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2014-04-01~'r~_ ,', CITY C®UNCIL REGULAR MEETING AGEN®A City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 01, 2014 at 6:00 PM 1. Roll-Call Attendance David Zaremba Joe Borton Charlie Rountree Keith Bird Genesis Milam Luke Cavener Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Rhonda Harding with Four Square Gospel Church 4. Adoption of the Agenda: . 5. Proclamation A. Parkinson's Awareness Month 6. Consent Agenda: ~' A. Approve Minutes of March 11, 2014 City Council Meeting B. Approve Minutes of March 18, 2014 City Council Meeting C. i D. Resolution No. Resolution for Request for Disposal/Trade-in of (6) Cardiac Monitor/Defibrillators with a Disposal /trade-in Value of $43,000.00 E. Memorandum of Agreement with Ucon, Idaho: Incident Tracking System and E-Citation Software F. Police Department: Dog Licensing Designee Agreement for Linder Pet Medical Care Meridian City Council Meeting Agenda -Tuesday, April 01, 2014 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Police Department: Budget Amendment for Full-time Lateral Police Officer 7 8. H. FP 14-011 Paramount Subdivision No. 25 by Brighton Investments, LLC Located West of N. Meridian Road and South of Producer Drive, North of W. McMillan Road Request: Final Plat Approval Consisting of Fifty (50) Single Family Residential Building Lots and One (1) Common Lot on 9.17 Acres of Land in an R-8 Zoning District I. Findings of Fact, Conclusions of Law for Approval: AZ 13-015 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres) Zoning Districts J. Findings of Fact, Conclusions of Law for Approval: PP 13-030 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of Forty-Nine (49) Building Lots and Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G, R-40 and TN-C Zoning Districts K. Final Order for Approval: FP 14-007 Spurwing Orchard No. 3 by Brighton Investments, LLC Located North Side of Chinden Boulevard, West of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Single Family Residential Lots and Four (4) Common Lots on Approximately 25.85 Acres in the R-4 Zoning District L. Final Order for Approval: FP 14-008 Solterra by Conger Management Group Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Four (4) Commercial Lots, Forty-Three (43) Residential Lots and Eight (8) Common/Other Lots on Approximately 16.22 Acres in an C-G, L-O and R-15 Zoning Districts M. Sale and Purchase Agreement for Ada County Highway District (ACHD) Surplus Property "Parcel 23" Adjacent to City Well 19 fora Cost of $18,000.00 N. CableONE Movie Night in Meridian 2014 Single-Night Sponsorship Agreement Between RC Willey and the City of Meridian for aNot-to-Exceed Amount of $350.00 Community Items/Presentations A. Mayor's Youth Advisory Council Update Items Moved From Consent Agenda Meridian City Council Meeting Agenda -Tuesday, April 01, 2014 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Action Items A. Continued from March 25, 2014: Public Hearing: PP 13-042 Centre Point Square by Center Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of Land in an R-15 Zoning District _ ~__ _ _ _ B. Continued from March 25, 2014: Public Hearing: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi-Family to Single Family 10. Department Reports A. Fire Department: Budget Amendment for Apparatus Repair for the Not-to- Exceed Amount of $19,068.00 , 11. Future Meeting Topics 12. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation ~. Meridian City Council Meeting Agenda -Tuesday, April 01, 2014 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ri ian iy nil satin ~4T :April 1, 2014 IT U 6A J 1' U ITEM TITLE: Approve Minutes of March 1 1, 2014 City Council Meeting MEETING NOTES ~, ht~st_ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO I SENT TO I SENT TO I NOTES INITIALS STAFF AGENCY APPLICANT Meridian City Council Workshop March 11, 2014 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, March 11, 2014, by council President Charlie Rountree. Members Present: Charlie Rountree, David Zaremba, Keith Bird, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Warren Stewart, Kyke Radek, Bill Parson, Justin Lucas, Michael de St. Germain, Perry Palmer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener Mayor Tammy de Weerd Rountree: Good afternoon and welcome, everybody. The time is 3:00 o'clock and I'm opening the Tuesday, March 11th, City Council Workshop. First item on the agenda is roll call. Item 2: Pledge of Allegiance Rountree: Next item on the agenda is the Pledge of Allegiance. If you would, please, join us. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda Rountree: Item 3 is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On Item 4-B, that resolution number is 14-908. And with that I move that we approve the agenda as published. Zaremba: Second. Meridian City Council Workshop March 11, 2014 Page 2 of 45 Rountree: It's been moved and seconded to approve the agenda. All those in favor signify by aye. Any nays? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. Final Order for Approval: FP 14-005 Paramount Subdivision No. 24 by Brighton Investments, LLC Located South of W. Chinden Boulevard and West of N. Meridian Road Request: Final Plat Approval Consisting of Thirty-Two (32) Single Family Residential Building Lots and Four (4) Common Lots on 12.36 Acres of Land in an R-8 Zoning District B. Final Order for Approval: TEC 14-001 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard and West of Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat C. Final Order for Approval: FP 14-006 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road Approximately 1/3 Mile East of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Three (3) Common/Other Lots on 4.38 Acres of Land in an R-8 Zoning District D. CableONE Movie Night in Meridian 2014 Single-Night Sponsorship Agreement Between the Meridian Library District and the City of Meridian for aNot-to-Exceed Amount of $700.00 E. Approval of Cooperative Agreement between the City of Meridian and Valley Regional Transit for "Annual Dues and Service Contribution" for aNot-To-Exceed Amount of $137,426.00 F. CableONE Movie Night in Meridian 2014 Single-Night Sponsorship Agreement Between Dental Care for Kids and the City of Meridian for aNot-to-Exceed Amount of $350.00 G. Resolution No. 14-980: Authorizing the City Clerk to Destroy Certain Semi-Permanent Records of the Information Technology Department Rountree: Next item is the Consent Agenda. Meridian City Council Workshop March 11, 2014 Page 3 of 45 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the Consent Agenda, including Item G, which is the proposed resolution number 14-980 and for the President to sign and the Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Community Items/Presentations A. Police Department: Swearing In of New Police Officers Rountree: Next item on the agenda -- and I think what most of you are here for today, is the Police Department swearing in of new police officers. Jeff. Lavey: Mr. President, Council, thank you for the opportunity to present today. This is probably the -- the best time that we have coming in front of Council, introducing the new employees to the city. I would like to have the three officers come up now and stand over here and allow me to give a quick introduction before we do the oath of office. They also have several family members that are here today, as well as fellow police officers to witness this. So, it's my pleasure to announce that we have hired three additional police officers. All of these officers come to you with previous experience. Two of them came from a state to the south of us and one of them came from an organization here in Idaho. Two of them have elected to take up residency in the City of Meridian. They actually want to live in the community for which they work and we won't hold it against the third one, but he wanted a little more acreage and the prices were a little too high in Meridian, so he had to go a little farther west. But all three of them are -- have over five years of experience with other agencies and they are currently in their advanced training here at the Meridian Police Department. So, I would like to introduce to you Brian Albers and Jake Simon, and I'm amazed that they are standing in the order for which I have their names. That was not coordinated. And Mike Netherton. So, if you gentlemen would raise your right hand and repeat after me. I, state your name, do solemnly swear or affirm, that I will support the Constitution of the United States and the constitutional laws of the state of Idaho and the laws and ordinances of the City of Meridian; that I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department; that I will obey all lawful orders of those Meridian City Council Workshop March 11, 2014 Page 4 of 45 -- from those appointed over me and that I will, to the best of my ability, faithfully discharge all the duties of police officer in and for the City of Meridian, State of Idaho, so help me God. (Repeated by officers.) Lavey: Congratulations, gentlemen. So, at this time if there is some family that would like to take pictures, you can come close, you don't have to like do it from the audience. Council will allow that. And if Council has any comments we will take those. Bird: Mr. President? Rountree: Mr. Bird. Bird: Welcome to Meridian and I know you will do us a great job. We are glad to have you. Thank you very much for serving us. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would second that. Welcome. Our police department as a group and individuals are very well received in this community, because everybody is very proud of them and they are very community oriented and we appreciate you adding yourselves to that. So, welcome, we are glad to have you here. Rountree: Brian, Jake and Mike, welcome to Meridian. We are proud that you selected our community to come to work with us and be part of our community, but particularly thankful for your family to allow you to do the jobs you do in any instance it's a profession that I think we all understand and many of us wonder why -- at some point in time why anybody would choose that profession, but I'm glad you have, I'm glad you have chosen Meridian and welcome to you and your families and I hope you enjoy a long stay here and possibly can even retire from our community. Thank you. Cavener: Mr. President? I will just echo a lot of those comments, especially those to the -- the loved ones and family that are here to support these officers today. You truly do a service and I'm eternally grateful for your public service and your service to our community. I appreciate it. Thank you. Milan: Mr. President? Rountree: Mrs. Milam. Milam: Welcome to Meridian. Welcome to Idaho for those of you that are new here. know that you're going to love this community environment that we live in and we Meridian City Council Workshop March 11, 2014 Page 5 of 45 appreciate your stepping up to protect us and our loved ones and thank you to you and yours. Lavey: Mr. President, Council, thank you for your time today. B. Solid Waste Advisory Commission: Annual Report Presentation Rountree: Thank you, Jeff. The next item on the agenda is the annual report from the Solid Waste Advisory Commission, known as SWAC. Cory: Mr. President, Members of the Council, on behalf of the Commission I want to extend our best wishes. Last year was a very pleasant year for us. You have received an approved report from SWAC and I will just touch on highlights that are in that report. First I'd like to thank you for just the membership that we have had. We were fully staffed for the year with five citizen members, one youth commissioner, three city employees and two ex-officio members. One of the major items of the commission is to administer -- to administer the commercial recycling -- well, I guess before I get there. One of the biggest items from last year was the commercial recycling ordinance and SWAC concluded a year long project with City Council's approval of the commercial recycling ordinance. In 2013 we held two public input sessions at separate meetings and made some changes to the draft exemption before recommending the ordinance to City Council for approval. The ordinance was passed and went into effect April 29th of last year. One of the major items that we have that we take care of is administration of the community recycling fund program. Last year the beginning balance for the fund was just over 69,000 dollars, of which 23,000 had been set aside for the split corridor arts project and the dog park project. SWAC reviewed and recommended four additional applications for City Council approval continued to monitor the split corridor arts project. The successful projects last year were the Meridian Youth Baseball bleachers at Settlers Park for the City of Meridian Parks and Recreation. Eighth Street Park playground equipment. For the City of Meridian small grant to develop a video to encourage recycling and also for the Parks and Recreation Department obtaining recycling containers for Heroes and Julius Kleiner Park. At the completion of that the balance of the account was 1,000 dollars, which leads me into our next item, which is secondary markets around the area and they have been extremely soft for well over a year. While the recycling program grows within the City of Meridian and receives found attention, the amount of money that has come back from recycling has been -- well, there has been -- none has been coming back. We don't really have any indication that that market is going to come back soon, but we are -- as a commission we are looking for any source of additional revenue to go ahead and get funds into the community recycling fund, so that we can support projects that are involved in recycling and environmental activities in the city. Just hitting some of the other business activities for the last year, we monitored and reported to Council on Dynamis waste energy project at the Ada County landfill. We monitored the progress and developments related to changing from a -- the current volume based tipping fee system to a weight based system and I will express some more information on that in the next agenda item. We Meridian City Council Workshop March 11, 2014 Page 6 of 45 developed -- he continue to develop the -- well, we developed the Meridian residential curb side services chart to allow the customer service representative that answer calls from the citizens something to help them identify the difference between ourselves and any other cities to make it clear what you get when you pay your utility bill here in the City of Meridian. We analyzed and recommended changes to the format of the solid waste rate schedule. That created some categories for disposal, as well as collection, so that it was clearer where the money was going and reviewed and recommended to the City Council the approval of the rates proposed of FY-13 annual rate adjustment. We reviewed citizen input regarding noise levels related to early warning detecting -- collection activities at local schools and thanks to the help of Republic things were done to make the -- the citizens more comfortable with what was occurring. Some of the other activities, quickly, that occurred were visiting certain facilities throughout the valley that can take recycled materials to see when they would be in a position to take more material directly and, then, be available for numerous presentations from the citizens and Republic Services and the list is presented in the report. Looking forward to 2014, again, we will be -- I will talk a little bit about the tipping fee program that's occurring in the next agenda item. We will monitor the progress of the pilot grass recycling program and report back to you on its -- how it is progressing. We will continue to research and learn more about glass recycling opportunities. We will continue to expand the community recycling fund project -- program by locating new recycling revenue sources and as funds allow sponsor projects advertising CRFP to the public and processing, selecting and recommending to you project applications which fill the purpose of the requirements of the program. We continue to look at ways to use MYAC and our youth commissioner to get things advertised throughout the community and get people excited about our activities and we will be assisting the city in developing an electronic waste recycling program. In conclusion, it's been a productive year for SWAC and we will continue to learn as the commission -- as a commission and look forward to even greater productivity in the year to come and with that I would stand for questions. Rountree: Any questions for Steve? Bird: Mr. President? Rountree: Mr. Bird. Bird: Steve, do you have any idea -- or maybe Mr. President can answer this better -- what SWAC has given to this community since we -- we started this program? I mean I think I could name you probably 150,000 real fast, but I know that's just touching -- Rountree: I think you're probably looking somewhere between 150 and 300 thousand. can't tell you for sure. But it's -- it's a sizable amount of money and, obviously, it goes -- Bird: It's 88,000 right how and it goes right in -- it goes right back to the community. Rountree: It goes right back into the community. Meridian City Council Workshop March 11, 2014 Page 7 of 45 Bird: That's the greatest thing. Cory: Mr. President, Councilman Bird, thank you for that and, in fact, the good works go even before my time on the commission. There were some projects -- some playgrounds and such that were supported as much as ten years ago -- Bird: Yeah. Cory: -- and, of course, now we have set up a fairly solid program over the last couple of years, but, yes, I think the numbers we have discussed are pretty representative. Bird: Follow up? Rountree: Mr. Bird. Bird: I just appreciate what you guys do. This committee has just been very solid and what you give back to the community is unreal and I appreciate it and the community appreciates it. It's -- it's tax dollars saved by you guys being able to do it and you do it. I appreciate it. Rountree: Any other questions, comments? I just echo what Councilman Bird said. SWAC has come together over the years and has become very formalized, if you will, and have some processes and procedures now in place. They do a great job with the community. They do hear issues and resolve them typically before they get to us, which is grand. They also take on some pretty heavy stuff, like the next item they are going to be talking about with the rates and have done a lot extra work, way above and beyond what you would anticipate a committee to do to, essentially, keep us at status quo. But I won't steal all your thunder, Steve, but thank you and all your committee members. They are dedicated. I don't know that it -- it's seldom that they don't they a quorum at their meetings and they are able to do business. So, again, thank you. C. Solid Waste Advisory Commissions presentation on Proposed Ada County Landfill Tip Fee Schedule Cory: Thank you. Should I proceed with the next -- Rountree: Go on to Item C, please. 5-C. Cory: Also in 2013 we -- there was an ongoing process to discuss a change up at the landfill. The county had some desires to address some problems up there and they came in with a suggestion that it might be time to go ahead and change from a volume based rate system to a weight base system and while that may seem like it would be something that would administrative in nature, the ramifications were extreme, especially to the City of Meridian. It put in jeopardy the use of our -- our transfer station within the city and as we expressed to them, could -- well, the closing of the transfer station could bring another 80,000 trips per year across the valley of residents taking Meridian City Council Workshop March 11, 2014 Page 8 of 45 material up to the landfill, increasing the air pollution and other activity -- other detrimental effects in the community and all in all that was understood and received very well and it took us awhile, but we were able to come together on a consensus that I will discuss in a couple of minutes, but as of the meeting February 26th, the Solid Waste Advisory Commission reviewed the proposal of the Ada County Landfill tip fee schedule as presented by Dave Logan, the director of Ada County operations department, roughly speaking for all of the activities that the -- the residents of Meridian will experience it will still be a volume based system, which allows us to continue the way that we are proceeding, but if someone comes up to the landfill, then, they will be crossing the scales up there and they will be charged on a pound -- on a weight basis and that works out well for the county, because their clerks don't have to come out of the booth, they don't have to climb into the trucks and try to assess the volume, so it reduces their employment liability extensively. But it only affects the people that drive up to the landfill. The bottom line on this is that they have made it clear that there will be no effect on Meridian or its residence. So, in summary, no change to current rates for the City of Meridian. The city will continue to pay municipal disposal on a volume basis disposal fee currently priced at 11 dollars ayard -- a cubic yard. Meridian bio solids will continue to be accepted at the landfill on a volume base disposal fee currently priced at 11 dollars per cubic yard. Republic Services Meridian Transfer Station will continue to provide full services to self haulers and Meridian trash will continue to be consolidated into transfer loads, reducing trips to the landfill and avoiding additional greenhouse gas emissions, particulates -- many other things. Dave Fisher has expressed that he will work to insure that the transfer station fee is equivalent to or less than what the self haulers would pay at the landfill, thus encouraging them to stay here in our community rather than going on. Republic Services, furthermore, will redirect all none compacted loads from Idaho waste systems to the Ada County Landfill representing some additional revenue for the county. Noncommercial self haulers will pay by weight, as I have expressed before. All stakeholders acknowledge disposal costs and resulting fees are subject to future range due to regulatory requirements, landfill operations, and whatever else. And the county commissioners have directed Ada County operations department to establish a landfill solid waste advisory group that the details of which were -- will come up. But the commission recommends that City Council authorize the Mayor to prepare and submit a favorable correspondence regarding the proposal to Dave Logan, so that it can be included in his presentation of the proposed tip fee schedule to Ada County Commissioners in the near future. And with that I would stand for questions about the -- Rountree: Any questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: Maybe you're not the one to ask, Steve, but I think you probably are. How -- how is our grass thing going with the McGretys, with Mike and Gary? Meridian City Council Workshop March 11, 2014 Page 9 of 45 Cory: We just started that this last year. It was late in the year and there were a number of subscribers who started at that particular point and having moved to that particular point Republic is going to spend time this year to further encourage the process and I would welcome someone from the public to come up here and -- Bird: I can get them next time when they -- I didn't know which -- which item to hit this on, but I'd just kind of like an update on the grass. Rountree: Rachelle will probably give us one. Well, let's see if there is anymore questions for Steve. You're up next anyway, so -- okay. Cavener: Mr. President. Steve, a question for you. The county based SWAC, has there been discussion about who would be -- who would be represented on this group, the members of the Meridian SWAC, then, be asked to be serving in that capacity as well or has there been any discussions about membership? Bird: No details of the structure have been presented to us at this time. There was a comment made by some of the operations group at the county that -- a working group that exists right now might continue, but I don't think that that fulfills the desires of the county commission or the members, so I think that there is going to be some further discussion to develop a structure. Cavener: Okay. Thank you. Rountree: Other questions? Steve, what's the -- what's the date certain on the -- Republic's presentation on the rates that you need a letter? Cory: The county has said that they will wait until they get the letter from you, so they don't want to push it, but they would prefer to do it later in this month -- Rountree: Okay. Cory: -- or first part of next month. Rountree: Very good. Anything else? Comments on the recommended actions or move forward with the letter of recommendation? Milam: Do we need a motion for that? Rountree: Oh, it wouldn't hurt. Milam: Mr. President, I move that we write a letter recommending to the -- who is it? To the landfill? Ada County. For the approval of the rate structure. Anything I'm missing there? Rountree: Second someone? Meridian City Council Workshop March 11, 2014 Page 10 of 45 Zaremba: Second. Rountree: All right. Moved and seconded to move forward with the letter to Ada County recommending approval of the rate structure. All those in favor signify by aye. Opposed nay? That's, Steven. We will get that done. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cory: Thank you, Mr. President, Council. D. Republic Services Annual Report Rountree: And next up Republic Services annual report. And, Rachele, if you want to come up and ask -- answer the grass question -- he's got it covered? Okay. Zaremba: Mr. President? While they are gathering themselves, just a further comment on the letter. It probably should include as an addendum the rate fee that was just explained to us, so that when the -- when the letter goes there isn't any doubt about what version of the rate fee that we are recommending. Rountree: Okay. We can do that. McDannel: Mr. President, Members of the Council, here to review -- Rountree: If you could give your name and address. McDannel: Oh. Apologize. My name is Konrad McDannel with Republic Services. Sorry. Do I need to say my address as well? Rountree: If you have got one there. McDannel: Yes, I -- located at 11101 West Executive Drive in Boise. Rountree: Thanks, Konrad. McDannel: So, I'd like to review the 2013 annual report in the City of Meridian for Republic Serves trash and recycling. So, in 2013 we saw an increase in household accounts of 2.6 percent during that year. With that it brought an increase in trash tons 3.2 of tons. Also increasing was cycle times. It increased by 3.3 percent overall during 2013. About 80 percent of Meridian residents have a recycled cart with their trash carts. Of course we'd like to see that get closer to the one hundred percent mark. As was addressed in the SWAC report that commodity rates for comingled materials was -- was soft, to say the lease. The average price per ton on commingled materials was negative $6.33 for the year. Over the course of 3013 Republic Services processed the recycle items collected curbside at a cost of 27,000 for the year. Recycle at fall took place Meridian City Council Workshop March 11, 2014 Page 11 of 45 again this year. It was the second year that the program was operated in Meridian by -- by Republic Services and an increase of cubic yards of leafs collected during that time -- during the 2013 season was 790 cubic yards, which is an increase of 62 percent from the previous year. SWAC -- the SWAC report touched on grass recycling. I have a couple of comments about that and, then, if you want to ask me questions about that feel free. It was a new program initiated in 2013. We had the hopes of launching it in late spring, early summer, and at that time we started to promote it heavily and market that service and -- and it generated a lot of buzz throughout the community. We had quite a bit of excitement. However, we ran into some red tape with DEQ and -- and that slowed us down a little bit, so we -- by the time we satisfied their requirements the program was officially released in I believe late August, at which time we lost quite a bit of that momentum that we generated in early spring and summer. At this point the -- well, the program runs April through October for grass only recycling and so in August you can imagine the overall deflation of excitement at that point when lawns are dry and they are not really growing and -- and it is a subscription service at 7.95 a month. So, the perception was, well, I will just wait until next year. This year is already pretty close to over this season. So, we lost a lot of momentum in that and we ended up with roughly a hundred subscribers for the season. I believe the count now is 154 and now with all the regulatory requirements out of the way, we can go back into full swing this season and we -- we expect that to be -- to far surpass -- far surpass where it is today this time next year. Any question about grass recycling before I move on? Bird: Mr. President? Rountree: Mr. Bird. Bird: Konrad, was there enough given to the vendor at all so that they could run their tests and stuff and see what -- see how they are going to have to mix for the feed and stuff or -- was we able to get any of it processed or was it just put on hold? McDannel: Well, I'm going to -- Rachele does work closely with our vendor on that and -- Rachele, do you mind speaking to that? Klein: Council President and Councilman Bird, there was not enough volume -- Rountree: Rachele, just -- Klein: Yes. Oh. Rountree: -- state your name and -- Klein: Rachele Klein, Republic Services, 11101 West Executive Drive in Boise. Anyway, there was not enough volume last year to conduct many studies. We did ensile it, so it was, you know, packed in the pit, but there really wasn't enough to go on -- we could have run the test, but they would not have been conclusive enough to move forward and actually mix it as a portion of the ration. So, this year as of -- as a matter of Meridian City Council Workshop March 11, 2014 Page 12 of 45 fact just as today we are up to almost 200 accounts and those are just numbers that I pulled on my phone, so I should have passed them to Konrad as we walked in, but -- so we are already gaining momentum, so we expect to do a test mid summer and, then, again, the fall just to see where we are. So, once we have those volumes back we will -- we will report back. Bird: Rachele, are we just doing this in Meridian or are we doing it in Boise, too? Klein: You know what, that's a good question. It's offered in Boise, Meridian, and Eagle. It's really a Meridian program. What -- at last count out of that 196 homes that we have -- or almost 200 homes over 130 were from Meridian. So, really, it's a Meridian based program, we are just seeing a few in Boise and a few in Eagle and I'm not exactly sure why that is, other than this seems to be where all the interest is, so -- Bird: If it takes off like the vendors plan on it taking off, we are going to need probably more grass than Meridian can accumulate. Klein: Yes. Bird: I hope it's just very successful. Klein: I hope so, too. Thank you. Rountree: Thank you. McDannel: Thanks, Rachele. Any further questions about grass recycling? Rountree: Thank you. McDannel: Okay. Moving onto household hazardous waste collections. We saw a huge spike in household hazardous waste collection and our site is located at the office on Franklin Road and we have hazardous waste trucks there every Monday. We saw an increase of 52 percent in tons accepted. With this increase we actually to had increase staff as well to handle -- to handle those materials and get residents in and out of the job site efficiently. Commercial trash. We saw a slight decrease during 2013. Commercial recycling remains stable. SWAC reported -- in the SWAG report they mentioned more initiatives for commercial recycling, which we are excited about marketing even heavier this year, so we can see that number begin to increase once again. Industrial trash collection, which is usually driven by the construction market, we saw an increase in those services of 20 percent during 2013 and, again, a lot of that can be attributed -- attributed to new construction. For example, the Village at Meridian contributed quite a bit to that. Industrial recycling remains stable. Industrial recycling is more than just commingle materials or cardboard materials, it's saving diverted from the landfill such as appliances would and sheetrock, so -- and each of those has their own independent market that they are based on and -- and, hopefully, we will see that start to climb up here in 2014. Overall transfer station collection, we saw an increase of 22 Meridian City Council Workshop March 11, 2014 Page 13 of 45 percent in 2013. This takes into account not just our trucks, but also independent contractors around the Meridian area, as well as the general public as it's open to those residences as well. Republic Services takes great pride in being an active member in the community. We -- donate to many special events throughout the year. A special event would be something that's short-term. Usually for a weekend. Examples of such events would be Lions Club rodeo, Optimist Christmas tree lot, Rake Up Meridian, things of that nature. We are happy to donate in any way we can as far as services go and also you might see our cardboard boxes out if you're out and about in those events. So, Republic Services makes donations of services to many of the city buildings. Last count were 18 different sites. These would include City Hall, the fire department, various parks and so on. For the year 2013 Republic Services donated 76,600 dollars for the year in trash and recycling services. As mentioned in the SWAC report, we began recycling at the parks -- three in particular. Kleiner, Settlers and Heroes and those -- those parks are -- they have the recycle containers on site and we encourage the community to use them and that -- when the market is profitable we -- we collect the revenue from that commodity and revenue goes into the community recycling fund. So, we -- along with other ideas we have for 2014 as far as sponsorships to increase that fund, we would like to see continued success at the parks for the recycling, because the money does benefit the parks as well, so it makes sense. I believe the SWAC report reported about a thousand dollars worth of revenue generated from that program, which was about five thousand pounds worth of recycled material from the three parks and with that I'd like to turn it over for questions. Rountree: Question for Konrad? Milam: I have none. Bird: Very good report. Rountree: Thank you for the report and thank you Republic Services for the continued great partnership that you have with the City of Meridian. You see Steve Sedlacek in the audience and he continues to be a friend of Meridian working with Republic on our waste disposal issues and appreciate, Steve, your time as well. And, again, SWAC, thank you for your time. Good report and we are -- it sounds like we are in good shape all the way around. McDannel: Thank you, Mr. President, Council. Item 6: Items Moved From Consent Agenda Rountree: There were no items removed from the Consent Agenda. Item 7: Department Reports A. Finance Department: Strategic Plan Update Meridian City Council Workshop March 11, 2014 Page 14 of 45 Rountree: The next item is 7-A, Finance Department. Stacy. Kilchenmann: Good evening. Do you feel like you have had -- oh, sure. Do you feel like you have not had enough of the Finance Department yet? We are back. So, this evening is our annual strategic plan presentation and we will try to go through it quickly, so you don't fall over and go into a coma. So, just briefly what the agenda is going to be is I am going to give a brief overview of our year financially. I have picked a few things out of the auditor financial statement -- just a few things, not all of them, and just some points we want to make and, then, each manager is going to talk about their function and area, which they are just thrilled to be able to get to do, so -- so bear with them. Some people don't mind it and some aren't so accustomed to it. So, our core values can be summed up in probably about five words. Transparency, accountability, conservatism, ethical and professional standards, and customer service. And our customer service is both through our external customers, like our utility billing customers, particularly to you the Council, who were charged with making decisions about the budget, as well as other department managers and leaders who have to make financial decisions. So, again, our agenda is to just -- I'm going to pick out some key points. Each manager will talk about their challenges and goals and if you have questions, please, interrupt and ask at anytime. So, we have some accounting slang for those of you who are new that you will hear us sling around the lot and you will be really getting to know the finance department as you go through the budgets with each of your departments. So, a couple of -- I picked out a few of the key items. I'm going to talk about what we call governmental fund and you will see that in the audit report, which I'm sure everybody read in detail. That refers to the General Fund, which is the General Fund, Impact Fee Fund, Development Services, and finally Capital Improvement Fund and those are services really, just to sum it up, that can't be provided by fees like parks, police, and fire. The Enterprise Fund -- you will hear it called the business type fund, the Enterprise Fund and the proprietary fund and those are fee supportive services and a couple things about that that are interesting. So, the General Fund can give money to the Enterprise Fund or support Enterprise Fund services, the Enterprise Fund cannot in return give money to the General Fund unless it's on a lending basis and that would include charging interest. So, then, we have several governing bodies, so we don't always make up our evil thoughts all by ourselves, we actually get that from a wide variety of regulatory bodies. FASB is our overall guiding board called the Financial Accounting Standards Board. GASB, Governmental Accounting Standards Board. GAAP, General Accepted Accounting Principals. AICPA, American Institute of Certified Public Accountants. And this is state of Idaho, which is where most of our purchase regulations come from, some reporting requirements and ethic standards and, of course, the IRS and I don't need to explain those initials. So, we talked -- I'm going to talk a little bit about budget, but mostly about the auditor's financial statement. We did a budget both for the Enterprise Fund and General Fund. We do that on a cash basis, just like your check, here is my paycheck, here is what I'm spending. When we go through the audited financial process we go through a conversion process and we prepare two different sets of statements. One -- the reason that -- that we do this is to take our cash statements and make them like -- as like as possible to any other entity. In other words, we convert them to a full accrual basis, like in business. We -- we do Meridian City Council Workshop March 11, 2014 Page 15 of 45 this because the bodies that be want a bank or a bond underwriter or just anybody who is interested to pick up a government -- a city statement compared to a state statement, compared to Enron, they want to have that comparability for users -- yeah. Enron, that wasn't a good example, but -- Enron drove a lot of the -- Rountree: But that's why you're doing it. Kilchenmann: Yeah. Exactly. So, I'm not really going to talk much about the converted financial statement, because even though the intent was good, they are very difficult to follow. Then you will hear us say carry forward a lot, and carry forward means it's something that was appropriated in a prior year that hasn't been completed. So, a big park project or a big Enterprise Fund project could go for several years and we just keep carrying forward the amount we budgeted and that can make our budget look a lot larger than it is, especially for the Enterprise Fund. As we will see later, most of their budget is in capital. And, then, ethics, I just wanted to bring that up, because we have new audit risk standards and ethics is a very important part of that. They do a risk assessment and so just because we added two Council seats in FY-14 that will be an area of risk. Just changes like that. So, it's really -- it really permeates the whole organization from not just how we handle numbers, but how we conduct our business in general. So, I'm going to start with the General Fund or the governmental fund, and this was from FY-13 auditor financial statement and this is what you can sort of call our income statement or as close to the income statement as we really get with the General Fund. And we have got our revenues and expenditures, kind of familiar, and, then, we have what we might refer to as our operating revenue or how much we are over and under. So, you can see the Capital Improvement Fund is really an arm of the General Fund, but they are shown separately. So, our total revenue, if you will, from operations was 306,000 dollars. So, we come down to another part of the statement and that's called other sources and uses. I have highlighted a couple of numbers that I think are key to understand. One, the operating transfer -- the transfer in, the 1.5 million dollars, that is a transfer from that Enterprise Fund to pay for half of HR, accounting, IT, those support services that serve both the General Fund and the Enterprise Fund. So, that is an allowable cost allocation. We can see why that's so important as we go through the presentation. Then the two million dollars that I read is just a transfer in and out, that is where we are transferring an excess amount for the Development Services Fund -- in other words, building department -- building revenue, building permits, over a period of time exceeded building department expenses by that amount, so we transfer that to the Capital Improvement Fund. So, that -- I'm not sure exactly the -- that was probably over a couple years and we will be asking to do that again when we do the budget. So, then, we come down to the number net change and fund balance, which is 1.7 million to the good. But you have to remember that 1.5 of that came from the Enterprise Fund and so, then, we get -- at the end of the year we get to that 3.2 million dollar fund balance for our ending fund balance. So, if we look -- oh. I thought maybe you had a -- you were so fascinated you had a question. So, I looked at a ten year -- just a ten year look back at what our operating revenue has been over a ten year period of time and it's been 4.8 million dollars. So, we have gathered 306 million dollars in revenue and we have spent 301 million dollars. And if you look at the change in fund balance, again, it's 18 million Meridian City Council Workshop March 11, 2014 Page 16 of 45 dollars, but we have to note that of that 18 million dollars, 14 million dollars came from the transfer from the Enterprise Fund. So, if we go from the income statement and go to the balance sheet, I tried to take that three -- 32 million dollars and break it down so it made a little more sense, because it's like, well, we have 32 million dollars in fund balance to spend, but, actually, when we break it down to the various fund designations, one part is the impact fee fund, which we have talked about ad nauseam, but this is a balance in each of those restricted funds at the end of the year. So, parks about five million, the fire getting close to a million and police about 650,000. So, those are set aside only for those particular projects. Then we have to take out again that carry forward number out of our fund balance and, then, we have got some amounts for prepaid items and we have already obligated to pay and pretty soon we get -- and we have got the public safety fund, but we have already begun that, so we have designated that for the training center. So, we get down to six million available to spend. Then we have the operating reserve and what that operating reserve is is four months of our current year -- or our past year budget, four months operating. That's kind of typical to do, because for the General Fund we only get our big chunks of money twice a year, so that reserve helps avoid borrowing, it cushions against economic downtown. For example, in '09 and '10 sales tax dropped by 17 percent over a one year period of time. So, if you're running tight that fund balance can help you get through. Emergencies, if we had a big emergency, so we will be -- when we take that out, which is 11.2 million, we are down to 5.1 million dollars in available fund balance. So, that is really how much we have to spend today that's not obligated for something else. To sort of basically go through expenses and revenues on the General Fund side, I'm going to talk about personnel expense for the General Fund, because it's by far the majority of the expense and I'm going to talk about -- I want to look at why it's difficult not to take our three percent property tax increase and why the Finance Department can be so negative and conservative and why we want to keep revenue estimates low, but I also want to highlight what we have been able to do over the last decade. So, if you look on the right-hand side, those are building permits, commercial and residential and you can see that skyrocket there at the beginning of the decade. The other group shows changes in personnel. So, basically, over this period of time, roughly '6 to '14, we have hired 83 people and I'm going to go through and read each department -- or where each -- where all the hires were, but that was the kind of change that was necessary to keep up with that growth, just on the personnel side. So, on the revenue side building permit sales have been very important for us to enable us to do some capital projects, but you can look and see what happened in March of 2007, that's when the bottom -- the bottom just -- it just went boom, like in a one month period of time. So, that's the black line that's got the little diamonds on it. And, then, on the right-hand side I compare our property tax base increase, which is the heavy white line in the top graph and it slowly climbs and, then, it drops the two years we didn't take our levy increase and I compared it to the increase that we have earned from new construction and you can see new construction was just booming and funding our property tax revenue and, then, it -- of course it took a dive. So, if we said we are only going to increase the personnel budget five percent and no more and when you take our three percent property tax increase, just taking those two key elements out of all of our expenses, we are taking one expense personnel and one revenue property tax and comparing them and if you think Meridian City Council Workshop March 11, 2014 Page 17 of 45 of the prior slide how hard it is to keep property tax -- or to keep personnel increases only at five percent, you can see that we are going to outgrow our -- our property tax -- our personnel. We already have outgrown it, but that spread just gets bigger and bigger and that -- Todd talked a little about that in his fund forecast when we did the CIP plan. So, again, I want to -- I showed this slide before, but I want to show how -- how important property tax is when you compare it to our other revenue sources. It's so much greater. So, back to the fund balance, why we want to maintain a healthy fund balance and, first of all, we won't -- we have a five million dollar fund balance, we don't want to have a 50 million dollar fund balance, because if our fund balance means it's too big, that means we are collecting revenue from our property taxpayers that we don't need. We are overcollecting. So, we want to show that we are using what we collect. So, it's a balance there. Just being big isn't necessarily good. So, one thing about having a healthy fund balance is amendments. They always seem to pop up. Although the best practice is that they only be for emergencies, in reality we have opportunities that happen during the year, we can't wait 24 months to take advantage of them, we need to use fund balance for amendments. And, then, again, we use fund balance as our savings account for our capital projects and I'm going to skip the Enterprise Fund and go a completely different route. We are going to go to the fee based services and I'm just going to review it really. On the operating income the Enterprise Fund revenue was about four million dollars and as you go through you can see it kind of goes through that same process we went through the General Fund, you have revenue, minus expenses, we get operating income. We do the contribution, which is the money that is transferred for their share of the admin expenses and, then, we get the change in net balance for increase in fund balance. The important thing about this is if you look at the very bottom you see a number that's in blue that says depreciation expense, it's almost seven million dollars, within that -- this income statement that number is included. So, we are actually putting this number in this -- into this income statement. If we took it out, this change in fund balance would be almost 18 million. And briefly depreciation is an accounting entry where we say a building costs 100,000 dollars, it's going to last for ten years, ten divided by 100,000 dollars is the amount we need to set aside every year to replace that building. So, that -- that tells us the Enterprise Fund balance is healthy, it's probably growing at an amount that's sustainable to support any big infrastructure projects they need to do. So, they have two principal sources of income. Usage fees, which is the amount you all pay every month for water and sewer and that has increased pretty steadily. That's the blue line. Even during the recession it increased about two -- two percent, accounts grew, and, then, the connection fee, which is the red line, and those are wildly variable depending on what development is doing. So, on the expense side, this was a breakout of their expenses, excluding depreciation -- remembering depreciate is about seven million. So, most of their expense is in capital, unlike the General Fund where it's in personnel. They have had three amendments this year, they have added six employees, they have added -- they have amended for a ground reservoir and we have adjusted their carry forward projects to get at the amount that they spent between the end of the budget notice and the end of the year. So, their personnel -- here is their growth in personnel in the grid on the lower right-hand corner. They have had significant growth factors, just like the General Fund, infrastructure improvement, quality improvement, regulatory compliance, increase in product delivery. Meridian City Council Workshop March 11, 2014 Page 18 of 45 So, each -- each department will go through all of their accomplishments and their strategic plan. So, here is -- here is where their big expense is and that's capital and there is -- we have two sources of capital growth. We have developer contributed outlines, which are when a developer puts in an oversize line, when the project is done they turn that over to us to own and maintain. Then, of course, what we pay for capital. So, you can see that big fluctuation and that big upswing during that period of growth. The projects are big, they can take several years. We just closed that wastewater treatment plant project, it was 27 million dollars. So, we have big projects, so we let the fund balance build and build and, then, use that fund balance. So, in 2013 the capital budget was about 20 million. They spent about 56 percent of that. But FY-15 capital budget is 28.7 million. So, again, finally getting at that end point of their fund balance with that yellow line being investments in capital assets with it up over 200 million dollars and, then, we have got their fund balance just kind of plugging along, not really decreasing or increasing, which is good. So, basically, I have talked a lot about the expense side and where the revenue comes from, but we really have had some fantastic successes and I just kind of summarize them. I didn't even begin to touch on all of them, but every department has grown, has kept their service up. High quality and we haven't had to -- we have had no layoffs. We have kept their benefits whole and think -- I looked through and every year the employees have at least gotten some sort of increase. So, now we are heading into budget season -- I think it starts Friday. AIC had a good way to describe it, a sporting challenge that you're about to enter into. So, sort of our philosophy is that revenue forecast error on the low side. One time money should definitely be used for one time items. That is just crucial. So, like if we have a spurt in building permit sales, that should only be used for capital items for one time items. Unfortunately, a lot of those one time items come with big ongoing costs, like in the fire department. You can see Mark, the way he is. So, one of our big lifesaver -- had to throw this in here -- is that the building department contract inspector cost, so when revenue goes down the expense goes down and that really has been a lifesaver for us. Our departments really work together to prioritize and compromise. They have been led by the Mayor, the Council has just jumped on board, gotten very involved in the budget, and people really do say, okay, I will give that up, I believe you have made a case that your item is more important. And, then, we are committed to using short and long range tools for planning and commitment. So, we are looking at our next challenge or the next area we want to take on, when a city grows, the more you grow the more difficult the budget process becomes, because you don't have that growth from the inception, so if you notice Boise, when they wanted to replace some fire -- fire department -- some fire stations and make some repairs, they had to bond for it, because they are not getting their influence of growth to fund new projects. So, we are going to look as we -- as you reach maturity you have to look at replacements and so forth with less growth. So, that's when we really think that financial planning just becomes more and more important every year. So, the city as a whole has talked about going and doing a strategic plan and doing some performance budgeting and you will hear a lot about that in the future. So, we are really committed to that, that -- whatever you call it, it's called performance budgeting, priority based budgeting, outcome based budgeting, they are all slang terms that mean the same thing. But what we want to do is measure the cost of a service level, then, we need to prioritize the services and, then, Meridian City Council Workshop March 11, 2014 Page 19 of 45 we need to determine what our service -- service performance level is going to be on outcome. So, big -- big, difficult project, but challenging and it will be fun and Ithink -- it will be fun and that's what we will all be looking forward to in the next year. So, I'm going to turn this over the finance managers. There is -- first we have Rita who is our controller. Rita has mastered the difficult art of pulling together those complicated financial statements and she did this -- we used to have -- the auditors used to do it and Rita grabbed a hold of it and took control of it and she can convert and know GASB like no one's ever saw. She's also very concerned about internal control, because that's a big part of our audit and she has a lot of our institutional knowledge and can remember almost everything. Keith is our purchasing manager. He's full of ideas and he talks really fast, though, so even though the stack of paper he gave you might look intimidating, he will fly through it in a matter of seconds. Todd is our senior budget analyst and he's also our project manager. If we need a project done we give it to Todd. If we need something done on time we give it to Todd. Todd keeps us on the straight and narrow. So, Todd will be the one working a lot with performance measurements, because if we -- he won't let us drift off the path. And, then, Karie is our utility billing manager and she's kind of like customer service central, she just -- her -- she and her group do an excellent job. We get a lot of comment cards and 99 percent of them are positive. Unfortunately, Karie is not here today, she's ill, so I will come up and do a quick wrap up on her area. So, with that I will sit down and turn it over to Rita. Rountree: Are there any questions for Stacy? Bird: I have a couple questions before she leaves. Rountree: And before we proceed let the record show that Councilman Borton is present. Bird: Mr. President? Rountree: Yes. Bird: Just a couple clarifications. You said the 1.5 million carry over was because of a fund that come from Enterprise Fund, but General had already paid the expenses. Kilchenmann: Yes. Bird: So, that's General Fund profit. Kilchenmann: Yes. It's atransfer -- Bird: Okay. It wasn't -- it wasn't -- it didn't come from Enterprise. Kilchenmann: No. Bird: And another thing that was stated here -- this is just for public's -- Meridian City Council Workshop March 11, 2014 Page 20 of 45 Kilchenmann: Well, it was transferred -- Bird: -- knowledge is we -- we didn't lay anybody off, but there was a lot of jobs we didn't fill when -- with attrition. Kilchenmann: Well, we kept -- Bird: On the downside. So, that was great. Kilchenmann: We kept our base low. We worked to keep our base low. Bird: That's true and we have and that's why we have been successful. Kilchenmann: And we have -- I think it's important -- you make an important part that I didn't articulate very well point. Our point is that we kept our base low before we got to the recession and that is why we didn't have problems once we got to the recession. So, we didn't live too high on the hog during the good times. Bird: And I think that -- that goes back to '96 -- well, it goes back farther than that, but when Councilman Rountree started in '98, when I started, we have always kept a tight budget and it paid off and thanks to you guys, too. But I just wanted to clarify that that 1.5 -- we had already paid -- General Fund had already paid those expenses. Kilchenmann: Yes. And, then, we took a transfer from the Enterprise Fund. Bird: Thank you. Rountree: Any other questions? Thanks, Stacy. See you in a minute. Rita, welcome. Cunningham: My turn. Good afternoon. Okay. I'm not so good with this thing. Okay. I'm here to talk about financial reporting and as you know our big accomplishment this year was another clean audit and Stacy and I really have to give thanks to our whole department, all the knowledgeable staff we have. Todd. Barb. Jenn. Jenny. Karie. Keith. Kathy. Leslie. Maria. Cody. Peter. Ev. Barbara and Hillary. And they do all the work day in and day out to actually get us this clean audit. Let's see. And here we are at Christmas. The other thing that changed this year -- we have a little change up on or org charts. The four managers now report directly to Stacy and this is the kind of projects that are on my list right now. To hire a new accountant. I'm actually working with HR right now on that staffing requisition. We are looking at a centrist report. It's actually a four page citizen's report that would be on demographics, performance, cost, and some of the future issues. So, we will be working with you to help develop that report. GASB, of course, is always writing changes for us, so we will be looking at some -- we are actually working with PERSI right now to find out what our net liability is going to have to be on our financial statements in two years. Then, of course, Meridian Heights, the water-sewer district. We are actually looking at transferring the debt and Meridian City Council Workshop March 11, 2014 Page 21 of 45 the assets, so there is quite a bit of work involved and we are working with legal and public works on that. And, then, of course, utility billing software replacement. There is a big group of us that are going to be working on that project. The challenges that I see for financial reporting are the internal controls. They are what help us get that clean audit, but, then, they are always changing and we have other departments that change their processes, their software fees, that changes -- in turn changes our control, so we have constantly got to be ready for these new changes. We have all those other agencies that are writing regulations, guidelines, and sending down .new policies that change our internal controls. The other thing that I see is our contracts and agreements and managing -- to make sure that we are compliant with our agreement. This has been something that's been on our -- a challenge for the Finance Department for quite a few years. We have -- we enter into hundreds of different agreements every year and they have multiple expectations, they have multiple expirations. They are lengthy in their expiration date, like such as the -- a 50 year one with the senior center and they also have -- the senior center, we bill every year, but, then, every ten years we negotiate that bill amount for the parking lease and it's -- and, then, we have -- every 25 years we may -- may negotiate whether or not we are going to up the lease. So, it's like as city staff turns over who is going to remember and who is going to actually track them and so how do we minimize risk and we actually have -- we are working on that right now, so you are going to hear a little bit about that from the next managers. And now I'm going to turn it over to Keith. Hopefully you have no questions. Bird: Questions for Rita? Thanks, Rita. Cunningham: Okay. Thank you. Watts: Council Members, I'm just going to try to be brief and I will try not to go as fast as Stacy said. I will try to give you a chance to catch up to me. I did provide a couple of documents for you earlier today. We will go over some of the accomplishments. We just picked a couple. And one of them is a new contract checklist that we use when we bring something to Council. Some of you are familiar with it. It's something that we ran through many of your Council members before we implemented it. But it's a document that allows us to -- to track each step along the way in the contracts and also use it as a checklist for purchasing to make sure we don't skip anything prior to bringing it to Council on an agenda. The next thing that we created that -- and I guess I should also state -- you have a blank and, then, you have a sample form of both of these documents that I'm talking about. The next one is a contract worksheet -- or a bid slash contract plan and worksheet, but it's something to help us plan the entire city's bid and procurement process. We often get slammed at particular parts of the year with requests to go out for bid and enter into agreements and with only two of us in purchasing it's sometimes difficult to keep up with that workload. So, this actually gives them an idea as -- the project manager an idea of how many days it takes from the date we get all the information we need to go out to bid until we actually bring a contract before Council and can issue that notice to proceed. Initially I created that document to help out with Public Works in their execution rates, but Ihave -- since then I have implemented that and distributed that through all the departments and we will be Meridian City Council Workshop March 11, 2014 Page 22 of 45 working with them to try to fill those out early in the year. We like to take those from the enhancements even and -- and use those to map out the year, so we don't get buried all at one time. Another big thing that we did was create a general a-mail account for purchasing. So, rather than general questions, getting a-mails to both Kathy and I, we have them funneled into one general account and we can both access that. And I would also like to acknowledge Kathy. Kathy Wanner is our buyer. This year she finished afew -- some additional classes and actually got certified, so she's now a certified professional public buyer. So, I'd like to acknowledge her for that. Rountree: Very good. Watts: A couple goals and projects that we have for this next year. We are going to be revising the -- the construction bid and contract documents to shorten them and simplify them, so we don't have duplication and just to streamline the contract process and we should have that done by mid -- mid -- I should say in two or three months is what our goal is. The other thing is to actually centralize all of our purchasing templates. We do have quite a few templates that we have created over the years and we are trying to wean those out and have a centralized depository for all those items. The other -- or the next project I have is to work with Chief Niemeyer to develop an -- either an RFP or an agreement for professional services to contract a firm to help us with the city's strategic plan. That will be -- that's an ongoing project. And, then, also we have an RFP that has been issued and the results are now in from our evaluations. We are going to be issuing multiple awards to several shops throughout the city for fleet vehicle maintenance. So, we will have fixed contracts, fixed prices, and not just one shop, of course, but it will be multiple shops and the departments will be able to utilize those. And, then, always looking for efficiencies to keep up with increased workload. Challenges. Like Rita has stated before, GAAB is our biggest challenge and contract management. How do we better manage our -- our contracts and share the data, both internally and externally and continue our transparency. Public records request once again. Those are numerous. Bid challenges. We still get bid challenges. That's still I think dependent on the economy. But I would like to state that we still have had no successful bid challenges to date. We processed 332 case management requests. We issued 67 formal bids or RFPs and we issued 333 purchase orders with a value of 22,800,000 in FY-13. One of our big challenges that I see forthcoming is the city has approved two additional project managers and with that we are going to have an increase in construction projects and that means bids for the purchasing department with the same staff. So, that I see as a challenge as well. Any questions? Rountree: Questions for Keith? Thank you, Keith. Watts: That will bring up Todd. Lavoie: Good afternoon, Council Members. I'm going to talk about the budget planning and forecasting. As you can see we have achieved a few accomplishments during the past 12 months. Probably one of the biggest ones has to do with the state PERSI plan. The state mandated a change that all reporting agencies update their software to Meridian City Council Workshop March 11, 2014 Page 23 of 45 integrate with their new back end software program and with that Barb Hohler, our payroll administrator, and Nick Thier, our engineer up in IT, those two together worked with PERSI and I have to say that they were the very first city -- or very first reporting entity within the state of Idaho to get a successful implementation and at this date we are currently one of the few agencies reporting on their new platform, so huge kudos go to Barb Hohler and Nick Thier for getting that done. They spent countless hours getting that done. A huge project. They were way ahead of schedule for what PERSI wanted us to do, so those were our biggest accomplishment based on the new mandated rules set by the state. Healthcare reform, you know, we see it every day, we hear about it. We are still uncertain what it's going to do to the overall impact to the bottom line. We meet, we talk about it, we are doing the best we can to manage this and the same with PERSI, you know, if they make changes to the contribution rates we need to make sure we have the financing available to satisfy the needs. We are also working on a number of programs to help manage our insurance claims. Anything that is associated with ICRMP -- in the Finance Department we need to know what's going in and what's coming out and we have a database to help us managed the ICRMP claims, so we can keep track of payments, have the status of the claim, and we are working with -- we will work with HR and Legal over the future months here to get them more involved with the program. We have built the program, we haven't fully implemented it within the city yet. But I think in future months we should have a program supported by all departments within the city. So, that will be fully integrated, data will be available at everybody's fingertips and I think it will be a useful tool going forward. Current goals and projects. You have heard about it from Keith. You have heard about it from Rita. Contract management. It is a big touchy subject. There is lots of contracts -- lots of project managers involved. Many people have their fingers in the contracts. Finance will not see every single contract that goes through the Mayor's desk, so the liability does fall kind of on the Finance Department to make sure that we do have to -- or we are satisfying the risks, the liabilities, the payments due. So, in conjunction with, again, Nick Thier up in IT, our engineer, Keith Watts and Kathy Wanner and I, we are working on a contract management database. We hope to have this up and running by August and be done with phase one. Right now the finance division is writing the report with IT. We will integrate departments in the future. It's amulti-phase project. But, again, we will have one central location to help manage and control the contracts that the City of Meridian engages in. As Stacy mentioned, we are always looking at future planning five, ten year plans, 15 year plans, making sure that we put the city in the best position that we can, so we are continuing write programs that assist us to deliver you guys the right answers, so we can guide the city in a positive position going forward. Stacy mentioned the different budgeting tactics and techniques. We are going to continue to look at the best budgeting performance ideas that we think would put the city in the best position. Again, the strategic plan, I believe, a few of your managers and the directors are involved in developing a strategic plan, we are engaged in with financial projections and whatnot to make sure that we are going in the right position. In the challenges, you heard it from Rita, Stacy, Keith, data, data, data. We are doing the best we can to manage it and as more inquiries come from other departments,. they want more analytical projects done. With that that takes a lot of data mining and without the data in a good position it's tough to get to. So, we are doing the best we can to put data in, you Meridian City Council Workshop March 11, 2014 Page 24 of 45 know, strong healthy databases to make sure we can get you the answers. Stacy mentioned it before, level of service. That's a key word. Every level -- all level of service has a dollar value. So, if we want a level of service it's going to cost us something. Continued discussions about what we can afford. Healthcare reform. Again unknown. We will continue to work on that. We talked about long-terms cost, benefit, compensation, you know, and future developments, you know, how can we give them incentives. You know, there is a committee going on about that, how -- you know, we are going to work with them to see if we can provide any financial incentives to development and whatnot. So, with that I would acknowledge Karie, but (believe -- Stacy, you working this? Yeah. Stacy will represent Karie in this position. Any questions? Rountree: Thanks, Todd. Bird: Good, Todd. Kilchenmann: Karie saved the shortest for last. She only has one slide. So, she -- she summarized her -- the amount of phone volume they handle and you can see it's a fantastic number and I think one of the things that people really appreciate about our utility billing department is they are -- they actually get to deal with a person. That's not all that common these days, but they can come into the office and deal with a live person and we have people who actually just like to come in and deal with a person and they will come and pay on a monthly basis and so we have done a few things, though, to make payment easier. I think last year she talked a little bit about we have a phone payment system. It looks like they made it a little bit easier, so it's not quite as tricky. And one of the things that she really wanted to mention was her staff retention. We have not had any turnover -- we haven't had really any turnover in the Finance Department. I think her newest staff member has been here five years now and if you have ever dropped by the office on turnoff day it is not an easy job. So, they are really a dedicated group of folks. So, I can tell you without even looking at her slide what her biggest challenge is going to be and that's our -- with our conversion to new software. Our current software is 14 years old, not being updated anymore, just completely outgrown -- we have outgrown it, as I talked about for those of you that were here during the budget process. So, we are in the process of designing -- doing a design requirement and it is definitely going to be a huge challenge. It's probably the biggest piece of software the city will ever do. It will touch every single person who owns property in Meridian. So, we are really hoping to get it right. We are trying to do quality over -- over speed, so that will be -- Rita talked a little bit about it. Rita will be also heavily involved with it, as will I, and the Public Works Department. So, that's really going to be a challenge, because that's going to be a big change for everyone. But, like I said, excellent customer service. Karie has like a lifetime contract. She's not allowed to leave the job. I also wanted to introduce Keith Mentz and Kathy. We have Barb in the striped shirt, our wonderful payroll person. And, then, the long dark hair is Jenny Field and she -- we are moving her up in our organization. So, I told her she had to come, because she might just find herself up here. So, we are -- she's been with us think four years, a little over, and she is an excellent -- been an excellent addition, really Meridian City Council Workshop March 11, 2014 Page 25 of 45 stepped up to the plate, and she's going to be taking on some new challenges when we hire a new person. So, that concludes everything. Bird: Mr. President? Rountree: Mr. Bird. Bird: Stacy, you -- we still got the Caselle? We are still using that? That -- I tell you -- was going to say, we debated on how much it would cost. Well, it's -- taken by the year it's pretty cheap. Kilchenmann: I think it was 14,000 dollars. Bird: I thought it was 15 or 16, something like that. Fourteen years. Anyway, that's just one thing. But I appreciate the presentation. Appreciate the Finance Department. You have definitely been a help to all elected officials to keep us clean and out of trouble. Thank you. Kilchenmann: Thank you. Rountree: Any questions? Stacy and all the rest of the Finance Department, thanks for the great job you do and, again, the clean audit and that's a great goal to achieve, but what I really appreciate about all of you is you're all forward thinking. You're always looking out for the city and I think you kind of have our backs most of the time, too, so I really and truly do appreciate all of you for that. Thank you. Kilchenmann: Thank you for not falling asleep. Bird: And you get to go home before 5:00. B. Community ®evelopment: Review and Approve City Roadway, Intersection, and Community Program Project Priorities for 2014 Rountree: Yeah. Next item is 7-B, Community Development. Caleb, that's going to be you? Hood: Yes, Mr. President. And with your permission I think I'm just going to stay seated here, if that's all right. Rountree: Yeah. You bet. Hood: I might have a slide. I have got my memo that I can pull up if we need to call in that as we discuss this item, so -- Mr. President, Members of the Council, we are here for the annual process that is priorities of roadway-related projects. For those of you that are new or for revisiting this topic, this is something that the city annually does. Meridian City Council Workshop March 11, 2014 Page 26 of 45 ACHD and COMPASS, ITD, typically request our priority transportation projects on an annual basis. So, this is the time and the place for that. ACRD is starting to put together their integrated five year work plan for 2015-2019. Again, they have reached out to the cities and other agencies asking them for priority projects. I will get a little bit into the methodology they use and what happened with our ranks as we send them to them here in just a second. They have asked for our lists -- and there is four of them -- by April 30th of this year. So, we do have a little bit of time. My goal is if this afternoon we can come to some consensus agreement on these lists, Iwould -- I would seek that, if we can get there. Ask the Mayor to put a cover letter on our transportation priority list, and send it over to ACRD in plenty of time. But if we can't get there today that's fine, I will take your comments, tweak them, and come back in a couple weeks or whatever you direct, so -- and, then, after that, July, August, ACHD will take all of these priorities from the various cities and other stakeholder groups and have what they call Draft A of the integrated five work plan and they send that back out to us and they say here is what we kind of think you told us or here is where everything kind of plays out initially, what do you think of that. So, we have another bite at the apple to say, yeah, it looks pretty good, but maybe if you move this one up or that one down and kind of fine tune some of those things. So, I will be back sometime later in the summer after Draft A comes out and discuss that with you, too. And, then, with the overall goal of ACRD adoption of the integrated five year work plan on their September 24th meeting. So, where we are at now -- during the February and March transportation commission meetings the Meridian Transportation Commission did discuss these same groups of priority projects. ACHD was at the February meeting. It was the Transportation Commission's first go at this. They have been around now for approximately a year, so there was a little bit of education that went along with that and Matt Edmond and Ryan Head were a part of that process to kind of answer some of those questions and, again, get the commission up to speed. They did produce the four lists that I mentioned. They are ACHD roadway, ACRD intersection projects, ACRD community program projects, which, essentially, are sidewalk projects, pedestrian, bike-related projects, and, then, the fourth one is really state facilities or ITD facilities. The timing of that doesn't necessarily correspond with some of the other things that COMPASS and ITD do with their programming, but that one is a little more simple and so I have just grouped it in with -- with ACHD priorities this year. So, before we jump into the actual lists of priorities, what I would like to do is start on page 11 in the memo and just talked a little bit about -- or show a little how this process works at ACRD. So, if you -- if you have that or can pull up the memo dated March 6 from myself for today's meeting, on page 11 there is a -- a spreadsheet that's been pdf'd and inserted as an exhibit in my memo. What that is -- ACRD sent to me and the Mayor actually received a letter as well with 130 projects that they have in the hopper that they go through this process of looking at congestion, safety, other policies that they have in place and, then, come up with a cost benefit ratio. That's, essentially, how they pick projects, so -- and I should pause. If at anytime you have questions on this, please, feel free to stop me and we can -- we can jump back or pause, so -- Cavener: Mr. President? Caleb, can you put that page 11 up for -- I can't get it to display on my machine for some reason. I got a blank page there. Meridian City Council Workshop March 11, 2014 Page 27 of 45 Bird: Neither can I. I can get the page before it. Hood: And in this format I may not be able to get it to display. That's going to be sideways. See if I can -- Milam: And it was blank at home as well. Cavener: Yeah. Bird: I can get ten and 12, but I can't get 11. Milam: I assumed it was intentionally left blank. Rountree: It's a big spreadsheet. Hood: It is pretty large. You have to go to landscape. Rotate it. Well, let -- if you will bear with me a little bit. I'm not going to spend a whole bunch of time on this, so -- but this is -- this is the page 11. There are -- what I have done is I have taken all 130 projects and I pared that down to ones that either have an M or an A, which is Meridian or Ada County. So, you don't see Boise's projects. You don't see Garden City's projects. You don't seed any other projects in Ada County. These are -- out of 130 projects there are somewheres in the neighborhood of 50 that are in Meridian. So, approximately a third or so that are in -- in Meridian or our area of impact in Ada County. So, the only reason I bring this up before you is page 11 and 12 of the memo basically, again, provide a glimpse into what ACHD is looking at when they prioritize projects. So, the first column just has the project rank and it looks like it got cropped a little bit even in mine. And, then, the project name and, then, as you go from left to right -- again, the city it's in. Where it stands in their budget process now or their five year work plan process. The project costs. And, then, the next series -- the next four columns all are -- have to do with congestion. So, how is it functioning? It's pretty technical and, again, how much delay is happening and those types of things. So, I'm not going to dwell on that too much. But that series of columns and, then, the next -- what was that -- eight or nine columns in a row have to do with safety. So, congestion and safety. Those are main technical criteria that go into -- and I'm oversimplifying this -- that go into ACHD's process. And, then, the cost. So, to get the cost benefit ratio they come up with that. Now, that X factor and why I'm bringing this before you all is there are some -- again, some -- some policies or some politics that play into a little bit of this and some programming. that plays into it, too. They got to balance the budget and pick projects that they can fund each year. Obviously, you don't have work on parallel corridors, so you shouldn't send a motorist down a detour route that's under construction, so they got to detour two or three or four miles out of their way. So, this is where we come in. Agency support points. There is a raw benefit cost ratio that comes before you as you go through these policies or, again, the politics, if you will, of this process. The support points. We get ten points for our number one project, nine points for number two, and so on and so forth down the line. If it's on the list you get a point. If it's not on the list Meridian City Council Workshop March 11, 2014 Page 28 of 45 you don't get any points. But if it at least makes your list it gets a bonus point. Important points has to do with corridors, like Ustick has been a priority corridor for ACHD in the city. Ten Mile another example priority corridor. We say, hey, just because you're in this corridor you get bonus points, because we are working from east to west or north to south on this corridor. Again, I'm not going to spend too many -- much more time on this, but this is kind of your nonsafety or nontechnical congestion related factors. And, then, at the end of the day you come up with this adjusted benefit cost ratio and you can see it goes from high to low. So, they want the biggest bang for the buck. That's -- that's, you know, the point of that story. So, again, I wasn't going to spend too much time on that. The next page in the memo explains some of the shorthand and what that is. So, again, I'm not going to dwell too much on that. Hopefully, you have had a chance to look at some of this in the memo. I apologize if page 11 didn't come through for a lot of you, that spreadsheet, in your preparation for this meeting. But 11 and 12 kind of go together and, again, explain how ACHD -- their process works. So, now I do want to jump into -- to our list, at least the draft list that the transportation commission is recommending for your review and hopeful approval. So, I'm jumping to page three now on the memo. And since I got this up I will just go there. And this is -- we are going to start with roadway projects. Priorities. It's on two pages. want to just kind of orient you a little bit with this even. So, like I just mentioned, there are 130 projects total that ACHD has on their radar screen, if you will. There are more intersections and more roadways than that in Ada County, but these are the ones that have met some criteria to at least get on the radar screen for them to consider programming. Out of those there are 29 that are in Meridian and 29 of our 35 overall roadway projects are on their radar screen. We do have a couple of them -- if there is an NA here or a zero, that means it's not on their radar screen and they think we are crazy that we have it on our needs list, because they aren't showing any need for it. No. That was my paraphrase, but -- but there is some technical merit. There is no real technical reason for them to have it in their list yet, so -- they will look at it. If it's on our list they will look at it, but they have -- you know, if there is -- they have traffic counts and no traffic crashes and that type of thing. So, that's just to kind of orient you to this -- this chart here. A couple of things to just bring to your attention are the new draft rank for 2014, the proposed draft rank is on the far right. The current on the books rank is on the left. So, I reordered this to reflect the proposed rank. But you can see where it was last year. That's the far left versus the far right. The transportation commission, when they discussed this, spent quite a bit of time on the Ten Mile corridor. Originally, they -- they had the Ten Mile projects kind of -- I can't remember, maybe Councilman Zaremba can even help me out, because he's an ex-officio member there. But it was something like one, eight, and seventeen. They are kind of -- there wasn't any rhyme or reason for that and I said, hey, you know, I have kind of noticed this in doing what I have been doing now for four or five years, I said Ten Mile has been a priority corridor for the city and to me you might want to think about moving Ten Mile kind of to be close to each other in priority, so we can finish that from Chinden to the interstate, maybe even points south. Just as a thought. And they kind of said, okay, yeah, that makes some sense. So, they kicked that around and at the end of the day those three -- the three miles of Ten Mile are at one, five and six. So, they did end up moving -- and it's sequentially, too. So, some -- you know, looking at it from Cherry to Ustick, Ustick to McMillan, and, Meridian City Council Workshop March 11, 2014 Page 29 of 45 then, McMillan to Chinden. So, completing that corridor as a priority in the top ten. forgot to mention -- anything highlighted in yellow has been highlighted, because it either advanced or recessed more than five points from last year. So, it has had a substantial change -- something's changed over the past year that -- at least in the transportation commission's opinion that project should, again, either move up or back more than five ranking points. So, as an example, Meridian Road, at Franklin-Cherry- Ustick, that one was 15 last year, this year it's proposed new number eight. Just a little bit of insight -- and I'm not going to try to represent all of the transportation commission views, but a lot of them are pretty technically savvy and based on -- I think they looked at a lot of the technical merits, the level of service map, some of the scoring and ranking in the spreadsheet we just went through at ACRD and you can see that the recommendations from the transportation commission are pretty congestion heavy -- in there. That weighed pretty heavily in their factoring of these projects, which I'm not blaming them for that, I'm just saying as an observation, if you look, the projects that have the worst level of service or the most congestion tend to rank higher. So, you go from F's to E's to D's to C's down the list. As a general tendency. Not overall -- or not every single project, but generally they tended to like the -- so, looking at the Meridian Road project, it scores pretty well at ACRD and so they -- they moved it up fairly substantially. So, same goes for -- for number ten, Ustick, Linder to Meridian. It moved up six points -- or six positions in that. Again it scores fairly well at ACHD. Just to move -- just to kind of finish that off, my tact today, my approach is just going to be to kind of highlight those ones that tended to move more than five points. Again, if there is any other projects you want to move around, that is certainly within your purview, but I just wanted to highlight any -- again, by my definition substantive changes for year over. So, the number 14, the new proposed number 14, is a new project and it enters at number 14. McMillan, Linder to Meridian. This was one that got a lot of play, particularly because of the sidewalk and bike lane needs. There are a lot of newer schools and newer subdivisions in this area and pretty big gaps in the sidewalk network out there. In fact, when we get to community programs list I will highlight some of those for you. We talked about those gaps and some pretty big gaps in front of ground currently being farmed and may be farmed for many years into the future. This project may score better as a roadway project than it would as a sidewalk only pedestrian project. So, it's kind of on the cuffs of motorists needing -- you know, this roadway needing some improvements for the general traveling public in cars, but it really is hurting in the realm of connected sidewalks and pedestrian and bicycle connectivity, particularly to schools. So, again, that's -- some of this is my editorial and I'm -- and some of it may be speculation, but as the transportation commission scored and ranked these projects, as a general rule, this one scored pretty high. So, moving down -- that's the top 20 projects. And, again, the top ten are the ones that are most important -- or top nine. I guess number ten gets the same points as everything else, but everything above number ten gets two, three, four, five -- up to ten bonus points. I'm going to -- I'm going to scroll down to number 20, we can finish this off, and then -- and, then, jump back if we need to. The only one I want to highlight on here is another --anew project --anew number 31, Linder, Chinden to State. The only reason I wanted to highlight this to you -- it's not necessarily to jump up. It's not highlighted in yellow, but I did want to highlight it, because the LDS temple is actually doing a developer cooperative Meridian City Council Workshop March 11, 2014 Page 30 of 45 agreement with ACHD to make some improvements to this section of Linder. All this isn't in Meridian, but it's near the river, so that's all lumped together and I just wanted to highlight you that it's a big, expensive project to get from Chinden to State Street -- it's a big, expensive project, but some of that is going to be undertaken over the next couple of years with the LDS church doing a big chunk of that between Chinden and their facilities. They are right on the rim, so just to highlight that aspect of it. So, it's being chunked away anyways . So, with that, Mr. President, I don't know what you want to do, if you want to pause there and see if we can come to consensus on roadways, if you want me to run through all four lists and, then, double back to any of them, I guess I'm -- kind of up to your -- your call how you would like to run this. Rountree: I think let's -- let's do each independent group, roadways, and, then, move on. So, comments, questions on the roadways? Borton: Mr. President? Rountree: Joe. Borton: Caleb, on the list that you got there, you look at number -- go up to number 11. I'm unclear of the -- the function of the list, when you have got items like this that's already designed or done or nearly done right of way acquisitions established that -- would it -- what's the reason for having that ranked so high knowing that, you know, it's already in the hopper? Caleb: Yeah. Mr. President, Councilmen, Councilman Borton, it's a good question. My -- my typical rule of thumb is until it's on the 90 day bid list we keep it on our priority project list. If this project all of a sudden falls off and they see it's no longer a priority, they may put it on the shelf and it may not go into construction. With that project it's a little bit different in that it's a federal aid project, so if you were so inclined to move that one down -- I'd still recommend we keep it on the list to get the one point. But if you're so inclined to move that down a little bit, I don't think it really hurts anything, because, again, it's a federal aid project. But as a general rule I would not recommend we take any of these projects off until -- and you will see there are acouple -- if you look all the way down to the bottom there is two projects we removed, Ustick, Locust Grove to Leslie. It's under construction. And this one isn't going to score well. The other ones that -- unless construction is imminent they may read too much into that and say -- especially if it doesn't score well technically -- now, if it does they may proceed forward with the project, but it was our bonus points that kind of put it over the top. They may delay construction, so -- and, again, anything 11 to whatever doesn't really matter when they play out once, it falls out for the discussion next year. So, we can spend some time on those projects. I wouldn't recommend that one being in the top ten. In fact -- yeah. If you wanted to move it down and move something up in preparation for next year's list, but, again, the way I operate is I'm not taking it off or recommending we remove it until dirt is moving. It's at least being -- moving towards construction. Meridian City Council Workshop March 11, 2014 Page 31 of 45 Borton: Okay. Mr. President? One other question on item number four. I didn't know what the school district acronym was, CSR2. Hood: So, that's school district number two. Correct? Safe routes to school. So, what we will look at on the fourth list of priorities this afternoon -- what we -- what we do at the city -- at least in the past what we have done is I get the list from the school district -- they are our partners, so we want to know where their needs are, you know, what parents are calling them saying, you know, this -- we need safety busing here or they are having to safety bus because there is no sidewalks or pathways. We also work with the Parks Department on the pathway network to make sure we have -- looking at it as a network, so we have safe routes to school, so that's safe routes to school project from -- from the school district. Borton: Okay. Thank you. Hood: Sorry about that. Zaremba: Mr. President? Rountree: David. Zaremba: Just a comment and I think Caleb touched on this already, but the -- ACHD's priority is -- if I'm correct, generally based on hard history and that's where you see the level of service E or F. That's talking about what it is right now. What they don't necessarily do is I don't believe they do actual modeling for future, which is why Ten Mile north of the interstate, might rank lower in their suggestion. The discussion that we have all had is at the point where Highway 16 is partially completed and ends at Chinden, before it continues down to I-84, we are all concerned about what's going to happen to Ten Mile Road as the new major through way -- and I don't believe that ACHD's model forecasts, so that's the reason why they might rank slightly different from ACRD and why they give us the opportunity to put our forecasting into it and move them around, so -- Caleb touched on that, I just thought I would emphasize that. Rountree: Other comments? That's a perFect segue for me, David. Thank you. Caleb, I have got a bunch of questions and I reordered them significantly, as you well imagine. I appreciate the information ACRD generated. It's based on numbers. It's based on counts. It's based on accidents. It's based on lots of engineering criteria. It missed two things I think. One, in my mind where we are trending to see development in Meridian, there is a lot of lots coming online in the southeast and there is a whole bunch of lots already online, but are being resurrected in the northwest. I think that ought to be a factor. The other factors is that Imake -- find no sense at all making an improvement on Ten Mile, skipping a mile, and making another improvement on Ten Mile and, then, skipping probably the biggest improvement they need is a signal on Chinden, which is not ACRD. So, I have tried to make my mind -- and this very difficult -- work somewhat on a GIS level to come up with an ordering of projects. What I'd like to go see you guys do is take our roadway base on the GIS and identify where the projects are and, then, Meridian City Council Workshop March 11, 2014 Page 32 of 45 take where we are trending growth as another layer and, then, take where we have -- for instance, I don't see why we have an intersection that has -- maybe even has a temporary signal or -- like Meridian and -- and Ustick that has a reasonable signal. It functions in all movements quite well. And have that way before we provide even a temporary signal on some of these other roads, particularly in the southeast and the northwest and to some degree we need to look at what's going on south of us -- in the southwest as well, not just in our community, but Kuna is going to start dumping a lot of traffic on Ten Mile and, obviously, is going to affect our citizens as well. So, I think we need to take a little different spin on how we prioritize these, as opposed to benefit cost, because benefit cost is not including any of that stuff. It's certainly a -- it's a perfectly good measure, but we know some other things are going on, so I think we need to take that stuff into consideration and I would be glad to sit down with you and give you my numbers and maybe sit down with some darts and figure out where they ought to be, but I don't necessarily want to rearrange everything, but there is some of these that just sequentially don't make sense to me. Hood: And, Mr. President, if I may, a couple -- a couple of things and maybe just to work on your last point. This is something I think that I failed to really explain to the transportation commission and I know you know more of this than I do, but -- but this isn't necessarily -- it's a priority list and we look at -- should this one be done before the next one. Not do this one, then, do that one, then do this one necessarily. So, it's is this project more important than the one above or below it. So, I think the commission struggled a little bit with the sequence of that, saying why would you do this and skip a mile and jump up here before doing that and it's -- well, in this mile, in and of itself, is it more important than the mile listed ahead of it. So, we can do some of those things and we can lay this out how we would program it, but that's really not our job, we don't get to program it and budget it and say, well, this five million dollar project that's there and this ten million dollar project we ought to wait on, you know that, that's -- Rountree: That's a whole other -- that's a whole other piece of this puzzle. Hood: Yeah. And, then, there is a puzzle. So, I guess I would -- and if you want to rank it, but Ijust -- try and keep that in mind, that it is a priority rank. We don't have to worry about that necessarily, but, you know, balancing the budget and doing -- fitting in projects. They are going to have projects that are going to be near the bottom of the list, but, guess what, the dollar amount is right, so they can fit it in and do it, because they got the money and they can -- so, your other point, though, about, you know, the ratio not hitting the mark on where we are likely to see or where we are trending to in our community. That's really something that can be reflected in our list and, as you know, we send a cover letter with our priority list and we can ask ACRD to include that in the -- in that third column that I explained on page 11 in the memo, the policies or the politics of things. They have got bike routes that are -- they give points. They could have hot spots or -- or whatever. They could add a column for those areas that are up and coming or whatever. But it is -- I hear you, it is very -- we are five or ten years behind of where we should be, so it's hard to program for roads and intersections that will be in need in a year or two, because we are still trying to catch up to five years ago. Meridian City Council Workshop March 11, 2014 Page 33 of 45 So, again, you all get to decide where -- what project should be where, but, as Councilman Zaremba pointed out, too, level of service is -- it's what the level of service is and was, not where it's going to be. If that's where we want to go, we want to make that investment to northwest and southeast, we can -- we can say these are where our priorities areas are. How that gets accounted for at ACRD is going to be about as much, though. They are going to say people are stuck in congestion at Eagle and Fairview right now. We have got to do something right there right now. So, I hear you, but I don't know that there is going to be a paradigm shift over there at ACHD. I mean the cost benefit is still going to probably be the -- you know, congestion and safety is still going to carry a lot of the weight. But, again, if we want to put more emphasis on that, I'm -- I totally am on board with that. Rountree: I'm all aboard for safety, congestion is a nonentity or nonfactor. Most all the roads are going -- are operating at E and F are going to operate E and F no matter what we do. Where we try to make what we anticipate on some of these old, two lane, no shoulder, no drainage, barb wire fenced lined roads that we have got 160 or 230 or 80 acres of subdivision coming in and -- Hood: I can work on a map that shows, again, kind of where those -- Rountree: I would like to have that factor there as what our priorities are. I fully understand that they did it for 20 years, where you have got to fill in the blanks with money and whatever, but you have got to start from what we feel is reasoned as well within our community. Not to say that the list is wrong, but I think there is some movement on some projects that are going to take care of some issues on South Eagle Road that are going to be coming and we are going to be hearing about them and so is ACHD and -- and all the issues that we are going to see in another few months when the bridge opens up. We have got a whole line of projects on McDermott and I'm not sure that some of the roads and some of the intersections you're talking about on McDermott are even going to exist, so -- or even be open for traffic. So, I think all of that stuff ought to be slotted down some. Anyway, I'd like to just sit down with you and talk about some of the things I have here and, then, you can bring it back to us if -- if you don't mind on that one. Hood: That's fine with me if that's -- like I said, we have until April 30th. So, if we want some more time -- I was hopeful that we could get there today, but -- Rountree: We can do better. Hood: -- if you want to come back, we definitely can come back. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council Workshop March 11, 2014 Page 34 of 45 Zaremba: And I would add to that -- I have looked through this list and had the opportunity to hear the discussion at the commission -- transportation commission, but I personally respond better to maps. If I can see visually -- and I think as Councilman Rountree is saying, if we could prepare some kind of a map that shows future development as well and, then, we can say, okay, we know that ACHD has a red line in this section, but we think it needs to be double red or whatever, if there is a way to show us a map I know that makes life easier for me. I don't know about others. Hood: I want to temper expectations here a little bit. We can -- I can make maps. Don't get me wrong. But some of the information that you may be requesting I don't know that I can overlay that in GIS and produce -- I know they have a map showing all projects in the five year work plan. What they don't get into is the CIP and the 20 year list, which is where most of our projects are. There is very few of them that are actually in the five year plan. I don't think that they produce a map that shows red for the next five years, green for year six to ten, orange for -- for 11 to 15. I don't know that I can make that -- or it's going to be very rough. I mean I can put something together, but it's probably not going to be GIS and easy to manipulate. So, I will do what I can, but I'm not quite sure I can get this map that has everything. We may just need to look at a map, an aerial, and say, you know -- and I can say, you know, development is happening here, you know, this is -- it's not in the CIP and I can look at the CIP and, yep, not on the CIP or, yep, it's in the -- the third or fifth year silo in the CIP or whatever and we can prioritize that accordingly, but -- Rountree: If you just had a map with the projects on the project list identified and what their priority suggested rank is, I can still use one of these and I can still use a legal pad. I don't need all of the other information. Hood: Okay. Rountree: The information I need to think it through I will write it down, but it's kind of hard to follow -- Hood: Okay. That helps me with the map. Rountree: Yeah. Hood: So, I can -- I will give it a shot and maybe if you come visit me we can -- Rountree: Yeah. Hood: -- we can figure out what that looks like. Rountree: I will do that. Hood: So, can we -- Mr. President, can we -- Meridian City Council Workshop March 11, 2014 Page 35 of 45 Rountree: Please. Hood: -- go ahead and run through the list, though, anyways today and, then, with the understanding we aren't going to get there today, but -- are there any other comments on roadways or does everyone want to wait until we can see that map and hear -- okay. So, intersections, which begin on page five of the -- the memo and I will go ahead and just scroll to that real quick. This one I think is -- you know, I will save the comments -- the discussion we just had to me, in my opinion, is fairly solid. Again, that may be, you know, looking backwards and not forwards as much. Just highlight a couple of the projects, I did find it a little bit odd, although maybe not overly surprising, but the Fairview, Locust Grove intersection project with a new number two did jump up pretty substantially from number 12 to number two. I will note our number one priority from last year is under construction, so it's -- it's not on the list -- or it's on the very bottom of the list, because, again, it's on that -- it got cropped off a little bit here. It's under construction there in the Ustick corridor. Just a little bit to the point, because I did hear of the discussion last week, you know, Eagle-Victory intersection. Some sensitivity -- and not to jump backwards, but that -- that roadway segment is our highest in South Meridian at number nine on our roadway list, the Eagle, Amity to Victory. So, some of the concerns you heard last week with the development application is in the top ten, it is a known need. We are -- it is on our list. It's not higher than at Ten Mile, but it is -- but it is up there currently. Some of the other projects -- the intersections -- I think this -- when we get a map and I can kind of show you some of the stuff, the intersections I think is where really south Meridian kind of is -- has been lagging behind. Particularly in the intersections. So, if you look -- first look at the intersections list, this is where, you know, the two lane roadways meet four-way stop controlled intersections and we have actually made a lot of progress over the last few years in getting at least an interim signal or a single lane roundabout or something other than four way stop control or two way stop control in Meridian. But there are still some fairly substantial needs, again, particularly in south Meridian where you don't have a -- a signalized intersection or something better than a stopped controlled intersection. So, I'm not going to run through all of those, but roughly half of our projects -- intersection projects are in south Meridian, because that is probably, as a general statement, where the biggest need is. Also just to note -- and Councilman Rountree touched on this, too, but the state facility, Chinden, four projects in the top ten on Chinden. So, that's, again, maybe somewhat of a reflection of where we are now, but also where we are going in northwest Meridian. Chinden is a major corridor. The State Highway 16 extension. There is -- there is already a need and there is going to be more of a need there on Chinden in through those intersections. I will just point out on that -- that number 11 -- new number 11, that intersection that was alluded to previously is under construction. So, Walmart is -- and has entered into an agreement with ACHD to rebuild and signalize the intersection at -- at Chinden and Ten Mile. So, that piece -- it's not the ultimate configuration, it's not, you know, the nine by seven that probably some day it will need to be, but it will be signalized, there will be turn signals -- turn lanes added and auxiliary lanes and it will be rebuilt. So, did want to highlight that, that there are some improvements there to that intersection. The Chinden-Black Cat intersection kind of came out of nowhere a little bit, but, again, it makes some sense. With 16 going in, this would be a bottle -- create -- Meridian City Council Workshop March 11, 2014 Page 36 of 45 create a bottleneck. You got Ten Mile and Chinden under construction, you got a new -- where 16 comes into Chinden, obviously, that will be -- that interchange will be -- will be completed and so this would be right in between, so it makes some sense for that to be at least in the running for -- for one of the top projects, so -- but it wasn't even on our list last year. So, that's a new project that jumped immediately into the top ten. Amity- Eagle, again, there is some recognition. It was 22 last year. It's proposed as 14. So, again, understanding that there are some needs. Lake Hazel-Meridian, again, not even within the city limits, but -- but our residents do use that intersection. I would guess that probably alarge -- larger percentage of those folks are from Kuna or -- or -- would benefit more from that, but -- and I think that's probably some of why it's still kind of near the bottom is it is on the outskirts of Meridian. The city limits don't go out that far. But, again, that's just some speculation, because that one to me is an outlier, yet it's still number 16. So, any other project probably would have been in the top ten. Or any other location, but -- so those are just a couple of observations, I think, on the intersection priority list and, Mr. President, with that I -- I would stand for any questions or to jot down any comments you have. Rountree: Comments? Caleb, my comments is I'd move the first three down. I'd move them down below probably 18. We need to get some signals on some of those intersections that don't have any signals. Those three have -- granted they are temporary, but they are not timed with any roadway improvements particularly and they work as well as they are going to work. They are not going to necessarily improve congestion, because the roadways themselves are not improved, so, again, Ijust -- maybe I'm overthinking this stuff, but just -- I really see a need on some of these outliers that we are not paying attention to. We do have -- granted, they are not seven by sevens and whatever, but they work. Hood: They do. And, Mr. President -- and, again, you -- I think you know most or all of this, but maybe for some of the others on the Council that this is their first rodeo. Some of that level of service -- that is a peak time, so it is, basically, an hour, maybe two hours of the day where it really doesn't function efficiently for a lot of these. The rest of the day the level of service is going to be C or D. You know, something that is, you know, pretty free flowing traffic. So, I'm not saying don't put any stock in level of service, but you could. I mean, you know, those top three -- you know, Franklin-Black Cat to me that one is one that -- I under -- that one I understand the importance, because Franklin is a detour route for the interstate. So, that one is on that corridor where you say, boy we need to really make an investment in this, because if there is an accident an I-84 where are people going to go and that's the designated detour route for the interstate if there is an emergency there or an accident that shuts down the freeway. But if you look at this day to day, I mean that's -- that's the rare occasion. Should that -- should that be something that trumps everything else, because you have an accident once or twice a year and people have to detour to Franklin? I don't know. May, maybe not. But -- and that was just a comment on level of service and I got off on -- down a rabbit trail I shouldn't have, so I apologize. Meridian City Council Workshop March 11, 2014 Page 37 of 45 Rountree: But the other piece of that is that once 16's across the river, Black Cat is going to be a -- a corridor of choice to get to the interstate. With Franklin being improved out there and -- I mean that intersection ought to be coordinated with the Ten Mile-Black Cat roadway improvement. It ought to go together. And it's down, what, number six? Five? Okay. All right. Milam: Mr. President. Caleb, because I am new, can you explain the level of service and how that is calculated at these intersections? Hood: Mr. President, Council Woman Milam, yes and no. Probably not to the technical -- I mean I don't calculate level of service, but, basically, it's a -- there is a ratio of cars that can get through or by a point in time and so if you -- if you think of level of service the way I think of it is in grade school I got graded on an A to an F. A is great. I'm head of the class. F you're failing. Stop -- you're basically more stopping than going and A is free flowing. Cis still pretty good. There is other cars on the road. You can change lanes pretty easily and you're going the speed limit, you're able to maintain. When you start to get into E and F and you really start to get road rage and those types of things and it's calculated by a VC ratio or volume -- Rountree: To capacity. Hood: -- to capacity ratio. So, however many lanes there are, how many cars go through there, what's the speed limit, they can calculate, you know, how many -- what that VC ratio is. So, it's a -- how -- again how many lanes, how many cars to give you a VC ratio that kind of gets to a -- and, then, again, the level of service we use -- or that ACRD uses is our p.m. peak. So, from 4:30 to 5:30 or 5:00 to 6:00 or whatever that p.m. peak hour is, that's what you see reported out here. It's on a daily level of service, but a p.m. peak level of service. So, I don't know if that's enough, but, basically, that's how it's calculated is how easily is it to traverse either through that roadway or intersection. Milam: Okay. Thank you. Zaremba: Mr. President? Rountree: Easily identified in as this: If your hand gestures exceed your progress you're at level of service F. Zaremba: I was just going to add that the -- factored in there for an intersection, if it's a signalized intersection, is how many cycles of red-green does it take you to get through that intersection and at a -- at a four way stop intersection it's a similar kind of a thought, but -- Milam: And would improve that. Zaremba: Beg your pardon? Meridian City Council Workshop March 11, 2014 Page 38 of 45 Milam: And it would improve that. Zaremba: Yeah. What can you do to improve it. Hood: Mr. President. You add lanes. You add a signal. Milam: Add lanes. Hood: That's what was alluded to, you can only get to a certain point -- I mean Eagle Road is a good example. It used to be two lanes. It's still a level of service F at the p.m. peak. I mean you can add lanes -- it buys you a little bit of time and hopefully longer, but sometimes you're going to attract more people there, because you just widened it, so that added capacity, you're going to draw more motorists potentially. Milam: Thank you. Hood: So, I'm going to move along, unless there is anymore comments on intersections at this point. ITD. Pretty simple this year. Nothing really changed in the -- the scoring and ranking, just a couple of things to note on this one. You can see I have recommended that we remove a previous number one project, Meridian Road interchange, rebuild. Obviously that has been bid. The bid -- apparent low bidder, if you haven't heard, 50.8 million. That includes the main line widening of the interstate as well. Went to Concrete -- Concrete Placing Company. So, that -- that is -- that portion -- that bid, actually, the work hasn't started yet, but this April. So, that project I'm recommending we take off, because, again, that -- that bid opening was last week. A couple of other things to note on the state list. I already talked about the -- the intersection widening at Ten Mile and Chinden. The Chinden-Locust Grove and Chinden-Meridian are actually in the ITIP, which is the Idaho version of the Transportation Improvement Plan. So, it's a statewide improvement plan. Those two projects are actually in the ITIP for construction in FY-18. So, that's kind of some exciting news that was announced fairly recently. And, then, they have some money also in right of way preservation for the corridor. So, a little bit different than ACHD's projects. These are pretty big projects. I mean we are talking all of Chinden throughout Meridian. We don't have them listed out from, you know, Locust Grove to Meridian, Meridian to Linder and so on and so forth. We just list the corridor and so there is some money that should be consistent. It's no longer the STIP, it's the ITIP. That's carried over. I apologize. But there is money also for right of way preservation. So, as development projects come online they can potentially acquire the right of way and not have to go back and buy that from developers in the future. Just one more thing to note is with our priority number three Eagle Road, there are two projects coming up sometime this next year in '15. They both are between I-84 and the Village, essentially, or Records, Fairview. One of them is being done by the developer there, CenterCal Properties, and widening Eagle Road from there to Franklin. And, then, the state is actually doing the last kind of piece of that from Franklin to I-84 on ramp westbound. So, those two projects -- I'm not quite sure -- I have got a phone call in right now to Meridian City Council Workshop March 11, 2014 Page 39 of 45 Michael Garse about the coordination of those projects. I'm not quite sure the contracts are going to be let, how seamless that's going to be, but they are listed as two different key numbers, so I'm hopeful and I will keep you updated on that as I do my all things transportation updates here throughout the year. Not quite sure how that's going to play out. Those actually slipped a little bit. They were supposed to be done this year and I just found out that those got pushed back for some reason. Like I said, I got a phone call into ITD to figure out what's -- try to figure out what's going on there, but, anyways, there is some more improvements to Eagle Road coming, too. Bird: Mr. President? Caleb, they already -- they are starting to move the power poles between Franklin and I-84. So, evidently, they are getting ready. Idaho Power is out there -- or their subcontractor is out there moving poles there the other morning. Hood: Yeah. Mr. President, like I said, as I get some more -- a little more concrete timelines about what's going on when, it's --'15 is here, essentially, so it may be sooner rather than later. I'm just trying to get a little bit better calendar. But I did want to let you know that, yeah, roadwork, again, on Eagle Road is gearing up, so some utilities are already out there. If there is no comments on this I'm going to move to our last list for today, if that's okay with everyone, and that is, again, the community programs projects. Again, to simplify, these are, essentially, safe routes to school or sidewalk or bike, pedestrian type projects. This one we put the most into the project description or narrative so you can understand kind of what -- what -- excuse me -- what the need is or where the request maybe originated from. I want to just highlight a couple of these projects, as I did on the other ones. The first project on the list was our number one from last year. No change to that. It doesn't score overly well with ACHD, but I do want you to know that the principal from Meridian Elementary was here listening to Lori den Hartog's spiel, if you will, on CDBG and I talked to him for a little bit and he's looking at putting in for a CDBG grant to make the connection on the back side of Meridian Elementary to 4th Street. There is a little connection in there. So, this project Igot -- there is some affirmation there that this project is important, the principal was here talking to us about how to improve connectivity again on the back side of -- of the elementary school there in our downtown and so not to influence you anymore, but I just wanted to let you know that -- that that is pretty important to our community and, again, as a safe route -- there are quite a few kids that walk to that elementary school, they aren't being bused in the surrounding neighborhoods. There has been some great improvements in that general vicinity over the past couple few years, too, all the way from 8th Street and the middle school -- it's a pretty good connection now between Meridian Middle and the elementary school there, kind of the back door. There is some -- some little pathways and connections that make that nice striped crosswalk they recently put in with the curb ramps and lighting on 8th Street and all those types of things kind of in this general vicinity. So, just a little bit on there. The other one I wanted to spend a little bit of time today is the new number four. That is Pine Avenue, Ralston, into downtown. What I would actually propose to you today is a little tweak to that. If you -- if you move to the second page on the memo -- and I will just scroll there real quickly, too. Number 20 on our list is a new project, but in talking with Ryan and Matt Edmonds at ACHD a little bit, what I would propose we do is kind of morph -- and Meridian City Council Workshop March 11, 2014 Page 40 of 45 we can talk with them a little bit more -- this project number four already scores well in their programming and, in fact, it's in -- it's in the integrated five year work plan for construction in '17 and I'd like to see that piece of that project still move forward, but I -- what Idon't want to lose sight of is the overall importance of Pine into our downtown from -- from Locust Grove and so what I'd like to work with them on is, basically, designing four improvements on -- on Pine. Again, we are talking between Main Street and Locust Grove area, because the benefit to motorists isn't that great. Pine ultimately is only going to be a two or three lane roadway. So, the things you're just talking about, level of service and adding capacity, is not adding a lot of capacity. It's never going to score well as a roadway project, unless just -- people start crashing and dying out there, then, maybe it will score okay, but as far as just driving it and having congestion and delay, you're not going to add anything but a center turn lane in pieces. So, you're not going to get a real big benefit. But as a walking and biking facility, Pine is it. Pine, Executive, Emerald is a major bikeway corridor and there is huge gaps in Meridian in that infrastructure. So, again, what I would propose is basically taking number 20 and integrating that scope in with number four, making it our number four project, hoping that that doesn't -- ACHD doesn't say, well, it will never work, taking that off the list, then, and we got to rescope it as this whole big Pine project, you know, let's do the rest of the pathway that we have been working on over the past several years, let's not have it be throw away money. Let's put it where it needs to go ultimately and build that and, then, start to talk about the south side of Pine and what that can look like and where bike lanes could go and all this. So, that's my -- my pitch to you. I didn't make it as clear I think to the transportation commission. I did talk to them about it, but I don't know I was -- hopefully that makes sense to you all -- when I talked to them about it I was probably a little more vague in my request to them. But that's what I would propose to do is take number 20, integrate that with -- with number four and leave it there at number four and really show how important Pine is. So, I don't know how many of you drive Pine or understand what's out there on Pine, but I traverse it sometimes. I try to keep my personal experiences out of this as much as I can, but there is people biking there and walking there and there is not a lot of a shoulder and you're in rutted driveways and it's -- it's not the -- the nicest place if you're not in a car. So, that's probably enough on that one. The other -- one of the other ones I wanted to just highlight real quickly that should have been yellow in your memo, but I failed to highlight it as such, is the new number six, Northwest 2nd Street, railroad to Broadway, there should be a yellow highlight on this. Again, this -- this is a new project this year and it jumped all the way to number six. Some of this had to do with the relocation -- well, a lot of it had to do with the relocation of the Food Bank into downtown and patrons and where they park and sidewalks and private property versus public realm and so we'd like some more definition there of where can I park as the public, where is the sidewalk, and so that's kind of what that project is. But, again, that one should have been highlight as it accelerated on our list of priorities this year, at least in draft form. Now, that also goes for number eight and nine. I'm not going to talk too much about them, but those took substantial -- substantial jumps up this year as well. And, then, onto the second page, projects 15 and 16, that's Meridian Road and Main Street for the Rail With Trails -- hopefully you all know we have received a grant and we are working on -- you all approved a contract to work with PEC on doing an arterial crossing study. So, this is Meridian City Council Workshop March 11, 2014 Page 41 of 45 to put -- ACRD already knows -- but to eventually put them on notice to let them know that we need to start talking about making those improvements to railroad crossings to Meridian and Main Street here in the downtown in hopes that the Rail With Trail gets put in in the near future. And, then, number 20 again took a jump. That I already talked about, because I'm going to combine that with number four, if everyone's okay with that. And, then, finally, as I mentioned at the beginning of this presentation -- I'm sorry this is running long, but it tends to be the case with this particular item. Number 26 -- 25, 26 -- no. I'm sorry. The new number 25, old 26, we did have Becky Barnes came and testified on this. This, again, is that section of McMillan where there is a large -- there is lots of gaps out here on McMillan and so this one was one that was determined to move higher on the roadway list to get the sidewalks in, but there was a citizen request and there has been some accidents out there and some near misses out there as well, so right now as a community program project that's fairly low, but we accelerated it on the -- on the roadway sign, so -- I had one -- sorry, I know I keep saying it's the final thing. One last thing I think. I would request -- there has been anew -- new request made just within the past week. At P&Z last Thursday -- Planning and Zoning Commission last Thursday, some of the neighbors in Kentucky Ridge came -- Meridian Heights. Kentucky Ridge Way south of Victory is a rural street section and there is now development going on with the annexation that is pretty fresh to everyone here. So, the residents in Kentucky Ridge have requested that sidewalks be put in along that collector street. So, I would request that we add that to the list, Kentucky Ridge Way south of Victory, basically retrofitting that rural cross-section with curb, gutter and sidewalk and what I would propose is that we insert that in at number 20 where I just pulled Pine from and combined that with the other Pine project and make that our number 20 priority project for this year. And, Mr. President, with that -- sorry for being long winded this afternoon, but I believe I'm done. Rountree: Comments? Bird: I have none. Rountree: Caleb, I agree with your suggestion by combining 20 and four into priority four. Makes a much bigger project, but it -- gosh, it kind of sounds like us trying to do with the roadways is it makes continuity and it makes sense, so I would suggest that we take priority nine off and let's get that accomplished with the roadway and from Franklin to Pine, cross the railroad tracks. Otherwise if we did something before that it's just a throw away project and it's taking up space and I don't think we need it on here. Hood: Mr. President, I'm not following you. Number -- the new number nine? Rountree: Your new number nine on your community programs. Hood: Okay. Rountree: It's the Linder railroad crossing. Meridian City Council Workshop March 11, 2014 Page 42 of 45 Hood: Oh, I have got Black Cat and Moon Lake, Ustick, as number nine. Rountree: My printout apparently is different, because this is the one you sent me. Hood: Yeah. That was a draft. Apparently before -- Rountree: So, it's changed. Hood: I'm sorry, what was the segment? Rountree: So, where did that go? It was the only -- old ranking number four. Hood: What's the project name? Rountree: Linder, railroad to Franklin. Hood: Linder Road. Rountree: Maybe you took it off already, if I haven't got the most recent. Hood: Yeah. It is still on the list, but it moved down to number 32. Rountree: Okay. That's all right. It can hover down there. Hood: Yeah. It's -- Rountree: Okay. Hood: And that was the thinking, yes. That's a roadway project, not a pedestrian project. Rountree: Okay. And I'd probably move your suggested number six to after the Fairview, East 3rd to Locust Grove, but I know there is issues over there and Bill's probably going to throw something at me if you did that. Hood: It's still in the top ten, so -- Rountree: Still in the top ten. And it will get moved around based on funding. Hood: So, is everyone comfortable, then, if we have a little bit of a iterative. I will make some changes -- if anyone else has comments you can go ahead and -- well, we got to plan it with the transportation commission is if you e-mail me something what I will do is I will put in -- the clerk helped me out here -- put it in a little folder, that way everyone can see everyone's comments, but I will compile them, make revisions, and, then, we will talk about it here -- I would probably say at least a couple, if not three or four weeks. Meridian City Council workshop March 11, 2014 Page 43 of 45 We don't need a date certain here, I can just add it to the agenda when we are comfortable. Rountree: Yeah, that, or the end of the month or next workshop even. Hood: But if you want to shoot me e-mails based on what you see here, hey, I would like this project to move up or that one to move down or add this project in or whatever, go ahead and feel free to shoot me those, but I will keep a record and, then, ask the clerk to put those on, so you can see any comments received between now and then, so -- Rountree: Thanks, Caleb. Hood: Thank you. Zaremba: Mr. President? Rountree: David. Zaremba: I just wanted to comment. As you're all aware as we go through this, there is an awful lot to absorb and Caleb does an excellent job of summarizing. This was just a summary of -- of what's going on and he's able to pull together other things that are going around in the city when he makes his analysis and I just want to say I appreciate his work a lot. Item 8: Ordinances A. Third 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 Rountree: And I appreciate his patience with me. But that's okay. Next item, Item 8-A, Ordinances. It's the third reading. If we could have this third reading of 14-1596. Holman: City of Meridian Ordinance No. 14-1596, third reading. An ordinance to amend the municipal code of the City of Meridian, county of Ada, State of Idaho, amending Title 10, Chapter 7, Section 12, Meridian City Code, known as the Meridian Impact Fee Ordinance Fee Schedule, to provide for an amendment to the Police, Fire, and Parks and Recreation impact fee schedule and providing an effective date. Rountree: You have heard the ordinance read by title only. Anybody out there left that wants to hear it in its entirety? Seeing none -- Bird: Mr. President? Meridian City Council Workshop March 11, 2014 Page 44 of 45 Rountree: Mr. Bird. Bird: I move that we approve Ordinance No. 14-1596 and a date certain of May 1st, 2014. Milam: Second. Rountree: It's been moved and seconded to approve the ordinance with a date certain and seconded. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Rountree: Item No. 9, Future Meeting Topics. None there. Item 10: Executive Session Per Idaho State Code 67-2345 (1)(f): (fib To Consider and Advise Its Legal Representatives in Pending Litigation Rountree: Item No. 10, Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (5:29 p.m. to 5:59 p.m.) Item 11: An Action by the City Council May Follow the Executive Session Rountree: Mr. Bird. Meridian City Council Workshop March 11, 2014 Page 45 of 45 Bird: I move we come out of Executive Session and let it be known that no decisions were made. Zaremba: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor say aye. MOTION CARRIED: ALL AYES. Rountree: Robert, did you have something you wanted to -- Bird: Move we adjourn. Milam: Second. Rountree: Moved and seconded. All in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:59 P.M. (AUDIO RE~O.E~DI-N~G~ON~FILE~QF THESE PROCEEDINGS) P-RESID€-P1T CHARLIE-~O .EE ~r~DAU . DATE APPROVED ATTEST: ~~G°~ ~9°~~ ~, Ciry of ~ --~ __ _-- ~ r E IDI~~ - JAYC HO A , CITY ~~ ~~~, F s- y r~~ °~ die F@6;t~~~-' ~-i ian ity ncil a tin CLERKS oFF~cE F~NaL acr~on- DATE: I E-MSTLAED TO I AGENCYO I APPLICANT I NOTES I INITIALS Meridian City Council March 18, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March 18, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba Joe Borton, and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya Watters, Clint Dolsby, Jamie Leslie, Chris Amenn, David Miles, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Welcome to the City Council meeting. We appreciate having you all here. In particular our Boy Scouts. Always nice to see the young people of our community, especially our Boy Scouts. You do give us hope and confidence in our future. So, thank you for being here. For the record it is Tuesday, March 18th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led by Troop 198 of Fairview LDS Ward. Caden Gardis is going to lead us. If you will, please, come forward. (Pledge of Allegiance recited.) De Weerd: Caden, if I could give you a City of Meridian pin for leading us in the pledge tonight. Thank you. I think you should have earned two merit badges for that. I guess should talk to your leader with that remark, huh? Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor. He is with Ten Mile Christian Church. If you will come join us in the front, Darrell. I would ask that all of you join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Meridian City Council March 18, 2014 Page 2 of 56 Taylor: Thank you. Let us pray. Heavenly Father, just thank you for this beautiful day that spring is coming. Maybe not as fast as we would like it, but we will -- we will let you do that. Father, just ask that we may be reminded as spring is here that there are new beginnings and new life and we just thank you for that reminder that old things can pass away and new things can come up brand new. Father, we just thank you for the Boy Scouts here, for their dedication and their service to their community. Father, for the -- just ask a special blessing on those that make Meridian a wonderful, beautiful place to live. For those that are dedicated to service and for -- for protection to -- to make this a great place to retire, to raise kids, and just enjoy life. Father, for those that are in our armed forces that you will keep them safe as they keep watch over us and, Father, for -- for our nation, that you will continue to bless this nation under God and as -- Father, a special blessing upon this -- this meeting, Father, for and -- and for resolve and, Father, again we are so truly thankful to be in this community and for those that help support it, we just thank you, in Jesus' name, amen. De Weerd: How appropriate you led us in the invocation, Darrell. Certainly you have been very involved with the Boy Scouts and your leadership is appreciated as well. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A couple of notes, additions to the agenda. Item 8-A has been requested to continue to March 25th. Item 9-A, the Resolution No. is 14-981. And Item 10-A, the ordinance number is 14-1600. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of March 4, 2014 City Council Meeting B. Development Agreement for Approval: AZ 13-010 McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 Meridian City Council March 18, 2014 Page 3 of 56 N. Linder Road and 1437 W. McMillan Road Request: Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C-N (6.58 acres) Zoning Districts C. Approval of Findings of Facts and Conclusions of Law for Denial - MDA 13-024 & PP 13-039 Falconers Place by Falcon Drive Meridian, LLC located Southeast Corner of E. Falcon Drive and S. Eagle Road. Denial of a Request to Amend the Recorded Development Agreement (Instrument #105152708)to Change the Development Plan from a Retirement Community to a Townhome Community for the Proposed Falconers Place Subdivision. Denial of Request for Preliminary Plat Approval Consisting of Two (2) Residential Lots and One (1) Common Lot on Approximately 4.69 Acres in an R-8 Zoning District. D. Final Order for Approval: TEC 14-002 Centrepointe North by Jonathan Seel Located West Side of N. Eagle Road, Approximately a 1/4 Mile North of E. Ustick Road Request: Two (2) Year Time Extension on the Preliminary Plat in order to Obtain the City Engineer's Signature on a Final Plat E. Sewer Main Easement for the Village at Cold Creek F. Police Department: Subgrant Agreement for Ada City County Emergency Management Grants G. Cooperative Agreement for Sewer Improvements at the Interstate 84 Meridian Road Interchange - 2 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. Meridian City Council March 18, 2014 Page 4 of 56 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Parks and Recreation Commission: Annual Report Presentation De Weerd: Item No. 6 under Community Presentations we have two of our commissions here with us tonight and I will ask our Parks and Recreation Commission chair to come forward, Matt Stoll. Thank you for being here, Matt. Stoll: The live one or -- De Weerd: They are both -- Bird: They are both live. Stoll: Madam Mayor, Council Members, thank you for this opportunity to present to you the annual report from the Parks and Recreation Commission. My name is Matt Stoll. I serve as the president of the commission for 2014. I have the good fortune, actually, of reporting for the past fiscal year of 2013, the good work that was led by Commissioners Phil Liddell and also Commissioners Treg Bernt in their role as the commission president. So, I take no ownership as the president of the commission on these, but we were a participant. I'd also like to acknowledge my vice-president Tiffany Coleman. Treg Bernt, as I mentioned earlier. Sharon Borton. William Fitzgerald. Kent Goldthorpe. Phillip Liddell. John Nesmith. Creg Steele. They all do good work and they are appreciative of your appointments as volunteer members on the commission and we have a grand time. Our 2013 highlights. I'm going to hit the --just the highlights of the seven page report that you have received of our accomplishments, because you have a busy schedule. Our all commission goal number one was to pursue additional funding sources for future pathway construction opportunities. The key criteria that we hit this past year -- or, actually, was the staff for the Meridian Parks and Rec, they applied for and received a federal grant to study the arterial road crossings for the Rail With Trail project. I think that's going to be a critical study that's going to help out with the commission's and the city's goal of creating a viable pathway network for our citizens. All commission goal number six, complete the production of a Parks and Recreation Department community video. That was completed in the spring and unveiled in July. I believe it's on the website. It certainly has been reviewed with you and I encourage the citizens to take a look at it. It's a great video that was led by Treg and by Tiffany, with the support of Collin Moss off your staff and it's just -- it's outstanding. The all commission goal number seven implements the parks dedication signs at all parks. The commission has completed the basic layout with information and language for the park dedication signs to memorialize the great work of our elected officials, the staff, commissioners, and our partners in developing these City of Meridian Meridian City Council March 18, 2014 Page 5 of 56 parks and I think it's something that's duly needed and also it's going to highlight our great park system and the folks that are responsible with it -- for it and creating it over the years. We look forward to the unveiling of the signs over this next year. Our Parks and Rec Commission also created and implemented a Z card map for distribution to the public, highlighting our parks and pathways. It's a great little pocket thing that some people need to have an engineering degree to get it back together, others of us just can't get it figured out, but it's a great thing to help the general public and the kids looking at how to get around the area and what parks are available. Events I would like to highlight that we have had. The Christmas tree lighting ceremony has been a great event over the past few years and it's due to the commitment of the staff and the volunteers to participate in it. I'm supposed to talk about the 2012 one, but, quite frankly, 2013 is more immediate and as part of that we had the Winterland Parade, which was requested by the businesses and the citizens to bring it back and I think it was a great event. A little chilly for the folks that were on the floats, but it was a great next step forward and looking forward to this coming year's parade and hope to see you all and the citizens there. We also had the Winterland festival, which is always a success and the proceeds benefit organizations and families that are in need. For fiscal year 2014, the commission has quite a few goals that I won't go into specifically what they all are, but we are looking to -- looking forward to updating the comprehensive park system master plan and getting input from the citizens on the development of that plan. We are also looking forward to working with the Council on the development, design, and construction of the new dog park in Storey Park. We just last week had a review of that and all of us are looking forward to that implementation, we think it will be quite a benefit to the citizens and as always we are looking to continue funding for -- identifying funding for our pathway network for the citizens. I'd like to acknowledge the great work of your staff from Parks and Rec. I'm not going to hit everybody that's part of the Parks and Rec Department, I'm going to touch upon the folks that we deal with on a routine basis, but, quite frankly, you have an outstanding staff all over. Rachele Meyers has been fantastic herding cats and we can be -- not as attentive as we need to be on getting things accomplished. Garrett White has been excellent working with us. Patrick Dille. Collin Moss. Jay Gibbons. Mike Barton. And, of course, Steve Siddoway. And we have enjoyed over this past year our liaison Council Member Zaremba and we are looking forward to working with Council Member Cavener in this upcoming year. With that I'll stand for any questions that you or the Council may have. De Weerd: Thank you, Matt. And certainly I would want to extend our thanks to you and the parks commissioners that are here. We know the time and effort that you put into serving on the commission. All the detail and the passion that each of you bring to it is greatly appreciated as well. So, Council, any questions for Matt? Bird: I have none. Just thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council March 18, 2014 Page 6 of 56 Cavener: Not so much a question, just more as a comment. I would reiterate what Matt said that this commission does have a grand time. As their liaison I enjoy the lively discussion that this group has. I think it's important for the public to know, too, that the Parks and Rec Commission is a working commission, so not only do they come and discussion a variety of topics, but they also work on them throughout their meeting and I think that makes you as an organization very effective and I'm appreciative of your time and your volunteering. Stoll: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Matt, I as well thank you all -- your entire commission. You're the hardest working bunch of folks that I could imagine to put together to get something done and you all have that goal of let's get something done for Parks and Rec and you do a great job. You did mention one thing and I think we have all supported it, the plagues for the parks and you're kind of in a final form. I know we have seen them, but it might be a good idea to see them one more time, particularly with the historic knowledge that Councilman Bird has particularly on things that have gone and me, to make sure we don't forget somebody. We don't like to do that, but occasionally do. So, I think that would be good to do as part of your final review of those, if you would. Other than that, keep up the good work and help support the city's desire for the best and grandest parks and recreation system that we can put together. De Weerd: And pathway system. Rountree: And pathways. De Weerd: Any other comments from Council? Okay. Thank you again. Stoll: Thank you. Have a great night. De Weerd: And I ask that -- I know that Tiffany and Phil are here. Will you, please, stand up as well. I know the Council knows you, but we appreciate our citizen volunteers. So, thank you. B. Historic Preservation Commission: Annual Report Presentation De Weerd: Okay. Our next report is from Blaine Johnston and he will come and talk about our Historic Preservation Commission that also had some exciting things that you have been working on over the last year. So, welcome to our Council meeting. Meridian City Council March 18, 2014 Page 7 of 56 Johnston: Madam Mayor, excuse me, Members of the Council, thank you for this opportunity to summarize what Meridian Historic Preservation Commission has been doing. My name is Blaine Johnston, I am chairman of the Meridian Historic Preservation Commission. Excuse me. In 2013 we partnered with TAG Historical Research and Consulting Group, to develop a five year plan for the commission. The goal of this partnership is to identify and prioritize areas of historic significance within the City of Meridian, determining which areas are at greater risk for losing their structural integrity and/or being compromised by development. As a commission we use this information to schedule and pursue additional survey of the area, as well as consider possible nominations to the National Historic Registry. The plan includes a comprehensive history of early Meridian and summarizes the work the commission has done to this point, including details on previous property surveys and the properties listed on the national registry. A copy of this plan is available for you to view at the city clerk's office. We encourage all residents to review it and gain a greater understanding of the part each person plays in their own history. The commission celebrated National Historic Preservation Month in May by hosting three presentations. This year was especially important to Idaho as Idaho celebrated its territorial sesquicentennial with three presentations that discussed topics are -- were of irrigation, the interurban railroad, and Abraham Lincoln's efforts on effect of Idaho's early development. Approximately 35 citizens attended each of the events in City Council chambers. We received statewide recognition for these presentations through Preservation Idaho. Many Meridian residents are completely unaware of what an important role irrigation plays in survival of our community. Preservation month is always a great opportunity to not only remind citizens to preserve our history, but also our natural resources. If the Boise River is not maintained and cared for, irrigation ditches in our community will not function. We live in a desert and our resources should be protected carefully. The historical society also put together a wonderful program that allowed residents the opportunity to learn quick and fun facts about Meridian's early properties and residences. If This Property Could Talk signs located -- were located all over downtown area and display the character that makes Meridian such a unique and vibrant community. This low cost outreach program is a nationwide effort -- event and each May If This Property Could Talk signs can be found on main streets all across the country. HPC also has a presence through social media. The Meridian History Center has a page on Facebook, so if you have not had a chance to go out and like us, please, do so. HPC took on a major endeavor this year and created our history page on the city's website. While the commission maintains the external page through WIX, the site through meridiancity.org is more comprehensive. It includes a history of the area, early residents, tons of commission news, and property information. It is through this new website the multi-media portion of the newly revamped walking tour will be available. Members of the commission also participated in walking tour subcommittees. This group features a unique partnership with the city, Meridian Development Corporation, and Historical Society, whose goal is to revamp and re-launch the updated walking tour program. The updated tour provides citizens with a fully accessible multi-media historical experience. The tour will begin at City Hall with the first of hopefully many historical interpretive signs. This panel, designed and fabricated by Trademark Sign Company will provide a brief synopsis of the walking tour and an eye catching marker. Meridian City Council March 18, 2014 Page 8 of 56 The walking tour brochures will be kept in a waterproof holder attached to the panel. The new brochures will include quick read or QR codes that are directly linked to our history page within the city website. For those of you who are unfamiliar with this technology, QR codes are similar to website addresses, except the data is stored on an icon accessible to an app on your smart phone. This new to our history website and highlights each of the properties on the walking tour. A citizen can walk the tour and by using their smart phone view the website and additional information and videos that feature historian Lila Hill and her unique and valuable perspective on the early community and residents. The commission is hopeful that this new signage will grab the attention of a few new guests and provide an opportunity for schools, families, and even the youngest of historians to experience life in early Meridian. This will become just one more asset keeping Meridian residents in our downtown and, hopefully, discovering all that is unique about our main street. If you do not have a QR on your smart phone or iPad, and you are interested in this technology, you're welcome to stop by the city clerk's office and Jacy Jones will get you set up. Working with the history center and historical society, the city now has access to many new and never publicly seen photographs. Original slides are being converted -- original slides are being converted to digital jpeg images and printed for public viewing. These new photographs are going to provide an even more and wonderful experience toward visitors to the history center. The commission is looking forward to even bigger 2015 and we appreciate all that's moving forward. And I messed up and forgot to go through the slide show. I'm going to leave you now with a few images of these wonderful gifts of our community. That's our preservation month. If our -- if this property could have walk signs around the town. Our Facebook website. This picture is of the site at Demond Orchard on Ustick Road. This is the east side of Main Street between Idaho and the alley. It features Sooner Drug. Dr. Toms, M.D. Post office and Victals Grocery. This Meridian High School orchestra, 1935 photo. And with that I will open myself up to any questions. And I'm sorry for my nerves. De Weerd: Sonya, can you back it up? I think we skipped over one that showed -- yeah. Right there. Johnston: The walking tour. De Weerd: The walking tour. I know that there was a lot of work in that and I would like to in particular call out Jacy Jones. She was an incredible resource, did a lot of leg work on this, as well as Brian from the planning department. They -- and Natalie also from my office put a lot of work into this, in addition to the subcommittee from the Historical Preservation Commission. So, this is going to take off in the -- we hope next month if we can get the signs up. If not, it will match the history month. But this is -- this is a special project that I look forward to rolling out to our community and hope that they get a better understanding of -- of the roots -- the deep seated roots of our community and what's -- what's of value and I think that most of the City Council members up here have had a tour by Lila Hill, but this now allows us all to have a tour by Lila as we walk through the community and we hope that those -- I think it's the fourth graders that come through and do a lot of these walking tours. I hope they can take those brochures Meridian City Council March 18, 2014 Page 9 of 56 home and share it with their families, that you can go on the computer and take the tour virtually on the computer or I hope that these kids are so excited about it that they drag their parents downtown and take that tour and experience it first hand. So, we appreciate everything that you have done, Blaine, and I will ask the Council if you have any questions. Bird: Just great work. Appreciate it. Rountree: Thanks for keeping our history alive. Johnston: We are working at it. De Weerd: Yes. Thank you. Johnston: I thank you. De Weerd: Might be a more interesting scout outing than a City Council meeting. Although I think that our City Council meetings are really interesting, as you will soon find out, but the history walk will also be something that will be of great value. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: TEC 14-003 Seyam Subdivision by Volante Investments Located North Side of E. Franklin Road and East of N. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat De Weerd: So, we will move to Action Items. The first item, 8-A, has -- staff has requested continuance to March 25th. There was an error in noticing, so we apologize if there is any member of the public that came for this public hearing, but due to the notice error we will have to continue this to March 25th. With that said I will go ahead and open the public hearing and ask Council for a motion to continue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue TEC 14-003 to March 25th, 2014. Rountree: Second. Meridian City Council March 18, 2014 Page 10 of 56 De Weerd: I have a motion and a second to continue Item 8-A to the 25th of March. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing: AZ 13-015 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres) Zoning Districts C. Public Hearing: PP 13-030 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of Forty- Nine (49) Building Lots and Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G, R-40 and TN-C Zoning Districts De Weerd: The next two items, B and C, are public hearings on AZ 13-015 and PP 133-030. I will open these two public hearings and ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. Next applications before you are a request for annexation and zoning and a preliminary plat. This site consists of 41.03 acres of land. It's zoned in Ada County and is located on the southeast corner of West Franklin Road and South Ten Mile Road. The applicant is requesting annexation and zoning approval of 45.34 acres of land with C-G zoning, which consists of 35.82 acres. TN-C zoning, which consists of 5.58 acres. And R-40, 3.94 acres. Consistent with the future land use map designations for this site of mixed use commercial, lifestyle center, and high density residential. The applicant proposes to develop mixed use projects consisting of office and retail from service and restaurant pad sites to mid size commercial and multi-family residential uses. A concept plan was submitted as shown that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements and a pathway along the Ten Mile Creek. Multi-family residential uses are proposed in the R-40 district at the southeast corner of the site. The proposed preliminary plat consists of 49 building lots and three common other lots on 41.03 acres of land. The applicant anticipates the development will be phased. However, a phasing plan was not submitted with this application. Access to the site is proposed as shown here on the concept plan via one right-in, right-out, one right-in, right-out, left-in and one full access via Franklin Road. Two right-in, right-out accesses and one full access via Ten Mile Road. The concept plan depicts an approved traffic signal for the full access on Franklin Road at the Franklin Avenue intersection to be installed when warranted in the future. During the recent widening of Franklin and Ten Mile Roads all of the curb cuts for access were constructed and have been approved by ACHD based on the Ten Mile area access study prepared by HGR Engineering on behalf of the Brighton Corporation. Deceleration lanes were also constructed for the two accesses closest to the Franklin-Ten Mile intersection on Ten Mile Road and the access closest to the Meridian City Council March 18, 2014 Page 11 of 56 collector street off Franklin Road. Two collector streets, one east and one west -- excuse me -- one east-west, Ten Mile Creek Drive, and one north-south, Franklin Crossing Avenue, are depicted on the plat via Ten Mile and Franklin Roads in accord with the transportation plan for this area and terminate in a cul-de-sac at the south boundary of the site. There are a total of six driveway accesses, three on each side, proposed via Franklin Crossing and two via Ten Mile Creek Drive. A waiver for the access standards in UDC 11-3A3 is needed from City Council for approval of the proposed accesses via the collector and arterial streets. Staff recommends cross- access ingress-egress easement is granted to the property to the east for future interconnectivity. A 35 foot wide street buffer is proposes along Ten Mile and Franklin Roads in accord with UDC standards. A sidewalk was constructed along Franklin Road and along a portion of the Ten Mile Creek Road near the intersection with the recent road widening projects. A segment of the city's multi-use pathway system is designated through this site along the Ten Mile Creek to the Franklin-Ten Mile intersection and also along the frontage of the site along Ten Mile Road. The Ten Mile Creek bisects this site and is a natural waterway. The applicant proposes to pipe approximately 300 feet of the creek nearest to Franklin Road as shown here in the red dotted line and they propose to enhance the open portion of the creek with landscaping and other amenities. Because the UDC and the Comprehensive Plan requires natural waterways, such as this, to remain open and not be piped, staff recommends the site plan be revised accordingly, unless otherwise approved by Council. A portion of this site is within the Meridian flood plain overlay district. Prior to any development the applicant is required to submit a flood plain development application. Conceptual building elevations were submitted as shown, showing the type of structures that may be built within this development. All structures are required to comply with design standards in the UDC, guidelines in the design manual and design elements of the Ten Mile Interchange Specific Area Plan. The Commission did recommend approval of this application. Mike Wardle and David Turnbull testified in favor. No one testified in opposition or commented on the application. Written testimony in response to the staff report was submitted by Mike Wardle. Key issues of discussion by the Commission. First, the buildings should be more oriented around the creek to tie in with the pathway and creek amenities to create more of a pedestrian environment throughout the site. Leaving all of the Ten Mile Creek open as required by the UDC versus tiling a portion of it as requested by the applicant. Providing a pedestrian bridge across the creek for pedestrian interconnectivity. And requirement for the structure shown on the concept plan at the northeast corner of Ten Mile and Ten Mile Creek Road -- Drive, excuse me, to hold the corner. That would be the structure right here. See by my pointer. The Commission made the following changes to the staff recommendation in the staff report. They voted to strike condition number 1.1.1 K, which requires the structure I just mentioned at the northeast corner of the Ten Mile and Ten Mile Creek Drive to be shifted to the corner. They modified Condition 1.1.1 R to include office uses north of the creek to include the language where feasible in reference to buildings being designed with multiple sidewalk entries. A clarified Condition 1.1.3E to only require grass within the ten foot wide area proposed for future expansion along the north side of Ten Mile Creek Drive, which would be down here. And modify Condition 1.1.7 to remove the reference to a specific agency from which an easement is required for the pathway Meridian City Council March 18, 2014 Page 12 of 56 along the creek and last they added a condition requiring sidewalks to be provided internally along all major drive aisles for pedestrian connectivity. Outstanding issues for Council. The applicant is requesting a waiver to UDC 11-3A-3 for approval of the proposed access points to the collector and arterial streets as shown. Secondly, the Ten Mile Creek is a natural waterway that bisects this site, as I mentioned. As such is required to remain open as a natural amenity and is not allowed to be piped or otherwise covered per the UDC. The applicant is requesting approval to pipe approximately 380 feet of the creek nearest to the Franklin Road intersection as shown. And, last, they want to -- the applicant would like clarification on the Commission's recommendation that the major drive aisles all have sidewalks for pedestrian connectivity. We were unclear -- the Commission did not say whether they wanted sidewalks on one or two sides of the major drive aisles. So, we need clarification on that. Major drive aisles would be like the ones coming in here from the access from the arterial, so -- written testimony since the Commission hearing. There has been none. Staff will stand for any questions Council might have. De Weerd: Council, any questions at this time? Bird: Not at this time, Mayor. De Weerd: Okay. Thank you for joining us. If you will, please, state your name and address for the record. Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer Drive in Boise. De Weerd: Thank you. Turnbull: You know, this project has been in planning for a number of years. I was reminded by Steve Smith ten years ago he came to me and said would you like to buy this property. I'm headed to Russia on a church mission. And I said, yeah, okay, we will do that and so we have been planning on this in one way or another for about ten years now. Since that time I think a number of -- Mayor Tammy and a number of the Council Members have been here throughout, I think. Councilman Borton maybe took a recess during that period of time and came back and, then, welcome the new Council Members that maybe don't have all of the history on this project, but I know you're as keenly interested in it as the rest of the members of the Council. Appreciate the support we have received from staff through this process. We have had countless meetings, we have gone through a number of issues, we have tried not to rush anything in this regard, so we have met numerous times with Planning and Public Works and Parks Department staff -- had, obviously, a number of meetings with ACHD and ITD and Nampa-Meridian Irrigation District. So, what we bring here before you -- Sonya, if you could -- how do advance this? Watters: I'm not sure. It's a pdf file. I will advantage it for you if you would like. Meridian City Council March 18, 2014 Page 13 of 56 Turnbull: So, what you see here is a conceptual site plan. Now, of course, we don't know where -- what every user is going to be and how they are going to need to configure their specific sites, but this gives you an idea of the important elements, which would be circulation, both vehicular and pedestrian, the treatment of important amenities, the Ten Mile corridor, Ten Mile -- I would say this: If we go to a meeting with Nampa-Meridian Irrigation District and we call it Ten Mile Creek they censor us, throw us out, and say that's a drain. If we come to the city and meet with staff they say that's Ten Mile Creek. If we call it Ten Mile Drain they throw us out. So, we will just call it facility and let you interpret. But the Ten Mile facility is -- is an important facility and we have struggled with this about how to treat it and I will talk about that a little bit -- a little bit more. But, anyway, as I mentioned, we -- I want to focus on the circulation and vehicle and pedestrian access. The inclusion of a main street element -- and this goes back to some previous Council hearings as we have gone through this whole process about your desire to maintain a main street corridor along that Franklin Crossing we call it access at the signal there. And we have -- we have held true to our commitments there and we are providing that. One of the major discussions at the Planning and Zoning Commission, as Sonya mentioned -- yeah, you can go to that -- was what does the pedestrian access look like and we didn't have an exhibit adequate to demonstrate that, it is something that we had planned for, but on this scale it's difficult to see. So, this makes it much more clear. The black bold lines would demonstrate pathways and sidewalks within the right of way, as you will notice there off at Franklin Crossing intersection there is a 12 foot sidewalk, because that's where the buildings are brought up to the street and so a wider sidewalk. We -- we went over this with staff about it. It would actually be ten feet or 12 feet. We decided on 12 feet. And, then, there is a regional pathway system that comes along to the intersection there at Franklin and Ten Mile and continues up and ACHD works with the city's Parks Department about continuing that up to that first access on Franklin Road. From there we are proposing a Ten Mile path -- a ten foot pathway to connect over to the Ten Mile facility. So, those are the important elements that we wanted to focus on and as you can see with regard to the waiver that we are requesting on the access, as you know these accesses were all approved by the City Council a number of years ago, approved by ITD and ACHD and we treated those more or less -- not just -- it's not like they are direct accesses, like -- not like direct lot access. As you can see we have created more of a private street environment where you have to pull into the development before you access any parking. There is no direct-on parking to any of these access points. And that also provides us with the opportunity to construct sidewalks. Now, our intention has always been to have a sidewalk on one side. We think that that's sufficient for purposes of pedestrian circulation. The second question is the Ten Mile -- well, this is -- this is the condition that's in 1.1.1A and B, so we will require the waiver from the City Council. If you could advance to the next one, Sonya. The next portion is the Ten Mile Creek facility. And as you can see here there is a portion of it where two access points combine -- there is just no way to -- at that awkward angle to treat this much differently than we are proposing. It's a fairly deep facility and, you know, just with the access requirements that Nampa-Meridian has, also the ability to provide pedestrian access to get people up and down in that short span, plus the overall vehicular and circular -- pedestrian access, it's important for us to be able to do this and, in return, we have Meridian City Council March 18, 2014 Page 14 of 56 focused heavily on what we could do to the balance of the -- the facility and so -- if you would advance to the next slide, Sonya. This is demonstrates where those access points come in and, essentially, we -- if we put a bridge over or whatever we have to do, it's mostly a covered facility anyway. So, the next one, Sonya. Okay. So, we worked with The Land Group pretty extensively and met with Nampa-Meridian Irrigation District and as you can imagine they have their own sets of concerns and we have been working with them about how we could take this and make it something out of the ordinary. The ordinary course of dealing with facilities like this is sort of turn your back on it, maybe you have got an access -- or a maintenance facility and sometimes you can get dual access on those, but we wanted to treat that in a -- in a different way, turn it into a real amenity and as you can see the orientation of these buildings, we have really tried to create an atmosphere here where these buildings can take advantage of that corridor, there could be outdoor patios, if there were a restaurant there it could be outdoor dining. If you would advance to the next slide, Sonya, that gives you a glimpse of the character. As you come up to that first intersection we would have a view plaza that overlooks that area, along with the kiosk there that you see on the corner and, then, that gives you a -- just a glimpse of what we are trying to do, working with Meridian city and the Parks Department, Nampa-Meridian Irrigation District and the Corps of Engineers to create something that we think could be an outstanding amenity, not just for our development, but for the community at large. So, I think Sonya properly covered all the other issues. I would say that in the Planning and Zoning Commission hearing we -- we discussed this fairly extensively and I think that the Planning and Zoning Commission was favorably disposed, but they recognize that this requires City Council action, so they didn't -- they weren't able to take -- you know, they don't make recommendations on that. So, with that I would be happy to stand for any questions and if I missed anything that didn't cover some of the questions you may have I'd like to answer those now. De Weerd: Thank you, David. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Davis, on the concept plan -- if you could pull that up. What's the general location of where the cross-access to the east would be? Is that there on Ten Mile Creek? Turnbull: Excuse me. Could you repeat that? Rountree: What's the location where cross-access to the east would be provided? Turnbull: Access to the east would be in a couple of locations. Of course, off of Ten Mile we have a street at the quarter mile section and that is anticipated to be a shared facility and, then, again, at the quarter mile section where Franklin Crossing comes in, there is planned to be a roundabout at our common property line there. Meridian City Council March 18, 2014 Page 15 of 56 Rountree: All along Ten Mile crossing -- well, not all along. I mean there is, obvious, limitations on where that access can be, but Ten Mile Crossing -- is that what it's called, Mike? The east-west street off Ten Mile. Ten Mile Crossing. So, that would be a shared facility with the neighboring property owner. Rountree: Another question for David. What's the discussion been like with the Corps on covering that portion of the Ten Mile facility? Turnbull: We have discussed this fairly -- peripherally with the Corps. They won't say much until they get an application. We have talked pretty extensively with Nampa- Meridian and with David Miles from your office about the process here. We have provided flood way studies, you know, what the facility would do to the flood plain and so forth and once we get your concurrence, then, we can submit an application to the Corps. We may have to do mitigation. We don't know exactly what they would require, but the impacts to -- the impacts that they have jurisdiction over are fairly minimal. I'm speaking in terms of per -- you know, how many square feet of impact we might have. Rountree: Of wetlands. Turnbull: Yeah. Right. De Weerd: Okay. Council, any other questions? Bird: Not at this time. Borton: Madam Mayor? De Weerd: Mr. Borton. Rountree: David, I apologize if I'm not picking it up. Back to Councilman Rountree's question with the cross-access to the east. Turnbull: Yes. Borton: And if you can -- if you can dot on there -- are we talking on just the property -- the road on the southern boundary, the one you were referencing? Turnbull: How do I -- Watters: Select your color at the top, David. Push the button on the color you want to select and you should be able to write on it. On the very top of the -- yeah. Turnbull: All right. So -- what was your question again? Meridian City Council March 18, 2014 Page 16 of 56 Borton: The cross-access to the east that was referenced, that Ten Mile Creek Road on the southern boundary of your project -- Turnbull: Can you point that out, Sonya? Watters: The east edge right here. Borton: That's the east edge, but -- Turnbull: Oh. Excuse me. To the east? Borton: Correct. Turnbull: Oh, I'm sorry. I was thinking to the south. There is going to be cross-access along the red dashed line here. Do you see that red dashed line? Borton: Yes. Turnbull: Okay. That's where that access would be. Borton: Okay. Turnbull: I'm sorry, I probably confused Councilmember Rountree as well, so I apologize for that. Rountree: Well, you answered that on the south side. Turnbull: Yeah. Okay. Borton: Thank you. De Weerd: Council, any other questions? Bird: I have none. De Weerd: Thank you, David. This is a public hearing on Items 8-B and C. Is there anyone who wishes to provide testimony on this application? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we close the public hearing. Bird: On both of them? Meridian City Council March 18, 2014 Page 17 of 56 Rountree: What's that? Bird: On both of them? Rountree: On both. Yes. Bird: Band C. Second. Rountree: Band C. Bird: Second. De Weerd: I do have a motion and a second to close the public hearing. Council, before I ask you if you're in favor or not, there were a couple of items outstanding for City Council to consider. Do you want to close the public hearing before you discuss those or -- in case you have a question for the applicant? Rountree: That would be fine if there is questions. Bird: They answered mine. De Weerd: Okay. Well, I do have a motion and a second to close the public hearing. All those in favor say aye. Any opposed say nay. Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Council, any discussion or do I have a motion? Bird: I got a -- Madam Mayor? De Weerd: Mr. Bird. Bird: I got a question for Bill. Bill, if we allow the tiling of the Ten Mile Creek, it would strictly be with the approval of the Corps of Engineers, which I know they have the final -- would have the final say over that, is that not true? Nary: Mr. -- Madam Mayor, Members of the Council, Council Member Bird, yeah, that's correct. Bird: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council March 18, 2014 Page 18 of 56 Borton: Follow-up question for Mr. Nary to that. What happens procedurally if for whatever reason they saw no down the road, does this come back? Does the applicant -- perhaps want to change their plan immensely, I would presume. Nary: Madam Mayor, Members of the Council, Council Member Borton, I guess you could do a couple different things, but you have closed the public hearing, but you could ask for those alternatives from the --from the applicant as to what they want to do in the case of that. Otherwise, they are going to be forced to come back, because I don't think the alternative is in the document today. If I remember in the -- I have got the -- the findings up in front of me and I'm trying to recall specifically if there is alternatives, otherwise, I think they have just asked for the waiver or the ability to tile. So, you could ask for that so you can incorporate that to avoid them having to come back again in the chance that those get -- that request gets denied. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: What's the process if the applicant comes back -- what are they coming back for? Is it to amend this application that we are hearing tonight? What -- Nary: Well, Madam Mayor, Members of the Council, yeah, because your findings are going to grant the permission to the in the alternative -- or, excuse, the at the request. If that's not granted, then, they can't tile. So, the -- obviously, they would, then, have to leave it open. I think the testimony has been there is some safety considerations, as well as their design doesn't incorporate it not being tiled. So, the -- they would be forced to do that, which means they would, then, have to come back and ask for amended findings and findings would probably be incorporated to the development agreement, so they would need to come back and amend that as well. But -- so, all I'm suggesting is that if you -- if you want to at least cover that particular provision, since you aren't the final -- the final decision maker on that, it might be -- it might be the easiest to simply look at what alternatives would exist today or what's likely. It may be they don't have an alternative at this point and so maybe there is something we could incorporate in the finding today that if that were to be denied they would have to look at it engineeringwise as to what's the most appropriate way to remedy that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To that point, Mr. Nary, thanks for those answers. It seems important to me -- and (wouldn't necessarily task the applicant to try and answer what the alternative design would be and solution at this point, because that would be a pretty major redesign of at least that portion of the project. Part of the reason, in my eyes, that it appears to be justified in this circumstance to grant a waiver and allow it to be tiled is because there is a transportation plan many years in the making and a consistent Meridian City Council March 18, 2014 Page 19 of 56 pedestrian plan that incorporated it being tiled. So, were that to be denied in the future that seems like that would be an understandable -- understandably large change to what -- what's being proposed. So, it would come back. Nary: Madam Mayor, Members of the Council, Imean -- Council Member Borton, I think -- I mean I think you're absolutely right. The assumption is that they haven't brought us this far without contemplating the possibility that it wouldn't be granted. But you're right, the likelihood it seems very remote, because it does seem to fit in the character of the area and what's been planned with the other -- with the other facilities around the area, the roadways, the overpass, all the other things that are there. So, I would agree with you, it's probably unlikely and if they don't have an alternative it certainly isn't fatal to tonight's hearing. Borton: Okay. Miles: Madam Mayor, if I may interrupt. De Weerd: Yes. David. Miles: I'm happy to provide some input now. My name is Dave Miles, I'm the surface water administrator and the flood plain administrator for the city. We have worked with Brighton on the application for the flood plain mitigation, of which a portion of it has to do with the tiling of the Ten Mile Creek. Ultimately their engineering for the hydrology worked through the flood plain application is what will address any input that the Corps might have and if the Corps does have input it's ultimately -- it's kind of design driven. If the applicant chooses to do Scenario A and change the course of the water, the Corps will simply require that through the flood plain application that they have to mitigate how that analysis is handled and, essentially, they will be changing a flood plain map and go through the public noticing process if that's the scenario they choose. If they choose a different scenario that keeps them within a certain range of tolerance of the water flow or the water boundaries, then, they won't necessarily have to address the Corps of Engineers directly, they will handle it all through the flood plain application. So, ultimately, the solution is however far the design wants to go in the hydrology and it's answerable through the FEMA process based on what they choose to do. There is certain public outreach that they would have to do, but rarely have I seen the Corps deny a permit based on the flood plain application and the requirements that we have under our city ordinance. So, hopefully, that provides some input that might be of value. Borton: Thanks, Dave. De Weerd: Thank you, Dave. Other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 18, 2014 Page 20 of 56 Zaremba: While David is there let me pose an idea. It does make sense to me for this to be tiled. It would be significant detriment to have to figure out how to navigate around it and how to get traffic around it, pedestrians and vehicles and they would probably lose at least one building if they had to leave it open. So, assuming that we are making the suggestion to the Corps to -- to the this part, I would also expect if the property on the north side of Franklin ever develops the creek takes a turn there and cuts off, essentially, an unusable piece of property, they are likely to ask to the that corner section of it, which brings me back to what ACHD has there for the crossing at the moment is a bridge. So, where I'm going with a question is if this developer is going to the it, should they be required to the to the center line of the road or just to their property line, anticipating that the piping may continue? Is there any need that we would be worried about that? Rountree: David. Madam Mayor? De Weerd: Mr. Rountree. Rountree: If you will. Given the discussion I would make a motion that we reopen the public hearing on Item 8-C. Bird: Second that. Zaremba: Second. De Weerd: I have a motion and a second to open up the public hearing. All those in favor say aye. Bird: Just on one. Just on the PP. Rountree: Just on the preliminary plat. Bird: Preliminary plat. 8-C. Not the B. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would note for the record that nobody left the room during the period that we had the public hearing closed. De Weerd: Okay. Are you sure you don't want to just open in on both of them? mean -- Bird: This has nothing to do with the zoning. Meridian City Council March 18, 2014 Page 21 of 56 De Weerd: Well, this one doesn't. You may find another point. Just in -- if you're going to open them -- Rountree: Open B as well. Bird: Both of them. I don't care. De Weerd: Okay. And the second doesn't care. Bird: No. De Weerd: But agrees. Bird: I agree. Rountree: He cares. De Weerd: Okay. We would like to open the public hearing on Items 8-B and C. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. So, Mr. Zaremba, do you have additional comment or -- Zaremba: Yeah. That was my whole question. Should we be talking about piping to the center line or just to these -- to this property line? Thinking of some future possibility. Miles: Madam Mayor, Councilman Zaremba, currently at the intersection ACHD's bridges currently go -- extend to the right of way I believe. So, what -- essentially, what the developer is proposing to do in this project is connect that from the intersection and the roadway back, if I'm not mistaken. So, effectively, this project will pipe from an intersection about 400 feet back from the intersection up to that intersection and be congruent and continuous with the current culvert that ACHD has there and, then, ACHD's culvert ends on the opposite side -- the north side of Franklin Road. I think that the discussion for the adjacent property on the north side might be one that -- depending on what that developer might propose is where some discussion comes into how to handle that, whether it's tiled or handled as a future amenity of some sort. Under this application Brighton proposed kind of an amenity trade off to the piping presented to the -- to the Public Works Department, but I believe to answer your question that it's currently proposed to pipe all the way to the right of way existing bridge that ACRD has, so it will be a continuous piped channel. Zaremba: Okay. Meridian City Council March 18, 2014 Page 22 of 56 De Weerd: Does the applicant want to make any comment on -- on this item that's being discussed? Turnbull: I would just like to -- De Weerd: David, if you will -- Turnbull: David Turnbull. De Weerd: Thank you. Turnbull: I'd just like to thank David Miles for the clarity he's offered here. I think he's absolutely correct and -- and he offered a better explanation than I could about the application process going forward. Rountree: Madam Mayor? Miles: For the record, I would never throw Brighton out of the office if they used the creek or ditch or drain. De Weerd: Mr. Rountree. Rountree: If I could get David to come back. You did not respond to the Commission changes and recommendations that were identified. Do you support those? Do you want changes to them? Turnbull: No. We support -- we support the Commission's recommendations and the only two remaining items were the waivers that were required for the City Council. I did clarify, I think, that our proposal for the interior pedestrian circulation was on one side of aisle. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: David, did that -- one of the comments was with regard to the pedestrian bridge crossing along -- over the creek. Turnbull: Uh-huh. Borton: Is that included and, if so, where, roughly, might that be? Turnbull: Well, nothing was ever discussed specifically about that. It's something I suppose we could include. It would also require a level of approval from Nampa- Meridian Irrigation District, depending on whether it interfered with their operation. We haven't discussed it with them and we wouldn't -- we don't have approval from them. Meridian City Council March 18, 2014 Page 23 of 56 It's something that can be discussed, but they are pretty sensitive about limiting the number of crossings to it, because it interferes with their operation. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate that, David, and to the earlier question, I think it's -- it would be a value item Iwould --Iwould want included into it. Part of the basis that I see the tiling being justified is how you have described what you're doing to the remaining open ditch lateral canal waterway. Turnbull: I understand that. Borton: You have made it an amenity and discussed having the building layouts try and accentuate that, which I think is phenomenal and I think that's for me a big factor in why it makes sense to -- to grant the -- the relief requested with tiling it. I think the pedestrian bridge would be incorporated to further enhance that amenity and make it more accessible and visible to the public. So, I would ask --Iwould want that included as part of it. I think it makes sense. Turnbull: Madam Mayor, Council Member Borton, that's something we can certainly do if -- if we can design a pedestrian facility -- Borton: Sure. Turnbull: -- that meets their approval. Borton: Understood. Turnbull: That's acceptable. Borton: Okay. De Weerd: Understandable. Any other questions for the applicant? Bird: I have none. De Weerd: Okay. David, I guess I would have a question and this is just more out of -- you were an active participant in the Ten Mile Area Specific Plan and the whole idea of doing it this area specific plan was to make it easier to go through our process, so -- and I know between doing this plan and now that things are starting to pick up, we need -- we might have a little oil needed to our process, but is it working as we had -- had hoped or maybe at the conclusion of this we can sit down and have a debrief to -- to see how this can be better facilitated. If we are meeting the intent of the plan the whole idea was that this should get through in a seamless process. Meridian City Council March 18, 2014 Page 24 of 56 Turnbull: Uh-huh. Yeah. I don't know that Icould -- you know, I want to take your time to talk about that here. I would be happy to sit down with you. I have no complaints about working with the city and working with staff. There probably are ways that the process could have been initiated and followed through differently that would have helped, but, yo.u know, those are things that we can discuss offline and I would be happy to give my input, but -- De Weerd: Well, I -- yeah, I didn't want specifics, but -- Turnbull: Right. De Weerd: I would like -- I think it would benefit our team to -- to debrief and see -- this is -- this is new to all of us and we want to -- to make this plan work -- Turnbull: Right. De Weerd: -- as intended. Turnbull: I understand that and I would be happy to meet at anytime. De Weerd: Well, thank you again for -- for -- this looks like an amazing project and something that was envisioned as the area specific plan was designed for a mixed use, higher densities and -- and I think you have done a nice job with that. Turnbull: Thank you. We are pretty excited about it and I would say in the ten years that's past since we started this none of you have aged a day, so -- De Weerd: Oh, wow. Rountree: Whoa. De Weerd: Can't beat that. I guess that really stumped us, uh? Okay. Council, any further information needed for the applicant or for staff? Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I will remake my motion to close Items 8-B and C. Bird: Second. Meridian City Council March 18, 2014 Page 25 of 56 De Weerd: I have a motion and a second to close the public hearings Items 8-B and C. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: I do have a procedural question for Bill. On the annexation what items need to be included in that motion with respect to the waivers, the covering of the ditch -- is that part of the preliminary plat? Nary: Madam Mayor, Members of the Council, I'm looking at the findings in front of me and I think all of these are related to the plat, so -- and the annexation, but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B, AZ 13-015. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8, CPP 13-030, subject to staff and Commission comments, waiving UDC 11-3A-3 with respect to the access off of Ten Mile and Franklin and approving the tiling of Ten Mile Creek with the corresponding amenity and improvements to the creek, contingent upon the Corps of Engineers' decision and Nampa-Meridian Irrigation District's approval and the inclusion of pedestrian access concept as shown here this evening. Bird: Second. De Weerd: I have a motion and a second to approve Item C with the items included as discussed. Any further comments from Council? Meridian City Council March 18, 2014 Page 26 of 56 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The UDC waiver concerning access only pertains to -- the request is only for Franklin Road; correct? And not Ten Mile. Watters: Franklin, Ten Mile, and the collector streets, Franklin Crossing Avenue -- Borton: Okay. Watters: -- and Ten Mile Creek Drive. De Weerd: Okay. Borton: And Madam Mayor? De Weerd: Mr. Borton. Borton: As so the comment on the pedestrian connectivity, was that specifically having the sidewalks one side as requested and a pedestrian bridge -- Rountree: As they presented here this evening and it's on one side to the specification that they have showed in width and location. Borton: Okay. De Weerd: Okay. Any further comments? Bird: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. ®. Continued from March 4, 2014: FP 14-007 Spurwing Orchard No. 3 by Brighton Investments, LLC Located North Side of Chinden Boulevard, West of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Single Family Meridian City Council March 18, 2014 Page 27 of 56 Residential Lots and Four (4) Common Lots on Approximately 25.85 Acres in the R-4 Zoning District De Weerd: Thank you. Item 8-D is continued from March 4th on FP 14-007. I will ask for the staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item is Spurwing Orchard No. 3 final plat. A few months ago the applicant came before you and annexed the preliminary plat of this property as Spurwing East preliminary plat. They are here tonight to discuss two conditions of approval as part of that plat, but also rolled over as part of the final plat and as you can see here the property is located on the north side of Chinden Boulevard just west of Ten Mile Road. Here is the approved preliminary plat which I mentioned. Here is the final plat and the two items that the applicant wishes to discuss with you this evening would be condition number four of the staff report, which if you look at the plat here -- as part of the plat the applicant is dedicating or at least setting aside a 35 foot right of way strip for ITD for future expansion. One of the recommended conditions in the preliminary plat or the finding for the preliminary plat require that they dedicate that lot to ITD. So, when the final plat came before me and I issued the staff report I carried that condition over from the preliminary plat and required that they dedicate that lot and block to ITD for future widening. In speaking with the applicant, it was their desire to hold it as a reserve strip and, then, sell it to ITD if and when the road is ever widened. Staff is amenable to that request. Currently staff is amenable to changing that language from dedicate to preserve that lot for future widening. The other item has to do -- still pertains with the same lot. Currently the UDC requires any reserve strip of right of way that's being held and it's not going to be widened within the next five years, the applicant is required to put in a ten foot gravel strip and landscape the remaining with vegetation. If you look at the aerial -- I don't have an aerial of the site, but when Jayker Subdivision to the east -- or to the west went in they did not put in the required landscaping or the -- they put all gravel in and did not do those improvements per their final plat and so the applicant is, basically, looking at that example and saying if they didn't do it why are we doing that. They want to have that consistent theme. The one other item that I wanted to bring forth to you as well is because the applicant is required to put in a pretty substantial berm along Chinden as noise reduction along that state facility, they actually have a berm in excess of 75 feet. So, the UDC would -- and generally requires a 35 foot wide landscape buffer. This plat presented to you is part -- even as part of the preliminary plat showed a 75 foot wide landscape buffer. So, they are in excess of what the UDC requires. If it is your desire to approve the applicant's request to remove that condition, staff is recommending that you place a new condition on the final plat that requires the applicant obtain alternative compliance approval to waive that landscaping and basically allow staff to move forward as allowed under the UDC to make modifications to that landscape strip along the highway -- or Chinden Boulevard. Other than those two issues the applicant is in concurrence or in agreement with all the other conditions. The final plat is in substantial conformance with the approved preliminary plat as far as number of lots and open space. As I mentioned to you other than those two changes to the conditions the Meridian City Council March 18, 2014 Page 28 of 56 applicant is in agreement, staff is in agreement and we are recommending approval and I will stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none at this time. De Weerd: Okay. Would the applicant like to make any comment? Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer Drive in Boise. Just to clarify one thing that Bill mentioned. It is our desire to hold that future right of way dedication preservation. I can tell you a little story about why. We owned all the property between Cloverdale Road and Eagle Road at one point. We were developing it and I was approached by somebody -- Council Member Rountree probably knew at the time. He was on the ITD board and he called and asked if we would be willing to dedicate all the right of way from -- not just for the -- our side, but for both sides along what is now Boise Research Center and Hobble Creek, to ITD if they would widen the road and I said, sure, I would be happy to do that, but tell me when you're going to build that -- widen that road and he said they should be able to get it done in two years and so I said okay, I donated the right of way to them and they built it eight or nine years later. So, I like to preserve that option of whether to -- when to convey it and whether to donate it or whether to sell it. So, that's simply the point there. We would like to see -- Rountree: Excuse me, David. David? Excuse me. Just to clarify the record, that was not me speaking. Turnbull: No. No. De Weerd: He said you knew who it was. Bird: It was a board member. Turnbull: Aboard member. Yes. And, then, again, I think that Bill covered the issue on the landscaping. That road will eventually be widened. The reality is if we landscape it and, then, ITD tears it out, they actually have to pay for the landscaping and I don't think that's an expense that we need to -- I think that's a counterproductive thing. So, continuing the existing theme, as Bill mentioned, with a 75 foot wide berm I think should suffice. So, stand for any questions if you have any. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Council, if there is no questions for the applicant or staff, I would entertain a motion. Meridian City Council March 18, 2014 Page 29 of 56 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 14-007, include all staff and applicant comments, including Condition 4 and Condition 6-A. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D with the additions. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. FP 14-008 Solterra by Conger Management Group Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Four (4) Commercial Lots, Forty-Three (43) Residential Lots and Eight (8) Common/Other Lots on Approximately 16.22 Acres in an C- G, L-O and R-15 Zoning Districts De Weerd: Item 8-E is on FP 14-008. I will ask for staff comments on his item. Parsons: Thank you, Madam Mayor, Members of the Council. Next item is the Solterra final plat. This originally came through last month. Preliminary -- a rezone and comp plan change and a preliminary plat. This is the first phase of the final plat. It, again, is in conformance with the approved preliminary plat and the landscape plan that you acted on back in February. Probably the major difference between the preliminary plat and the final plat this evening is the applicant's actually going to phase the residential portion of the subdivision, so the final plat, rather than having 94 residential lots as approved under the preliminary plat, the residential portion will plat with 43 at this time. The only reason why this project is on the regularly scheduled agenda this evening is staff is requesting that Council amend the condition of approval in the staff report. I have coordinated with Mr. Freckleton in the office and he is amenable to the change to the condition and that specific language would apply to condition number seven, which currently in the staff report requires a ten foot public utility drainage and irrigation -- irrigation easement on Lot 13, Block 2. In working with the applicant and Mr. Freckleton we believe that that can be reduced from ten feet to five feet. So, in my hearing outline I have asked Council to amend the condition to change that from ten feet to five feet along the west boundary of Lot 13, Block 2. The applicant -- I have received written Meridian City Council March 18, 2014 Page 30 of 56 testimony from the applicant. They are in agreement with the conditions in the final plat and later this afternoon staff -- while it's unusual, staff did receive written testimony on a final plat application this evening and it is from the Kleiner Family Trust. The application here before you -- if you recall when this came through with the preliminary plat and the rezone staff did require across-access to be in place for the commercial portions here along Fairview Avenue. You can see here the easement is depicted on the plat here, but there are no notes that reference what the benefit of that easement is for and so Kleiner Family Trust sent in written recommendation or written testimony -- just want to make sure that that easement is in place for them in the future for cross-access. I can assure you the final plat -- condition of the final plat requires that they add a note to the plat that either references the cross-access agreement between the properties or has a note that says what the benefit of that cross-access is for and if you recall the recorded development agreement on the property also requires the cross-access, both from the residential portion and the commercial portion. So, conditions are in place to make sure that happens. Again, they will not get city engineer's signature if those easements aren't in place, but I did want to go on record and let you know we did receive written testimony on this application. Other than that I will stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-E, FP 14-008 with staff's recommendation to modified condition number seven from ten foot to five a foot wide permanent public utilities and drainage easement. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-E with the changes noted. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing: VAC 14-001 Leisman Addition by Lawson Design Located East of N. Linder Road and North of W. Pine Meridian City Council March 18, 2014 Page 31 of 56 Avenue Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 3 and 4, Block 3 Platted with the Leisman Addition Subdivision De Weerd: Item 8-F is a public hearing on VAC 14-001. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the Leisman Addition vacation. This property was platted in 1978 through the city. At the time that it came forward it platted two office lots. During that platting process there were -- there was a ten foot utility easement -- public utilities drainage easement platted along the shared lot boundary in this general vicinity. The applicant actually received a certificate of zoning and design review compliance application to do a building addition on this property as you can see here on the left-hand graphic here and you can see that the proposed addition is actually going across the lot line. So, as a condition of the certificate of zoning compliance staff requires -- after that -- as a condition of the certificate of zoning compliance and before an issuance of a building permit, the applicant was conditioned to provide -- or at least go through the vacation process to get rid of that easement in order for them to obtain that building permit. As you can see here on the right-hand side, you can see the utility easement that the applicant is proposing to vacate between the shared property boundaries,. We have received written letters of relinquishment from all the utility providers. They are -- all of them are okay with the partial releasement of those easements and Nampa-Meridian says they have no facilities within that easement area as well and, therefore, they cannot release any easements they do not have any hold over. So, in short, staff is recommending that they approve this easement as presented to you this evening, so the applicant can get his building permit and do the 1,500 square foot addition to the existing building on Lot 4, Block 3. Staff has not received any written testimony on this application. We are recommending approval as proposed this evening and I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, have any lot adjustments been moved forward or are we just going to have a subdivision with a -- one of the lots that's divided -- Parsons: Madam Mayor, Members of the Council -- Rountree: -- with the building on two different lots. Meridian City Council March 18, 2014 Page 32 of 56 Parsons: Madam Mayor, Members of the Council, Councilman Rountree, at this point in time the applicant has not proposed to do any lot line adjustment, but both lots are held under the same ownership, so as far as the UDC standpoint they can -- and it's a commercial lot, they can build across the lot line without adjusting the lot -- the lot line. Rountree: Thank you. De Weerd: Okay. Any other questions at this point? Is the applicant here? Would you have any comment? If you have any comment you have to do it on the public record. Even to tell me you don't have any comment you can just nod, but -- the applicant is available for questions if we have them. This is a public hearing. Is there anyone who would like to provide testimony on this item? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing no testimony or comment, I would move that we close the public hearing on Item 8-F, VAC 14-001. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we approve Item 8-F, VAC 14-001. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-F. Any discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council March 18, 2014 Page 33 of 56 G. Public Hearing: PP 13-042 Centre Point Square by Center Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of Land in an R-15 Zoning District Continued to March 25, 2014 H. Public Hearing: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi- Family to Single Family De Weerd: Items 8-G and H are public hearings on PP 13-042 and MDA 13-025. I will open these two public hearings with staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on your agenda is the Centre Point Square Subdivision and it's located on the west side of North Eagle Road, south of East Ustick Road. It's actually the last 4.23 acre parcel within the Bienville Square Subdivision. This property was before you late 2012, early 2013, and received approval of the final plat to develop 28 townhome lots and one 4.23 acre multi- family lot. It was annexed in 2005 with an R-15 zone and as part of that annexation and rezone process the applicant did -- was required to enter into a development agreement. At the time that you took action on this application in 2012 their DA restricted the use of the site to multi-family and a single family development. We actually tied them down to one multi-family lot and they have come back through -- through the conditional use process for amulti-family development. In looking at the existing conditions out there the applicant felt it was better suited as more single family development within the subdivision and so in order to move forward with that single family development the applicant has to amend the DA and that's why he is proceeding with that DA mod today, because currently the DA restricts it to one multi-family lot. Here is the proposed preliminary plat. Again, it will consist of 40 single family homes. Most of them -- the majority of them will be attached similar to what's been developed to the south of this site. Because there is an existing private street network with this development, single family homes are not allowed to take access from a private street unless designed around a MEW lot and so that is what you see here centrally located between the units -- the proposed lots. The one other item that I have mentioned to you -- when this came back before you in 2012 and you amended the development agreement there was a provision in that DA that required them to provide a certain amount of open space between -- not only the townhome development to the south, but this piece of ground as well and so through the DA the city got creative and said, yes, you could put open space on that -- on this property provided -- and you can relocate it provided you provide the same amount equal or greater amount provided -- equal or greater than what was in excess of ten percent. So, essentially, what was approved under the final plat was approximately 38,000 square feet of open space when the townhome portion developed. This MEW lot is in excess of that requirement. So, Meridian City Council March 18, 2014 Page 34 of 56 essentially, you allowed them to displace the ten percent open space or relocate it when something came forward on this lot. Now that something is proposed for this lot they are providing the equal amount of open space as intended on the -- under the amended development agreement. The one other item that I wanted to point out to you as well is with the development of the townhome lots -- or at least with the open space -- when the townhome portions came in staff did not require a specific landscape plan for buildable lots. Under the UDC we don't require that and staff has heard quite a few complaints from the neighbors as to the design or the esthetics of that development south of this proposed development. And so moving forward on this application staff wanted to insure that this site would actually develop in a highly attractive fashion and one of our requirements this evening is that the applicant -- first before we even move forward on the application we wanted to insure that the landscape plan was prepared by a landscape architect and that's what you see here. To even go in further detail and because at the Planning and Zoning Commission the applicant testified that all of the common lots and the buildable lots would be maintained by the HOA, we wanted to make sure what they were proposing to construct on the buildable lots could be easily maintained and esthetically pleasing. So, in this graphic here at least the landscape plan that's presented to you this evening shows you, one, how the MEW lot will be developed, but also shows you how the landscaping for the buildable lots will be addressed. And that was a big concern for the neighbors. They were concerned about the esthetics of this remaining piece given what's happened to the south of them on those townhome lots. The applicant has presented elevations for you this evening, too. Again, this is a collogue. It is meant to represent a plethora of design features. It does not pinpoint the exact design for the development. One thing that I would point out to the -- to the Council is the -- as you can see my arrows here, these are examples of the existing townhomes that are currently constructed within that development. I wish I could blow it up a little bit closer to you, but this is representative of the landscaping that currently exists out there, which is, essentially, rock with a few shrubs and trees in the front lawns. But I did want to go on record and point that out to you as well, because I know the neighbors were very -- very concerned with the esthetics of that development and it was also brought up to Planning and Zoning Commission as well and they discussed that quite -- quite at length at their hearing. At the lower portion of this collogue is the MEW concept that is presented. This is a typical -- at least this is to represent how that is supposed to blend in or how to be developed and give you a real world view of that as well. I would mention to you that commission did recommend approval of the projects at the P&Z hearing on the 6th. Speaking in favor was Bob Unger. A number of the neighbors within the development did comment on the application. All of them weren't -- they weren't neutral on the application. They were not in opposition. Their primary concerns were the esthetics of this development moving forward, because they weren't happy with what's transpired to the south of them. Staff did receive written testimony from John Blakely prior to the P&Z Commission. If I can direct your attention back to the plat here, you can see currently there is a 20 foot wide easement that bisects the plat in this area here. As part of this proposal the applicant will be relocating that irrigation facility in this general configuration here, so that he can make way for this development. The lateral association wants to make sure that the application retains -- receives written approval Meridian City Council March 18, 2014 Page 35 of 56 for the relocation of that facility. We also have a requirement that he vacate that easement with the final plat, so that we can get a new easement in place to assure that that -- that is being addressed and that the new facility is in place to provide that pressurized irrigation system to the development moving forward. So, key items of discussion at the Commission hearing. As I mentioned to you one was the design of the single family home. The ones that I presented to you in the collage this evening. The applicant wants to insure -- or at least the neighbors want to insure that there are high quality design elements in all facades and I will get into that a little bit further as I get to what's changed during this Commission hearing. The other item of discussion was traffic calming and as I mentioned to you, these are private streets, so ACRD had no jurisdiction over the right of way -- or the roadways in this development for a portion of them and that would be mainly along the north, east, and south boundaries. A condition has been placed in the preliminary plat that the applicant coordinate with the fire department on some kind of traffic calming out there on the private streets. We did assure -- at least my conversations with the neighbors were the fire department would not support speed bumps in the private streets, but there are other means for traffic calming on those roads to slow down the commercial traffic cutting through there. One other additional item is when this comes -- when the property to the north develops hopefully that would alleviate some of the cut through traffic through the neighborhood. And there is a condition on the property to the north that would require that extension -- that roadway to extend and connect to Ustick in the future. So, provisions are in place to kind of mitigate the traffic through the neighborhood and we just have to wait on future development to make that happen, but we did want to go on record that traffic calming could be in place to slow down that commercial traffic if the neighborhood and the developer works with the fire department. The other item as I mentioned to you was the esthetics of the townhomes. A lot of the neighbors didn't mind the design of the townhomes so much. Their argument was with the landscaping -- the current landscape situation. As I mentioned to you, that current development has all rock in the front yards and the rear yards and it just doesn't blend in with the esthetics of the neighborhood. I did the individual CZC and design review for each townhome unit out there, but as I mentioned to you, the UDC does not regulate landscaping on buildable lots. I had repeatedly spoke with the developer of the townhomes and with the applicant this evening on the esthetics of that landscaping and staff's concerns were ignored, but I did want to go on record and let you know that we tried to push the applicant to do more out there. They just did not take heed. Because I knew exactly what the neighbors wanted, they wanted some sort of lawn in the front or streetscape that mimicked what was happening on the south side of that street and, unfortunately, that did not happen. And, then, the other item that came up was the amount of usable open space and I think that's been addressed here. This plat presented to you this evening does maintain the open space that was required with the previous approval. The outstanding issues for you tonight. I think the conditions as we presented in the staff report covers a lot of those concerns and I did want to get to those proposed DA changes and get those in front of you. As I mentioned to you currently the DA does restrict the development of this property to one multi-family lot, with the understanding that it would come back through with conditional use approval for the density in the future. Now that multi-family has not proposed anymore single family is -- we need to Meridian City Council March 18, 2014 Page 36 of 56 amend that DA and the one provision that I have struck out here was that unique provision that we required the ten percent open space. We allowed it to be on this lot in the interim basis until this lot developed, as along as they provided equal amount and so I am asking you to strike that now that we have actually development proposed and we want to make sure that we tie that 4.23 acres portion to not only the plat that they are showing this evening, to the open space and the two landscape plans that I presented to you and, of course, the sample elevations. To go further, we are also limiting the lots to 40 single family lots as I have noted blow and, then, also during the P&Z Commission hearing, based on the testimony there, Commission wanted to make sure that all of the structures within this development received certificate of zoning and design review compliance -- or design review approval and they wanted to make sure that all of the structures had a mix of materials on all facades within that development. And, again, that would be -- so, when they come in for their CZC and design review staff will be looking for complete design on four-sided architecture, they are going to be looking for compliance with those landscape plans that I showed you this evening and we want to make sure -- our biggest concern was how those homes would be seen from Eagle Road as well. So, we wanted to make sure we had that fenestration addressed -- or at least those design elements addressed for those elevations that face the street as well. I believe what I'm presenting to you here and what the Planning and Zoning Commission has in place that we have addressed neighbors concerns we hope moving forward, that this will be an attractive development. We can try to mitigate for some of what's happened on those townhome properties to the south. Staff has not received any additional testimony since the P&Z hearing. As I mentioned to you I think everything's been addressed in the development agreement and in the conditions of approval, so there really aren't any outstanding issues, other than the neighbors complaints of the adjacent development to the south. This concludes my presentation and I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I may have missed this. You have repeatedly identified some dissatisfaction with the landscaping on the -- the property to the south. What I missed is -- is that the same developer or are these different applicants, different owners? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, from my understanding and at -- during the public hearing at Planning and Zoning Commission it was -- these are going to be for sale units and it would possibly be a different buyer. They don't now at this point. Zaremba: I'm not sure I -- De Weerd: You need to rephrase that. Is it the same developer? Meridian City Council March 18, 2014 Page 37 of 56 Parsons: Same developer, just adifferent -- Zaremba: Yes, that was the question I was going for. Thank you. De Weerd: Yeah. Parsons: The person to the south the developer as -- Zaremba: Same developer. Okay. Parsons: It is the same applicant and the same owner, yes. Zaremba: Thank you. De Weerd: Thank you, Bill. Any other questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, your provisions address design review, but -- and were specific about architectural features, but didn't mention anything about landscaping. Is that to be assumed that that's going to be part of the design review approval? Parsons: Madam Mayor, Members of the Council, the way I have it structured if you need a little more teeth in the development agreement -- but right now I have it in Section 6.1 -- Rountree: And that's sufficient? Parsons: -- 14. That's what I'm going to be going off of is those exhibits that I presented. Rountree: And, then, that reflects back to what we see tonight in our example. Parsons: That is correct. Rountree: Now, go back to your exhibit. Then next one. The photos. What of that is representative of what we might see? Parsons: Madam Mayor, Members of the Council, Councilman Rountree, currently -- the applicant wants flexibility to build -- wants the ability to be flexible and build different renderings out there. He doesn't want to do a monotonous theme out there and that's why he's presented this. We don't know yet. Again, this is a design -- this is a collage. Meridian City Council March 18, 2014 Page 38 of 56 It represents some of the proposed building materials. This is not to represent any of the design forms out there -- Rountree: Okay. Parsons: -- that would simply come through CZC design review. Rountree: Okay. Parsons: When they came through with that we would be looking for these mix of materials on those four facades. How they do that will be determined through staff level review. Rountree: Okay. So, this is just a materials collage. Parsons: That is correct. Rountree: And you can strike the fourth row as -- as design consideration. Parsons: Absolutely. De Weerd: That is monotonous. So, Bill, I guess you asked for different landscaping, because I don't call that landscaping. Is that in compliance? Parsons: Madam Mayor, if I understand you correctly, are you referring to the townhome development on the south? De Weerd: Yes. Parsons: Madam Mayor, Members of the Council, there is no requirement for landscaping on buildable lots. So, the intent -- when I first came forward and brought the project to you my intent was that this development would be rolled under the Jackson Square CC&Rs. It would be one HOA looking over all the residential portion. What's transpired is when the bank received this property back in foreclosure in 2009 and they started developing the residential portion, they actually bisect -- bifurcated the development. So, the commercial CC -- this project is under the commercial CC&Rs and Jackson Square development, which is currently the single family homes, has its own set of CC&Rs and so the bank still controls -- maintains -- controls the CC&Rs for this portion of the development and so they weren't -- they weren't subject to the same CC&Rs that the Jacksons Square folks are and so, therefore, you don't have a lot of those landscaping requirements that you see in the CC&Rs that say it has to be lawn, one tree, like you see in typical subdivisions. So, that's -- that's where it fell short. And, again, with our ordinance not allowing -- reviewing plans for buildable lots, when they came in for their CZC and design review we were making sure that their elevations complied with the recorded development agreement and they did. So, they met their approval. Meridian City Council March 18, 2014 Page 39 of 56 De Weerd: Thank you. I was hoping to help give you a little bit more enforcement ability or -- or influence on the outcome, but I see that it's subjective at this point. Any other questions from Council? Okay. Would the applicant like to make comment? Unger: Sure. De Weerd: I'll double Dutch dare you. Unger: Madam Mayor and Council, my name is Bob Unger. I'm with ULC Management. Address 6104 North Gary Lane, Boise, Idaho. 83714. De Weerd: Thank you. Unger: And right off the bat I want to say Bill and I and the neighbors in the area have all worked diligently to put specific conditions of approval to prevent what has happened in the previous phase of this project. We were very disappointed what happened, but we had no control over it. The -- this is the 28 lots -- the townhouse lots to the east of this project. One builder bought them all -- bought all 28 lots, which we hadn't anticipated originally and he built the same looking building -- all 14 of them since they are, you know, townhouse duplex. They are painted the same color. The roofs are the same color. The roof lines are exactly the same. Everything is exactly the same and he put down this nice gray gravel instead of grass, with some trees and shrubs. So, I'm the first one to stand up and tell you that we were extremely disappointed in what they did and the neighbors called me on it when we had our neighborhood meeting on this next phase, so I made certain commitments to them that we would not allow this to happen in this -- this final phase and as such, you know, we have provided the landscape plan -- and not only just the landscape plan for the site, the landscape plan for the individual buildings and nowhere in this plan are we calling for any kind of gravel. It's all going to be sod. Some bark around the planting areas around the buildings and trees and shrubs to make it a very very good looking project and we have also -- we are in the process of -- and waiting for final approval on the project, we are putting together specific CC&Rs and an architectural review committee to assure that we have a variation of architectural applications on the buildings, that would be a mix of wood, brick, stone and different appearances. We are changing -- we have the option and the ability to change the roof lines, so that we don't have the same roof line over and over and over. So, we have done a lot of work on what we want to build in this project to assure that we don't have a repeat of what we currently have out there. Some of the other things are -- the concerns that the neighbors had was on the -- on these other buildings they have a section of copper roof. The neighbors just hate that. So, there will be no metal roof, copper roof, it will all be architectural asphalt shingles and they will be a variety of colors, not all black. Let's see. So, I mean we were really -- we were really disappointed in that and we don't want to see that with this final phase of the project. It just looks like the dickens and I'm the first one to tell you that -- or I'm right up there with everybody else. Oh. On the irrigation. The relocation of the -- of the gravity irrigation that goes through there, that's through the Alden Water Users Association. Meridian City Council March 18, 2014 Page 40 of 56 We have already met with them. Documents have been prepared to relocate that with a new easement and we will be signing those contracts with them by the end of the week and construction will start on that next week, so we can get it done before irrigation season opens. As far as -- let's see. Well, I think the development agreement, as Bill stated, we just decided it was -- it was just -- to put apartments on this property was just not going to work with what's out there right now and we felt that the -- the attached single family living was a much better idea and it works well with the rest of the residential that's out there. And let's see. Traffic calming devices. We will work with the fire department to do some sort of traffic calming. I know everybody thinks that speed bumps are the best thing and, by gosh, they are, because they slow people down real quick, but emergency services hates those. So, we will work with the fire department to come up with some sort of choking of the street section or something to slow the traffic down, because there is one section there on Picard Lane where Jimmy Johns delivery trucks just fly down through there. I have been out there many many times and watched these guys just fly down through there and I know the neighbors have called the police department and the police department -- of course, when they are out there watching these guys don't do it, so -- but we are more than glad to work with the fire department to come up with some sort of solution to that problem. And having said all of that -- I'm trying to make it short, because you have had a long evening -- will stand for questions. De Weerd: Thank you, Bob. Council, any questions? Bird: I have none. Rountree: None. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I do have a question. I don't know -- I don't know what that means. We will work with them -- with the fire department. Are there -- are you deferring to the judgment request to fire as to what the solution would be? It does -- it seems indefinite. And maybe I'm missing it or if that's resolved at a later date. Bird: Madam Mayor, Mr. Borton, prior to -- of coming back with our final plat we will have something resolved with the fire department. I'm not sure what their preference is at this point in time as far as traffic calming devices out there. We are kind of limited. Borton: Okay. Unger: But certainly before we come back with our final plat we will have something resolved. Meridian City Council March 18, 2014 Page 41 of 56 Borton: Madam Mayor? One question that you might comment on, but I'm going to ask Mr. Nary first. With regards to the elements -- design elements that are addressed here and the problems that Mr. Unger is trying to resolve with this plat, can those be required to be incorporated in detail in CC&Rs, so future purchasers know and we will know that the real property is subject to particular restrictions in how they are developed that would be brought back and approved by -- reviewed by the city as part of a final plat? Nary: Madam Mayor, Members of the Council, Council Member Borton, we normally wouldn't require anything regards to CC&Rs nor approve any of those things, but it could be part of the development agreement. One of the design issues that Bill has talked about that I think is problematic -- t mean I think the best we can do is put it in a development agreement. The only concern, though, is that prior -- when the bank had control over a portion of this, they built the exact same design. It's in the development agreement. It doesn't require they build any specific ones, so if they build the same one over and over again the development agreement doesn't prohibit it. If they paint them all the same color -- Borton: Right. Nary: -- it doesn't prohibit that either, so -- I mean those are the challenges that the neighbors are concerned with that the development won't really solve that. The CC&Rs can, but the city doesn't have a role in that. So, I don't have a -- I don't have a better answer to your question, other than if they are concerned about specific styles you can certainly eliminate those as alternatives. Again, we don't normally regulate color -- mean eventually people can all paint their houses the same color on the street, so that's probably one that probably isn't something we can remedy from the city's end. But certainly if the concern is the designs are going to all be the same, we can certainly craft some language that would require that they not be side by side or something like that in the development agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, we can incorporate this in our findings stating as the applicant has agreed to this and that, basically, puts all the -- on the applicant to make sure that it is done as he stated here; is that not right? Like you say, you know, including all testimony by applicant, staff, and that and he sat up here and testified that they were going to do -- I mean we don't know what kind of landscaping, but it's not going to be like the old landscape. Absolutely no gravel. He stated that. So, I guess we just have to go off their word and hope their word is good and -- it always seems has been. Nary: Madam Mayor, Members of the Council, Council Member Bird, I would agree. I mean most of that is probably going -- at some point some if it has to rely on the -- the good faith and fair dealing of all of the folks in front of you. If there are specific concerns, from an enforcement standpoint, if we were to need to enforce the Meridian City Council March 18, 2014 Page 42 of 56 development agreement, either at the staff level or through some other means, at least of the things -- like Mr. Unger stated, there will not be any gravel or rock used as -- as landscaping. We can include that. So, those types of things that if you have some things that are very concerning and Mr. Unger is trying to make sure to address those things, we would probably want to make sure we include that language in the findings. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Bill, isn't that what -- when we -- when we make our motion and say include all staff and applicant, don't that go in the findings what they have said there, like you were just saying? Nary: Madam Mayor, Members of the Council, Council Member Bird, they do, but sometimes it's very helpful if there are specific terms the Council has, you wanted to make sure -- want to make sure to point that out to staff, so we make sure that's in the findings. Bird: Okay. Nary: Very specifically. Bird: Thank you. De Weerd: Any other questions? Thank you. Unger: Thank you. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Good evening. If you will, please, state your name and address for the record. Hysmith: Yes, Madam Mayor. My name is Julie Hysmith. 2903 North Centre Point Way Meridian. De Weerd: Thank you, Julie. Hysmith: Mayor and Council people, the only thing we are concerned about is that what has happened before will happen again. He sold the 28 lots to one person and because it was sold at that time they could do what they wanted, which, of course, was to put in what they did. That's what we do not want to see again. You know, right now it looks like military barracks and if you drive down Eagle and look in there it looks like a skateboard ramp. A giant one at that. And that's what we have to live with. And at this point there is nothing we can do but try to maintain the balance of the property that's there. So, that's our major concern. Meridian City Council March 18, 2014 Page 43 of 56 De Weerd: Thank you. Hysmith: Thank you. De Weerd: Any further testimony? Good evening. L.Hysmith: My name is Larry Hysmith and I live at 2903 North Centre Point Way. De Weerd: Thank you. Hysmith: And my wife has just expressed our concern about getting the same conditions and I am hearing that you're really going to have no control here from the City Council and that disturbs us. We moved from Seattle and we bought in this neighborhood because we thought this was a good place to live. We have heard a lot of good things about Idaho and I'm glad we moved here. However, under these conditions, if we still end up with the same condition, there are many people already were talking they would possibly move out of the neighborhood. The other concern we have is, indeed, the traffic. Right now it all flows where it goes out on Centre Point Way and that's going to make it even more congested and it's a major concern because of the children. We have grandchildren visit us and we are very concerned about that. I understand fire department and that have concerns, but we need something that really will control the traffic and we just hope that at least the City Council can bring some pressure in this regard. We would appreciate it very much. Thank you. De Weerd: Thank you, Larry. Any questions? Okay. Good evening. Thank you for joining us. If you will, please, state your name and address for the record. McBrayer: Patrick McBrayer. 2976 Centre Point, Meridian. 83646. De Weerd: Thank you, Pat. McBrayer: One concern -- I agree with Larry and Julie and so on, but the other concern was that they sold all of these homes to this one gentleman. He's got 28 rentals. That makes our homes 50 percent rentals. Would you buy in a neighborhood that's 50 percent rentals? So, if it's possible -- and I have no idea -- whoever sells this property cannot sell the whole package or one whole street or something like that, because, then, that percentage just goes up and right now it looks like an Army barracks over there. I mean it's a joke. It really is bad. That's all I got to say. De Weerd: Thank you, Pat. Is there any further testimony on this? Yes, ma'am. Thank you for joining us. If you will, please, state your name and address. Gammon. Elizabeth Gammon. 3305 North Centre Point Way. De Weerd: Thank you. Meridian City Council March 18, 2014 Page 44 of 56 Gammon: I co-own this with my daughter. This is her first house and I'm almost beginning to be sorry that I helped her find this house, because of what's been going on. I think -- I missed most of the meeting, but I think the biggest concern is, of course, the value of the houses going down and, then, the second concern is the traffic, which is pretty bad already and if there -- I don't know. The traffic is just horrendous. There is going to be some accidents there in the near future. Why it hasn't happened yet I don't know, but we just want to keep the neighborhood and keep the values up and especially with the young people like my daughter, because they don't have it as easy as we did. It's a lot more difficult now with the economy and all that and I just hate to see her put all her money into this home and see the problems that are going on with what they are building. That's it. Thank you. De Weerd: Thank you, Elizabeth. Cavener: Madam Mayor, can I ask a question? De Weerd: Elizabeth, if you will field a question. Cavener: Could you just clarify what you meant by your concern about traffic. Do you have too many vehicles, too many speeding vehicles -- Gammon: It's a lot of different things. You know, number one, people coming out of the Kohl's center, come in there and pull around and I stood there for ten minutes and seen who knows how many cars. I mean I even gave up counting them. And when I go and visit her I have to really be careful just trying to pull out, trying to back out, because of the people that come around. Jimmy John's, of course, they go through there all the time. It's not the biggest problem, but I would say it's a big portion of it. There is speeding there and the stop sign is almost totally ignored and with all these apartments coming in with so many more cars and the only exit is out onto Eagle and you have to go right, the major entrance is on Centre Point and as I said -- and people -- some people just come through and drive through and so that's to all the apartments and rentals and they all have more than one car for some weird reason and it's just -- it's just really bad right there and not only that, not just the traffic, but, you know, I have thought about this, too, the amount of traffic that comes through there is really going to do damage to the road. It's really too much traffic for such private area. De Weerd: Okay. You don't have to state your name, Brian. McClure: Okay. De Weerd: You're just making staff comments. McClure: This is, actually, a personal topic. De Weerd: Okay. Meridian City Council March 18, 2014 Page 45 of 56 Bird: Okay. Then state your name. De Weerd: If you will, please, state your name and address for the record. McClure: Brian McClure. 2819 North LeBlanc. I just wanted to add some perspective here. The private roads, which are of concern currently actually connect to ACHD roads, which connect to Eagle and Ustick roadways. Since the medians went in on Eagle all the traffic that would normally want to go north on Eagle instead circulates through this neighborhood and that's why there is much traffic there, because the medians on Eagle forced everyone to go north to use private roads to get on the public roads. If that helps. Kind of odd. De Weerd: Yeah. We need to patrol in that area and see what's really happening. Is there anyone else who would like to provide testimony on this? Okay. Mr. Unger, would you like to respond? Unger: Bob Unger again. The applicant. Madam Mayor and Council, I had a couple of suggestions that we might be able to add into the -- either the conditions of approval or in the DA where we could -- you know, the city could require us to provide, you know, as part of our design review that -- that we be required to provide avaried -- varied architectural applications on the exteriors and varied roof lines. So, that's not specifying color or anything like that, but it's specifying, hey, you can't come in with the same roof over and over and over and you can't just throw up vinyl siding over and over and over. You have got to come up with some variety of applications. And certainly, you know, if we can put something like that in the -- say the development agreement or the design review I think that would go a long way in resolving some of these issues. In the CC&Rs that we are preparing and our anticipation is to use the same verbiage that comes out of the city, so that our CC&Rs for perspective buyers will see exactly the same things that the city is requiring of them. That way there is no confusion. No conflicts. As far as one purchaser coming in and buying all 40 units, I don't anticipate that. They better have a lot of money. But we can't control that. I mean by law we can't control who buys the buildings. We can't -- you know. And we can't -- we can't restrict them from renting it, you know. What we anticipate with these is that these are higher end buildings. I mean we are talking about marble counter tops. Tile floors. Hardwood floors. These units -- and the unique thing about these units is they are a basic two story rectangle that we can change everything outside and the roofs and everything, but the inside, but the inside, basically, stays the same. There are three bedrooms, three and a half baths. The bedrooms -- each bedroom is as large as most master bedrooms and each one has its own private bathroom. So, these are higher end buildings and we don't anticipate somebody coming in and buying all of them and renting them out. They are actually going to be in the range of two to two hundred thirty thousand dollars per unit. So, we don't anticipate that, but we can't restrict it. As far as traffic, I mean with the accesses we have Idon't -- you know, we don't exceed many traffic requirements. In fact, by going through this process and the DA amendment going from multi-family down to the attached, we could have had 68 units in there, but we are dropping it to 40 Meridian City Council March 18, 2014 Page 46 of 56 units. So, I think we are actually -- you know, we are aware of things out there, too, and it works better than the apartments would work. And like Bill had presented in his presentation there is a stub street headed to the north towards Ustick through the property to the north that some day we hope will develop and that will also help relieve some of the traffic issues. I think -- I think I have tried to cover everything that's been brought up. I think -- I think staff has done a great job. I think they have some good conditions of approval and -- to assure that this project is going to be developed as presented and also that we will address the concerns. So, I will stand for any other questions. De Weerd: Any questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This issue of through traffic on private streets is a real concern for me and it should be for you. You're subjecting the folks that own that road to a whole bunch of liability that they may not understand they are accepting in several areas. One they own, they maintain, and to some degree they operate that facility and yet you have what appear to be daily trespass on private property. Now, we have a couple of lawyers here that probably could explore this a little bit more than me and I'm just an old -- common old guy that thinks about a lot of weird things and to me it's a real problem. It's a real problem for the folks that live there and it's a real problem with the folks that are going to live there, that if there is not a public owned facility to move traffic out of this area, I don't think we should be doing anything out there on private roads and private roads are the key for your development in order to get the densities and all the kind of things that you're wanting to do. So, I'm really stuck with this -- what's happening out there. There needs to be a way developed with this preliminary plat and the adjoining property owners to get the public traffic out of the private areas and until that happens I don't see it's to anyone's advantage to move forward with anything in this particular area. Though I don't disagree with what you're trying to do, Bob. I think you have come with a good solution and you have really listened, but this -- this whole private roadway thing is -- it's -- if you get an accident out there, someone says, well, you know, somebody did something here and there and all of a sudden you're going to have lawyers going after the property owners. We don't have, really, a great degree of enforcement capability for traffic control and that sort of thing anymore than we do in the parking lot of a grocery store. Bird: That's right. Rountree: If we are out on a public right of way, then, we can do those kinds of things. So, just to me it just opens up a whole other can of worms that nobody's really addressed at this point in time. I just throw that out there. I don't have a solution. I really don't. Meridian City Council March 18, 2014 Page 47 of 56 Unger: Madam Mayor, Mr. Rountree, we actually went to ACRD about taking over ownership of these streets. They do not meet their standards as far as width -- as far as construction and everything they do, but I was told by ACHD that in order for them to take these over they would, essentially, have to be reconstructed before they would assume ownership of these streets. Hindsight is 20/20. Back in 2005 when we brought this project to you folks we proposed public streets and, then, the -- the eastern potion with the private streets and had we all realized maybe it would have been better that we would have gone public with all of them and I agree with you there are some traffic -- let me back up. There really aren't traffic issues out there. I think people perceive there as being traffic issues, yes. There are public -- the public does cut through there. They will come into the tire store, they will come through Jimmy John's and some of the other facilities there and they will go through the private streets to the public streets to get back out to Ustick so that they can go north on Eagle Road. That does happen and, you know, I -- I can't -- I can't change that. All we can do is maybe do work with the traffic calming devices, but we are certainly doing everything we can to reduce the traffic out there and, like I said, we are going from what we could have had with 68 units, which was our original concept plan that was approved in '06 down to 40 units. These new owners are also under the overall HOA and they will be required to contribute to the maintenance of the streets, you know, so it will add -- this will add additional funds for the maintenance of those streets. Beyond that I don't have any -- or I don't have any other solution to that situation. I wish I did. We are moving forward with -- with what was approved back in '05, '06. Bird: Bill, where do the streets go from public to private? Can you pull up that map? Parsons: Madam Mayor, Members of the Council, if you look at the aerial, the area that I have highlighted -- hatched out, that's private streets. This western portion of the development -- all of this is public street at this point. Everything in from Ustick -- the first two-thirds of that development is all private. So, the only public street is the loop here along the existing single family homes. This isn't even a public street at this point. It's just an access easement across the property until it subdivides in the future. ACRD has an easement across that property to facilitate the development of this site back in '05. That's how they made it work. Rountree: Madam Mayor? Bill, is there across-access agreement, then, between the residential and the commercial? Parsons: Madam Mayor, Members of the Council, currently I believe the way the plat's structured it references the local streets. There is a note on the plat that says it's for the benefit of ingress and egress for -- for all of these properties and there is also a separate instrument number that references cross-access to the property to the north for future connectivity. Rountree: Was that based on the assumption that those would be public streets? Parsons: No, sir. They were based on it being private. Meridian City Council March 18, 2014 Page 48 of 56 Rountree: Now is that agreement both ways on the subject property and the commercial property in the front? Parsons: Between the development or for the property from the north? Yes, it shows this lot and block. There is multiple subdivisions out there, but all of them have the same notes that references this road and that cross-access and those easements. They don't -- the plat -- one plat doesn't supersede the other plat, it's just kind of in succession. So, yes, everyone out there has a right. I make sure that note's on that plat every time it comes through and this one is no different. Rountree: Well, my thoughts of closing those access points probably isn't a good idea then. We'd need the lawyers involved. It seems to me, though, we, they, everybody has encouraged that -- Parsons: Originally Mr. Unger's proposal was to remove the roundabout as you came out of the commercial portion, but in working with him through this project we encouraged him that it be better -- in his best interest to leave the traffic calming in -- the landscape -- the center median in there in order to slow down traffic through there. De Weerd: Yeah. I think if the -- the crux of this is the cut-through traffic and freaking fast Jimmy John's drivers, you probably do need to look at as part of this development proposal the traffic calming methods to be included in the plat itself and maybe continue this and ask to work with staff in looking what -- what those would be that is acceptable in both slowing -- calming the traffic, but also -- and making that less convenient for the cut through and -- but not inhibiting an emergency response to those areas as well. Rountree: Madam Mayor, I was inclined to do the traffic calming in the development agreement, but I like your approach that we have the applicant put together solutions on the preliminary plat and bring those forward for our consideration and, then, include whatever resolution there is in the development agreement. So, I would suggest that we keep this hearing open and continue it to a date certain to have the applicant have an opportunity to get with some traffic engineering folks to see what kind of solutions we can come up with is my suggestion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think it's a good suggestion. I think it makes sense to spend the time to try and articulate that solution. At the same time while -- one thing Mr. Unger has done is -- is identify quite clearly some specific components he's willing to incorporate into a DA that reference the landscape plan, reference the mixed materials and adjacent parcels and roof lines, the removal of I think line four on the row of the proposed elevations. You made a comment that you really wanted to capture in the DA the concept of -- you can't just do X. Right? Lawyers muck that up and make it all -- that's really a crystal Meridian City Council March 18, 2014 Page 49 of 56 clear way to put it, so if this is getting continued, if we could have staff bring back clear articulation of what we mean by that, because I appreciate you sharing that and I think the neighborhood probably wants have this portion of the project have that clarity and might develop and it might be some other future, so we want to benefit everybody to know when we say you can't just do X we are going to clearly specify what that means with regards to the elevations and the landscape and traffic calming. So, we might have enough comment on the record now to bring that back at the same time. De Weerd: Bob, do -- do you know what Council is asking? Unger: Pardon? De Weerd: Do you understand what we hope to get back? Unger: Madam Mayor, yes, I do. You know, I think it's --Ithink it's something that -- as far as the additions to the DA I think it's something that Bill and I can probably put together in a matter of a day or so. I don't think it's, you know, that difficult, you know, for us to come up with some verbiage that would cover that and with the availability of the fire department, some, you know, representative, Ithink we can resolve that fairly quick also. I don't think there is anything, you know, that -- you know, that -- I guess where I'm going with this if you're going to continue us, please, continue us to the -- to the -- De Weerd: We will continue it to next week. Rountree: Like to do it next week if that's possible. Unger: Thank you. Ithink that's where I was trying to go with it and I appreciate that and I think I can work with the fire department and -- Bill and I talk every day when -- De Weerd: I'm sure you will get a call and -- to set up a meeting tomorrow. Unger: Excellent. Rountree: So, when is our next meeting? De Weerd: The 25th. March 25th. Rountree: Okay. Madam Mayor? Unger: Fine. That will be fine. I will be here for the 25th on another project anyhow, so that will be great. De Weerd: Okay. Meridian City Council March 18, 2014 Page 50 of 56 Rountree: Madam Mayor? I move that we continue Items 8-G and H until our next regularly scheduled meeting March 25th. Bird: Second. De Weerd: I have a motion and a second to continue Items Gand H -- H -- G and H to March 25th. All those in favor say aye. All ayes. Thank you. And thank you for being here this evening. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: ®epartment Reports A. Mayor's Office: Resolution No. 14-981: Appointment of Michelle Glaze to Seat 1 of the Meridian Arts Commission De Weerd: Under Department Reports, Council, 9-A. In front of you is a Resolution 14-981 recommending Michelle Glaze to Seat 1 of the Meridian Arts Commission. I will tell you that the commission chair Mary Jensen and I interviewed some very diverse candidates and the name that's in front of you this evening has -- has a lot of interest in the arts. She will be a good compliment to the member that she replaces in that she isn't representative in any one particular art medium, she embraces a number of those and she is also someone that represents acorporation -- a partner that has been very generous in supporting the Meridian arts in the past as well. We felt that she would compliment the commission as the current makeup and hope to get your -- your approval this evening and I would stand open to any questions. Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? I would move we approve Resolution 14-981 appointing Michelle Glaze to Seat 1 of the Meridian Arts Commission. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion or questions from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council March 18, 2014 Page 51 of 56 B. Police Department: Budget Amendment for the Replacement of Patrol Car for the Not-to-Exceed Amount of $8,853.00 De Weerd: Item 9-B is under our Police Department. I think this item is pretty self- explanatory, but as -- in the context of -- of our budget amendments we do ask our departments to make comment. Leslie: Thank you, Madam Mayor, City Council. Unfortunately, in December we had one of our patrol vehicles involved in a motor vehicle accident and fortunately nobody was seriously injured. Unfortunately, the vehicle was a complete loss. De Weerd: It was injured. Leslie: What's that? De Weerd: It was injured. Leslie: It was injured. Yeah. It was T-boned and had enough structural damage that we had to replace it. So, we are asking for -- in addition to the money we are getting back from ICRMP in regards to the loss of the vehicle, we need an additional 8,800 dollars to replace that vehicle. Fortunately we found a vehicle from Edmark that was on the ground that we could buy that was last year's model or year before's model, so we didn't have to order one, so we can get our car back up and running quicker and save some money on that vehicle. So, it did save a little bit of money in the process, but we do have to replace that vehicle. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Come on, grill him, Joe. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no questions, I move we approve the budget amendment for the replacement of a patrol car not to exceed 8,853 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-B. Any discussion from Council? Madam Clerk. Meridian City Council March 18, 2014 Page 52 of 56 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Ordinances A. Ordinance No. 14-1600: An Ordinance (AZ 13-010 McLinder Subdivision/Sawtooth Village) for Annexation of a Parcel of Ground Located in the Northwest 1/4 of Section 36, Township 3 North, Range 1 East; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-15 (6.426 Acres) (Medium High Density Residential District) and C-N (6.578 Acres) (Neighborhood Business District) and Providing an Effective Date De Weerd: Item 10-A is Ordinance 14-1600. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1600, an Ordinance AZ 13-010, McLinder Subdivision Sawtooth Village, for annexation of a parcel of ground located in the northwest quarter of Section 35, Township 3 North, Range 1 East, 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 land from RUT to R-15, 6.426 acres, Medium High Density Residential District, and C-N, 6.578 acres, Neighborhood Business 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. Is there anyone who would like to hear it read in its entirety? Fortunately not. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1600 with suspension of rules. Rountree: Second. Meridian City Council March 18, 2014 Page 53 of 56 De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Council, any topics to include for future agendas? Bird: I have none. Item 12: Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation) Note: An action by City Council may follow the executive session. De Weerd: Okay. I move to Item No. 12, Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (8:31 p.m. to 9:18 p.m.) De Weerd: Could I have a motion to come out of Executive Session? Rountree: So moved. Meridian City Council March 18, 2014 Page 54 of 56 Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 13: Amended onto the Agenda: Master Agreement with Nampa Meridian Irrigation District (NMID) for Permitted and Future Encroachments Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we add an item to the agenda relating to an agreement with the Nampa-Meridian Irrigation District to spend (recording unintelligible). Bird: Second. De Weerd: I have a motion to approve the Master Agreement between the Nampa- Meridian Irrigation District and the (recording unintelligible) City of Meridian. Rountree: In the state of Meridian. De Weerd: State of Meridian. (Recording intelligible) De Weerd: Sorry. I got ahead of you. Rountree: My motion to -- De Weerd: It is to amend (recording unintelligible). Rountree: To add that to the agenda. Bird: Yeah. Rountree: As an amendment. Bird: But not to pass it. Holman: We are adding it. Not approving it yet. Bird: No. Rountree: It's got to be on the agenda before we do that. Meridian City Council March 18, 2014 Page 55 of 56 Bird: Yeah. De Weerd: Okay. All those in favor -- (Recording unintelligible). De Weerd: Oh, that was to come out of Executive Session. Okay. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you. Zaremba: So, the agenda has been amended (recording unintelligible). De Weerd: Yes. Zaremba: Yes. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve the Master Agreement with the Nampa-Meridian Irrigation District (recording unintelligible). Bird: Second. De Weerd: I have a motion and a second to approve the Master Agreement as stated. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: We are at the end of our agenda. Council, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council March 18, 2014 Page 56 of 56 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:20 P.M. (AUD ~RECORDLN~G ON FILE OF THESE PROCEEDINGS) ~_ ~~...,~ ~ /~_/ COI ~ MAYOR TAMMY DE WEERD DATE APPROVED ridian ity until satin Approval of (8) Zoll X Series Manual Monitor/Defibrillators from Zoll Medical Corporation for the Not-To-Exceed Amount of $239~6-~:~4 ~ , I~ DATE: E-MSTAFD TO I AGENCYO I APPLICANT I NOTES INITIALS To: Jaycee L. Holman, City Clerk, rorn: Keith Watts, Purchasing Manager : Jacy Jones, Mark Niemeyer ate: 3-27-2014 ite: April 2, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 2"d City Council Consent Agenda for Council's consideration. Approval of purchase of 8 Zoll X Series Manual Monitor/Defibrillators from Zoll Medical Corporation for the Not-To-Exceed amount of $282,365.11. Recommended Council Action: Approval of purchase of 8 Monitor/Defibrillators from Zoll Medical Corporation for the Not-To-Exceed amount of $282,365.11, and authorize the Purchase Manager to sign the Purchase Order #14-0245 and the Mayor to sign the Participating Agency Endorsement and Authorization. This purchase is being made from the National Purchasing Partners (NPP) contract (a cooperative contract) that has been competitively solicited by the League of Oregon Cities. Thank you for your consideration. Page 1 `I`bis Master Purchase Agreement dated as of .luly~, 2~ 12 is by and between the LEAGUE: nF OREGON CITIES ("Purchaser") and ZOl_~111'VIEDICts.L CORPORATION ("Stkpptier"). R)E~IT'A;I1S~ WHEREAS, the Supplier is in the business of selling certain products and related services, as further described. herein; and WHEREAS, the Supplier desires to sell and the Purchaser desires to purchase certain i~a~tofncrtzc electranzc d~~brill~t~t• a~~d clir~zcal clefibt•illatvt•~r•oi~`ucts and related services all upon and subject to the terms and conditions set fol•th herein; and Wt-IEREAS, the Supplier desires to extend tlae terms of this Master Price Agreement to t~~e~nbers ofNatonal Purchasing 1?artners, LLC. NOW, THEREFORE, Supplier and Purchaser,. intending to be legally bound, hereby agree as Follows; 1~I2'I'~~LE 1 - CEIZ'I`1-~]l I~EF` ~~I"~~N~ 1.1 "Parties" shall mean the Purchaser and Supplier. 1.~ "Agreement" shall mean to this Master P~`ice Agreement, ircluding the main body ofthis Agreement and Attachments A-F attached hereto and by tllis reference incorporated herein, including Purchaser's Request for Proposal RFP No. S2O (heleln "IZFP") and Supplier's Proposal submitted in response to the RFP (herein t`Supplier's Proposal") as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the "Contract pocuments"). 1.3 "Applicable Law(s)" shall .mean all applicable federal, state and local laws, statutes,. ordinances, codes, rules, regulations, standards, orders and other' governmental recluireinenfs of any kind, including, but not Iiruitcd to, those relatitlg to (i) aflrtnatve action az~d equal employment opportunity, (ii} nondiscrimination based on race, color, creed, religion, sex, age, ethnic origin ~r existence of a disability, (iii) wages and hours, (iv) r~vorkers' compensation and unemployment insurance, (v) labor and employment conditions, (vi) occupational safety and health and (vii) the environment and the use. and handling and disposal of toxic andlor hazardous substances and materials. 1.4 "Employee Taxes" shall mean all taxes, assessments; charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Supplier's employees (or subcgntractors), as required by the federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local .law. 1.S ``Purchaser's IUcstination" shall mean such eelivery location(s) or dCStinatian(s) as Purchaser may prescribe from time to time. 1.6 "Products" shall mean. the proddcts andlor services to be sold by Supplier hereunder as identified and described an tlttacltnierit A hereto and incorporated herein, as may be updated fxom tinge to time by Supplier to reflect products and/or ser~~ces offered by Supplier generally to its customers. 1:7 "Puaoltase Order"shall mean any authorized written, electronic, telephone-or fax order seat or made by Purchaser pursuant hereto, including, but riot limited to, written purchase. orders, requisitions sent by fax machine; and orders. in such crther• forth and/or mode of transmission as Ptu•ehaser and Supplier may from time to time agree. lJach Purchase Order will specify the,following items; National Purchasing Partners Contract number, specific Products requested (by id number), unit price per• Product, quantity, delivery schedule,. destination (with contactlrecpient), trnd total price of the Purchase Order: Each Purchase t)rder issued. under this AgreerYlent shall be mmade part af, and be incot~orated into this Agreement, and shall reference this Agreemenk an the face of each Purchase Order, Should an~r Purchase Order Trot confnr-n to or satisfy the terms of this Agreement, Supplier sl~alf havefrve (5) btasness days after receipt to reject the Purchase Order. By not rejecting the Purchase Orden within five (S) business days, Sttpplierwfl have accepted the Purchase Order. Acceptance by Supplier is limited to the provisions proposed by Supplier or Purchaset• shall .apply. In addition, the parties agree that this Agreement and accepted Purchase Orders eonstit~tte a contract far the sale o1' goods andlor sei•viccs anti satisfy all statutory and legal formalities of a contract. 1.8 "Unemployment Insurance" shall mean the contribution required of Supplier, as an employer, in respect of, and measured by, the wages of its employees (or sul~contraetors) as required. by any applicable federal, state ar local unemployment insurance law or regulation. 1.9 "NationaLPut•chasing Partners" is a subsidiary of two nonprofit health care systems and provides group purchasingtmarlceting and administrative support for govertin~cntal entities and non-profit institutions within the ta~eizbetship. National Purchasing Partners' naetmbershl~ includes participating public and non.-profit entities across Ncirth America.. 1.10 "Participating Agencies" shill mean members of National Purchasing Partners that Supplier for which Supplier has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.S arid Attaclunent C herein. .l-~I~'I'It~LE 2 - A~It~~~i~l~'T 'I'~ ~I~I..I. 2.1 Supplier hereby agrees to sell to Purchaser such Products as Purchaser imay order from tithe to time by I'urehase Order, all in accordance with avid subject to the terms; covenants and conditions of this Agreetnertt. Purchaser agrees to purchase those Products ordered by Purchaser by Purchase Order in accordance with anti subject to the terms, covenants and conditions ctf this A~t•eement. 2.2 Ali Purchase Orders issued by Purchaser to Supplier For Products during the'Cerm (as hereinafter defined} of this Agreement are subject to the previsions of this Agreement as though fully set forth in such Purchase Order. In the event that the provisions of'this Agreement conflict with any Purchase 4Jrder issued by Purchaser to Supplier, the,provisions ofthiS Agreement shall .govern. No other terms ~d conditions,,includng, but not limited ta, those contained in Supplier's standard printed terms and conditions, an Supplier's order ac;lsnowledgment, itrvaices or otherwise, slxall have any application to or effect upon or be cleerlred to constitute an amendment to or to lre incorporated into this. Agreernetlt, any Purelrase Qrder, or any trailsactidns occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other'terms and conditions in writing by the parties. Z.3 Notwithstanding any other provision of this Agreement to the cotrtrary, Prrrchasor shall have no obligation to order or purchase any Products hereunder and the placement of airy Purchase Order shall be in the sole discretion of Purchaser. Vl~ithout limiting the generality of the foregoing, the actual quantity of Praductsto be purchased hereunder shall be deternuneel by Purchaser in its sole discretion. This Agreement is flat exclusive. Supplier expressly, acknowledges and agrees drat Purchaser may purchase at its sole discretion, products which are identical or similar to the Products descrived in this Agreement from any third party. 2,4 Tn case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the fallowing order of priority; (} This Agreement; {ii) Supplier's Proposal, including exceptions; and (iii) The RFP. Supplier has provided a list of Exceptions to the 1tFP Solicitation identified in Supplier's Proposal. Supplier's list of ~xeeptions is approved in its entirety. 2,5 Extension of contract terms to National. Yurcltasing Partners,l.LC` 2.5.1 Pursuant to Section 1,~ of the 1ZF'P, Supplier agrees to extend the same terms, covenants and Conditions available to Yurehaser under dais Agreeiilent to other government agencies that are nrembers of National Purchasing Partners, that have executed a,National Purchasing Partners lGA as a Participating Agency, and that wish to'access this agreement in accordance with Attachment G which is attached hereto and incai~orated herein. by reference ("Participating Agencies"); provided that each such Participating Agency, as well as all Lead Agency nrcrnbers, must idetitif'y the. NPP-League of Oregon City Contract at the time the order is placed with Supplier.. Each Participating Agency will be exclusively responsible for and deal directly with Supplier on matters relating to ordering; delivery,rnspcction, acceptance,. invoicing, and payment for Products in aceordaaice with the terms and conditions of this. Agreerncnt as if it were "Purchaser" hereunder: Auy disputes between a Participating Public Agency and Supplier will be resolved directly between tlterri under and in accordance with the laws of the State iri which the Participating Public Agency exists. Pursuant to 1:2A) and 3,2 of the RFP, Purchaser shall not incur any liability as a result of the access -and utilization of`this Agreement by other NPP Participating Agencies. 2,5.2 This Snlicitcrlic~n meefs Clregnn public cantr°r~ctr'r~g regirit•ements ccnd may nc~t be apps°apf'icrte trndet; pi° rxeet ,Participating Ag~r2cies' prvcurernenl laws. Participating Agencies are urged to seek independent revieti~j by #heir legal counsel to er¢s•ttre cornplcii7ae with all local and slate solicitatavn requiremEnt•r, 2.5.3 Supplier aclcnowleciges execution of a Vendor Adzrzinistratidzi Fee Agreement with National Purchasing :Partners, LLC, pursuant to Sectotl I.2U) ofthe RFP, ~'I'ICI1~ 3 ~-''JEPVI ~N 't'E ~N1~~'i®N 3.1 The term of this Agreement. shall commence on the .date hereof and steal l contilitte for four (4) years, expiring on ,Tiny , 20:16 (the "Original ~'erm"), subject to any earlier termination as provided herein. Notwitlzstandingttee foregoing, Purchaser may extend the tern1 of this Agreement for four (~4) additional periods of one (1) year each (each,. alt "1?xtension Term") by giving Supplier wz'itten notice no less thou thirty (30) days prior to the expiration of the Original Term or preceding Extension Term. (The Original 'T'erm together with zll Extension Tei~rzs is hereafterreferred to as the "Term.") 3.2 Either party may terminate this Agreement by written notice to the other Party if the other party breaches any of its obligations hereunder and fails to remedy the breach within thii-ky (34) days after receiving; written notice of such breach fr`on~ the lion-breacl2ing party. A~'I'ICI.111+ 4 - P~~~IN~, I ~)t~E~4 ANI~ PA~1~N`I' 4.1 Purchaser shall pay Supplier tar alI Products ordered and delivered in compliazice with the ter~trzs and conditions of this Agreement an the terms atad at the discount, price ~r prices specified for each such Product on Attachment A. Unless Attaclunent A or Supplier's Proposal expressly provides otherwise, the prices for Products set forth on Attachment A hereto shall. reixiained fixed during the entire Term of the Agreement and shall riot be increased as a result of the. quantity of Products ordered, the delivery tithe within which such Products are. required to be delivered to Purchaser or far any other reason. Ur~iess otherwise directed by Purchaser for expedited orders, Supplier shall utilize such common carrier far the delivery of Products as Supplier may select; provided, however, that for expedited orders Supplier shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Supplier for its own account or for the account of any other sitiilarly situated customer of Supplier. 4.2 Supplier shall subittit original invoices to Purchaser in form and substance aild for~tnat reasonably acceptable to Purchaser:. Ail invoices must reference the Purchaser's Purchase £)rdcr number, contain an itemization of amounts for Products purchased during the applicable irtvaice pariad and any ether infortnatiot~ reasonably rsquestecl by Pureltaser, and zntt~t otherwise 4 comply with the provisions of this Agreement and such reasonable requirements as may be prescribed by Purchaser #roii~ time to time. Invoices shall be addressed as .directed by Purchaser. 4:3 Unless Attachnieiat A ~r Supplier's Proposal (Attacluiient I)) expressly provides: otherwise, the prices specified on Attachment A include.. (i} all taxes and duties of any kind which Supplier is required to pay with respect to the sale of Products covered by this Agreerneiit and (ii} all charges For packing, packaging and fading, 4,4 Notwithstanding any other agreetiient oFthe parties as to the payment of shipping/~ieliv~ry costs, except as otherwise provided on Attacl~rnent A gr Supplier's Fropc~sal, all prices include delivery charges to Middletown; PA. Purchasing Agency is responsible for delivery charges from Middletown, PA to final destination, using the Wiest cost effective cart~ier. , Tars will be added to all orders, unless a cut7eitt tax exempt certificate is supplied at the time of order. 4.S Except as specifically set fartlt nn Attachment A or Supplier's Proposal, Purchaser shall not he responsible for any additional costs or expenses of any nature iitcurled by Supplier in connection with the provision of the Products, includig without limitation travel expenses, cIe~•ical or administrative personnel, long distance telephone charges, etc. ("Itieidetital Expenses"). To the extent that. Attachinenl l~ expressly equines Purchaser to reimburse Supplier fox Incidental Expenses, and notwithstanding anything else set forth. in this Agreement, including Attachment A, Purchaser shall not be responsible for any such reimbursement unless the expenses to be reimbursed are (i) approved, in each instance, in advance by Purchaser; and (ii} substantiated by appropriate receipts. and related documentation. It is acknowledged and agreed that Purchaser ma5~, as a condition ofits approval of any such Incidental Expense reiinbursenlent, require in eac11 instance Supplier to utilize suppliers or service providers preescribed by Purchaser, which may include suppliers or service providers which are affiliated with Purchaser. 4,f Supplier represents, warrants and couenaitts that the .pries, charges and Fees for Products set Earth ira this Agreement are at least favorable as the prices, charges and fees Supplier charges to other of its customers or clients for the same. or substantially similar products provided under the same_or substantially similar circumstances, terms, and conditions. If Supplier agrees or contracts with other clients or customers similarly situated during the Term of this Agreement, and offers or agrees to financial terms more favorable than those set forth Herein (on the whole), Supplier hereby agrees that it will reduce the prices, charges and/or fees charged to Purchaser in respect of the Products hereunder to t11c most favorable rates received by those other clients or customers. AI2'I'ICI~E S y- INSITlN~ During the term of this Agreement, Supplier shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent. manufactui°ers in the industry, with one or more reputable insurance companies licensed to do business in the states where Products arc to be sold hereunder, ZOLL MEDICAL CORPORATION maintains a deductible of up to $100,000.0, ZOLL MEDICAL CORPORATION maintains cash revenues of $.50,OOp;OE}0.00 on their balance sheets with no dent, ART'I~I1~ 6 ~-- I~I~E1l~~ilFX~.~'JCIC~ Supplier agrees that it shall indemnify, defend and hold har7tiless Purchaser, its respective officials, directors, en~pioyees and agents (collectively, the "Indemnities"}, attd National Purchasing Partners from and against any and all damages; claims, losses, expenses, costs, obligations and liabilities (including without Iimitafiion reasonable attorney's :fees}, suffered directly-or indirectly by any of the Indemnities by reason of, or arising out. af, (i} any l~reael~ of any covenant, representation, or warranty made by Supplier in this Agreement, (ii) aziy failure by Supplier to perform or fulfill any of its obligations: covenants or agrecmerlts set forth iix this Agreement, (iii} the negligence or intentional misconduct of Supplier, any subcontractor of Supplier, or any of their respective employees or agents, (iv} any failure of Supplier; its subcontractors, or their respective employees to con~zply with any Applicable Law, (v} a1zy litigation, proceeding or claim by any third party relating in any way to the obligations of Supplier under this Agreement or Supplier's pez•fot~zx~auce under'tliis Agreement, (vi} azy Employee Taxes. or Unemployment Insurance, or (vii) any claim alleging that the Products or any part thereof infringe any third party's I.J.S. patent, copyright, trademark, trade secret or outer intellectual property .interest, Such obligation to indemnify shall not apply where the damage, claim; loss, expense, cost, obligation or liability is due to the breach oftliis Agreement by, or negligence or willful misconduct of, Purchaser or its officials, directors, employees, agents or contractors.. In addition, Supplier shall not be liable for infringement claims related to nonstandard or special-order product, the design of which is provided to Supplier by Purchaser. The provisions of this Article shall survive the expiration or termination of this Agreement. LIMITATION OF LIABILITY: IN NO EVENT WILL WITHER PARTY BE LIABLE FOR ANY SPECIAL, INDII~ECT, INCIDENTAL, CC)NSEQUENTIAL CJR EXEMPLARX DAMAGES IN CONNECTION WI"FH EAR ARISING ©UT OF THIS. AGREEMENT, INCLUDING, BUT NqT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR 'I'O PROPERTY OR LOSS OF FROFITS OR LOSS OP FUTURE BUSINESS (a1Z REP[.J"1`ATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE P(~SSiBILITY OF SUCH DAMAGES. ~I<2'I,I~L~ ~' ~ i~ NTIE~ Purchaser shall refer to Supplier's Proposal for all Supplier and manufacturer express warranties, as well as those warranties provided under Attaclunent B herein. ,E~I2'I'ICI,~ ~ ®IN~P~~7'I~lV ,A:ND R~JE~'I'll~l~t 8:1 Purchaser shall have the right to inspect and test Products at any time prior tc~ shipment, and. within a reasonable tiztte after delivery to the Purchaser's Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser, The payment for Products shall in no way impair the right of Purchaser to reject nonconforrnirzg Products, or to avail itself of any other remedies to which it may be entitled. 6 8.2 if any of the Products are found at any time to be defective ytl n~;aterial or workmanship, damaged; or otherwise not in conformity with the requirements ot'this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Supplier's sole cost anti expense, elect either to () return any :damaged, non-confoz~~aing or defective Products to Supplier for correction or replacement, or (ii) require Supplier to inspect the Products acid remove or replace damaged, non-confo~~nting or defective Products with conforming Products, IfPurcllaser elects option (ii) in the preceding sentence and Supplier fails prornptty to make the necessary inspection, removal and replacement, Purchaser, `at its option, may inspect and. sort tl~e Products and Supplier shall bear the cost thereof.. Payment by Ptxrcliaser of any invoice shall not consttcite acceptance of the Products covered by such invoice, aid acceptance by Purchaser shall not relieve Supplier of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article sha}1 survive-the expiration or terrrBirgiition 4~ this Agr een~ent. ~~'~I..E 9 - ~~7)~~TY`~"iJT~~S Except as otherwise permitted hereunder] Supp}ier may not make any substitutions of Products, or any portion thereof, of any kind without the prior written :consent of Purchaser. AR'~'I~~~ IO - C~PL~AN~)~ 'II'I' L,A~ l tl, l Supplier agrees to comply with all Appl}cable Laws. Witl7otrt limitation of the foregoing sentence, Supplier shall comply with all applicable equal er~iployment opportunity, affirmative aetiort, and all ether contract clauses required by Applicable Law and shall, at Supplier's expense, secure and maintain in full force during the Term of tlz}s Agreement, any anti ail licenses, permits, approvals, authorizations, registrations and ecru#"reates, if any, t•equirec~ by Applicable Laws in connection with the perfoan~ance of its obligations hereunder, At Purchaser's request, Supplier shall provide to Purchaser copies of any or all such licenses, perPnits, approvals, attthorizatans, registrations and certificates. l ta.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no govet~unentai or Legal impediment against Purchaser's execution of this Agreement. or performance of its obligations hereunder AI2'I'1~I.E, 11- PL1IlIC>1'I' I CONF EN~IA.IIITY 11.1 No flews releases, public announcements, advertising materials, or confir7i~ation of same, concerning any part of this Agreement or any Purchase Urder issued hereunder shall be issued or made without the prior written approval of the parties, Neither party shall in any advertising, sales materials or in any other way use any of the names or logos of the other party without the prior writteir approval. of the other party. 11.2 Any knowledge or information which Supplier or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which. in any way relates. to the Products severed 17y this ~igreement shall not, unless t~therwise clesi,gnated by Supplier, be deemed to be 7 eozfidential or proprietary information, and shall be acquiz•cd by Purchaser, free from any restrictions, as part of the consideration for this Agreen~ea~t. AI~~`I~I1 ~Z:-12~~IT'I'(~ AIJI)IT Subject to Supplier's reasonable security and confidentiality procedures,l'ureliaser, or arty third party retained by Purchaser,, tnay at any time upon prig reasonable notice to Supplier, dut~ing normal business Hours, audit the books, records and accounts of Supplier to the extent that. such. books, recot•ds and accounts pertain to sale of any Products hcreunder or otherwise relate to the perfonzance oi`this Agreement by Supplier. Supplier shall maintain all such books, records and accounts far a: period of at least tree (~}years after the date of expiration or termination of this Agreement. This Article 12 and Purchaser's rights hereunder shall survive the expiration or termination of this Agreement far a period of three (3} ..years after the date of suc11 expiration or tet~nlination and Purchaser shall continue to have the right to audit during such period. ~4'I'ICI,I113 ®I1~L~'VI•ll~~' ItIJIItE1VIEN'I'S TIME IS'OF THE ESSI~NGE WITH RESPECT TO EACl-1 PURCHASE ORDER ISSUED HEREUNDER::. If Supplier for any reason anticipates difficulty it2 complying with the required. delivery date, or in meeting any of the other requirem~nls hereunder or under any Purchase Order, .Supplier shall promptly notify Furchaser in waiting. >lxeept as otherwise provided in Article 18 below, if Supplier does not comply with the applicable delivery schedule, in addition to any other remedies it mazy have, Purchaser tnay regtz%re delivery by fastest n~etlrod available and any actual out-of-pocket.charges or costs resulting from such method (including, but not liimited to, premium. shipping rates, etc.}, if any, must be fully prepaid and/or absorbed by Supplier without additional cost to Purchaser. It is Supplier's responsibility to comply with the delivery schedule applicable to eac1~ Purchase Order adcepted by Supplier. AI~~'II1~ 14 - iZY~I~ I{' Il~~~ ~NI~ PASSAGE CAF TI'I"I.,~ Supplier shall have the risk of lass afar damage to any Products until passage of title to Purchaser. Purchaser shall have the risk of loss of or damage to the Products after title has passed to Purchaser. All products. are shipped from Supplier I`OI3 Shipping Point. Title to Products shall pass to Purchaser upon delivery of the Products to the common carrier. AT~TICLE ~ - ItEIVIEI~IES Except as otherwise provided. herein, any right or remedy of Supplier or Purchaser set forth. in this Agreement shall not be exclusive, and, in addition thereto, Supplier and Purchaser shall have. all rights and remedies under applicable law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of tlts Agreement. Al~'I'~CI.E 16 ~ II~L~'I`I~I~S~IIIF ~J~' k~~12'I'iES 8 Supplier is an indel3endent contractor and is nat an agent, servant, employee, Iega1 representative, partner or mint venturer of Purchaser. Nothing herein shall be deemed ~z• ccinstrued as creating a joint venhkre or partnership between Supplier and. Purchaser. Neither party has the power or authority to hind or conunit the other. ~12'I'~~Il~ 17 - I®IO'TICE~ All notices required or .permitted to be given or made in this Agt•eetnetxt shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered (nail or by natot7atly recognized. overnight courier to tl~e address. specihcd below; If to 1?ttrchaser: Leagcte of Oregan Cities c/o Jennie Messmer Local Governtncnt Center 1241 C;oiart St. NE, Suite 244 Salem, OR 973x1-4194 If to Supplier: Ly~tn Ganway 269 Mill. Road Clielrttsford, MA 01824 with a copy ta: Bruce R. Busch Chief Legal Counsel National Purchasing Partners, LLC 110(1 Olive Way, Suite 1020 Seattle, WA 98141 Either party may change its notice address by giving the other party written notice of such change in the manner specitied above. A.R'>I~ICIlE 1$ - I'C)I~~E NI~,~~IJ~2.E Dela~+ in performance or non-perfoi~ttance of any obligation contained herein shall be excused to the extent such failure orison-performance is caused by force majeure. liar purposes of this Agreement, "force majeure" shall mean any cause or agency preventing perfor~nancc of an obligation which is beyond the reasonable control of either party hereto, including witlioui limitation, fire, flood, sabotage, shipwreck,. embargo, strike, explosion, laboa• trouble, accident, riot, acts of governmental authority {including, without limitation, acts based oil laws ar regulations now in existence as well as these enacted in the future), acts of hod, and delays or 9 failure in abtaining raw materials, supplies or transportation. Aparty affected by force znajeure shall promptly prtavide notice to the other, explaining the nature and expected dtzratioti thereof, and shall act diligently to remedy theinterruption or delay if it is reasonably capable ofbeing remedied. In the event of a force majeure situation, deliveries or acceptance of delivez~ies that have been suspended shall not be required to be made upon the xesumptiotl of perf'oriiiancc; ~I~'I'I~I~~ ~ 9 a i~'~4I No delay or failure by either party to exercise any right, remedy or power 17erein shall itnpair such party's right to exercise such right, remedy or power or be canstrued to be a waiver of any default or aza acquiesceaice therein; and any single or partial exercise of any such right, rezrzedy or power shall not preclude ally other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set. forth in writing executed. 6y the waiving party aild then only to the extent expzessly set fdrth in such writing. A~t'~'ICI~E 20 - Fr~~2.~TIE~ TJN; ASSI~~N~' `Phis Agreement shall inure to.tlie benefit of and shall be binding upon the respective successors and assigns of the parties hereto, but it may not bs .assigned in whole ox impart by Supplier without the prig written consent of Purchaser which shall aic~t be unreasonably withheld or delayed. Supplier shall not delegate its duties under this Agreement nor assign xA}onies due or to become dine to it hereunder without prior writtenconsent of Ptrchaser. Purchaser may freely assign this Agreement to an instrumentality thereof or to a third party respozisible for admtZisterin~ this Agreeinealt on behalf of Purchaser. Al~'~'~CI.E 21- ~EV~~1-~~Il:.~'TY To the extent possible, each provision of this Agreement and any Purchase Qrder shall lac interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreeanent dr any Purchase Order issued in accordance with this Agreement is declared invalid or unenforceable, byjudicial deteiniination ar otherwise,. such provision shall not invalidate oz' reaider unenforceable the entire Agreeanent or Purchase Qrder, but xafher the entire Agreeanent or Purchase Order shall be s~onstrued as if not containing the particular invalid or unetforceable provision or provisions and the rights and obligations of the parties shall be construed and enforced accardizigly. ~~$~~~.R.l~a~ ~~ar~ ~~1.~4 ~iV k II.•~~~~]~'~it~ji'R~l'1~ 22..1 All the provisions of the Attachments hereto are hezeby incorp©ratcd herein and rnade a part of this. Agreement. In the event of any apparent canflct between any provision set Earth in the main body of this Agreement and any provision set fartlz in the Attachments, including the RFI' andlor Supplier's Prapasal, the lrovisions shall be interpreted, to the extent possible, as if they do not conflict. In the event that such an interpretation is not possible, the provisions set forth in the main body oI: this Agreeanent shall control. 10 22.2 "1 his Agreement (including Attachments and Contract Uacuments hereto} constitutes the entire agreement of the panties relatiuag to the subject mattex heirea~asad supersedes at~y and all prior wk7tten ar~.d oral agreements or understandings relatlrig to such subject matter. ~3 Headings. used in this Agreement are for convenie:ucd u~re~excuce only and shall in Rio way be used to constxue or limit the provisio~is set foxth in tlZs Agree~rt7ent. This Agreement may be ~adihed oz amended only by a wxitin~ e;~ecuted by bath paa-ties hereto. 'I'sis A,gxeemezit siaall be-governed by and interpreted in accoxdancc with the laws ofthe state in which the Purchaser exists, without regard to its choice of law ~pravisions. TN WXTNESS WI-IERED~`, fhe parties Dave execu~Ced tlZs Agreement as of tine dz~y and year first written above, SUPPLIEkt; 13y: blame: Is n Cnita~va Title: V,P, Strafe ie AGets, ZOI,L MEDICAL C(~RPORATIQN I?ated: 7-23-1 ~~ 11 AT'I`1~~I~IVIE~~T ~. to ll'nrchase ,~g~eeta~ent clxtetl .Ttity , 20~ by anal between ~tJPI'I,1<>EI~ and P[JI~~HA~EI~. I'I2 IT~~S, SElZVI~~~, ~~~~~I~A'I"I~N~-Ali ~~I~E~ ZOLL MI/DICAL CQRPQRATIQN aFfers the products and services to NPP members pursuant to the P~•ice l.,ist provided in Supplier's Proposal under Tab 6. Pricing for non-standard, special- ardor products shall be negotiated by the parties... Supplier shall offerFOB shipping Paint and Free Freight. Taxes will be added to al[ orders, unless a curreaxt tax-exempt certificate is supplied at the time o#'order. Pricing .contained in this Attachment A shill be extended to all. National Purchasing Partner members thraughaut the United States upon execution oI?the National Purchasing Partners Intcrgavernmental Cooperative Purchase Agreement Participating Agency l~ndarsement and Authorization. 12 ~'~'TA~~II~/IE~'I' to Fiarehas~ Agreement ~atec~ Jti1y , 2012 by and be~~een Si1)~'PLI>~lt and P><112CIE~AS~R. A~FI'I1~tA~, ~ELL~ 1~IA12 ~" To the extent possible, Sii~plier will. make available all warranties from third party n~ariufacturors of 1'rodticts not naanufacfurecl by Supplier; as well. as all warranties identified in this Agrecn~ent and Supplier's Proposal. 13 A~`1'A~I~EI~t'I' tct,I'urciiase Agreement dated ~Tttty , 2012 by and between ~111'1'Y.IER and I'11IZCIFIASER. P '1'~~~A'~II~G t~~;N~IES Purchaser served as the Lead Contracting Agency in cooperation with National Purchasing Partners, it's subsidiary, FireRescue CiP4, and on behalf of other goverrunent agencies that dose to access the Master Price Agreement. Supplier mast deal directly with any Pai-kicipating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, nvoietng, and paynlex~t, The Purchaser is acting as "Lead Contracting Agexicy"' for the Participating Agencies and. shall nit be held liable for any casts, damages, etc:, incurred by any other Participating Agency. Tl~e strbsequeut co~~tract shall be construed to be in accordance with and governed by the laws of the Siate iii which the Participating Agency exists. Each Participating Age~icy is required to execute a National Purchasing Partners Member Intergovet•nmental Cooperative' Purchasing 1greement ("IGA"), all as set forth on the National Purchasing Partners web site, t~yww.inynpp.eom, under the ZOLL M1/llICAL CC~RPORATICaN Contract Data Sheet. The IGA allows the Participating Agency to purchase products from the Supplier in accordance with each Participating Agency's legal requirements. l ,~'T'I`A~I-Ili~N'I` to ~cer~h~se A.~i•eeinent dated Tiny , 201 by and.. beflween ~gIPI"I.I~Ia and P6JT2C I1. ~u~p(er's ~'~o~a~al ('Fhe ~upplieB~'s Proposal is mot atfAC~aea hereto.} (`I'tae Supplier's Propas~l i~ iiiear~par.4ted herein:) 1S AT"I`AC~iI~ENT ~ to I~urehase ~~reeane~a~ dafed ,duly , 2012 by ar~d bet~weun SUPt'i.,I~I~ anc~ 1'UI~~HA.~tJI~. t'urchas~~-'s l~~clu~st ~'or Proposal (rE'lae T'u~cllaset''s IZe+qu~st fog Proy~osa~~ is nab attmcly~al hereto.} ('1'he Pa~r•chaser's ~ecluesf for Proposal is incorporaked h~re~n.} 16 A'I'TACI3~!II~I7' ~' to I'urc~a~~~ t~,~~•ee~nt ci~t~c1.1u1y , 2012 by and b~ceeYi ~1J~'I'I,IEI~ anc~ ~u~~x~.~r~z. Z~LL Prl~~l~~. ~~1~~R~'i'1~3I~t AI9I~~T'I~1V~~ ~~Ia.NC~ ~~' P[1I~~I~.4~~ 17 s~rrt~n~ ~~ qtr ur~hs~rr ro~rt This Atnandr~ent fo ~e IVlaster Purchasrr Agreement is enterdd info this day of Qctvber, 2UI3 by fhe LE~4GUE {7F ®iZEGON CITIIr~ {"purchasers"} and .~17L1. MEL7iCA.L, CORP~3RA7't01d; ("~u~~I~r") based upon the sales >~nd/or ss;nric~ afAutamstia Flectr4nic Defbrillmtors and Clinics! Da~ibriltatars. CST VVl-1EI~~S, ~urcheser and Sapplil~r enter>sd lnkc~ ~ Mas4er l~urchasd Agrsemehk on or a6aut July 30, ~Oi~ and by this referenc.~ inc~~p®raksd harr~in; and. 1N'H~RS, Article 4.1 and Affachmsnf A of the ester t'urcha5a; agreement provides far a peicing/discount edju~tmer-t after year one of the agreement; and WI•I~REi45, Purchaser arrd Supplier desire kltaf the 1tAaster Purch~sta Agreement shelf be emended in pert ka refleldf fhe prlcingidlscount adjustment; ~(nW, THER1n~QF~E, Purchaser and Supplier enter into khe follovrring: end taetntertt tts ~xtaetdad w~t~att rlcln ~8i~cau~t~. Atk~chmenk A kntha~ >Vtaster 6'urchase Agreement shall be amand~d in refl~af fa reflect the following t~ew warranty dlscc~unt adjustments; SER1fICE uOLplif'7EF2 Et~UiWMGPd7 SAt,E _ ~A 5aties~b. E 5etir~:>>~~, R u@r1H5~1, X SerestlD Inc! CCT EXi'E~lDEO iNAFt6~s~t7Y ~: I'F~~VCPV7IVF NtAiNTENAPdCE SE~t31iQE ~QN7t?ACTS PdRI' l~UFA~fiR PFd(CE ®~8Ca18~'r1aPd flXTE6J0ED UV,ARf2~NY't 8889.0001 $i,145,tltl 9 YR, l=XYlrNA~D WRRRAPITI' seas-pope $a,~tl,oo z vR; F.}CrE~ostawp~RRRetnr eaeaoooa $3.at~.a4 a va. r~rFNOEOwAat~+7r 8888-oa4~ $3,900.0o a YR ~~€~tol=a wart~ut\-Tir 8889.5444 $d,6s4AQ b Y'R. ~7tT~NnEb WARRANTY 1 ~r~ ptr~ v~~a 8889-f99f ~'Z30,00 1 YF~4fi.1 PRN7'11/~MAIF#T~NgPfCN~ 8884-2994 6460.QO 2YEAR,1 RR~IEPfCIVEfli1141P11'ENJiNCE 8989-3961 $890,00, 3 YaAE~, 4 PREUi~fi4TIVE MRIAdTFPlAfdCl= 88$8-4991 392a,at} 4 YEAR.1 Pi2EVEN7lV~ MAIN7EPIAAICI 6869-5691 51.150.60 6 YEAR, 9 PR~PdTlVE fVlAINTEidAPfc~ a986-6981 ~4,380.QD s YEAR, 4 PREVE@dTIVE PAAitdTEPIAP#CE a ~~5 Psi v~~€t 8$68-1992 5450.OO 4 Y~R, 2 PRM7VE N~IP~fi'EEAIAIdCE 6889-2992 S60©.00 ~ YEAR; 2 PREV'Etd'rIVE 6RAINT1aNANCE 8688.3882 59,359,9Q 3 Y6Aft, 2 PRE1(ENT'{V~ A11A(ACfER}AP1CE aaa6-a69~ ~f.eao.on ~ v~~a, 2 >~~~v~~rrly~ Nuu~rer~arac~ 6699-6982 s2;z5o.oa s v~h, 2 r=R~ve~rnv~ Iwv~~Ncr 8989.6888 $2,7o0.OQ 6 YERR, 2 PRi=VEP1TIVE tWAIPITEWANCE T VIA 1' ~' ~~::"~6~iT' Patks ar~d Lib®r for the repair'af the defibriif~kor and paddlf3s ® Shipping, Handling and Insurance fees ~g°/a 17isc~unt arj tFt~ replacem~n4 crf Paddles thak cannot be r~p~ired 50% E~isc~unk off of aurtent lick price afi Sealed Lead P,cid batkeries 25% ®iscounk aff of currenk lisle p~iGe of Li4hium Sur~Pow~r'~9 i~atk~ry Pack © 20°la [viscount off of curren# lisle pried bf Cables Special Prevenkive 11~airttenance Pricing when purchased wikh Extended 1Narranky ,. ,.. ,. ~_:.~ <<.~~ _i i~.-.ii~:ii~.t iV i:...-. :,151 r. _.... _. 1 4,~ ~ I ::I~h;~1it~1•'!!~tii~ ~~ I'dli', ~I)I';a:~r I'A~i NUCR~i~f~ ~ pRtCE r t;~~-i'i~~liib`,'~'~,It,;;4 6778~D123 $d30.DD 8776~Q104 SQ90,00 .I .i"1~". i. .. I-''VI!;li ~r'!!'ltC;1C; ~ bIESCRfP'fI~IV t~;t~,~ 6 MDNTM EXTENDED WARRANTY 1 YR, EXTENDED WARRAtTY 8779-f)105 $t.D7&.OD 2 YR. ~X7'~PIDRD ~Vp,RRaN1Y B776eD1o8 52,73D DD _. 3 YR, EXTENDED WARRANTY 8776-Q107 $3.55D,DD 4 YR. EXTENDED WARRANTY 8778.0121 $4,Z90,OD 5 YR. E1i7ENDED WAf~FZANTY 877&-Dt3& ®776-o1i4 $5,150,DQ 3a3o.oD B YR, EXTENDED WARRANTY { 1 YEAR, 1 FftEVENTNE AAAIN7'1NANGE 6778-019b 54fi0.D0 2 YEAR, 1 PREVENTIVE fVPAINTEfdANGE 877B~D118 $89D.OD 3 YFJiR, 1 PREVENTIVE ftRAiNTENkNCE 8778.0117 b92Q.DD 4 Yf=P,R, 1 PREVENTIVE f4A~41TNTENAPtCE 877$-0199 $1,150.D0 S YEAR, 1 PREVENTIVE MAfNTf=NANCE 8778-D122 $1,3$O.DD ~. 8 YEA(;, 9 PREVENTIVE f1R~gINTENANCE 1'iS1'"~ I'+-tt Y~;tif~ 8778-1222 $45D,D4 1 YEAR, 2 PR~1lC=[+I'[IVE @~lAINTPNANCE ®776-2222 $Sd6.00 ~~- 2 YEAR, 2 PREVENTIVE AAAfNTENANCE 6'176.3222 $1,35D,0D ~__a.. 3 YPAf3, 2 PREVENTVE MAINTEtdANCE 6778-9222 S1,BDO.DO 4 YEAR, 2 PREVENTIVE MAINTENANCE 877@-5222 52,250,DD 5 YEAR, 2 PREIfENT1VE MAtN1'RNANCE a776-s222 52,700.DD a YE/AF2, z F*REVENTIV>` MAINTENAPie T ~,~ ~ ` °,~ SIT a 2, Full Fore ~. ~~feot In each ar~d every Qther respec#, the ter~rr~ ~f the Master ~'urch~srr ~4greem~nt, as. amended, ~n#~red into batw~en #ha. partios on Qr ai~QUt Juty 3i}, 2p9.2 shall remain in full force and ~ff~ct during #h~ term of the agre~mont and fhe ~arti~s hereto her®by ratify said h~~ster Purch~s~ ~gr~emsnt in i#~ ~r<tir~ty, ~~ if fully set Quo h®r~In, along t~e[th the modifiCStans identified heroin. [ WI~~i~~ ~H~~lw~F, tho parties have heret® sign®d this Amend'mant on the day end year fiat abdv~ written. LF,.A~UE (7F C~R~CON CfT1~5: ~aLto n~~~rc~lR cca~~aR~~rlo~: ~ ., C~~e~~icr~~ - CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: ZOLL MEDICAL CORP 269 MILL RD CHELMSFORD, MA 01824 Description 8 Zoll X Series Manual Monitor/Defibrillator & Accessories urcha r r 3/31/2014 Attention: David Jones Billing Attn: Finance 33 E Broadway Ave Address: Meridian, ID 83642 Shipping City of Meridian Fire Dept. Address: 33 E. Broadway Ave, Ste. 210 Meridian, ID 83642 Shipping Method: FOB: Unit ~ Quantity 1.00 truck Destination Pre-Paid ~ Unit Price ~ 282,365.11 Purchase Order Total: Purchasing Manager: Special Instructions 14-0245 Total 282,365.11 $282,365.11 Capital replacement and New Purchase of 8 Cardiac Monitor/Defibrillators per the League of Oregon Cities Master Purchase Agreement, dated July 30, 2012, thru the National Purchasing Partner Contract. PO to be approved at the 4/1/14 Council Meeting. IPA~TICIPAT>Ci~I~ AGENCI' EI~ID~RSEMEIVT AND AIJTHO~ZIZATT43N The undersigned acknowledges, on behalf of ,.(Participating Agency) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Member Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and nationally through NPP. The undersigned further acknowledges that the purchase of goods and services under the provisions of the Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of fine Participating Agency and that rxeither the Lead Contracting Agency nor NPP shall be held liable for any costs ar damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that helshe is an agent of 't--te,r~ and is duly authorized to sign this Participating Agency Endorsement and Authorization. ~~"•( ~~~-~ ~ ti~;~_~ . , ~.~'~ Date: ~~~r~\ I a~\~ BX: _ -~"' ITS -' °1~ d~ ~~~ ~,~`bC~,. Participating AgencyaContact Information: Contact Person: ~°~ ~ - ~,, Address: ~, e~~ ,~' Telephone No.: ~.. ~ ~ ~ ~ t `7 Email: ~' ~ ~ o ~ ~ t ~ °{ • ~' I6~~-i ian iy ncil satin T :April 1, 2014 IT U 6D J T U iTEnn rrrLE: taESOLUT~oN No. Resolution No. :Resolution for Request for Disposal/Trade-in of (6) Cardiac Monitor/Defibrillators with aDisposal /trade-in Value of $43,000.00 CLERKS OFFICE FINAL ACTION DATE: (E-MSTAFF TO I AGENCOY APP"ICANT NOTES INITIALS ~i ian iy unci6 a tin T' :April 1, 2014 IT' NIJ 6 CLERKS oFFicE F~n-aL acr~on- DATE: I E-MSTLAED TO I AGENCOY ( APPLICANT I NOTES I INITIALS MEMORANDUM OF AGREEMENT: INCIDENT TRACKING SYSTEM AND E-CITATION SOFTWARE This MEMORANDUM OF AGREEMENT: INCIDENT TRACKING SYSTEM SOFTWARE ("Agreement") is made this day of March, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("Meridian"), and City of Ucon, a municipal corporation organized under the laws of the State of Idaho, whose address is 3787 E. 112 N, Ucon, Idaho 83401 ("Licensee") (Meridian and Licensee may hereinafter be collectively referred to as "Parties"). WHEREAS, Meridian created the Incident Tracking System ("ITS") and E-Citation with the objective of facilitating communication and information sharing between public law enforcement agencies using software that can be customized to meet the individual needs and administrative operation of each agency while also serving the shared need of all law enforcement agencies to access information gathered by or known to other agencies; WHEREAS, it is the intent of the City of Meridian to make ITS and E-Citation software readily available to government entities, for the limited purpose of use by such government entities, and to prevent exploitation of ITS or commercial gain from ITS by for-profit or other third-party entities; WHEREAS, in order to further these objectives, it is Meridian's desire to provide to Licensee a limited version of ITS and E-Citation software, including compiled binaries and databases, while also prohibiting dissemination to any person or entity with a differing objective, such as commercial or private use or profit; and WHEREAS, Meridian is authorized by Idaho Code section 67-2328 to enter into agreements with other law enforcement agencies for joint or cooperative action; NOW, THEREFORE, subject to the limitations of this Agreement and in order to meet the objectives described above, the Parties hereby agree as follows: I. LICENSE. Meridian grants to Licensee, and Licensee accepts from Meridian, a non- exclusive, revocable, royalty-free, non-sub licensable and non-transferable enterprise site license under Meridian's copyrights for the term of this agreement to install and use the compiled binaries and databases provided ("Software"). A. Title. Subject only to the license granted by this Agreement, Meridian shall retain all right, title and interest, including all patent rights, copyrights and trademarks, in and to the Software and all derivative works. Licensee shall own any data placed in ITS, though Licensee shall not own the software or any derivative works therefrom. This provision shall survive termination of this Agreement. B. Backup copies. Licensee may make copies as necessary for installation in multiple development, testing, training, and production environments and incident to computer MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 1 OF 5 and server backup, including four weeks of daily backup and twelve months of monthly backup for data recovery purposes and backup for post disaster recovery and operations restoration purposes. Licensee must reproduce and include the copyright and trademark notices and any other notices that appear on the original Software on all copies, including installed, backup, and archival copies, and any media therefor. C. Iaestrictions. The following restrictions shall apply to the license granted to Licensee by this agreement, and shall survive termination of this Agreement. Except with notice to and written consent of Meridian: 1. Licensee shall not provide, give, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow persons or entities not a party to this Agreement to use the Software; 2. Licensee shall not, and shall not allow any third party to decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software by any means whatsoever; 3. Licensee shall not remove any product identification, copyright, trademark or other notices; 4. Licensee shall not allow any third party to modify, incorporate into or with other software create a derivative work of any part of the Software; 5. Licensee shall not use the output or other information generated by the Software (including, without limitation, output describing the structure of a software program) for any purpose other than for the exclusive benefit of Licensee and/or other ITS Licensees. II. No waxxarrTY. The Software is provided by Meridian "as-is" and with all faults accepted, with no warranties, express or implied, of any kind. No dealer, agent or employee of Meridian is authorized to make any modifications, extensions or additions to this section. Meridian makes no other representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the software or other materials provided by Meridian. Meridian does not warrant that the software is error-free or that operation of the software will be secure or uninterrupted. Licensee may have other statutory rights; however, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the shortest permissible duration. Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute. This provision shall survive termination of this Agreement. III. TERM. This Agreement shall commence on the Effective Date, and shall continue until deployment of E-Citation statewide, or until terminated as provided herein. MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 2 OF 5 IV. TERMINATION. Meridian may terminate this Agreement for convenience or for cause. Termination shall be effective thirty (30) days following mailing of written notice. Upon termination, Licensee shall immediately cease all use of the Software and return all copies of the Software and all portions thereof and so certify to Meridian. Termination is not an exclusive remedy; all other remedies will be available whether or not this Agreement is terminated. V. )C.IMITATI®N OIi LIABILITY. Notwithstanding anything in this agreement to the contrary, Meridian shall not be liable or obligated, and Licensee shall hold Meridian harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory for the following: A. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); B. Interruption of use or loss or corruption of data; or C. Any matter beyond its reasonable control. This provision shall survive termination of this Agreement. VI. GENERAL PROVISIONS. A. Cumulative remedies. The remedies under this Agreement shall be cumulative and not alternative. The election of one remedy for a breach shall not preclude pursuit of other remedies unless as expressly provided in this Agreement. B. Governing law. This Agreement shall be governed in all respects by the substantive laws of the State of Idaho, United States of America (excluding conflict of laws rules) as applied to agreements entered into and to be performed entirely within the State of Idaho between Idaho residents. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of and venue within the state or federal courts located in the state of Idaho, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. C. Notices. All notices, statements, and reports required or permitted by this Agreement shall be in writing and deemed to have been effectively given and received three (3) business days after the date of mailing by registered or certified U.S. mail, postage prepaid, with return receipt requested. Notices shall be addressed as follows: Licensee: City of Ucon Meridian: City of Meridian Attn: City Clerk Attn: City Attorney 3787 E. 112 N 33 E. Broadway Avenue Ucon, Idaho 83401 Meridian ID 83642 MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 3 OF 5 D. Assignment. Licensee shall not assign or otherwise transfer any of its rights, obligations or licenses hereunder without the prior written consent of Meridian. The provisions of this Agreement shall apply to and bind the successors and permitted assigns of the parties. E. Independent contractor. The relationship created by this Agreement is one of independent contractors, and not partners or joint venturers. Unless otherwise agreed in writing, no employees, consultants, contractors or agents of one party are employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. Neither party will represent to the contrary, either expressly, implicitly or otherwise. F. 'Third party beneficiaries. Licensee acknowledges and agrees that there are no third party beneficiaries of this Agreement. G. Severability. If any covenant set forth in this Agreement is determined by any court to be unenforceable by reason of its extending for too great a period of time or by reason of its being too extensive in any other respect, such covenant shall be interpreted to extend only for the longest period of time and to otherwise have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect. H. I~1o waiver. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. Entire agreement. This Agreement constitutes the complete, final and exclusive statement of the terms of the agreement between Meridian and Licensee and supersedes all prior agreements, understandings, negotiations and discussions of the parties, whether written or verbal. No modification or rescission of this Agreement shall be binding unless executed in writing by both Meridian and Licensee. J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. K. Presumptions/review. In construing the terms of this Agreement, no presumption shall operate in either party's favor as a result of that party's counsel's role in drafting the terms or provisions hereof. Further, it is agreed that Licensee has had a full and fair opportunity to review the terms herein and to consult with legal counsel before signing. Accordingly, because Licensee has had ample review opportunities and because Licensee is and was free to elect not to accept these terms, Licensee acknowledges that this is not a contract of adhesion. MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 4 OF 5 L. Attorney fees. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and attorney fees. M. Authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~`" day of March, 2014. CITY OF UCON: tt / /° David Blain, Mayor ~~. Attest: ti ~ City Clerk CITY OF 1VIERIDIAN: By: Tammy de eerd, Mayor -' 1 A J ~~ ~~ ... ~~ ~ G /,v City caf ~.~~_ E T~11~~ ~ 1 M~ CS ti Q ~ 55~.. aa ~s~~ P MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 5 OF 5 ri ian i unil satin T :April 1, 2014 IT lJ 6 J T ITEM TITLE: DOG LICENSING DESIGNEE AGREEMENT Police Department: Dog Licensing Designee Agreement for Linder Pet Medical Care MEETING NOTES i '' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO I SENT TO I SENT TO I NOTES INITIALS STAFF AGENCY APPLICANT I I ,~~~ DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this ~_ day of ~, 20~ ~(, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as " ITY}" 33 East Broadway Avenue, Meridian, Idaho 83642, and ~~~~ ~'~ ~-- v"~~I`cu t ~~c ,hereinafter referred to as "LICENSING DESIGNEE," whose business address is )~ ~S (mil, ~~~ U cc..,.tP.• A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2014 to December 31, 2014. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT ®PAGE 1 OI' 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OP 6 5. Annual submission to City Clerk: No later than January 15, 2014, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE /~ uant~ty dog license tags with the following serial numbers: ~~~ ~~~ , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's lag. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT ®PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to LI ENSING DESIGNEE as ollows: Licensing Designee N~Aadress O~~~Z Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. 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 maybe granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tei~rrlination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hexeto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT ®PAGF, 4 OF 6 L. Reports and Information: 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. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, 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 Meridian 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 LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT r PAGE 5 OF 6 Q. 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. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: i ature BY: ~~~•~ ~`wcrrn~ Picot Name CITY OF MERIDIAN: BY: TAMMY de WEERD, MAYOR Attest: CITY CLERK DOG LICENSING DESIGNEE AGREEMENT ®PAGE 6 OF 6 ~i i n i crncil in T :April 1, 2014 IT' U 6 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO I SENT TO I NOTES I INITIALS STAFF AGENCY APPLICANT = C ®< ~~ T I V 7~ W ~ ~ C~ ~ ~ 0 ~ 0 ~ ~ ~ ~ C 01 f ~ ~ ~ ~ ~ ~ ~ rt N y ~ ~+, O v y (D C7 ~ ~ ~ n ' ~ ~ ~ ~ ~ U m "y, ~ ~ T O fD ~ ~. . ~ 7 ert ~ N ~ ~ fl. ~ S ~ n. ~ ~ 3 0 ~ rN-F N. N ~ D ~ O O ~ ~ ~ ~ ~ ~ ~ ~ - •D CD rn ( D ~ O ~ ~ ~° ~• "* N ~ ~ _ ~ ~-r (n Ort ~ ~ Z • z ~ 3• ~ a ~ ~ 'D O ~' Q ~ ~ ~ ® ~ ~ ~ ~ ~ ~ ,•r ~ ~ N rD CD m ~ rr ~ ~ O Sll J ~ ~ d~~a ~ Q- ~ ~° ~ ~ Z D °_ ~ 7 ~ ~ rt fR ~ fnD ~ N ~ '~ 0 CD ~' • ~ O. Q. ~ O ~ ~ C ~ ~ ~l C ~ C7 ~. N ~ ~ N ;C CQ ® 7 ~ O ~~,~o ~' ~ ~ ~ ~ o ~ ~ c. ° n ®- ~ o a ~ -ti m ~ . ~~~~ ~~ ~ ~ T~ lV ~ ~~ ~ ~ R ? 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C N ~ I U (D p ff3 Q° rt e v ~ W rn N ~ ~ o ~ a, = m m ~ c ~ ~ n. ~ `~ ~ ~ 3 ~ p0 rt ~ ~ ~ ~ ~ o_ - ~. ~ c~ - D D o. a ~ 3 = n v ~ m m Q ~ ~ ~ a D ~ = a ~ ~ rt ~' ~ ~ ~ - ~ a O ~ ~ o m ~ _ ~ ~ m °- -° c ~ C7 ~ v v ~ ~- ° D ~ O ~ (D N > > (D ~ Q' d. N ~ni- N 3 O N. N O c Q ~ <n' ~, N ~ r ~ ~ m ~, = m v,' a c O N ~ CD ~ N O (D ~ cn Q ~ ~ ~ ~ c ~ o m °~ ~?. ~ r o ='~ ~ m ~' m ~' ~ ~ o 0 o ~ ~ ~ a ~ m -a Q cfl ~ ~ °< m w ~ N_ ~'"~ v 0 v O r rt 0 ~ tQ K ~ ~ G Z . ~ 1 :+ ` ~ m N ~ I ~~ ~ m - ~V'1 Efl ~ -~ w ~ w \)~ k v ~~ O t ~'~ > ~a '~v ~ INS ~~~ o~ ;, ~ 9~ ,~ ~ a o ~ G ~~~C~. ®~ C y Y x \afr w~ C7 O n , C KJ n D s 'o O N O --I r X ~ Z ~. N 0 Ji ~.i N 0 W ,p, N 0 N .p N 0 ~ .P j N O ~ -~ N H ~ -~ N O ~ y ~ p ~p p " rt y .. (~CDl O C1 O fD 3 ,-a Z r 3 o m ~ O ~ ~ ® ~ ~ C7 D w m ~ o ~ ~ ?: gy ~ m ~ ~ (OD ~ l D ~_ ~ , N ~ O ~ O ~ ~ ~ ~ ~ N ~ O ~ ~ ~ ~ rn 3~ ~ ~ x m ~ ~ ~ 0 N y O ~ ~r ~ C 9 O O ~I ~ CJ1 ® ~ ~ W J ~ ~ W J v ~ O ~ Q ( N ~ = Z O ~ m -G z D ~ ~ m0 cn ~ ~ z D c7 'i Z r .Zm7 r ~, ~ ~ s _n c~ ~, o 7 ~` t O ~ O _~ m m y N I~ I z~ ~ ~~ O ~ m 0 0 0 ^ ~ ^ C ~ 0 ry` ® p ~ d c n ll! ~ ~ . ~ '~ p C * (v ~ ~ ~ ~ ~ ~ ~~ ~ a ~ ~ ~ ~ ~ w v c, C ~ ~ m ~ ~ E ~ '~ n Z r m v m Z ~ D N ~ r~ O z r" ~ FC ^ I\ Z W t7 q® 1` ! ~ 1T1 ~ Dm ~v Z D ® Z rn Z ® ~ .8 m :~ z <~ G 0 n C7 m ® -~ fD ~ O ~ ~ ~ rt ~ N O ~ ~ O 'p c~~ n O 2126 64350 Computer and Peripherals 1,750 2126 ' 56101 Desk Telephone ~ 360 ~~~~ 56200 Cell Phone 500 ~ 200 2126 54130 Desk and €ile cabinet and chair ~ 1,600 1850 69400 City Summer Picnic 10 2110 69400 Christmas Party 15 2110 84100 Team wilding 8 2110 57200 Training 4,000 2110 52300 Ballistic Vests 680 2110 52300 Basic Academy Sweat Suit 3 68 2110 52300 Uniform Issue 750 2126 64010 Gun 46..0 2126 54010 Issue Duty Ammo ~ Qualification 200 2126. 52300 Duty Belt Assorted Gear 650 ', 2120 54010. Taxer and Holster 50 S 1,0(}0 2110 52013 Coffee 50 2110 55410 Psychological Testing 250 2126 52201 1~uel 1,500 2126 53105 Vehicle Repair 500 2126 531.06- Vehicle 1~9aintenance 500 212E 55410 Medical Screening 100 TC-TAL. QPERATING EXPENSES 7;333 ?,868 ri i n iy until tin FP 14-01 1 Paramount Subdivision No. 25 by Brighton Investments, LLC Located West of N. Meridian Road and South of Producer Drive, North of W. McMillan Road Request: Final Plat Approval Consisting of Fifty (50) Single Family Residential Building Lots and One (1) Common Lot on 9.17 Acres of Land in an R-8 Zoning District MEETING NOTES ~_ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ~4CTION DATE; I E-MSTLAED TO I AGENCYO I APPLICANT I NOTES INITIALS ~i ian ity until a tin Findings of Fact, Conclusions of Law for Approval: AZ 13-015 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres) Zoning Districts DATE: I E-MSTAFF TO AGENCYO I APPLICANT ( NOTES I INITIALS ri ian ®ty rrcil t®n T :April 1, 2014 I 6J J T a 13-030 DATE: I E-MSTAFD TO AGENCYO APPLICANT I NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER j ~~ In the Matter of the Request for Annexation and Zoning of 45.34 Acres of Land with C-G (35.82 Acres), R-40 (3.94 Acres), and TN-C (5.58 Acres) Zoning Districts; and Preliminary Plat Consisting of 49 Building Lots and 3 Common/Other Lots on 41.03 Acres of Land, Located at the Southeast Corner of W. Franl~lin Road and S. Ten Mile Road, by SCS Brighton, LLC. Case No(s). AZ-13-015; PP-13-030 For the City Council Hearing Date of: March 18, 2014 (Findings on April 1, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 18, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of March 18, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of March 18, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, maybe considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting amrexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ-13-015; PP-13-030 -2- agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 18, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -3- By action of the City Council at its regular meeting held on the 1 ~ day of ~r~ ~ , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED ~~~ 2 COUNCIL VICE PRESIDENT KEITH BIlZD VOTED Ia~ COUNCIL MEMBER DAVID ZAREMBA VOTED~C', COUNCIL, MEMBER JOE BORTON VOTED ~bs~-+, ~ COUNCIL, MEMBER LUKE CAVENER VOTED ~y e. COUNCIL MEMBER GENESIS MIL,AM VOTED ~ C_ MAYOR TAMMY de WEERD VOTED '~ (TIE BREAKER) ~__.. ~~ Mayor Tammy de Weerd ~~ Copy served upon Applicant, The .044 #~ cG ion, Public Works Department and City Attorney. ti~G sl? •.'~ ~ c,ry at' w -It~l d: t ~ ~ ~(~ City Cle c's O ice `~ ~~ ~a Fy [} ~ J, ~i A.Y... Y ~4 ~~ ~~ti G(~he T'R L,1S~n~F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -4- EXHIBIT A STAFF REPORT TO: FROM: SUBJECT: Hearing Date: March 18, 2014 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 AZ-13-015; PP-13-030 - TM Ct•eelc ~- .\ ; I. SUMMARY DESCRIl'TION OF APPLICANT'S REQUEST The applicant, SCS Brighton, LLC, has applied for annexation and zoning (AZ) of 45.34 acres of land with C-G (35.82 acres), R-40 (3.94 acres), and TN-C (5.58 acres) zoning districts. A preliminary plat (PP) is also proposed consisting of 49 building lots and 3 common/other lots on 41.03 acres of land. See Sectio» IX of the staff report for i~7ore inforrnation. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning ~& Zoning Commission heard these items on November 7 and 21, and December 5, 2013; and January 16, and February 6, 2014. At the public heating, the Commission moved to recommend apuroval of the subiect AZ and PP requests. a. Summai•y of Commission Public Hearing: i. In favor: Mike Wardle; David Turnbull ii. In ouposition: None iii. Commenting: None iv. Written testimony: Milce Wardle v. Staff uresenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Buildings should be more oriented around the creek to tie in with the pathway and creels amenities to create more of a uedestrian environment throughout the site; ii. Leaving all of the Ten Mile Creek open as required by the UDC vs. tiling a portion of it as requested by the apulicant; iii. Providing a pedestrian bridge across the creek for pedestrian connectivity; iv. Requirement for the structure shown on the concept plan at the northeast corner of Ten Mile Road and Ten Mile Creels Drive to "hold the corner"; c. Key Commission Change(s) to Staff Recommendation: i. Strike condition #l.l.lk which requires the structure at the northeast corner of S. Ten Mile Road & Ten Mile Creek Drive to be shifted to the corner; ii. Modify condition #l.l.lr to include office uses north of the creek and to include the language "where feasible" in reference to buildings being designed with multiple sidewalk entries; iii. Clarify condition #1.1.3e to only require grass within the 10-foot wide area urouosed for future expansion along the north side of Ten Mile Creek Drive; iv. Modify condition #1.1.7 to remove the reference to a specific agency from which an easement is required for the pathway along the creek. v. Add a condition requiring sidewalks to be provided internally along all major drive aisles for uedestrian connectivity (see condition #l.l.ls). TM Creek AZ-13-O15; PP-13-030 PAGE 1 EXHIBIT A d. Outstanding Issue(s) for City Council: i. A waiver to UDC 11-3A-3 is reauested for annroval of the proposed accesses to the arterial and collector streets as shown on the preliminary plat & site plan. ii. The Ten Mile Creels is a natural waterway that bisects this site. As such, it is required to remain open as a natural amenity and is not allowed to be piped or otherwise covered per UDC 11-3A-6A.1. The applicant requests approval to pipe approximately 380 feet of the Ten Mile Creels nearest to Frankin Road as shown on the landscape plan. iii. Clarify the Commission's recommendation that "the maior drive aisles all have sidewalks as well for pedestrian connectivity" -should sidewalks be required on one side or both sides of the drive aisles? (see condition #l.l.ls). The Meridian City Council heard these items on March 18.2014. At the nublic hearing, the Council annroved the subiect AZ and PP repuest a. umma~•v of City Council Public Hearin: i. In favor: David Turnbull ii. In opposition: None iii. Commenting: None Written testimony: None taff nresentin~ annlication: Sonya Watters ~_ Other staff commenting on annlication: David Miles ~_ ev Issues of Discussion by Council: i. The i•eauest to the a nortion of the Ten Mile Creek; z The interior nedestrian circulation nlan: iii. The nronosed access noints to the arterial and collector streets; and ~ The provision of a nedestrian bride across the Ten Mile Creek to enhance the creels amenity if allowed by NMID. c. Key Council Changes to Staff/Commission Recommendation i. he Council annroved a waiver to UDC 11-3A-3 for annroval of the accesses to the rterial and collector streets shown on the preliminary plat and site plan; ii. The Council annroved the applicant's reauest to nine anproximately 380 feet of the Ten ile Creek nearest to Franklin Road continent upon annroval by the Army Corns of n~ineers and Nampa Meridian Irrigation District (see condition #l.l.l.f) iii. The Council clarified that sidewalks are only reauired on one side of the maior drive aisles throughout the site per the nedestrian plan in Exhibit A 7 (see condition #l.l.lsl• .a_n_~ iv. The Council added a repuirement for a nedestrian bride to be provided over the Ten Mile Creek as part of the creek amenity if annroval can be obtained fi•om Namna Meridian Irrigation District. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13- O15 & PP-13-030, as presented in the staff report for the hearing date of March 18, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-015 & PP-13-030, as presented during the hearing on March 18, 2014, for the following reasons: (You should state specific reasons for denial) TM Creek AZ-13-015; PP-13-030 PAGE 2 EXHIBIT A Continuance I move to continue File Numbers AZ-13-015 & PP-13-030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the NW 1/4 of Section 14, Township 3 North, Range 1 West. (Parcel #'s: 51214223250; 51214212560; 51214212800) B. Owner(s): SCS Brighton, LLC 12601 W. Explorer #200 Boise, Idaho 83713 C. Applicant: Same as owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer #200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 21, and November 4, 2013 (Commission); February 24, and March 10, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: October 10, 2013 (Commission); February 20, 2014 (City Council) D. Applicant posted notice on site(s) on: January 17, 2014 (Commission); March 6, 2014 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Franklin Road, agriculttual property, zoned RUT and rural residential property, zoned R1 in Ada County; and rural residential property, zoned I-L 2. East: Agricultural property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: S. Ten Mile Road and agricultural property, zoned RUT in Ada County (a church is kitty corner to this site, zoned C-N) TM Creek AZ-13-015; PP-13-030 PAGE 3 EXHIBIT A C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road and W. Franklin Road. b. Location of water: Water main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road and W. Franklin Road. c. Re-use pressurized irrigation water: Re-use irrigation water service is currently stubbed into the subject property along W. Franklin Road. d. Issues or concerns: None E. Physical Features: Canals/Ditches hrigation: The Ten Mile Creek bisects this site; the Kennedy Lateral runs along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: Portions of this project are located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically shong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of firtm•e businesses and residents (pg. ix). LAND USE: The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property with the following land use types: Mixed Use Commercial (MU-C) (32+/- acres), Lifestyle Center (LC) (6.36+/- acres), and High Density Residential (HDR) (3.12 +/- acres). MU-C: The majority of the site is designated MU-C. MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exlubit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (~ acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See pg. 3-9 fof° T~~ore inforf~~ation.) LC: A small portion of the site along the southwest boundary is designated LC. The LC designation is a specific form of Mixed Use Commercial. LC designated areas encourage a diversity of compatible land uses in a unified development that includes a mix of retail, professional services, offices, entertainment uses, civic services, housing and public outdoor spaces. The design and arrangement of buildings should be oriented to pedestrians. Streetscape improvements should be TM Creek AZ-13-015; PP-13-030 PAGE 4 EXHIBIT A provided that create rich and enjoyable public spaces. The target overall average density for residential uses is 16 d.u./acre, with higher densities of up to 40 d.u./acre allowed. All residential uses should be above the first floor. Structured parking or heavily landscaped and screened surface parking is a necessity. On-street parallel, angled head-in parking and the integration of public transit into the lifestyle center should be considered as options. Community gathering places should be provided to create a sense of place. (See pg. 3-9 for razor°e inforrzzation.) HDR: A small pot•tion of the site along the east boundary is designated HDR. HDR designated areas are multiple-family housing areas where relatively larger and taller aparhnent buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross aci°e. Most developments within the HDR areas should fall within or below this range, although smaller areas of higher or lower density may be inchided. HDR areas are relatively compact and are located close to larger MU-C and employment areas and other intensively developed lands. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. (See pg. 3-7for• more ir~fornzation.) A conceptual development plan showing how the site is proposed to develop was submitted with this application and is included in Exhibit A.4. A mixed use development is proposed consisting of office and retail, fi•om service and restaurant pad sites to mid-sized commercial, and high-density residential uses. A large central common area is proposed adjacent to the Ten Mile Creek that will provide a public pedestrian facility as an amenity along the creek. The TMISAP contains a Zoning District Compatibility Matrix which lists the best, possible, and marginal choices for zoning of the different land use categories based on the zoning districts that comes the closest to meeting the intent of the land uses in the plan (pgs. 2-3 thru 2-7). The applicant proposes to rezone all of the LC designated area and the majority of the MU-C designated area with the C-G zoning district which is listed in the matrix as a possible choice for those areas. The portion of the site that is designated MU-C and HDR is proposed to be rezoned to the TN-C district which is not listed as a choice in the HDR area but is listed as the best possible choice in the MU-C area. The applicant proposes to rezone the HDR designated portion at the southeast corner of the site with the R-40 zoning district, which is listed as the best choice for that area. Overall, based on the proposed uses and the matrix, staff finds the proposed zoning choices are consistent with the TMISAP and are the best choices for this area (pg. 2-5). TRANSPORTATION: The Transportation System Map and the Street Section Map contained in the TMISAP identifies a collector street network for the Ten Mile planning area, a portion of which is designated for this site. Guidelines from the Plan (S. Ten Mile Road): South Ten Mile Road runs along the west boundary of the site. Street Section A (see detail below), which represents a modified 4-lane parkway, represents S. Ten Mile Road. This parkway is anticipated to enhance the look and feel of Terz Mile Road and to provide additional bz~er•s to adjacent proper°ties. The par•Iovay is designed to prrovide r°apid and relatively zrr~irnpeded tr•a• ff c nzovemer7t throzrghout the area arzd car•r~~ high volurzzes of tr•a~c to nzix:ed zrse and enzployrnent centers. The parkway serves as crn arterial road arzd access is r•estr°icted to collector streets. Bzrildirzgs shozrld address the street bzrt shozrld be set back Bonze distcrrtce fr•orn the roadway edge to provide wide tr°ee lawn and detached trail to provide seczn^ity to the pedeslr°iarrs arzd bikes. A tree lawn or planting stl°ips shozrld be pr°ovided i>7 all areas. Streetlights shozrld be located ii? the tree/Zcnvn area arzd shozrld be of a pedestr°iarr scale tivhile street lights in the nzedicrrr shozrld be designed to meet vehiczrlar needs. TM Creek AZ-13-015; PP-13-030 PAGE 5 EXHIBIT A ,~ - ,r ;' ,, ,~ r` ~~, ~, ,, ~ ~ _.3 ~' _ - - - S t t e 6 t S~ C t 1 4 n A , -, . .. , ~ (Actual ro®d:9@Ilon under dastgn 6y ITDj Applicant's Proposal: The applicant proposes a 35-foot wide landscaped street buffer along Ten Mile Road in accord with the Plan (see detail below). An attached sidewalk is depicted on the concept plan which does not comply with UDC or TMISAP standards. There is a temporary attached asphalt pathway that currently exists along Ten Mile Road. Two (2) right-inh•ight-out driveway accesses are proposed via Ten Mile Road. ~-- 35' --L~• BUILDING ENY£LOPE LANDSCAPE BUFFER BOUNDARY ~1 Landscape Buffer: Ten Mile Road ~ Scale. t'= so'-o' Staff s Recommendation: The temporary pathway should be removed and a new 10-foot wide detached pathway should be constructed within the buffer area some distance from the roadway. Buildings should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway. Street lights at a pedestrian-scale should be installed within the street buffer in accord with the Plan. The two driveway accesses via Ten Mile Road are riot supported by the Plan and require a City Council waiver to UDC 11-3A-3 for approval of the accesses. ACRD hcrs approved these accesses (see letter in Exhibit A.6). Guidelines from the Plan (East/West Collector): An east/west residential collector street is depicted on the Map along the southern boundary of this site to be constructed in accord with the design shown in "Street Section D" of the Plan which represents a residential collector street (see detail below). TM Creek AZ-13-015; PP-13-030 PAGE 6 EXHIBIT A Street ~eclian p Applicant's Proposal: f1. I ti Sf r~ i I I t r ~ `. 5.`- ' ~i ~" r ., 1 r "` `1 ~ ~ t ~ i"s_°~j y,_ ~ Tr~c1L~ ; ~ Trs;I1 ~ir_ ~ •:-~~ ~ E f_I~n~ tlc~ ~.. tau ft;IM ,~ - _ .~ Chi tucur6d;orrt~ .~,~_, The proposed plat depicts a collector stY•eet (Ten Mile Creels Drive) along the southern boundary of the site as anticipated on the Map. However, because residential uses are not proposed along the north side of the street, the applicant is not proposing to construct a residential collector street as called for on the Map. The proposed street section consists of a 3-lane collector street with amedian/turn lane, bike lanes, 8-foot wide planters and 5-foot wide detached sidewalks within 78 feet of ROW. An extra 10 feet on each side is proposed to be preserved for fiihire roadway expansion (see detail below). ,'I S~ - _..__ _, 08.00' PRESERVED FOR FUTURE ROADWAY EXPANSION 10.00' PL 78.00' ROW PL 10 00' PRESERVED PRESERVEO FOR FUTURE ~ PORFUTURE 1.50` 5.00' 8.00' 5.06' 11.00' 13.00" 11.00' 5.00' 8.60' 5.00' 1.50' -~ ~ SIDEWALK PLANTER 200' BIKE LANE TURN LANE LANE BIKE 200' PLANTER SIDEWALK _L_ TEN MILE CREEK DR 3 LANE COLLECTOR W! MEDIAN Staff's Recommendation: Based on the site layout and uses proposed by the applicant, Staff agrees a ~°esidential street collector is not appropriate for this area. The proposed street section appears to closely align with Street Section C in the Plan with the addition of a turn lane (see detail below). . Sb°eet Section C represents the major collector streets. These streets provide access, fr'onr adjacelrt arterial sheets into the errrployment areas. Buildings on these streets are set backfrorrr the street at some distance generally behind a detached sidewalk. A tree lalwn should be provided in all areas. Streetlights should be located in the tree latit~rr area and should be of a pedestrian scale. A 5 foot wide dry-utilities corridor should be provided along both sides of the sheet curb. The corridor Wray not be required if all dry utilities are located in an alley or other street. TM Creek AZ-13-015; PP-13-030 PAGE 7 EXHIBIT A s i ~. ~.~ . , .-• - ., E ~~ , . -, ~~, ~~~~ -~' I i t „r ,. i L ~ ~ , ;. __ - - -__ ~ ~ ~ ~ ; ~ ___._~ _---- - --, ~ ,-~--~L ~~ .-T. ~ rr _._~ _~ __.~_.. _..~-- c ~- t,. ;. , t,~,. ~ti r~~~ ".. p~tl#rt ~ `~' ~n`tl6imtidi••nrr Staff supports the applicant's proposed street section with the recoimnendation that streetlights of a pedestrian scale are provided within the tree lawn area. The area preserved for future ROW will allow for future expansion if warranted by ACRD and should be planted with grass in the interim. Guidelines from the Plan (North/South Collector): A north/south minor collector street is depicted on the Map through this site to be constructed in accord with the design shown in "Street Section E" of the Plan, which represents a minor collector street (see detail below). Minor collector streets ire the Ten Mile area serve as the primary retail st~•eets; their character is pedestrian-oriented and defrned by street-level stor•efi•or7ts. Barildir~gs on these streets of°e bZrilt to the sidewalk inith 12 foot wide sidewalks, stl•eet trees in wells, ar~d pedestf•iarr scale lighting. Ample or~- str•eetdiagonal pcn•kir7g supports the businesses tivithin the LC and MU-C areas. This section rraay be rrrodified to allow parallel parking as a local section in these areas. The Plan reconaruer~ds a S foot dJy utilities corridor be provided along both sides of the street cZrr°b; the corridor rrray riot be required if all dry utilities are located irr arr alley or other st~•eet. Both wet utilities may be located ire t1~e street. Streetlights should be placed in the dty Ztilities corn°idor on either side of the street. r - ~ (J ~~ t =~ .~; 1. i. ~ , ~ it I tt ~ a~ 1 n i ~~ -_ _ _ f i Cog ;~ ,_Nt t li-~;l h;dl~n Ei!. -x~l ,n" .___ i Pa dny L.ai ~ l+n fan ~ t ~ (uitrtn ~wGdrf~i:v .__v. _~ ._ _ _ ___.~.. ~ Applicant's Proposal: The proposed plat depicts anorth/south collector street (Franldin Crossing Ave.) through the site as anticipated on the Map. Three different street sections are proposed consisting of the portion north of the creek, the bridge, and the portion south of the creek (see details below). The street sections for the portions north and south of the creek depict a proposed street layout as well as a firtnre layout within the same ROW width for expansion if traffic warrants such in the future. TM Creek AZ-13-015; PP-13-030 PAGE 8 EXHIBIT A 8.00' 7.00' 14.00' PARKING BIKE LANE 7.00' 5.00' I 11~ 13.00' SIDEWALK . 2.00 BIKE LANE LANE - 1 FUTURE T FUTURE T FUTURE ~ ~ REh1AiNING SIDEWALK CONSTRUCTED mnna m m n~eir_ 86.00' ROW 14.00' 7.00' 8.Q0' f LANE BIKE PARKING x.80' FAEDIAN! 13.00' 11.00' 5.00' 7.00' TURN LANE LANE LANE BIKE .QO' SIDEWALK I~ 1 FUTURE - ~ -: _- FUTURE _.... _ _ FUTURE 0.50' - FRANKLIN CROSSING AVE NORTH OF CREEK REh1A1NING SIDEWALK CONSTRUCTED ~ uirru n~ m ni~~r_ PL 'L f 00.Ofl' ROW F f 7.00' 6.50' 12.00' 10.00' 13.00' 10.00' 1200' 6.50' ].W' 8.00' SIDEWALK BIKE LANE ~ LANE TURN LANE LMIE LANE 81KE SIDEWALH 8.00' FRANKLIN CROSSING AVE BRIDGE SECTION 08.00' ROW 8.C0' ].QO' 14.00' PARKING, BIKE LANE f 0.00' 6.IXY 8.00' 5.00' 11.00' 13.00' MEDIAN/ PLANTER SEWALK. 200 BIKE LANE LANE TURN LANE ~ y ' I FURIRE FUTURE FUTURE ___ - -- _ 14.00' ].00' 8.00' LANE BIKE ..{ F- PARKING 13.00' I ~ 1~ 5.00' B.00' S.Of1 LANE LANE BIKE 51 .CO' P FUTURE FU111RE FUTURE ~ FRANKLIN CROSSING AVE SOUTH OF CREEK North of the creek: The proposed plat depicts 86-feet of ROW consisting of a median/turn lane with two (2) travel lanes, bike lanes, parallel parking, curb and gutter, 7-foot wide attached sidewalks and an additiona12.5-foot wide section of sidewalk outside of the ROW. The ultimate width of the sidewalk is proposed to be 9.5 feet. Trees will be installed in wells within the sidewalk area. The street section also depicts a firture plan for reconfiguration if needed within the same ROW width that adds two (2) tl•avel lanes in place of the parallel parking. Bridge section: The proposed plat depicts 100-feet of ROW consisting of a center turn lane, four (4) travel lanes, bike lanes, and attached 7-foot wide sidewalks with an additional 8-foot to the property line. TM Creek AZ-13-015; PP-13-030 PAGE 9 EXHIBIT A South of the creek: The proposed plat depicts 98-feet of ROW consisting of a median/tLU•n lane, two (2) travel lanes, bike lanes, parallel parking, curb and gutter, 8-foot wide planters and 5-foot wide detached sidewalks. The stl•eet section also depicts a future plan for reconfiguration if needed within the same ROW width that adds two (2) travel lanes in place of the parallel parking. Staff s Recommendation: The proposed and firture street sections appear to closely align with Street Section E in the Plan (see detail below). Street Section E represents a rrrirror collector street irr the Ten Mile ar°ea which serves crs the pr'inrar~~ retail streets; their chca'acter is pedestrian-or°ierated and deferred by street-level stor•efr°orrts. Brrildirrgs on these streets are built to the sideti-walk with 12 foot ti-vide sidewalks, street trees irr lveils, acrd pedestrian scale lighting. Arrrple orr-sts'eetparking srpports the businesses within the LC and MU-C cn'eas. The Plarr r°econrrrrerr~ds a 5 foot dr}~ utilities corridor be provided along both sides of the street curb; the core°idor Wray rrot be required if all dr~~ utilities are located in an alley or other street. Both wet utilities rrray be located in the str°eet. Str°eetlights shorrdd be placed irr the dry utilities corridor orr either side of the street. Staff is of the opinion the proposed and firtm•e street sections are generally consistent with the Plan with the exception that the sidewalk north of the creek should be widened from 9.5 feet to 12 feet to accommodate more pedestrian traffic in accord with the Plan. Therefore, staff recommends the proposed north/south collector street is constructed in accord with the street sections proposed by the applicant. At such time as h•affic warrants and is deemed necessary by ACRD, the roadway may be reconfigured to a 4-lane roadway with no on-street parking as proposed. Because initially Franklin Crossing will be configured as a two lane roadway, the bridge section should be configured accordingly and may be restriped in the firture if warranted by ACRD to accommodate more lanes of traffic. Sireel Section E ., ~~ ! ~_ C,g>'31_ i P Flrg ~ _ _~ G ( il` ~ 71 ~. G ~ h' !'t --- - Bd ~ Tr }l, f}~~i;lx tit: ~h ,~~. _ -_ l,n- L'm=- Fair ~ 6 Cu~~-w-w~:~ drat., r,r~ DESIGN: The location, scale, form, height, and design quality of public and private buildings and spaces are integral to the development of the Ten Mile area. The design elements included in Chapter 3 of the TMISAP are intended to serve as the basic framework for projects within this area. The matrix on page 3-49 lists the following design elements (& associated page numbers) as applicable to MUC, LC, and HDR designated areas: architechue & heritage (3-32); commercial & mixed use buildings and residential buildings (Street-Oriented Design 3-33); buildings to scale (3- 34); neighborhood design (3-36); building form and character (3-37); building details (3-41); signs (3- 46); and public art (3-47). TM Creek AZ-13-015; PP-13-030 PAGE 10 EXHIBIT A The following are some important design elements noted in the Plan that should be considered with development of this site: ® Buildings at or close to the property line facing the street -main entrances/facades should be oriented to the street; ® Buildings should relate effectively to the fronting streets by aligning and being as continuous as possible; ® Buildings at street corners should "hold the corners"; ® The space between a building fagade and the adjacent sidewalk should be landscaped with a combination of lawn, groundcover, shrubs, and trees; ® Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; ® Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection; ® Provide elements that become focal points and announce special places in the Ten Mile area (gateway & entryway corridoj'signs, continuous walkways, attractive streetscape design, avoid parking in front of buildings, landscaping, etc.); ® Architectural character shoLild establish a clear sense of identity for each activity center through an overall palette for each commercial center while maintaining a degree of individuality for each building. The palette should address and coordinate key elements such as materials (walls, roofs, key architectural elements), and colors, etc.; ® Low-rise buildings of 2-4 stories over much of the area is recommended with opportunities for taller buildings in a few locations; ® For streets & block fi•onts where commercial uses and pedestrian activity are most desired, it is recommended that sidewalks be lined with shops, restaurants, and galleries and that buildings be designed with multiple sidewallc entries, generously-scaled display and transom windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading; ® Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting; and ® Public art that conhibLrtes to the character and identity of the City should be incorporated into the development in the design of streetscapes, plazas, public spaces associated with buildings, etc. Art should be easily visible to the public (e.g. on the exterior of buildings rather than in lobbies, or visible from the street or publicly accessible open spaces rather than interior courtyards). Staff recommendation: Staff finds development of this site is generally consistent with the above guidelines for the following reasons: the concept plan depicts buildings located at or close to the property lines facing most of the streets; buildings are generally in aligmnent; the concept elevations depict two story buildings within the TN-C and R-40 districts; outdoor seating along the walkways in the TN-C district; transom windows and awnings; and signs contributing to the feel of the pedestrian oriented portion of the development. As the Plan calls for buildings to "hold the corners", staff recommends the building shown on the concept plan at the northeast corner of S. Ten Mile Road and Ten Mile Creek Drive be shifted to the corner in accord with this guideline and consistent with structlues on other corners of the site. TM Creek AZ-13-015; PP-13-030 PAGE 11 EXHIBIT A GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): ® "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.O1E) The applicant proposes to inclarde a high density residential conaporterat with this developrraerrt ~-Which shoarld add to the variety of residential categories and coratribarte to the range of hoarsirag oppor°tanaities available within the City ® "hnplement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations." (6.02.O1A) Several segments of the Cit}~'s rnarlti-arse pathtiway systerrr are designated ora this property along Ten Mile Road, alor7g the portion of Fi°araklin Road rrecn• the FrankliralTera Mile intersection aaad along the Tera Mile Creek. These pathtivays tivill provide pedestrian arad bicycle comaectivity to and thr°ough this development. ® "Provide housing options close to employment and shopping centers." (3.07.02D) Tlae portion of the site proposed for naadti family development will be in close pr•oxinrity to the portion of the site proposed for corramercial arad enaployrrrent arses. e "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot 1-vide landscaped stt°eet barffer is proposed along S. Ten Mile Road, ara efatf"yway corridor, as required by UDC Table 11-2B-3. ® "Improve and protect creeks throughout commercial, industrial, and residential areas." (S.O1.OlE) The Ten Mile Creek r°uras diagonally through this site from the raorthl>>est corner to the east boarradary. Approximately 3/ of the Ierrgth of the creek is proposed to be improved as a water amenity tivith a recreatio>7crl pathway. ® "Plan for a variety of commercial and retail opportunities within the Area of City linpact." (3.OS.O1J) The proposed developrrrer~t will provide a vcn°iety of commercial, retail opportunities that don't carrrently exist ira this area of the City. ® "Incorporate creek corridors as an amenity in development design." (5.09.O1F) The proposed developrrrerat iracorpoa~ates the Tern Mile Creelz as an arner~ity to the developnaerat with landscaping and a recr°eatioraal pathway. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F) This property is coratigaroars to land that has ah~eady beer? amaexed into the City. Urban services ccrra be provided to this property arpora development. VIII. UNIFIED DEVELOPMENT CODE (ITDC) A. Purpose Statement of Zones: 1. The purpose of the commercial districts is to provide for the retail and service needs of the TM Creek AZ-13-015; PP-13-030 PAGE 12 EXHIBIT A community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). The largest scale and broadest mix of retail, office, service, and light industrial uses are allowed in the C-G district and are located in close proximity and/or with access to interstate or arterial intersections. 2. The propose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the enviromnental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one or two mile radius. The TN-C district is pedestrian oriented and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN-C dish•ict uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. 3. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The high-density residential (R-40) district allows a maximmn gross density of 40 dwelling units per acre (UDC 11-2A-1). B. Schedule of Use: UDC Tables 11-2A-2, 11-2B-2, and 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40, C-G, and TN-C zoning districts respectively. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-8, 11-2B-3, and 11-2D-5 for the R-40, C-G, and TN-C zoning districts respectively. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping within parking lots is required to comply with UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses and UDC Table 11-3G6 for multi-family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ) The applicant requests approval to annex & zone 45.34 acres of land with C-G (35.82 acres), R- 40 (3.94 acres), and TN-C (5.58 acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designations of MU-C, HDR, and LC. The applicant proposes to develop a mixed use project on this site consisting of office and retail, from service and restaurant pad sites to mid-sized commercial, and multi-family residential uses. A conceptual development plan was submitted for this site that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements, and the pathway along the Ten TM Creek AZ-13-015; PP-13-030 PAGE 13 EXHIBIT A Mile creek (see Exhibit A.4). Multi-family residential uses are proposed within the R-40 district at the southeast corner of the site. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. B. Preliminary Plat (PP) The proposed preliminary plat consists of 49 building lots and 3 common/other lots on 41.03 acres of land. The applicant anticipates the development will be phased; however, a phasing plan was not submitted with this application. With the first phase of development, staff recommends a phasing plan be submitted. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards of the C-G, TN-C, and R-40 districts and found the plat to comply with the applicable standards. Buildings should be setback from the property lines in accord with the minhnum standards and shall comply with the minimum number of stories and/or maximum building height as required in the applicable district. Access: The UDC (11-3A-3) limits access to arterial and collector streets to improve safety by combining and/or limiting access points to such streets to ensure that motorists can safely enter all streets. Prior to any new, expanded, or extended use or development of the property, where access is not available to a local street, cross-access/ingress-egress easements are required to be granted to adjoining properties. These standards apply unless waived by City Council. Access to this site is proposed on the plat as follows: (1) right-inhight-out, (1) right-in/right- out/left-in, and (1) full access via W. Franklin Road; and (2) right-inh•ight-out accesses & (1) fiill- access via S. Ten Mile Road. The concept plan depicts an approved traffic signal for the firll- access (Franklin Crossing Ave.) on Franklin Road; the signal will be installed when warranted in the firture. During the recent widening of Franklin and Ten Mile Roads, all of these access points/curb cuts were constructed. Additionally, deceleration lanes were consh•ucted for the two accesses closest to the Franklin/Ten Mile intersection on Ten Mile Road; and a deceleration lane and left-in access was constructed for the access closest to the collector street on Franklin Road. Based on the Tei7 Mile At•ea Access Study prepared by HDR Efagit~eerii~g on beha f of the BJ°ighton Co~por°atio~r, ACHD has crppr°oved these access points as stated in tl7e letter attached i~~ E.~:hibitA.6. The UDC restricts access points to arterial streets but allows for a Council waiver in certain circumstances. A waiver from City Council is required to UDC 11-3A-3 for City approval of the proposed accesses. Two collector sheets are depicted on the ACHD Master Street Map to be constructed across this property -one north/south connection via W. Franklin Road and one east/west connection via S. Ten Mile Road. The proposed plat depicts collector streets (Franklin Crossing Ave. & Ten Mile Creels Dr.) in the areas depicted on the map. Ten Mile Creels Drive (at the southwest corner of the site) comes into the site approximately 400 feet and terminates in a cul-de-sac. Because the property boundary is irregular in this area, the street will not be extended until such time as the property to the south develops. Franklin Crossing Avenue also terminates in a cul-de-sac at the south boundary of the site and will evenhlally connect to Ten Mile Creek Drive when it is extended in the firture. TM Creek AZ-13-O15; PP-13-030 PAGE 14 EXHIBIT A In addition to the above mentioned access points from the adjacent arterial streets, access via the internal collector streets is proposed as follows: 6 access points (3 on each side) are depicted on the site plan via Franklin Crossing Avenue [2 are full accesses; 1 (the one closest to Franklin Road) is a right-in/right-out]; and 2 frill-accesses are depicted via Ten Mile Creek Drive. The UDC restricts access points to collector streets but allows for a Council waiver in certain circumstances. A waiver from City Council is required to UDC 11-3A-3 for City approval of these proposed accesses. In order to limit access points via the arterial and collector streets, staff recommends a cross-access/ingress-egress easement be granted to the property to the east (parcel #51214212620) in accord with UDC 11-3A-3. Cornn~ertts hcn~e ~~ot yet been ~°eceived fi°on~ ACHD on t7ais applicatioj~. Water/Sewer Service: The proposed subdivision will be serviced by existing water and sewer main stubs in S. Ten Mile Road and W. Franldin Road. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the available City of Meridians reuse water supply for the primacy source of irrigation by enterilig into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of this development. Storm Drainage: Storm water drainage is proposed to be managed and detained in underground seepage beds on-site in accord with City, ACHD, and NMID requirements. Multi-Use Pathway: A segment of the City's multi-use pathway (Ten Mile) system is designated on the Pathways Master Plan through this site along the Ten Mile Creek to Franklin Road and west to the Ten Mile/Franklin intersection. Another segment is also designated along the frontage of this site on Ten Mile Road. The landscape plan depicts a 10-foot wide regional pathway along the southwest side of the creek in accord with the Plan connecting to the sidewalk along W. Franldin Road. However, the pathway dead-ends at the west side of Franklin Crossing Avenue near the east boundary of the site. Staff recommends the 10-foot wide pathway be extended internally at its filll width north to the sidewalk along W. Franklin Road and to the east property boundary for future extension. The pathway should switch to the north side of the creek on the east side of Franklin Crossing Avenue. A crosswalk should be provided across Franldin Crossing Avenue for the pathway. A temporary attached asphalt sidewalk exists along Ten Mile Road that was constructed with the recent street improvements. Staff recommends a detached 10-foot wide pathway is constructed along S. Ten Mile Road some distance from the roadway and the existing temporary sidewalk is removed. Staff further recommends a minimum 14-foot wide public pedestrian easement for the multi-use pathway(s) is submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the fn•st final plat. Landscaping: A preliminary landscape plan was submitted with this application as shown in Exhibit A.3. The UDC requires a minimum 35-foot wide street buffer along S. Ten Mile Road, an entryway co~•ridor; and a minimum 25-foot wide street buffer along W. Franklin Road, an arterial sheet, landscaped in accord with the standards listed in UDC 11-3B-7C. The proposed landscape plan depicts a 35-foot wide buffer along both Ten Mile and Franklin Roads in compliance with UDC standards. The UDC also requires a minimum 20-foot wide street buffer along collector streets (i.e. Franldin Crossing Avenue and Ten Mile Creels Drive). However, the UDC did not anticipate the TM Creek AZ-13-015; PP-13-030 PAGE 15 EXHIBIT A requirements of the TMISAP for development within its boundary. Because the Franklin Crossing Avenue street section north of the creek is consistent with the Plan in that buildings are brought up to the street and wide pedestrian walkways are provided with tree wells, landscaping within that section should be provided as proposed in accord with the Plan rather than in accord with UDC standards. The remainder of the Franklin Crossing Avenue south of the creels and Ten Mile Creek Drive should be required to provide a 20-foot wide street buffer and landscaping in accord with UDC standards. Non-residential street buffers are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners association in accord with UDC 11- 3B-7C.2. A cross-section of the landscaping proposed within the creek corridor is shown on the landscape plan as detail A and is included in Exhibit A.3. Cross-sections of the street buffers are also included on the landscape plan in details B, C, and D and should be revised in accord with the conditions in this report. Fencing: No fencing is proposed on the landscape plan. The UDC (11-3A-6B) states that fencing along all natural waterways (i.e. Ten Mile Creek) shall not prevent access to the waterway. However, in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director, and/or Public Works Director. Open Space & Site Amenities: The open space and site amenity requirements listed in UDC 11- 3G-3 are not applicable to commercial developments. The multi-family portion of the site is required to comply with these standards and those listed in UDC 11-4-3-27 upon development. Sidewalks ~& Parkways: As set forth in UDC 11-3A-17, 5-foot wide detached sidewalks are required along all arterial and collector streets; the minimum width of parkways planted with Class II h•ees is 8 feet. The width of sidewalks and parkways in the TMISAP differ from that in the UDC depending on the type of street section provided. A detached sidewalk was recently constructed along W. Franklin Road with the street widening project; and a 5-foot wide attached sidewalk exists along the portion of S. Ten Mile Road from the nearest curb cut to the Ten Mile/Franklin Road intersection. The remainder of the sidewalks and parkways constructed on this site should be consistent with the standards listed in UDC 11- 3A-17 and the TMISAP except as otherwise noted. Natural Features: The Ten Mile Creek bisects this site and is a nattu•al waterway. As such, it is required to remain open as a nat<iral amenity and is »ot allowed to be piped or otherwise covered, per UDC ll-3A-6A. L A 100-feet wide easement is depicted on the plat for the creels. The applicant proposes to pipe approximately 3S0 feet of the Ten Mile Creek nearest to Franklin Road as shown on the landscape plan. The applicant asserts that without piping this section of the creels locating a building on this prominent corner would be extremely difficult. In an effort to mitigate this impact the applicant is proposing to enhance the portion of the creek that remains open with landscaping and other amenities. Staff recognizes the applicant's position but because the UDC does not allow natural waterways to be covered, staff recommends the site plan be revised to show the Ten Mile Creels open and preserved within this development, unless otherwise approved by the City Council. Ditches, Laterals, Canals or Drainage Courses: Several waterways exist on this site. The Kennedy Lateral runs along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the site. hrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space; otherwise, they are required to be piped, per UDC 11-3A-6. TM Creek AZ-13-015; PP-13-030 PAGE 16 EXHIBIT A Floodplain: Portions of this project are located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documerrts under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. Building Elevations: The applicant has submitted conceptual building elevations for the firtui•e structures in this development, included in Exhibit A.S. All structures are required to comply with the design standards listed in UDC 11-3A-19, the design featm•es described in the TMIASP, and the urbanlsuburban design guidelines contained in the design manual. h~ sammary, Staff Necommeads approval of the proposed annexation & zoning and preliminary plat rega~est for this site ti>>ith the recoi~ame~~ded conditiofls listed in Exhibit B of this report i~7 accord lvith the fn~dings contained in Ea:hibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: ll8/14) 3. Proposed Landscape Plan (dated: 9/11/13) 4. Conceptual Development Plan (dated: 1/14/14) 5. Conceptual Building Elevations (dated: 9/17113) 6. Letter from ACRD for Approval of Access via Franklin & Ten Mile Roads 7. Internal Pedestrian Plan B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code TM Creek AZ-13-015; PP-13-030 PAGE 17 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 1/8/14) ..,... a.:.5. u.. .a ...nm omo euaa ~SC•[a w-,v mca ~ s` ea wE Tom I Sa rE aar // ~ savev sr u5r _..._ -ar n.awAr E+sEUen (1 Anavo.eu I - I n.>[aE >s ~! // // u•r~rrE eb ~ /•r:a lrx ow n 1 S+UE v ... ~ rvartor era la ! STFi ec 1 a , E3~ ] ml lu5 [~ 'f ~ rE aza a_ wnID _ 1 .N trl Rd ~ ~ FR J \ t. I tPi I ~ - , r . rl J ~~I c-csw,;° u u~a ' 11 la ! l F ~ 1 _ F !\ -. i ~ k I >u I R ' 3 ~ y i ~ uW 1 l I I ', ! r _ '`'-}I f ,. I.I- I'v Ss I ~ I ' I' I I I ~ i :_ _ --'ea ~ ~ Jr 0 f I ~ ~ S,na ~3 L I ~ I a r ~ I ~~ ~ I ,~; I I = ~~ ~~ -._ly 1~ , I I F 5 C6~ I SFE 35] O.ISial6 fihi!(i OFNAV - '4 EA E~IrtI ~ ~ /~ '\\, I 1 ~ii~ ~ ?.: I ~ §~C tia1 IB( 31 %A e t ~ ~ 1 ~rsv ~ 1* a~ x ~~ I -r_ ~.~ ETA ~ ~ ~ ,.~ ~~~ e -=z`I ~ ~ BLOCK 7 j I p ~. a 3 Is I I I I I lus rar ern ~ ~ --4. 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W.= ~ REVIEW SITE LAYOUT 3~2 OF 3 '•'isiu.m" COR['ORATION Exhibit A Page 1 EXHIBIT A fe~a «tluW ,)ea` µ~ ,~RRwE w~ -- Pvic°° __ ~_ ~- - _ ~~=P I ~-. ~ ___ FRANKLIN CROSSING AVE NORTH OF CREEK „ar FRANKLIN CROSSING AVE BRIDGE SECTION Putl:n33 e.~ uc t u ePt Puuar 9 3N B!a' SCa 1tM 1}ed' 6£tl >4T 11AT SCb &[a SW ~141U PYJ1rtN 20:Q Ed£ w,a t/2.E M~w£ E LL~ GL -P i[IMEi S'SEnlix filtl.RE fi111.~f FUN' --~ ___ nn{FE I fUlv.E PLNRE {{~~ ' C ~--~_. ._ - ___ .. FRANKLIN CROSSING AVE SOUTH OF CREEK ssm FhEeE3tRJ FM Pun~Re Ra+nxav Fw<)utm ~ R )e[a RJ'1f FI PRP2i1'ED FRFSLiVEO fQ4FUNRE ~ F,YifU)lRE faa sar em~ sca ffm as fpm ua ua sca +=?_ s=-+eawc Pwrt-a 3w e>E wr£ Tw~~ w.e ~zsa Pw,~ER ;~f:aix ~- M "` FOR OWNER >~~., REVIEW TEN P.IILE CREEK DR 9lANE COLLECTOR W! F.tEDIAN odn °~ ~' BRIGHTON ma.,~, coal'ol:AnoN Thl CREEK PRELIMINARY PLAT RIGHT•OF•WAY SECTIONS 30F3 Exhibit A Page 2 EXHIBIT A 3. Proposed Landscape Plan (dated: 9/11/13) I --- ~ ,~ l ---- - ~ - -- .- -- P -- - _. _ ._-.,. _-FRANKLIN HOAR _~-_ __ r' "" --_ ~ - .-" - - - - - ~. _ 4 ~ F -~ _ _ ~ !Kn -~" '_- r 4 ` -- `=--'~I' i I_ _ _~L. ____I ~- i ~ - i+ yr,~,~ -I ~_ ~ A TS"en Mlle Creek Corridor Section Q}fl#~{JIfHO ~II 4` ~ j Mfr l xd _ f _~ r ~ ~n~ ~ ~ Ullltill~~ ~_ ~`~ --- -- ~ ~ ~ ~~~(j(~~ ~,,,~, i ~IIIIIIIO I'--u •~. ~{ ~ y i r -' A s a Q~~I l i l l U ~~ LaMSCape Sulfer: Ten Mile Road ,~ ~ r ;. __~ ~~ ~1 ~ ~ ~ ~~ LerWscape Buffer; Franklin Road ~ {~~_ {: . r. u.a --- ~~- ~ ~+~ ~.i ~_--- Pte.; I a --]TM~ ~~.~r ~, .F ~ m ~ i ------- .: _~_ ~ c ~ - UlllliTlilllt~~~~~il~~~tlU ~ + Fib ~ p F~rankUs~crosslrigAve.Sectlon I -~_ ~httLL 1111IIII~1~~~~l1 ~~~~n~~~~~~~~I LLI~1 i v»i' r UiiTiiTITRfII~IITTiUII~~~IIUITif~~iU ~ -- ----- r r -_-- 'D nnunniniinir ~ i ~~, ~, i ; ~ r __ _ Pro]ectCaiculalions: - .. . sr .'- ,` plj i~ : ~tLLll~ i i ~ o ~,h v ~s "w ..~ ~ c vc wa .,,, -- Aw, ~-__~__ -~,,,,~r ~.,,v~.. gr.~ar.~,~ i` ,_,~~~ ~-_ •-M~u steam Y~r60 carp l~h~~'a rmM f.nbNp'M ~~~- ~ Preliminary Landscape Plan °F.-,~' exhibit A Page 3 i~ ` Ijli ~ jt; EI rft s m ~ J U ao m o ~ 9 rD f-~~ N ro °" cQ ~~ a~ EXHIBIT A Natuealized Cantodts 1VaterFilG lawn ten Mlle 10'RegionalPath ,,/ Riparian Vagetatlan Creak w/Service A<cezc n. ~ _~ ~~~ ~ Y f _ ~ ~i~ ~ , ~.~_~ ~- ., ~,1 ~~~t, ~ ~( ,,,~~~. I : ~ h„ ~, , i s ~.~ ~~~ ~ i ~ .1 Y .. - 11 ~ ~ ~~ ,.a v - i ~_ .~ ~ { ~ ~ ( ~, ~ ~ :~,,~, ., ~~ a n .l ~ ~ ~ ~ F ~ ~ w. ~ 1 . ~ ~~iT t ~ U I~~' * i3R~> i i ~ , (Kiosk ~ i i ~ ~ i~ i ~ l ~~ ~ ~i l~ P ~ ~ ~ _ ~ ~'~ ~, =;;..., Vlewhtg Pat`il;on .,r~ ~ ~... _ III ~,: \-. _--~-\ Ten Mile Creek Perspective Ten Mile Developn~nt PN; i 1004 0?.17.1 d Ethibit A Page 4 EXHIBIT A 4. Conceptual Development Plan (dated: 1/14/14) I E.. (.m i { ~C7~ J '~ J LttI F :'.'L:: a [ ~..flf i[ n E[ [ F [T [ ~ 1nI ~~, 14'.' '.. [ ~ pf. [ [+E _.. .. TEN AGILE GfiEEN. _::.. _. ~ U'~r ~ ~ ___--~mnunnnntU /- . ''---..~I~-:~. P ~~-6.4 I ~_ ''~fn0'{'Ht'~'0'1''nb'n'In''nll~tp~ ~. - ~'> _., ~I ~r....__ ~~ mt~ftlTiTInUIITITnU I i I it ~ I ~HHHfINON}N}fNUfHfffl~ ~ ~ ,I ~~ ~~ p __ 1 ~~~~~~II ~~ I~~ I ~I~ pp ~ t, f Tr~~~ ~~ 1 Un11I1T1tuTTr~l i i I; iii' 0` } ~ I"._ mLn,n ~^'~=~f'illlllnlitilif I I i i ~4; i ~~ t1=. .fi~4~fHINN~fHHHiiO ; l _ I ~ --- '' I['ti LR1 ~M ~"--.. .,~ .~. is .-..i .. ~. .A i..._ J--Lam.... I[4 t[T 1.6T Ir.i ~. ~._ _.. --. ..-.. \ 1 ... ..__. . 1 1 I t Concept Site Plan Csazbje[R t~ cfiange at Final Plat pbasingl y®" i+BI EI l r~ {~ ~~ - _. _- - L. _~ ~i Ip,~ e ca. ;_,: e'~ U ~~~ U E o i-~ ~ Ol p~p~~ m Fes- D U F C iLf 0. a U Q U NCF [61A caL~ccmn SP1.00 -z- EXHIBIT A 5. Conceptual Building Elevations (dated: 9/17/13) ~[~'. _., _;: % g : f ,_~ ~ t ~'i s ~; ._ ~ ~ , a F Y ~~ ~'}~ ~ ~ ~~ ~ ti -k~'.~!. ~,?L. P ~~' ~~~ ~ ii ~~s .~d - ' °~1 . R....:" ~~ -= y ~~~ ~ i ~ ~'~ , , 'I ~~ %~,~,~ ~ ~ 't~~i ~', TI\C -.. J~~,r.~~, iI ~I~~'~ I I I__(a, r~ ~: ~~~ I L ~ ~, ~I ~ ,~ ~ / ~~ 1 ~ F ~,~~ , ~ iE ~'z .z, 16ti: ~ $gaehac.: ~ ' Xr. ~' ` ~ M $h rS~ Ld : `~ ~ ~ _ r r, ~ ai -. f~ ~.~ ., _ a-. C'.; R~-t.1 _i i i ~~,I.t`r.,,~` ~r~L~ .,., _ ~ .~ - ~ 1 :F. - ~° ~ 1 (ms's ~~~ {( l a S NC ~ Skeetvis~~ -c^ L~ ---- { i 4~~ J "_ !~ i 1'~~C~~ r ~ -~ ~~~, .~~ ~, b1 ti~•'~, i ~. t ~ ~ ~y ~ ~' ~ ~~4~~~~~ R • 4U • Mu~p k .:,mry -3- Y.t~i ' 8 ., t, `r t, 1 I + ~ ~ ~ i i y~l ~yF~ F ~ ;a i. ~.".. F: -l ;i ' -~ r~ f ~ ,~ ~ ~ S~ 1~ ~ B._ 1 -r ~' IF ~+~-~~~t~ LII. H •dU-hduL Fam,'~ N ~ J ~ ~ C () ~ O ~_ O L m ~ Lb ~ ~ N ~ C O a~ a m ctl pF C W~U m ~~ mrrv ~~ c ..~a~:uaF BEi.oa EXHIBIT A 6. Letter from ACRD for Approval of Access via Franklin & Ten Mile Roads ~~' ; - -, ~'~1t-'1~-~I. h4n}' 1~, 2(l1Q Ti~41-lonQrable'faeuttiy t)e !~~'eerd t:ity iti'Mcriditr» 33 F?,13rcradway Avenue hteridinn, Idntta b36~7. FtP: pir^lglrtun Ctrrpt-rttttatt '1"rMtt ~t~~ilc Arert Accaiss ~tttciy Dear ilrlnyar de 6Vecrd: 52r~rry R. ItuB~'r, pr~51c6rfSl Rt!t~tca 5Y. luryok7, Vrc;e t'resld~rst Jahr, 5, ~randen~ t%cxrw~rl~.~t~irer Cnrai A. t~3CKr_'@r [c~,;rerl~s3ccrn~_•r fiara t•S. Pakea, C.~nmi®~.anrr AGI-1L~ stnft" has Gonrpteted the eunrprulrcnsi~' cvttlutrtiun of the Ten. Jvlile r4run Access Stucky prr;pured k,y NDR Hn~ineeringnnboltrilfafthc~ 1~ribhtan Cc~rparntion, Yauriettera!`h~nrela ra, 2U10 retltrnsted ACHT) to evaluate tktc proposed access paints on Ten h9ile Rottd artd prnnltEin Rand tar sttt~ty, eftic,il.ncy nttd consistency wi#h ACHU policy. C)ver the past two ntatttlts, stalThxs war!~cd ~vitlt BriRlttatt to fiu•titer evaluate. the rtecess shtd}~ and tlt_rau~h an iteru[iva patsies hrts re~rrltecl n eancltrsiott stdlsinctr~ry to hattt Afi~I-tU and L~ri~hian, Through iltis process At~ldD hug atrivec9 to halnnce kite needs oi`tlte frtturc develaprnertt cif the area as envisi~rncd by tha City's Inrtd useptnnning ei~'a,•1~ tivhile. rnnintnir~i~ng the fttnctian and. itrte~ri tyaf the arterial rotidu'ay network. In our review trl"the irafc~nrttttian provided it Was dGterrnincd that not nil of the requested access lr~rints wtarc accessary to setae tktt" nntleipatcd clevclttptnent cif the area, nor caruld the}' i,e sr,lely trccntnrutrdnted along the rtrterial raadwa}~s. `i'he 1lnal detertuinntian by A~Ii~ l~ consistont with AEI IU palioy, ndcir€sses snkety' ccancerns t~C'.I~-1C~ hsd with the aripinnl prapossl nhd dctez ttt>t np~7est- to nc,gadvel~' impact ilte trpcratiatt afthc Ten 2viile RandfFrntdclin Read intetseciiarl t»r the c(~oient flvw~rttrni'~ic on ~t'en 3~iile nrtd b'ranl:litt ltorsdsin the vieiriit}. At:llD trplrrov~s #hc ibtlarvin~ nc~.ess saints an Ten Mile ltasd rind Franklin li`and fi~rr the 4U acre _~ E3righton parcel at the stauiltetsst corner t,Pthe intersection based upon kite firtttrd land use us designated in tlic City's Catnpreltensivts Plnn. 't'his npprifivn! is cantht~~nt n17€tn iha parse! c(c;velotrin~ c4attsistent ~+~ith tlroscland use deai~rtatians attd is subaect #o chnn~e oranadiGcntittts if 117c pralac~sed 6ttnd uses attdttrr tcafiic conditions chnn~e in the future.. All clistattc:es tiro nppnnxhnate and Will tae, detcrtttiued and trpproved by ACl117 during design. Tern l4hile Ctand 334' sotttit of h"rttnklirt ~8° 4vid~ t'iglrt-itt/right~out drivewa}', nt~dinn restricted To indiude IOU' ri~ltt tarn hay and 1:1 tl decelertrtion triter 7~~' south of I~rnrtklin 2S' yviclc-righb•in~rigltt-sett drivervny, ntt±dinn restt9etrrl Ta include DOt)' rit;ltt turn bry anti l:lt7 dccclcratiau taper 11 SC1' south of Franklin ~lti' wide i'iatl ncci;ss tlrivet~.'ay err fiuure public street Ta include ifiat?' right tom hay and l:la decelarfittion taper to ~ e:ryt~t ~ t'w tzoQr ae~=stao . rx -4- EXHIBIT A 'I'n ittclude 2t?0` left t>frtt storage !~tt}~s nr~rth afttt youth U-turns Un Teu iv#ilc: 4tllo~±red 35i)'dat.rtoi"fe-n Mile 28' wide rigltt~ia~'right-ontdri~~ewily,mediatt restricted GGU' cask of7'en I4~#iI~ it3' wici~ (eft-in/righk-inlri~ltt-taut drivety~}~, n~~tli~n rest!•it:l~:ei l~t~-iu tttnvetn~ut limited to sautlt side attl}, '1'ct include t 0~0" right turn btty aftd t :1 t} deceleentiolt tape!• 'Ib incia~l~ IUU' 1e11 tttrtt storage hay 11~it' east c>C"1'crs ivEile ~ti' wide title ac:eu~ti signolizitl drivve~4oy rtr future put~9ic street fiil,nfll it, h4 iatstnllcd what ~warrsttiard in Ftttur~; '1o include. [UD' right Turn Bay t~knd 1.10 dGCeleratian taltcr 'i c, include: 7UU' C~ii ittf~n sinrage trays east ujl~l ~ve~t `i'1!c f~a~ss paints iiste€1 abav~: are d[tfiet•eut fr«nt tEtat d~picreii in flit City's Ten Mile lntershtsngu ~~~ ~pecilic r~ren Ylnn, tltc plaits tar 1Ti~"s Teu [~9ile Interchaetge prnJe~t nttdihc plaits for A[aHt7's hrattkHn Relutl, 'lt?rt Mlle tip ~iitdcrlirnjeet. ACHI~ tiunuld nppreciate tite coopcratioft oPt}~c City to fioarriit~ate ilte• ttccc~ssnry ral~tnges to the tttfcctcd praJeets as altltraltriate. if you ar your staF~ha att}~ ctrtestiuns, please cnnttt't me at 387-61$0. Sin~t'ely, ~ ~; _,,'` __ j ~, -~ ~ ~ ~.~ , . Gary 1ltselmigr, t~lttna~er,12i81tt~of~Wa}=and 1)c.~,~~cloptttent Scrv~iees ecr J• ~clt~~reitzer, AGI•lU 17ireat~~r 1)a~~iti Turnbtdl, l~rightc~tt C:c~rporztion Caleb Hrtad, City cif Meridian C",rni,g Jrtckscarl, f't°i!t`~-Hitt .ic~f'h~3orf, RC, I'I'[~ Diau•ict 3 -5- EXHIBIT A 7. Internal Pedestrian Plan _., ~I ~ ,,~,: _ ~:.~,,,, ~FiANKLIN ROAt1 -~ ~ i _ , ~t,*~----r. T ~ ~ i~°~~-- 5~ ~~ ~ '~Illlil Ali II- .. _;.°.~ ~-.~ k ~ I ~~Tr[1 r~rr~rT~ ; ~ , I _ ~~ ' i~ ~ ~ ~ . t~~ffl'~i}/;~ ~~ ;1~trfrnll'°~rrm•+ ~ ~ ~ ~ rL~1~l~T~~', q i ~3 , ~ iti ; ~~ t I ~~ - ~ ~ I i. ~ i L i ~._., ~ ~-, w ,. ~ _ ( fj ~ _ ___ _ ..~ l,'~I~~lt =~ ~ ~\ i__~ <" ~: ~ 411 I ~~'~'. ,y ,~- y^~_ ~.~ v 5' _ 5, ~ . ~, l ~' , ~x. ~,~ ~~ rnnnu IS` i~ ~ ,, -_ ~ _ iJ ~ ~ --III ~ ~:f_i I; i ~:~~ (4~~ i ~~: a ~~ L 1 ' ~ ' ! _ ~ .J ~ _~_ ~~ ~'~ '''~ i>~° ~ ~r l ~ 1 _~ ~ ~-1Q ~~,1 •, ?tTiUli~lli;, ;~ ~ ~~ ~~~ ~ ~~~~~~, ~ 5 ~21ii~U ~- ~ - ~ 9 i nc tr ,,~ -~ ...1 ... __ I .~ ~ ~: ~~ mr~T ll~ ~ - i - -1 -~~ '1t~' -~~ ~:~~ - ~, L ~~ .,~ ~ ~, ~ _i I == ~~I~j~ ~ ~. ~I ~~___-t - i ,~ ~ F ~ ~ ~,' ~illl~~l~ t~~i~l~rau~,r ._, ~~~t~~~~~ 5' ~- - -~ ~ ~ ~~, _ ; t C-°"1-~. ~. .A ~ 1 ,~,~ ~. ill,. ~~11~~~1'; l~ III I~ `.n_s-,.. .,. .n.1 ~ ~~- ~~,~~~ ~, , ~ ~_, is ~~IIIII~~I~~#~~+iil--; ~ I ,'°- '-~ I ~, ~ _ ~' ~ - s , ~ ~_~.,,~ ~ ~ ,: s~ ~~'illfllli~~~IIIIITt}~I I Iii - -P_ • ~~X~~~~ .~-_ ~--~,~" ~_~, irlii ~{.Illff'!~iI~IIIIii~~iiillH;l `,, ~~iu ,,, L~i~ullr,-, t _ ~ ~ ~, , '~'~IIU ~1L" f '~ : ai , , .,I~r t _, 1 ~, , i ~~ - - -, _ - _ ~ ~ ~IIIt ; ~ .~ ; ~. ~ -~ 1 ~_ _- ~~ ~ 1 v~' ~'~` ' 5 12' z s' I1,; ~, i ~ ~ r ~ t ~ ~ ~ rr ~- ~. i~ I I I ~; 1° 1. ---1~ ~ I~I~I '~ ~L~li,~ ~ _~~_~-, -; ~_ f ~. ~` t~ L1 i f' 'ni .U ill~lil~ ~ n i _____ ~ fi-~~f~l~ --~;' ~~' ~~ i~if I ' fl ~ ~ _. ~TEN DAiI~ eEEEK J ~ J i '- ~ 1~!I11U ~ t ~ ~~ , '' ~ ~ ~~ _ ~ I ~ { I~ , i ,r, ~;~. ., ~ ~ ,T I -, I~ ~ ~ ~ ~ _ ~ ' ;i' I '~, ~ _~~ 11Iliiti i _ ~~~ _ _ _ ~ i f I 1 t P '! 1 -6- EXHIBIT A B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 . A Development Ag-•eement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: Owner/Developer Requirements: a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is restricted per UDC 11-3A-3. ~"~c.. °''^ ~ *'~^ ^'~ r'^* ^-~~ -~* r'^ ~o~ u.~i a.aa.a uaavu aia i.iaaava~ n aa^.ai uiriu uNNrv qua v ~~~ ~A ~: City Cozn~cil approved a waivez° to UDC 11-3A-3 for the accesses shoevzz on the prelilzzi>7azy plat and coyzceptplarr. b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. ne-ue~~~'~ T~=-~A ~: City Cozrncil approved a tivaiver to UDC 11-3A-3 for the accesses shotivn oT~ the prelifzziz7azyplat and conceptp/an. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in Exhibit A.2. Futm•e reconfiguration of the street may occur, if warranted by ACFID, in accord with the aforementioned street section. d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and a detached 10-foot wide pathway shall be constructed along S. Ten Mile Road some distance from the roadway in accord with the Master Pathways Plan and Street Section A shown in the Ten Mile Interchange Specific Area Plan (TMISAP). e. A minimum 14-foot wide public pedestrian easement for the multi-use pathways on the site shall be submitted to the Planning Division, approved by City Council and recorded prior to signahlre by the City Engineer on the first final plat. £ The Ten Mile Creek shall remain open and be protected dm•ing construction ~~•~'°~° ^*'~°••«~~°° ^T~°a r.., ~'~'~ ° r'^••r°~' except for approximately 380 feet of the creek nearest to Franklin Road which maybe Wined. as annroved by City Council. contingent upon anmoval by the Armv Corps of Engineers and Namna Meridian Irrigation District. g. Across-access/ingress-egress easement shall be granted to the property to the east (parcel #S 1214212620) via a note on the plat andlor a separate recorded agreement prior. h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. -7- EXHIBIT A j. Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP. TTTTQ A D .,.1,;,,1, ,,.,11~ -f ,. T,,,;1,1;,,,.~ +., «h.,l.l +ho .. ,.~» 1. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalk with street trees in wells and street-level store fronts, in accord with the TMISAP. m. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with the TMISAP. A minimum 20-foot wide street buffer shall be provided in accord with UDC Table 11-2B-3 and landscaped in accord with the standards listed in UDC 11-3B-7C. n. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. o. All st-•uctm•es within the TN-C zone adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 11-2D-5 and the design elements contained in the TMISAP. p. Future development of this site shall be generally consistent with the conceptual site plan, building elevations, and landscape plan submitted with this application inchided in Exhibits A.3, A.4, and A.5 and the conditions in this report. The site shall develop with a mix of office, commercial and residential uses as proposed. q. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards listed in UDC 11-3A-19, and the guidelines contained in the Meridian Design Manual. r. For streets & block fronts where commercial uses and pedestrian activity are most desired noT•th of the Ten Mile Creek, it is recommended that sidewallcs be lined with shops, restaurants, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously-scaled display and transom windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading; s. Sidewalks shall be provided internall~g_one side of all major drive aisles for pedestrian connectivity within the development in accord with the Man in Exhibit A.7, t. A pedestrian crossin>r over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian hriaation District Business Owner/Tenant Requirements: u. Business hours of operation in the C-G district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). v. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. w. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive -8- EXHIBIT A pedestrian environment with a strong street character. At a minimum, the following design elements from the TMISAP shall be incorporated into the development: i. Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; iii. Human-scale design by building entrances placed close to the sheet, ground floar• windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. 1.1.2 The preliminary plat, dated 1/8/14, included in Exhibit A.2 shall be revised as follows: a. The sheet buffets along S. Ten Mile Road, W. Franklin Road, Ten Mile Creels Drive, and the portion of Franklin Crossing Avenue south of the Ten Mile Creek shall be on common lots or on permanent dedicated buffets to be maintained by the property owner or business owner's association in accord with UDC 11-3B-7C.2. b. Add note: "Direct lot access to S. Ten Mile Road, W. Franklin Road, Franklin Crossing Avenue and Ten Mile Creels Drive is prohibited except for those access points approved with PP-13-030 by the City of Meridian and ACHD." c. Widen the sidewalks along the section of Franklin Crossing Avenue north of the Ten Mile Creek to 12 feet in accord with the TMISAP. d. Street lights at a pedeshian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. e. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accoa•d with the TMISAP. f The Franklin Crossing Avemie bridge section should be reconfigured to reflect two lanes of traffic initially with four lanes of traffic in the future if warranted. 1.1.3 The landscape plan, dated 9/11/13, included in Exhibit A.3 shall be revised as follows: a. The 10-foot wide regional pathway along the Ten Mile Creek shall be extended to the sidewalk along Franldini Road at its full width and to the east property boundary along the north side of the Ten Mile Creek for future extension. Oi~ the east side of F~°af7Tclin Crossing Avenare, the pathway shall shzft to the north side of the Ten Mile CT°eek. A cross-walk for the pathway shall be provided across Franklin crossing Avemie. b. A detached 10-foot wide regional pathway is required adjacent to S. Ten Mile Road some distance from the road in accord with the Master Pathways Plan and the TMISAP. Detail B on the plan should be revised accordingly. (The existing temporary asphaltpathway shall be removed.) c. Widen the sidewalk along Franldin Crossing Avenue north of the Ten Mile Creek to 12 feet and install street trees in wells and pedestrian scale lighting in accord with the TMISAP. d. Landscaping along the portion of Franklin Crossing Avenue north of the Ten Mile Creek is required in accord with Street Section E on page 3-21 of the TMISAP. -9- EXHIBIT A e. The 10-foot wide area shown on the north side of the Ten Mile Creek Drive street section as preserved for fiittiire roadway expansion shall be planted with grass in the interim. No improvements shall be required beyond the curb and butter on the south side of the street. £ Include a detail for the Franklin Crossing Avemie landscape buffer south of the Ten Mile Creek and Ten Mile Creek Drive in accord with the dimensional standards listed in UDC Table 11-2B-3 and the landscaping standards listed in UDC 11-3B-7C. g. The configuration of the site shall be revised consistent with the concept plan included in Exhibit A.4 and the conditions in this report. 1.1.4 If the development is proposed to be phased, submit a phasing plan with the first phase of development. 1.1.5 Across-access/ingress-egress easement shall be granted to the property to the east (parcel #51214212620) via a note on the plat or a separate recorded agreement. 1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-6B and 11-3A-7. 1.1.7 The developer shall obtain an easement from the TT ~ '~••~•°^~• ,.ten°^'^m^*~~~ appropriate agencX for the 14-foot wide recreational pathway easement along the Ten Mile Creek. 1.1.8 Prior to any development occurring iii the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-G, TN-C, and R-40 zoning districts listed in UDC Table 11-2B-3, 11-2D-5, and Table 11-2A-8 respectively. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to W. Franklin Road, S. Ten Mile Road, Franklin Crossing Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with this application by the City and ACRD. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for ii•~•igation ditches, laterals, canals andlor drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and ll-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffets consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. -io- EXHIBIT A 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 'Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement maybe accepted for other improvements in accord with UDC 11-SC-3C. 1.4.3 The fmal plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Plam~ig Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT -11- EXHIBIT A 2.1 Site Specific Conditions of Approval 2.1.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile and West Franklin Road frontages of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing shuctures that are requn•ed to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage dishict, or lateral users association (ditch owners), with vv~•itten approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. -12- EXHIBIT A 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with airy Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be requu•ed on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the developmenrt plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corneas, cur-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infi•astructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. -13- EXHIBIT A 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infi•astruchu•e for duration of two years. This stuety will be verified by a line item cost estunate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department did not submit comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no commments on this application. 6. PARKS DEPARTMENT 6.1 Provide 10-foot wide multi-use pathways on the site in accord with the Meridian Pathways Master Plan as noted above in condition # 1.1.3. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Franklin Crossing Avenue -The applicant has proposed constructing the roadway to provide 3 lanes plus parking to facilitate the filttue expansion of the roadway to a 5 lane section without parking, if necessary u1 the future. a. The right-of--way and street sections should be constructed consistent with the cross sections depicted in Finding 4. b. Reconstruct the existing 46-foot wide full access approach onto Franklin Road located 1,180-feet east of Ten Mile Road, for the proposed Franklin Crossing Avenue. c. The northbound leg of the intersection shall be striped with 2 receiving lanes; a center blanked out lane, and dedicated right and left tmn lanes. d. The first 200-feet of the new roadway south of Franklin Road should be signed for "NO PARKING". e. Coordinate the design, striping, and signage of the northbound leg of the intersection with District Traffic Services and Development Review staff. 7.1.2 Franklin Crossing Avenue -Future Signal -Design and install a signal at the Frai~ldin Road/Franklin Crossing Avenue intersection. The signal shall be constructed through the signal poles and hnninaires, prior to signahu•e on the first final plat. When the signal is warranted in the future, as determined by ACHD, the District will complete the installation of the mast arms, signal heads, controller and wiring and put the signal into operation. 7.1.3 Franklin Crossing Avenue Driveways -Construct 6 30-foot wide curb rehu•n driveways onto Franklin Crossing Avemie as proposed. a. Align centerline to centerline on both the east and west sides of Franklin Crossing Avenue. -14- EXHIBIT A b. Two of the driveways located approximately 270-feet south of Franklin Road shall be median restricted as right-inlright-out only driveways. c. The other 4 driveways shall be frill access and located 560-feet, and 850-feet south of Franklin Road. d. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Franklin Crossing Avenue. 7.1.4 Ten Mile Creek Drive -Construct Ten Mile Creels Drive with two 11-foot wide travel lanes, 12- foot wide center landscape island, 5-foot wide bike lanes, vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalks within 78-feet ofright-of--way. a. The center landscape islands shall have a maximum width of 12-feet and platted as right- of-way owned by ACRD. The applicant or the owners association shall enter into a license agreement with the District for any landscaping proposed within the center landscape island. b. Dedicate 98-feet ofright-of--way as proposed. c. Construct the first 300-feet of Ten Mile Creek Drive east of Ten Mile Road, stubbing to the 111 acre parcel directly south and east of the site. Construct a temporary turnaround at the terminus of the stub street. d. Utilize the existing 46-foot wide fiill access approach onto Ten Mile Road located 1,150- feet south of Franldin Road for the proposed Ten Mile Creek Drive. e. Ten Mile Creek Drive will operate at a frill access public street. This street, may be restricted to left-inhight-in/right-out, or right-in/right-out operations in the fiiture if safety or traffic operations require modifications, as determined by ACHD. 7.1.5 Ten Mile Creek Drive Extension -Design Ten Mile Creek Road from its terminus (as constructed with this project) east to the proposed roundabout at the Ten Mile Creek Drive/Franklin Crossing intersection. a. If the right-of--way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roadway shall be constructed as a part of this project. b. Ifright-of--way and cost share agreement for the construction of the roadway cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for the construction of half of the road minus half of the design cost. 7.1.6 Ten Mile Creek Crossing Bridge -Submit the bridge plans for the crossing of the Ten Mile Creek (Franking Crossing Avenue) for• review and approval prior to plan approval and signatLUe of the first final plat. Dedicate additional right-of--way or a permanent right of-way easement to a minimum 5 feet beyond the wing-walls of the structure. 7.1.7 Ten Mile Creek Drive Driveways - a. Construct a 30-foot wide frill access curb return driveway on Ten Mile Creek Drive as proposed. b. Construct a 30-foot right-inh•ight-out curb return driveway on Ten Mile Creek Drive located approximately 900-feet east of Ten Mile Road as proposed. The driveway can remain as frill access until the roundabout is constructed at the Ten Mile Creek Drive/Franldin Cross -15- EXHIBIT A Avenue at which time it will be restricted with that project; or it may need to be relocated if it is within the influence area of the roundabout. c. Pave the driveways their frill width and at least 30-feet into the site beyond the edge of pavement of Ten Mile Creek Drive. 7.1.8 Roundabout - Construct a roundabout at the Franklin Crossing/Ten Mile Creels Drive intersection at the south property line as proposed. a. Design and build the roundabout as a dual lane roundabout that can be modified as an interim single lane roundabout and expanded in the fiitlire if the collector roadways require 5 lanes in the future. b. If the right-of--way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roundabout shall be constructed as a single lane roundabout with this project. c. Ifright-of--way for the construction of the roundabout cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for half the construction costs of the roundabout minus half of the design costs. d. Enter into a development agreement with the District to be recorded against the land and notes that when the second lane needs to be added to the roundabourt that the applicant or current property owner will pay their portion of the design and construction costs associated with the future roundabout expansion. e. Provide the preliminary deliverables for the roundabout design as part of the plan submittal as identified in District policy 5108.8.2. The roundabout shall be designed by a qualified designer following ACHD's Roundabout Design Guidelines. 7.1.9 Stub Streets -Construct Franklin Crossing Avenue to the south as a stab street, and Ten Mile Creek Drive to the east as a stub street. a. Construct temporary turnarounds at the terminus of both stub streets. b. Install signs at the terminus of both stub streets stating that, "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." c. The temporary turnarounds shall be paved and constructed as standard cul-de-sac tuurnarounds with a minimum radius of 45-feet. 7.1.10 Ten Mile Road Driveways -Utilize the existing 28-foot wide restricted right-in/right-out driveways onto Ten Mile Road located 400 and 800-feet south of Franklin Road as proposed. Pave the driveways their frill width and at least 30-feet into the site beyond the edge of pavement of Ten Mile Road. 7.1.11 Franklin Road Driveways -Utilize the 28-foot wide median restricted right-inh•ight-out driveway, onto Franklin Road located 400 east of Ten Mile Road and the left-in/right-in/right-out driveway 700-feet east of Ten Mile Road as proposed. Pave the driveways their frill width and at least 30-feet into the site beyond the edge of pavement of Franklin Road. 7.1.12 Tree Planter Policy -The District's Tree Planter Policy prohibits all trees in planters less than 8- feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. -16- EXHIBIT A 7.1.13 Landscaping Policy - A license agreement is required for all landscaping proposed within ACRD right-of--way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a a- foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 7.1.14 Plat Restriction -Ten Mile and Franklin Road are classified as principal arterial roadways. Franklin Crossing Avenue and Ten Mile Creek Road are classified as collectar• roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and shall be noted on the final plat. 7.1.15 License Agreements -Dedicate all islands as right-of--way owned by ACRD; and the Developer or Property Owners Association should apply for a license agreement if landscaping is to be placed within the islands. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with ilnproviiig street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility sheet cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedlu•es and all applicable -17- EXHIBIT A ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -18- EXHIBIT A C. Legal Description & Exhibit Map for Annexation & Zoning Boundary LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M. ADA COUNTY, IRAHO _ cunv~Tna~c CIIRVEq I.ENc3Tl1 RAAli39 DELTA TAP:DED7i' Cho1tD UEARMG G{ _ E9_ti1 ~~~_ ' 89.961 K6'IG12' 57.35 Gi.SO N69'28'39'W C2 tO7.7D 15?.03 30'51'16' 15.15 i~.d0 fi7T'63'd69Y CJ 93.4' 199,D5 7a"2+7dD' d7,D5 DIED 86D'09 D75V 4 ~' SOME: 1._d;~, roD FRANKLIN ROAD tD Is NaD`DO'ED"Ir 2d0.D'I ~ • iJ;9DO' ..... 65D`6JC4't J71g59' "•.. 15 Id ____, f! i1 ~56EC 1a ~~ H t:Y oEC 11 ~~ a I I I~ CURRENT ZONE: RUT 1 ~ ~ Is PROPOSED ZONE: C-G,TN-C & R-40 w ;„' 1,975,231 SF r 34 6,' 45.34 AC w ~ __ ~ I ..-.. -rn- - - -r~i,--- 1193'61'Cd'E 2•IJ.47 ~ I G37`27'd5'Vr I~ 01?D' N61° 9Y S7"1"! D5.70' ~ N6D'eG'21`W 40.09 //' db5'11'DD',N 1L9.60' I~ £66°60'21'YV 186.46'. C~``.f ''~ -' 3 ~ K 1~4~~^-~ u~1t62'dG'1E"r1IfR.RO' - ~ N33'1G'47'VJ 8T 1.57 I17 NSG dF.. i4 SS 1 nua~iroa ~v 24s.6a N611`!9'33't9 iT.D3'~ F a nl 1 N u+ l~ did ~ ~ .l V ly c~ORF'QI2ATION i• ,"~~~ AS+MN. Mim tJiR Isalx:atw ANNXATlON BOUNDARY '~"~`°'~"~`~° LOAL DSCRIP~'IQN MAP FOR TM CRK -I~- ExxIBiT a LEt3At. T)I?SCRIPT[t=)N '1'M Creek Atutexation I.egtQ E3eiub a pottkou of N4Vl/~! of Section 14 Township 3 Notih, Range 1 Wcst, L~oise Meridian, Ada County, kdaho described as: Cpmutencing at the northwest corucr of said Section 14; naming thence nloag the horn lino ot'said Section 14 S$9°09'50"E IS77.99 feet; thence S00°35'40"W 7U~L71 feet to the notch lino of Ten Milo Stub braur (hence along said nor5h IitieS$9°51'06"tiV 244.02 feet to the east line oCtie NEVI/4NW 114 of said Section 14; thence along said talon(; said east line S00°34'40"W 120.00 Poet to the south lino of snid'Ten Mile Shdr, theltce thong said sent! line N$y°S 1'OG"E 249.02 foot; thence S00°34'~IO"W 503.95 feet to the south Ihte ofthe NGl/4N1V1/4 ui'said Section 14; Chcrtee Hong said south line N89°1('04"~V 249.00 feet to the 5L~ cornet' ofthe N4V 1 /4NiVVI/4 of said Section l4; thence along the south line of suicE N~It/4NWl/A N89°10'41 "4V 371.69 feet to the centerline of the Kelntedy Lnlcrttl; thence along said ecnleriine the Foliowiut3 nine (9) coursos, ([) N50°5$'33' W 17.95 feot; Illenee (2} NS3°l I'09"1.V 198,60 feel; thence (3)N61°20'57' W 85.'10 feat to A point of cun~e; thence (4) along said curve to the loft 68.61 feet(Curvc: Dntn: Radius=69.99 feet, Delta=56°10'12", chord bears N89°26'39"W 65.90 feet); tltencc (S)SG2°~T45"W 91.30 feet to a point of t:urva; thence (G) along said curve is die right 107.70 fect(Cut~~e Data: Radius=199.99 feet, pelts=30°51't G", ahot~d bears 577°S3'~lS"W 10[.40 feet); thence (7) N86°40' 15"1V 156.20 feet to a point of ctreve; thence ($) along staid curve to the left 92.42 feet(Curve Data: Radius=199.99 fcct,l)elltt=2G°2$'40", chord bem;, S80°05'03"'~'V 91.6U feet}; theuee (9) S6G°SO'21 "tiV 1$6.46 feet ko the intersactiort of the centerline of said oFlCenncdy Latet7tl nud the easterly right of way of Tcn Mile Rd.; thenco N&9°2C'21 "kV 40.05 Peet to the west line of said Section 14; thence along sa5d ~vesk lino N00°33'31)"E 1311.93 feat to the point of begituting. Parcel Contains 55.34 Acres more or less. Basis of}3eflriug North sectionlino ofthe N1V1/4 of Section 14 Cotumeucittg tai the Northtvest cornet• ok Section 14; thence S$9°09'St)"E, a d5sttntcc of?.657.99 feet to the N 114 of'Seclion 14 ~ \~~pti t.ggrp`~ ~~ ~~~~ ~ ~i z'/ l ~~. Legal L)escriptiau, Pttg4 I of I -20- EXHIBIT A 14 ~~ • • ' .. • , , ~~'0 Ei3fl° 06' C~r4'E ~G7 99'. '_ ' "" " - " ....., 15 74 _ _ W 1ao u~a W ~~~~ 1 I - ~~ I- -~- ~, ~ j !d SY-0 1d _.. - _ ~,p~'ra u ~ ( £59°2f12D'E 2696!7 ~' 1 I . _ "-Np $4 40 E 294.ZQ' - - - --prb-~ ~ ~ !:A'1,~`26'~~Y'li -07.44' ~ ~ - -1'~- ~. = I 1 ~ t _ _ s _. _ .._._ ph -y I N9' 93' 1S'E 1P,9.45'~! ~'°""~ .•.•.. ~. ~ i • I '` NU' 9p' 0p'E 243.D1'- I N87° G4' 01`E I ~ `, $3 ~ F~ -- LOI Y ~ l~ ~ . "~,, C6 ~i~D ,Q~ f)' 42 T3 e ~ ~ 41.44' - -SD9`Ci"G4}"4V 249A1' ..._ _ _ _ .~ &89'62'61"E 11626'-:~' ^-Scr'~4'49`N! ip.9P' o ~- P,L i- . P~ - PJL ~- ----Sp" 9A' 49 V4 1Q9.C9' ' ~ ~ ~ ( ~ ~ 8t1~r61' i7ti`W Pi ~ '" ~- ~ - --Wp' 34' 40 f iD.OtY r a ~ -ra- ~ i ~ ,, N ( _ ._ 6~~ ~9PD'bi`il'1•W ?.5DA2` 1 ~ ,I I ~ ~ ~ '~~ZG1NE ~~ K - -SQ2' 27 4G`LV ~ I t ~1 91 Su' ~N6117) F7'Y,' B5,7p' Im - 1~~ ,,, lI?A'25'21°t't 4p,0G` - KU'.t~ -~~~ 5S' ~'"~ o rS6P'6o'21'iJ' iD8~4' '~~ C1 Dl53`ti'D9'W~ ~i a 5~. __ to SC' 93' ~D'SY 14.15 - .. t~'G~~" ~"- - -- ~ '~ _ ° P_ •Nf3fl` dt~' 16'6'1 169.2'- - ~ '°°' ---" y- N 1iY4 CER 1-0 ~ N5p° b8' 35`6V 17.95'-~j S18' 11' 04'E 249JYJ' 58P'19'dt"E fl1,7p'° F o i I s?;. a ~ ~ } Ll" Vi ~~ ~ORPdRATIC?N 1 ~~~ ~~~~ ~ ~~~~- r~hF~R,' t1iJiJi1~3F~~~~ u n ui:r~r~~ ~1 ~e hta -21- EXHIBIT A LEGAL DESCRII'7TON TM Creek C-G zone Desarlpflon Being a portisn of NW1I~ of Sectior, 14 Township 3 Nortt, Runge t «test, Baise Meridian, Ada bounty, Idaho described as: Gonunencing at the nori(iwast Cotner of said Section 14; tl,tminR thenoe along the north, line of sold Section 14 589°09'50"E 1577.99 feet; thence soo°34'am'w 2~4.2o feet; thence N89°25'20"1~V 290.60 feet; thence N89°2G'49"1V 287:14 feet; thenceS00°33'11"\V 1$6.115 feet, thence S00°Ob'00"~V 243.81 feet to apoint of itvn-tangent Gurvc; the:-iGe ulong said curve to tl,e left 7.90 feet (C;nrve Data: Radios=?,70.00 feet, Delta= t °~l0'33", chard becus S89"02'34"L~ 7.90 feet); thence S89°.5Q'35"f3 t 57.17 feet; titenec S89°S2'S I "I~ 176.26 feet; thence. N87°54'01 "i? 101.03 feet; thence N89°42'19")! 41.44 foot to the east line of khe NW U11NWU4; thence r~lang said east line S00°311'40"W 100,00 feet; thence S89°51'06"W 91.91 feet; thence S00°33'18"E 508.21 feet to the sauth Ih,e vfsaid NWl/4NWll4; thence aiot)g said souti- line N89°i 11'41 "W 279.cJ9 feet to the centerline of the Kennedy Lateral; thence along said centerline the #ollo,ving nine (9) cou-•ses, (1) NSA°52;'33'W 17.95 feet; fhence (2) NS3°I 1'09"W 198.60 feet; iheuee (3) N61 °20'57' W 85.70 feet to a point of Gurve; thence (4) tttang said curve to fire left 68.61 feet(Curve Data: Radius=69 ~~9 .feet, DeU,r~SC°10' 12", chord bears N89°26'39"W 65,90 feet); thence (5) S62°27'15"4~~ 91.30 feet tv a point of curve; thcncr, (ti) uioug suicl carve to rho right 107.7D feet(~.'nrve Data: Rndhts~199.99 feat, Dcha=30°Sl' 16", chord bears S77°53'45"W lOG.4b Peet); thenca'(7) N86°40' 1 S"W 156.20 feet to n point of ourve; tho-,ce (8) nlottgsaid curve tothe left 92.42 feet(Cutt~e Data: Rnclius°199.99 feet, Delta 26°28'40", cho-•ci bears S80°05'03"~V 91.60 feet); thenoe (9) S66°SO'21 "'t'J 186.46 feet to t1,G inlea'sectian of the GentGrline of suici of IZennedy easterly rigl-i of way of Ten Milo Rd.; thence N89°26'21 "W x[0,05 feet to the west 1u,e of said Section 14; thenoe uioug said west line N00°33'39"E T3111.93 feet to the poh,t of hegitu,ing. Pm•cel Cvuiains 35.82 Acres n,arc or icss. Lateral lad the Basis ofBevring North 5•ectiot, line of the NWll4 of Section 14 Gonuuencing at the NoMlrwest earner of Sectivn 14; thenco S89°09'50"E, t- distance of 2657.99 feet tq tire N1/4 of Seotibn 111 Legal Description, pale t of i -22- EXHIBIT A LEQ~AI, U),,SCPIPTTi~a`! T`~~f Creek R-~10 Gone Bnwidary Part of Qte NG'~'1l~1 of Section ]~ `fo~vnship 3 No~Tlt, Rartge l bVcsi, Boise Meridian, t~da County, Idaho described as; Beginning at point ou the south line of'1"en Milc bruin Stub, pohit being S89°09'SO"R I S?7,99 feet along fhe Section llnc and 5001°34'x#0"W 32.71 feet firm the nnrtl-wesi corner of said Section l~l, Running thence along said south line 539°51'OG"W' 219.02 feet to lho east Ihie of the NEVI/~N1VU~ nl'said Section l+f; Ilaence t~long skid east line N00°34'0"E 10.00 feel; thence S89°Sf'0G"1W 91.91 feet; thence Sao°33'18"w 503.2( feat to the south line of said NW 1J4NW1/4 nfsaict Seetian 14; (hence a long Bald south line S89° 10'41 "L~ 91,70 feet Co the southwest corner of the ~~ ll4N W 1/4; Otancv along the south line of said NEI14N1V114 S39°11'O~l"E 249,00 feet, thence N00°34'~i0"11503,9S feet the point of Bcgimting. Parcel Contains 3.94 Acres more or less. Basis of [3earing l~inrth section litre of the N~V U4 of Section 14 Couvnuncing at the Northwest corner of Section l 4; thence S89°09'Sb"E, a distf~nce ofi26S7.~9 f`aet to the i~li/4 of Scctiou 14 9~p.4 L~}N® ~ k~~'~¢~ry11' 1`~R~pG~~ ~~~ (4 ~~ ~',j. r or" ant' ~ ~S'iS G. 5'i~~• <Acgal t)escriplioil> Page t of 1 -23- EXHIBIT A L>Jca1, >aESC1~Y~1~oN TM Creek TN~C lone 13oundat•y I'tmt of the NW1/~l of Section 14 Tow~aship 3 Not~th, Range 1 tVcst, Boise Meridian, Acta County, Idaho desc:ritrecl as: Bel;innirtg at Itoint being S$9"09'50"F f 5!1.99 feet along tits Section line ahd S00°34'40" W 294.20 feet fi•an the northwest corner of said Section 14, Running thence NS9°25'20"W 290.GU feet; thence N89°2G'49"W 287.44 feel; thence S00°3:3'I 1"W 186.15 fret; litencc SOU°QO'OO"W 243;8 t feet to a pohtt of anon-tangent curve; thettec along said Dacus to the left 7.90 feet (Curve l]atas [tttdius~270.U0 feet, llelta-l°40'3:1", chord bears S$9°02'34"t3 1.90 feet); thence S89°S2'S1'B 176,26 feet; tktence N87°54'01 °F 101.03 felt; theatre N89°42' 19"1. ~f .44 feet to the east line of the Nti~114NW1(4 of said Seetian 14; thence alonb said oust line N00°.3,4'40"> 10.00 to the not~th line of Ten 141i(c Stub Drain; thence along said north lirto Nfi9°51'(16"E 249.02 feet; theuce N00°34'40"E 410,51 test the Point of Beginning, Pat•ce( Contains 5,58 acres more or less. Basis of Bearing North section liue of the N W 1/4 of Section l4 Conunencing at the Northwest corner of Scetion 14; theuce S$9°09'SO"E, n distance of 2G5799 feet to the N 1/4 of Section 14 4~~5~~ptS Y~,4„~~G~.~ z'~~ ; \-'Ya r~ of 1 ~ Ate"/ Le~;il Ctescrtptioh, Page I of i -24- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment is generally consistent with the MU-C, LC, and HDR FLUM designations for this site and should be compatible with existing and future adjacent uses. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C-G, TN-C and R-40 zoning districts is consistent with the purpose statements of the applicable districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. 2. Preliinina~y Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that if the applicant develops the site in accord with the provisions in the DA, the development will be in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, design and circulation. Please see Co???prehe??sive PIa?? Policies and Goals, Section VII, of the Staff Report for mo?•e 111f0?'??1at10??. -25- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject propeY•ty upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditm•e of capital improvement fiends. d. There is public financial capability of supporting services for the proposed development; The City Council fords there is public financial capability of supporting services for the proposed development based on comments provided from the public service providers (i.e., Police, Fire, ACRD, etc.) (see Exhibit B for more detail.). e. The development will not be detrimental to the public health, safety or general welfare; and Based on testimony presented for this project, the City Council finds the development will not be detrimental to the public health, safety or general welfare. ACRD considers road safety issues in their analysis. -26- ~i i n its mil ®n °f :April 1, 2014 11° lJ 6K DATE: I E_MSTAFF TO I AGENCYO I APPLICANT I NOTES I INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 63 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 25.85 ACRES INAN R-4 ZONING DISTRICT BY: BRIGHTON INVESTMENTS, LLC APPLICANT HEARING DATE: MARCH 18, 2014 CASE NO. FP-14-007 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 18, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING SPURWING ORCHARD SUBDIVISION NO. 3, LOCATED IN THE SE 1/4 OF SECTION 22, T.4N., R.lE., MERIDIAN, ADA COUNTY, IDAHO, 2014, DATED: 01/30/14, BY JAMES R. WASHBURN, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions set forth in the staff report to the Mayor and City Council from the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING ORCHARD SUBDNISION NO. 3 (FP-I4-007) Page 1 of 3 Planning Division and the Development Services Division of the Public Works Department dated March 18, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, Brighton Corporation, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING ORCHARD SUBDIVISION NO. 3 (FP-14-007) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 14~- -~~Y,\ , 2014. _.-.. ..,. _ ,~4 .~' By' __---.._. ~ __~ ~arn°rny:dc Wee~•d ~~*'~~~ n u~us Mayor, City of Meridian Attest: Go~~o` `'-,o~ 9 Jaycee olm n y~ S City Cleric ~Fn'T6 ~Q~°P r °~ the'IAE hS day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: Dated: ~~~-~ \ ~ ~ ~e11 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPURWING ORCHARD SUBDIVISION NO. 3 (FP-14-007) Page 3 of 3 EXHIBIT A STAFF REPORT HEARING DATE: March 18, 2014 (Continued from March 4, 2014) TO: FROM: SUBJECT: Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 FP-14-007 -Spurwing Orchard No. 3 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for final plat approval of sixty-three (63) single-family residential building lots and fom• (4) common/other lots on 25.85 acres of land in the R- 4 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Spurwing Orchard Subdivision No. 3 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP-14-007 as presented in the staff report for the hearing date of March 18, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-14-007, as presented during the hearing on March 18, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-14-007 to the hearing date of (insert continued hearing date here) for the following reason(s); (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Chinden Boulevard, west of N. Ten Mile Road in southeast'/a of Section 22, Township 4 North, Range 1 West. B. Applicant/Owner: Brighrton Investments, LLC 12601 W. Explorer, #200 Boise, Idaho 83713 C. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer, #200 Boise, Idaho 83713 Spurwing Orchard No. 3 FP-14-007 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat depicts sixty-three (63) single-family residential building lots and four (4) common/other lots on 25.85 acres of land. The gross density of the proposed subdivision is 2.43 dwelling units per acre with a net density of 3.67 dwelling units to the acre. The average lot size 11,844 square feet. All of the lots comply with the dimensional standards of the R-4 zoning district. The proposed open space consists of the Chinden Boulevard street buffer, 8-foot wide parkways adjacent to the local streets and two (2) passive open space lots. Overall open space totals 4.57 acres which is approximately 19.2%. The proposed open space is consistent with the overall project open space. Because the number of buildable lots is the same and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (AZ-13-009 and PP-13-021) applications for this subdivision. 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of the City Engineer's signature on a previous final plat, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The applicant shall a preserve Lot 77, Block 1 for the fiittue expansion of Chinden Boulevard (SH 20/26). 5. The final plat prepared by The Land Group, stamped on January 30, 2014 by James R. Washburn shall be revised as follows: a. Note #15: Insert recorded instrument number. 6. The landscape plan prepared by The Land Group, dated February 3, 2014, shall be revised as follows: a. Since the unimproved street right-of--way along Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, Lot 77, Block 1 shall consist of a 10- foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Coordinate with ITD on the ROW landscape improvements. Prior to si~natm•e on the final plat, the applicant must obtain Plannin~Division approval of an alternative comnliance annlication to deviate from the landscape requirements noted above as set forth in UDC 11-SB-5. b. The perimeter fencing along the boundary of Lot 7, Block 6, and Lot 14, Block 7 shall be 4- foot solid vinyl or 6-foot open vision fencing as set forth in UDC 11-3A-7A7b. Submit a detail fence plan in compliance with this requirement. Provide three (3) fill size copies of landscape plan with the afore`nef2tioned clraizges prior to obtaining CitJ~ Engineer's signature on the final plat. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary Spurwing Orchard No. 3 FP-14-007 PAGE 2 EXHIBIT A prior to release of building permits for this subdivision and/or provide written documentation that scheduled trash pick-up will occur during construction of the proposed development. 8. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Prior to final plat signature, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 11. Prior to signature on the final plat, a public pedestrian easement for the multi-use pathway along Chinden Boulevard shall be submitted to the Planning Division of the Community Development Department and approved by the City Council and recorded. 12. The applicant shall comply with the submitted home elevations approved with the prelvninaiy plat. 13 . Prior to signattire on the final plat, the applicant shall submit a final approval letter fi•om the Street Naming Committee approving the street names for the proposed subdivision. VII. GENERAL REQUIItEMENTS 1. The applicant shall install sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the pr>lnaiy source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. Applicant shall coordinate the connection with United Water of Idaho. 4. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Any existing domestic well system within this project shall be removed fiom domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Spurwing Orchard No. 3 FP-14-007 PAGE 3 EXHIBIT A 7. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 8. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 9. A letter of credit or cash sm•ety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 10. All development improvements, including but not limited to sanitary sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-12-3H. 17. Compaction test results shall be submitted to the Meridian Building Department far• all building pads receiving engineered bacl~ll, where footing would sit atop fill material. 18. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 19. The applicants design engineer shall be responsible for inspection of all irrigation andlor drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 20. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 21. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existuig street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Spurwing Orchard No. 3 FP-14-007 PAGE 4 EXHIBIT A 22. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 23. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total consh•uction cost for all completed sewer, water and reuse infiastruchu•e for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 24. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. VIIL EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 4/23/13) C. Proposed Final Plat (dated: 01/30/14) D. Proposed Landscape Plan (dated: 02/03/14) Spurwing Orchard No. 3 FP-14-007 PAGE 5 EXHIBIT A Exhibit A -Vicinity Map N., `Q t, ~ o ~~~ ~= m ~ L ~l~•luU~, __ ~j ~`~\1111 f~~~LTI'~~~_ i ~ ~1' l ~ / '~~ ,~~of ~ =< __ ~~~ =a~~ ~ ~~~ ~. ~ `I -- - I _ ~ r ~ L_ ~ ~ ~- ~' - -~ ~ ~. { .'1 ~'-- ~~ ;~ m '_ ~ _ _ _ _ ~ ~ ~~ ~~~ - ~ ~ ®~ - ~' ~ ~~ 'l-bra. _ ~i~i. _ ® ~!~ ~~ 1 ~ ~ ~~ r ~{{~' i ~,~ ~ ~~, r ~ r~~E ~. ~~~~~ ~ ~ ~; IMF`-~ r~rr~~~-~ ~~ ~-r_,~~ -- Spurwing Orchard No. 3 FP-14-007 PAGE 6 EXHIBIT A Exhibit B -Approved Preliminary Plat (dated: 4/23/13) ~~ ~TpicaI ACRD Street Section ! i ~ t I~ j ~ i ~'~` e Soep •~S ov •n ~ 50 . O Ei KS O O ©,O, O ~ ~. : \ ~ ~' ~~ _ ~ < `°~ c ~ ~ ~ ~ <, ol ~~ ', o'~o o ~o 0 0 o Ee.. ( _J ~~ ~ ~~ O B[OCN B y - © o - - J ~ o .~ ~r RR.. ~¢t' ~°v ~ CLOCK l Qv c, \ 3 ~.. p O. O O d ~ ,~. .~ .. r ~ ~ ~ ' .,. , J ~i• .._ ~ ~ ~ aJ~ ._ ...___ te- __ _ _ r a~Li f sF4x1 \ '--- _- ,, ~~ Notes i tdr ~. ~ S ~f!' !{ s sa .-.av+es~~~ .a ~w r?axx~ ! t~i ~,~, , m ~, ~~.~u~~nxr~,< i!t ~ ~~r ~,,,uw,.~~ _. .. ~i i__ ~~ ~ ~ _ rm rc ~~B ' ~ c -~,_ =' m o K 1 -- ~ ~ ~ N e° \ ~ ~ ..u,a x. ., ~. /` T r. ~ ~ 1 .. i ~¢ N ~- ! m ~ ? 1- ~ dvrnerslMWkanto: ~ ®;, ~ a~ t ~ ~ ~ . ~ eerdca P~rovkfgrs, a~ i a r ,,, ' r ~ $k Pre5mtnarv Piat Oavelopment Featwes: ® ~ ~ a~ ~~% ~ ~eG'a ~C ' _ .... OV ~ ~ }_ " ~ ~~ E 5EO811d L r na d u ~ 4 i ~ ~ ~ ~._ ~ " d i. ~n aY ___ ___ ~i ~ f f ~ ~ X11 t - -- ~ _ w rwr _ mr ,3I, ~. _. ~`~_.__._ _ -- ._._ ,-.. tiff ~ ,.r fY.v':y SAYFihi _ _~- ~ -"6Z szl _ _ ~~ _ _ rm S~•t 6fl BR ° _ ~. c ¢ r,1 ~f ~~r yaf' ~, ,_ ,# Pre6minar Plat „, t ~~aao ~ ~ ~ >' - ~;~~ ~.~ Spurwing Orchard No. 3 FP-14-007 PAGE 7 EXHIBIT A Exhibit C -Proposed Final Plat (dated: 1/30/14) SPURWING ORCHARD SUBDIVISION N0.3 ~~~~ C18FMitR R1113J1'.a'3 lS2 !31 [1 u~nc~ d PUfrvINO GP[EPS SUB OIbI SIGN tl0. 2 1 ~ 1 SPUdH1YG' fRf E116 6U8i IlI51GN gO.IP ' c.Reuet: EL"1tP,T lE~itl &~ CStt,{ Gi/~t p11N f mr ,t !Viii IN. »' /iq Y tkrc~ u!^.: .v 't fl "z' 4YMi'R Utt U r }[FF N7 m cro ~ [rl N ZeYr 4'rts f ' KSr T Srn"r i ~ 3^.tA 1 t% Un P.'~tlq W'CiH Nrv Ba°tNt N'A W ilY !}~tY WYYit ilx tN N!t+ r3tlnl£ i[If UrR e.nv r.el. ~^Li 0$U NOTE: 1. Eft SM,EEt10F~piP FXIfESAhV lE6"[h'0 ti 8 _. ~E31r~`lalta _ _ _ _¢- _ _~ ~ _ _ _ _ - IsfIiSS'Nffifr:4 W.doff&RIl19.phlidlfl partrSrN t>n.as~ ~C. 7 +ar a~r c~•~y~ ////J/J'~ f"\ ~ ~w (/ dA 0 ~ /(3~~ C < .`~ ~~ THE LAND lGROUP 7 80 ~ ¢..~mn t-nn-wp~Y Eft fF ~' ._ f=5Y9fr, laaluc•~• S~Jr (0. ~Rb.N`~ a SI..1. It rn z r4xc o i ul,~elani,;raerlrr rt.-r Spurwing Orchard No. 3 FP-14-007 PAGE 8 EXHIBIT A N:xhibit 1). -Proposed I I ~~ Plan (dated: UZ/U3/14) _ B~a11 ~anK.~~ ,fi _ ., sa f e_ w r~~/ ~ i ~ - - ~~ ~~ _ ACNBt Ntt~a~laa Bassasy___ ~ 1 ~ ~ --. ~. ~~ ro O~ ~_ .P _. ~ c~ O I -- I ~BatwlacaaIIeen uaaa~yuka»a~q _ I ' Vic= InltyM==~--__ --- o A ®_ I I, ~ ~11 ( 0 1 I: I B I 1 _. o I _ 11: __ _~. 1'............ I', ~ I'. I' , I 1 is I' I I '_~_J _. r~ ~~~-t~( ff w' •1 y Y~ ~ -_~ _ , ~-~ 1 I ~ I ~1 taahcaOe Bulla(CE•wdaa Bk4 ~~i ~~ ~I ai r~. ,~ ~ sl -~6 ~. . j- ° - -~------- _ - ~~ W&saa a Bem ri [aA tahaM1Ca - o ~J.>..a. ~c~~ =~ ~~~ N N u) ~I a ~ b N ~~q G E N -'~~~' 1 54 _J I 55 - i I_„ ~~ lr ---- __ is Vicinity Map f~ ~ _ ~ - ~ ... 'E y ~ g ~ 1 ~ II ~ z= ~ ~ ~ 7 ~ ` ., '. N ~ I c~ ~~ ,1-; ~- 14 f, ~ , . ~ ~ '~ ~~ ..i ~D_J 10 ~~ ~~,, `~`~ L.`~ 13 - . ~ ~ r •~ ~' ~, ~~ F Csi) / i ~ ~1"''r 4- ~ . ~'~ -i , . ~_ , ~ 65 L r~ ~ ~~ r 1_ , ~_ , ~ ... ~ _ t ,_ fi f .'1 x 1 ~~~ ~ l .-~ - ~ ~ ,~Jl , i _ _. _ rti ~ "t ~ _ __ -- _. ~ \\\ \\ to ~ ~, W. Chinden Bivd. Hwy 20126 c' 1 N 'p M C om m~ a ;, e yy~ v# S A d ts~gq ~•E ~N .i~ Spurwing Orchard No. 3 FP-14-007 PAGE 9 EXHIBIT A ~~ _._~ _.. I ~ r eca j r a L ~ ~ ~~ ~~r .~~, ~.~ erg. "" - /.,1lete~Ga9 Po>m 60rU Easi Fada(r FleraVea Y't o ...: _- T i._u.._i. ~ -~-~ ~ n. ~ s {{'' ~n nJv ' grian.~:xef RP Ca `~'1 ~a0 SeeiMs ~~ 'p~ M .~ .r ~ to ~ e c C'~ O ~~ ~ ee' yHO V °m °a v~'i p6 ~ E N r Spurwing Orchard No. 3 FP-14-007 PAGE 10 ~1 Retsbbq Watl EBrlh FaaOa Fleratbr dill Parsons Bill, 1 was out of town last week without access to the information required to respond with greater clarity on our two specific concerns; so I would like to do so in advance of the Council's consideration of our request for continuance at tomorrow evening's meeting. First -Preliminary plat Condition 1.1.1,b states that the "applicant shall dedicate an additiona130 feet of right-of--way (70 feet total) as proposed on the plat and as requested by 1TD far Chinden Boulevard (SH 20/26)." We did not pick up the distinction between the "preservation" language of the staff analysis on page 4 (",boxed"below) of the November 19, 2013 Council hearing staff report and the condition term "dedicate." ® "Encourage and promote the preservation and expansion of Chinden Boulevard (US ZO/26) by ITD (3 A3.02L). The applicant must coordztrate witli ITD on the preservation of right of way (ROW) along the Chinden cof•rido~•. The total ROPY neededfor this segment of co3•ridor is 140 feet. The subfnitted plans depicts Lot 64, Bloelz I which provides the 30- feet of adc~itio~ial (70 feet total fi•ojn centerline) RDW. The final plat preserves the required additional 30 feet of future right-of-way as Lot 77, Blocl< 1(see attached final plat) in accordance with ITD's requirement but does not "dedicate" it to ITD. It is, therefore, available for acquisition by ITD in the future when Chinden is widened. a Requested condition 1.1.1.b modification: Replace the ward "dedicate" with "preserve." Second -Preliminary plat Condition 1.1.2.c concerning "shoulder" improvements does not talcs into account the existing condition of .Chinden along the frontage platted and improved with Jayl<er No. 1. The second attachment shows the gravel shoulder along the 1319-foot Jayker No. 1 frontage and the proposed 739-foot frontage of Spurwing Orchard No. 3, We believe that the conditioned "lawn or vegetative ground cover" along the Spurwing Orchard No. 3 frontage will present a maintenance challenge as compared to the adjacent gravel shoulder. o Requested condition 1.1.2.c modification: Deleted the requirement for any shoulder improvement except gravel As noted in my prior message, wehave along-standing hearing conflict tomorrow evening and will not be able to attend the Meridian City Council meeting, thus, the need to continue this matter. Respectfully, Michael Wardle Director of Planning Brighton Corporation ri ian ify uncil tin T :April 1, 2014 IT U 6L J 1-008 ITEM TITLE: S®LTRRA Final Order for Approval: FP 14-008 Solterra by Conger Management Group Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Four (4) Commercial Lots, Forty-Three (43) Residential Lots and Eight (8) Common/Other Lots on Approximately 16.22 Acres in an C-G, L-O and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MSTA D TO AGENCYO APPLICANT I NOTES I INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 3 COMMERCIAL LOTS,1 CHURCH LOT, 43 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 8 COMMON LOTS ON 16.22 ACRES IN THE C- G, L-O AND R-15 ZONING DISTRICTS BY: CONGER MANAGEMENT GROUP, LLC APPLICANT HEARING DATE: MARCH 18, 2014 CASE NO. FP-14-008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 18, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SOLTERRA SUBDIVISION, LOCATED IN THE SE'/a of SECTION O5, T.3N., R.lE., MERIDIAN, ADA COUNTY, IDAHO, 2014, BY RUSSELL E. BADGLEY, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions set forth in the staff report to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLTERRA SUBDIVISION (FP-14-008) Page 1 of 3 the Mayor and City Council fiom the Planning Division and the Development Services Division of the Public Works Department dated March 18, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Jim Conger, Conger Management Group, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLTERRA SUBDIVISION (FP-I4-008) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the l~~- day of ~-~r,~ , 2014. y. ~~~.~, B Tammy de Wcerd Mayor, Crty of Meridian Attest: o~o~~,~QO n u~ ~~ r ~, r~ w ,-_~_-___ n rj ,-~ cry at ~ ~Ip~41 tf C1~ 5 A7 ~ .~~:.[y u 4, n v FtT P~ Fn, ~, ~~rkc TR4p5~Q Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. ~-By' _ Dated: ~ ~' / ~ C~ l ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOLTERRA SUBDIVISION (FP-14-008) Page 3 of 3 EXHIBIT A STAFF REPORT Hearing Date: TO: FROM: March 18, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 i .~ -- SUBJECT: Bruce Freckleton, Development Services Manager 208-887-2211 FP-14-008 -Solterra Subdivision I. APPLICATION SUMMARY The applicant has applied for approval of a final plat consisting of 3 commercial lots, 1 church lot, forty- three (43) residential lots and eight (8) common/other lots on approximately 16.22 acres of land in the C- G, L-O and R-15 zoning districts. IL STAFF RECOMMENDATION Staff recommends approval of the proposed final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP-14-008 as presented in the staff report for the hearing date of March 18, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-14-008 as presented during the hearing on March 18, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-14-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of E. Fairview Avenue and N. Hickory Way, in the SE i/4 of Section O5, Township 3 North, Range 1 East. (Parcel #5110543815) B. Owner: Capital Christian Center 2760 E. Fairview Avenue Meridian, ID 83642 C. Applicant: Conger Management Group 1627 S. Orchard Street, Suite #24 Boise, Idaho 83705 Solterra - FP-14-008 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat depicts three (3) commercial lots, one (1) church lot and forty-three (43) single-family residential building lots and eight (8) common other lots on 16.22 acres of land. The property is zoned C-G, L-O and R-15. The gross density of the single-family portion of the development is 7.85 dwelling units per acre. The average lot size is 3,604 square feet. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-13-037). Because the number of buildable lots and common area is the same, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDCl 1- 6B-3 C.2. VI. SITE SPECIFIC CONDITIONS Applicant shall meet all terms of the approved comprehensive plan map amendment, rezone, preliminary plat (CPAM-13-002, RZ-13-015 and PP-13-037) and recorded development agreements (Instrument No.114011562) for this subdivision. 2. The applicant has until February 11, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to the City submittal, the Idaho Professional Land Surveyor preparing the plat shall stamp, sign and date each page of the final plat map, incfiding the Certificate of SLU•veyor. 5. Revise the notes on the face of the plat prepared by Timberline Surveying, by Russell E. Badgley, prior to signature on the final plat by the City Engineer, as follows: • Add a note that references the recorded development agreement (Instrument #114011562). • Depict a 10-foot wide landscape easement on Lot 5, Bloclc 1 adjacent to N. Solteri•a Way. • Depict a 20-foot wide landscape easement on Lots 2 and S, Bloclc 1 adjacent to N. Hickory Way. • A note shall be added to the final plat that states the cross access drive across Lots 2-5, Block 1 are for the benefit of said parcels and the property to the east for ingress/egress. • Add a note on the plat the states Lot 12, Block 2 is for the benefit of Lots 13-17 for the purpose of ingresslegress. All prope~•ties that abut the common driveway shall take access from the driveway unless separated by a minimum 5-foot wide landscaped common lot. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. • Remove Lot 1, Block 1 from note #8 and include Lot 1, Block 2. • Add a note to the plat that states Lot 1, Bloclc 1 shall owned and maintained by an owner's association or in lieu of the common lot plat a 25-foot wide landscape easement which is to be maintained by the lot owners. The landscape easements on Lot 5, Block 1(church lot) shall be maintained by the owner. • Note #9: Insert instrument number. 6. The applicant shall comply with the submitted landscape plan prepared by Mychal Gorden Design, dated November 6, 2013, with the following changes: • All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common Solterra - FP-14-008 PAGE 2 EXHIBIT A areas from the private areas. Where the buildable lots abut internal common lots fencing must either be 4-foot solid or 6-foot open vision. Provide a detailed fence plan prior to obtaining City Engineer's signature on the final plat. Install the proposed landscape improvements and provide a10-foot wide pathway within Lot 1, Block 1. The width of the buffer shall be measured from the ultimate curb location as anticipated by ACRD. The detached pathway shall have an average minimum separation of greater than four feet (4') to back of curb. The revised plan shall depict the ultimate right- of-way as anticipated ACRD to ensure the required 25-foot landscape buffer is being provided in accord with UDC 11-3B-7C. If the unimproved street right-of--way along Fairview Avenue is 10 feet or greater from the edge of pavement to edge of pathway or property line, and street widening project is not in the transportation authority's five year funded plan, unimproved area shall consist of a 10- footwide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Coordinate with ACRD on the ROW landscape improvements. • Provide a detail of the swing set required on Lot 1, Block 2. • All common open space and site amenities shall be maintained by a homeowner's association as set forth in UDC 11-3G-3F1. • Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Include the tree mitigation plan on the revised plan. • Construct Lot 14, Block 1 as proposed. The micropath proposed to the church is a secondary emergency access. The parking area south of the micropath must be striped and "No Parking" signs installed to prohibit parking in this area. Coordinate with the Meridian Fire Department on the signage requirements. • Construct a 7-foot wide landscape buffer adjacent to the north boundary of Lot 5, Block 1 in accord with UDC 11-3B-9C. • Any landscaping near the construction zone must remain protected. Provide three (3) frill size copies of landscape platy fvith the aforemetrtioned changes prior to obtaining City Engineer's signature on the final plat. 7. Graphically depict a 4-8 5-foot wide Permanent Public Utilities, Drainage, and Irrigation easement along the west subdivision boundary of Lot 13, Block 2, and a minimum 3-foot wide Permanent Public Utilities, Drainage, and Irrigation easement along the east subdivision boundary of Lot 28, Bloclc 2. 8. Graphically depict which lots in Bloclc 1 will have 0-foot wide Permanent Public Utilities, Drainage, and hrrigation easements, and then delineate a minimum 3-foot wide Permanent Public Utilities, Drainage, and Irrigation easement on all others. 9. Graphically depict a minimum 3-foot wide Permanent Public Utilities, Drainage, and Irrigation easement along the side lot lines of all lots in Block 2 and Block 3. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. Solterra - FP-14-008 PAGE 3 EXHIBIT A 11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 12. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 13. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 14. The applicant shall submit a fmal approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 15. Prior to issuance of a bnildiiig permit for the commercial lots and the single family attached homes, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application. 16. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 17. Prior to signature on the final plat, a public pedestrian easement for the multi-use pathway along Fairview Avenue shall be submitted to the Planning Division of the Community Development Department and approved by the City Council and recorded if located outside of the public right- of-way. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACRD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signahue. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. Solterra - FP-14-008 PAGE 4 EXHIBIT A 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered baclcfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium sheet lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as pa1•t of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must inchide the Solterra - FP-14-008 PAGE 5 EXHIBIT A area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water• Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a siuface ar• well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP-13-037) C. Proposed Final Plat D. Proposed Landscape Plan (dated: 11/06/13) Solterra - FP-14-008 PAGE 6 EXHIBIT A Exhibit A -Vicinity Map ~/ICIM1Mt~/ map Legend ~ ,'' ~r ® l ~~ Area of Impact L !L I ii~ l~Qakt~'est D i z Print Date: 3/4/2014 0 0.1 0.2 Miles tf The infonnntion shovm on Nis mop is compiled from ~ ~ vorious sources and is subject to constont revisbn. The City ffi of bleddion mokes no wanonty or guarantee as to the y content, occurocy, timeliness, or completeness of ony of the ~ data provitled, and assumes no legal responsibility for the a ffi g information conloined on Nis mop. :, - ~ -~ - -- i --- I ` _ F Village Dr _ , ~ ~ a T J ~. t r '_ ~ r w r z _ . _.. ~ ~ r e ! E Longwin>~ n ___ ,` `,.._._ ~ r ! I ~ ~~ - ~ ~ ---_.1- ---j \ iI orenc~e ~~ Q,~ };I' n r -, Jam} ~° ('.V_~S ~.7 - Solterra - FP-14-008 PAGE 7 - ~ ~- I~E Fairview EXHIBIT A Exhibit B -Approved Preliminary Plat (PP-13-037) SOLTERRA SUBDIVISION ~ ~~• d J.L4 FT r. 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(lI ~ F rl,1 to Cr{? ~ ~ .,~,~ i f3'b.1;v 11 °~:. ~ '' ~//// • I ! - 1 ~ , : ~ ~ , #~m u. 7`.~t~\} `:Y. `. ~4 I .sm rer. 1~ , •~ `\ ~+ ~1 n ~ • ~~ ~, 7}: Noaf {iwh C4Ti: i4R 1- w w. •a ~. iN34 b r 'IEt i Rya f T°~;1.'r'~~i~` ~I 4'~I. I~ ~.tin.• I n ~n vun nsls ~a C 5 ~ ~ j ~ K 4 IL P •C` t i I ~ Im ~ ! t _ .Ia °' ~ '~ ,, . ` _.~ 1 _, 4 ~---- 1 ' ri,.r.l ~ 'rye` - ~I~ ~-~ ~- • ?`~ ua~ e ww ~x -0. ~ Ala., ~ _ t- ' t ' I ~ ~ 1 ~}' .~ _ .r. ~o~uaxra ~ #nrmoa ~ 1 ~3 • ~~ ~ ~~~ ~- ~ --- 'F I C1;• i j ~ ur ran 0 . _ I I ~ 1 ~~ J ~. ar awurar.w~~/rcnora ~ fiy[WWq'Yp#4# 15M. #!WY1#tt _ Solterra - FP-14-008 PAGE 8 EXHIBIT A Exhibit C -Proposed Final Plat FINAL PLAT SHOWING FOR ~~-. pA~_ S~IJ~TERI~~ SL)PI~IVI~IC~1~] - I~I~A~~ 1 A PGRTIGN OF THE SOUTHB'EST 1/a GF 7HE SOtJ1}IEAST 1/a, OF SECTION 5, '4? 4 i' - %f' TDNTSHIP 3 NOKTH. RANL'E 1 EAST, H.EL, s:uc r.fuo' CITY OF I.~RIU(aN, PJ)A COUNTY, IDAHO _ _ -zDfa- ~w ~ I fA r~ Ez, rwFl'awzs~ ~ ... J. . iav I I _ - - ~~ U Fei uit ._ . ' i ~ I 1 . 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ELOO.f ARE ZOnv:D Ca GCa - s, ~~~ I I II CCM1tERCtAt t@E O'L*Y LOTS, FtOCHI F'•k:FO t-0fOR UWTED CfFxE SPACE 04tY. • ~\ I ~I )i LOTSfAND R.BLO:h LLOTS IIAMJ 12BLNHa IOTG lMrO Ie.ELO[lJ A210 LOT ?. et _,_-___----__.._. ___ ~.-\\\ I I OCHA ARE DE31MiATEDA3CCE+AIO:JAREA AAE NOl:-0U'tDARELOT3A4DARE \ i ~ I I OJRta ANO WPIfAN'ED 6Y TH£HMtEGANEA5A5^s0[An0?i.. \ \\ ~----~.!,/I I I~ 9. All LOt4 YWSHM i?Ai SVe0:n3kli ARE3UEJECTTO THEDEVFtOF?AFNTAGRFEMEM , P ______ I REC00..£DAi IN31RW!EYT ND. Rin1E ALU COU4T'PECGP.DEA3 CFfkE. ', ~ ~~`--------~ it ~ 1 . II ~txarI RARRarvnofmrTd: 1 I RDgt 7J, PA!£ 7551 I 1 -- --J ( EI _____ II L___ _..__ 'S r ----- A'o's•~rr /'~"a nu u r!v autrrcm,rv+ E ,~. 1 '~~ .-..__ N ` `~-~{I '_''... __ _- -~_ _~~Y IENIGI NNE ERS~ c E. fA nvlrew AvteuE ~ ?[M6E1tLINE sueve_v_oRS SURVb P{ANNERS ttRx mTU x'A smE tNUln.Lm MM-I6;-'.6st .F~:i NO. 1.IG'3f R'i£J I CY' b Solterra - FP-14-008 PAGE 9 EXHIBIT A Exhibit D. - PY•oposed Landscape Plan (dated: 11/06/13) I 1 1 I I i .~ .Two:,. ® .es om ~ -~, .'i- ~ ~ ! a ~~ ~ ~. ~~~ .~.m.. :K :~ .. . ` ~ H ~+ww wra.vm va wam a+~ maarw Ic SHOIH[ERS ` I _ f____ _ ~ ~ '. .s ~ ~~ ® wr ~.t . OU RS I I j ~ I ~ ~ I m•ue ~r wrm wv.•r. wwvvv la wv+. . . _ ._ ___ __ ~ I ~ 7Eff Ut{OBOAPE Mdl+l o~xapw 1 _____ w9ltuiR3- ~. ~-____ _ ¢.Ex RAm ~ ~ ________ '. i 1 _ ..__..l_ I 1 ___ _.______ _ ....w.o...w.ewsr ww9.m.w+roi ra RASN O°""~ . u a +~a~ 1u.~w r sxu~oxmsw _ . T '. - _'~ ftN1 1 ' fYJH EBr.[ I . 1 _ -_ -_.. __________.}-- I 4___ ________ I 1 ~ ~~A w 9 ~ wwa~ wr+mnMU.ueuaw '~~w®~mws.wovm•www aw.n.wmwwovmw Ana wu~mtw~eC°wgYww.E°°aH Own awawmwvraaw+m _____ ___. . YhID~ ~ `.1 ~ I fiie.tiVf _ ___. _ ~ s ~ ~ i fTH~_. . ___ __ _ mn ~ I L z_ 6 I ~ _. ~ '_ ~ ; , .-- .w... '~,~ I-cl Itl ~ ~ w - - i i I I i 1 ~Y ..., f ~ ~~ 1 I a e.. . a I i I 1 I I I I 1 I ~ 1 I 1 I I I ~ ~ ~~ <' i i i i i i i I i1 r{i,.,~~ ~ a • a W. ,,, '~' ~' ~ 1 '' ~ ~ ~ `~=~1~ ~~L~' ~s-~ u` 'x 5 r Y1 t\ 1 ~{~h~ ( ":3 Y • G i y -a= . • . • a {, WWCW.ACWis4V ELL. g1WrE- TTTTTikkii"''' ; L1 .0 ~._. I I I i I i 1 1 1 ~ __ _ -- J ~ mww 4wrab. esm ~~Jfr i -- - - - _ :.; ~i O I mr wws®w vx wa EN41N[ER9 -- -:- ,._ +. '-~, ~ - ~~~~+~~-- ~~~ ® ®® EUflVEYOR$ IEANNfRi ~ i ' ~ w...~ d~ ~.~... ~....mm ... .... ^.°r.^„ ------ I a I I ~ I menu EaE~s [urosowv~ EtA! ---------- I ~ ----------- f------ --- i I ~ ---------- ~ «m , be: ~ .umw.a ~r n~M.w.. ..:~..,... s,..w...w. r- ---- - ' ~ j ~ I ___--_-_- -- ----- ----------- ~ - - ----- ~ - , ' ~ °~~, ,. a~ .... b aam.,.e,,. evwmR e.p ~. ~.< ms~..~w°~...wwwww. I i ' ~ I 1 -- _- _ - _ I _ --- I ---- -- ------- -- -- - g __._ ._~ ~ I ._ ___ _ ___~ ____ Y.__ __ _ .~ I 1 f f ~; w ~~ :ti, y w>r '. !~~..ve - N ~ R ~ _ .. .. _. u y _ __ _ _ __, , - e; ~~ - i l l ~ l l c _ I l l l l ! I i I I I I I 1 I I I 1 + y ~ I I 1 I 1 ~ 1 1 I I I I ' 1 1 1 1 1 1 1 I I I I I I I I ~ I I I ~ i l l l l l l I I 1 nl 1 I 1 I 1 I I I __ __ , ___ __ I , ,I ~ ,, '' ! ; i I { ~ , ~ i I~ ~ ~; ..~~.... ....... EAS.SaE+E.SCgr ... . L1.1 Solterra - FP-14-008 PAGE 10 EXHIBIT A .._ -~ i ' ~ ~----•- i I ~ u .~... a .~. ~, ~ ~~ ot, ~ ~ -i EM.OINEERS . -E- { ~ i ~, i ® ® SURVEYORS PEAR. CRS . is `~ ~ =i ,~ ~ ~ 6 I I ~~ ~ G ~~ ~ ~ ~ Q~Q • \\ C ~ ~ , ' % ,. .., E.~ - 1\ %' ~ ~ .~ N P ~`.s ~ ~. _._,.,_. _.e_._.___aTM~_.._.____a_. - ~• ~ ~ ~ - az J ~yv_ \1~ti~ i ~ ~ 1 ~ 6 4 <..,, ~ -- '.,~ ,- . __ .__tL o ,roe - -____ ti_ ~ __. ._ ,._ __ E ,,. ®... 2 L1. Solterra - FP-14-008 PAGE 11 1/ ~® ~ 'e F~ryed 1~a~gement ~ Site @~mlt ~ Cansl~u~flon Management March 13, 2014 City of Meridian -Planning and Zoning Department Bill Parsons 33 E. Broadway Ave. Meridian, ID 83642 Re: FP014-008 - Solterra Subdivision Dear Mr. Parsons, We are in receipt of the Staff Report for this above referenced project. We are opposed to the condition in Section VI -Site Specific Item #7: We do not concur with a requirement of a 10' easement along the west boundary of Lot 13-2. In a discussion with Bruce Freckleton, Director of Community Development, it was agreed upon that a 5' Permanent Public Utilities, Drainage, and Irrigation easement along the west boundary of Lot 13 Block 2 would be acceptable. Please make sure that this modification makes its way into the staff report or the packet for the Mayor and City Council. Thank you for your consideration on this matter, please contact me with any questions at 208-713-2527. Sincerely, Jim D. Conger President JDC/dj ~-i i n iy until ~l®n 1° :April 1, 2014 I lJ 6M J T . ITEM TITLE: 5~4LE ~4ND PURCHASE ACREEIVIENT i4CHD Sale and Purchase Agreement for Ada County Highway District (ACRD) Surplus Property "Parcel 23" Adjacent to City Well 19 for a Cost of $18,000.00 MEETING NOTES ~~. ~,_... Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO I AGENCYO I APPLICANT I NOTES INITIALS Mayor Tammy de Weerd City ouneil emberfe loe Borton Keith Bird Luke Ca~ener Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of City Council FROM: Kyle Radek DATE: March 21, 2013 SUBJECT: SALE AND PURCHASE AGREEMENT FOR ACHD SURPLUS PROPERTY "PARCEL 23" ADJACENT TO CITY WELL 19 FOR A COST OF $18,000 L RECOMMENDED ACTION A. Move to: 1. Approve the Sale and Purchase Agreement for "Parce123" for a cost of $18,000. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barty, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg ound Public Works owns and operates Well 19 near the intersection of Ten Mile Road and Ustick Road. Council approved funding in FY 14 to design a treatment facility at Well 19 to remove iron and manganese from the water before distribution to customers. ACHD recently completed improvements to the intersection of Ustick and Ten Mile Roads which required the purchase of several parcels including "Parcel 23" which is approximately .06 acres adjacent to the east side of the Well 191ot. B. Proposed Project The Public Works Department would like to purchase the surplus property from ACHD. The purchase will essentially add an additional 30 feet of width to the east side of the well lot. The addition of this area will enable the design and construction of a treatment facility. Without the additional area, alterations in the design of a treatment facility would probably need to be made that would sacrifice treatment capacity, site access, or other project needs. Public Works staff believe that the cost of the surplus parcel is minor compared to the benefit of improved treatment facility design and construction. Page 1 of 2 IV. IMPACT A. Strate ig c Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infi•ash•ucture needs. B. Service/Delivery Impact: Acquiring this parcel will enable the successful design and construction of Well 19 Water Treatment Facility. C. Fiscal Impact: This acquisition will cost $18,000 and will be paid for with funds in the land acquisition budget. V. TIME CONSTRAINTS ACRD is offering this parcel to the City as an adjacent property owner. If the City does not agree to purchase the property now, the property will go to public auction. VI. LIST OF ATTACHMENTS A. Sale and Purchase Agreement ~a_ ~' Approved for Council Agenda: ~~ . ~ ~-~---~~ - . d .. Da Page 2 of 2 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and entered into this day of 2014, by and between ADA COUNTY HIGHWAY DISTRICT ("ACRD"), a body politic and corporate of the state of Idaho, and CITY OF MERIDIAN("Buyer"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "Closing Date" shall mean , 20 (b) The term "Deed" shall mean the form of deed attached hereto as Exhibit "1" (c) The term "Property" shall refer to that certain parcel of real property described on Exhibit "A" to the Deed. SECTION 2. Recitals. 2.1 ACHD has determined that the Property is not needed by and no longer useful to ACRD and has the statutory authority to sell the same. 2.2 For the price and on the terms and conditions hereinafter set forth, Buyer is willing to purchase the Property from ACRD and ACHD is willing to sell, grant and convey the Property to Buyer. SECTION 3. Agreement to Sell and Purchase. ACRD hereby agrees to sell, grant and convey the Property to Buyer, and Buyer hereby agrees to purchase the Property from ACHD for the price and on the terms and conditions hereinafter set forth. SECTION 4. Purchase Price; Closing; Possession. 4.1 The purchase price to be paid by the Buyer for the Property is EIGHTEEN THOUSAND DOLLARS ($18,000.00). 4.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to ACHD of Buyer's cash or cashier's check drawn on a national bank or state of Idaho chartered bank made payable to ACHD in the amount of the purchase price in return for the delivery to Buyer of the Deed, duly executed by ACHD and acknowledged in form suitable for recording. Buyer shall be entitled to possession of the Property on receipt of the executed Deed. Deed, page 1 (5-27-08) S:\Surplus Properties\3595 W. UsticklSSale Contract & Sample Quitclaim,Doc SECTION 5. Property Taxes. ACRD is exempt from any liability for property taxes on the Property for the current year and a tax proration is not appropriate to this transaction. SECTION 6 Conveyance "As-Is" without Warranty. The parties hereto agree that ACH®'s conveyance of the Property to the Buyer is "as-is" and without warranty of any kind, express or implied. SECTION 7. Waiver of Defects. The Buyer hereby waives any and all defects concerning the purchase and sale of the Property whether procedural or substantive. SECTION 8. Remedies for Default. In the event of the failure or neglect by either party in the performance required under this Agreement, the other party shall have all the remedies available under the laws of the state of Idaho for breach of a contract, including the remedy of specific performance. SECTION 9. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees, expended or incurred in connection therewith and in connection with any appeal, and the same may be included in the judgment. SECTION 10. Incorporation of Exhibits. It is agreed that all exhibits to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors. SECTION 12. Time of Essence. Time is of the essence of this Agreement. SECTION 13. Entire Agreement. This Agreement and the Exhibits attached hereto constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 14. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. Deed, page 2 (5-27-08) S:\Surplus Properties\3595 W. Ustick\5Sale Contract & Sample Quitclaim.Doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ADA COUNTY HIGHWAY DISTRICT: By: Bruce S. Wong Title: Director CITY OF MERIDIAN Y By: Title: +': EXHIBITS "1" Deed, with legal description of Property attached. EXHIBIT "1" Deed, page 3 (5-27-08) S:\Surplus Properties\3595 W. Ustick\SSale Contract & Sample Quitclaim.Doc X~IIIT "1" 3N1W Seca C~UITCLAIM DEED THIS INDENTURE, made this day of , 2014, ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTOR", and CITY OF MERIDIAN, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR does hereby convey, release, and quitclaim to the GRANTEE all right, title and interest in and to that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (collectively the "Premises") The current address of the GRANTEE is: 33 E. Broadway Avenue Meridian, Idaho 83464 IN WITNESS WHEREOF, this Deed has been duly executed by and on behalf of GRANTOR, the day, month and year herein first above written. ADA COUNTY HIGHWAY DISTRICT ~m,-t ~, ,w, .- ~,. By: I ; -~ 1. ,~_m __ k John S. Franden, President Attest: Bruce S. Wong, Director State of Idaho ) ss. County of Ada ) On this day of in the year 2014, before me, a Notary Public in and for the state of Idaho, personally appeared John S. Franden, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, and Bruce S. Wong, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at nny Commission expires: The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 9964 and related regulations and directives. ACRD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Deed, page 2 (5-27-08) S;\Surplus Properties\3595 W. Ustick\QUITCLAIM DEED.Docx Ada County Highway District Project No. 310023 Ustick and Ten Mile Road Intersection ® Parcel 23 Rentaindej° Parcel I3esef°iption A parcel located in Government Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said Government Lot 1 fi•om which a brass cap monument marking the northwesterly corner of the NE'/4 of said Section bears N 89°07'11" W a distance of 2640.71 feet; Thence N 89°07'11" W along the northerly boundary of said Goverrunent Lot 1 a distance of 285.88 feet to a point on the extension of the easterly boundary of ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 1 as shown in Boolc 73 of Plats at Page 7488 in the office of the Recorder, Ada County, Idaho; Thence leaving said northerly boundary S 0°24'02" W along said easterly bowidary a distance of 61.00 feet to the POINT OF BEGINNING; Thence continuing S 0°24'02" W a distance of 92.00 feet to an angle point in said boundary; Thence S 89°07'11" E along said botmdary a distance of 30.12 feet to a point; Thence leaving said boundary N 0°24'02" E a distance of 92.00 feet to a point; Thence N 89°07'11" W a distance of 30.12 feet to the POINT OF BEGINNING; This parcel contains 2,771 square feet (0.064 acres) and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS °~~~~ Civil Survey Consultants, Incorporated ~` ~1 yj ~~~ ~ ~ February I , 2011 °~ ~~~ ~ ~Ci~2 ,a ~,•~ ~i i n iy nil in ;: s Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTLAED TO ( AGENCO I APPLICANT I NOTES I INITIALS n n v 1 r~I~~ ~: ® ~ ~ ~ i I ~~ ~~ r ~ ~,I ~ ~i~ {~ ll~P I~l ~ t ~~ t ~~~ ~ J!~. 1 ~_ ~~ ~~r Meridian Seftlers Park CABLE®NE M®VIE ~1IGIIT IN MERIDIAN 2014 SI~IGI,E®NIGIIT SP®I~S®RSIIIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE-NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this ~ day of 6 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and RC Willey, whose address is 3301 East Lanark Drive, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. SinglemNight Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single-Night Sponsor of City's August 15`x, 2014 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single-Night sponsors in the CableONE Movie Night in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 14, 2014, Sponsor shall prepay to City three hundred and fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely mamler as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Cab1eONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a raincheck to Sponsor for redemption as a Single-Night Sponsor in the following season. City shall. make all decisions regarding scheduling. In the event that the Cab1eONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to Cab1eONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single-Night Sponsors in the Cab1eONE Movie Night in Meridian 2014 Sponsorship Packet, attached hereto as Exl2ibit A. MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 1 Of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the Cab1eONE Movie Night in Meridian 2014 Sponsorship Packet attached hereto as ExJiivit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre-approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September l , 2014, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2014 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion ili scheduling and/or cancelling Cab1eONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of Ciry. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person fi-om CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy ar• any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to ctue the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. ~1o compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Cab1eONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others dm-ing the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be madeby City. 1 L Indemnification. Sponsor specifically indemnifies City and holds Ciry harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of Ciry or its employees. Sponsor further agrees to indemnify and hold Ciry harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE-NIGIIT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all 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 Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City of its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure 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. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. hlon-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. 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, 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. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the telms and conditions of this Agreement, the prevailing parry shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, intelpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. 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 bylaw shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and ail notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: S~~onsor: Katie Vaage Katie.vaage @rcwilley.com Clty: Colin Moss cmoss C~meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONS®I2: 1 ~'/ r Authorized Representative Signature Please Print Name CITY ®F MEIZII)IAN: BY: Title Date ~R,~~(iC~ ~ Ur'Ls, ~4 A E~T: G~ '~ ~~ City of ~~jg~'~~`.1111~'' 1'~a 5 _ Tammy ~ele Uleerd, Mayor ~ ~ 7a~ ~~ . _ ,,., ~, .~.,, °f ode TRL~S~~ loran, i y Clerk MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 5 of 6 eri i n iy ®unil a tin T :April 1, 2014 IT U 7A J T lJ o ~TEnn TITLE: n~YAC uP®ATE Mayor's Youth Advisory Council Update MEETING NOTES ~.__.. _. L.2~d,~~ - ~ m C` ~ M`~ 1~ SS Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTLn,ED TO I AGENCOY I APPLICANT I NOTES I INITIALS ~i i n ity ncil fin T :April 1, 2014 I $ ©-'~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS r® ian ity until tin Continued from March 25, 2014: Public Hearing: PP 13-042 Centre Point Square by Center Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of Land in an R-15 Zoning District DATE: E-MAILED TO I SENT TO I SENT TO NOTES I INITIALS STAFF AGENCY APPLICANT ~i i n itjr nil t® T :April 1, 2014 I 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTLAED TO I AGENCY APPL CANT I NOTES INITIALS ri i n ity uil satin :April 1, 2014 IT 10A J T ITEM TITLE: FIRE DEPARTMENT BUDGET AMENDMENT Fire Department: Budget Amendment for Apparatus Repair for the Not-to-Exceed Amount of $19,068.00 DATE: I E-MSTLAED TO AGENCO I APPLICANT I NOTES INITIALS C1 W d IT1 ~~ ~~ N m ~ 3 ~ d ~ 7' .`~ ~. ~_p ' ~ _' N ~ Q, W OJ ~° ~ Q, (D ® 3 d ~ ® m Chi = <~ O ~ o Q ®~ ~ ~ ~ d C ~ ~ f~D •~ ~ o~lca' ~ ~ ~ 4 n ~ d ~ ~ '1 ~ ~ ~ ~ ~ C N d ~ ~ ~ (fl ®a ~ ~ M = C O M ., ~ ~ ~ S ~ ' ~ ~ cv N O C .~ c o ~ 3 ~ ~~ ~ fD C fw (C y d~ A~1 C n~ ~ ~ ~ ~ "' Oe ~ Ci Q '' W p~ i' ~ W C y ~ ;~ O ~ C ~ d ffl N ~ O o C N ~ ~ n ®- ~ ~ ~ O N ~ Q O yi ~' ~1 ~ ~^` W n ~ ~. 1"P _~ rh C? c a tD (D C 7 S], v b a ~_ q~q MN ;,, ~, zed ~sy w~~ w o vBi n n u e. 2 ~ ~ ~' a ~ 3 K n o ~® ~ c w 4' a x 3 n R a n a u ~ ~ ~ ~ a ~ ~ 3 n o. c qua o 3 m `n av~ ~ n K_ g ~ ~ n 9 r '~ ~7 m~ ~ ®, a ro O_ ~ C n ~ T ~, Sf c M 9 ~ 9 m O ~ aN W o _a ~ ~ p a N m °q _ m "$d v n ~ s ~? s vs ^_ iv 3 $ n S a a v 0 A w 0 O N [~ N T ,: ~~ ~~ o c ~. w oni ~c a ~ ~. a t N 6 n n 7 i a N e: fl w rz n a d'', ry 4 ft aC W R 3 A w 2 CP 6 n P V A a 0 =. 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'o ,R ~ ~ ~ ~ ~ ~ ~ CD ~. d a d n Vj D ('] C O p ~ G N. t~/ t~ V~ d ~• D fCl tLa 7 cn w_ ~ ~ o m O N Z N _~j ~ ~ ~ ~ ~ C C ~ ~ ~ C7 ~ O ~ i°: p T m N ~ ~ ~ ~. p W O 0.1 ®, c~' ~ ~ y o 61 N a `" `'~ '~ '~ O W ® _ O ' N ~ ~ D a r a -a j 0 ' W W W ry pp i :~ D p ~ ~ 7f ~ ~ ~ _ C a fD ~. ~ ~. f D ~ C ~ ~ fC' <D fD ' ft~ tD ~ ~ , W ; U7 E CJ ' 9 W ~,~ b9 to ~ 69 EA y cs ~ ~ ~ 0 3 ~' a ~ o m o o a o ~ o ~ 0 0~ 0 0 -~ _ s 1 m i K n ~ ~ N m ~ m D m m z ~ ~ n a "Pl 7 d m v C'7 O -~ C C W ~? m~ a PT7 D m -i n `~ GP '~ ~ m y r r ® , ' V ~ ~ 0 ! ~ y 'V ~ ~ fD lD ro N ~ n ~ y N ~ N ~ ( ~-~ p/ C z z z z m 0 0 0 0 z ~ °h ~ N w ~ W ~: N ~ ~ ~' n ri i n iy until satin T :April 1, 2014 IT' lJ 11 J ITEM TITLE: FUTURE MEETING TOPICS Future Meeting Topics MEETING NOTES b~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO ( SENT TO I NOTES I INITIALS STAFF AGENCY APPLICANT r~®i n iy uil in T :April 1, 2014 I1' lJ 12 1' . ITEM TITLE: EXECUTIVE SESSION Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MSTAFF TO I AGENCOY I APPNICANT NOTES INITIALS