that might help the community learn more about the Co-Op. The historian shall keep a record of events of club happenings through photographs, newspaper clippings, etc. Committees will operate as needed, depending on participation. Committee chairpersons shall be appointed by the President. Each shall recruit their committee participants from those persons participating in the Co-Op. Each chairperson is responsible to the President and shall make such reports to the Co-Op as the President directs. /'1 i"~ Article IX Special Provisions 1. All monies, assets, gifts, donations of books, papers, pictures, plant and tree material, patents, copyrights, and registered material or works, objects of art, historical memorabilia and any other matter given, pledged or contributed to the Co-Op, shall become the property of the Co-Op. Records of such transactions in gifts and donations shall be recorded and the necessary recognition given. These records shall be kept perpetually. 2. Upon dissolution of the Co-Op for any reason, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to anon-profit fund, foundation or corporation, as voted by the participants. Article X Implementation, Adoption, and Amendments 1. These bylaws shall be reviewed annually by the officers at their winter meeting. 2. Recommended revisions shall be made by the Co-Op at the March meeting and enacted by a majority vote at the March meeting. 3. Upon adoption, these bylaws shall be made available on the website. Hard copies can be provided by special request following the adoption of revisions. ~, /"~ EXHIBIT B Meridian Cooperative Gardeners Membership Application Please fill out the application below to apply to participate in the 2014 Community Garden at Kleiner Park. Return application to Juli Bokenkamp, Acting President, for the Meridian Cooperative Gardeners. Please make checks payable in the amount of $30.00 to Meridian Cooperative Gardeners. Juli can be contacted at 208-954- 0723. MERIDIAN CO-OP GARDENERS PARTICIPATION APPLICATION FORM NAME(S): Phone: ADDRESS: CITY: ZIP: /'1 .MAIL: Are you on Facebook? YES or NO Garden Experience: Beginner Intermediate Advanced-Master Gardener What special skills or training do you have that might be helpful? (gardening, computer, photography, etc.) What are your hopes for this gardening experience? (food, experience, community, etc.) Participation fees are $30.00 for the 2014 season. This money will be used toward the purchase of plants, seeds, fertilizers, tools, and other items as voted on by the Meridian Co-Op Gardeners. Hold Harmless Agreement: For and inconsideration of the opportunity to participate in the community garden at Kleiner Park, 1, as evidenced by my signature below, do hereby hold harmless, release, waive, and forever discharge the Meridian Cooperative Gardeners, the City of Meridian, their agents, and their employees, from all real or possible claims for damages or other harm, whether to myself, to my property, to any other person, or to any other property Incurred as a result of my participation in the community garden not attributable to the tortlous conduct of City's agents or employees, regardless of the manner by which such claim may be brought. l acknowledge that my participation in the community garden presents risks, some of which are unknown, and agree to assume all risks associated with my participation. I understand that I am solely responsible for any and all expenses or damages that are tncurred as a result of any accident or illness incurred while or as a result of participating in this activity. I further understand that falsifying information on this application form is just cause for removal from r~rticipating in the community garden, and that my acceptance of these conditions means that I cannot later bring a claim against the Meridian .operative Gardener's, the City, their agents, or their employees. I also agree to abide by the bylaws of the Meridian Cooperative Gardener's. Signed: Date: Meridian Co-Op Gardener's Guidelines ~. 1. Participation fees for 2014 are $30.00. 2. The garden hours are from 7 a.m. until 9 p.m. 3. The garden is to be used for recreational gardening and for growing vegetables and flowers for your family and the Meridian Foodbank. Produce and/or flowers are not to be sold. 4. Gardener's are responsible for cultivating, weeding, watering by hand, and other care of the garden as needed. We emphasize "green" or chemical free gardening. Gardener's are expected to complete 6-8 hours of work each month, and log them in the binder when necessary. 5. Gardener's will not use the controls for the irrigation system unless specifically trained. 6. Gardener's are expected to attend mandatory work days 2 of 4...(spring plantings, fall clean-up) 7. Gardener's abide by the groups decisions regarding the division of produce, remembering that this a cooperative effort. (Harvest Days will be Wednesday evenings and Saturday mornings). 8. Parking is provided adjacent to the garden area. Restroom facilities are located within walking distance in Kleiner Park. 9. No dogs or other animals are allowed in the garden. 10. We encourage gardener's to take photographs throughout the garden to share on our Facebook page, website, or to be used in Powerpoint projects or in the Annual Report. Gardener's must complete the General Photography Release form. 11. Co-Op Gardeners agree,to the Hold Harmless Agreement and to abide by the guidelines of the program when they apply, sign and date the Community Garden Application. Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT RAILS WITH TRAILS Approval of award of Professional Services Agreement to Project Engineering Consultants, Inc. for the "Rails with Trails UPRR Cutoff Arterial Crossing Design Study" project for aNot-To-Exceeded amount of $77,707.35. MEETING NOTES 1N ~> Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Jay Gibbons Date: 1 /24/2014 Re: February 4, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 4"' City Council Consent Agenda for Council's consideration. Approval of Award of Professional Services Agreement to Project Engineering Consultants Inc for the "Rail with Trail UPRR Cutoff Arterial Crossing Design Study" project for aNot-To-Exceed amount of $77,707.35. Recommended Council Action: Approval of Award of Agreement to Project Engineering Consultants for the Not-To-Exceed amount of $77,707.35. Thank you for your consideration. • Page 1 ~, AGREEMENT FOR PROFESSIONAL SERVICES RAIL WITH TRAIL UPRR CUTOFF ARTERIAL CROSSING DESIGN STUDY THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 4th day of February, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Project Engineering Consultants, (PECZ ,hereinafter referred to as "CONSULTANT", whose business address is 986 West 9000 South West Jordan UT 84088. INTRODUCTION /"1 Whereas, the City has a need for services involving Rail with Trail UPRR Cutoff Arterial Crossing Design StudyL and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided ,however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. ,-~ 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 1 of 11 ~1 federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Not to Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-to-Exceed amount of $77,707.35. /~, 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2014 or unless sooner terminated as provided below or unless some other method or /'~, time of termination is listed in Attachment A. This Agreement shall terminate Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 2 of 11 i"'\ automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. 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, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal ~"\ injury, death, or damage or destruction to tangible or intangible property, Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 3 of 11 including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing .Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@meridiancity.org CONSULTANT Project Engineering Consultants (PEC) Attn: Gary Horton 986 West 9000 South West Jordan, UT 84088 Phone: 801-495-4240 Email: ghorton@pec.us.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 4 of 11 /"1 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any farm of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. r"~ Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 5 of 11 ~ 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not ~ accept the marking of an entire document as exempt. In addition, the CITY will Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 6 of 11 /``\ not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. ~"~ 21. Confidentiality: Consultant understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Consultant agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PROJECT ENGINEERING CONSULTANTS BY:~ TAMMY de RD, MAYOR Dated: 02 "y" ~~ BY: Dated: t "" ~{' - ~ ~1 Approved by J,,- ~,~ >~ ~,~ of ~,?~~N~- L. LMAN, CITY CLER =. i~ ~T''~``"°-~ ~rF .3 L.~ L ._.~~ 1~ 'c,pv FR o~ th T E {``~ /"~ Purchasing Ap ro al '' BY: ;, KEI ATTS, P asi g Manager r I Dated:: Z- ~ Rail with Trail UPRR Cutoff Arterial Crossing Design Study Departm t A9pproval STEVE IDD WAY, . rLks & Re~ Director Dated:: ~~ l~ `~~1 Page 7 of 11 Attachment A SCOPE OF WORK Project Engineering Consultants (PEC) is pleased to submit a scope of work for the Rail with Trail UPRR Cutoff Arterial Crossing Design Study, Idaho Transportation Department (ITD) Key No. 13187. The City of Meridian has secured Transportation Alternative Program grant funding to perform a planning study to provide alternatives for pathway crossings at seven (7) arterial roadway crossing locations along the railroad corridor through the City's area of impact. Currently, the seven crossings are identified as Locust Grove, 3rd Street, Main Street, Meridian, Linder, Ten Mile, and Black Cat. The emphasis of the project is to prepare a design study encompassing safe and efficient pathway/roadway crossing options at arterial roads crossing the rail corridor. The study should also address safe and efficient options for crossing rail spurs extending outside the rail corridor. The key component in accomplishing the study is to work with a stakeholder group to assess concerns and gain support for appropriate crossing solutions. As part of the design study PEC will complete the following tasks: ~ - Coordinate with the City to engage a stakeholders group to discuss and evaluate analysis work, design considerations and solutions. At a minimum, the stakeholder group should include representatives from Operation Lifesaver, Ada County Highway District, ITD, Union Pacific/Vllatco/Boise Valley Rail, and the City of Meridian. This task includes up to a maximum of three meetings. Meetings on the same day with ACRD and Union Pacific count as one meeting. - Investigate and analyze each arterial crossing location and document the existing conditions, challenges, current and future traffic levels; right-of-way; irrigation infrastructure; adjacent land use; wetlands; historic structures; or hazardous materials. The environmental items will be completed with a records and data base search. The City of Meridian shall provide right-of-way data to be used for the study and generation of alternatives. PEC shall also gather traffic volume data for the seven arterial roadways in the study. It is anticipated this information can be obtained or provided from ACRD for the peak hour volumes and daily traffic volumes. The traffic volume data shall be the basis for level of service (LOS) calculations at the proposed trail crossings. PEC shall coordinate with COMPASS and their travel demand model to determine a growth rate and future traffic volumes for the arterial roadways for twenty years from the projected study date (2035). - Develop a minimum of three preliminary concepts for each arterial crossing location. The concepts should consider and evolve out of three crossing options: n overlunder, at grade and outside/inside the rail right of way. The alternatives shall be refined based on input from and coordination with the stakeholder group. Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 8 of 11 /"~ These concepts shall be generated based on aerial information provided by the City or what is available via the Internet. Concepts shall include consideration for current roadway widths and future roadway widths accounting for the COMPASS model. - Develop a minimum of two preliminary concepts for appropriate rail spur crossing treatments (no specific location). The alternatives shall be refined based on input and coordination from the stakeholder group. These concepts shall be generated based on aerial information provided from the City or what is available via the internat. - Prepare concepts in a presentation format that can be used for team meetings, public open house and presentations. - Provide budgetary-level cost estimates for each final concept for comparative analysis. Costs shall include estimated construction costs, right-of-way, engineering, and construction management. We shall use recent bid results to estimate the construction costs. The costs shall include an inflation value to reflect when the project shall be funded and constructed. o Prepare concepts and power point presentations for public meetings. Public meetings shall consist of the following: one public open house, one /'1 ACRD commission meeting, and one City Council presentation. The public open house shall be held on the same day City Council presentation, one hour in advance. - Deliverables: o Deliverables shall be provided to the City in hard copy and electronic format. The electronic format should consist of Word, AutoCAD, Publisher, InDesign, Adobe, or other as directed by the City. o Draft and final report shall encapsulate a compilation of inventory, analysis, design concepts, preferred alternatives, typical sections, public meeting synopsis and recommended safety elements (striping, signage, physical barriers, and locations of said elements), synopsis of stakeholder group interaction, justifications and recommendations. o Cost estimates shall be provided to the City as part of the draft and final report. o Presentation quality graphics shall be provided to the City as part of the draft and final report. This design study is anticipated to be completed approximately six months from notice ~ to proceed. Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 9 of 11 Notice to proceed is expected January 2014 with completion near the end of June 2014. Assumptions: The following assumptions were made regarding preparation of this scope of work: • No topographic survey will be completed for the project. • The City of Meridian shall provide their latest aerial photography for use in generating conceptual drawings and figures. • The City of Meridian shall provide GIS information for utilities, right of way and other pertinent information requested by PEC. • Proper access permission to private property, if required, shall be obtained by the City of Meridian. • One review of the draft report is anticipated with one final deliverable. City Requirements: The following tasks are anticipated to be completed or provided by the City of Meridian. • The latest aerial photographic information. • Utility information in a GIS or AutoCAD format. /'1 Right-of-way information in a GIS or AutoCAD format. • Creation of stake holders list and contact information for Operation Lifesaver, Ada County Highway District, ITD, Union Pacific, Watco, and Boise Valley Rail. • Location to meet when meetings are designated at the City offices • Notifications and flyers for the public open house. Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 10 of 11 i"1 Attachment B MILESTONE /PAYMENT SCHEDULE i''1 /'~ A. Total and complete compensation for this Agreement shall not exceed $77,707.35. TASK DESCRIPTION AMOUNT 1 Coordinate with Stakeholders $10,753.10 2 Investigate Arterial Crossing $15,456.85 3 Preliminary Concepts -Arterial Crossings $11,701.47 4 Preliminary Concepts -Rail Crossings $8,422.48 5 Budgetary Level Cost Estimates $3,473.94 6 Draft Concept Report $15,433.39 7 Final Concept Report $11,724.92 Misc Direct Expenses $741.20 TOTAL $77,707.35 Travel expenses, if applicable, shall be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Rail with Trail UPRR Cutoff Arterial Crossing Design Study Page 11 of 11 Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. ~~" ~5 : A Resolution Establishing an Interim Rate for the Provision of Sewer Services to Meridian Heights Water and Sewer District Customers until the Transition of All Water and Sewer Services is Complete MEETING NOTES L._.I ~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~\ CITY OF MERIDIAN RESOLUTION NO. ~~~ 97J~ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ESTABLISHING AN INTERIM RATE FOR THE PROVISION OF SEWER SERVICES TO MERIDIAN HEIGHTS WATER AND SEWER DISTRICT CUSTOMERS UNTIL THE TRANSITION OF ALL WATER AND SEWER SERVICES IS COMPLETE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 28, 2014, the City of Meridian annexed 310.2 acres of land located south of W. Victory Road, east of S. Linder Road, and west of S. Meridian Road ("Victory South annexation"); and WHEREAS, the Victory South annexation includes the area served by the Meridian Heights Water and Sewer District ("MHWSD"), an independent taxing district formed to provide water and sewer services to the residents of the Meridian Heights and Kentucky Ridge residential subdivisions; and WHEREAS, by December 31, 2014, MHWSD customers will transition to receiving ,~, water and sewer services from the City of Meridian; and WHEREAS, until the transition is complete, MHWSD shall continue to provide, and bill its customers for water services, and the City shall provide sewer services to MHWSD's customers and shall bill MHWSD for such sewer services; and WHEREAS, the City has calculated a monthly rate of $6,325.00 to provide services to all MHWSD customers by applying the current City rate formula ($8.48 per account and $5.43 volumetric rate per 1,000 gallons of effluent discharged), to historical data indicating MHWSD's flow, and accounting for the percentage of sewer pipes within the boundaries of the District that will be owned and operated by the District until the City takes ownership of the infrastructure; and WHEREAS, the Public Works Director has demonstrated that this methodology of calculating a rate for provision of sewer services to MHWSD customers until the transition of services is complete will not create a need to increase the rate charged to current City rate payers; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City shall provide sewer services to MHWSD, and shall bill MHWSD $6,325.00 monthly, until the transition of the provision of, and billing for, water and i"'~ sewer services from MHWSD to City is complete. RESOLUTION ESTABLISHING A RATE FOR PROVISION OF SEWER SERVICES TO MERIDIAN HEIGHTS WATER AND SEWER DISTRICT CUSTOMERS PAGE 1 OF 1 Section 2. That this Resolution shall be in full force and effect immediately upon its ~ adoption and approval. ~~- ADOPTED by the City Council of the City of Meridian, Idaho this -? day of February, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of February, 2014. APPROVED: :l ti) q j,;~,L~ fl ATTEST: Tammy d~eerd, Mayor .~,~ ~ car- °f -, ~~~~~~~~~N~. a„~ S F (~ q n J~F~.A- ti F ~l< a ~~~a City Clerk RESOLUTION ESTABLISHING A RATE FOR PROVISION OF SEWER SERVICES TO MERIDIAN HEIGHTS WATER AND SEWER DISTRICT CUSTOMERS PAGE 2 OF 2 :Ol ~_ A o: _~ Q N.I ®CC ~ ~ G W ~ yQ ® ~ Z U ~ U W J L5J to m ~'. ~tV V V V<1' u~ u~ u'> ~n ~n u1 mm mmaim ~ l1'1 u'7 ~ u~ ~(1 m V V'" v~MN "~ NN~MNNNN ~ ~ ~ ~ 7 ~ ~ ~ 7 ~ LI1 ~ ~ Lf~ t.() lI1 lf'1 V N~f~'1~(~'1 (h O._N.--~ ONT.=(~'1N~.=~~N lC'1 I.n In tc') ll") Cf to Q.° lCl l!') Ln d° l!"1 Ln ~ LL7 ~ to lfl LCl LLl L() m a ~ :; Z c v .0. -~ ~ H C - w > ..0.. N ~ c U = v ~. S y U "' .- c v ~ ~ U Y u p. ~ ~j v~ v ~ u v u u o :~ v`~ o ~ v E ~ ~ _ Y '~ °" ~z v ~i ~p'''°u L=O m~ v m~ N c c v ~UJaVU ~ u 3a o%a c Asr ~ c v m v c.uUUJav v m v u _a _a> L c m m m m N i ~- ~Y v~ E~ = ~QQ ~ ~vvv c o-E E E E'u ~~~ ~ ro v S ccv v p~opp m m m m .~ m ~o ro m O Y J J J Z N~ 6 N u1 ~ V ~..) 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W ~ x~ aalarla0 aeao ~4f `¢~aQ 9 aa~uao~l o yCt 7 A a eta 9' 'm a F W ~ d Dy Cosfo f~G ~ m ~ a d tl ~~ ~ n° ~ H d C y A ~ ~ 2y ~ o ~ O. Me, d d _ ~ N ® Je3$ "'4 aue~ ~aed auA;uelle8 ~ ~ ~ ~ ~ rt n 'LS p~1 (~ ~ N M N ~ O -s S ~' ® rt -4 O ~ ~ ~ ~ ~ O Dl <. .. • $ ~• O C ro y Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 7q PROJECT NUMBER: ITEM TITLE: INITIAL BUS ROUTE OPTIONS Community Development: Initial Bus Route Options MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS January 14, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager ~~ RE: Bus Route Options January 14th, 2014 City Council Workshop Agenda Item Valley Regional Transit, in collaboration with various stakeholders related to the City of Meridian has been holding regular workshop sessions to produce transit options that are specific to the general population of Meridian. Our efforts are following a structured process that will: 1) Produce awell-balanced design 2) Attach general cost information to a variety of options 3) Inform the public of future transit options 4) Take the necessary steps to actualize the design The design team has successfully accomplished the first two items and have prepared five route options for your review (attached.) After this review, we will be prepared to engage the public, to select the most feasible and well reviewed design option. Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ^ Fax 208-888-6854 . www.meridiancity.org Page 2 Distance Outbound = 13.45 mi Round Trip Time = BO min. Total Cost = $331,9361 year Distance Inbound = 13.45 mi Route Frequency = 30 min. Federal Cost = 5199,161 !year CWI - Tovmsquare Mall Total Route Distance = 26.9 m-~ Revenue Hours = 16 hours /day Local Cosi = $132.774 MorMay -Friday Express ,. w .- `,. ~TJ Mendian Rd r Fairv.ew i i -Collage of Wesiern Idaho (CWp , tl. ~ From ~' Towne Square Mall ~. tvampa _ ~ • .. ,. .,~, - i Garage r u - ` - ' t ~ . . -ray. .. Distance Outbound = 8.8 mi Round Trip Time = 60 Total Cost = $248,952 !year Distance Inbound = 3.2 mi Route Frequency = 30 Fetleral Cost = $749,371 /year Park & Ride Circulator Tota! Route Distance = 13 mi Revenue Hours = 12 hau , /cap ! oal Cost = 599,590./ year _., r Monday -Friday _... _. _. Settler spark ----- ------ Park & Ride Option {:,~, Tinley Park -F~ 6 qy ~""" ,.. :,.. ~.. ~~ Park & Ride Option `-. ~ ,, ~ •' ~ i- - Eagle Rd /Pine ~- ~ ~ .} / EmploymenKenter ~• % ~: ~ ---- -St. Lukes Med2al Center •' ,. ,.. - ~ ~ . } .: ; , -. (Transf r(rom Route 42, NampaM eridian Limited Stops) - is „ ~ ' .~ ,- . ~ ~ ~~ -• County Terrace --~ Park&Ride - - .(Transfer from Route 4o,Nampa-Meridian Express) Page 3 Distance Outbound = 11.7 mi Round Trip Time = 90 min. Total Cost = $107,016 /year Distance Inbound = 9.1 mi Route Frequency = 30 min. Federal Cost = 521,403 /year Downtown Meridian -The Village -TSM Total Route Distance = 20.8 rrd Revenue Hours = 21 Hours i day Local Cost = 585;612 !year Saturday -Sunday t•~ r _ Settler's Park ----- - .. .~~~,. ..-E ~-.-.-r..Y--0-'~ ~ ~ a _ ., :, .,, -. Tulley Park --- 1 - ~~~ I ~ -- - -The Villa e g rt 1 q f ~ a',; -----, L,-+~---b------ ----- 1 ~- ' Townsquare Mall (TSM) '~ Downtown Meridian --~ - ~'--- - Blue Cross/S<entsy ,;' - ,. - - i - Fro .,~, _ m s Boise Garage Distance Outbound = 8.37 mi Round Trip Time = 60 min. Total Cost = 571,344 !year Distance Inbound = 4.45 mi Route Frequency = 30 min. Federal Cost = 514,268 /year Settler's Park -The Vitlage Total Route Distance = 12.82 m~ Revenue Hours = 14 hours /day Local Cost = $57,675 !year Saturday - Suntlay i& ~, ..., - 8ettler's Park ->--- .-.,' --Ustick/Eagle ,. , i ., ~ ~; ~ ,~ ~-~ ~ ~ -:- The Village ~ ~ - ~ -' ' owntown Mer dean -~--~~- ' ~ L___._.__Q... ~ r~____pJ -~--_. _._. - - (". ~ <- . " " -Blue Cross% Scenisy ti ~~ ~ ° i ::,-,.r , „~,.:, Storey Park -- - ~,p,-.,,.~,,,,_,~~ ,,, Towne Square `$ Mall ~ ' ' ~_ ,.;. ~. d _ ~. ? - _ ~ ~ ii t From ~ ~ st 6oise ~.. Gar.ge Page 4 Distance Outbound = 73.7 mi Round Tnp Time = 80 min. Total Cost = 5396,704 !year Distance Inbound = 10.96 mi Route Frequency = 30 min. Federal Cost : 579,340! year Settler's Park -Downtown Boise Total Route Distance = 24.06 mi Revenue Hours = 15 hours /day Local Cost = $377,363 / ya,r Monday -Friday Commuter Settler's Park - ~. Parking Lot O ., ..~ ~- .. 3 i TO BOISE Downtown Meridian ... ,. { ~ - - Towne Sq uare Mall - .-'rv3. .,.~_. . _ - .. ,. .. ~ From .: .~ , ~, ~ ~; Boise . ~l Garage Meridian City Council Meeting DATE: February 4, 2014 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: February 4, 2014 ITEM NUMBER: 9A PROJECT NUMBER: FP 14-003 ITEM TITLE: CANTERBURY COMMONS N0.2 FP 14-003 Canterbury Commons No. 2 by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Final Plat Approval Consisting of Fiffy- Seven (57) Single Family Residential Building Lots and Nine (9) Common Lots on Approximately 11.06 Acres of Land in an R-15 Zoning District MEETING NOTES . /~//~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE F/NAL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Ciiy Council Meeting DATE: February 4, 2014 ITEM NUMBER: 96 PROJECT NUMBER: ITEM TITLE: UPDATE TO THE DEVELOPMENT IMPACT FEE ORDINANCE Consolidated Public Hearing on the Update to the Development Impact Fee Capital Improvements Plan (CIP) and the Revisions to Impact Fee Ordinance MEETING NOTES Community. Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-IIAAILED TO STAFF SENT TO A~iENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. I~f ~ ~~~0 : A Resolution for the Appointment of Patrick S. Oliver to Seat 5 of -the Meridian Planning and Zoning Commission MEETING NOTES uy APPR~V~f 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. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING PATRICK S. OLIVER TO SEAT 5 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 2 established the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Seat 5 of the Planning & Zoning Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective appointment of Patrick S. Oliver to Seat 5 of the Meridian Planning and Zoning Commission as recommended by Mayor De Weerd and described herein; /"t NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Patrick S. Oliver shall be appointed to Seat 5 of the Meridian Planning & Zoning Commission, which term shall run through February 28, 2020. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~ ~,,,, ~ , ~, ADOPTED by the City Council of the City of Meridian, Idaho, this y~ day of -4~'~~, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~ , 2014. APPROVED: ~~u ~, ATTEST• ~ h~~ ~i F~ II ~1~N~ By: (E ,1/,, F T '~ Jaycee .Holman, City Clerk ~~ Jr FW. Mayor T ~ ode Weerd~~~rs ~w RESOLUTION FOR APPOINTMENT OF PATRICK S. OLIVER -PLANNING & ZONING COMMISSIONER - I ~"~ Patrick S. Oliver 2056 N Cool Creek Ave. Meridian, ID 83646 (208) 888-5321 Job Objective: To become a member of the Meridian Transportation Commission Education: BA in Elementary Education Boise State University-1991 Kung High Schaal-1973 Kura, ID /'1 Experience: Elementary School Teacher 1991-to present Lieutenant for Meridian City-Rural Fire Depar#ment 1982-1995 Valley News Circulation Manager 1978-1981 Lions Club 1978-1981 President of the Kuna Education Association several years Member of the Board of Directors for Idaho Education Assoc. Coached boys baseball and girls basketball Achievements: 2 time Firefighter of the Year for the city of Meridian Teacher of the Year for Silver Trails Elementary-Kona 2012 References: Availably upon request 1 ~, Letter of Interest To The City of Meridian Transportation Commission: Having lived in Meridian, ID for forEy-seven years, I have seen great changes. Meridian has gone from a small farm community to an up and coming city. Because of the tremendous growth, Meridian is in need of an aggressive transportation committee. I am interested in being on the Meridian Transportation Commission so that I can have a voice in the direction it is headed. it is my desire to become involved in the community so that I can do my part to help insure that our transportation needs are met in an efficient way... one that will help with current and future growth. Given that our growth is constant and projected to increase it is essential that we begin to work on a long term plan to insure that we have identified various ways to improve the overall safety of ~ our roadways for everyone, drivers, walkers and bikers alike. It is for those reasons .that I want to be part of the Transportation Commission. Thank you for your consideration. Sincerely, /"' ~ ~y~~ Patrick S. Oliver rr, Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 1 OB PROJECT NUMBER: ITEM TITLE: SWAC REPORT AND RECOMMENDATION Solid Waste Advisory Commission: SWAC Report and Recommendation Regarding Memorandum of Understanding (MOU) between the City of Meridian and Republic Services of Idaho About City Parks' Recycling Revenue MEETING NOTES ~~~~ ~~ w~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Mayor and City Council From: Steve Cory, Chair, Meridian Solid Waste Advisory Commission Date: December 18, 2013 Re: SWAC Report and Recommendation regarding Memorandum of Understanding (MOU) between the City of Meridian and Republic Services of Idaho having to do with City Parks' Recycling Revenue (MOU attached hereto) BACKGROUND: When the Meridian Community Recycling Fund (MCRF) was established, non-household recyclable material was not included as a revenue generating source of funds. In 2012 Republic Services agreed to donate to the MCRF, on a monthly basis, 80% of any recycling revenue generated from the sale of recycling commodities generated within Settlers Park after the MCRF funded the installation of twenty (20) permanent recycling containers there. The Settlers Park pilot program was a success although due to depressed secondary markets no revenue was returned to the MCRF. In 2013, this arrangement was graciously extended by Republic Services to include two more parks (Heroes and Kleiner) that received MCRF funding for permanent recycling containers.l Republic Services also agreed to include appropriate events held at city parks where temporary recycling containers are provided by Republic Services. During the summer of 2013, Republic Services agreed to include additional city parks, if and when they come on-line with permanently installed recycling containers. PRESENT: Since its inception, a total of 2.43 tons of material have been collected from city parks which host permanent recycling containers. This not only represents a significant diversion of material from the landfill, but is also evidence of park users' willingness to recycle. While no park- derived recycling revenue has yet been returned to the MCRF, there should be once the secondary markets recover. ~ 1 Parenthetically, the Parks Department has four containers leftover from the grant money which will be installed at the new tennis courts at Settlers Park. SWAC Report and Recommendation regarding MOU between City and Republic Services related to City Parks' Recycling Revenue ~''`~ SWAC initiated the memorialization of the heretofore verbal agreement with Republic Services into the attached MOU in order that relevant details and recitals are appropriately recorded and applied as the Parks' Recycling Program grows. ACTION: For the reasons described above, and upon review and approval of the attached MOU at its December 18, 2013 meeting, SWAC voted to recommend to City Council that the Mayor be authorized to sign it on behalf of the City of Meridian. /"'` SWAC Report and Recommendation regarding MOU between City and Republic Services related to City Parks' Recycling Revenue Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER:. 10C PROJECT NUMBER: ITEM TITLE: FAIRVIEW CORRIDOR MANAGEMENT STRATEGY UPDATE Community Development: Fairview Corridor Management Strategy Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-NWLED TO STAFF SENT TO At3ENCY SENT TO APPLICANT NOTES INITIALS Mayer Tarramy de Weerd City Cr~uncil Members:: Keith E3ird lr.~c* E3ortor~ Lure Cavener Genesss t~liiam Charlie Rountree David Zaremba January 30, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Brian McClure, Associate Planner RE: Fairview Corridor Management Strategy Update On February 6"' there will be a joint workshop with the Ada County Highway District (ACRD) Commission, Meridian City Council, and Boise City Council, to discuss Fairview Avenue corridor management strategies. Prior to this meeting staff would like to quickly review the history of this effort along Fairview, and touch on a few points more relevant to Meridian's position, which may not be stressed during the workshop next Thursday. Over the past several years the ACRD has embarked on a number of efforts to plan for and address long-term safety and efficiency considerations on the Fairview Avenue corridor. While the last planning effort was placed on hold by ACHD, Meridian City Council has indicated support in planning for and addressing long-term issues along Fairview. City Council has not necessarily been supportive of a particular strategy or tool to address safety, congestion, and connectivity impacts, only that they be addressed. ACHD agreed that something must be done for the long term viability of Fairview as a mobility corridor, and in 2013 renewed their efforts. This time ACRD brought in an out of area consultant specializing in this sort of corridor study, and involved key stakeholders day-one through the formation of a Steering Committee. This Steering Committee also included a number of n Meridian (and Boise) businesses along Fairview. This Steering Committee along with a Project Team, comprised of the consultant and staff from ACHD, Meridian, and Boise, worked to n, identify existing and future threats to the corridor. While the process has not been without disagreements, involved parties have all generally been supportive of the idea that something must be done to address safety, congestion, quality of life, and both the short- and long-term economic impacts along the corridor. Without getting into the details of the plan, something to highlight and be aware of going into the joint workshop is that this study proposes a phasing plan which begins in Boise. The area with the highest congestion and with the most consistent traffic incidents occurring, where there is the most need for improvements now, will be addressed first. While this plan outlines strategies for phase one, it does not provide a design for it. Instead the plan outlines preferred strategies, and then details requirements for the strategies. Additional public involvement, further review by ACHD Commission, and then most importantly for Meridian stakeholders, is the requirement for additional analysis after construction. Phase one improvements must be monitored and evaluated. If something is not working or negative impacts are severe, changes can be made, and subsequent phasing able to adapt to post construction alterations and lessons learned. Staff has been very active in the development of the Draft Fairview Avenue Corridor Management Strategy, and feels that it adequately addresses the areas in most need first, is flexible through ongoing analysis and review, that phasing occurs in a logical fiscally responsible order, and most importantly, that the study outlines a transparent and consistent process. /"'1 Regardless of the study or phased improvements, City staff will continue to work with ACHD to encourage reduction of conflicts along the corridor, and to ensure that long-term safety, function, and overall efficiency of Fairview is improved. n Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: 2013 KLEINER PARK CONCESSION UPDATE Parks and Recreation: 2013 Kleiner Park Concession Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E~MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 10E PROJECT NUMBER: ITEM TITLE: FY2014 BUDGET AMENDMENT FOR GRANT Finance Department: FY2014 Budget Amendment for FY2014 Grant Carryforward 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 ~1 r1 1« z W C '~ ~. ~, .,~ vs ~_ o 'U y ~ ro ro J c -~ ~' ~ ~ -: :: y, ~ ~ ~ ~ ~ ~ .~ ~ U ~ ~ c N ~ N ~ ~ ~ N C~0 N I; ~ -ci ai N ~ ~_ A !Y U ' C7 o (3 C Q3' ..,. ~ O cv ~ ~ d ~ k ~' F~ ~ LY_ O ~. 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C ~ O U a,_ ~~ t~ v d X ~ w O ~' ~ ~ ~, ~ N LL! ~ ~ 7 ~ ? t- ~ I ~ i U ~ ~ ~ ~ ~ WI ~ d ~ U 0 ~ Q ~ 0 ~ ~ n 0 c`i. m cv ..-.:~, ~: aci ~ E o <r a, ~ ~ ~ `o m o c ~' "" ~ v ca v~ d ~ 'tq ~uc~„ b J O V Cn N Y. w o °' ~ ~ ~ c ~ ~ O ~ b y ~ C ~ C'A ¢ '~ T7 •N rn ~ c u~ y =~ ~ b ~ (~ Q (/7 m -c ~_~~~ > ~, o ~ ~, o .~ ~ ~ ~_°~;~ c« ~ a ~ °~ o E ~ ~ ^ E `c~; ~~ m a 4 ~ E ~ ~ C a ¢ '$ '~ 't7 iri c ~ c N c c m .~ ccr~yy N N y y C N c Q o c~ i.~ ~ r~- a' V N ~ t`~ EiT .d C W w r Efl d ~ c }.- ~ m Q. °° v ~ ~ ~ ~ ~ o ~ t V > V I i air ~ Z Q. ~' tLf C Q a CO R 0 ~ g C .~ m v v :~ a~ ~ o ~ .L2 a ~ ~ U :C C ~ Rf Cf ~ ~ C3 ~ c a g ~~ .~ O t1 ~ ~+ Obi ,$~ a~°'3 '~ rti r,: ~ w N ~ N .~- ~ ~`' ~ ~ H N > ' ` p ~ Car d K Z ~ ~ O 0 o a x 4 c ~ Q 0, ~ ~ Q. d w a w c ~ O ~ ~ V ~ O ~ v c ro~ !4 o` u~i ~~ ~ '~ U m ~ d ~ ,° ~ ,a .O ~ ~ ZS ~y C ~ d C eti d ~ ~ ~ w ~ ,cn ~o d r+ w ~ ~ `a ~ my Fund Dept ~ ~~ __._._ _ luroj?rt ExpF~r~ditures ~~w~ n~ 's Note<, 20~ 2123' 41200 5001 $ 1,282.51 ;$47,397 already in FY14 Budget 20 2123 31000 5001 $ 48,679. 5 1 20 ___ 2135 _ 41200 ____ 5010 $ (44,000.04) _ . __ Move from 20 to Ol 1 2135 41200 5010 $ 44,000.04 Move from 20 to Ol 20 2135 51300 5010 $ (1,298.04) DFC Grant was not renewed 20 2135 52710 5010 $ (2,588.04) DFC Grant was not renewed 20 2135 55000 5010 $ (36,864.96) - DFC Grant was not renewed --- 20 2135 56102 5010 $ (120.00) DFC Grant was not renewed 20 2135 57101 5010 $ (426.00) - -- -_... _ __ ----- DFC Grant was not renewed r- ---- - ---- ------ 20 ----- 2135 57102 5010 $ (102.00) ! DFC Grant was not renewed 20 2135 57200 5010 $ (3,426.96) DFC Grant was not renewed 20 2135 57202 5010 $ (4,377.96) _ _ DFC Grant was not renewed 20 2135 57203 5010 $ (5,535.96) DFC Grant was not renewed 20 2135 57204 5010 $ (2,279.04) DFC Grant was not renewed 20 2135 57400 5010 $ (18,659.04) DFC Grant was not renewed 20 2135 57500 5010 $ (4,926.96) DFC Grant was not renewed 20 2135 60101 5010 $ (395.04) DFC Grant was not renewed 20 2135 33100 5010 $ (125,000.00) DFC Grant was not renewed 20 2123 33100 5018 $ 7,410.00 20 2123 41210 5018 $ 6,690.00 20 2123 55000 5018 $ 720.00 ___ _ _ __ 20 2135 33100 5025 $ 1,208.50 20 2135 57400 5025 $ 1,208.50 20 1840 85000 6003 $ 66,565.35 ~ 20 1840 33100 6003 $ 66,565.35 20 5200 93407 6003.10397 $ 14,000.00 20 5200 33100 6003.10397 $ 14,000.00 20 5200 93407 6003.10397 $ 43,638.60 20 5200 33100 6003.10397 ~$ 43,638.60 _ 20 ___ 1840 85000 6003.10410 $ 21,000.00 _ 20 1840 33100 6003.10410 $ 21,000.00 20 1840 85000 6003.10411 $ 21,000.00 I 20 1840 33100 6003.10411 $ 21,000.00 ' 20 1840 85000 6003.40 $ 6,100.00 20 1840 33100 6003.40 $ 6,100.00 20 1840 85000 6003.44 $ 39,225.00 20 1840 33100 6003.44 $ 39,225.00 20 5200 55000 6009 $ 85,000.00 _ 20 5200 33100 6009 $ 78,761.00 ___ 20 2135 41200 5010 $ 16,067.70 DFC Extension 20 2135 33100 5010 __ ; $ 16,067.70 __ __ _ DFC Extension $ 241,497.66 $ 238,655.66 $ 2 842.00 Row labels Sum of Expenditures Sum of Revenues 5001 $1,282.51 $48,679.51 $ 47,397.00 _ 5010 ($64,932.30) {$108,932.30) $ (44,000.00) _ __ 5018 $7,410.00 $7,410.00 $ - 5025 $1,208.50 $1,208.50 $ - ~ 6003 6003.10397 $66,565.35 $57,638.60 $66,565.35 $57,638.60 $ - $ - _ ! ~ 6003.10411 $21,000.00 $21,000.00 $ - 6003.10410 $21,000.00 $21,000.00 $ - 6003.40 $6,100.00 $6,100.00 $ - 6003.44 $39,225.00 $39,225.00 $ - 6009 $85,000.00 $78,761.00 $ (6,239.00) (blank) $ _ Grand Total $241,497.66 $238,655.66 $ (2,842.00) F:\BUDGET\FY2014\FY2014 Budget -Grant Carryfoward.xlsx Meridian City Council Meeting DATE: February. 4, 2014 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. First Reading of Ordinance No. ~ ~ ~" ~~~ ~P : An Ordinance Amending Title 10, Chapter 7, Section 12, Meridian City Code, known as the Meridian Impact Fee Ordinance Schedule; to Provide for an Amendment to the Police, Fire and Parks and Recreation Impact Fee Schedules MEETING NOTES ~,~~Yl~y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: EalAAl1.ED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 4, 201.4 ITEM NUMBER: 12A PROJECT NUMBER: ITEM TITLE: Hearing on an Appeal of an Impact Fee Administrator's Decision on an Impact Fee Individual Assessment Request MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE:. E-MAILED TO 8TAFF 8ENT TO AGENCY SENT TO APPLICANT NOTES INITUU.3 Meridian City Council Meeting DATE: February 4, 2014 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. ~ y ~ ~~~~ : An Ordinance (AZ 13-005 -Paramount Northeast) For Annexation Of A Parcel Of Land Located In The NW'/. Of The Ne'/. Of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, And A Parcel Of Land Located In The NW'/4 Of The Ne'/. Of Section 25, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To C-C (Community Business), TN-C (Traditional Neighborhood Center) And R-8 (Medium Density Residential District) MEETING NOTES ~A ., Community Item/Presentations Presenter Contact Info./Notes GLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 21 BOISE IDAHO 02105!14 03:27 PM DEPUTY Bonnie Oberbillig 'II II'IIIII'I'II'IIIIIIIII'I'~I III'II RECORDED-REQUEST OF 114009330 Meridian Ciry __ ` ___-- CITY OF MERIDIAN ORDINANCE NO. / l '' ~ 5~7 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-005 -PARAMOUNT NORTHEAST) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NW '/a OF THE NE '/a OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND A PARCEL OF LAND LOCATED IN THE NW '/a OF THE NE 1/a OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, 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 C-C (COMMUNITY BUSINESS), TN-C (TRADITIONAL NEIGHBORHOOD CENTER)AND R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BYLAW; AND PROVIDING FOR A SUMMARY OF THE 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 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" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Brighton Development, Inc. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business), TN-C (Traditional Neighborhood Center) and R-8 (Medium Density Residential) Districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the i"'~ laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION -PARAMOUNT NORTHEAST (AZ 13-005) Page 1 of 3 r'"~, SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. 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 from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the /'\ effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,~~ day of -'I.~.G , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~''1 ~~day of , 2014. MAYOR MY de WEERD ANNEXATION -PARAMOUNT NORTHEAST (AZ 13-005) Page 2 of 3 /"\ ~~ ~~ STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of ~ , 2014, before me, the undersigned, a Notary Public in and for said State, personally appear AMMY de WEERD and 37~CEE L: F ~ acc,(~ o nes known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~••Cj~, ~~~,~' ~•~ NOTARY PUBLIC FOR AHO . ;: ~ ~~~ ~ RESIDING AT: T J • MY COMMISSIO EXPI S: ~ q- ~ $ i ; ~ -~' .~ • •~••.~• ANNEXATION -PARAMOUNT NORTHEAST (AZ 13-005) Page 3 of 3 Exhibit A .~ ~~ ~i~~ • THE LAND GROUP, 1NC. Date: May 21, 2013 Project No. 113901 PARAMOUNT NORTHEAST ANNEXATION DESCRIPTION A parcel of land located in the NE 1/4 of Section 25, T. 4 N., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the section comer conunon to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M., (from which point the 1/4 Section Corner common to said Sections 24 and 25 bears North 89°37'01" West, 2669.33 feet distant); ,~ Thence South 00°25'09" West, 975.74 feet on the section line common to said Sections 25 and 30; Thence. North 89°36'40" West, 1989.76 feet to a point on the easterly right-of- way line of North Fox Run Way, said point also being on the easterly boundary line of Paramount Subdivision No. 5, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10969 of Ada County Records; Thence on the easterly boundary line of said Paramount Subdivision No. 5 for the following courses and distances: Thence North 00°33' 16" East, 153.06 feet to a point of curve; Thence 161.04 feet on the arc of a curve to the left, said curve having a nidius of 206.50 feet, a central angle of 44°41'01" and a chord distance of 156:99 feet which bears North 21 °47' 15" West; Thence North 44°07'45" West, 267.59 feet to a point of curve; Thence 93.95 feet on the arc of a curve to the right, said curve having a radius of 120.50 feet, a central angle of 44°40' 10" and a chord distance of 91.58 feet which bears North 21 °4740" West; ~""\ Thence North 00°32'25" East, 200.63 feet to a point of curve; LoarlagosAmbik~wn • Sat P/•xeiig • GwlE,yjanirg • Go~Cexrx briguir e'r F.+~~aiig • Gr-~r6rc Cwww+romaoa 462 E. Shore Drive, Sre. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • ~\ /~.•~, i~ // w! ~. i u == THE I:AND GROUP. ]NC Thence 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 4l ° 14'48" and a chord distance of 14.44 feet which bears North 21°09'49" East to a point of reverse curve; Thence 33.11 feet on the arc of a curve to the left, said curve having a radius of 46.00 feet, a central angle of 41 ° 14'48" and a chord distance of 32.40 feet which bears North 21°09'49" East; Thence North 00°32'25" East, 85.09 feet to a point of curve; Thence 31.36 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 89°50'34" and a chord distance of 28.25 feet which bears North 45°27'42" East; Thence North 00°22'59" East, 52.00 feet to a point on the section line common to said Sections 24 and 25; ./"ti, Thence leaving the boundary line of said Paramount Subdivision No. 5, South 89°37'01" East, 2233.93 feet on the section line common to said Sections 24 and 25 to the point of beginning. Said parcel contains 48.32 acres more or less. Also including: A parcel of land located in the NW 1/4 of the NE 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner. common to Sections 24 and 25 of said T. 4 N., R. l W., and S,ections.l9 and 34 of T. 4 N., R. 1 E., B.M.; Thence North 89°37'01" West, 2669.33 feet on the section line common to said Sections 24 and 25 to the 1/4 Section Corner common to said Sections 24 and 25, said point being the REAL POINT OF BEGINNING; Thence reversing direction, South 89°37'01" East, 303.40 feet on the section line common to said Sections 24 and 25; .Thence leaving said section line, South 00°22'59" West, 52.00 feet to a point of curve on the westerlyright-of--way line of North Fox Run Way, said point also being on ~ the westerly boundary line of Paramount Subdivision No. 5, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10969 of Ada County Records; / 2 I~sArrapsAn6itemarr • Site P/exaiig . Grl E~uuApiirj • Ge~Cerrxr Irri~oJiea ~' E~jNeainb . G,n~Gir G,w~a~rxiaaAiex 462 E. Shore Drive. Sa. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • ~~ ~~-•, ~ ~ ~~ THE LAND GROUP, INC. Thence on the westerly and northerly boundary, line of said Pazamount Subdivision No. 5 for the following courses and distances: Thence 31.47 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°09'26" and a chord distance of 28.32 feet which bears South 44°32'18" East; Thence South 00°32'25" West, 84.73 feet to a point of curve; Thence 33.1 l feet on the azc of a curve to the left, said curve having a radius of 46.00 feet, a central angle of 41°14'48" and a chord distance of 32.40 feet which bears South 20°04'59" East to a point of reverse curve; Thence 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 41°14'48" and a chord distance of 14.44 feet which bears South 20°04'59" East; ~"`~ Thence South 00°32'25" West, 200.63 feet to a point of curve; Thence 139.94 feet on the arc of a curve to the left, said curve having a radius of 179.50 feet, a central angle of 44°40'10" and a chord distance of 136.43 feet which bears South 21 °4T40" East; Thence South 44°07'45" East, 149.80 feet; Thence South 45°52'15" West, 25.00 feet; Thence North 86°15'58" West, 225.83 feet; Thence North 89°26'44" West, 254.00 feet to a point on the north-south mid- section line of said Section 25,; Thence leaving the northerly boundary line of said Paramount Subdivision No. 5, North 00°32'25" East, 638.03 feet on the north-south mid-section line of said Section 25 to the real point of beginning. Said parcel contains 5.25 acres more or less._,_,_._.~..,, PREPARED BY: EVIE ROYAL THE LAND GROUP, ~~ James R. WasLburn, PLS MAY 2 1 2013 M WORKS DEPTIC Loxdna~itA~ihrlxn •SAi Plsxxirg • Gi"ilExdixrnrg . Go~'Gxrn Imaarrox c'rF.~xa~ixa • GrgaGit Gwarxx~rox 462 S Shoo-Drive, Ste.100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • ~. Title: ~ ~ NLcx~-1-10N ~ Fs s cR 1 PT 1 O N 1 Date: OS-21-2013 Scale: finch = 300 feet File: Tn~et 1: 48316 Aces: 2104640 Sq Feet: Closure = n70.5715w 0.01 Fat Precision >1N99999 OOI-s00.2509w 975.74 002~1189.3640w 1989.76 003=n00.3316e 153.06 t.als.a u6.s91o1 005-n44.0745w 267.59 006: R-1~p, DeIw44.4010 1.4740w. C'6d~91.it 007ar100.3225e 200.63 ao,: tt-~o.w~o.w-~I.aoa R~16. DdorM1~114i en~l' 1.~~40 010~100.3225e 85.09 Perimeter • 6292 Feet oft: ~ao~~.sos4 012at100.2259e 52.00 013=s89.3701e 2233.93 /",.'! (Title: iANNsxhTlo+~~~s~R)pT/b/V ~Z> (Date: 05-01-2013 Scale: linch =120 feet File: Tract 1: 5245 Acres: 228472 Sq Feet: Closure = s67.5819e 0.01 Feet: Prccisioe =11323120: Perimeter ~ 2153 Feet 001=s89.3701e303.40 ~~°µ•~M= O11~t86.1558w225.83 002~002259w 52.00 007~.3225w 200.63. 012=n892644w 254.00 in k00ti°~ ~i Rii ~~4010 O! 3~00.3225e 638.03 004=s00.3225w 84.73 009=s44.0745e 149.80 a~RC~u~°oti~a°~a ~ O10~s45.521 Sw 25.00 ~'"'~ ~~ /~..~ ~i ~~ •-~ `~ THE LAND GROUP, INC. Date: April 25, 2013 Project No. 113901 PARAMOUNT NORTHEAST ZONE CC (1) DESCRIPTION A parcel of land located in the NW l/4 of the NE 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M.; Thence North 89°37'01" West, 2669.33 feet on the section line common to said Sections 24 and ZS to the 1/4 Section Comer common to said Sections 24 and 25, said point being the REAL POINT OF BEGINNING; -~`` Thence reversing direction, South 89°37'01" East, 303.40 feet on the section line common to said Sections 24 and 25; Thence leaving said section line, South 00°22'59" West, 52.00 feet to a point of curve on the westerly right-of-way line of North Fox Run Way, said point also being on the westerly boundary line of Paramount Subdivision No. S, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10.969 of Ada County Records; Thence on the westerly and northerly boundary line of said Paramount Subdivision No. S for the following courses and distances: Thence 31.47 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°09'26" and a chord distance of 28.32 feet which bears South 44°32'18" East; Thence South 00°32'25" West, 84.73 feet to a point of curve; Thence 33.11 feet on the arc of a curve to the left, said curve having a radius of 46.00 feet, a central angle of 41 ° 14'48" and a chord distance of 32.40 feet which bears South 20°04'59" East to a point of reverse .curve; Thence 14.76 feet on the arc of a curve to the right,~said curve having a radius of 20.50 feet, a central angle of 41 °l4'48" and a chord distance of 14.44 feet which bears ''~ South 20°04'59" East; loxdra~ir.4sudrttKtxn • Sits Plo~wxa • CnrlE~aarttg • GsIJrCs,trn lmpeliea e3' E+~q~ani~ • Gn~i~Eoit Cairirr~tistr 4b2 E. Shore Ihive, Sa.100, Eagk, Idaho 83b1b • P 208.939.4041 F 208.939.4445 • ~vnw.thcituiorty in nm ~~ //~ . ~ ~ • ~~ THE LAND GSOUP, INC. Thence South 00°32'25" West, 200.63 feet to a point of curve; Thence 139.94 feet on the arc of a curve to the left, said curve having a radius of 179.50 feet, a central angle of 44°40'10" and a chord distance of 136.43 feet which bears South 21 °4740" East; Thence South 44°07'45" East, 149.80 feet; Thence South 45°52'15" West, 25.00 feet; Thence North 86° 15'58" West, 225.83 feet; Thence North 89°26'44" West, 254.00 feet to a point on the north-south mid- seetionline of said Section 25; Thence leaving the northerly boundary line of said Paramount Subdivision No. S, North 00°32'25" East, 638.03 feet on the north-south mid-section line of said Section 25 ~ to the real point of beginning. Said parcel contains 5.25 acres more or less. REVI PROVAL 6Y MAY 212013 MERIDIAN PUBLIC WORKS DEPT. James R. Washburn, .PLS !`\ 1 2 Lwrdrarfie A>~itettaa .Sits Ploxaard . CirilEigiea~inj • Ge~Coxrn lnidadie~ e3' Exg~nnixa . Gmpbic Cawarx~dratien 462 E. Shore Drive, Ste. 100, Eaglc, Idaho 83616 • P 208934.4041 F 208.939.4445 • ar~++~.*_~+~_ellnd¢rtx' 'n °m PREPARED BY: TIIE LAND GROUP, INC. .~'"`~ Title: ZONE CC (I) DESCRIPTION Date: OS-O1-2013 Scale: finch =120 feet File: Tract 1: 5.245 Acres: 228472 Sq Feet: Closure = s67.S819e 0.01 Feet: Precision =1/323120: Perimeter= 2153 Feet 001=s89.3701e303.40 ~ R~asot~~~•~wa 011~86.1558w225.83 002~00.2259w 52.00 007=s00.322~p5~w~ 2y0~0.63 012~89.2644w 254.00 ~{N21.4~~0C1/~I~bgAD10 013=n00.3225e 638.03 004-s00.3225w 84.73 ~s44.0745e 149.80 ~~~~ O10=s45.5215w 25:00 ,_ ~"''ti iii "~~ 7HE LAND GROUP, INC. Date: Apri125, 2013 Project No. 113901 PARAMOUNT NORTHEAST ZONE CC (2) DESCRIPTION A parcel of land located in the NW 1/4 of the NE 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M.; Thence North 89°37'01" West, 2669.33 fat on the section line common to said Sections 24 and 25 to the 1/4 Section Corner common to said Sections 24 and 25; Thence reversing direction, South 89°3?'01" East, 435.40 feet on the section line common to said Sections 24 and 25 to the REAL POINT OF BEGINNING; Thence continuing South 89°37'01" East, 699.30 feet on the section line common to said Sections 24 and 25; Thence leaving said section line, South 00°32'25" West, 725.59 feet; Thence North 89°36'40" West, 477.15 feet to a point on a curve on the easterly right-of--way line of North Fox Run Way, as same is shown on the Plat thereof recorded in Book 92 of Plats at Page 10969 of Ada County Records; Thence on the easterly boundary line of said Paramount Subdivision No. 5 for the following courses and distances: Thence 60.21 feet on the arc of a curve to the left, said curve having a radius of 206.50 feet, a central angle of 16°42'22" .and a chord distance of 60.00 fat which bears North 35°46'34" West; Thence North 44°07'45" West, 267.59 feet to a point of curve; Thence 93.95 feet on the arc of a curve to the right, said curve having a radius of ~., 120.50 feet, a central angle of 44°40'10" and a chord distance of 91.58 fat which bears North 21°47'40" West; ~- 1 LondiaoltrtAKGilatirn • Sih Plorairg • GarlE~ix~ai~ • GoJ'Carru Irii~r e5' E~xeni~ • Gr+ap~bic CMriarwiaoltie 462 E Shore Drive, Scc.100, G~glc, Idaho 8367 6 • P 208.939.4041 F 208.939.4445 • r,..,~ ~~ i~ ~~ ~~ THE LAND GROUP, 1NG Thence-North 00°32'25" East, 200.b3 feet to a point of curve; Thence 14.76 feet on the arc of a curve to the right, said curve having a radius of 20.50 feet, a central angle of 41°14'48" and a chord distance of 14.44 feet which bears North 21°09'49" East to a paint of reverse curve; Thence 33.11 feet on the arc of a curve to the left, said curve having a radius of 46.00 feet, a central angle of 41 ° 14'48" and a chord distance of 32.40 feet which bears North 21°09'49" East to a point of reverse curve; Thence North 00°32'25" East, 85.09 feet to a point of curve; .~ Thence 31.36 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 89°50'34" and a chord distance of 28.25 feet which bears North 45°27'42" East; Thence North 00°22'59" East, 52.00 feet to the real point of beginning. Said parcel contains 11.30 acres more or less. PREPARED BY: THE LAND GROUP, INC. REVI W PROVAL BY MAY 212013 MERIDIAN PUBLIC WORKS DEPT. 1 Los~lrropr Arrbi~ertan +Siuu Ploxaiea • Civil F~iNirrixd • G•~Grrrs i'rri~otias a5' EAgxwriroa • G,gbrt Ce/AgINR%LQrl09 X162 E. Shorc Drive, Ste.100, Eagle, Idaho 83616 • P 206.939.4041 F 2.939.4445 • ~vw~v.Ll+d~+~,rorr-~pi_*_c.c°m 2 . ~~ ~~ Title: z, O N 6 C C ~2 17 E3 C R (pT 10 N Date: OS-O 1-2013 Scale: finch =120 feet File: Tract 1: 11.303 Acres: 492340 Sq Feet: Closure = n31.0907e 0.01 Fed: Precision =1279844: Perimeter =2741 Feet 001~89.3701e699.30 oos: R-i ud~w•a~o ou: Rm, sou i.n~a~0'SOCwa-9~.ss e.~sa~a~00t 002=s00.3223w 725.59 007~003225e 200.63 012~00.2259e 52.00 003=n89.3640w 477.15 aa: a xR's°s°a°~tO'"i•i"r RA63~4w. C7id~60.~a~ OAi9FCh~=.~IMi 005=n44A745w 267.59 O 10=n00.3225e 85.09 :i~i~~ ~, ~~ .~~ THE LAND GROUP, INC. Date: Apri130, 2013 Project No. 113901 PARAMOUNT NORTHEAST TN-C ZONE DESCRIPTION A parcel of land located in the NE 114 of Section 25, T. 4 N., R 1 W., B. M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections 24 and 25 of said T. 4 N., R 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M., said point being the REAL POINT OF BEGINNING; and 25; ~"`~ Thence North 89°36'40" West, 477.1 S feet to a point of curve on the easterly right-of-way line of North Fox Run Way, said point also being on the easterly boundary line of Paramount Subdivision No. S, as same is shown on the Plat thereof recorded in $ook 92 of Plats at Page 10969 of Ada County Records; Thence 100.83 feet on the arc of a curve to the right, said curve having a radius of 206.50 feet, a central angle of 27°58'38" and a chord distance of 99.83 feet which bears South 13°26'03" East on said Subdivision boundary line; Thence North 89°37'01" West,1534.b2 feet on the section line common to said Sections 24 Thence South 00°32'25" West, 725.59 feet; Thence South 00°33' 16" West, l 53.06 feet on said Subdivision boundary line; Thence North 79° 16'52" East a distance of 27.46 feet to a point of curve; Thence 70.53 feet on the arc of a curve to the left, said curve having a radius of 278.00 feet, a central angle of 14°32' 11 ", a chord bearing of North 72°00'47" East, and a chord distance of 70.34 feet to a point of reverse curve; Thence South 89°36'40" East, 316.00 feet; Thence North 89°06'16" East a distance of 16.62 feet to a point of curve; Thence 50.92 feet on the arc of a curve to the left, said curve having a radius of 253.00 feet, a central angle of 11 °31'57", a chord bearing of North 85°02'50" East, and a chord distance of 50.84 feet; Site Planning • Landscape Architecture • Civil Engineering • Golf Course irrigatbn & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgrouptnc.com .~ Thence 694.91 feet on the arc of a curve to the right, said curve having a radius of 1538.51 feet, a central angle of 25°52'45 ", a chord bearing of North 77°41'04" East, and a chord distance of 689.02 feet; Thence South 89°34'51 " East a distance of 454.22 feet to a point of curve; Thence 72.52 feet on the arc of a curve to the left, said curve having a radius of 500.00 feet, a central angle of 08°18'37", a chord bearing of North 86°15'50" East, and a chord distance of 72.46 feet to a point of reverse curve; Thence 72.52 feet on the arc of a curve to the right, said curve having a radius of 500.00 feet, a central angle of 08°18'37", a chord bearing of North 86° 1 S'S0" East, and a chord distance of 72.46 feet; Thence South 89°34'51 " East a distance of 242.02 feet to a point on the Section Line common to said Sections 25 and 30; Thence North 00°25'09" East, 781.58 feet on the section line common to said Sections 25 and 30 to the real point of beginning. Said Parcel contains 31.27 acres more or less. PREPARED BY: THE LAND GROUP, INC. REVI PPROVAL BY,_.._ MAY 2'L 2013 James R. Was6buru MERIDIAN PUBLIC WORKS DEPT. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com /"\ ~"'~ Title: PARAMOUNT NORTHEAST TN-C ZONE DESCRIPTION Date: 05-01-2013 Scale: finch = 280 feet File: Tract 1: 31266 Acres: 1361961 Sq Feet: Closure - n173436e 0.01 Fat: Precision =1/611892: 001-n89.3701w 1534.62 002~00.3225w 725.59 003~189.3640w 477.1 S 001: Rc R- uaq~nscli Ba~i3.b~.t3 005-s00.3316w 153.06 006~s89.3640e 316.00 o007rn89.0616e 16.62 oa. u. R~xsso~~is ls~ e009~179.1652e 27.46 0g1~0: LL Rpp1ppIT11~~A~~.at0,03S4,3211 OBI ~R4101SCIId~619~02 S2AS 012~s893451e 454.22 Perimeter= 5791 Feet ols• R-saaonar-a.lar o~n ~~ tan 015~893451e 242.02 016=n002509e 781.58 ~""~ ~' ~-~ ~~ ~~ THE LAND GROUP, INC. Date: Apri125, 2013 Project No. 113005 PARAMOUNT NORTHEAST R-8 ZONE DESCRIPTION A parcel of land located in the NE 1/4 of Section 25, T. 4 N., R.1 W,, B. M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Comer common to Sections 24 and 25 of said T. 4 N., R. 1 W., and Sections 19 and 30 of T. 4 N., R. 1 E., B.M.; Thence South 00°25'09" West, 781.58 feet on the section line common to said Sections 25 and 30 to the REAL POINT OF BEGINNING; ~` Thence continuing South 00°25'09" West,194.16 feet on the section line common to said Sections 25 and 30; Thence North 89°36'40" West, 16?3.76 feet; Thence North 89°06' 16" East a distance of 16.62 feet to a point of curve; Thence 50.92 feet on the arc of a curve to the left, said curve having a radius of 253.00 feet, a central angle of 11 °31'57", a chord bearing of North 85°02'50" East, and a chord distance of 50.84 feet; Thence North 79° 16'52" East a distance of 27.46 feet to a point of curve; Thence 70.53 feet on the arc of a curve to the left, said curve having a radius of 278.00 feet, a central angle of 14°32' I 1 ", a chord bearing of North 72°00'47" East, and a chord distance of 70.34 feet to a point of reverse curve; Thence 694.91 feet on the arc of a curve to the right, said curve having a radius of 1538.5 l feet, a central angle of 25°52'45", a chord bearing of North 77°41'04" East, and a chord distance of 689.02 feet; Thence South 89°34'51" East a distance of 454.22 feet to a point of curve; Thence 72.52 feet on the arc of a curve to the left, said curve having a radius of 500.00 feet, a ~ central angle of 08° 18'37", a chord bearing of North 86°15'50" East, and a chord distance of 72.46 feet to a point of reverse curve; Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying QF7 F Chnrn rlrivo t~.it~ 1M ~ Cs.ls I.t.f... seC1G ~ O 1110 °~° ~n~~ ...«..... rV..1~_J_.~..~t..~ ___ ~"'`~ Thence 72.52 feet on the arc of a curve to the right, said curve having a radius of 500.00 feet, a central angle of 08°18'37", a chord bearing ofNorth 86°15'50" East, and a chord distance of 72.46 feet; Thence South 89°34'S 1 " East a distance of 242.02 feet to the real point of beginning. Said Parcel contains 5.74 acres more or less. ,~ James R. Washburn, PLS PEV PPROVAL BY MpY 2 't 2013 MERIDIAN PUBLIC WORDS DEPT. ,~ Site Planning • landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive. Suite 100 • Ea¢le. Idaho 83616 • P 20A.939.4g47 • F ~f1R.9~9.4dQ5 • wu,w rF,aian.le.n~~..l... ,,..... PREPARED BY: THE LAND CROUP, INC. ^~ PARAMOUNT NORTHEAST R-8 ZONE DESCRIPTION (Title: ~ Date: OS-01-2013 ~ Scale: finch = 225 feet (File: /"`\ Tract 1: 5.747 Apes: 250340 Sq Feet: Closure s n29.5644e 0.00 Fat: Precision =1/994429: 001=s00.2509w 194.16 002=n89.3640w 1673.76 003~r189.0616e 16.62 OOS=n79.1652e 27.46 006: Lt R-27iA0. De1~.2211 ~72. i~ Q~d"Deltr~ sb13 008® =s8119.34514 a 454.22 Perimeter - 3570 Fat 009: R 100. ~YtrOi.IB37 ISSO~ 72.6 OA1S~.00.[>~.1i17 O l l =s89.34C51 a 22.42.02 /"''~ Exhibit B i _. ~ s c c c R ~~~~~~~ f4ttfi~ ~: i; /-y ~! ;~ i! ,. ~~ _,~_ ~ -- ~ ~ ~~l n 8~ _I,~ I ~~ ~i I ~-__ r ~...~ I~ I ~~ #t1 41 i ~~ li 1~ l pl pi _ 0 i....__...~ m ^~ A ~I I I ~I~ i ( ~ ~ ' " ~~~ t.t ~ ~~~ ,~ i i i i ~}~ ~~~ w (i 1 i ANNEXATION ~ ZONING III PARAMOUNT NORTHEAST I :3 _-:~