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2014-07-22�E IDIAN-- CITY COUNCIL REGULAR IDAHO MEETING.AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 22, 2014 at 6:00 PM 6:05 PM Roll -Call Attendance X David Zaremba X_ Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Jake Lopez with Calvary Chapel Not present 4. Adoption of the Agenda Adopted S. Consent Agenda Approved A. Approve Minutes of July 15, 2014 City Council Meeting B. FP 14-033 Biltmore Estates Subdivision No. 1 by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Six (6) Common / Other Lots on 10.92 Acres of Land in the R-4 Zoning District C. FP 14-032 Reflection Ridge Subdivision No. 3 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road D. Continued from July 15, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District E. Final Order for Approval: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District Meridian City Council Meeting Agenda —Tuesday, July 22, 2014 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Quitclaim Deed from the Idaho Transportation Department for Permanent Easements Required to Maintain City. Sewer Infrastructure at the 1-84 Meridian Road Interchange G. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Leonard Huskey Estate H. Fiber Optic Easement for Public'Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Tumble Creek Homeowner's Association Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Bridgetower Homeowners Association J. First Amendment to the St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian K. Temporary License Agreement with Ada County Highway District for Installation, Maintenance, Repair and Replacement of Parcel 163 Artwork - UNDER THE SUN AND DREAMING L. Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Item removed from the Consent Agenda and moved to Item 6 M. Approval of Change Order No. 2 to Task Order 10432 for "Ustick Road Utility Improvements" to Civil Survey Consultants, Inc. for the Not -to - Exceed Amount of $22,648.10 N. License Agreement with COMPASS for Installation of Redundant Equipment at Meridian City Hall O. Resolution No. # 14-999: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent Records Of The Meridian Public Works Department; And Providing An Effective Date. P. Approval Of Award Of Bid And Agreement To Pipeline Inspection Services, Inc For The "Sewer Manhole Retrofit And Line Repair 2014 " Project For A Not -To -Exceed Amount of $87,650.00. Q. Award of Bid and Approval of Agreement for the "Meridian Heights Water Meter Project" Vacated from the agenda Meridian City Council Meeting Agenda — Tuesday, July 22, 2014 Page 2 of 5 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. R. Amended onto the Agenda: Approval of Professional Services Agreement for Instructor Services for Self -Defense Classes with Alexandra Breshears at No Cost to the City S. Amended onto the Agenda: Approval of Professional Services Agreement for Musical Talent for Concerts on Broadway with High Street Entertainment for the Not -to -Exceed Amount of $3,500.00 6. Items Moved From Consent Agenda Item 5L moved here: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Item discussed and moved to the end of the agenda as Item 11 by motion 7. Action Items A. Community Development Block Grant (CDBG) PY2014 Action Plan Public Hearing B. Resolution No. # 14-1000: Resolution to Approve the Community Development Block Grant (CDBG) PY2014 Action Plan Approved C. Public Hearing: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District Approved D. Public Hearing: PP 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Lot on 4.93 Acres of Land in a Proposed R-8 Zoning District Approved E. Public Hearing: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District Approved F. Public Hearing: PP 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Lots and Five (5) Common/Other Lots on 6.58 Acres of Land in the R-8 Zoning District Approved G. FP 14-031 Heritage Grove by Green Village Development Located NWC of N. Locust Grove Road and E. Ustick Road Request: Final Plat Approval Consisting of Thirty -Three (33) Single Family Residential Lots and Ten (10) Common Lots on Approximately 6.81 Acres in the R-15 Zoning District Approved Meridian City Council Meeting Agenda — Tuesday, July 22, 2014 Page 3 of 5 All materials presented at public meetings shall become properly 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. H. Public Hearing: RZ 14-004 Citadel If Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Request: Rezone of 5.44 Acres of Land from the R-4 (Medium Low -Density Residential District) Zoning District to the C -C Zoning (Community Business District) Zoning District Approved I. Public Hearing: CUP 14-007 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Drive Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of Thirteen (13) Buildings on Approximately 4.8 Acres of Land in a Proposed C -C Zoning District Approved J. Public Hearing: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District Continued to August 19, 2014 K. Public Hearing: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Continued to August 19, 2014 L. Public Hearing: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty - Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Continued to August 19, 2014 M. Public Hearing: PP 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Preliminary Plat Approval of Twenty (20) Buildable Lots and Three (3) Common Lots on Approxmately 4.28 Acres in the C -G Zoning District Approved N. Public Hearing: CUP 14-006 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eighty (80) Dwelling Units (20 Four-Plexes) on Approximately 4.28 Acres in the C -G Zoning District Approved O. Public Hearing: MDA 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Amend the Recorded Development Agreement for the Purpose of Excluding the Property AND Creating a New Development Agreement to Govern the Proposed Timbergrove Subdivision Approved Meridian City Council Meeting Agenda — Tuesday, July 22, 2014 Page 4 of 5 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. 8. Department Reports A. Adoption of the Tentatively Proposed Revenues and Expenditures for Fiscal Year 2015 for the Amount of $93,757,229 Approved B. Approval of the Amended Revenues and Expenditures for Fiscal Year 2014 in the Amount of $91,485,197 Approved C. Legal Department: Agreement for Professional Services with Corbett Auctions and Appraisals, Inc. Approved D. Legal Department: Resolution No. # 14-1001: A Resolution Setting Forth Certain Findings and Purposes to Authorize Sale at Public Auction of Firearms in Custody of the Meridian Police Department due to Abandonment, Impound, Leaving, or Release from Attachment. Approved 9. Future Meeting Topics A. Selection of Date and Discussion Regarding a Joint Meeting with City of Kuna in Regards to South Meridian 10. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Amended onto the Agenda: Executive Session per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code 11. Item 5L moved from Item 6: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Approved Into Executive Session at 8:57 PM Out of Executive Session at 9:25 PM Adjourned at 9:25 PM Meridian City Council Meeting Agenda — Tuesday, July 22, 2014 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council July 22, 2014 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, July 22, 2014, by President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, Joe Borton, Genesis Milam, David Zaremba and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Bill Parsons, Sonya Watters, Kyle Radek, Tracy Basterrechea, Parry Palmer, Lori Den Hartog, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener Mayor Tammy de Weerd Rountree: I'm going to call the Tuesday, July 22nd, Meridian City Council meeting in session and first thing on the agenda is roll call. Madam Clerk. Item 2: Pledge of Allegiance Rountree: Thank you. If you would join me in the Pledge of Allegiance, please. (Pledge of Allegiance recited.) Item 3: Community Invocation by Jake Lopez with Calvary Chapel Rountree: The next item is a community invocation. Is Jake here this evening? I don't see him. Item 4: Adoption of the Agenda Rountree: Seeing he is not present, then, we will move on to the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 2 of 69 Bird: On the agenda, Item 5-L, we would like to pull to 6-L and also on 5-0, the proposed resolution number is 14-999. 5-Q has been asked by staff to vacate this item from the agenda. Have been asked to, please, amend onto the agenda under 5-R, approval of professional service agreement for instructor services for self-defense classes with Alexandria Breshears at a no cost to the city and also add 5-S, please amend onto the agenda approval of professional services agreement for musical talent for Concerts On Broadway with High Street Entertainment with a not to exceed amount of 3,500 dollars. Under Action Items, 7-13 is proposed 14-100 for resolution. Let's see. And Item No. 8-D, the resolution proposed is 14-101 and also on Item No. 10, the Executive Session, we have (1)(f) and we want to add (1)(d). With that I move that we approve the amended agenda. Zaremba: Second. Rountree: It's been moved and seconded to approve the agenda. Any discussion? All those in favor of the motion signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of July 15, 2014 City Council Meeting B. FP 14-033 Biltmore Estates Subdivision No. 1 by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Six (6) Common / Other Lots on 10.92 Acres of Land in the R-4 Zoning District C. FP 14-032 Reflection Ridge Subdivision No. 3 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road D. Continued from July 15, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District E. Final Order for Approval: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District Meridian City Council July 22, 2014 Page 3 of 69 F. Quitclaim Deed from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange G. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Leonard Huskey Estate H. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Tumble Creek Homeowner's Association Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Bridgetower Homeowners Association J. First Amendment to the St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian K. Temporary License Agreement with Ada County Highway District for Installation, Maintenance, Repair and Replacement of Parcel 163 Artwork - UNDER THE SUN AND DREAMING M. Approval of Change Order No. 2 to Task Order 10432 for "Ustick Road Utility Improvements" to Civil Survey Consultants, Inc. for the Not -to -Exceed Amount of $22,648.10 N. License Agreement with COMPASS for Installation of Redundant Equipment at Meridian City Hall O. Resolution No. # 14-999: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent Records Of The Meridian Public Works Department; And Providing An Effective Date. P. Approval Of Award Of Bid And Agreement To Pipeline Inspection Services, Inc For The "Sewer Manhole Retrofit And Line Repair 2014 " Project For A Not -To -Exceed Amount of $87,650.00. R. Amended onto the Agenda: Approval of Professional Services Agreement for Instructor Services for Self -Defense Classes with Alexandra Breshears at No Cost to the City S. Amended onto the Agenda: Approval of Professional Services Agreement for Musical Talent for Concerts on Meridian City Council July 22, 2014 Page 4 of 69 Broadway with High Street Entertainment for the Not -to - Exceed Amount of $3,500.00 Rountree: Next Item is Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the Consent Agenda Item 5-L we want to pull to 6-L off the Consent Agenda. Item 5-0 the resolution number is 14-999. 5-Q has been requested to be vacated off the agenda. 5-R has been added. And 5-S has been added. And with that I move that we approve the amended Consent Agenda 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. Any discussion? Hearing none, roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Item 5L moved here: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Bird: Okay. We are at Item 6, which now is Item 5-L. Is there some discussion or questions that would like to be brought up? Borton: Mr. President? Rountree: Yes. Borton: Looking at the contract and I don't know if Caleb maybe can answer, maybe not. We just had the task with regard to the city-wide strategic plan process with that consultant contract -- if it was discussed in my absence I apologize, but it wasn't clear to me what the role of the City Council is specifically as far as being an active participant in explaining that plan or more of a recipient, having it presented to us. So, I didn't know if there was anyone who could answer that question better than what the scope itself says. Meridian City Council July 22, 2014 Page 5 of 69 Nary: Mr. President? Rountree: Mr. Nary. Nary: Mr. President, Members of the Council, Council Member Borton, I know we have discussed it at length in the formulation of it. Chief Niemeyer and Bruce Chatterton from Community Development are the ones that had actually met with the consultant and negotiated a scope and I guess I would ask if the Council wouldn't mind you could put it to the end of the agenda. I think the Mayor should be here by the end of the agenda, I think she has probably the most knowledge of how the process is going to work that would include the City Council as well. But I'm sorry 1 don't have more specifics than that, so -- Rountree: Further discussion? Bird: I have none. Rountree: Have a motion to move that to the end of the agenda, which would be Item 11. Bird: Mr. Chairman -- Mr. President? Rountree: Mr. Bird. Bird: I move we move 6-L to Item No. 11 on our agenda. Borton: Second. Rountree: It's been moved and seconded to move Item six -- 5-L to Item 11 on the agenda. All those in favor of the motion signify by aye. Opposed? MOTION CARRIED: ALL AYES. Item 7: Action Items A. Community Hearing Rountree: Action items. Community Block Grant. Lori. Den Hartog: Thank you, Mr. President, Members of the Council. I'm here this evening to present our 2014 annual action plan for the Community Development Block Grant program. I was here before you at the end of May discussing our priorities for the upcoming year. The action plan year will start on October 1. Our priorities for the coming year -- we have two. We are looking to do public facility improvements and projects within the low to moderate income area of the city and public facility improvements that address the conditions contributing to the deterioration of the area. Meridian City Council July 22, 2014 Page 6 of 69 That will be the primary focus of our CDBG expenditures for the upcoming program year. CDBG funds will also be invested in public service activities that serve and will benefit our low to moderate income residents of the city and will advance a suitable living environment. So, these are allocations for the upcoming year, we have our administrative expenses at just over 40,000. We have 3,000 dollars allocated for our fair housing outreach and education and I will go into a little bit more detail in just a minute on these. Under the suitable living environment we have one public facility project, which is a fitness path at Meridian Elementary School, which is a public school here locally right in the downtown area for 50,000 dollars. We have two public service activities. We have hunger relief through the Meridian Food Bank at 27,000 dollars and we have homeless case management with CATCH, which is Charitable Assistance To Community's Homeless for 18,000 dollars for case management services. We did -- we are planning on maxing out our 15 percent cap on public service dollars with those two projects. And, then, our final project, which as you can see takes up the bulk of our allocations for this year. It's a public facility project to do fagade improvements to the Meridian Community Center here in our downtown area for 162,000 dollars. I don't know how well the map shows up. You can see the boundary of our defined LMl area within the city. Fairview is the northern boundary. Locust Grove is the eastern boundary. Linder to the west. And, then, as you can see it's kind of an L shape along Meridian Road there. So, some of these -- the community center takes place within our urban renewal area, which is an important consideration for the type of project that it is and the other two -- as you see the impact takes place within our LMI area in its location just across the road. And, then, I have also highlighted the CATCH program, because they have offices in what is now the West Ada -- and let me get that right -- the West Ada School District. Make sure I said that right. School District No. 2. Have offices there. So, a little bit more detail on the program activities for the coming year. The dollars allocated for the food bank will be used to purchase food that will be distributed directly to persons and families in need here at the Meridian Food Bank location. Currently the food bank serves approximately 4,500 people each month. They have received funding in the past and they have been a wonderful sub recipient for us. They have a lot of tracking and a great deal of information gathering that the need to be able to comply with the grant and they have been a very solid sub recipient for the city. The next item is a new one. We talked a little bit about this in May. It's Case Management Services with CATCH, which is Charitable Assistance To Community's Homeless. These funds will be used to pay for increased staffing time. There is one CATCH employee currently serving the homeless families in Meridian. CATCH is -- is an organization that houses homeless families first and provides intensive case management to address the issues contributing to the homeless episode and prepare that family for self sufficiency. So, these funds will allow this organization to increase their services in Meridian and sere more families. The activities are the public facility activities. The first is the Meridian fitness path, as I mentioned before. The plan is to invest 50,000 dollars to construct a quarter mile path in the west field at Meridian Elementary School. The path will be composed of blacktop surface loop and scientifically designed station base exercises, which will also be ADA accessible. And the path will also serve as a pedestrian connection between 4th Street and Pine Avenue and Northwest 1st. And, then, the final public facility finally is the fagade improvements Meridian City Council July 22, 2014 Page 7 of 69 of the Meridian Community Center. The plan is to invest 162,000 dollars to design and construct those fagade improvements for that facility, which is currently owned by the city. And we have program administration. Our allocation is capped at 20 percent. We do have -- this is the highest year of the dollar amount funding that we have had. I was trying to recall what last year was, but we are just over 300,000 this year and we have been keeping our administration expenses consistent, so they are just 13 percent for next year's administrative costs. And the final one -- if you will recall a few weeks ago you had a presentation. Mr. Jerome Mapp came over and discussed the Fair Housing Awareness campaign that the City of Meridian has partnered with Boise on and so the fair housing outreach and education is 3,000 dollars and some of those funds are used to go towards the campaign that we partner with Boise and Nampa and the dollar amount there will go towards -- we have some training there -- the landlord training that we will do with the city of Nampa next year as well. So, that's what those funds will be used for. The public comment period on the action plan was opened on June 16th. I did receive written comments from Beth Geagan on behalf of the Boise City Ada County Continuum of Care, which the city of Meridian participates and the comments were related to our fair housing action plan and participation in the CIC housing working group. The comments were consistent with our participation in that group and we have incorporated the comments into the action plan in Section 6 and 8. And I will leave it now if we have anybody here in the audience that would like to provide additional public comments and those can be incorporated as well and, if not, then, I will go to the last slide. Thank you. Rountree: Thank you. The public testimony period is still open. I have not received anybody signing up wishing to testify, but is there anybody out there that would like to? Seeing none. Go ahead. Den Hartog: Okay. With that I would ask the Council to close the public hearing that was opened on June 16th for the 2014 action plan and to adopt the 2014 action plan as presented and to direct staff to submit the plan to HUD for their review and approval. Thank you. Rountree: Thank you. Any questions? Bird: I have none. Milam: Mr. President? Rountree: Mrs. Milam. Milam: I move that we close the public hearing on 7-A for the Community Development Block Grant 2014 action plan. Zaremba: Second. Meridian City Council July 22, 2014 Page 8 of 69 Rountree: It's been moved and seconded to close the public hearing on Item 7-A. All those in favor signify by aye. MOTION CARRIED: ALL AYES. B. Resolution No. # 14-1000: Resolution to Approve the Community Development Block Grant (CDBG) PY2014 Action Plan Rountree: We are now at 7-B. Milam: Mr. President? Rountree: Yes. Milam: I move that we approve resolution number 15-1000, the Community Development Block Grant 2014 Action Plan. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-B, the block grant action plan. Any discussion on the motion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. C. Public Hearing: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District D. Public Hearing: PP 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Lot on 4.93 Acres of Land in a Proposed R-8 Zoning District Rountree: I will now open the public hearing for Item 7-C and D. That would be for the Archer Farms Subdivision annexation and preliminary plat. Staff? Watters: Thank you, President Rountree, Members of the Council. The next application before you is a request for annexation and zoning and preliminary plat. This site consists of 4.93 acres of land. It's currently zoned RUT in Ada county and is located at 4660 North Meridian Road. The request for annexation and zoning is for 5.2 Meridian City Council July 22, 2014 Page 9 of 69 acres of land with an R-8 zoning district. A preliminary plat is also proposed consisting of 20 single family residential building lots and one common lot on 4.93 acres of land for Archer Farms Subdivision. The proposed gross density of the subdivision is 4.06 dwelling units per acre, consistent with the medium density residential future land use map designation. The average lot size is 7,759 square feet. There is an existing home, barn, and accessory structures on the site that are proposed to be removed. Access is proposed via two existing stub streets in Solitude Subdivision at the east and south boundaries. No access is allowed by North Meridian Road. A 25 foot wide landscape buffer is required along North Meridian Road. There is an existing seven foot wide attached sidewalk along Meridian Road. The Unified Development Code requires detached sidewalks along all arterial streets, but because the sidewalk is relatively new and was constructed to allow safe pedestrian access to the school to the north and it is seven foot, rather than five feet in width. Staff is not recommending the sidewalk is removed and replaced with a detached sidewalk. A six foot tall fence exists along the northeast and south boundaries. A new six foot tall matching vinyl fence is proposed along the west boundary adjacent to Meridian Road. There is an existing irrigation ditch that crosses this site that is required to be piped. Conceptual building elevations were submitted for future homes in this development as shown, with building materials consisting of architectural shingles, board and batten, and lap siding with cultured stone wainscot. Because homes on lots that back up to North Meridian Road will be highly visible, staff does recommend the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. The Commission recommended of these applications. Kevin McCarthy testified in favor. There was no one testifying in opposition. Angela Robertson commented on the application and Kevin McCarthy submitted written testimony. This are no outstanding issues for Council and written testimony since the Commission hearing was received from Kirsti Allphin, the applicant's representative, in agreement with the Commission recommendations. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Were their elevations of the rear in light of the comments about it being on Meridian Road? Watters: President, Mr. Borton, no, there were no elevations submitted yet by the applicant. Borton: So, Mr. President? Meridian City Council July 22, 2014 Page 10 of 69 Rountree: Yes. Borton: Is the reason for that because you can -- can you articulate from the front elevations the types of feature that you want to see that would -- Watters: No. Borton: -- I would presume correspond to the rear? Watters: That was the reason for staff's condition of approval, that when these come in for development that they -- they do incorporate those design features. Borton: Okay. Watters: Because I could only see the front elevation. Borton: Okay. Rountree: Other questions? Bird: I have none. Rountree: Is the applicant here? State your name and address for us, please. Allphin: You bet you. Can you hear me okay? My name is Kristi Allphin with KM Engineering. Address is 9233 West State Street in Boise. Sonya pretty much did a bang up job of telling you what we are doing here, so I won't really take a whole lot more of your time this evening. It's a pretty simple infill project here along Meridian Road and I will be happy to stand for any questions that you have. Rountree: Are there any questions for the applicant? Bird: I have none. Zaremba: Mr. President? Rountree: Dave. Zaremba: Just one and, actually, this may be for staff as well. Allphin: No problem. Fire away. Zaremba: In reference to the existing sidewalk, which we are apparently recommending to leave alone and -- Allphin: Out along Meridian Road. Yes. Meridian City Council July 22, 2014 Page 11 of 69 Zaremba: Okay. What -- how does that connect in the property to the north and the property to the south? Is that sidewalk continuous under the configuration that it is on your property or do we need to say something about how they will -- Allphin: Do you want that one or do you want me to take it? Watters: Mr. President, Mr. Zaremba, it is continuous to the north and south. Zaremba: I'm sorry, I didn't hear that. Watters: There is a continuous sidewalk to the north and south. I -- Zaremba: So, they already connect. Watters: -- serve as attached or detached if that was your question. Zaremba: But they do connect. Watters: But they do connect, yes. Zaremba: Okay. That was the question. Thank you. Watters: If you remember a few years ago when solitude developed the -- with the school to the north the developer put in the sidewalk along the frontage of this property, so that there would be safe pedestrian access to the school. Zaremba: Thank you. Rountree: Further questions? Bird: I have none. Rountree: Thank you. This is a public hearing on this item. I have a sign-up sheet with nobody having signed in. Is there anybody out there that wishes to testify? Do you have any final comments then? Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: Seeing that nobody wants to testify, I move we close the public hearing on AZ 14- 010 and PP 14-010. Zaremba: Second. Meridian City Council July 22, 2014 Page 12 of 69 Rountree: It's been moved and seconded to close the public hearings on Items C and D. All those in favor of the motion signify that aye. Same sign is opposed? Thank you. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AZ 14-010 and include all staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-C. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-010 and include all staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-D. Any discussion? Seeing none, roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. E. Public Hearing: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District F. Public Hearing: PP 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Meridian City Council July 22, 2014 Page 13 of 69 Lots and Five (5) Common/Other Lots on 6.58 Acres of Land in the R-8 Zoning District Rountree: Next items are Item 7-E and F, annexation for Castle Creek Subdivision and preliminary plat for Castle Creek Subdivision. Staff. Watters: Thank you, Mr. President, Members of the Council. This site consists of 6.58 acres of land. It's currently zoned RUT in Ada county and is located at 2432 East Amity Road. The request for annexation and zoning is for 6.97 acres of land with an R-8 zoning district. A preliminary plat is also proposed consisting of 19 single family residential building lots and five common lots on 6.58 acres of land for Castle Creek Subdivision. The proposed gross density is 2.89 dwelling units per acre, consistent with the low density residential future land use map designation for this site. The average lot size in the proposed development is 8,045 square feet. The R-8 zoning is requested, rather than an R-4 district for relief from dimensional standards due to the irregular shape of the parcel and the large area along the northeast boundary of the site that's covered by an irrigation easement for the Ten Mile Drain. All of the building lots along the northeast boundary have a substantial easement, up to 40 feet wide on this property for the drain. A license agreement should be obtained from the irrigation district for lots that encroach within the easement area. A portion of the site along the drain lies within the Meridian flood plain overlay district. Prior to development occurring in this area a flood plain permit application is required to be submitted and approved by the flood plain administrator. There is an existing home on the site that is proposed to be removed. Access is proposed via one public street access to East Amity Road. Direct lot access to East Amity is prohibited. A stub street is proposed at the west boundary for future extension and interconnectivity. A connection to the east over the Ten Mile Drain is not required on this site, as Messina Meadows Subdivision northeast of this site is required to provide a connection to the property to the west of this site. You can see it on the site plan up here to the northwest. The master street map contained in the Ada County Highway District South Meridian Transportation Plan depicts a north -south residential collector street along the western boundary of this site. However, because a collector street is already planned east of this site with Messina Meadows Subdivision to Ustick Road and a stub street will be provided from Messina Meadows to the parcel to the west for connection to Ustick Road, staff and ACHD do not feel a collector street is necessary to be provided on this site. A 25 foot wide landscape street buffer is required along East Amity Road as proposed. A total of 1.36 acres or 20 percent, approximately, of common open space is proposed, which is over twice the amount required by the UDC. As a site amenity the applicant is proposing an additional five percent open space over the required amount of ten percent. A segment of the city's multi -use pathway system is designated on this site along Amity Road and along the northeast boundary of the site along the Ten Mile Drain. The pathway along the drain is being constructed with Messina Meadows on the east side of the drain. The Parks Department is allowing the five foot wide detached sidewalk along Amity Road to satisfy the pathway requirement. Staff is recommending a ten foot wide multi -use pathway is constructed at the southeast corner of the site from the sidewalk along Amity north to the future pathway to be constructed in Messina Meadows. Here where the arrow is Meridian City Council July 22, 2014 Page 14 of 69 pointing. Conceptual building elevations were submitted for future homes in this development with building material consisting of architectural shingles, three different types of siding, with stone accents. Because homes on lots that back up to East Amity Road will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in material, color, modulation, and architectural elements, horizontal and vertical to break up monotonous wall plains and roof lines. The Commission did recommend approval of these applications. Dave Yorgason testified in favor. No one testified in opposition or commented. And written testimony was received from Dave Yorgason on this application. Key issues of discussion by the Commission were the street frontage requirements for Lot 3, Block 2, and that is the second lot in right here where the arrow is pointing. Outstanding issue for the Council. The application requested that Lot 3, the lot where the arrow is pointing, is allowed a reduced street frontage from 50 feet to 39 feet. The code reads the properties with street frontages on cul-de-sacs or approximately -- key word -- a 90 degree angle, are allowed to be minimum of 30 feet measured as a cord measurement per the UDC. Staff interpreted that it was approximately a 45, therefore, required 50 feet of frontage be provided. If Council disagrees with that interpretation they can address that with the applicant. No written testimony has been received since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: Just a minor thing. When you were talking about the residential collector street, which will be off site just to the west of this, you made a couple references to Ustick Road and I would clarify that I think you meant Amity. Watters: I did mean -- Zaremba: Amity. Watters: -- Victory, actually. To the north. Sorry about that. Yes. Zaremba: Okay. Rountree: Additional questions? Is the applicant here? Yes, he is. David. Good evening. Yorgason: Good evening. Mr. President and Members of the Council, for the record my name is Dave Yorgason with Tall Timber Consulting. I'm here representing the applicant Northwest Ventures, who is the owner of the property. Appreciate the staffs Meridian City Council July 22, 2014 Page 15 of 69 report and presentation. I believe staff covered all the issues. To clarify a couple of items, if I could, please. First of all, the frontage is Amity Road on our south boundary. Not Ustick. But just for the record it is Amity Road. Secondly, as was stated, there is a large irrigation easement along our northeast boundary. It's extremely large. In fact, in some places it covers about one hundred feet from the center of the ditch to our property, which is not normal. We have a huge easement in this area and so it's been a large burden for us to try to develop around. In addition to, you know, this site is enabling the sewer trunk line to the south in the southeast part -- southeast part of the city. Having said that, there is larger sewer easements that are also a greater encroachment on this little six and a half acre parcel and there is access onto -- in the road -- we have a couple different layouts, but the highway district and others encouraged us to use that word, encouraged us to have the access road as far east as possible, so this is the layout that we came up with after a few iterations. Having said that, those first two lots on, as you approach into the development, Lots 2 and 3, are both substandard with less than 50 feet of frontage. That have kind of tweaked and pushed. We think we can make one of the lots work at less than 50 -- to make it 50 feet of frontage. However, we do ask for the Council's consideration for waivers to at least have Lot 3 -- our pie in the sky preference would be both lots, but we really do hope that at least Lot 3, Block 2, could be allowed to be less than 50 feet of frontage. The specific condition in the staff report is 1.1.2A for your reference. And it does call out both lots two and three and if the Council is open to that allow that Lot 3 to be 39 feet of frontage as shown. Those are all the items. I will just address them at that point. Don't have any more to add. I would stand for any questions you may have at this time. Rountree: Questions? Milam: Mr. President? Rountree: Mrs. Milam. Milam: Dave, my -- my concern with this is that -- it's something that has come up a few times just in the last few months that I have been here and that's when we annex something at a higher -- at a higher zoning and, then, a project doesn't happen and the property gets sold and is a completely different project. I like your project. I like that you -- your density is low, but I'm still somewhat reluctant to just make it an R-8. So, how close to this project are you? Yorgason: Council President Rountree and Councilman Milam, how close are we to starting? And I will answer a few other questions I heard indirectly in there, too. The sewer is on the way for the sewer. Messina Meadows Phase Five, I believe it is, their phase five, has already been submitted to the city, has been approved by the city, a final plat and, plus the construction drawings. That brings the sewer to our boundary. After that, then, it's working -- moving forward working with builders, developers, others in the process -- well, builders -- in the process of building it. We have not started construction drawings. We are just waiting for that next step to take place before my client would be wanting to move forward with that step. We do know of at least two Meridian City Council July 22, 2014 Page 16 of 69 already approved developments south of this site that are waiting for the sewer trunk line. Black Rock and White Bark. So, we know there is a significant interest and need for the sewer trunk line to move forward and by approving this tonight it allows us to get the sewer through that process to our southwest corner, so that they can, then, pick it up from there and move it forward through White Bark and Black Rock. To address your question with regard to density. The Comprehensive Plan for this site is low density residential, which is less than three units per acre. We are not asking for more that three -- in fact, it's 2.8, 2.9 dwelling units per acre. The reason for the R-8 is to have relief, again, primarily because of the irregular shape of the site. About 28 percent of the site is dedicated to open space. It's just a very irregular shaped site. So, the reason for the R-8 is to allow for smaller lots. Not to have higher density, but to have smaller lots. Also the development to the north, Messina Meadows, is R-8. So, we are equal to what their current zoning is. It's just more for a development standard relief, not for higher density. I hope that answered that question. Milam: Yes. Thank you. Yorgason: Thank you. Rountree: Further questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: Can you talk a little bit about the elements in that southwest portion of the lot with that drive aisle -- is that the right term for it? What's taking place there and how are they all -- Yorgason: Sure. Council President and Councilman Borton, that is a common driveway. It serves two functions. One is access for the three lots in the southwest corner. Again, due to the irregular shape we can't even get a cul-de-sac, it's just small and tight, so this is a creative usage of existing code where -- I have to defer to staff, I think it's either four or six homes are allowed up to that number on a common drive. We are showing three. The second primary is after lots of discussion with staff here, the Public Works staff, engineering staff, in trying to find the proper alignment for the sewer through the site and to maintain the grade as high as possible through the site and to maintain the right grade as you go forward onto the parcels off site. The sewer trunk line will run through the common driveway and you can see further to the west -- well, both sides of the common driveway, the green portion is whiter than your normal driveway and that is to allow for the additional easement use for Public Works for that sewer trunk line. Borton: Mr. President? Rountree: Joe. Meridian City Council July 22, 2014 Page 17 of 69 Borton: So, those three houses that take access to that common driveway would be able to use it, park vehicles upon it; correct? Yorgason: Council President and Councilman Borton, use it for access, yes. Parking on it is not something we support and it's not allowed parking there specifically for the sewer, Public Works, to insure the access there. Borton: I understand that, but it seems like you would have those three homes, parked vehicle, guests, boats, RVs, on a driveway that's adjacent to two -- two other homes? It would have a driveway directly out their side windows, that the three homeowners to the southwest would be permitted to do it as they please. Is that right? Yorgason: Council President, Councilman Borton, this is just like any other common driveway throughout the City of Meridian and so it's built to a certain width to allow for access, but it's not allowed to have parking on both sides. That would not be allowed here. But where do guests park? Maybe to get to your question there. They can park in the driveways to those homes. There will be room there also. As well as the public street out in front of the homes out further away. Borton: Okay. Thanks Rountree: Further questions? Thank you Yorgason: Thank you. Rountree: This is a public hearing for these two items. Does anyone wish to provide testimony? Do you have any further comments, David? Yorgason: For the record, Dave Yorgason. The only additional comment I might add with regard to the waiver of Lot 3 having frontage, is it was an item of significant discussion with the Planning and Zoning Commission and all of them were either not concerned or supported the idea, but they recognized it was a decision by the Council, not the Planning Commission, and so I just offer that, again, for your consideration. I didn't hear any discussion with you here about that, but that's just adding an additional piece of information for you. Rountree: Okay. Yorgason: Thank you. Rountree: Any discussion? Further questions? Borton: Mr. President? Rountree: Mr. Borton. Meridian City Council July 22, 2014 Page 18 of 69 Borton: If there are no other questions or comments, I would move we close the public here on Item 6-E and 6-F. Rountree: It would be seven. Borton: Or, excuse me, seven. 7-E, 7-F, AZ 14-009 and PP 14-009. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearings on Item 7-E and F. Any discussion? All those in favor of the motion signify by aye. Opposed? Very good. MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: I think -- I think this is an extremely challenging piece. I think Dave has done a good job with a tough piece and he brought up some of the concerns with it, some of the challenges on lot street frontage, some of the challenges that the irrigation provides. I think Councilwoman Milam brought up some good points with regards to the density issues on R-8 versus R-4. Again, it's a smaller lot. I think it constrains what would be able to be done here. It sounds like there might be some portion of the drive to move this forward to accommodate some sewer issues further south, which I appreciate as well. But it's not a project and a plat and an annexation that I am supportive of at this time for those reasons. Rountree: Further discussion? Bird: Mr. Rountree -- or Mr. President? Rountree: Mr. Bird. Bird: With no discussion, I would move forward with -- I would move that we approve AZ 14-009 and include all staff, applicant comments. Cavener: Second. Rountree: It's been moved and seconded to approve Item 7-E. Any further discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milan, yea; Cavener, yea. Meridian City Council July 22, 2014 Page 19 of 69 MOTION CARRIED: FIVE AYES. ONE ABSENT. Watters: President Rountree, excuse me. May I clarify that motion? Did the Council mean to go by the staff report and require the minimum street frontage on that Lot 3? Bird: Yes. Watters: Thank you, Mr. Bird. Rountree: Okay. Item 7-F. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-009, include all staff and applicant comments. Cavener: Second. Rountree: It's been moved and seconded to approve Item 7-F. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milan, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE NAY. G. FP 14-031 Heritage Grove by Green Village Development Located NWC of N. Locust Grove Road and E. Ustick Road Request: Final Plat Approval Consisting of Thirty -Three (33) Single Family Residential Lots and Ten (10) Common Lots on Approximately 6.81 Acres in the R-15 Zoning District Rountree: The next item is final plat for Heritage Grove. Your turn, Bill? Parsons: Sorry. Mr. President, Members of the Council. The next item is the Heritage Grove final plat. The primary reason why this is on the agenda this evening is the applicant did not get his response to me in a timely fashion and, therefore, I did receive it this afternoon. He is in agreement of the -- all the conditions of approval and I would mention to Council that the submitted final plat and the landscape plan is consistent with the approve preliminary plat in which you acted on a few months ago. So, staff is recommending approval of that -- of this subdivision or this final plat this evening and I will stand for any questions you may have. Rountree: Any questions for Bill? Meridian City Council July 22, 2014 Page 20 of 69 Bird: I have none. Rountree: Okay. Could I take a motion for this? Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we approve Item 7-G, FP 14-031. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-G. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. H. Public Hearing: RZ 14-004 Citadel 11 Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Request: Rezone of 5.44 Acres of Land from the R-4 (Medium Low -Density Residential District) Zoning District to the C -C Zoning (Community Business District) Zoning District I. Public Hearing: CUP 14-007 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Drive Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of Thirteen (13) Buildings on Approximately 4.8 Acres of Land in a Proposed C -C Zoning District Rountree: Item 7-H and I, rezone for Citadel II self storage and a CUP for Citadel self storage. I will open the public hearing for those two. Staff. Parsons: Mr. Chairman -- or Mr. President, Members of the Council, next on the item agenda is Citadel II self storage conditional use permit and a rezone application. The site consists of approximately five acres in size. It's located on the east side of South Eagle Road, just north of Easy Jet Drive. In 2002 this property was before you as part of the Sutherland Farms planned unit development. Under that planned unit development the city did allow a use exception on this site to develop with either an office park or a multi -family development and it was expected to happen with the later phases of the development. Now that the applicant is here this evening discussing the rezone and a conditional use for the storage facility, staff is recommending a new Meridian City Council July 22, 2014 Page 21 of 69 development agreement or at least extract this property from the approvals of the Sutherland Farms PD and that development and have them enter into a new development agreement subject to the proposed use that we are discussing this evening. You can see here that the property is currently zoned R-4, which was consistent with the -- that approval in 2002 and, again, those uses were allowed through a conditional use permit either as an office complex or a multi -family development. You can see the development surrounding this property are commercial to the north. We have earlier phases of the Sutherland Farms Subdivision, zoned R-8. To the south is an office park zoned L -O and, then, across the street Eagle Road side to the west we have an R-4 development and also a fire station. Currently this property is vacant to make way for the proposed development this evening. One thing that I would mention to Council just as a side note, this property is mixed use community on the future land use map that we have currently in place and typically you do envision three -- a mix of uses on the site, at least three types of land uses and this particular property, if you look at the surrounding developments and the amount of commercial we have to the north and all the mix of residential uses and the office component, staff feels that this site is adequate for a single use, such as the storage facility. I would also point your attention to this five acre piece on the south side of Easy Jet. This is also allowed to develop with either multi -family or future office in the future -- or more office. So, we can see that at least we can get at least additional residential or at least more multi -family in there, even potentially more office in the future as well. So, looking at that surrounding development staff finds that this proposed use is consistent with the mixed use community designation. As I mentioned to you, this site is R-4 and the applicant is requesting to rezone it to R -- excuse me -- C -C, Community Business District, and a conditional use to develop the self storage -- self service storage facility. The UDC does require a conditional use for that proposed use this evening. Here is the site plan. The applicant is proposing a 648 square foot office building adjacent to Eagle Road and, then, 12 storage -- enclosed storage buildings, so there is no outdoor storage proposed with this development this evening. And the approximate square footage of the storage facility is here in the upper right-hand corner at 73,575 square feet of, again, enclosed storage area. The UDC's landscaping requirements are pretty minimal for this site. Per the UDC the applicant is required to provide a 25 foot landscape buffer along Eagle Road and, then, along the lowest boundary of the site the applicant is required to construct a pathway and ten feet of landscape along that pathway between the facility and the pathway to soften that edge or use adjacent to the pathway. Along the east boundary adjacent to the residences the specific use standards for the self-service storage facility requires a 25 foot wide landscape buffer. However, it is the Council's discretion to allow a reduced buffer along that boundary through the public hearing process and so at the public hearing before the Planning and Zoning Commission, the Planning and Zoning Commission has recommended actually a 15 foot buffer along that boundary based on the public testimony that they heard at the hearing. Again, this is within your purview. The applicant has reached out to the adjacent neighbors. At the time that they submitted this application they had agreement from a majority of the residents -- owners -- the property owners to the east that supported not only the use, but also the reduced setback. Somehow at Planning and Zoning Commission the neighbors were a little confused on what transpired at the hearing and so they had flip Meridian City Council July 22, 2014 Page 22 of 69 flopped and changed their mind and decided that maybe they wanted a little bit larger buffer along their boundary. So, the recommendation before you this evening from the Planning and Zoning Commission is a 15 foot landscape buffer. Because the east boundaries up against the office park and this existing landscaping and fencing with the development of the office park, there really is no landscaping required along that south boundary. So, that's why you don't see any here. The applicant is trying to create the buildings -- actually use the buildings as the buffer or the perimeter to the office complex to buffer that use for their internal activities. Here is the street view of the proposed facility. You can see how it interacts with the adjacent roadway, along with the landscape buffers. As part of this application this evening the applicant is requesting Council waiver to allow the primary access into a development off of Eagle Road. ACHD has approved this access point that's shown on this street view this evening. I'd also point your attention to this access point adjacent to the office park here on the south boundary. Per the UDC standards the applicant does have to provide a secondary access into that development. With the development of the office park perhaps access was granted to this property through a record instrument and the applicant will be taking advantage of that. Staff has recommended that a solid gate be placed along that boundary to screen any internal activities proposed with this development. The proposed building materials for this site will consist primarily of metal, CMU block. The proposed office building will be of a stucco material and, then, along the south boundary and along the pathway the applicant is proposing Hardie plank, just 20 by 20 foot Hardie plank paneling here to break up the mass in the middle. You can see here in this exhibit that the width actually steps down along the north boundary and the south boundary. In our presentation to the Commission and the recommendation before you this evening, the Planning and Zoning Commission did recommend additional design elements to the Eagle Road side for your consideration this evening and the applicant has provided written testimony as -- for you to take action on that as well, but, basically, the recommendation from the Planning and Zoning Commission is to increase the width of these parapets along Eagle Road from 25 feet to 50 feet in order to break up more of that metal along that roadway and provide some more architectural relief to that fagade and rather than having primarily metal adjacent to that roadway. And, then, as -- as an offering that applicant is also showing new office elevations for your consideration as well this evening. Again, you can see it's all stucco with architectural arched roofing on it, metal roofing to kind of tie into the architectural theme of the proposed development. As I mentioned to you the site is governed by an existing development agreement, because this is really a stand-alone use. It was not approved under the Sutherland Farms PD or the annexation. Staff is recommending a new development agreement before you this evening. These are the recommended provisions that we want tied into that agreement with the city and the developer. We believe this addresses any concerns moving forward with the proposed use. This is similar to what we did on the Citadel site off of Chinden Boulevard as well. We tied the -- actually, Council tied them to a single use of the property to make sure that they can't go back and do that office and that multi -family in the future. So, Planning and Zoning Commission did recommend approval of this project at their June 19th hearing. Testifying in favor was the applicant Jim Conger. There were several folks that commented on the application. Again, they weren't in opposition of it, they just wanted Meridian City Council July 22, 2014 Page 23 of 69 to make sure that landscaping was addressed adequately along the east boundary. We had Jake Centers commenting. Mike Darr and Ed Williams. Topics of discussion -- one of the main topics was the design of the proposed facility and I brought that up to you in my presentation. The ten foot setback adjacent to the east boundary -- one item that was removed from the staff's recommendation was a requirement for the applicant to work with ACHD and the fire department on a safe crossing or a crossing to tie the pathways across Eagle Road -- I mean staff had called out in the staff report -- at least in our recommendation in the staff report we were concerned that that pathway connection was at the mid mile of Eagle Road and there was quite a bit of traffic, so how would we facilitate safe pedestrian crossing across a four lane arterial roadway and so in that discussion we realize we had a condition in there that may not be feasible for the applicant to comply with, so Planning and Zoning Commission did remove that condition. One of the other concerns -- and I think I heard this on the last time Citadel came through before you was the maintenance of that ten foot landscape buffer between the residents and the proposed facility, it's kind of a no man's land when you add these facilities up against residences. The applicant assured not only the P&Z, but staff said they would go in there and do their routine maintenance just like any other landscaping out there and they would regulate that just as much -- they would keep it up -- have the upkeep of that buffer just as much as the buffer along Eagle Road. One of the items I brought up -- was brought up by the adjacent residents was the grade differentials between this project and the existing homes on the east boundary. So, they wanted to assure -- have assurances that this facility wouldn't be any lower or be similar to their grade of existing homes. And the last item that we brought up or was discussed was currently there is an existing common lot developed with the earlier phases of Sutherland Farms HOA. Currently they encroach on the applicant's property. There is existing fencing that goes -- that's constructed on this site and we had a provision that they provide written documentation from the HOA for the relocation that they approve or support the relocation of the fencing. The applicant assured us that they would coordinate with the HOA on the relocation of that fencing. So, staff -- or the Commission did strike that condition and I realized that it would be -- staff would still work with the HOA, that we just didn't need to get involved in that. It would be a private party matter and they could handle it prior to commencing with development of the site. So, basically, as far as Commission changes to the staff recommendation, as I mentioned to you, we had Commission strike condition 1.2.2, bullet number four, removing the requirement for written documentation from the HOA on the relocation of the fence. Remove the requirement to coordinate with ACHD and the fire department on signalized pedestrian crossing at the pathway location and we also had Planning and Zoning Commission also modify condition 1.2.513 and 1.2.5C, which actually had to do with changing some of the design elements that staff had recommended to the facility along Eagle Road. So, written testimony since the Planning and Zoning Commission hearing. Mr. Conger did submit written testimony and he has two items that he would like to discuss with you this evening. The first being overturning the Commission's recommendation for the 50 foot landscape buffer along the east boundary and the other condition would be the applicant would like -- would like the Council to allow him to construct a 25 foot parapet as shown this evening in this graphic and provide a more upscale office building as shown in presentation to you. So, literally, there are two Meridian City Council July 22, 2014 Page 24 of 69 outstanding issues this evening for you on this project -- will a the reduced buffer along the east boundary and, then, approving that access point to Eagle Road as shown here in the -- in the street view. Other than those two items there aren't any outstanding issues for you and I would be happy to stand for any questions you may have. Rountree: Questions for Bill? Bird: I have none at this time. Borton: Mr. President? Rountree: Mr. Borton. Borton: Bill, I -- one of the Commission changes to the staff recommendation, it reads that -- it's like a double negative, so I have got myself tied up a little bit. There is -- it eliminates the condition and removing the requirements -- this is the 1.2.19. Parsons: Uh-huh. Borton: So, is the change that the requirements for the applicant to coordinate with ACHD existing or is that requirement gone? Parsons: Council President, Councilman Borton, that requirement has been stricken. Borton: Mr. President? And the last question with regards to one of the outstanding issues on the landscape buffer to the east, was it your remarks at the outset that the required buffer is 25 feet, but we were -- P&Z was okay with recommending 15? Is that correct? Parsons: President Rountree, Councilman Borton, that is correct. They were comfortable with 15 feet based on the public testimony. Borton: Okay. Parsons: But the ordinance does require 25 feet or a waiver. Borton: Okay. Rountree: Other questions? Applicant? Conger: Mr. President, Members of the Council, Jim Conger. 1627 South Orchard Street. First of all, thanks for letting us present tonight. This will be our second facility and I think it's important to note that the design, all our architectural effort put into the first facility that was just approved and constructed last year in Meridian, is what we are basing -- basing this project off, so we can hold continuity between the two facilities in Meridian. This site plan in front of you tonight, just like Bill indicated, is the one in front Meridian City Council July 22, 2014 Page 25 of 69 of us. I guess my first statement is I'm pleased to be in front of you and accept the conditions of approval as they are written from -- I'm a little bit concerned or confused more on Bill's comments that P&Z approved the project with a 15 foot setback on that east boundary. So, I will start out there with Condition B, 1.2.3, which is that east boundary. I mean if you look at the staff report what the commission -- you know, amongst the or five items that they modified is struck out in what's in front of you and what's been published, but the condition inside that staff report maintains still ten feet. The P&Z Commission did not approve 15 feet or restrict it to 15 feet. The P&Z listened to one neighbor and it wasn't numerous neighbors, it was only one neighbor that came up to discuss the depth of that setback. What P&Z issued a statement on was the fact that, please, go back, meet with the neighbors and see if you have any room to move. There was no approval of 15 feet and the condition in front of you that -- that I think we hopefully approved, which is what's written by staff, is ten feet. So, I will continue on with that. What had happened is -- is one of the neighbors came and was most concerned about the -- making sure we block off both ends of this east boundary. As you can see we are through this project we are completing a regional pathway. Their biggest concern was this regional pathway feeding pedestrian traffic up between our ten foot setback and their homes. We have already made the commitment to close both ends of that. We will still be able to get in there and do our maintenance as Bill indicated. But I think going back -- and it's important to rewind. We had numerous meetings with this neighborhood group, because this is a little bit different project for us. We bought the land and now working on getting approval. You know, the process to day, you know, with the approval process, as all of you well know, is about a 50,000 dollar bill to get where we are today. We had -- we had an option with what's on the books with the city and the previous development agreement of an apartment complex or a self storage unit. My client owns both apartments in Meridian and the Citadel self storage also in Meridian. So, what we wanted to do was not get in front of City Council and still be having a debate over how much square foot will this facility have, because what we have said to the neighbors is -- and what we have said to the city is this property is more than five dollars a square foot, you can't give 25 foot buffers, you can't give 15 foot buffers. We will have to go the apartment route where we can do ten and 15, two or three story, depending on the setback and utilize the property. We went to the neighbors and were very crystal clear on the two project choices and what I want to hand out to you right now real quick is -- is the agreement between the neighbors and the developer of the reduced setback -- and it calls it out, reduce setback to ten feet and the additional trees that they will get and this wasn't just thrown together, this was all signed at the first of April of this year, but it was culmination of a minimum of four meetings to get to this point. I'm not the largest fan of giving handouts of documents that are already in your packet. These are in our packet. But I think it's that to touch and look at them and understand that we have neighbors that very much know what the setback is going to be with this project, which is ten feet, to make it -- to make it actually, you know, economically function. So, I think a testament -- and I will probably get off the reduced setback with that, unless there is any questions for the fact that we I don't believe will have any comments from neighbors. What we did is after the P&Z there seemed to be some confusion. I went back on July 9th for another neighborhood meeting and walked the property, understood the property, understood the ten foot Meridian City Council July 22, 2014 Page 26 of 69 setbacks and understood what everybody already agreed to in April and that will not be an issue tonight. Ten foot is what is required for the price of this land and what is required to make a self storage facility work on this property. So, ten foot. You know, the next item -- oh, hey, Bill, do you mind, you grabbed the P&Z. Could we grab the one that says 7/27. So, the next item I'm going to go into is -- is Item B, 1.2.56, which was modified by the Commission and basically, just as Bill indicated, we are -- so, our -- just as Bill indicated, staff is asking for these two parapets to be 25 foot in length. You know, our corners are anchored heavy with the block -- Borton: Mr. President? Rountree: Mr. Borton. Borton: Jim, what's the length of the -- that entire Eagle Road wall? Conger: Mr. President, Council Member Borton, you're going to catch me red faced and embarrassed. Borton: I'm just trying to get a sense of 25 versus 50 feet in relation to the total span. Conger: Yeah. That entire span is, you know, in the range of 800 feet or so. But that would include the entry road and office location as well. Borton: Okay. Conger: Yeah. Thanks, Bill. That's perfect. So, quickly, I will jump back, so I don't drag this out. Increasing the use to 25 feet, you know, at the end of the day we are okay with that. We aren't here fighting any enhancements. We heard staff very early in the game that Eagle Road is going to be important. You know, I guess our point is our office is great, but it's -- it's not as good it could be. We are proposing that the dollars be spent in enhancing the office. We went very early in our design work back on the office. This office provides a lot better modulation to Eagle Road, the barrel roof versus the hip roof -- it is a little bit more like our first facility, which you will see in a second when I show a quick video. But I guess we leave it -- at the end of the day we want to leave it up to the Council -- where is this money best spent. We believe it's in enhancing the office. That's going to be the first thing you see as you're heading south on Eagle Road and we believe just as it's spread across there that the extra 25 feet in the middle of this building in two locations probably isn't going to change from an esthetic standpoint. But, again, we are not fighting that condition. We will simply live -- live to your requirements. You know, this is kind of the fun part we like. We assume you don't have time to visit every existing project in Meridian. We know everybody is busy with their day job and their night job and everything else. We just want to be able to show you, you know, our facility -- and, Bill, I might need your help to click on that if it doesn't let me. Can you start that for me, please. And we will quickly run through that first facility, which is the esthetics and the design that the second facility will match. You can see we do have the barrel roof. Start you out at our office and entry of the building. Meridian City Council July 22, 2014 Page 27 of 69 The barrel roof, as I indicated earlier. You can start seeing the stone parapets, obviously, mixed in with the landscaping. We call out to waterwise landscaping and other environmentally sound design methods in this new project as well. This will just enter us in -- trust me, this is just a two minute video, so it won't be much of your time. But you can see the split face block and the texture relief, the top cap, everything that that gives. The clean look. The color pallets and everything that's inside this facility. So, when you do see through the gate it is still esthetically pleasing. I'm going to come up here and go to the left -- and you will see the ten foot setback that the existing neighbors -- that is identical to what we are asking for on this facility and it just matched in seamlessly one final time going through looking at the clean -- cleanliness, basically, and the clean architectural look of the facility. And I think in -- and it will just exit you out the front gate. And I think in closing my only last item is I will quickly, when I'm done talking, I will hand out -- we have a statement from every neighbor that's on the existing facility that you just saw that backs up to the ten foot reduced setback and I will hand those out before I depart and I guess we will respectfully adhere to your direction on the 25 foot parapets versus the enhanced office architecture and for that I will stand with any questions. Rountree: Any questions for the applicant? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: The question that will be posed is can you articulate what the specific additional features are you're referencing on the office versus the parapets? Conger: Yes. Mr. President, Council Member Borton, yeah, it will be the roof changes from hip to the barrel. We actually in this office environment -- I will come back. We have the pop outs where -- where this will actually pop towards Eagle Road, because the office is at an angle, so you will actually be seeing some stuff at 45 degree angles, instead of just, you know, the side of the building. So, we have got the pop outs to enhance the architecture. You know, we still have stuff along the other office. We have built a few more features that are popping out of this -- this facility and it would be a lot more similar to what you saw on our other facility with the barrel roofs and kind of some angles that are a little bit different and kind of don't blend in, you know, just kind of pop a little bit to give it some esthetic relief. Borton: Okay. Rountree: Other questions? Zaremba: Mr. President? Meridian City Council July 22, 2014 Page 28 of 69 Rountree: Mr. Zaremba. Zaremba: Does the office have a residence in it or is it pure office? Conger: Mr. President, Council Member Zaremba, excellent question. No, we do not have on site living residences, but we do have 24-7 security that all goes back to our corporate headquarters. But no living -- no exterior storage, no residence, just a clean, managed office. Zaremba: Thank you. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Jim, what's the square footage of the office? Conger: Yeah. Mr. President, Council Member Cavener, the office square footage is 648 square feet. Cavener: Okay Milam: Mr. President? This isn't really a question, just more of a comment, but I -- I really admire the fact that you went to the neighbors with the two project options and let them help you decide which way to go -- that you respect the neighbors and I appreciate that. Conger: Thank you. Rountree: Any further discussion? Bird: I have none. Rountree: Thank you for the moment. Conger: Thank you. Rountree: This is a public hearing on Items H and I. Does anyone wish to provide testimony? Jim, do you have any further comments that you would like to make? Okay. Council? Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 29 of 69 Bird: If nobody has any further questions that need to be done in the public -- I would -- Borton: Mr. Bird. Bird: Go ahead. Borton: I apologize, Councilman Bird, I do have one question. Bird: Okay. Borton: Not to belabor the point, but I think Mr. Conger has brought up some great points and I appreciate him gathering information from residents here and in his other project about the setback. Bill, can you give me -- or give us the -- the short version of why our UDC asks for 25 feet on these self storage facilities if -- it seems like there is ways to address the concerns with a much smaller setback. Parsons: Sure. Mr. President, Councilman Borton. The primary reason for it is because of the commercial zoning up against a residential zone. That's the primary concern of why we require it. It's a typical setback, dimensional standard that we require for any commercial development up against a residential zoning district. However, in our UDC we do allow the Council discretion to reduce that if a building and existing fencing in a landscape buffer that's under 25 feet can mitigate for those concerns and that's why we left it that way, because we realize certain uses don't always require a 25 foot landscape buffer. So, it's nice to have that flexibility in the code. If the applicant goes and works with the -- the neighbors, for example, on their support of a reduced buffer, at least helps tell that story and at least gets that information in front of you to make an informed decision on it. Borton: Mr. President, one final question. There was a comment I believe you made in your report. I don't know if Mr. Conger said it -- about with that reduced setback to the east there were additional trees that would be provided -- I presume more than what would otherwise be required. What are the specifics on those? Parsons: Sure. President Rountree, Councilman Borton, the condition as it reads in what the applicant agreed with the neighbors. He wanted a 20 -- one tree every 20 feet and, then, one -- a size two -- two two inch caliper trees spaced 20 feet apart. Perma bark. Weed barrier. And two five gallon shrubs between every tree as proposed and agreed upon with the adjacent neighbors is how the condition is written. Borton: Thank you Rountree: Other questions? Did you have anything to add to that? Okay. Bird: Mr. President? Meridian City Council July 22, 2014 Page 30 of 69 Rountree: Mr. Bird. Bird: I would move that we close the public hearings on RZ 14-004 and CUP 14-007. Milam: Second. Rountree: It's been moved and seconded to close the public hearings on Item 7-H and I. Any discussion? Bird: I have none. Rountree: All those in favor of the motion signify by aye. Opposed same sign? MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve RZ 14-004 and to include staff and applicant comments. Borton: Second for discussion. Rountree: Okay. Discussion? Borton: Some of the variables -- one of the variables was the -- the additional 25 feet on the parapets versus the -- Bird: That is not on the rezone, that will be in the CUP. That's why I didn't -- Borton: I knew that. Bird: Oh, you know better than that. Rountree: We learn something every time we -- okay. Further discussion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Excuse me. Bill. Meridian City Council July 22, 2014 Page 31 of 69 Parsons: I don't mean to interrupt, Councilman Bird. I have one request, though. If it is the desire of the Council to allow the 25 foot wide parapet there on Eagle Road, staff would recommend a condition that says alternative compliance from the planning director. As this is presented to you -- I mean when the applicant submitted their conditional use permit application, the reason why we have these requirements on the design is because we are looking at it from a design review standpoint -- what our code requires from a design -- from a design standards in our ordinance. So, the applicant did not seek alternative compliance with this application, so that's why some of these requirements were placed on the design of the building to kind of -- to help them get better aligned with our design standards in the UDC. So, if it is your desire to leave it as presented to you this evening, then, we just ask that you include that in your motion if they seek alternative compliance to allow for more metal along Eagle Road. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I, for one, was actually going to go the other direction. I'm not thrilled with having any metal facing Eagle. That is not attractive to me. It looked to me on the brief views that we got of the first facility up on Chinden that much of it was the block wall. I don't know of other people's opinions, but I don't think that any of the metal would be attractive. It would make sense for me for that entire Eagle Road fagade to be the block wall. The -- what was shown was a block wall with -- with texture and variation on the face of it. That would be a much better presentation to Eagle Road than any sections of metal in my opinion. Bird: Mr. President? Rountree: Further discussion? Mr. Bird. Bird: And I agree, Councilman Zaremba, I thought it -- he stated that that was going to be like the existing Chinden deal and to me that looked like block with some kind of a drive it system of something -- it didn't look like metal to me -- is it metal? Rountree: Mr. Bird, we will have to open the hearing back up. Bird: Oh, no. No. But I mean -- Rountree: If you wish -- if you have additional questions we certainly can do that. Bird: Yeah, I think it must be metal. Milam: Mr. President, can we review the video again? Meridian City Council July 22, 2014 Page 32 of 69 Rountree: I think it might be handier to just reopen that -- this particular hearing and if we need additional information we will have that information, so we can make an appropriate decision. Bird: Mr. President? Rountree: Mr. Bird. Bird: Upon your desire, if you would like to open the public hearing, I would sure back it. Rountree: Is that a motion? Bird: Yes, it's a motion. Borton: Second. Rountree: Okay. It's been moved and seconded to reopen the public hearing for Item 7-I. All those in favor of the motion signify by aye. Opposed same sign? Okay. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Rountree: I'm going to reopen the public hearing for Item 7-I. Zaremba: I would note for the record that I don't believe anybody left the room during the time that we had it closed. Rountree: No. Zaremba: Maybe somebody did, but came back in. Bird: Oh, she wants to talk. Rountree: Now, it's reopened. Do you have anything to add at this point, since we reopened it? Then I will get the public comment. Centers: Jack Centers. 1979 North Locust Grove in Meridian. Just to speak to the esthetics of it, when these facilities are -- basically you pour your foundation and your flatwork and the company comes and constructs these all out of metal. So, the block that was placed on Chinden Road in front, it, basically, just sits in front of the metal. That metal goes all the way through there. So, it's just a fagade. It's not any structural part, it's just merely for esthetics. So -- but it is metal along what you see there, the gray. It's a corrugated metal, you know, lifetime product. It will never need painting or resurfacing. Meridian City Council July 22, 2014 Page 33 of 69 Bird: But the fagade -- excuse me, Mr. President? The fagade it's a brick or something, isn't it? Centers: Councilman Bird, the fagade -- Bird: The fence is metal. Centers: Well, it's not a fence. It's actually the back of a building. Bird: Well, the back of a building. Centers: Yes. Bird: But the -- continuous is metal. Centers: It is. All the way. Bird: But the fagade is block or something. Centers: It is. It's a concrete masonry -- Bird: That's what I -- that's -- all right. Centers: It's a block and it has textured space to it. Bird: Yeah. I knew the back of the building was metal. Centers: Okay. Great. Bird: But I thought the fagade was -- was a block or some other -- Centers: Yeah. And it is. Bird: -- building material. Centers: It is. That's exactly what we are speaking about, so -- but -- yeah. And, then, just to, I guess, throw it out there, the block is extremely expensive. Rountree: Other -- other questions you might have of Jake? Milam: Mr. President? Rountree: Mrs. Milam. Meridian City Council July 22, 2014 Page 34 of 69 Milam: Sorry. So, the -- this outside perimeter is the back of the building? There is nothing between the building and -- there is no wall perimeter around it. The wall is -- Bird: Is the building. Centers: That is correct. Yeah. The facility is completely encased with the back of the building. Now, however, on the east side of the project adjacent to the neighbors, as well as on the north side adjacent to the regional pathway that we will be building, there are some protrusions that are built out of a Hardie plank, cementuous board product that protrude off that will break up the metal as well similar to the front, it's just a more cost effective method of achieving that break up. We have worked with staff. We did this, actually, on the facility on Chinden Road as well. But I guess just to throw that out there, that these are kind of a -- they are difficult to come up with methods to modify the look, because they are just -- they are all metal. They come, basically, in a package on a trailer and these guys put them up. So, it's not like stick framing and building and being able to, you know, make some adjustments easily, it's actually quite difficult to add stuff on here, but, you know, we just tried to do what we could with working with staff and making it similar to the other facility. Bird: Mr. President? Rountree: Mr. Bird. Bird: Jake, if I -- and I don't know how close this picture is -- schematic is, but it looks -- if I -- if I look at -- those are 25 foot parapets, it looks like about 400 feet and you have got a hundred feet of it in parapet. Is that about right? Centers: That is -- oh, excuse me, Councilman Bird, that is pretty close accurate. Yeah. So, we actually did some calculations and, I apologize, we didn't have them, but -- one thing I wanted to point out is there is a block wall actually by the entrance of the office as well. Bird: Well, yeah. Centers: That's all block. That's all block. Block. And those corners are anchored in block as well. Conger: That matches the other view from -- Centers: Right. So, everything in red is actually the concrete block wall. Bird: But what I was getting at, Jake, was the fact that about a quarter of it is going to be parapet anyway. Out of 400 feet you're going to have a hundred -- if we put 25 footers. You have four of them there, that's -- that's a hundred feet out of 400. So, there is 300 of metal showing. Meridian City Council July 22, 2014 Page 35 of 69 Milam: Twenty-five percent Centers: Well, Councilman Bird, that's not exactly accurate, because the 400 -- so, are you just talking the distance of the building then? Bird: Yeah. I'm not including the block on the end, so -- Centers: Right. Bill, we ran some percentages. Do we have those handy? I don't know if we do. We actually did some actual calculations of what the percentage of block versus metal would be on Eagle Road as -- as drawn. Perhaps we should have been a little better prepared with that, but -- I guess it doesn't matter. It's just more of a visual. We do have the evergreen landscaped trees, the cedar trees. Rountree: Are there anymore questions? Bird: I have none. Rountree: Okay. Zaremba: Mr. President? Rountree: Go ahead, Jake. Centers: It's approximately 40 percent of that -- Bird: Forty percent? Centers: When you calculate the total frontage of Eagle Road in block, including the entry. Bird: Okay. Forty percent. Rountree: Mr. Zaremba, you had a -- Zaremba: I'm just repeating my earlier comment. I'd prefer to see the whole wall in block, but my second choice would be 50 feet each. Rountree: Questions? Comments? Bird: I have none. Rountree: Jake, I know how much you enjoy that, so I appreciate you getting up. Now, the hearing is still open and, Lori, come on up. If I missed you the first time I apologize. Jones: Thank you, President Rountree and Council Members. My name is Lori Jones. I reside at 3499 East Quinn Drive, Meridian, which happens to be not the street right Meridian City Council July 22, 2014 Page 36 of 69 next to the property, but I'm around the corner. So, I am in the Sutherland Downs Subdivision. First of all, I'd like to say to Mr. Conger I do appreciate this concept. My concern would be the ten foot buffer -- a question would be is that room enough to get equipment back there to take care of the landscaping and I do know that we have had a problem with rodents and is there a -- I don't know what it takes to maintain these properties, but I would have a concern that if we cut it down to ten feet there would not be room for maintenance equipment. Thank you. Rountree: Thank you. Rountree: Excuse me, Jim. See if there is anybody else that wishes to testify. Anybody else wish to testify? Okay. Thank you. All right. Now, you get the final word. Conger: Thank you, Mr. President, Members of the Council. Jim Conger again. As far as back to the ten foot setback, there is ample room for maintenance. We have the other facility with it. It is not uncommon for, actually, numerous residential homes to be reduced to ten foot. So, maintenance from that standpoint is not an issue. If it got wider and we go to an apartment type complex the setbacks aren't going to be drastically different. They might go to 15. They won't be fenced in, so it will be a connection path with a regional pathway. So, at the end of the day the neighbors that are adjacent to this aren't here because they like the storage project, you know, the ten foot is acceptable to them. They have signed off on it in April. It is -- it beats having the apartments behind them and it really was an either/or, because that's all we had approval through the original development agreement. So, we hear the concerns of the moles and the rodents will actually be -- be a help to that. Before it's over they will be gone, but -- but, again, we respectfully request the ten feet. We have to have ten feet for this storage facility to move forward and I will stand for any further questions. Rountree: Any further questions? Bird: I have none. Conger: All right. Thank you. Rountree: Okay. Thank you. All right, Council. Try this one more time. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on CUP 14-007. Milam: Second. Meridian City Council July 22, 2014 Page 37 of 69 Rountree: It's been moved and seconded to close the public hearing on Item 7-I. Further discussion? Seeing none -- all those in favor signify by aye. Opposed same sign? MOTION CARRIED: ALL AYES. Rountree: Mr. Bird. Bird: Mr. President, I move we approve CUP 14-007 with allowing the ten foot setbacks. Adding the parapet 25 foot that faces Eagle. Let's see. What else? These have all been struck. Am I missing anything? Rountree: Alternative compliance. Bird: The alternative compliance. Yes. State that. And also to -- to take staff and public and applicant comments. Can't think of anything else I need to -- Borton: Second. Rountree: It's been moved and seconded. Discussion? Borton: Mr. President? Rountree: Mr. Borton. Borton: The elements -- additional improved architectural elements to the office building -- Bird: That was part of his statement if we went to the 25 foot. Borton: And that would be part of your motion to include that? Bird: That was part of the motion, yes. Milam: Mr. President? Well, I'm only a little bit concerned reducing those to two of them at 50 feet each, because we are -- I guess that there was 800 feet of frontage, which if we just have two parapets that are 25 feet each -- it should at least be equal to the one that -- Bird: This is part of his testimony. There is four of them. Milam: But you said two. On here it says two. So, is it two or is it four? Bird: The motion -- the maker of the motion would state there will be four parapets, two plus the two corners, let's put it that way. That makes four and that's what -- Meridian City Council July 22, 2014 Page 38 of 69 Rountree: Any further discussion on the motion? Milam: None. Rountree: I'm not even going to attempt to repeat the motion. Bird: Me neither. Rountree: But I think your intent is clear, so roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. J. Public Hearing: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High - Density Residential) Zoning District K. Public Hearing: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District L. Public Hearing: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi - Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Rountree: Okay. Moving on to Items 7-J, K, L, public hearings for Shallow Creek annexation, preliminary plat, and conditional use permit. Staff. Parson: Thank you, Council President, Members of the Council. The next item on the agenda is the Shallow Creek Subdivision. It consists of 6.60 acres of land currently zoned RUT in Ada county. The applicant is requesting to annex this property into the city with the R-15 zoning district in order to develop 68 multi -family units on the property. You can see to the north we have existing -- or undeveloped commercial property zoned C -G. To the east is a county residence, zoned RUT in Ada county. To the south we have an existing LDS stake center currently developed and across the street on the west of -- west side of South Locust Grove Road we have an R-40 piece of ground currently developed with an existing single family residence as well. One unique Meridian City Council July 22, 2014 Page 39 of 69 aspect of this property or -- as Sonya mentioned to you earlier in her presentation is this site is heavily encumbered by not only the flood plain, but also the flood way. And so as you can see here there is actually a demarcation line on the site that shows you -- kind of delineates the area that's flood plain and the area that's flood way. And so anything within this area can be developed under the -- as long as it's approved by the city flood plain administrator. Anything within this flood way is off limits, at least can be enhanced with landscaping and that's what the applicant is proposing this evening. So, again, the preliminary plat consists of 17 -- or at least 18 buildable lots. Seventeen of those will have four-plex structures, for a total of 68 units. The Comprehensive Plan designates this site as mixed use community, just like similar to the last project. Again, the applicant is proposing a single use for this development just due to the amount of constraint on the site. You just cannot fit any additional uses on this property. So, the applicant is maximizing the most that he can based under what's allowed in the flood plain and the flood way. A single access point to this development is proposed on Locust Grove and, again, ACHD staff has recommended the location of that access point. Internal access will be provided by a common lot and it will also provide access to the street and also shared parking within the development. Because of those site constraints that I just mentioned to you, staff is not recommending cross -access with any of the adjacent properties to the east, nor to the south. So, this will be primarily served by one way in and one way out this evening. Open space for this development -- because of that large flood plain and flood way on the site the applicant is showing 3.85 acres of open space. A majority of that is due to the enhancement to the floodway. And, then, also internal to the site we have pedestrian walkways, a sitting area, a clubhouse as an amenity, and, then, the applicant is also proposing to construct a portion of the multi -use pathway right along the fringe between the flood plain and the flood way. Staff does have conditions of approval that before development can occur on the site they need to secure those approvals from the irrigation district from the city and also from the Army Corps of Engineers as far as reclamation or any changes to the flood way. So, we do have adequate conditions in place moving forward. Here are the architectural renderings for this -- for you this evening. Because we do not want a monotonous development out there, we are recommending that the applicant provide three distinct elevations for the site, three distinct color pallets for the site, all of the covered parking within the development, the carports, as well as the units themselves will all have to be complimentary colors. You can see here here is some examples of existing four-plexes built throughout the community. The applicant wants to bring this same color pallet to this development as well and the design of the carport structure actually emulates or tries to blend in with the belly band here, so it's low profiled, try to make it blend into the development so it doesn't stand out and staff does have a condition that this also be powder coated or color painted to match the color scheme of the development as well. The Planning and Zoning Commission did recommend approval of this project at their June 19th hearing. We had Steve Arnold testifying in favor. Several of the neighbors did come out and testify in opposition of this project. That was Rod Cullip, Helen and Dale Sharp, John and Maryann Duncan and Melanie Hensman testified in apposition of the project. Their primary concerns were parking and density up against their residential subdivision, which is actually approximately eight hundred feet to the east off of Locust Grove. But they had concerns with this moving Meridian City Council July 22, 2014 Page 40 of 69 forward and they were concerned about the additional traffic in the area. Probably the two primary items of discussion by the Commission were what were the adjacent land uses next to this development and I would report to Council that it is mixed use commercial -- mixed use community as well. So, it's consistent with this property as well, it's just currently in the county. And, then, further to the east of that there is a C -G zone property that has a development agreement on it. So, there is quite a bit of a buffer between this development and the residential subdivision to the east that came and testified on the project. So, there aren't any outstanding -- any changes to the recommendation to the staff report. There aren't any outstanding issues before you this evening. Staff did receive an e-mail late this afternoon from the applicant. Again, they are in agreement with all the conditions in the staff report. This concludes my presentation and I'd stand for any questions you may have. Rountree: Questions for Bill? Bird: I have none. Milam: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: I hope I'm not inventing this, but memory from way back -- we years ago had another project that was in the flood zone and my recollection is there was a requirement that they all be built on slabs, as opposed to foundations. I don't know if I'm remembering that correctly or whether that applies to this or somehow something sticks in my mind that there was an issue about not having basements or foundations and doing them on slabs. Anything there? Radek: Mr. President, Councilman Zaremba, that's correct. I believe that was Bellingham -- Bellingham maybe three, four. I think the actual requirement for slabs may have been because of high ground water, but anyway this would be permitted through David Miles and it will have to meet our lowest -- low flow requirements and that is -- I believe we are at two feet above base level elevation with the lowest floor, so -- so I have, you know, no doubt that they will be built in accordance to our regulations. Zaremba: Okay. Thank you Rountree: Questions? Bird: I have none. Borton: Mr. President? Bill, is the landscape plan -- does that have green open space in the flood way? Meridian City Council July 22, 2014 Page 41 of 69 Parson: Council President, Councilman Borton, it is. Borton: Okay. Just grass and trees? Parson: That is correct at this point in time. In speaking with our flood plain administrator it -- the amount of trees that you see in that flood way may not occur, so -- but there is -- there has to be further study and they have to provide that study to the Army Corps of Engineers to make sure there is no rise to the flood zone or flood plain. So, like I said, prior to even submitting a final plat they will have to provide that documentation that the analysis has been provided and approved by those three agencies. Borton: Okay. Rountree: Further questions? Bird: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: Just looking at the traffic circulation, is the fire department comfortable with -- it doesn't look like there is a turnaround near the end of it, but has that been looked at? Parsons: President Rountree, Councilman Zaremba, yes, Deputy Fire Chief Perry Palmer did comment on the application and the site presented to you this evening does comply with their requirements and they are conditioned to do so. Zaremba: Thank you. Rountree: Other questions? Okay. Is the applicant here? If you would state your name and address. Arnold: Mr. President, Members of the Commission -- or Council, for the record my name is Steve Arnold. I'm with A -Team Land Consultants. 1785 Whisper Cove, Boise. 83709. Because the next six items are mine I will try to keep my presentation here tonight as brief as possible. Bill does a great job presenting and I'm afraid I would just bore you. I think what I'd like to go into first is the architectural styles, the building, that you would be approving tonight. It's a unique style. The developer actually has a patent on the building, so if he sees any of these buildings going up anywhere else within the valley they go chase the builders, but they are a two story apartment with no upper level balcony. The upper unit -- the two stories is all one unit. So, the two stories is within one unit. They offer architectural relief that's very attractive on both the outside and the inside with granite, fireplace -- granite in the kitchen. Fireplaces. So, the units Meridian City Council July 22, 2014 Page 42 of 69 here are very unique. The one thing that my client has asked me not to do is put tot lots within these -- these projects, because of the type of renters that they are getting is a higher end rent that doesn't typically afford itself to a lot of children. So, the projects in the past he's actually removed tot lots. So, the amenities that we are providing are more for an adult community. As Bill stated, we do have several unique challenges to the site. One is the flood way. We are not proposing to touch it at all. We are staying out of the flood way and building within the flood plain. Our most likely -- I have not worked too much the flood plain issues in Meridian, but typically what we do is we submit a LOMAR F and raise the site out of the flood plain, so we are not working there. One of the Council Members had a question about the ground water. It's pretty low here. But we will meet the minimum required two foot of separation. One thing that came up was the amount of landscaping that we are proposing and that is a challenge with the Army Corps, but we are going to try to put as much possible as we can in there. The natural flood ways, they are not regulated and we don't believe that we will be affecting it very much with some plantings here and there. We did meet with the LDS church to the south. One of the conditions was make a secondary connection with the water and they have agreed to work with us on that. I think that being said, the opposition that we had, like Bill stated, was over a thousand feet away and it was mainly traffic generated. ACHD has reviewed this and has improved the site entrance and the traffic for this development. And I will stand for any questions with that. Rountree: Any questions? Milam: Mr. President? Rountree: Yes. Milam: I apologize, but I missed the first part of that. But -- so, are you not renting to anybody with children? Arnold: Mr. President, Councilman Milam, no, it's not -- not that we don't rent to people with kids, but typically because of the high rent that we are getting here we don't have a lot of children that utilize that type of facility within the development. Our amenities were pathways, gazebos, with picnic areas and a clubhouse. So, the -- my client -- this is just a personal thing with him. He doesn't believe that that amenity is ever utilized within his four-plex projects, so that's why we are proposing the amenities that we are doing. But, yes, kids are allowed. So are pets. Rountree: Further questions? Don't see any. Thanks for a moment. It is a public hearing. Is there anyone wishing to provide testimony? Yes, sir. If you would state your name and address for us. Cullip: Rod Cullip. 1821 East Franklin Road. I have the R Rocking Ranch, which is right adjacent to that -- to the east and, actually, our properties are separated by Five Mile Creek. It's to the middle of the creek. And I was at the P&Z meeting and brought up a bunch of other stuff also with that and at that time I brought up the issue with the Meridian City Council July 22, 2014 Page 43 of 69 fence. We have horses. We have like 18 head of horses. We have an arena. A round pen. We do a lot of work with horses and my concern is kids getting into our property and I brought up that they actually need to put a fence or something to try to curtail that. Originally I brought up the fact that this was all filled in and I watched them fill it and they put about eight foot of fill in there and they put like six foot of fill without even putting a roller on it. So, the last two foot they compacted it. So, that's a concern that you guys might have. I don't know how you deal with that. But the other issue is it's a high density area and for that many people to be in that small of an area with just one entrance in and out and it's right on the busy road of Locust Grove right there at the corner of Franklin, that might be something you really need to consider, too. The house -- the actual design and everything looks great. I don't have any problem with that at all. It's the density. It's the traffic issue. The parking issue. Which all the other neighbors have brought up also at the P&Z. And my main concern is I got stallions, we breed, I don't want any kids or anybody getting into our property over there, which alls they have got to do is cross the creek and climb a fence, you know. So, if there is some type of fence they could put in to protect that like they did at the end of the subdivision, they did the same thing, they are going to put a fence in to keep the kids from crossing over. So, that's all I had. Rountree: Very good. Thank you. Cullip: Thank you. Rountree: Any questions for -- Cavener: Mr. President? Rountree: Yes. Cavener: Just a quick question for you, because I'm not familiar with the area. What's the -- what's the width of the -- of the creek? You know, are we talking -- Cullip: The creek is roughly ten feet at the widest area. Cavener: Follow up? Is your concern, then, that kids would, then, climb a fence and, then, have to scale or jump across the creek to get to your property? Cullip: The problem is is during the winter when the irrigation goes out the creek dries up. Cavener: Sure. Cullip: So, they can just walk across and I have had problems with them and I have had problems with them at the end subdivision and they are like a half a mile away and they still got in throwing rocks at my horses and everything. It's just been a mess, so -- Meridian City Council July 22, 2014 Page 44 of 69 Cavener: Appreciate it. Thank you. Cullip: Yeah. I appreciate it. Thank you for your time Rountree: Thanks, Rod. Anyone else wish to provide testimony? Very good. Steve, do you want to provide a wrap up, respond to the issues? Arnold: I guess in regard to the fence, you know, this is a regional pathway that we are constructing there. The only option for the fence would be on our side. We'd like not to box it in. The width between the properly and probably where the horses are is probably 50 -- some places maybe wider -- foot wide. It would not be -- I don't think conducive to the project as a whole to fence it in, so with that I will stand for any questions. Rountree: Any questions? Bird: I have none. Rountree: Okay. Thank you. Any discussion? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Maybe it sparks discussion or not. I think it's a great product. My hesitancy is whether it's the right location for it. And I appreciate what -- what Steve said and what they have tried to do and -- but this location is a tough one. It's a tough piece of ground, I understand, but putting 68 units right near Franklin and Locust Grove on the corner or close to the corner is concerning. Rountree: Further comment? Bird: Mr. President? Rountree: Mr. Bird. Bird: I do have some concern on the entrance way and I know ACHD has already approved it and everything and I don't know if it's a full in and out or just a right -in and right -out, because as close it is to Franklin and Locust Grove corner and the traffic that is on Locust Grove, I -- I can see some I think traffic problems, but I'm not -- you know, that's -- that's what we have got ACHD for to do that -- call that shot, but it don't -- it don't look -- I'm quite concerned about the in and out on that project. I wish there was another place they could -- or farther back at least a quarter mile or so that they could go back. But that it is very very close to the intersection in my opinion. Meridian City Council July 22, 2014 Page 45 of 69 Rountree: Any other discussion? What's your pleasure? Bird: Mr. President? Rountree: Mr. Bird. Bird: I guess if we are going to do it, I better do it. I move that we close the public hearings on AZ 14-008, PP 14-008 and CUP 14-005. Rountree: Do I have a second? Milam: Second. Rountree: That is a second? Milam: Yeah. Rountree: It's been moved and seconded to close the public hearings on Item 7-J, K and L. All those in favor of the motion signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Rountree: All right. Is there further discussion? Milam: Mr. President? Rountree: Yes. Milam: I don't know. I just -- I would like it a lot more if it had maybe a few less buildings, some more open space, and amenities and a fence around it. And the road farther back. Rountree: I'm not sure you can re-engineer it to that extent. Milam: Okay. Bird: Get your checkbook out and buy the property. Milam: Okay. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 46 of 69 Bird: I will take off and see what -- see how we come out. I move that we approve AZ 14-008 and to include all staff, applicant, and public testimony. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 74 Any discussion? Seeing none, roll call. Roll Call: Bird, yea; Rountree, nay; Zaremba, yea; Borton, nay; Milan, nay; Cavener, nay. MOTION FAILED: TWO AYES. FOUR NAYS. Rountree: Is there an alternative motion? If there isn't, then, Items K and L -- Bird: Are gone. Rountree: -- if I'm not mistaken, Mr. Nary, are mute at this point without the annexation? Nary: Mr. President, Members of the Council, that's correct. You would still want to take action on them. Rountree: Yes. Bird: Is there an alternative -- Rountree: If somebody has another motion they would like to make? Bird: Mr. President? Rountree: Mr. Bird. Bird: I don't have another motion, but I will move we disapprove PP 14-008 Rountree: Do I have a second? We did that already with the last -- Nary: I guess, Mr. President, Members of the Council, before you do that, you may want to remember that on the annexation you're not required to annex and you -- but you at least want to state on the record if you're going to deny it, but you might want to take care of that first before you deny the other applications. Bird: Okay. I will withdraw Nary: At least -- I would suggest you at least address that annexation one first before you deal with the other two. Meridian City Council July 22, 2014 Page 47 of 69 Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Nary, I didn't understand you. We -- we disapproved of AZ 14-008. So, we didn't approve it, so is it automatically -- it's denied; right? Nary: No. Rountree: No. Bird: We have to make a motion to deny it? Nary: Correct. Bird: Okay. Let one of the no votes make it. Cavener: I will try and navigate through this. Rountree: You and three others could make the motion. Cavener: Maybe my question is for -- for legal. Can we approve annexation, subjugated to them placing a fence or a barrier around their property and the neighboring property? Bird: That would be the PP. Cavener: That would be the PP. Nary: So, Mr. President, Members of the Council, Council Member Cavener, yeah, you can certainly have that discussion of what other conditions may make it more attractive and require that as part of both the development agreement, so that would be part of your annexation, as well as part of your preliminary plat and the CU as to make it more compatible with your neighborhood, because -- so, you could certainly do that as part of it if you want to approve it. If you want to not approve the annexation, the state code only requires that you, basically, find that it's not in the best interest of the city at this time to annex this property. But that's totally up to you at that point. Milam: We could approve the annexation, but not the plat. Nary: Mr. President, Members of the Council, Council Member Milam, what you could do is approve the annexation with conditions that you place additional conditions on both the plat and the CUP and get them part of the development agreement, whether it's fencing, whether it's -- the access point is more problematic, because that really is ACHD's, but the plat itself and the design, whether it's the number of buildings and such Meridian City Council July 22, 2014 Page 48 of 69 that are concerning to you, that that's certainly something you can, as a Council, limit if you wish. Borton: Mr. President? Rountree: Mr. Borton. Borton: I don't think it's the right time for this particular project with its density to be annexed as presented. I don't feel comfortable myself trying to redesign it here in a meeting. Rountree: Any further comments? Borton: Mr. President? Rountree: Joe, are you going to make a motion? Borton: I am. Rountree: Okay. Borton: I move that we deny Item J, AZ 14-008. Rountree: Do I have a second? Milam: Second. Rountree: It's been moved and seconded to deny the annexation for Item 7-J. Any discussion? Borton Mr. President? Rountree: Mr. Borton. Borton: Again, I echo -- I think Steve Arnold and his client have a tough parcel to work with and I think they have tried to do a good job with it. It may be tough for a while, but -- Rountree: Further comments? Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: I would say that the applicant has done a very good job in light of their limitations of design project. I think that ACHD has signed off on it. We have heard Meridian City Council July 22, 2014 Page 49 of 69 from fire, they don't have any issues. You know, I struggle with saying come back with a better mousetrap. I think that the applicant has done a very good job of bringing forth a mousetrap that works for the piece of property. Rountree: Any discussion? Okay. Motion has been made and seconded. Roll call vote. Roll Call: Bird, nay; Rountree, yea; Zaremba, nay; Borton, yea; Milan, yea; Cavener, nay. MOTION FAILED: THREE AYES. THREE NAYS. Rountree: And I can't vote twice. Let me suggest that maybe the answer here is the applicant's kind of heard our concerns, that you might want to table this to a date certain and have the applicant look at the process before you close the process and he has to start over again entirely. I get a sense that there is a desire to do something here and anticipation that it might be able to work, but it doesn't appear that we should or can reengineer this project from the dais and I think that it gives that applicants an opportunity to do that if they so wish and in doing that, Mr. Nary, can we defer it, can we give a -- it's going to take some time to try to redesign this. It's just like we can have it next week. Nary: Mr. President, Members of the Council, certainly you would have to reopen the public hearing and see if that's the desire of the applicant, because if you do deny it and -- I'm always sketchy on this, but isn't this -- wouldn't this prevent them from bringing it back for a year? Or just the same project? Just the same project. So, they could come back with a different project. But it is a lot of time and investment and if you want Mr. Arnold can certainly come up and clarify what your concerns are, so that if you set it over your next available date for a hearing is August 19th. So, you have almost a month. And if he needs longer certainly that's within your discretion, but that's your next available date anyway. Milam: Mr. President, I agree. I think that there are changes that could be made that might be able to -- that might help me make my mind up in a different manner, but I would like to see some changes on that. Rountree: So, do I have a motion to reopen the public hearing and -- Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we reopen the public hearing on Items J, K and L. I believe they were -- all three were closed. Rountree: They were. Meridian City Council July 22, 2014 Page 50 of 69 Borton: AZ 14-009, PP 14-008 and CUP 14-005. Zaremba: Second. Rountree: It's been moved and seconded to reopen Items 7-J, K, and L. Almost have that memorized. All those in favor of the motion? Opposed? MOTION CARRIED: ALL AYES. Bird: I move that we continue the public hearings for AZ 14-008, PP 14-008 and CUP 14-005 to August 19th, 2014. Rountree: Before I hear a second, Mr. Arnold, would you like to provide some comments and maybe hear -- rehear some of the things that we have concerns about, so if you desire to move forward with this after it's put off until August 19th -- your client may not want to do that. I don't know. Arnold: Mr. President, Members of the Council, yeah, we will move to the 19th, but I would like some clear direction from the Council tonight as to what would make this a more suitable project. We do have constraints. I know the entrance was brought up. ACHD has approved that. We can't really move that. I hear a fence. Now, if it is a fence -related issue, I mean -- I know my client would most likely do the fence instead of get denied, so we can make that decision tonight if that's it. Redesigning the layout -- I don't know how much I would do differently with a four-plex project. It is -- there is zoning across the way that's R-40, which is high density residential, so other than this guy just going -- this client going away, I'm not sure how much I could show you differently than what I have got, other than commit to you tonight that I would put a fence in there between the two uses and somehow coordinate that with the staff and the Army Corps of Engineers. So, if you're looking for a redesign I need I guess a little more direction. Milam: Mr. President? My -- personal, I -- unless this is a senior living -- if you're putting a fence in it will remove the pathway maybe, so -- Arnold: What I would probably propose to do is try to work with the Army Corps in locating a fence -- or moving the pathway slightly towards us. You know, if it's certain that you're looking for a tot lot, you know, again, we aren't limiting this use to any age group, it's just a preference of my client. If the Commission -- if that's something that would make it easier for you to approve tonight, I could commit to that tonight as well. It's not a preference, but, you know, I think what we have shown for amenities is adequate, but if that's what you are looking for we can commit to that tonight. Milam: Mr. President? Well -- yeah. So, I feel that you have how many -- 68 homes and nowhere for children to play. They are going to find something to do, whether it's climbing into his house or somebody else's -- there are no parks nearby, so I -- there Meridian City Council July 22, 2014 Page 51 of 69 needs to be some form of park facility for kids to play on, unless you're designating it a senior living facility. That's how I feel. Arnold: We can commit to the one of our amenities tonight as a tot lot, if that's the direction of the Council. Bird: Mr. President? Rountree: Mr. Bird. Bird: While I have concerns on the traffic, Steve, it's still -- that's ACHD's deal and they said it was okay, so I -- my -- as you know, I was in favor of doing it. I think a fence would be a real needed amenity. A tot lot I don't think is going to be used that much, but if you think that will get you through, fine with me, because I don't think you're going to find very many young kids living in that kind of an atmosphere. Arnold: Mr. President, if I can reply to the fence. We would like to do open screening type fence, because I -- if that's the direction tonight I -- I don't want to do a solid wall fencing along there. And we would -- to put the fencing on our side, we would have to provide some sort of gating to get to the pathway, so -- Bird: Mr. President? Rountree: Mr. Bird. Bird: Bill, what kind of -- what kind of fence -- could we -- do we need to have a solid fence there or could we -- could we use wrought iron or something like that? But wrought iron would be climbable -- pretty easy climbable. Parsons: Council President, Councilman Bird, the ordinance would require open vision fence adjacent to the pathway and -- or four foot solid fencing. So, you couldn't have a six foot solid fence up against the pathway, it would have to be -- Bird: Yeah. That's right. Parsons: -- either a four foot solid or some type of open vision fencing. Bird: Okay. Rountree: Again, Council, I don't think it's our job to redesign this at this point. To me the issues are fencing. There is issues about accommodation for children. And there is issues of density. I don't know how you address those issues, but those are three issues that I have heard. If you wish to take the opportunity to take your skill set and your imagination and address those, the Council can continue this until August 19th. If that's your desire. I don't see that it's going to happen tonight. Meridian City Council July 22, 2014 Page 52 of 69 Arnold: Certainly. Rountree: Okay. Thank you. Zaremba: Second the motion. Rountree: Excuse me. We are still open. Is there any further testimony? Okay, Council. Back at you. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue public hearings AZ 14-00 -- Rountree: We need to close the hearing. Bird: Oh. I'm sorry. I move we -- no. no. We leave it open. Rountree: Oh, that's true. That's true. You're right. Bird: Now I'm getting really confused. Rountree: I'm already confused. Bird: I move that we continue the public hearings on AZ 14-008, PP 14-008 and CUP 14-005 August 19th, 2014. Zaremba: Second. Rountree: It's been moved and seconded to continue 7-J, K and L to August 19th. Any discussion? All in favor of the motion signify by aye -- or does that need to be roll call? Okay. Opposed? All right. MOTION CARRIED: ALL AYES. M. Public Hearing: PP 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Preliminary Plat Approval of Twenty (20) Buildable Lots and Three (3) Common Lots on Approxmately 4.28 Acres in the C -G Zoning District Approved N. Public Hearing: CUP 14-006 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eighty (80) Dwelling Meridian City Council July 22, 2014 Page 53 of 69 Units (20 Four-Plexes) on Approximately 4.28 Acres in the C -G Zoning District Approved O. Public Hearing: MDA 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Amend the Recorded Development Agreement for the Purpose of Excluding the Property AND Creating a New Development Agreement to Govern the Proposed Timbergrove Subdivision Rountree: Next item. 7-M, N, O. Staff. That's Timbergrove. Parsons: Thank you, Mr. President, Members of the Council. Next item on the agenda is the Timbergrove project. It's -- the architecture is pretty similar to the last design as the applicant stated. It's the same developer on this piece of ground. In this particular case it's actually seven of the vacant commercial lots that were platted with the CentrePointe Subdivision in 2006. The applicant is proposing to replat these with 20 buildable lots and going through conditional use permit to develop 80 multi -family units on the site. So, 24 four-plex structures. You can see here to the east -- or the west we have existing single family residential, zoned R-8. To the north of this project is vacant commercial ground zoned C -G and future phases of that CentrePointe commercial development. To the east we have a commercial shopping center, Kohl's and multiple various commercial uses there. And, then, to the south we would also have existing vacant commercial land zoned C -G. You can see here that this project -- the property has been vacant for quite some time, since 2003. And the applicant is, again, to discuss this proposal. Again here you can see the 20 units. This is a little bit denser than the last project. This is approximately 18.7 dwelling units to the acre, which the comp plan designation on this property is mixed use regional. Under that land use designation the Comprehensive Plan anticipates densities between six and 40 units to the acre. So, this is at the mid range at that point. If you recall in 2012 the developer did come through to the city and amend the development agreement to allow multi- family uses within the CentrePointe development. Originally when they were before you in '03 with their annexation they actually restricted the use of multi -family on the site, but they have since amended the DA to allow the use to occur on the site. The UDC does require that multi -family developments get conditional use approval in the C -G zoning district. Here is the landscaping for this site. Again, this is less landscaping than what you saw on the previous plan, but the landscaping plan before you this evening does consist of approximately 76,000 square feet or a little bit over an acre of open space. Primary open space for this development is located here central to the development, so north is oriented to the left here. Three access points to CentrePointe Road are proposed with this development and these driveways actually were aligned with existing curb cuts with a commercial development across North CentrePointe Way. One thing for -- one thing that's changed since this has come before is CentrePointe Way at one time was a local street and ACHD has since changed the classification to a collector. So, we envision this being essentially a frontage or backage road to Eagle Road in the future and it serves that at this point as well. With this subdivision improvements in Meridian City Council July 22, 2014 Page 54 of 69 2005 a ten foot wide landscape buffer was installed with the development of those commercial lots and the Council at that time also approved a ten foot landscape buffer adjacent to the single family residences along the west boundary where moving my cursor here. So, what you see here -- all these -- and the applicant's actually tilted the buildings at an angle, so only a portion or a corner of that building is at the ten foot setback, the rest of it opens up to provide more open space or provide less bulk and scale adjacent to those single family residences. So, we do -- I like the design of how they have positioned the buildings and show that as more open space and also provide that compatibility with the HOA's and single family residences. The proposed amenity for this development would be an existing -- or a clubhouse here adjacent to CentrePointe Way. We have a large tot lot here -- or plaza area and, then, multiple sitting areas within the area. One item that we were requesting -- that's been changed since Planning and Zoning Commission was -- the construction of this driveway to that commercial lot and I will get into that in a little bit more as I move forward through my presentation. So, these elevations are very similar to what was presented to you in my last hearing -- or last presentation. Again, we are looking for a mix of building materials within the development. Multiple color schemes. And, then, also all the carport structures to match the color scheme development as well and here again are the examples. Here is the elevation of the clubhouse. It, too, should have the same mix of materials as the proposed multi -family units and, then, this is, basically, a schematic of the proposed picnic areas for the development. Because this property is subject to multiple development agreements and the applicant is -- had to -- in order to administer this development staff felt that it was cleaner for them to extract this proposed development away from the original CentrePointe DA and have them enter into a new DA with the city. And so these are the recommended provisions before you this evening with a DA modification. We are tying them to their layout. Their density. And, then, also any future ordinances and, then, extracting them from the previous two DAs that are restricted to the site. So, the Planning and Zoning Commission did recommend approval of the project at the June 19th hearing. Testifying in favor was Steve Arnold. No one testified in opposition of the application. Jonathan Seel did testify on the application and wanted some clarifications and I will dive into that a little bit more and, then, David John, who is an adjacent property owner within the Champion Park Subdivision also spoke on the application. Mr. Arnold and Jonathan Seel did submit written testimony on the application. And there were quite a few items that were discussed at that hearing. The first one was the alignment of the southern access point -- if I can go back here to the site plan, it shows how it will interface with that commercial lot along Ustick Road. So, the Commission was concerned about funneling that commercial traffic just through that portion of the development, so they were wondering how they could realign this access point. As I mentioned to the Commission, this is set in stone. ACHD supports this location. It does align with the driveway across the street and so this shouldn't be impacted too much by that commercial lot. It is a single lot, but that was a topic of discussion and one of the changes to the staff report requires that the driveway actually be constructed to that boundary. Not just get an easement, but actually construct a driveway so it's in place prior to the development of the commercial lot. The other issue -- the item of discussion discussed was this proximity of this development to a collector street and how the front entrances front on a collector street Meridian City Council July 22, 2014 Page 55 of 69 and how that would interact with, again, children or pedestrian or pedestrians playing with the development and the safety concerns with that. The second -- the third item was the pedestrian connection with Champion Park that you can see here. I know a lot of the adjacent neighbors -- or at least some of the residents in Champion Park believe that this is not a micropath connection, it's merely an access road to get you to the pump station. But it is a multi -path -- a micropath and it needs to tie into the development to not only link this development with the commercial to the east, but also allow these residents access to get to Champion Park that's developed in their subdivision the city park. So, staff believes this is a very important connection for this development because of the limited amount of open space, although it does comply with the ordinance, that amenity so close by to this development will be an enhancement to this development. So, we certainly want that connection to remain in place. So, there were several conditions modified as I testified. One was the requiring of the construction of the driveway to the south boundary and the other issue that was brought up -- or Mr. Seel in his testimony -- written testimony wanted to make it clear that staff has a condition that there is actually a 30 foot wide landscape buffer developed between the central access and this other access, we wanted to make sure that that would happen on the west side of the roadway and not on the commercial lot. So, Mr. Seel felt the language wasn't very clear, so we have clarified that this is actually to happen with this development on the west side of North CentrePointe Way. And so that two outstanding issues before you this evening -- one would be -- or at least one outstanding issue for you to act on this evening is pretty similar to what we dealt with on the Citadel project. The way the ordinance is structured is whenever you have residential uses adjacent to a commercial use we require a 25 foot landscape buffer. Well, at the time that these commercial lots came in residential wasn't contemplated, so that portion of the ordinance didn't apply. Now that the applicant is proposing a residential use up against this commercial lot now all of a sudden we have put the burden on this commercial lot to construct a 25 foot wide landscape buffer. Now that we have a DA opened up for the CentrePointe development the applicant is requesting that the Council modify the requirement for that landscape buffer and add a DA provision that states that they construct a five foot wide landscape buffer on the commercial lot. I would mention to Council that this building as it sits here adjacent to that commercial lot is approximately 12 feet from the boundary. So, if you were to allow the five foot landscape buffer here, you, essentially, would have a 17 foot setback between this multi -family structure and the parking lot or a commercial building. And this lot here, which is to the west, is also zoned C -G commercial, so it, too, has some requirements for landscape. That landscape buffer has already been installed with that commercial lot, so there aren't any concerns with the commercial lot within the Champion Park Subdivision. So, we are merely -- the applicant would like you to take -- address that landscape for this commercial lot as part of the changes to the DA if someone planned to do that this evening. Other than that outstanding issue, staff has not -- has received written testimony from the applicant again late this afternoon. They are in agreement with all the changes and conditions in the staff report. Staff is recommending approval. Planning and Zoning did recommend approval and I will stand for any questions you have. Meridian City Council July 22, 2014 Page 56 of 69 Rountree: Questions for Bill? Bird: I have none. Rountree: Very good. Steve. Arnold: Name and address again? Rountree: Please. Arnold: Steve Arnold. A -Team Land Consultants, 1785 Whisper Cove, Boise. 83709. 1 won't go into much of the building design on this. I have kind of addressed it in the previous one. I will note that in addition to what Bill's talked about, if you will notice the buildings adjacent to the west side of the project are different than the ones facing the north side -- of the east side and one of the reasons that we modified that building was so there would be no sidewalk in the back of the lots. That's not creating issues with the police and vision in the back that I also tried to line up as best possible the -- there is townhouses to the west of us and I tried to make it equal, one unit backing up to each townhouse unit, so that was the reason for the difference in the building and the elevations there. As Bill stated we eliminated one of the entrances onto CentrePointe Way, which made ACHD happy, because once you go from a commercial street to a collector they have access restrictions, so allowing to do the north -south drive aisle that we are proposing, we were able to eliminate some of the access points. The main access is there centered and it's aligned with the main drive aisle through the east of us within the commercial development and as Bill stated, we are not asking for the development agreement modification, but we are in agreement with the request from Mr. Seel to modify the development of the DA to allow for a five foot wide buffer there at our south boundary and we are in agreement with the request to pave that approach right -- that was my bad, I should have shown that in the first place. I guess with that being said I will stand for any questions. Rountree: Questions? Milam: Mr. President? Rountree: Genesis. Milam: So, is there -- so, there is no fencing on this one anywhere around the perimeter; is that correct? Arnold: There is fencing adjacent to the west, but high vinyl. Milam: Okay. Rountree: Further questions? Thank you. This is a public hearing -- several public hearings. Anyone wish to testify? Jonathan, welcome. Meridian City Council July 22, 2014 Page 57 of 69 Seel: Good evening, President, Commissioners, Jonathan Seel, W.H. Moore Company. 1940 Bonito. As some of you probably remember, I have been involved in this project since the beginning. I can remember when it was an alfalfa field and back then when I was going through approvals I would have never envisioned I would be standing here today advocating for residential. If Anna Canning was here today she would probably be over there rolling on the floor right now. But the truth of the matter is we envisioned originally that this would be potentially some type of back office use or some type of limited retail, such as a tire store or something. But the truth of the matter is we have had zero -- literally zero interest in this land since we have developed it. And so we really feel at this point that the next suitable use for it is this type of project. Again, it is a good transition between commercial and single family. We think it is a nice design. Obviously it's limited with the width. So, again, tonight I would ask that you do approve this project, because I think the only other option for us is that it would remain a weed field for who knows how long, unfortunately. The other request I had is that -- as Bill talked about the five foot buffer, which borders our property -- if I can -- I think this -- right there. Of the matter is -- as Bill mentioned to you, that drive lane is capped in concrete, literally and figuratively, and if we were required to do a 25 foot buffer there that would make that lot, which would be to the border of Ustick Road almost unbuildable. It's a very small lot as it is. So, that's why we are asking for an exception tonight to reduce that to five feet. I think the truth of the matter is there shouldn't be any surprise to anybody that's coming in this particular development that they know they are going to have some type of commercial development, whatever it is, surrounding it along here, so we simply ask you to approve that. With that I will stand for any questions you have. Rountree: Any questions? Bird: I have none. Rountree: Anyone else wish to testify? Steve, do you have any wrap up? Okay. Thank you. Council, any questions? Discussion? Motion? Borton: Mr. President? Rountree: Mr. Borton. Bird: I move we close the public hearing on Item PP 14-007, CUP 14-006 and MDA 14-007. Milam: Second. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 7-M, N, O. All those in favor of the motion signify by aye. Meridian City Council July 22, 2014 Page 58 of 69 MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: Unless there is some discussion, I would move that we approve Items -- M is the number? Rountree: M. 7-M. Borton: -- 7-M, PP 14-007, to include staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-M. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Borton: Mr. President? Borton: I would move that we approve Item 7-N, CUP 14-006. Milam: Second. Rountree: It's been moved and seconded to approve item 7-N. Any discussion? Zaremba: Discussion if I may, Mr. President. I think we had a choice. I'm agreeing with the most recent thing staff said about the five foot landscape buffer on the south and making that connection with a cross -access at that south driveway. I also would reinforce what staff -- what Bill said about the existing pathway into the west subdivision. It was always the intent that that be a pedestrian access between the residential and the commercial and I appreciate that this applicant has accommodated that. Those are my comments. I just wanted to make sure that's what we were talking about. Rountree: Any other comments? Discussion? Bird: I have none. Meridian City Council July 22, 2014 Page 59 of 69 Rountree: Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move we approve Item 7-0, MDA 14-007, a modified development agreement. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-0. Discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: My question for Council -- that doesn't necessarily wrap up the five foot buffer on the commercial lot to the west of this -- actually to the south of this on Ustick. So, what's the Council's desire there? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: We have had a similar situation to this once or twice in the past and the most recent one that I am thinking of we stated that the property where the use was changing is where the buffer had to go. We have already approved this plan without saying that the 25 foot buffer had to be on the property. I think that we have -- the issue is there was never a requirement for the 25 foot buffer on the south -- on the property to the south of this and making residential out of this should not put the burden on that property to provide the buffer. If we didn't require it on the residential property who is the one making the change, I think we can exempt the existing preconceived commercial property from taking on that burden. I don't see that that should be an issue under the law. Rountree: Caleb, do you have a comment? Hood: Mr. President, just a comment on that. I like -- I like your train of thought there. Unfortunately, we do need the record, because the onus is on the developer of the Meridian City Council July 22, 2014 Page 60 of 69 currently vacant lot to mitigate their impact on the residential. It doesn't take into account that before it was all planned for commercial. So, on the record it would be certainly clearer and part of -- since the development agreement was already open, you specify that there needs to be a certain buffer width between these two lots, that way it's clear. Certainly that train of thought makes some sense that we need to actually put that, because if someone looks at just development review of that vacant lot, the ordinance says you provide the buffer to residential. It's not the other way around, so if we could amend the last motion or somehow include that in a sub motion or another motion to just -- Bird: Mr. President? Rountree: Mr. Bird. Bird: If the maker of the motion would just state including all staff, public, and applicant comments that covers that five foot buffer, because Bill was very clear about it. Zaremba: Well -- and, Mr. President, my comments before we voted specifically pointed out that we all knew we were approving the south property to have the five foot buffer and that was my intent to have that as part of the record. I guess my question is for Caleb, do you think we need a separate motion that applies only to the south property? Hood: Unless legal staff says otherwise, I do. Councilman Zaremba, your comments were made while you were talking about the plat and the CU. Zaremba: Yes. Hood: Now is the time to act on the development agreement modification. That's what applies to Mr. Seel's property that they are maintaining. So, anything that runs with that land needs to be done when you're acting on something that is on that property and that's the development agreement that applies to all of CentrePointe. Zaremba: I'm getting the legal technicality. Thanks. We know what we want to accomplish. Hood: I'm sorry for being so bureaucratic in that, but -- Zaremba: No. You make a good point. Hood: -- it does need to go with that application. Zaremba: Yeah. Rountree: I would suggest that a second motion identifying that as our desire with the open MDA would take care of the matter and have the record very clear. Meridian City Council July 22, 2014 Page 61 of 69 Bird: I agree. Borton: I will take a shot at it. Rountree: Okay. Borton: Mr. President? Rountree: Mr. Borton. Borton: I move we approve 7-0, MDA 14-007, the modified development agreement, and to include in that approval the approval of a five foot wide landscape buffer along the north boundary of the commercial property directly south of this project. Bird: Second. Rountree: It's been moved and seconded to provide that language in the modified develop agreement. Any further discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Adoption of the Tentatively Proposed Revenues and Expenditures for Fiscal Year 2015 for the Amount of $93,757,229 Rountree: Okay. We are at Department Reports, Item 8-A, the adoption of the tentative proposed revenue and expenditures for FY -2015. Mr. Bird. Bird: Mr. President, I move that we send forward the tentatively approved revenues and expenditures for fiscal year 2015 in the amount of 93,757,229 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-A in the amount stated. Any discussion? All those -- no. This is a roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council July 22, 2014 Page 62 of 69 B. Approval of the Amended Revenues and Expenditures for Fiscal Year 2014 in the Amount of $91,485,197 Nary: Mr. President? Rountree: Yes. Nary: Mr. President, Members of the Council, I guess maybe be more for the public record, because we have had some public comment, that all you're doing with this motion -- and I know all of you know this, but for those that are maybe watching at home or in the audience, this is simply setting your ceiling for the advertisement for your public hearing in August. So, we have had some folks already comment thinking this was approving your budget and it's not. So, I just wanted to make that clear. And the next item is approving the amount that we will, then, put in ordinance in August for the final close out of this current fiscal year's budget. Rountree: Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve the 2014 fiscal year amended revenues and expenditures in the amount of 91,485,197 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-B. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. C. Legal Department: Agreement for Professional Services with Corbett Auctions and Appraisals, Inc. Rountree: Next item is 8-C. Bill, can you give us a rundown on that? Nary: Yes. Thank you, Mr. President, Members of the Council. This one is a little bit unusual, but you have two items, C and D. C is simply a professional services agreement with Corbett Auctions and Appraisals to run an auction for the city. We are actually doing this jointly with the city of Boise and with Ada County Sheriff's Office. Item D is something unusual that you haven't seen before, because the law changed recently. In the past when we had seized firearms that were still usable, the department Meridian City Council July 22, 2014 Page 63 of 69 under certain conditions could convert them for police use or we would just have them destroyed. Now the law requires, if they are still usable, that they be auctioned off. And so unless they have a serial number filed off or not usable or been altered off, they have to be auctioned and so the three agencies found it was easier and more valuable to combine all those efforts into one auction and so we have it scheduled in August. This is just a contract approving the engagement with Corbett and moving forward and, then, this is the disposition of that property. It's not technically the city's, but it's in our possession. So, Item D is simply a resolution acknowledging that. Bird: Mr. President? Rountree: Questions? Yes, Mr. Bird. Bird: Bill, would you explain for the public where the money goes that we -- come in from this auction on our part of the guns? Nary: I think the money just comes back to the city. Bird: It comes back into the General Fund? Nary: Correct. In the General Fund. So, yeah, it's actually a -- I don't know if it's even a -- law enforcement directed, I think it just simple goes back to the General Fund. Bird: Yeah. I just wanted to clarify. Nary: Sure. D. Legal Department: Resolution No. # 14-1001: A Resolution Setting Forth Certain Findings and Purposes to Authorize Sale at Public Auction of Firearms in Custody of the Meridian Police Department due to Abandonment, Impound, Leaving, or Release from Attachment. Rountree: Other questions? Very good. Item 8-D. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve resolution number 14-1001. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-D. Discussion? Roll call, please. Meridian City Council July 22, 2014 Page 64 of 69 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Nary: Mr. President, you would also have -- you need to approve the professional services agreement as well. Bird: Oh, I'm sorry. Rountree: Oh. Yeah. All right. Going back to Item C. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the agreement for professional services with Corbett Auctions and Appraisals, Incorporated. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-C. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics A. Selection of Date and Discussion Regarding a Joint Meeting with City of Kuna in Regards to South Meridian Rountree: Future Meeting Topics. There is one -- one item on our list. Robert, are you going to give us -- Caleb, Robert, none of your team? Caleb: Council President, we actually drew straws and Jacy was going to -- Rountree: Okay. Caleb: If you want to I can -- Jones: We will give it a go. Mr. President, Council Members, Wendy with the city of Kuna has reached out to us. She would like to have -- schedule a joint meeting with our group and theirs to discuss the area of impact on Kuna and Meridian's border. They Meridian City Council July 22, 2014 Page 65 of 69 have discussed potential dates. July 29th, which is next Tuesday, was one date that's suggested. August 12th following your workshop has also been proposed. Basically they would like us to go back to them with some suggested dates. They are looking at doing it potentially on a Tuesday. They regularly meet at 7:00 p.m. and they would like to host it there. So, we will take your direction on maybe a list of dates that you like and try to work with them and get their council on board and make that happen. Rountree: So, I guess there are two things here. Do you wish to meet with Kuna? And the subject is our southern borders and their northern borders and, if so, what days that have been recommended and/or are there other days you might suggest and move forward. So, what's your pleasure? Borton: Mr. President? Rountree: Mr. Borton. Borton: I, for one, think it's a great idea and any chance we can continue those discussions -- it's a great offer and we should participate yearly. As far as the date and time for me it's hard to pick, if it's a day meeting, night meeting, but we can work that out I'm sure in August and come up with something. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I agree, I think it is a good idea. Be nice to meet with them and discuss the subject in particular, maybe others as well. Just as a consideration -- and maybe Jacy already said this -- our workshop day -- we could have our regular meeting at our workshop time and, then, go to their meeting in the evening if anybody wanted to put that many hours into Council meetings on that Tuesday. Cavener: Mr. President? Rountree: Luke. Cavener: I also agree and I think that the one thing we don't want to do is risk cutting our regularly scheduled meeting short to appeal with their time table. So, I like the idea of meeting at 7:00 o'clock after our workshop session. I think that gives us ample time to conduct our business here. It makes for a long day I know for some of us, but I think that would probably work best. Rountree: Other comments? Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 66 of 69 Bird: I agree, I think we need to meet with them and the 12th after our meeting we can get together and go down there and talk with them and I think it's very important that we get communication going between the two of them before communication shuts up or something. Milam: Mr. President? Did they -- do we do this at their regular meeting or can they meet earlier? I mean is it 7:00 o'clock or -- Rountree: That's a question for Caleb. Hood: Council President, Council Woman Milam, the rest of the Council, they regularly have 6:00 o'clock work sessions similar to what we have at 3:00. 1 don't think -- this isn't an action item, it's just a discussion, so I think 7:00 o'clock was mentioned. Your workshop starts at 3:00. 1 would think we could be done at 5:00 o'clock and still allow time for a little bit of a break and the drive down there, so 6:00 o'clock may be -- but I guess we could leave it up to Kuna, 6:00 or 7:00, maybe leave that in their court. Everyone seems to be leaning towards the 12th for a meeting, so 6:00 o'clock -- again, they regularly have workshops, special meetings at 6:00 p.m. Milam: Okay. Hood: If that helps. Milam: Thank you. Rountree: So, I get a general consensus that we are looking at the 12th and the timing is kind of based on what works for them. We will start our regular workshop at 3:00 and try to keep it -- Bird: Short. Rountree: -- Jacy, on a -- don't load up the agenda and we can meet that time. If 5:30 works good for them we can probably do that as well. So, is everybody in concurrence with that? Bird: I am. Rountree: All right. Very good. I will tell you that we have met several times with the mayor and the president of their council and a couple times have reached a general agreement and consensus, only to be told after meeting with their council that that's not necessarily the way their council wants to go, so I think it's an opportunity for both councils in total to get together and air our desires and see if we can come to some agreement. But, anyway, I appreciate your willingness to do that and we will try to get that done on the 12th. Meridian City Council July 22, 2014 Page 67 of 69 Zaremba: Mr. President? On the subject of future meetings, the meeting the week before that is National Night Out. Rountree: It is. Zaremba: And do we want to expose the new people to where we meet and how and talk about National Night Out a little bit? Rountree: Just give us a little low down on that. Basterrechea: Yeah. National Night Out would be just like years past. The kickoff will be at the Applebee's here in town at -- on Eagle Road at 4:15. And, then, after that's done we usually meet with Council members who are wanting to go to the different National Night Out events and you will ride with one of the command staff or a sergeant and we will run you to the different events throughout the city, so -- we usually divide it up amongst Council Members, so that we can hit as many of them as we can. So, if you are wanting to go, if you could let us know that up front, so we can divide those tasks up that would be great. Rountree: And we will get notified of that shortly about your desire and they will identify how many of these events are going on, split them up amongst the various Council people and you will have an opportunity to see a part of the city you haven't and meet some folks you hadn't seen before, so -- it is kind of an interesting night. It's fun. You eat a lot. You can eat a lot of pizza. Bird: Hot dogs. Rountree: Hot dogs. Bird: Burgers. Rountree: Anyway, we will have something out on that I think the closer we get and as they identify how many block parties there will be. Basterrechea: We usually know about the week before exactly how many block parties. So, within the next week or so we can let you know that. Rountree: Very good. That brings us to -- Nary: Mr. President? Sorry to interrupt your train of thought, Mr. President. I wondered if you wouldn't mind taking up the Item 6-L. Rountree: Yeah. I was just going to go to 11. Nary: Yeah. If we could do that one first, then, maybe Caleb could get out of here. I would let you know, Mr. President, Members of the Council, I have had some e-mail Meridian City Council July 22, 2014 Page 68 of 69 contacts with Chief Niemeyer and Caleb has had a chat with Bruce Chatterton, so I will let you know what Chief Niemeyer and Mayor has actually weighed in as well. It was the desire of the consultant Phil Eastman to meet with all of you individually and as part of the facilitated discussion. It wasn't in the -- it's not in the scope necessarily, because we can't really force any of you to participate. We would also have to be cautious of open meetings. So, we want to make sure that we are sensitive to the -- how we can do this, but it was the desire of them to include all of you in both individual meetings, as well as facilitated meetings, and it was our intention and desire tonight to have the agreement approved so we can get the work started so it can get completed by the end of September as required and you don't have another meeting until the 12th to approve anything, because on the National Night Out this year it was requested to not even have a Consent Agenda, so you won't even have a five minute meeting like we have done in the past. So, we wouldn't be able to get -- we won't have anything else in front of you until the 12th. So, that was the reason it was on tonight and I don't know if Caleb has more to add from his conversation with Bruce as to the role of the Council. Rountree: That pretty much sums it up, Caleb? Hood: It does. I guess if Councilman Borton has any other follow-up questions or hopefully that addressed it, because that's what I heard from Bruce, so -- Rountree: Okay. Mr. Borton. Borton: It does. I -- just to make sure that we are -- at least have a chance to be involved on the front end. I think the budget process has exposed that Council might have strategic directions that we haven't articulated maybe as clearly as we could and this is an opportunity and we want to make sure we can do that, so I'm comfortable going forward with that explanation. Item 11: Item 5L moved from Item 6: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Rountree: So, we have that item for approval of the professional services in an amount not to exceed 53,250 dollars. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the professional service agreement with Leadership Advisors, Incorporated, for a not to exceed amount of 53,240 dollars. Borton: Second. Meridian City Council July 22, 2014 Page 69 of 69 Rountree: It's been moved and seconded to approve the Item 6-L, now 11 on our agenda. Any discussion? Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 10: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Amended onto the Agenda: Executive Session per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Rountree: That brings us back to Item 10, which is Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d) and (1)(f). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:57 p.m. to 9:25 p.m.) MEETING ADJOURNED AT 9:25 P.M. ( RECORD 149N_ ILE OF THESE PROCEEDINGS) TAMMY EERD, MA �co�roaarao Lc DATE APPROVED ATTEST: °sr -1-a ✓= � `'f III JAYCLEW01MAN, CITY CLE Sr4l �? ` 9 V' ,y "°A S['° e Changes to Agenda: None Item #7C, D: Archer Farm Subdivision (AZ -14.010; PP -14.010) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 4.93 acres of land, is currently zoned RUT in Ada County, and is located at 4660 N. Meridian Road. Summary of Request: Request for annexation & zoning of 5.2 acres of land with an R-8 zoning district. A preliminary plat is also proposed consisting of 20 SFR building lots & 1 common lot on 4.93 acres of land for Archer Farm Subdivision. The proposed gross density of the subdivision is 4.06 dwelling units/acre consistent with the MDR FLUM designation. The average lot size is 7,759 s.f. There is an existing home, bam and accessory structures on the site that are proposed to be removed. Access is proposed via 2 existing stub streets in Solitude Subdivision at the east & south boundaries; no access is allowed via N. Meridian Road. A 25 -foot wide landscaped street buffer is required along N. Meridian Road. There is an existing 7 -foot wide attached sidewalk along Meridian Road. The UDC requires detached sidewalks along arterial streets. Because the sidewalk is relatively new & was constructed to allow safe pedestrian access to the school to the north & it is 7 rather than 5 -feet in width, staff is not recommending the sidewalk is removed & replaced with a detached sidewalk. A 6 -foot tall fence exists along the north, east & south boundaries; a new 6' tall matching vinyl fence is proposed along the west boundary along Meridian Road. There is an existing irrigation ditch that crosses this site that is required to be piped. Conceptual building elevations were submitted for future homes in this development w/building materials consisting of architectural shingles, board & batten and lap siding, with cultured stone wainscot. Because homes on lots that back up to N. Meridian Road will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: Angela Robertson iv. Written testimony: Kevin McCarthy Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Kirsti Allphin, Applicant's representative (in agreement w/rec's) Notes: Item #7E, F: Castle Creek Subdivision (AZ -14-009; PP -14.009) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 6.58 acres of land, is currently zoned RUT in Ada County, and is located at 2432 E. Amity Road. Summary of Request: Request for annexation & zoning of 6.97 acres of land with an R-8 zoning district. A preliminary plat is also proposed consisting of 19 SFR building lots & 5 common/other lots on 6.58 acres of land for Castle Creek subdivision. The proposed gross density is 2.89 dwelling units/acre consistent with the LDR FLUM designation for this site. The average lot size in the proposed development is 8,045 square feet. The R-8 zoning is requested rather than an R-4 district for relief from dimensional standards due to the irregular shape of the parcel & the large area along the northeast boundary of the site covered by an irrigation easement for the Ten Mile Drain. All of the building lots along the northeast boundary have a substantial easement (up to a 40' wide) for the drain; a license agreement should be obtained from the irrigation district for lots that encroach within the easement area. A portion of this site along the drain lies within the Meridian Floodplain Overland District. Prior to development occurring in this area, a Floodplain permit application is required to be submitted & approved by the Floodplain Administrator. There is an existing home on the site that is proposed to be removed. Access is proposed via one public street access to E. Amity Road; direct lot access to E. Amity Road is prohibited. A stub street is proposed at the west boundary for future extension & interconnectivity. A connection to the east over the Ten Mile drain is not required on this site as Messina Meadows subdivision northeast of this site is required to provide a connection to the property to the west of this site. The Master Street Map (MSM) contained in ACHD's South Meridian Transportation Plan depicts a north/south residential collector street along the western boundary of the site. Because a collector street is already planned east of this site with Messina Meadows subdivision to Ustick Road & a stub street will be provided from Messina Meadows to the parcel to the west for connection to Ustick Road, staff & ACHD do not feel a collector street is necessary to be provided on this site. A 25 -foot wide landscaped street buffer is required along E. Amity Road as proposed. A total of 1.36 acres (or 20+%) of common open space is proposed which is over twice the amount required. As a site amenity, the applicant is proposing an additional 5% open space over the required amount of 10%. A segment of the City's multi -use pathway system is designated on this site along Amity Road & along the northeast boundary of the site along the Ten Mile Drain. The pathway along the drain is being constructed w/Messina Meadows on the east side of the drain. The Park's Dept. is allowing the 5 -foot wide detached sidewalk along Amity Road to satisfy the pathway requirement. Staff recommends a 10 -foot wide multi -use pathway is constructed at the SEC of the site from the sidewalk along Amity north to the future pathway to be constructed in Messina Meadows. Conceptual building elevations were submitted for future homes in this development w/building materials consisting of architectural shingles, 3 different types of siding, with stone accents. Because homes on lots that back up to E. Amity Road will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Dave Yorgason ii. In opposition: iii. Commenting: iv. Written testimony: Dave Yorgason Key Issue(s) of Discussion by Commission: i. Street frontage requirement for Lot 3, Block 2 Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: L The applicant requests Lot 3, Block 2 is allowed a reduced street frontage, from 50 feet to 39 feet. Properties with street frontages on cul-de-sacs or at approximately a 90 degree angle are allowed to be a minimum of 30 feet measured as a chord measurement, per UDC 11-2A-38.1. Written Testimony since Commission Hearing: None Notes: Item VG: Heritage Grove Subdivision (FP-14.031) Application(s): Final plat Size of property, existing zoning, and location: The site consists of 6.81 acres of land, is currently zoned R-15, and is located near the northwest comer of N. Locust Grove Road and E. Ustick Road. Summary of Request: The applicant has applied for a final plat consisting of 33 residential building lots and 10 commonlother lots on 1.96 acres of land in the R-15 zoning district. This is the first phase of development proposed for the Heritage Grove Subdivision. The gross density for this phase of development is 4.84 dwelling units per acre with a net density of 6.82 dwelling units per acre. The proposed open space for the first phase consists of the street buffers adjacent to N. Locust Grove Road and E. Ustick Road, 8-foot wide parkways along the local streets, and passive open space. The common open space proposed for the development is 1.64 acres or approximately 24% with this phase of development. The common open space complies with the overall open space approved with the Heritage Grove development. The submitted final plat is in substantial conformance with the approved preliminary plat. The applicant has submitted written response to the staff report agreeing to comply with all conditions of approval after the required date to keep this item on the consentagenda. Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Item #7H & I: Citadel II Self-service Storage Facility (RZ-14.004, CUP -14-007) Application(s): Rezone and conditional use permit Size of property, existing zoning, and location: This site consists of 4.80 acres of land, zoned R-4, and is located on the east side of S. Eagle Road, north of E. Easy Jet Drive. Adjacent Land Use & Zoning: 1. North: Ridenbaugh Canal and Silverstone Business Park, zoned C -G 2. East: Sutherland Farms Subdivision, zoned R-8 3. South: Office Park, zoned L-0 4. West: Eagle Road, Thousand Springs Subdivision and Fire Station, zoned R-4 and L-0 History: In 2002, the property was approved as part of the Sutherland Farms Subdivision planned unit development to allow either an office development or a multi -family development in the R-4 zoning district. Summary of Request: The applicant has applied to rezone 5.44 acres of land with a C -C zoning district consistent with the MU -C land use designation. The applicant is proposing to rezone the property to develop a self-service storage facility on the property. Under the UDC this use is allowed in the proposed C -C zoning with conditional use permit approval. Now that a different use is proposed for the property, staff recommends a new development agreement to govern the property. The applicant has applied for a conditional use permit to develop a self-service storage facility consisting of twelve (12) storage buildings (73,775 square feet) and a 648 square foot office building. The proposed storage facility complies with the specific use standards, except for the 25 -foot wide landscape buffer along the east boundary. The applicant is requesting a Council waiver to construct a 10 -foot wide landscape buffer. With the application submittal, the applicant has provided signed statements from a majority of the adjacent home owners in agreement with the reduced buffer however; during the public hearing, several of the neighbors requested a 15 -foot wide landscape buffer. Based on the public testimony, the Commission is recommending the Council require a 15 - foot wide landscape buffer on the east boundary. The applicant is also seeking Council waiver for an access to Eagle Road; the secondary access will be provided by a shared driveway with the office park to the south. The applicant is proposing to construct a 10 -foot wide multi -use pathway along the north boundary in accord with the Master Pathways Plan. The pathway is separated by Eagle Road without safety measures in place to ensure the safe crossing of pedestrians using the pathway. The proposed development is required to comply with the design review standards set forth in UDC 11-3A-19 and the Meridian Design Manual. The applicant has submitted renderings that demonstrate how the site will be viewed from the public streets and the future pathway. The proposed building materials for these structures include metal siding, hard! -plank siding, stucco and split face CMU block. The southern and eastern facades of this facility are adequately screened by existing structures, fencing and landscaping. The Commission has recommended the following revisions to the elevations to ensure the proposed development meets the City's design review standards. 1) On the west elevation, the 2 block parapets must extend a horizontal distance to span 50 feet each. All of the block along the west boundary, including the block parapets, should incorporate a decorative cap or decorative cornice to provide articulation in the facade; and 2) the gate adjacent to the office park must be constructed of solid material to screen the interior of the development. Commission Recommendation: Approval at the June 191" hearing Summary of Commission Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: Jake Centers, Mike Darr and Ed Williams iv. Written testimony: Jim Conger Key Issue(s) of Discussion by Commission: i. The design of the proposed development. ii. The 10 -foot setback adjacent to the single family residences on the east boundary. iii. Safe pedestrian crossing at Eagle Road for access to the multi -use pathway. iv. Access and maintenance of the 10 -foot wide landscape buffer along the east boundary. v. Grade differentials between the proposed development and the existing residences on the east boundary. vi. Coordination with the Sutherland farms HOA on the relocation of the existing fence in the northeast corner of the proposed development. Key Commission Change(s) to Staff Recommendation: i. Elimination of condition 1.2.2, bullet #4 removing the requirement to provide written documentation from the Sutherlands Farms HOA on the relocation of the existing fence. ii. Elimination of condition 1.2.19 removing the requirements for the applicant to coordinate with ACHD and the Fire Department to see if there is an option to retrofit the emergency signal installed at the Fire Station for the purpose of providing a signaled pedestrian crossing. iii. Modification to condition 1.2.5b and 1.2.5c removing the requirement for the accent band on the west fagade and a solid gate at the main entrance into the complex. Outstanding Issue(s) for City Council: L The 10 -foot setback along the east boundary. Based on public testimony provided at the hearing, the Commission has recommended a 15 -foot setback. ii. The applicant is requesting a Council waiver to allow the main access to the development from S. Eagle Road. ACHD staff has approved the proposed access to Eagle Road. Written Testimony since Commission Hearing: Jim Conger submitted written response to the Commission Recommendations and requests following modifications: 1) Overturn the commission's recommendation for a 15 -foot wide landscape buffer on the east boundary; and 2) Condition 1.2.5, bullet — remove the requirement to construct the 50 -foot wide parapets in lieu of a nicer office design. Notes: Item #7J, K& L: Shallow Creek (AZ -14.008, PP -14.008, CUP -14-005) Application(s): Annexation, preliminary plat and conditional use permit Size of property, existing zoning, and location: This site consists of 6.61 acres of land, is currently zoned RUT, and is located on the southeast corner of S. Locust Grove Road and E. Franklin Road. Adjacent Land Use & Zoning: 1. North: Pasture, County residence and undeveloped commercial property, zoned RUT and C -G 2. South: LDS Stake Center, zoned C -N 3. East: County residences and pasture, zoned RUT 4. West: Single family residence and ACHD drainage pond, zoned R-40 Summary of Request: The applicant has applied for annexation of 6.61 acres of land from the RUT zoning district in Ada County to the R-15 zoning district; preliminary plat consisting of eighteen (18) buildable lots and two (2) common lots on approximately 5.85 acnes and; a conditional use permit (CUP) for a multi -family development consisting of seventeen (17) four-plex structures, totaling sixty-eight (68) dwelling units. Gross density for the proposed project is 11.6 dwelling units to the acre consistent with the Comprehensive Plan and the R-15 zoning district. Access is provided from a single access to S. Locust Grove Road. Due to the number of constraints on the property no other access is proposed nor is cross access being required to the east or south. The parking area and the internal drive aisles are proposed as a common lot to provide shared parking and street access in accord with UDC. The subject property is encumbered by a flood plain and floodway. The applicant is also proposing several enhancements and encroachments (e.g. landscaping, pathway, parking and planter islands) in the floodway which may not be allowed without further approvals and study. The applicant is responsible to obtain all of the necessary approvals from the City and the Army Corp of Engineers prior to any development occurring on the property. The open space for the entire development is approximately 3.85 acres. The applicant is proposing the following qualifying amenities: 1) a covered picnic area, 2) large open grassy area, 3) clubhouse and 4) a 10 -foot pathway. Staff is supportive of the proposed amenities for the development. All of the structures are proposed to incorporate a mix of building materials to include the following: three (3) wood siding material (board and batten, horizontal lap and shake), architectural shingles and belly band. Staff supports of the proposed material materials for the proposed development. To avoid a monotonous design, the applicant must provide 1) three (3) distinct color palettes of earth tone colors to provide color variation; 2) three distinct building designs that use the same form but orient the building differently on the fagade of the structures; 3) use the same building materials on the clubhouse and 4) all of the proposed carports should be painted or powder coated to complement the overall color scheme for the development. Compliance with the aforementioned design changes will be required with the submittal of a certificate of zoning compliance and administrative design review application. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Steve Arnold ii. In opposition: See below. iii. Commenting: Rod Cullip, Helen and Dale Sharp, John and Mary Ann Duncan and Melanie Hensmen iv. Written testimony: Steve Arnold Key Issue(s) of Discussion by Commission: i. The land use designation of the property to the east. ii. Development in the flood plain. Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Item #7M, N, &0: Timbergrove (PP -14-007, CUP -14.006, MDA -14.007) Application(s): Preliminary plat, conditional use permit and development agreement modification Size of property, existing zoning, and location: This site consists of 4.28 acres of land, is currently zoned C -G, and is located on the west side of N. Centrepoint Way and north of E. Ustick Road Adjacent Land Use & Zoning: Except for the residential uses on the west boundary, all other surrounding properties are vacant or developed commercial properties, zoned C -G. History: In 2003, the property received annexation with commercial zoning. At the time of annexation approval, the City required the execution of a development agreement. In 2006, the property received preliminary plat, final plat and development agreement modification approval to develop a commercial subdivision. In 2012, the owner amended the recorded DA to allow the multi -family use within the Centrepoint development. Summary of Request: The applicant has applied for a preliminary plat consisting of 20 buildable lots and 3 common lots on approximately 4.28 acres in the C -G zoning district; a CUP for a multi -family development consisting of 20 four-plex structures, totaling 80 dwelling units (gross density is 18.7 d.u.). The applicant has also applied for a development agreement modification to exclude the property from the original development agreements for the sole purpose of entering into a new one. Access to the proposed development is provided from 3 driveway connections to N. Centrepoint Way. The southern driveway will facilitate cross access to the adjacent commercial lot to the south. The parking area and the internal drive aisles are proposed as a common lot to provide shared parking and street access in accord with UDC 11-3A-3. The open space for the entire development is approximately 76,666 s.f. The applicant is proposing the following qualifying amenities: 1) three (3) covered picnic area, 2) central open grassy area, 3) clubhouse and 4) plaza. Staff is supportive of the proposed amenities for the development. All of the structures are proposed to incorporate a mix of building materials to include the following: three (3) wood siding material (board and batten, horizontal lap and shake), architectural shingles and belly band. Staff supports of the proposed material materials for the proposed development. To avoid a monotonous design, the applicant must provide 1) three (3) distinct color palettes of earth tone colors to provide color variation; 2) three distinct building designs that use the same form but orient the building differently on the fagade of the structures; 3) use the same building materials on the clubhouse and 4) all of the proposed carports must be painted or powder coated to complement the overall color scheme for the development. Commission Recommendation: Approval at the June 191h hearing Summary of Commission Public Hearing: i. In favor: Steve Arnold ii. In opposition: None iii. Commenting: Jonathan Seel and David John iv. Written testimony: Steve Arnold and Jonathan Seel Key Issue(s) of Discussion by Commission: i. The alignment of the southern access/cross access with the commercial lot to the south. ii. Pedestrian connection to Champion Park. iii. Pedestrian safety within the complex and orienting the entries of the units away from the street due to the proximity of the proposed development adjacent to N. Centrepointe Way. Key Commission Change(s) to Staff Recommendation: i. Modification to condition 1.2.1, bullet #1 that requires the construction of the cross access driveway to the south boundary of the development prior to occupancy of the first four-plex structure. ii. Modification to condition 1.2.2, bullet #2 that further clarifies the construction of the 30 -foot wide landscape buffer is required on the west boundary of N. Centrepointe Way. Outstanding Issue(s) for City Council: i. Reduced landscape buffer along the northern boundary of the southern commercial lot. The developer of the commercial lot is requesting Council to approve a 5 -foot wide landscape buffer along the north boundary with the development of the commercial lot and add a DA provision that references Council's action. Written Testimony since Commission Hearing: None Notes: Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES 7/15/2014 Approve Minutes of July 15, 2014 City Council Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-033 ITEM TITLE: BILTMORE ESTATES SUBDIVISION NO. 1 FP 14-033 Biltmore Estates Subdivision No. 1 by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Six (6) Common / Other Lots on 10.92 Acres of Land in the R-4 Zoning District MEETING NOTES MOP Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5C PROJECT NUMBER: FP 14-032 ITEM TITLE: REFLECTION RIDGE SUBDIVISION NO. 3 FP 14-032 Reflection Ridge Subdivision No. 3 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5D PROJECT NUMBER: FP 14-027 ITEM TITLE: WOODBURN WEST SUBDIVISION NO. 2 Continued from July 15, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5E PROJECT NUMBER: FP 14-030 ITEM TITLE: REARDON SUBDIVISION Final Order for Approval: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 10 BUILDING ) LOTS AND 2 COMMON/OTHER ) LOTS ON 1.96 ACRES OF LAND IN ) THE R-8 ZONING DISTRICT FOR ) REARDON SUBDIVISION ) BY: CS2, LLC ) APPLICANT ) HEARING DATE: JULY 15, 2014 CASE NO. FP -14-030 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 15, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development 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 REARDON SUBDIVISION, LOCATED IN THE NW '/4 OF SECTION 10, T.3N., RAW., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, DATED: 06/04/14, MICHAEL E. MARKS, PLS, SHEET I OF 2," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REARDON SUBDIVISION (FP -14-030) Page 1 of 3 Planning and Development Services Divisions of the Community Development Department, dated July 15, 2014, a true and connect copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Robert Unger, a true and correct copy of which is attached hereto marked "Exhibit 13" 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REARDON SUBDIVISION (FP -14-030) Page 2 of 3 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 7�;) uk day of �lil�f ,2014. By: TmnmTTk-Wcerd c0V0AATF0,j LC(ts ayorClity-of Meridian Attest: 3 rr C• ZoU��� �'q i'ounc�\ �res�dev�} �0 ^CifypF " a mIAN � r �ngxo y ee o ^dP SEAI ti` Ci Clerk A^ tpfA6URt P Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Dated: JU1 -\ a �-, - �)O� d ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REARDON SUBDIVISION (FP -14-030) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: July 15, 2014 CVEPIDIAN%,-- TO: Mayor and City Council I D A FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-14-030—Reardon I. APPLICATION SUMMARY The applicant, CS2, LLC, has applied for a final plat (FP) consisting of ten (10) residential building lots and two (2) cormnon/other lots on 1.96 acres of land in the R-8 zoning district. H. STAFF RECOMMENDATION/DECISION Staff recommends approval of Reardon Subdivision 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 -14-030 as presented in the staff report for the hearing date of July 15, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-030, as presented during the hearing on July 15, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-030 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: (Parcel #R3531730020) The subject property is located near the southwest corner of W. Cherry Lane and N. Summertree Way in the NW Yq of Section 10, T.3N, R.1 W. B. Applicant/Owner: CS2, LLC 8921 W. Hackamore Drive Boise, ID 83703 C. Representative(s): Bob Unger, ULC Management, LLC 6104 N. Gary Lane Boise, ID 83714 Reardon FP -14-030 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat depicts ten (10) residential building lots and two (2) common/other lots on 5.27 acres of land in the R-8 zoning district. With the final plat submittal, the recorded development agreement requires the applicant to provide recorded documentation as follows: 1) relinquishes the 30 -foot wide private road easement and; 2) identifies the responsible party for the maintenance and ownership of the private driveway on Lot 7, Block 2. The applicant has recorded the shared use and maintenance agreement (instrument #114036562) that complies with the aforementioned requirements. As part of the recorded agreement, the applicant must deed Lot 7, Block 2 to the property owner of parcel #S1210212530 upon recordation of the plat in exchange for relinquishing the private street easement. A condition of the preliminary plat requires the applicant to provide a 5 -foot wide landscape buffer along the west boundary of Lot 6, Block 2 to prohibit lot access to the private driveway. Because the private driveway is not a common driveway and ownership of Lot 7, Block 2 will be conveyed to the southern property owner, staff finds this condition is no longer warranted. Further, the recorded agreement stipulates that the developer will seek the City's approval of N. Jones Creek Court for the proposed street name. The applicant is seeking Council's approval to overturn the Street Naming Committee's recommended street name of W. Aspen Creek Court in favor of W. Jones Creek Court. Staff has discussed the requested street name change with the City's Addressing Specialist, Police and Fire Departments. Both the City's Addressing Specialist and the Fire Department support the Street Naming Committees recommended street name. The Police Department has expressed no concerns with the street name proposed by the applicant. Under the Unified Development Code, the City Council has the authority to approve the proposed street name. Prior to City Engineer's signature on the final plat, the applicant is responsible for obtaining the final approval letter from the Street Naming Committee approving the proposed street name for the subdivision. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -14-003). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of open space number has increased, staff deems the final plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved rezone, preliminary plat (RZ-14-002 and PP -14-003) and development agreement (DA #114036596) for this site. 2. The applicant has until April 15, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-613-7. 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 maintain surface water delivery and/or drainage to parcel #51210212720 in accord with Title 42 of the Idaho State Statutes. 5. The final plat prepared by Westbound Surveying Services, stamped on June 4, 2014 by Michael E. Marks, shall be revised as follows: Reardon FP -14-030 PAGE 2 EXHIBIT A a. Note #3: Insert instrument #114036596. b. Note #5: Replace Nampa Meridian Irrigation District with Settlers Irrigation District. c. Note #8: Insert the CCR's instrument number after recordation of the plat. d. Note #12: Add "in accord with the shared maintenance and use agreement recorded as instrument #114036562." e. Add a note to the plat that states the homes on Lots 1 and 2, Block 2 shall front and access from W. Aspen Creek Court. f. A cross-access/ingress-egress easement shall be granted to the property to the north (parcel #83531730010) through Lot 1, Block 1per the approved preliminary plat. A note shall be added to the face of the plat that references the recorded cross access agreement. 6. The landscape plan prepared by The Land Group, dated 06/02/14, shall be revised as follows: a. Construct a 25 -foot wide landscape along the entire frontage of W. Cherry Lane in accord with UDC -11 -3B -7C. b. All fencing constructed with the development shall be designed in accord with UDC 11-3A- 7. c. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-313-14. 7. Future homes constructed within the subdivision must comply with the submitted elevations attached in the recorded development agreement. 8. 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. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Temporary constriction fencing shall be installed around the perimeter of the development prior to release of building permits for this subdivision. 11. Staffs failure to cite specific ordinances, conditions from the preliminary plat or the recorded development agreement does not relieve the applicant of responsibility for compliance. 12. Prior to City Engineer's signature on the final plat, the applicant is responsible for obtaining the final approval letter from the Sheet Naming Committee approving the proposed street name for the subdivision. For clarification. the City Council approved W Aspen Creek Court as the street name for the subdivision as recommended by the Street Naming Committee. 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. Reardon FP -14-030 PAGE 3 EXHIBIT A 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 (ACHD) 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 signature. 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. 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 11-5C-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 may be 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 backfill, 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 j urisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in Reardon FP -14-030 PAGE 4 EXHIBIT A 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 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 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 proposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and air 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 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. 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 surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the 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 -14-003) C. Proposed Final Plat (stamped/dated: 06/04/14) D. Proposed Landscape Plan (dated: 06/02/14) Reardon FP -14-030 PAGE 5 EXHIBIT A Exbibit A — Vicinity Map °'S Vicinity Map ° ° Mlles Print Date: 6/25/2014 Reardon EP -14-030 PAGE 6 EXHIBIT A Exbibit B — Approved Preliminary Plat N _ W. CHERRY LANE PREUMINARY PUT SHDMNG TAM9DNNn0WME L01 eo e, 1 w 5,8J0 sf REARDON SUBDIVISION A RE-SUBDIA90N OF LOT 2, RLN I.BL CR 1 HEARIHSONE SUBDMSION ° s LOCATED IN SECTON 10, T.3N R W., B.M. ADA CO.INTY, IDAHO i 3 I p won m. 1014 I 4 5fmffs- e ui N- . ERCREE `s'zrar.La'� i 'F6ON& `i ! BLOCSz 46 } o 3 4 6 i q x x n 5.653 Of g m� m SII I� N i ti i in e i ....,... i 5,189 sI N: I _ S Bff36'30' E ]]21' . n IDEtwwaw�--, ' °w.sW ,ui VS ttw. wn. ,,5p yy ..nu...w.+•.m. REARDON SUBDIN1510N ,z RA[uMx.wr PIAT Reardon FP -14-030 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 06/04/14) Y ,ip rx� m I! PLAT SHOWING BOOK—PAGE__ ON HV33DaW ®]ff V.. A REWOU'VISION OF LOT 2. BLOCK 1, HEARNISTONE SUBDMSION LOCATED IN ME NWa4 4 OF SEcnm 10 T. 3N., RJW„ B.M., CITY OF IDIAN, ADA CCUN`FY. IDAHO 2014 W. CHERRY LANE ...:SG'uiFVo'YlY.e BASIS OF BEARING 5 99'90'23" E 2015-03' �•—• wvm __me 71° 111 UNPLATIED I I tO I I I 16 In x HEARTHSTONE SUBOINSIONI W. ASPENCREEK DRME T ° __me _LJ' 111 UNPLATIED I I xxtmO uma.u.I. M— A — v n,�ie w meal, v. 6�ampf w.,M da0 w mMYI m �.mm� wRV wLLmv.xrex.xwvnaw awmm�mwvxan Z K53;4.85.['°N:YB`[ffiLSA98V:P.S'Sw..'S.LS'S":,,P.f�Z'�.`•a'�m Lv. uc x[smurl° v�n~� o xxxus [oz o SIEET 1 CF 2 Reardon FP -14-030 PAGE 8 EXHIBIT A Exhibit D: Landscape Plan (dated: 06/02/14) W. CHERRY LANE j a ♦ , aSl L1pLE lAMIY �. n fl$IMf SO k'. JONES CHEEK VIAY lY ! —- PrelellCekullUouK --------------------- meolr.Ylle �..,,......„.....,.. — IT +.gym M Mtllmlimle Plel lndoeew No. a°am° aes3° eR.m :n eeu..o. 9 rL":. :4 {1{9HITQ4.bPIG __ I.I..be n r.awmm.rmuw i Reardon FP -14-030 PAGE 9 M A N A G E M E N T TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: July 10, 2014 RE: Response to Staff Report for FP -14-030 — Reardon Subdivision We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval. We look forward to working with you and your staff on this project and request your approval. If you have any questions or concerns please contact me at (208) 861-5220. Sincerely, �lwclao� T Robert C. Unger Manager ULC MANAGEMENT • 6104 N. GARY LANE • BOISE, IDAHO 83714 (208) 861-5220 • BUNGER@ULCMANAGEMENT.COM DESCRIPTION FOR WOODBURN WEST SUBDIVISION NO. 2 A parcel of land located in the SW 1/4 of Section 36, T. 4N., R. 1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the S 1/4 corner of said Section 36 from which a brass cap monument marking the SW corner of said Section 36 bears North 88°43'02" West, 2662.29 feet; Thence along the South boundary line of said Section 36 North 88°43'02" West, 665.30 feet; Thence leaving said South boundary line North 00°23'27" East, 141.63 feet to the REAL POINT OF BEGINNING; Thence North 67°09'36" West, 129.84 feet; Thence North 71002'19" West, 75.67 feet; Thence North 66037'06" West, 55.79 feet; Thence North 51024'02" West, 66.02 feet; Thence North 47°26'41" West, 78.17 feet; Thence North 38029'05" West, 31.20 feet; Thence North 72042'55" West, 123.96 feet; Thence North 71014'14" West, 117.61 feet; Thence North 69015'45" West, 67.37 feet; Thence South 00020'14" West, 415.85 feet to a point on the North right-of-way line of W. Ustick Road; Thence along said North right-of-way line North 88043'02" West, 172.60 feet; Thence leaving said North right-of-way line North 00002'28" East, 457.44 feet; Thence North 81 001'42" West, 125.46 feet; Thence North 14045'42" West, 659.21 feet; Thence North 00012'56" East, 189.24 feet to a point on the North boundary line of the SW 1/4 of the SW 1/4 of said Section 36; Thence along said North boundary line South 88056'05" East, 471.13 feet to the SW 1/16 corner of said Section 36, said point also being an angle point on the exterior boundary line of Woodburn West Subdivision No. 1 as file in Book of Plats at Pages through records of Ada County, Idaho; Thence along said exterior boundary line the following 15 courses: Thence South 10008'06" West, 30.38 feet; Woodburn West Subdivision No. 2 Page 1 of 2 Thence North 88056'05" West, 177.44 feet; Thence South 18014'40" East, 175.86 feet; Thence South 72°30'04" West, 49.42 feet; Thence South 14°45'42" East, 203.34 feet; Thence South 68027'21" East, 147.60 feet; Thence South 86°56'20" East, 234.56 feet; Thence North 00023'27" East, 51.61 feet; Thence South 89036'33" East, 65.00 feet; Thence North 00°23'27" East, 11.96 feet; Thence North 83034'28" East, 100.71 feet; Thence South 00023'27" West, 225.12 feet; Thence South 89036'33" East, 100.00 feet; Thence South 00°23'27" West, 4.00 feet; Thence South 89036'33" East, 150.00 feet to a point on the West boundary line of Woodburn Subdivision as filed in Book 96 of Plats at Pages 11809 through 11811, records of Ada County, Idaho; Thence along said West boundary line and the southerly extension thereof South 00°23'27" West, 568.84 feet to the REAL POINT OF BEGINNING. 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'zvs_� � aw //ivm Wli �O ® I xn=�w,res mY'_------------� M1Y 11CtI,gMN W 1A,nwx `x/ 6 M^ ___ _____ __ m ------------------ ---------------J 0 farr �ox u�G� N �pJE O4b�1 � aw xn=�w,res mY'_------------� M1Y 11CtI,gMN W 1A,nwx `x/ 6 M^ ___ _____ __ m ------------------ ---------------J � aw //ivm Wli �O i xn=�w,res mY'_------------� M1Y 11CtI,gMN W 1A,nwx `x/ 6 M^ ___ _____ __ m ------------------ ---------------J Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: QUITCLAIM DEED Quitclaim Deed from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E N DIAN- Public I D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: July 15, 2014 Mayor Tammy de Weerd City Council Memberlr Joe Borton Relth Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: QUITCLAIM DEED FROM THE IDAHO TRANSPORTATION DEPARTMENT FOR PERMANENT EASEMENTS REQUIRED TO MAINTAIN CITY SEWER INFRASTRUCTURE AT THE I-84 MERIDIAN I. RECOMMENDED ACTION A. Move to: 1. Approve the Quitclaim Deed for Parcel 15. 2. Authorize the Mayor to sign the Deed 11. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg ound As part of the I-84 Meridian Road Interchange Rebuild, the Idaho Transportation Department (ITD) relocated City sewer facilities. As part of the relocation, ITD obtained permanent easements for the new sewer locations in Mr. Sandman's Subdivision, Cope Subdivision, and Travelers Corner Subdivision. B. Proposed Project In order to allow the City to maintain our sewer infrastructure, ITD has signed Quitclaim Deeds granting the permanent easements obtained for the sewer to the City. The City has already accepted the Quitclaim Deeds for parcels 9, 10, 11, and 12. ITD was still in negations with the owner of Parcel 15 when those deeds were accepted. Negotiations are now complete and ITD has signed the Quitclaim Deed for Parcel 15. By signing this deed the City will take possession of this easement. Page 1 of 2 After recording return to: Right of Way Idaho Transportation Department PO Box 7129 Boise ID 83707-1129 Project No A010(939) Key No. 10939 Parcel No. 15 Parcel ID No. 0045644 ADA COUNTY RECORDER Christopher D. Rich 2014-058443 BOISE IDAHO Pgs=7 BONNIE 071231201410:15 AM MERIDIAN CITY NO FEE 1111111111 II I 111111111111111111111111111111111 1111 00003410201400584430070076 QUITCLAIM DEED 19aX�A Jul THIS INDENTURE made thisday of 2014, between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT, hereinafter "Grantor", and the CITY OF MERIDIAN, a municipal corporation, whose mailing address is 33 E. Broadway Ave., Meridian, ID 83642, hereinafter "Grantee". WITNESSETH: That the Grantor, for value received, does by these presents remise, release, convey and forever QUITCLAIM all right, title and interest which Grantor now has or may hereafter acquire, unto the Grantee, that certain permanent easement recorded June 25, 2014 under instrument no. 114049908 official records of Ada County, Idaho, and lying in and being a portion of Lot 1, Block 1 of Traveler's Corner Subdivision, as filed in Book 84 of Plats, at Pages 9283-9284 Records of Ada County, Idaho, and described as follows, to wit: SEE LEGAL DESCRIPTION IN EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Provided however, that this conveyance is made and accepted upon the express condition, and in compliance with IC 58-335A, that said Grantee and its successors shall use said land for only a public purpose, then and in the case that public use shall have terminated, the whole of the estate above granted and conveyed and any and all improvements thereon shall immediately revert to and become the property of the Grantor, its successors or assigns forever, and the said Grantor hereby Page 1 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED expressly reserves to itself and it successors or assigns the right to enter upon said land and premises and to take absolute possession thereof and any and all improvements thereon, for and upon the breach of the aforesaid condition. TO HAVE AND TO HOLD, all and singular the said premises, together with the appurtenances, easements and rights of way, unto Grantee, and to Grantee's heirs and assigns forever. IN WITNESS WHEREOF, The IDAHO TRANSPORTATION DEPARTMENT has hereunto executed these presents on the Z% day of Joya 2014. THE STATE OF IDAHO, Idaho Transportation Board, Acting by and through the Idaho Transportation Department BY: !!7 Dave B. Szplett Right of Way Manager Page 2 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED STATE OF IDAHO ) ss. County of Ada ) On this -A day o 2014, before me, the undersigned, a Notary Public in and for said State, personally appearu DAVE B. SZPLETT, known to me to be the Right of Way Manager for the State of Idaho, Idaho Transportation Board, by and through the Idaho Transportation Department, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as such Right of Way Manager for the State of Idaho. R" bit 0 No y Public for Idaho �pTA y y Re ' in at Boise My commission expires: 3 cQ-I8 \�pOBE.�G OF Page 3 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED IN WITNESS WHEREOF, acceptance for and on behalf of the CITY OF MERIDIAN, a municipal corporation, has caused these presents to be executed the day and year first above written. CITY OF MERIDIAN, a municipal corporation By CCCCI Tame Weerd LZdu�'-( —ML4 -r— Title: M=r A- erd 0-hwr\�c `�Ounkree_ Printed Name STATE OF IDAHO ) County of ADA ) On this OD day ofJv�, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd, who declared that she is the MAYOR for the CITY OFMERIDIAN, a municipal corporation, that he/she signed the foregoing document in that capacity, and that the statements herein contained are true. .•SgiCA'!C) Srl' �y0 T4 A�•• N. Notary Public for Ick*,&,o Residing at qe hcVkan l i) fIC ,o•: My commission expires man y aoav ••a ` OF IDT: Page 4 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 C.� VMS T -O ENGINEERS EXHIBIT A CONSUI TING ENGINEERS, SURVEYORS AND PLANNERS 9777 CIFIINDEN BOUT. EVARD BOISE, IDAI.1083714.2008 208323-2288 . FAX 208323 2399 Idaho Transportation Department 1-84, Meridian Interchange Project No. A10(939) Key No. 10939 Page I of I May 22, 2013 Assessor's Parcel No. R8523240010 Parcel ID No. 0045644 697 Sq. FI. (0.016 Acres) PARCEL NO. 15 PERMANENT EASEMENT NO.I FOR SEWER A parcel of land, being a portion of Lot 1, Block 1 of TRAVELER'S CORNER SUBDIVISION, as filed in Book 84 of Plats, at Pages 9283-9284, Records of Ada County, Idaho, situated in Government Lot 4 of Section 18, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 18 (Corner Perpetuation & Filing Record No. 107153517); thence, along the west line of said Section 18, A)N.1°01'39"E., 423.32 feet; thence, leaving said west line, B) MW28'24"E., 64.81 feet to a point on the easterly right-of-way line of State Highway 69, marking the southwesterly comer of Lot 1, Block l of said subdivision; thence, along the southerly boundary of said Lot 1, C) N.89°28'24"E., 19.38 feet to the to the POINT OF BEGINNING, located 84.15 feet Rt. from State Highway 69 Project Centerline Station 422+49.31; thence, leaving said southerly boundary, I) N.2°39'50"E., 35.71 feet to a point located 85.17 feet Rt. from State Highway 69 Project Centerline Station 422+85.00; thence, 2) S.88-58'21 "E., 20.01 feet to a point located 105.18 feet Rl. from State Highway 69 Project Centerline Station 422+85.00; thence, 3) S.2°39'50"W., 35.17 feet to a point on the southerly boundary of said Lot 1 located 104.18 feet Rt. from State Highway 69 Project Centerline Station 422+49.85; thence, leaving said southerly boundary, 4) S.89°28'24"W, 20.03 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 697 square feet (0.016 Acres), more or less. SUBJECT TO: Record documents. Parcel limits extend from State Highway 69 Project Centerline Station 422+49.31 to GAI201 18\WPIT11040 -Right-of-Way\SIT-15 Legal Descriplions\Parcel IS ITTARCE.1. 151'6 SBWP.R.doc BOISE - COEUR d'ALENE • NAMPA J71 EXHIBIT A Ems T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNHIS 8777 CHINDEN BOULEVARD BOISE, IDAI10 83714-2800 208-323-2288. FAX 208 323 2388 Idaho Transporhdion Department May 22, 2013 1-84, Meridian Interchange Assessor's Parcel No. R8523240010 Project No. A10(939) Parcel ID No. 0045644 Key No. 10939 4,312 Sq. Ft. (0.099 Acres) Page I of 2 PARCEL NO. 15 PERMANENT EASEMENT NO.2 FOR IRRIGATION A parcel of land, being a portion of Lot 1, Block 1 of TRAVELER'S CORNER SUBDIVISION, as filed in Book 84 of Plats, at Pages 9283-9284, Records of Ada County, Idaho, situated in Government Lot 4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 18 (Corner Perpetuation & Filing Record No. 107153517); thence, along the west line of said Section 18, A)N.I°01'39"E., 423.32 feet; thence, leaving said west line, B) N.89°28'24"E., 64.81 feet to a point on the easterly right-of-way line of State Highway 69, marking the southwesterly corner of Lot 1, Block 1 of said subdivision; thence, along the southerly boundary of said Lot 1, C) N.89°28'24"E., 19.38 feet; thence, leaving said southerly boundary, D)N.2°39'50"E., 35.71 feet to the POINT OF BEGINNING, located 85.17 feet Rt. from State Highway 69 Project Centerline Station 422+85.00; thence, 1) N_2039'50"E., 134.04 feet to a point located 89.00 feet Rt. from State Highway 69 Project Centerline Station 424+18.99; thence, 2) N.1 °01'39"E., 76.33 feet to the southerly right-of-way line of Interstate 84, located 89.00 feet Rt. from State Highway 69 Project Centerline Station 424+95.32; thence, along said southerly right-of-way line, 3) N.61°01'39"E., 23.09 feet to a point located 109.00 feet Rt. from State Highway 69 Project Centerline Station 425+06.87; thence, leaving said southerly right-of-way line, 4) S.1 °01'39"W., 88.17 feet to a point located 109.00 feet Rt. from State Highway 69 Project Centerline Station 424+18.70; thence, 5) S.2°39'50"W., 133.75 feet to a point located 105.18 feet Rt. from State Highway 69 Project Centerline Station 422+85.00; thence, along the southerly boundary of said Lot 1, 6) N.88°58'21 "W., 20.01 feet to the POINT OF BEGINNING. BOISE 9 COEUR d'ALENE • NAMPA Idaho Transportation Department 1-84, Meridian Interchange Project No. A10(939) Key No. 10939 Pagc 2 of 2 May 22, 2013 Assessor's Parcel No. 88523240010 Parcel ID No. 0045644 4,312 Sq. Pt. (0.099 Acres) The above described parcel CONTAINS 4,312 square feel (0.099 Acres), more or less. SUBJECT TO: Record documents. Parcel limits extend from State Highway 69 Project Centerline Station 422+85.00 to 425+06.87. GAl20118\WPfilcs\40 -Right-of-Way\.SEP-15 Legal DescriplionsWarcel IMPE\PARCEI. 15 PL• IR RIG ATION.doe 5-224 F 0f 'W BOISE • COEUR d'ALENE 9 NAMPA Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fiber Optic Easement for Public Works Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Leonard Huskey Estate MEETING NOTES M I I I I I UM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C� E IDIAN- Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer H DATE: July 15, 2014 Mayor Tammy de Weerd City Council Membeete loe Borton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: FIBER OPTIC EASEMENT FOR PUBLIC WORKS FIBER OPTIC LINE, CITY HALL TO WATER DEPARTMENT, AND TO WASTEWATER TREATMENT PLANT I. RECOMMENDED ACTION A. Move to: Approve three Easements. 2. Authorize the Mayor to sign the easements. II. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer (Project Manager) ....... ................................... 489-0356 Tom Barry, Director of Public Works ........................... ...................... .................... .489-0372 Warren Stewart, Engineering Manager....................................................................489-0350 Clint Dolsby, Assistant City Engineer............................................................ ......... 489-0343 III. DESCRIPTION A. Background This project is part of a two year effort to install fiber optic lines at the Wastewater Treatment Plant (WWTP), and from the WWTP to the Water Division and City Hall. Dedicated fiber optic lines between the Water Division, Wastewater Division and City Hall will improve the speed, reliability, and security of communications within the Supervisory Control and Data Acquisition (SCADA) System. The first phase (FY13) funded the design and installation of a fiber optic line from the WWTP administration building to the other facilities at the WWTP. This phase will enable the design and installation of the fiber optic line from the WWTP to the Water Division. This coupled with the Water Division enhancement to install fiber optic line from the Water Division Page I of 2 to City Hall will enable better troubleshooting and communication between Engineering staff and Water Operations staff improving operational efficiency and security. B. Project Description This project will install fiber optic conduit and cable from Meridian City Hall to the Water Department and then to the Wastewater Treatment Plant. To install and maintain the fiber optic conduit and cable it is necessary to obtain easements with the Leonard Huskey Estate, Bridgetower Homeowners Association, and Tumple Creek Homeowner's Association. These easements grant the City of Meridian construction and operation access for the fiber optic line on the property of the landowners mentioned above. IV. IMPACT A. Fiscal Impact: The cost associated with obtaining the easements is $0.00. V. LIST OF ATTACHMENTS A. Fiber Optic Line Easement with Leonard Huskey Estate - Exhibit A B. Fiber Optic Line Easement with Bridgetower Homeowners Association — Exhibit B C. Fiber Optic Line Easement with Tumple Creek Homeowner's Association — Exhibit C Approved for Council Agenda: 711V1 ate Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich 2014-058444 BOISE IDAHO Pgs=6 BONNIE 071231201410:15 AM NO FEE MERIDIAN CITY II'111111111111IIIIII1111111111111111111 00003411201400684440060066 FIBER OPTIC LINE EASEMENT THIS INDENTURE, made this J -P day of Jul , 20 IA between Leonard Huskey Estate the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a fiber optic line easement right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the fiber optic line is to be provided for through underground conduit and cables to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said conduit and cables from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a fiber optic line at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a fiber optic line and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of fiber optic line at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area City of Meridian, Idaho Fiber Optic Line Easement described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANT R: !�J Le and Huskey Es(ate STATE OF IDAHO ) ) ss County of Ada ) On this alff day of ?ot,n e, , 20 AV, before me, the undersigned, allotary Public in and for said State, personally appeared Lot AUAle./e's . known or identified to me to be the Trustee, respectively, of the Estate that executed the within instrument, and acknowledged to me that such Estate executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. City of Meridian, Idaho Fiber Optic Line Easement NO�UBLIC FOR IDAHO Residing at: 04 Ov► �e Commission Expires: 3/ GRANTEE: CITY OF MERIDIAN <!:!--C G (1 Tanen(y do—Weerd,44ayar .� j~oyNT(L.c.�. i3OVhGt City Clerk TCD a LQ&, lj City of SEAT W V A y Jsp Bye e��de 10.E R0.�0. Approved By City Council On: \1 U1 01Da —'\ 4 STATE OF IDAHO, ) : ss. County of Ada ) On this�day of ,�u 1 014 b,6�,{fore ane the er i d, a Notary Public "{ � Kiev �reC'. ur�4S in and or sail State ersonally appeared: de "�1�� cand known to me �� Et resE L to be eager andelity Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) •ms's IDAHO •' City of Meridian, Idaho Fiber Optic Line Easement NOTARY Pi�B C FOR ' Residing at: (� Commission Expires: Fj —c3—� City of Meridian Fiber Optic Conduit Project EXHIBIT A Permanent Easement Description An easement for fiber optic utility purposes located in the SW 1/ of the SW %4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SW '/4 of the SW '/4, from which a brass cap monument marking the northwesterly corner of the SW '/4 of said Section 35 bears N 0°53'05" E a distance of 2643.63 feet; Thence N 0°53'05" E along the westerly boundary of said SW '/4 of the SW '/4 a distance of 1186.41 feet to the POINT OF BEGINNING; Thence continuing N 0°53'05" E a distance of 12.67 feet to a point; Thence leaving said westerly boundary S 51°14'31" E a distance of 69.25 feet to a point; Thence S 58°28'23" E a distance of 285.17 feet to a point; Thence S 62°50'28" E a distance of 154.82 feet to a point; Thence S 80'21'59" E a distance of 410.68 feet to a point; Thence S 35°21'59" E a distance of 44.98 feet to a point; Thence S 80°33'33" E a distance of 283.02 feet to a point; Thence N 88°46'17" E a distance of 167.54 feet to a point on the easterly boundary of said SW'/4ofthe SW 1/4; Thence S 0039'50" W along said easterly boundary a distance of 10.00 feet to a point; Thence leaving said easterly boundary S 88'46'17" W a distance of 168.14 feet to a point; Thence N 80°33'33" W a distance of 288.11 feet to a point; Thence N 35°21'59" W a distance of 45.00 feet to a point; Thence N 80'21'59" W a distance of 408.08 feet to a point; Thence N 62°50'28" W a distance of 156.74 feet to a point; Fiber Optic Easement Page 2 Thence N 58°28'23" W a distance of 286.18 feet to a point; Thence N 51°14'31" W a distance of 62.10 feet to the POINT OF BEGINNING. This parcel contains 14,149 square feet (0.325 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated April 22, 2014 ! } — � \ ~ ~ « \§ / (� )§to \ , 0� w \~ ( hk w)k ^ ^ , \j ± !, e Q§ /\ j / . /) \ \ . % m 2 a ae� . ,.+tee* rw \ ,ate z ,,+moo, ( , a oa371wN-71 . \~ � Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Fiber Optic Easement for Public Works Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Tumble Creek Homeowner's Association MEETING NOTES I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN�- Public D A Ht Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer B DATE: July 15, 2014 Mayor Tammy de Weerd City Council Members Joe Barton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zoremba SUBJECT: FIBER OPTIC EASEMENT FOR PUBLIC WORKS FIBER OPTIC LINE, CITY HALL TO WATER DEPARTMENT, AND TO WASTEWATER TREATMENT PLANT I. RECOMMENDED ACTION A. Move to: 1. Approve three Easements. 2. Authorize the Mayor to sign the easements. II. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer (Project Manager) ..........................................489-0356 Tom Barry, Director of Public Works......................................................................489-0372 Warren Stewart, Engineering Manager....................................................................489-0350 Clint Dolsby, Assistant City Engineer.....................................................................489-0343 III. DESCRIPTION A. Background This project is part of a two year effort to install fiber optic lines at the Wastewater Treatment Plant (WWTP), and from the WWTP to the Water Division and City Hall. Dedicated fiber optic lines between the Water Division, Wastewater Division and City Hall will improve the speed, reliability, and security of communications within the Supervisory Control and Data Acquisition (SCADA) System. The first phase (FY13) funded the design and installation of a fiber optic line from the WWTP administration building to the other facilities at the WWTP. This phase will enable the design and installation of the fiber optic line from the WWTP to the Water Division. This coupled with the Water Division enhancement to install fiber optic line from the Water Division Page 7 of 2 to City Hall will enable better troubleshooting and communication between Engineering staff and Water Operations staff improving operational efficiency and security. B. Project Description This project will install fiber optic conduit and cable from Meridian City Hall to the Water Department and then to the Wastewater Treatment Plant. To install and maintain the fiber optic conduit and cable it is necessary to obtain easements with the Leonard Huskey Estate, Bridgetower Homeowners Association, and Tumple Creek Homeowner's Association. These easements grant the City of Meridian construction and operation access for the fiber optic line on the property of the landowners mentioned above. IV. IMPACT A. Fiscal Impact: The cost associated with obtaining the easements is $0.00. V. LIST OF ATTACHMENTS A. Fiber Optic Line Easement with Leonard Huskey Estate - Exhibit A B. Fiber Optic Line Easement with Bridgetower Homeowners Association — Exhibit B C. Fiber Optic Line Easement with Tumple Creek Homeowner's Association — Exhibit C Approved for Council Agenda: ate Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich 2014-058445 BOISE IDAHO Pgs=5 BONNIE 071231201410:15 AM MERIDIAN CITY NO FEE III111111111111111111IIIIIII I1 III III 11111111 lill I III 00003412201400584460060055 FIBER OPTIC LINE EASEMENT THIS INDENTURE, made this JP day ofJv lu , 201A between Jumble Creek Homeowner's Association, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a fiber optic line easement right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the fiber optic line is to be provided for through underground conduit and cables to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said conduit and cables from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a fiber optic line at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a fiber optic line and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of fiber optic line at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area City of Meridian, Idaho Fiber Optic Line Easement described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are Iawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRA TTOR: T e C eek Ho owner's Association STATE OF IDAHO ss County of Ada ) On this�day of �, 20, before me, the undersigned, a Notary Public in and for said State, personally appeared a ZZ i � I � � known or identified to me to be the President, respectively, of the associ tion that executed the within instrument, 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 fist above written. ,,,....guu.q' A"t 6b 1►R K NOT Y PU IC FOR IDAHO rding at: C + . •, G . I Commission Expires:PU t ad 1 p: rq fig_ ok,�..•o City of Meridian, Idaho Fiber Optic Line Easement GRANTEE: CITY OF MERIDIAN O�Q�tA11fu ALC4sJ Tat�fe tWeerd,14ayer City of 4✓nz4� e��„�,� DIANA z togxo wSEAL st byJaycee L.T oh nan, City Cler h, ,Xf As Approved By City Council On: �') U W a,)-, wl A STATE OF IDAHO, ) : ss. County of Ada ) Onthis__2a_dayof �014 b forekne�thejTderNped allotaryPublic in and fo ,Xd Stale pe sonally appeared Ta a and Jays® a xan, known tome to be the May6"n tty Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 444 (SEAL) ; l!y0 T . t t •O IC ,o '4.01'' ID? 4640500, City of Meridian, Idaho Fiber Optic Line Easement Mghlt, L NOTARY PU LI FOR ID Residing at: Commission Expires: i —I g City of Meridian Fiber Optic Conduit Project EXHIBIT A Permanent Easement Description An easement for fiber optic utility purposes located in Government Lot 1 of Section 2, Township 3 North, Range 1 West, Boise Meridian, and being a part of Lots 8 and 24 of Block 5 of TUMBLE CREEK NO. 4 SUBDIVISION as shown in Book 81 of Plats at Page 8722 and Lot 25 of Block 5 of TUMBLE CREEK NO. 5 SUBDIVISION as shown in Book 82 of Plats at Page 9026 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said Government Lot 1, from which a 5/8 inch diameter iron pin marking the southeasterly comer of said Government Lot 1 bears S 0'01'15" E a distance of 1366.22 feet; Thence S 0'01'15" E along the easterly boundary of said Government Lot 1 a distance of 590.33 feet to a point; Thence leaving said easterly boundary S 89°58'45" W a distance of 45.00 feet to the POINT OF BEGINNING; Thence N 33°25'39" W a distance of 471.78 feet to a point; Thence N 36°18'21" W a distance of 194.95 feet to a point on the northerly boundary of said Lot 8; Thence S 89'14'59" E along said northerly boundary a distance of 12.53 feet to a point; Thence leaving said northerly boundary S 36°18'21" E a distance of 187.65 feet to a point; --Thence-S 33°25'39"-E- a distance -of 456:87 feetto a point on the easterly boundary of said - Lot 25; Thence S 0°01'15" E along said easterly boundary a distance of 18.16 feet to the POINT OF BEGINNING. This parcel contains 6,556 square feet (0.150 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 12, 2014 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fiber Optic Easement for Public Works Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Bridgetower Homeowners Association MEETING NOTES �✓ APPROVIV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C�Q E IDIAN- Public I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer H DATE: July 15, 2014 Mayor Tammy de Weerd City Council Mem6erss loe Borton Keith Bird Luhe Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: FIBER OPTIC EASEMENT FOR PUBLIC WORKS FIBER OPTIC LINE, CITY HALL TO WATER DEPARTMENT, AND TO WASTEWATER TREATMENT PLANT I. RECOMMENDED ACTION A. Move to: 1. Approve three Easements. 2. Authorize the Mayor to sign the easements. II. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer (Project Manager) ................................. ......... 489-0356 Tom Barry, Director of Public Works ......................... .................... ......................... 489-0372 Warren Stewart, Engineering Manager .................... ............................... ................. 489-0350 Clint Dolsby, Assistant City Engineer.....................................................................489-0343 III. DESCRIPTION A. Background This project is part of a two year effort to install fiber optic lines at the Wastewater Treatment Plant (WWTP), and from the WWTP to the Water Division and City Hall. Dedicated fiber optic lines between the Water Division, Wastewater Division and City Hall will improve the speed, reliability, and security of communications within the Supervisory Control and Data Acquisition (SCADA) System. The fust phase (FYI 3) funded the design and installation of a fiber optic line from the WWTP administration building to the other facilities at the WWTP. This phase will enable the design and installation of the fiber optic line from the WWTP to the Water Division. This coupled with the Water Division enhancement to install fiber optic line from the Water Division Page 1 of 2 to City Hall will enable better troubleshooting and communication between Engineering staff and Water Operations staff improving operational efficiency and security. B. Project Descriptio This project will install fiber optic conduit and cable from Meridian City Hall to the Water Department and then to the Wastewater Treatment Plant. To install and maintain the fiber optic conduit and cable it is necessary to obtain easements with the Leonard Huskey Estate, Bridgetower Homeowners Association, and Tumple Creek Homeowner's Association. These easements grant the City of Meridian construction and operation access for the fiber optic line on the property of the landowners mentioned above. IV. IMPACT A. Fiscal Impact: The cost associated with obtaining the easements is $0.00. V. LIST OF ATTACIIMENTS A. Fiber Optic Line Easement with Leonard Huskey Estate - Exhibit A B. Fiber Optic Line Easement with Bridgetower Homeowners Association — Exhibit B C. Fiber Optic Line Easement with Tumple Creek Homeowner's Association — Exhibit C Approved for Council Agenda: ate Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich 2014-058446 BOISE IDAHO Pgs=6 BONNIE 07/2312014 10:15 AM MERIDIAN CITY NO FEE IIIIIIIIII II IIIIIIIIIIIIII II IIII1111111111 I'II III 00003413201400684460060066 FIBER OPTIC LINE EASEMENT THIS INDENTURE, made this day of J�-, 261 --between Bridgetower Homeowners Association, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a fiber optic line easement right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the fiber optic line is to be provided for through underground conduit and cables to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said conduit and cables from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a fiber optic line at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a fiber optic line and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of fiber optic line at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area City of Meridian, Idaho Fiber Optic Line Easement described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR-:{ Bridgetower Homeowners Association STATE OF IDAHO ) ) ss County of Ada ) On this s ' day of awn Pi , 20&, before me, the undersigned, a Notary Public in and for said State, personally appeared Lance Pomerleau known or identified to me to be the Neighborhood Manager, respectively, of Bridgetower Homeowners Association that executed the within instrument, and acknowledged to me that such association executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. City of Meridian, Idaho Fiber Optic Line Easement NOTARY PUBLIC FOR IDAHO Residing at: Amt Goan/y Commission Expires: GRANTEE: CITY OF MERIDIAN CCC tel. I Tam y.de-Wcerd, Mayor C= 120u�-�i R4� Co�nc,\ m co y1r 's. !'v eih'o£ SEAL L. Holman, City Clerk N1.1141 M Approved By City Council On: �� a a t �r `C STATE OF IDAHO, ) : ss. County of Ada ) On this a da of J r 2014 befor ype the to ers ne�c� a Nota Public Y U \ {r��e>�c nr£e r r� in,knd for sa ed jeatte, personally appeared Za"; . 4o, and Jaycee an, known to me to be the#�yor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. BELLE •., C(��I L �OT4 `t ' NOTARY P LI ORI 0 �.� : Residing at: Commission Expires: � q — l OF 1pl 0•••• City of Meridian, Idaho Fiber Optic Line Easement City of Meridian Fiber Optic Conduit Project EXHIBIT A Permanent Easement Description An easement for fiber optic utility purposes located in the SW '/4 and the SE'/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, and being a part of Lot 1 of Block 1 of BRIDGETOWER CROSSING SUBDIVISION NO. 1 as shown in Book 84 of Plats at Page 9392 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 iron pin marking the southeasterly corner of said SW '/4, from which a brass cap monument marking the southwesterly corner of said SW '/4 bears N 89°15'43" W a distance of 2643.40 feet; Thence N 0°26'35" E along the easterly boundary of said SW 1/4 a distance of 255.75 feet to a point on the southwesterly boundary of said Lot 1 and the POINT OF BEGINNING; Thence leaving said easterly boundary N 62°08'53" W along said southwesterly boundary a distance of 92.39 feet to a point; Thence leaving said southwesterly boundary S 63°30'36" E a distance of 419.60 feet to a point; Thence S 88°04'23" E a distance of 617.93 feet to a point; Thence S 69°46'51" E a distance of 29.84 feet to a point; Thence S 89°14'59" E a distance of 544.21 feet to a point on the easterly boundary of said Lot 1; Thence S 0'26'18" W along said easterly boundary a distance of 10.00 feet to a point; Thence leaving said easterly boundary N 89°14'59" W a distance of 545.98 feet to a point; Thence N 69°46'51" W a distance of 29.94 feet to a point; Thence N 88°04'23" W a distance of 618.56 feet to a point said southwesterly boundary of said Lot 1; Thence N 62°08'53" W along said southwesterly boundary a distance of 329.45 feet to the POINT OF BEGINNING. This parcel contains 14,036 square feet (0.322 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS 'a Civil Survey Consultants, Incorporated May 20, 2014 �� Za 0 0 M Z 133HS 33S 3NH HOlb'W o I N O N II W I � w N m Z V N I o U) C1 N N 0O W U CE Z Y o W U H S zy p>mU n QS �m N"1 am C5m W h 0 0 = m •"' � 2 U / fr QU w 3 2p h v M \o o N Lm Wy=m s� ssz 3 „sfszo N L Q. o C5 h=p Z V Z � Z OU h� h2 m O b Z V v h LO j ro 2 N Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: SERVICE AGREEMENT AMENDMENT First Amendment to the St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1st Amendment to the St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian This 1st Amendment ("Amendment") is entered into by and between St. Luke's Regional Medical Center, Ltd., an Idaho non-profit corporation, duly qualified and licensed by the state of Idaho, hereinafter referred to as "SLRMC," and the City of Meridian, hereinafter referred to as "Client". WHEREAS, Client and SLRMC entered into a Service Agreement ("Service Agreement") effective October 1, 2013. WHEREAS, Client and SLRMC now desire to modify certain terms of the Service Agreement; NOW THEREFORE, in consideration of the foregoing and the conditions, mutual covenants, representations and warranties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby amend the above referenced Service Agreement effective April 1, 2014 as follows: A. Strike the entire Attachment A of the Service Agreement and replace with the new Attachment A as follows: Attachment A ProgramDescription Health Screenings St. Luke's will provide biometric measures such as blood pressure, height, weight, and waist circumferences, as well as, laboratory tests including a lipid and glucose panel. $40/participant billed to Blue Cross of Idaho $40 for new hires St. Luke's will provide an onsite immunization clinic to ensure employees are protected against seasonal flu. St. Luke's will Flu Shots schedule annual clinics from October through December and No charge provide marketing materials to promote your event. This will also include coordination of flu shots clinics at various City of Meridian locations. -Provision of timely and appropriate responsiveness to Client's employee needs and offer appropriate treatment in an Subject to State Worker's Compensation occupational medicine clinic headed by a physician who Injury Treatment specializes in occupational medicine Fee Schedule. Schedule subject -24 hour access to services through locations linkages to ensure increases determinedulule the State of continuous communication and supportfor after hour a nd Idaho emergency treatment. Amendment to St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian —page 1 of 2 B. Except as expressly modified by this Amendment, all provisions of the October 1, 2013 Service Agreement shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the Octoberl, 2013 Service Agreement or this Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this Amendment to be executed the date first above written. St. Luke's Regional Medical Center, Ltd.: City of Meridian: LUZ By: GCC (1. (Z_ Amendment to St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian — page 2 of 2 -Provision of an occupational health case coordinator to serve as point of contact for Client, employee and surety/administrator -Case coordinator shall be responsible to provide monitoring of Client employees' progress, arrange for treatments and Case Coordination procedures and communicate the necessary medical and return- Included as part of injury treatment to -work information to the Client employee, Client, and designated insurer. -Communication with Client via phone, fax, pager, e-mail and in person to keep all updated as to treatment plans, return to work strategies and "next step' information. -Provision of activity status reports to the employee, Client and designated surety/administrator. Activity Status Report -Report shall outline diagnosis, treatment, and activity restriction, Included as part of injury treatment as well as recommended follow-up care. -Provision of referral forms that can be given to a Client's employee prior to his/her appointment to expedite the case Forms and Information process handling. Included as part of injury treatment -Provision of education and written material on process for injury treatment, including talking point on designated provider, maps, etc. Respirator Certifications including • Respiratory Questionnaire Review Other Spirometry (as needed). Services -Medical Evaluation Current Occupational Fee Schedule Provided -Hepatitis A -Hepatitis R -Tetanus/ Diphtheria Immunizations B. Except as expressly modified by this Amendment, all provisions of the October 1, 2013 Service Agreement shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the Octoberl, 2013 Service Agreement or this Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this Amendment to be executed the date first above written. St. Luke's Regional Medical Center, Ltd.: City of Meridian: LUZ By: GCC (1. (Z_ Amendment to St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian — page 2 of 2 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: TEMPORARY LICENSE AGREEMENT Temporary License Agreement with Ada County Highway District for Installation, Maintenance, Repair and Replacement of Parcel 163 Artwork - UNDER THE SUN AND DREAMING MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EIDT AN�- Public H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Max Jensen DATE: July 16, 2014 Mayor Tammy de Weerd City Council Members# Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TEMPORARY LICENSE AGREEMENT WITH ACHD FOR INSTALLATION, MAINTENANCE, REPAIR AND REPLACEMENT OF PARCEL 163 ARTWORK (UNDER THE SUN AND DREAMING) I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary License Agreement with ACHD for installation, maintenance, repair and replacement of parcel 163 artwork (Under The Sun And Dreaming), and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Max Jensen (Capital Projects Manager) 489-0344 John McCormick (Deputy Director of Public Works) 489-0378 III. DESCRIPTION A. Background This Temporary License Agreement will enable the City to install, maintain, repair and replace the artwork (Under The Sun And Dreaming) selected by the City for Parcel 163 of the Split Corridor. Page I of 2 B. Fiscal Impact: Project Costs Total $0.00 IV. TIME CONSTRAINTS Council's approval will allow completion of this project by the end of August 2014. V. LIST OF ATTACHMENTS A. Temporary License Agreement Approved for Council A da: 7 7;� 4&u� Page 2 of 2 ?�/7/4 Date ADA COUNTY RECORDER Christopher D. Rich 2014-058447 BOISE IDAHO Pgs=10 BONNIE 071231201410:15 AM MERIDIAN CITY NO FEE Property Management No. 111111111111111111111111111 11 IN III IIIIIIIIIIIIIIII I IIIII Street: 00003414201400584470100102 T ,R—, S TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this ;)D day of Jvlsl. , 2014 ("Effective Date"), by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho ("ACHD"), and the CITY OF MERIDIAN, a municipal corporation of the state of Idaho ("Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located within the City of Meridian, Ada County, Idaho, more particularly described as the traffic island southwest of the intersection of Ada Street and Main Street, as depicted on the attached Exhibit "A" (the "Right -of -Way"). 1.2 Licensee desires a license to use the Right -of -Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use") and no others: Installation, maintenance, repair and replacement of (1) the artwork depicted in the attached Exhibit "B", (2) related signage and (3) a sidewalk. 2.2 This Agreement does not extend to Licensee the right to use the Right -of - Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of - Way has been opened as a public Highway (as used in the Agreement, the term "Highway" is as defined in Idaho Code § 40-109(5)), Licensee's Authorized Use is subject to the rights of the public to use the Right -of -Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right -of -Way and statutory rights TEMPORARY LICENSE AGREEMENT - Page 1 of utilities to use the public right-of-way. This Agreement is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance of the Licensee's improvements currently located in the Right - of -Way or the installation or construction of improvements by Licensee in the Right -of - Way as permitted by the Authorized Use (the "Improvements") shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable and merely a permissive use of the Right -of -Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement shall commence on the Effective Date, and shall continue until terminated by either party, with or without cause, which termination shall be effective following thirty (30) days' advance written notice of termination given to the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no fee for Licensee's Authorized Use of the Right -of -Way under this Agreement. TEMPORARY LICENSE AGREEMENT - Page 2 SECTION 7. MAINTENANCE: FAILURE TO MAINTAIN: RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right -of -Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. 7.4 Licensee shall be responsible for the relocation of any existing utilities located on the Right -of -Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right -of -Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided, Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the 'Improvements to the realignment and/or relocation and/or reconstruction of TEMPORARY LICENSE AGREEMENT - Page 3 the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof, requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right -of -Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee shall promptly remove all Improvements and restore the Right -of - Way to at least its present condition, less ordinary wear and tear. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right -of -Way, ACHD may do so and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right - of -Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right -of -Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensee, including, without limitation, any attorneys' fees and costs that may be incurred by ACHD in defense of such claims or actions TEMPORARY LICENSE AGREEMENT - Page 4 indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right -of -Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply with and observe in all respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right -of -Way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste nor allow any nuisance on the Right -of -Way. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including, without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended or any of its rights hereunder except with the prior written consent of ACHD, which consent shall not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier or (d) the day facsimile delivery is electronically confirmed. TEMPORARY LICENSE AGREEMENT - Page 5 If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian Public Works Department 33 E. Broadway Avenue Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS: RECITALS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. WARRANTY OF AUTHORITY TO EXECUTE. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 The person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit of, Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. TEMPORARY LICENSE AGREEMENT - Page 6 CITY OF MERIDIAN cc (-? , By: Tam A de-Weerd Its: Mayen aKou� -IP'ef- �Unc�\ �r25ACt Cst i' ��GO4ep, NTED A OCG' 1 ATTEST:: r1'0 /'City of JaVee Ron n SFS^Na City Clerk "r Y VPy o(AdP iR PAS�RA STATE OF IDAHO ) ) ss. County of Ada ) On this day of Jv\� 2014, before me, aC4\e112 4 \\ 0.Ncary PWip in and for the Stat�� 'of IPA,O .t personally appeared Tann '"'^^ ' Ma . J� �nown or identified to me to be tie o� the City of Meridian, and Jdy� „� , known or identified to me to be the City Clerk of the City of Meridian, the persons who executed this instrument on behalf of said City, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day, month, and year in„ this certificate ,first nabove written. � Notary Publicfpr I aho1 n n Residing at: �! Iw-CeeX� My Commission Expires: TEMPORARY LICENSE AGREEMENT - Page 7 AOUNT HIGHWAY DISTRICT Q� :John randen It President ATTEST: Ry:L35ru—ce S. Won Its: Dir STATE OF IDAHO ) ) ss. County of Ada ) ,-,.On this day of ��e__ 2014before me. personal ppeared John S. Franden, known or identified to me to be the President of the Ada County Highway District Commission, 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 District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHE seal the day and year first v W p�PRY STATS. Notary Public fb Residing at: My Commission hereunto set my hand and affixed my official daho Expires: 7 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD 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. TEMPORARY LICENSE AGREEMENT - Page 8 EXHIBIT A Call for Artists - Merldlan Split Corridor Phase 2 Public Art Profen Page 6 of 6 FEXHOT f � x.fiy.. a,.e _ �t •. 4'�W+ n w 2•rym+rpyvt, i ' "Underwthe Sun and Dreaming" i. v F y. ! i L Z � E vt i Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: CHANGE ORDER NO. 2 - USTICK ROAD UTILITY IMPROVEMENTS Approval of Change Order No. 2 to Task Order 10432 for "Ustick Road Utility Improvements" to Civil Survey Consultants, Inc. for the Not -to -Exceed Amount of $22,648.10 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 7-17-2014 Re: July 22 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 22 City Council Consent Agenda for Council's consideration. Approval of Change Order 2 to Task Order 10432 for "Ustick Road Utility Improvements" to Civil Survey Consultants, Inc. in the Not -To -Exceed amount of $22,648.10. Recommended Council Action: Approval of Change Order 2 to Task Order 10432 to Civil Survey Consultants, Inc. for the Not -To -Exceed amount of $22,648.10. This change order, along with Change Order 1, brings the change order total to $52,514.90 which represents a 222% increase to the original task order amount for a total of $76,164.30. Thank you for your consideration • Page 1 CITY OF MERIDIAN CHANGE ORDER NO. 2 PROJECT NO. 10432 33 EAST BROADWAY DATE: 07/1/14 MERIDIAN, ID 83642 EFFECTIVE DATE: 0711/14 TASK ORDER CHANGE ORDER ENGINEER/CONSULTANT: Civil Survey Consultants, Inc. PROJECT: Ustick Road Utility Improvements The Englnoar/Consullant Is hereby directed to make the following changes from the Task Order Documents. Description: Proposal to expand the original scope of services to Include utility Improvements on Uslick Road between Linder Rd and Meridian Rd. The improvements will be constructed in conjunction with ACHD's rebuild of Ustick Rd. Reason for Change Order: The ACHD road Improvement project boundaries have been extended past the original scope of work's extents. Additional utility Improvements are required due to the ACHD widening the current road extents on Ustick Rd between Linder Road and Meridian Road, Attachments: Change Order Documentation (2 pages) CHANGE IN TASK ORDER PRICE: CHANGE IN TASK ORDER TIMES: Original Task Order Price $23,649.40 Original Task Order Times: Net changes from previous Change Orders Nei changes from previous Change Orders No _0_ to _7_ No. to— (calendar days) $29,866.80 Task Order Price Prior to this Change Order: Task Order Times prior to this Change Order: (calendardays) $53,516.20 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (catendardays) $22,648.10 Task Order Price with all Approved Change Orders: Task Order Times with all Approved Change Orders: Task Order Is based on ACHD's constmdton $76,164.30 schedule. APPROVED; (CITY PURCHAS GMAN ER)�//�///�//71� ACCEPTED: (Civil Survey) By: Keith Watts ay: Corey Peacock Date: -7/ 1`�// X Date: olO/� RECOMMENDED: (ASST CITY ENGINEER) DATE APPROVED BY COUNCIL By:`'✓' J DatIlV /14 DATE: ,-IDsl Z)O\q wonnrao,I APPROVED: (CITY) n (2 ATTEST: y —C - � i , Eity of By: Mayo Sa a Weerd a , Ra u N1tY By: City Cie , Jayc L. Holman JD Dale: ZZ I Date: SEAL A9 �rrAe Tai AaUA� a,` T� \T,t. Re: Ustick Read and Meridian Road Intersection Utility Improvements -Additional Services Task Ordet Nn. 10432 —Change Order No. 2 [Teat Cmilyl Per your rcquest, cosi aro proposing to expand our original scope of services to include utility improvements on Ustick [toad between Linder Road and Meridian Road. These improvements will be constructed in corijuncdon with ACHD's rebuild or Ustick Road. We are proposing to provide the following additional services; t. TaskI.I — E -builder, Three additional hours at$123.30AIour-$369,9X!. 2. Task L1•�Field Sorveying. Twelve additional hours at$I451hour-S1,740=W Field work associated with verifying inverts ofexisting sewer cleanouts in Ustick Road as needed to extend existing sewer stubs and to locate two existing water stub blow -offs. + Field work associated with marking pWholo locations and field surveying potholes after they are co spieled. Also, includes coordination with pothole contractor. The exisling water main will be potholad nt five potential conflicts with the now storm drain main or Irrigation pipe. 3 Tusk 2.2—Survey Dmfling. Six mchhh mat hoary al S123.3ftour - $739.80. o Office work associated with drafting field survey and pottx7le results. 4, lask 3.1 — Water Systom Improvements. Sixteen additional hoursat$123,30/hour= 51,972,80. Adjust approximately fourteen existing valve boxes to grade. + Adjust existing water main at approximately five locations where conflicts exist with naw storm drain or iaiagation pipes. + Design four new fire hydrants at locations iden8fied by the City. Relocate two existing water miters, • Extend five existing water stubs to the right-of•way Pure, + Adjust one existing fire hydrant w grade. Das'agn comer service Stabs to four properties along Ustick Road, as requested by property owner. S. Task 3.2 — Sewer System huprovenumis, 12 additional lours at $123,301hour = $1,479.(x0, + Ocsign server stubs to two properties along Ustick Road, as requester) by property owner. + Extend 3 existing sewer stubs to the righderf-way line. 6, Task 33 — Property Owner Coordination. Six additional hours at 5127.30/h oar - S739.80. • Send letters to the property owners of four properties fronting Ustick Road that currently are not connected to City water nod sewer services, 7. Tad: 4.1 — Develop plaits, specifications, cost estimate and bid scWvle, 84 additional hours at $123.30Jhour - $10,357.20 A complete set or pians and specifications will be Prepared for the work related to this supptemeol. Meese plans and specifications will be separate from the playas and specifications for the Ustick Road/Meridian Road 1nteralion Project and the Ustiok Roil (Meridian to Locust Grove) projul. 8, Task 4.2 — City Engineering 'Departmental review and comment, Four additional hours at $123.30lhwur= $493.20 9, Task 4.3 — Development Services and Environmental review and comment. Tluee additional hours at $123.301hour $369.90 Cavil Survey Consultants, he, UMYI a�101,S. Rnidw (]08)8884 3 1 7 1400 r- Wroanower Surd rw 888-0143 Suite iia 11 .*$ X bjnt f PC, Mioridiaa, ldaha 83642 V1"avu6&nt lime 23,2014 Entity Skoro, P.Ti. City of Meridian 33 E. Broadway Avenue, Ste. 200 Meridian, [U 83642 Re: Ustick Read and Meridian Road Intersection Utility Improvements -Additional Services Task Ordet Nn. 10432 —Change Order No. 2 [Teat Cmilyl Per your rcquest, cosi aro proposing to expand our original scope of services to include utility improvements on Ustick [toad between Linder Road and Meridian Road. These improvements will be constructed in corijuncdon with ACHD's rebuild or Ustick Road. We are proposing to provide the following additional services; t. TaskI.I — E -builder, Three additional hours at$123.30AIour-$369,9X!. 2. Task L1•�Field Sorveying. Twelve additional hours at$I451hour-S1,740=W Field work associated with verifying inverts ofexisting sewer cleanouts in Ustick Road as needed to extend existing sewer stubs and to locate two existing water stub blow -offs. + Field work associated with marking pWholo locations and field surveying potholes after they are co spieled. Also, includes coordination with pothole contractor. The exisling water main will be potholad nt five potential conflicts with the now storm drain main or Irrigation pipe. 3 Tusk 2.2—Survey Dmfling. Six mchhh mat hoary al S123.3ftour - $739.80. o Office work associated with drafting field survey and pottx7le results. 4, lask 3.1 — Water Systom Improvements. Sixteen additional hoursat$123,30/hour= 51,972,80. Adjust approximately fourteen existing valve boxes to grade. + Adjust existing water main at approximately five locations where conflicts exist with naw storm drain or iaiagation pipes. + Design four new fire hydrants at locations iden8fied by the City. Relocate two existing water miters, • Extend five existing water stubs to the right-of•way Pure, + Adjust one existing fire hydrant w grade. Das'agn comer service Stabs to four properties along Ustick Road, as requested by property owner. S. Task 3.2 — Sewer System huprovenumis, 12 additional lours at $123,301hour = $1,479.(x0, + Ocsign server stubs to two properties along Ustick Road, as requester) by property owner. + Extend 3 existing sewer stubs to the righderf-way line. 6, Task 33 — Property Owner Coordination. Six additional hours at 5127.30/h oar - S739.80. • Send letters to the property owners of four properties fronting Ustick Road that currently are not connected to City water nod sewer services, 7. Tad: 4.1 — Develop plaits, specifications, cost estimate and bid scWvle, 84 additional hours at $123.30Jhour - $10,357.20 A complete set or pians and specifications will be Prepared for the work related to this supptemeol. Meese plans and specifications will be separate from the playas and specifications for the Ustick Road/Meridian Road 1nteralion Project and the Ustiok Roil (Meridian to Locust Grove) projul. 8, Task 4.2 — City Engineering 'Departmental review and comment, Four additional hours at $123.30lhwur= $493.20 9, Task 4.3 — Development Services and Environmental review and comment. Tluee additional hours at $123.301hour $369.90 !8. Task 4,4— ACHD review and comment. Two additional hours of $123.3ftour- $246.60 11, T"ask 4.5 -, Qi.Ph review and approval. Three additional hours at $123.30fhour=$369.413 12, Task 4.6 — Final Plana to City F,ngineering Department. Chia additional how at $123,30/hour SMAD 13. Task 4,7 - Submit plans to Nampa Meridian Irrigation District and Settlers Irrigation District f`ar revi4wv and approval. - 1 nye'neor will submit me %as of plus to each irrigation district for tvvim% Engineer will revise plans as necessary per comments. City shall handle all work assoeiated with obtaining license agreements and pay all asaociawd fees, ant additional hours at $123.30fltuur- $739.80 14, Direct Costs. Printing, $300 Potltnla -• 5 socio at 82$0/ea = 51,250,60 I$. Additional trema. Attend ACHD 75% plias onsite walk duough. Three additional lotus at $123.3Mrour- $369.90, s Review ACRD 75% plans and provide comments. Pour additional hours at 123 3nour=SA97,20 • Review ACHD 95% plans and provide continents. Pour addilional hours at 123.301hout-5493.30 'Phis scope of services strap include the following assumptions; It will be the City's responsibility to negotiate mid execute tate Joint Effort Agreement for construction whit ACHD. Plans will be prepared once the City has provided our office with AutoCAD electronic files of AC:IID's 9S°% plans, The City will obtain permission from ACHD to cue die electronic idea for utility design purposes, 2. It is assumed that the electronic design files provided by ACHD art complete cnough to prepare our design without major revisions prior to cattsuuctiun, Th(s scope of services does not include revising our plans due to majormvisions to AMD's plans, 3. All improvements will be designed based off topographic survey information provided by ACRD. 4, The City will provide. the Engineer with property owner mailing information necessary to send Project notification letters. S. It is anticipated that all improvements will be installed with the public right�of--way and this scope of services does nol include preparing or obtaining co sements. b, 'no City will assist the Engineer with obtaining special provision numbers rmm ACRD. 7, An Hiesion and Sodiment Control Platt (E,9CP) will not be prepared, The City will coordinate with ACHD to have all work covered under AC) ID SSCP and SWPPP. We are requcvring $22,648,10 to eovcr tate additional services. The revised total contract amount will be $76,166.30. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WWTP Construction Projects 60 - Enterprise Fund From 10/1/2013 Through 9/30/2014 I Mte: 7/15/14 08:13:35 As Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 95000 Service Line/Main Replacement 213,738.91 0.00 213,738.91 100.008' 0000 NON -DEPARTMENTAL 0.00 2,500.00 (2,500.00) 0.00& 10005 ACHD Split Corridor, Phase 205,000.00 3,287.69 201,712.31 98.408' 2 10005b Split Corridor Ph 2 0.00 132,713.57 (132,713.57) 0.00& Construction 10234 Downtown Sewer Line 56,000.00 3,029.93 52,970.07 94.59& Replacements Sites 10-12 10234.c Elm Street Sewer Main Site 0.00 48,120.00 (48,120.00) 0.00% 12a 10329 NW 8th ST Sewer Trunk Main 974,736.71 31,439.00 943,297.71 96.778 Broadway to Cherry Ph2 Design 10329a NW 8th ST Sewer Trunk Main 0.00 804,010.60 (804,010.60) 0.008 Broadway to Cherry Ph2 Constructi 10330 NW 8th St Sewer Trunk Main 49,800.00 49,800.00 0.00 0.00& Broadway to Cherry Ph 3 Design 10366 Five Mile Trunk Relief - 11,919.29 11,919.29 0.00 0.008 8th Street Park 10394 Sewer Line Replacement - 40,000.00 5,869.28 34,130.72 85.338 NE 3rd St 10394.a NE 3rd St Williams King 0.00 193,548.60 (193,548.60) 0.008 Ada - Sewer Water Main Construction 10400 Sewer Line Replacements - 15,000.00 6,441.00 8,559.00 57.068 Big O Fairview 10413 Sewer Line Replacements - 13,500.00 13,154.47 345.53 2.568 Sites 14 & 15 10413.a Sewer Line Replacement - 0.00 51,332.30 (51,332.30) 0.008 Site 14 - Construction 10478 Sewer Collection System 24,512.00 24,512.00 0.00 0.008 Rehabilitation & Replacement Program 10495 Meridian Interchange 145,000.00 145,000.00 0.00 0.008 Rebuild Sewer Improvements - ITD 10499 Sewer Line Replacement - 136,659.00 136,659.00 0.00 0.00% Site 12b Total Capital Outlay 1,885,865.91 1,663,336.73 222,529.18 11.808 TOTAL EXPENDITURES 1,885,865.91 1,663,336.73 222,529.18 11.808 I Mte: 7/15/14 08:13:35 As Page: 1 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: LICENSE AGREEMENT License Agreement with COMPASS for Installation of Redundant Equipment of Meridian City Hall MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: City Council From: Jaycee Holman, Information Services Director CC: Dave Tiede, Emily Kane, Jacy Jones Date: 07/11/2014 Re: July 22nd City Council Meeting Agenda Item The Information Services Department respectfully requests that the following item be placed on the July 22, 2014 City Council Consent Agenda for Council's consideration. Approval of License Agreement with COMPASS for Installation of Redundant Equipment at Meridian City Hall This agreement will allow COMPASS to house redundant storage equipment (6 rack units, a wireless antenna and related equipment) in our I.T. data center to assist in their continuity of operations plan in case of failure of their primary systems. This is for storage only and the City's I.T. department will not provide any support of these systems. City I.T. staff will allow supervised access for COMPASS I.T. staff if and when they may need it. Thank you for your consideration 0 Page 1 LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL This LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL is made and entered into this 'D a day of VA '2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Community Planning Association of Southwest Idaho ("COMPASS"), a nonprofit organization organized under the laws of the State of Idaho. WHEREAS, COMPASS, of which City is a member, serves the public by, among other things, preparing and maintaining materials essential to the transportation planning, prioritizing, and funding processes; WHEREAS, the City Council of the City of Meridian hereby finds that the issuance of a license for COMPASS's storage of equipment serves the public interest by establishing redundancies necessary for continuity in case of failure of primary systems, And is willing, upon the terms and conditions enumerated in this Agreement, to provide non-exclusive, temporary use of the City property for the purposes stated herein; and WHEREAS, the City Council of the City of Meridian hereby finds that the licensed areas are not otherwise needed for City purposes; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and COMPASS agree as follows: I. License granted. City, for and in consideration of the covenants and conditions set forth in this Agreement, and agreed to be kept and performed by COMPASS, does hereby provide to COMPASS license to utilize six (6) rack units ("RU") in a rack designated for such purpose in the City's datacenter in Meridian City Hall, and to erect wireless antennae and related equipment on the roof of Meridian City Hall. The portion of the datacenter and roof areas utilized for these purposes shall be referenced hereinafter as "Licensed Areas." II. Use of Licensed Areas. COMPASS's use and occupancy of the Licensed Areas shall be limited to storage and/or fixture of enumerated equipment, in order to establish redundancies necessary for COMPASS's continuity in case of failure of primary systems due to disaster or other purpose. COMPASS shall not use the Licensed Areas for any other purpose without the express written consent of the City. III. Term. The term of this Agreement shall be deemed to have commenced on the Effective Date and the initial term shall terminate at 11:59 p.m. on December 31, 2014, unless earlier terminated by either Party by the method established herein. This Agreement shall LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL PAGE I OF 6 automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other by the method set forth herein. IV. Day-to-day communication. A. Primary Source of Contact for COMPASS. COMPASS shall provide City the name, e-mail address, and telephone number of specific COMPASS personnel ("COMPASS Contact") who shall serve as COMPASS's primary contact between COMPASS and City for all matters regarding day-to-day matters regarding COMPASS's installation, maintenance, and access to Licensed Areas. B. Primary Source of Contact for City. City shall provide COMPASS the name, e- mail address, and telephone number of specific City personnel ("City Contact") who shall serve as City's primary contact between City and COMPASS for all matters regarding day-to-day matters regarding COMPASS's installation, maintenance, and access to Licensed Areas. C. Notice. Where COMPASS requires access to Licensed Areas, COMPASS Contact shall provide City Contact with notice of such requirement. Except in case of emergency, COMPASS Contact shall provide City Contact with at least two (2) business days' notice of such requirement. D. Access to Licensed Areas. COMPASS personnel shall be accompanied at all times by City personnel when accessing Licensed Areas. E. Enumeration of equipment. COMPASS Contact shall provide to City Contact, a written list of all equipment and property stored or affixed at the Licensed Premises, specifying make, model, serial number, location, and any other identifying information. COMPASS Contact shall provide an updated list whenever equipment is added, removed, or replaced. V. Rights and responsibilities of COMPASS. With regard to COMPASS's use and occupancy of the Licensed Areas under this Agreement, COMPASS shall be responsible for each and all of the following. A. Rack units. 1. COMPASS shall ensure that its systems and equipment do not interfere with or degrade City's operations, systems, or equipment. 2. COMPASS shall be solely responsible for any and all maintenance and/or repairs of COMPASS's equipment located in City's rack units. 3. COMPASS acknowledges that its use of Licensed Areas for rack units carries risks, some of which are unknown, and accepts any and all such risks. B. Wireless equipment. 1. COMPASS shall install all wireless equipment at the location(s) specified by City, in City's sole discretion. LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL PAGE 2 OF 6 2. COMPASS shall ensure that its wireless operations, systems, or equipment do not interfere with or degrade City's operations, systems, or equipment. In the event that any interference or degradation of City's operations, systems, or equipment, attributable to COMPASS's wireless operations, systems, or equipment, occurs, COMPASS shall relocate or remove such equipment, pursuant to City Contact's direction, at City's sole election. 3. COMPASS may not operate its wireless system on the same frequency as any City wireless system. 4. COMPASS shall be solely responsible for any and all maintenance and/or repairs of COMPASS's wireless system. 5. COMPASS acknowledges that its use of Licensed Areas for wireless equipment carries risks, some of which are unknown, and accepts any and all such risks. C. Alterations; waste. COMPASS shall not make, or permit to be made, alterations on or to Licensed Areas without first obtaining City's written consent. COMPASS shall not commit, permit nor suffer any damage to or waste upon the Licensed Areas or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. D. Right of entry. COMPASS and COMPASS's contractors, employees, agents, and invitees to access the Licensed Areas, during City business hours, in order to inspect, maintain, or repair COMPASS's personal property located thereon, subject to the availability of City staff to accompany COMPASS. COMPASS shall not access, or attempt to access, the Licensed Areas, without accompanying City staff. COMPASS shall provide to City a request for access at least twenty-four (24) hours in advance. E. Acceptance as is. COMPASS acknowledges that COMPASS has inspected the Licensed Areas and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Licensed Areas, and COMPASS accept the Licensed Areas "as is." F. Indemnification. COMPASS specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to COMPASS, to COMPASS's personal property or equipment, and to COMPASS's employees, agents, guests or invitees arising out of or resulting from the condition of City property or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. COMPASS further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Licensed Areas by COMPASS or by COMPASS's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, COMPASS, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL PAGE 3 OF 6 defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. G. Liability insurance. COMPASS shall maintain, and specifically agrees that COMPASS will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided, COMPASS covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. COMPASS shall provide City with a certificate of insurance or other proof of insurance evidencing COMPASS's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, COMPASS shall immediately submit proof of compliance with the changed limits. H. Worker's compensation insurance. In the event COMPASS hires any person to work in City Hall or on the Licensed Areas, any and all workers shall be covered by worker's compensation insurance. In such event, COMPASS shall provide to City a certificate of insurance. I. Property insurance. COMPASS may; at COMPASS's option, maintain property insurance for property placed on Licensed Areas. City shall not maintain property insurance on COMPASS's behalf. VI. Rights and responsibilities of City. With regard to COMPASS's use and occupancy of the Licensed Areas under this Agreement, City shall be responsible for the following. A. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to inspect the Licensed Areas and personal property located thereon, for the purposes of inspection for compliance with the terms of this License Agreement and for the exercise of City's rights hereunder and for all other lawful purposes. B. Utilities. City shall pay for all power, heating, cooling, ventilation, and other utilities normally utilized at Meridian City Hall. City shall attempt to notify COMPASS of planned or foreseen outages in advance. City shall attempt to notify COMPASS of unplanned or unforeseen outages as soon as practicable after such outage. C. No support. City shall not provide support, monitoring, or administration services related to COMPASS's use and occupancy of the Licensed Areas and/or COMPASS's personal property thereon. LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL PAGE 4 OF 6 VII. General provisions. A. Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective thirty (30) days following mailing of written notice. COMPASS agrees that upon termination or expiration of this License Agreement, COMPASS shall remove all of its personal property from the Licensed Areas and surrender the Licensed Areas to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. COMPASS agrees to surrender possession and occupancy of the Licensed Areas peaceably at the termination of this Agreement and any renewal or extension thereof. COMPASS shall be responsible for restoration or repair of the Licensed Areas necessitated by damage caused by COMPASS's use under this Agreement. B. Notices. Communication between the COMPASS Contact and the City Contact regarding day-to-day matters (e.g., installation, maintenance, and access to Licensed Areas) shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served; or mailed by U.S. mail, postage prepaid. Notices shall be addressed as follows: COMPASS: Meridian: COMPASS City of Meridian Attn: Matt Stoll, Executive Director Attn: Information Services Director 700 NE 2nd Street, Suite 200 33 E. Broadway Avenue Meridian ID 83642 Meridian ID 83642 C. Limitation of liability. Notwithstanding anything in this agreement to the contrary, City shall not be liable or obligated, and COMPASS shall hold City 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: 1. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); 2. Interruption of use or loss or corruption of data; 3. Security breach; or 4. Any other matter beyond City's reasonable control. This provision shall survive termination of this Agreement. D. No agency. It is further understood and agreed COMPASS shall not be considered an agent of City in any manner or for any purpose whatsoever in COMPASS's use and occupancy of the Licensed Areas. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or LICENSE AGREEMENT WITH COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL PAGE 5 OF 6 remedy City may have under this Agreement with respect to such subsequent default or breach by COMPASS. F. No assignment, COMPASS shall not assign, sublet or transfer the Licensed Areas, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. G. Independent contractor. In all matters pertaining to this Agreement, COMPASS shall be acting as an independent contractor, and neither COMPASS nor any officer, employee or agent of COMPASS shall be deemed an employee of City. COMPASS shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. H. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. COMPASS: Matthew J. Stoll Executive Director CITY OF MERIDIAN: BY: C C C 0 Ta x1, N1xpDr pr�9 a�rA c-11 � LICENSE AGREEMENT WITFI COMPASS FOR INSTALLATION OF REDUNDANT EQUIPMENT AT MERIDIAN CITY HALL Attest: AUCGsr 9 SEAL ���se txensoe, PAGE 6 OF 6 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. ' 9 q 0I : A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent Records Of The Meridian Public Works Department; And Providing An Effective Date. MEETING NOTES M" APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 1-4 - 9 9 9 BIRD, BORTON, CAVENER, MILAM, ROUNTREE,ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT RECORDS OF THE MERIDIAN PUBLIC WORKS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent records that may be destroyed pursuant to Idaho Code section 50-907(2) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Public Works Department: PUBLIC WORKS YEAR(S) DESCRIPTION Semi -Permanent Area of Impact Records 2003 Records related to analysis of expansion of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of , 2014. RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-06 PAGE 1 OF 2 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this c&day of Jul_, APPROVED: May e eerd C 20 �k'o i 2e'e— ATTEST: Go�o�Tso nn�L�' SEAL EB 4 I THE AS�yA ,pb RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-06 PAGE 2 OF 2 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND AGREEMENT Approval Of Award Of Bid And Agreement To Pipeline Inspection Services, Inc For The "Sewer Manhole Retrofit And Line Repair 2014 " Project For A Not -To -Exceed Amount of $87,650.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Wafts, Purchasing Manager CC: Jacy Jones, Laurelei McVey, Emily Skoro Date: 07/17/2014 Re: July 22nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 22, 2014 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to PIPELINE INSPECTION SERVICES INC for the "SEWER MANHOLE RETROFIT AND LINE REPAIR 2014 " project for a Not -To -Exceed amount of $87.650.00. Recommended Council Action: Award of Bid and Approval of Agreement to PIPELINE INSPECTION SERVICES, INC for the Not -To -Exceed amount of $87,650.00. Thank you for your consideration 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 PROJECT # 10509 pTHIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of Tu I ` , 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspections Services, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is C -15828-B-4. INTRODUCTION Whereas, the City has a need for services involving SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 1 of 10 Project 10509 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $87.650.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 2 of 10 Project 10509 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have until September 30, 2014 days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of one hundred dollars ($100.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 3 of 10 Project 10509 expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injuryto persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 4 of 10 Project 10509 changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 5 of 10 Project 10509 CITY CONTRACTOR City of Meridian Pipeline Inspections Services Purchasing Manager Attn: Scott Wendling 33 E Broadway Ave P O Box 3023 Meridian, ID 83642 Nampa, ID 83653 208-888-4433 Phone: 208-941-9424 Email: pipelineinspections(a)hotmail.com Idaho Public Works License #C -15828-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 6 of 10 Project 10509 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 7 of 10 Project 10509 copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PIPELINE INSPECTIONS SERVICES BY: LC --C /1. (Z — TAMMIA�EEf�$ Pdly@f{ cw^u� 'Pr�Sde_h'Y L' `(ZOtRN lYL44� Dated: Approved by Counci B pTT WENDLING, Vice President Dated: -7—/6 —141 A VgUs �a 0 " � IOFf10 Attest: /1 1 .f -pyo. SEAL JAYC .I O CLERK `p'Ee, �Eo � IA• THE ASU Purchasing Approval DepE BY: B KEITH -WATTS, asing Manager RAC Dated:: -7/,, -711`� SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 Project 10509 Dated:: Superintendent page 8 of 10 Attachment A 610107:2*911KTiM REFER TO INVITATION TO BID WW -14-10509 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # WW -14-10509, are by this reference made a part hereof. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 9 of 10 Project 10509 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $87,650,000. Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 per IFB WW -14-10509 CONTRACT TOTAL ....................... $ CONTRACTS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITV. Item Description Price F. Repair loose rings on manholes No. Description Qnty Unit Unit Price Uncover manholes located in dirt and/or restore manholes to proper grade Repair manholes to stop infiltration, minor to moderate infiltration I. Repair manholes requiring pipe grouting $450.00 A. (less than 3 gpm) 14 EA $750.00 Repair manholes to stop infiltration, extensive infiltration (greater B. than 3 gpm) 4 EA $950.00 C Trenchless (CIPP) line point repairs 7 EA $2,800.00 D. Protruding services -cut and repair 5 EA $1,000.00 Manhole structural repair and coating (Sprayroc Spraywall or an E. approved equal) 13 EA $3,750.00 BID ALTERNATE PAYMENT SCHEDULE Task Description Price F. Repair loose rings on manholes $750.00 G. Uncover manholes located in asphalt and/or restore manholes to proper grade $1,500.00 H. Uncover manholes located in dirt and/or restore manholes to proper grade $1,000.00 I. Repair manholes requiring pipe grouting $450.00 J. Repair manholes requiring base repairs $650.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2014 page 10 o110 Project 10509 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND AGREEMENT Award of Bid and Approval of Agreement for the "Meridian Heights Water Meter Project" MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement Approval of Professional Services Agreement for Instructor Services for Self -Defense Classes with Alexandra Breshears at No Cost to the City MEETING NOTES Amended o n-vo -l-he- c'gevid``L ,r I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR SELF DEFENSE CLASS This PROFESSIONAL SERVICES AGREEMENT FOR WELLNESS SELF DEFENSE CLASS is made this Q D day of J v l 2014, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Alexandra Breshears, an individual person whose address is 920 E. Martello Lane, Meridian, Idaho (hereinafter "Instructor") (collectively, "Parties"). WHEREAS, City and Instructor are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Instructor has specialized self defense training, experience, and skill and is willing to dedicate such skill for the benefit of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and famish to City a series of Self Defense classes, to be scheduled by and through the Wellness Committee. B. Term of Agreement. Instructor shall perform services under this Agreement until August 15, 2014. C. Compliance with laws and standards. Instructor shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. No compensation. Instructor shall provide free Self Defense classes to City employees for the opportunity to advertise a martial arts school. City shall not provide monetary compensation to Instructor for services, work, and/or any activity undertaken pursuant to or related to this Agreement. Except as expressly provided in this Agreement, Instructor shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to meals, lodging, or transportation. Further, without limitation, Instructor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays, or other paid leaves of absence of any type or kind whatsoever. AGREEMENT FOR WELLNESS SELF DEFENSE CLASS PAGE t OF 4 IIl. GENERAL TERMS AND CONDITIONS. A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby do, indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Instructor or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Instructor's use. Instructor accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each self-defense class. D. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Attn: Human Resources Director 33 E. Broadway Avenue Meridian, Idaho 83642 Instructor: Alexandra Breshears 920 E. Martello Lane Meridian, Idaho 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. E. Assignment. Instructor shall not assign or sublet all or any portion of Instructor's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. F. Independent contractor. In all matters pertaining to this Agreement, Instructor shall be acting as an independent contractor, and neither Instructor nor any officer, employee or agent of Instructor shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Instructor understands, acknowledges, and agrees: 1. Instructor is free from actual and potential control by City in the provision of services under this Agreement. 2. Instructor is engaged in an independently established trade, occupation, profession, or business. AGREEMENT FOR WELLNESS SELF DEFENSE CLASS PAGE 2 OF 4 3. Instructor has the authority to hire subordinates. 4. Instructor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. G. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Termination. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature; other unforeseeable event which precludes or makes impracticable the performance of the terms of this Agreement by either party; or a change in circumstances that renders the performance by either party a detriment to the health, safety, or welfare of participants or of City. Either party may terminate this Agreement by providing twenty-four (24) hours written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated immediately upon provision of written notice of termination, in which event Instructor's classes shall be immediately cancelled and the Parties shall have no further dealing hereunder. I. Attorney fees. Should litigation commence between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Discrimination prohibited. In performing services under this Agreement, Instructor shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. K. Compliance with laws. In performing the scope of services required hereunder, Instructor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. L. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. M. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. AGREEMENT FOR WELLNESS SELF DEFENSE CLASS PAGE 3 of 4 N. 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. O. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or waived the opportunity to seek such advice. P. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this c� day of 00L4 , 2014. INST OR: I exandr ears CITY OF MERIDIAN:Go�eonnrao9pCGs BY: AtteCtvor e dc-Weerd, Mayor J "eCit 2 iZCDLk1-5 `� AL 9 `'a"TRFA SYR6V Rib AGREEMENT FOR WELLNESS SELF DEFENSE CLASS PAGE 4 OF 4 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement Approval of Professional Services Agreement for Musical Talent for Concerts on Broadway with High Street Entertainment for the Not -to -Exceed Amount of $3,500.00 MEETING NOTES (��vtev�de� 66+0 4-11e a4oqciq �i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement') is made this 9�) day of July, 2014 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Steve Goff, on behalf of High Street Entertainment, LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place, Nampa, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of High Street, a ten -piece band specializing in the performance of jazz and rock music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which . is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. High Street shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 9, 2014, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August 9, 2014, and High Street may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. IL COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of three thousand five hundred dollars ($3,500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of High Street for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of High Street shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT - HIGH STREET, CONCERTS ON BROADWAY PAGE 1 of 5 B. Cancellation of event. If High Street is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of High Street. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on August 9, 2014. C. Method of payment. By July 1, 2014, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of three thousand five hundred dollars ($3,500.00) for services to be provided on August 9, 2014. So long as all documents are complete and received by July 1, 2014, City shall pay Promoter in full via direct deposit on August 9, 2014. If such documents are not received by July 1, 2014, following the August 9, 2014 performance, Promoter shall provide City with: 1) a completed W-9 form, and 2) an invoice for the amount of three thousand five hundred dollars ($3,500.00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and High Street members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of High Street shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. High Street's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and High Street shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or High Street shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and High Street shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT—HIGH STREET, CONCERTS ON BROADWAY PAGE 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Promoter 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. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "High Street" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of High Street under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or High Street, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of High Street acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of High Street shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of High Street is an independent contractor and is 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 PROFESSIONAL SERVICES AGREEMENT—HIGH STREET, CONCERTS ON BROADWAY PAGE 3 of 5 between Promoter or any member of High Street and City or any official, agent, or employee of City. Promoter and High Street shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of High Street shall comply with any and all applicable federal, state, and local laws. L Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of High Street shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. 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. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Promoter: High Street Entertainment, LLC 2812 Greenvale Place Nampa ID 83686 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT—HIGH STREET, CONCERTS ON BROADWAY PAGE 4 of 5 Q. 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 High Street Entertainment, LLC and High Street, and each and every member thereof. The undersigned further warrants that he is authorized to bind High Street, High Street Entertainment, LLC, and their members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of High Street Entertainment, LLC, High Street, and their members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on theme day of May, 2014. PROMOTER: toe Go , Me er High Street Entertainment, LLC CITY OF MERIDIAN: BY: cGLn . (Z� Tam, Mayor Q 2au-L- PROFESSIONAL SERVICES AGREEMENT—HIGH STREET, CONCERTS ON BROADWAY PAGE5of5 Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES 4,) �U loi4 O Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: CDBG PY2014 ACTION PLAN PUBLIC HEARING Community Development Block Grant (CDBG) PY2014 Action Plan Public Hearing 1 MEETING NOTES LOr�k --'DRv-� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 22, 2014 ITEM # PROJECT NUMBER 7A PROJECT NAME CDBG PY 2014 Action Plan PLEASE PRINT NAME CITY CLERKS OFFICE FOR I AGAINST I NE Meridian City Council Meeting DATE: JUN 22. 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. - ( 0100 : Resolution to Approve the Community Development Block Grant (CDBG) PY2014 Action Plan MEETING NOTES � PPOVMD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1,A— 0300 U BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE,ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2014 ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2014; and WHEREAS, the City held a public hearing on the Program Year 2014 Action Plan on July 22, 2014, and held a public comment period on the draft application materials from June 16, 2014 to July 22, 2014. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Program Year 2014 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, approved as to both form and consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Program Year 2014 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this as day of �,$)kt-k , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this aQ day of z 11 , 2014. APPROVED: LCC n C ¢� Mayor TAmmydTWBerd RESOLUTION APPROVING CDBG DOCUMENTS —Page 1 OF 1 AT' 2014 Action Plan Community Development Block Grant Program �E IDIAN�- DAHO City of Meridian, Idaho 6 TABLE OF CONTENTS EXECUTIVE SUMMARY I. Introduction...............................................................................................................................6 II. Evaluation of Past Performance..............................................................................................9 III. Summary of Citizen Participation Process 91.220(b).........................................................11 IV. Summary of Resources 91.220(c)(1) and(C)(2)..................................................................13 V. Annual Objectives 91.220(c)(3)............................................................................................16 VI. Description of Activities 91.220 (d) and(e).........................................................................19 a. Description of 2014 Public Service Activities b. Description of 2014 Public Facility Activities c. Description of 2014 General Program Administration d. Description of 2014 Fair Housing Activities VII. Geographic Distribution and Obstacles to Addressing Underserved Needs ..................25 VIII. Additional Requirements.......................................................................................................28 a. Annual Affordable Housing Goals 91.220 (g) b. Public Housing 91.220 (h) c. Homeless and Special Needs 91.220 (i) d. Barriers to Affordable Housing 91.220 (j) e. Other Actions 91.220(k) IX. Program Specific Requirements 91.220(II)(1).....................................................................32 a. Program Income b. Activities to Benefit LMI persons c. Monitoring APPENDICES Appendix A: Tables 3A Summary of Specific Annual Objectives................................................34 3B Annual Affordable Housing Completion Goals.....................................36 3C Consolidated Plan Listing of Projects.....................................................37 Appendix B: Certifications..................................................................................................43 AppendixC: SF 424..............................................................................................................50 Appendix D: Public Notices.................................................................................................54 City of Meridian, Idaho 2 2014 Action Plan EXECUTIVE SUMMARY City of Meridian, Idaho 2014 Action Plan Executive Summary Meridian Program Year 2014 Action Plan As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2014 (PY2014) funding for the City of Meridian is anticipated in the amount of $300,091. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment, (2) provide decent housing, and (3) create economic opportunities for the community. During the PY2014, Meridian intends to focus on investing in public facility projects located within the LMI neighborhoods and/or benefitting the City's LMI residents. Meridian will also invest CDBG funds in public services to benefit LMI persons and to advance a suitable living environment. Non -administrative activities planned in PY2014 will focus on LMI beneficiaries and an activity to increase economic opportunities by addressing slum and blight. City of Meridian, Idaho 2014 Action Plan Activity Categorical Category & Activity Total Total Administration & Planning (no more than 20% of Entitlement Grant) Administration $40,091.00 Fair Housing Outreach and Education $3,000.00 SUBTOTAL $43,091.00 Suitable Living Environment Public Facility $ 50,000.00 Fitness Path/Meridian Elementary $50,000.00 Public Service (no more than 15% of Entitlement Grant) $45,000.00 Hunger Relief/Meridian Food Bank $27,000.00 Homeless Case Management/CATCH $18,000.00 SUBTOTAL $95,000.00 Economic Opportunity Public Facility Facade Improvements/Meridian Community Center $162,000.00 SUBTOTAL $162,000.00 TOTAL $300,091.00 City of Meridian, Idaho 2014 Action Plan SECTION I Introduction City of Meridian, Idaho 2014 Action Plan Section I Introduction Purpose of this Document. The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2014 program year will mark the City's eighth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2014 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian's 2012 — 2016 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year (PY); October 1, 2014 through September 30, 2015. City of Meridian CDBG Program Mission Statement. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for- profit and non-profit organizations. Consolidated Plan. A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian's Consolidated Plan spans program years 2012 through 2016 and addresses the community's most critical housing and community development needs. The PY2012 Action Plan represented the first year using the 2012 — 2016 Consolidated Plan; the PY2014 Action Plan is the third year under the current Consolidated Plan. Action Plan. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2014 Action Plan identifies the objectives the City hopes to achieve from October 1, 2014 through September 30, 2015, and outlines the activities the City will undertake to achieve those objectives. Consolidated Annual Performance and Evaluation Report (CAPER). At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's City of Meridian, Idaho 2014 Action Plan performance and determine whether the activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. Submittal to HUD. In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2014. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 2014 Action Plan SECTION II Evaluation of Past Performance City of Meridian, Idaho 2014 Action Plan Section II Evaluation of Past Performance Since 2007, Meridian has successfully managed an average of $248,000 in resources from its annual CDBG allocation. Over these seven years, the City's expenditures from its CDBG allocation have produced the following results: • Assisted 13 new homeowners to purchase homes. • Completed three facade improvement projects with the Meridian Development Corporation. • Provided over 161,000 persons with food through the Meridian Food Bank. • Initiated a transportation service for the local Boys and Girls Club. • Provided scholarships to over 79 children to attend fee-based programs at the local Boys and Girls Club • Completed 7 public facility projects. • Completed 349 code enforcement cases within the downtown LMI area. The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERS) for Program Years 2007, 2008, 2009, 2010, 2011, and 2012—for the period beginning October 1, 2007 and ending September 30, 2013. The CAPERS demonstrated that over 90 percent of the funds expended during the previous program years were invested into activities benefiting low to moderate income individuals and families, well over the 70 percent statutory minimum requirement. The City did not exceed the regulatory caps of 20 percent for administration and planning. The maximum funding available under CDBG regulations, 15 percent of the annual entitlement, was made available for public service activities. The City has met its expenditure of grant funds deadlines imposed by HUD each year. City of Meridian, Idaho 2014 Action Plan SECTION III Summary of Citizen Participation Process City of Meridian, Idaho 10 2014 Action Plan Section III Summary of Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood and stakeholder concerns. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate -income residents. Bi -lingual services and additional assistance for persons with disabilities are available upon request. Meridian went through an extensive citizen participation process for the development of the 2012-2016 Consolidated Plan. That process yielded valuable results and greatly shaped the formation of the City's five year plan for utilization of the grant funds. The citizen participation process for the 2014 Action Plan followed the process identified in the City's Citizen Participation Plan, adopted with the 2012-2016 Consolidated Plan. The process consisted of the following: 2014 Dates • March 10: Public CDBG Workshop to provide information and seek input from non- profit organizations and potential sub -recipients. • May 27: City Council Annual Pre -draft Prioritization Meeting • June 16 and June 23: Legal Notice for public comment period and public hearing published in Valley Times and Idaho Statesman. • June 16 -July 22: Public Comment Period on Annual Action Plan • July 22: Public Hearing on Annual Action Plan Efforts made to broaden citizen participation. Because not all residents have access to the internet or read the public notices published in the newspapers, the City designed posters to be displayed at different locations throughout LMI neighborhoods. The posters informed the public about the CDBG program, anticipated projects, and the opportunity to provide comments on the plan. The posters were displayed at the Meridian Food Bank, the Meridian Boys and Girls Club, the Meridian Library, and Meridian City Hall. In addition, the City utilized social media to reach out to citizens who might not otherwise know about the program. City of Meridian, Idaho 11 2014 Action Plan Outreach process for draft plan. The City invited comment on the draft 2014 Action Plan from June 16, 2014 through July 22, 2014. Public meetings were held on May 27 and July 22, 2014 at the accessible City Hall location. Advertising for the comment period was accomplished through the City's website and legal advertising. Advertisements announcing the availability of plans, the public hearing and comment period were published in the Idaho Statesman and the Valley Times on June 16 and 23, 2014 (see Appendix D). The draft plans were made available at the City offices and on the City's website during the comment period. Comments were accepted via e-mail, mail and in-person at the City's Community Development Department. Summary of comments. Comments were submitted by Beth Geagan on behalf of the Boise City/Ada County Continuum of Care (CoC). The comments were related to Meridian's Fair Housing Action Plan and participation in the CoC's Housing Working Group. The comments were incorporated into this document in Sections VI and VIII. City of Meridian, Idaho 12 2014 Action Plan SECTION IV Summary of Resources City of Meridian, Idaho 13 2014 Action Plan Section IV Summary of Resources The 2014 Action Plan represents an allocation of $300,091. Source Components of 2014 Action Plan Funds 2014 CDBG Entitlement Grant $300,091 Program Income $0.00 Total Revenue Allocated $300,091 There are a number of additional funding sources that may be utilized to fund specific projects. Where these resources are known, they have been delineated within the project descriptions. The City of Meridian receives CDBG funds directly through its annual entitlement; this is the only HUD funding that the City directs toward projects. Non-profit organizations utilize other federal, state, and private grant funds. Public Housing programs including Family Self - Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding. Other federal funds made available for use in the city include Section 8, administered by Ada County Housing Authority and low-income housing tax credits administered by the Idaho Housing and Finance Association. There are no public housing units in Meridian. Entities in Ada County receive approximately $965,000 in Continuum of Care funding from HUD to provide funding for transitional and permanent housing and supportive services for homeless individuals and households. Over the years, many of the City's partner agencies and organizations have been able to leverage funds within their own budgets to make the most of the CDBG funds that they have been allocated. For the current year, the proposed funds to CATCH represent only 8% of that agency's total budget, but the CDBG allocation from the City represents an important component to increasing the services provided in Meridian. Likewise the funds allocated to the Meridian Food Bank represent a small but important component to that organization's operating budget. While the Food Bank receives many donations of food, the CDBG funds are used to purchase, in bulk, needed food supplies in order to round out the contributions from the community. When the Food Bank utilizes CDBG funding to purchase food, it is in conjunction with developed relationships with local grocery stores that provide deep discounts on the food being purchased. In this way, the CDBG funds are multiplied many times over in the benefit they are providing to those in need. City of Meridian, Idaho 14 2014 Action Plan SECTION V Annual Objectives City of Meridian, Idaho 15 2014 Action Plan Section V Annual Objectives During Program Year 2014 the City intends to focus primarily on providing a suitable living environment for low -moderate income persons and investing in public facility improvements to address the conditions which contributed slum and blight in the downtown area. Consistent with the survey results conducted during the preparation for the 2012-2016 Consolidated Plan, the City is focusing on public facility improvements to serve LMI residents and public services for at -risk youth and LMI residents. In previous program years the City has allocated funds to addresses Strategy 1 in the Consolidated Plan, which is to "Improve access to affordable housing opportunities for Meridian residents." For the current program year, the CDBG Scoring Committee and the City Council determined that funds would be best utilized by investing in projects and activities to address Strategy 2 and 3 in the Consolidated Plan. Strategy 2 is to "Improve the lives of Meridian residents with special needs and residents at -risk of homelessness." Strategy 3 is to "Improve economic opportunities in the city's LMI areas." A. Suitable Living Environment Strategies Strategy No. 2 Improve the lives of Meridian residents with special needs and residents at -risk of homelessness. • Objective 2.1: Support public service activities that serve the city's LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL -1) o Allocate a total of $45,000 for: 1) hunger relief through the local food bank; $27,000, and 2) case management for homeless families through CATCH, Inc., $18,000 • One Year Action Plan Outcome: 2,015 people served Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas or serving LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL -1) o Allocate $50,000 for a public facility project to serve LMI residents and/or the LMI area. • One Year Action Plan Outcome: 1 public facility City of Meridian, Idaho 16 2014 Action Plan B. Economic Opportunity Strategy Strategy No. 3 Improve economic opportunities in the city's LMI areas. • Objective 3.2: Invest in public facility improvements or activities in the downtown area that address one or more of the conditions which contributed to the deterioration of the area. o HUD Specific Objective Category: Availability/Accessibility of Economic Opportunity (EO -1) o Allocate $162,000 for a public facility project (facade improvement of the Meridian Community Center) to address conditions which contributed to the deterioration of the area. • One Year Action Plan Outcome: 1 public facility City of Meridian, Idaho 17 2014 Action Plan SECTION VI Description of Activities City of Meridian, Idaho 18 2014 Action Plan Section VI Description of Activities In PY2014, the City of Meridian will allocate approximately 37% of all non -administrative funds on activities that benefit low- and moderate -income persons or households, while the remaining 63% of non -administrative funds will be allocated to an activity to address slum and blight. In Program Year 2012 the city expended 99% of all non -administrative funds on activities to benefit LMI persons or households, and the city anticipates a similar percentage at the conclusion of program year 2013. Therefore, the City is confident that it will meet the required 70% expenditure to benefit LMI persons for the three-year certification cycle (Program Years 2012, 2013, and 2014). The City's PY2014 entitlement is anticipated at $300,091. A description of all the planned activities for PY2014 is identified below. A. Description of 2014 Public Service Activities The City has allocated the maximum allowed amount of 15% for public service activities, $45,000. The allocation will be divided between two public service activities to address the availability/accessibility of a suitable living environment. Hunger Relief Program Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(o)(2)(i)(8) Outcome Category: Availability/Accessibility Outcome Measure: 2,000+ people assisted The City will provide support to the Meridian Food Bank in the amount of $27,000 for the purchase of food to be distributed to persons and families in need. The Food Bank continues to experience an increase in demand due to the recession, and the provision of CDBG funding will enable to Food Bank to purchase and supply food to those in need. Homeless Family Case Management Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(o)(2)(i)(8) Outcome Category: Availability/Accessibility Outcome Measure: S Households The City will provide support to CATCH (Charitable Assistance to Community's Homeless) in the amount of $18,000 for the purpose of increasing staffing time for the one CATCH employee serving homeless families in Meridian. CATCH houses homeless families and provides intensive case management to address issues contributing to the family's homeless episode while preparing the family for self-sufficiency. No funds will be used for rental assistance. CATCH receives contributions from churches within the community to fund the rental assistance for the families in this program. City of Meridian, Idaho 19 2014 Action Plan B. Description of 2014 Public Facility Activities Meridian Fitness Path Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(I) Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility Project funds (approximately $50,000) will be used by Meridian Elementary School (a public school) to construct a''/< mile path in the school's west field. The path will be composed of an asphalt surface loop and will have scientifically designed stationed -based exercises. The path will also serve as a pedestrian connection between 4th Street and Pine Avenue/NW 15t Street, which is consistent with the City's Master Pathway Plan. Park and recreation facilities scored second highest on the resident survey under the community facilities category, and this project is intended to address this identified community priority and need. Meridian Community Center Fa4ade Improvements Priority: Economic Opportunity, Public Facility National Objective: Slum & Blight Area 570.208(b)(1) Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility Project funds will be used by the City's Parks and Recreation Department to design and construct facade improvements for the Meridian Community Center in downtown Meridian. This project will be limited to exterior improvements only. The project is consistent with the Revitalization Plan adopted by the Meridian Development Corporation (the local Urban Renewal Agency). C. Description of 2014 General Program Administration City of Meridian Community Development Department Community Development Block Grant Program Program Administration Costs 570.206 Planning Activities 570.205 Activities include preparing required reports and planning documents, contract administration, grant management, citizen participation, sub -recipient monitoring, fair housing education, environmental reviews, and the identification and development of programs to meet the needs of the community's lower income residents. The City will budget less than the allowed 20% cap of the CDBG program. The City is allocating $40,000 (13.3%) for administrative expenses. City of Meridian, Idaho 20 2014 Action Plan D. Description of 2014 Fair Housing Activities Fair Housing Activities 570.206(c) The City is allocating $3,000 for Fair Housing Activities in PY2014. In accordance with the Fair Housing Action Plan (FHAP) developed as a result of the Analysis of Impediments to Fair Housing Choice Report adopted on April 17, 2012, the table below identifies the activities the City anticipates working towards during PY2014. The activities and goals identified for PY2014 are based on the 5 -year Fair Housing Action Plan; however, the City is anticipating hiring a new CDBG Administrator during the 2014 program year and all of these activities may not be achievable for a new administrator. Therefore, if the City is unable to work on some of these activities, the FHAP will be re-evaluated at the end of PY2014 in order to determine how best to proceed for PY2015. The City of Meridian is a participating member in the Boise City/Ada County Continuum of Care. The CoC has initiated a Housing Working Group, and the Meridian CDBG Administrator will participate in this effort in order to coordinate efforts on fair housing and to leverage funds and resources within the community to create a consistent approach to address fair housing needs. City of Meridian, Idaho 21 2014 Action Plan FHAP Action Item Activities Lead Agency/ Funding Program Year 2014 Responsible Source/ Goals Entity Amount Barrier 1(Fair Housing Related Activity/Affordable Housing) Lack of affordable housing. 1.1 Preserve existing Meet with affordable City of Meridian, City of Conduct at least one affordable housing units housing owners and help CDBG Meridian, meeting with owners of in the city. encourage them to not let Administrator CDBG affordable housing units in contract on affordable Administration Meridian. units expire. 1.2 Convene an Identify tools that the city City of Meridian, City of Identify two tools the city affordable housing task could implement to CDBG Meridian, could use to encourage force to investigate ways encourage affordable Administrator CDBG affordable housing to develop new housing development in Administration development in Meridian. affordable housing. Meridian. Discuss implementation of these tools in Meridian. Present two strategies City of Meridian, City of Develop and present two developed by the CDBG Meridian, strategies and/or tools to affordable housing task Administrator CDBG City Council for force to City Council for Administration consideration. consideration. Barrier 2 (Impediment) Potentia position to affordable housing development. MWM 2.1 Continue to Monetarily sponsor the City of Meridian, City of Sponsor the regional fair participate in regional regional fair housing CDBG Meridian, housing awareness fair housing awareness awareness campaign. Administrator CDBG campaign. campaign and tailor it Administration current needs. /$1000 Design and distribute City of Meridian, City of Provide flyers and posters flyers and display posters CDBG Meridian, to at least 5 landlords and in Meridian specific to the Administrator CDBG 5 homeowner's current fair housing needs Administration associations in Meridian. in Meridian. /$500 Barrier 3 (Impedime Limited public transpo rtunities. 3.1 Continue to stay Research state and federal City of Meridian City of Create a list of potential engaged in regional transportation grants and Staff and Meridian Staff transportation grants the transportation planning determine if they could Meridian Time City may be interested in efforts, leverage local help support public transit Transportation applying for. resources for local planning efforts in Task Force transit opportunities and Meridian. Meet monthly with the City of Meridian City of Provide an update on any seek partnerships. Meridian Transportation Planning Staff Meridian Staff work the Meridian Task Force, the ACHD Time Transportation Task Force Capital Improvement or other committee's may Citizen Advisory be doing related to public Committee (ACHD CICAC), transportation in Meridian. the COMPASS Regional Technical Advisory Committee (COMPASS RTAC), and Meridian's Traffic Safety Task Force. Barrier 4 (Impediment) Lack of understanding by developers and landlords about housing accessibility requirement 4.1 Tailor fair housing As part of regional fair City of Meridian, City of Provide flyers and list of City of Meridian, Idaho 22 2014 Action Plan outreach campaign to housing awareness CDBG Meridian, information sources to at address the needs of campaign, address needs Administrator CDBG least 5 landlords in persons with disabilities. of persons with disabilities, Administration Meridian. such as including information about reasonable accommodations and service animals in campaign message. 4.2 Expand outreach and Conduct a fair housing City of Meridian, City of Conduct a fair housing education to Meridian's training in Meridian CDBG Meridian, training for at least 10 landlords. specific to landlords. Administrator CDBG Meridian landlords in Administration coordination with the City /$1,500 of Nampa. 4.3 Train City Conduct an internal City of Meridian, City of Conduct an internal Community training for Community CDBG Meridian, training for at least 5City Development staff on Development staff on fair Administrator CDBG Community Development ADA and fair housing housing design and Administration staff. design and construction construction guidelines. guidelines. City of Meridian, Idaho 23 2014 Action Plan SECTION VII Geographic Distribution and Obstacles to Addressing Underserved Needs City of Meridian, Idaho 24 2014 Action Plan As identified in the 2012-2016 Consolidated Plan (Section IV, page 22), the City's basis for allocating investments has not and likely will not be geographically delineated within the City's boundaries. Funding is determined upon meeting national objectives, qualifying eligible activities, and a competitive application process. The Community Development Department hosts an annual CDBG Workshop where past, current, and potential future sub -recipients are invited to attend and hear about the goals and objectives for the coming program year. After the workshop, potential sub -recipients are encouraged to apply for CDBG funding for proposed projects or activities. All eligible applications are considered for funding within the context of the broad goals and objectives established in the Consolidated Plan. Funding recommendations under the 2014 Program Year were made in consideration of the goals and outcomes of the proposed project, the need that the project addresses, how the organization plans to carry out the project, and the degree to which the project or program addressed the priorities and objectives defined in the Consolidated Plan. Obstacles to meeting underserved needs. The greatest single obstacle to meeting underserved needs is the limited funding available to address identified needs. City of Meridian, Idaho 26 2014 Action Plan SECTION VIII Additional Requirements City of Meridian, Idaho 27 2014 Action Plan Section VIII Additional Requirements A. Affordable Housing The City is primarily working to address affordable housing in Program Year 2014 by focusing on the action items in the Fair Housing Action Plan as identified in Section VI, D. Although the City is not allocating any funds in PY2014 to affordable housing activities, the City will be working towards establishing partnerships with the Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) and continuing its participation in the Boise City/Ada County Continuum of Care (CoC) Housing Working Group. The Housing Working Group seeks to ensure barriers are understood and appropriate solutions are implemented. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. B. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2014, but will continue to encourage homeownership for eligible buyers as described above. Further, the City will participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. C. Homeless and Other Special Needs In PY2014, CDBG funds will be invested in one activity specifically targeted to the objective to serve homeless families. Funds will be utilized by CATCH for intensive case -management for families whose homeless episode originates in Meridian. CATCH is a housing -first model and rental assistance for the program is paid for by donations from local churches. This activity and approach is consistent with the strategies of the CoC. The City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non- homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). The CoC has a coordinated strategy to address the needs of homeless persons and persons at risk of homelessness. The City is not a recipient of HOPWA formula grants. The City will participate in the CoC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. The CoC works to City of Meridian, Idaho 28 2014 Action Plan provide supportive housing services to address the reasons for a persons' homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. So while the City has not set specific numeric goals to assist special needs populations during Program Year 2014, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. The City of Boise serves as the Collaborative Applicant for McKinney-Vento funding and provides coordination, grant submission and reporting for the CoC. Boise's role in this process and the CoC is in response to the HEARTH Act, which consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program and revises the Emergency Shelter Grants program. The HEARTH Act codifies in law the Continuum of Care planning process, a longstanding part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. The HEARTH Act also directs HUD to promulgate regulations for these new programs and processes. The Boise City/Ada County Continuum of Care was awarded $953,114 (Tier 1 & 2 Awards) for activities through the Supportive Housing Program, Shelter -Plus -Care Grant Program, Homeless Management Information System(s) and CoC Planning for FY 2013. D. Barriers to Affordable Housing As identified in Section VI, the City completed an Analysis of Impediments to Fair Housing Choice report in Spring 2012. The report identified observations and impediments along with objectives and activities to address those impediments. The CDBG Administrator will conduct the identified activities in Section VI during 2014 Program Year. The CDBG Administrator will also participate in the CoC Housing Working Group to address barriers to housing and affordable housing inventory for special needs populations. E. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead-based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other locations throughout the community. City of Meridian, Idaho 29 2014 Action Plan The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. City of Meridian, Idaho 30 2014 Action Plan SECTION IX Program Specific Requirements City of Meridian, Idaho 31 2014 Action Plan Section IX Program Specific Requirements A. Program Income None of the identified activities for the 2014 Program Year are intended to generate program income, and no past activities have ever generated program income. B. PY2014 CDBG Activities to Benefit LMI persons In PY2014, the City of Meridian will allocate approximately 37% of all non -administrative funds on activities that benefit low- and moderate -income persons or households, while the remaining 63% of non -administrative funds will be allocated to an activity to address slum and blight. In Program Year 2012 the city expended 99% of all non -administrative funds on activities to benefit LMI persons or households, and the city anticipates a similar percentage at the conclusion of program year 2013. Therefore, the City is confident that it will meet the required 70% expenditure to benefit LMI persons for the three-year certification cycle (Program Years 2012, 2013, and 2014). C. Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2014 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our HUD Community Planning and Development representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subrecipients and review for compliance. Expectations will be clearly outlined in sub -recipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk City of Meridian, Idaho 32 2014 Action Plan monitoring, and on-site monitoring visits, staff will review each sub -recipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. City of Meridian, Idaho 33 2014 Action Plan Appendix A --Tables Table 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho Note: Activities that are not proposed for advancement in PY2014 are included in gray font. Decent Housing with Purpose of New or Improved Availilability/Accessibility DH -1 Specific Objective Source Year Performance Expected Actual Percent of Funds Indicators Number Number Completed DH N/A 2012 % 1.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Decent Housing with Purpose of New or Improved Affordabilit DH -2 DH Address the need for CDBG 2012 Households 3 3 100% 2.1 affordable housing by 2013 1 2 200% supporting a down 2014 1 % payment assistance 2015 1 % program for qualifying 2016 1 % MULTI-YEAR GOAL 7 5 71% households. Decent Housin with Purpose of New or Im roved Sustainabilit DH -3 DH N/A 2012 % 3.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Availabilit /Accessibilit SL -1 SL Support public service 2012 People/Residents 2,000 65,000 >100% 1.1 activities that serve the 2013 2,045 40,000 >100 % city's LMI residents. 2014 2,000 % 2015 2,000 % 2016 2,000 % MULTI-YEAR GOAL 10,045 105,000 >100 % Suitable Living Environment with Purpose of New or Improved Affordabilit SL -2 SL N/A 2012 % 2.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Sustainability (SL -3) SL Invest in public facility CDBG 2012 Public Facilities 1 0 0% 3.1 improvements that serve 2013 3 1 % person with special needs 2014 1 % and low income residents 2015 0 % or are located in LMI 2016 1 % areas. MULTI-YEAR GOAL 3 0 0% City of Meridian, Idaho 34 2014 Action Plan Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO -1) Specific Objective Source Year Performance Expected Actual Percent of Funds Indicators Number Number Completed EO Support public service CDBG 2012 People/Residents 10 7 70% 1.1 activities that provide 2013 0 0 0% employment training or 2014 5 % job creation/retention for 2015 5 % the city's LMI residents. 2016 0 % MULTI-YEAR GOAL 20 7 35% Economic Opportunit with Purpose of New or Improved Availabilit /Accessibilit EO -1 EO Invest in public facility 2012 Businesses or 0 0 % 1.2 improvements or activities 2013 public facilities 1 2 200% in the downtown area that 2014 1 % address one or more the 2015 0 % conditions which 2016 0 % MULTI-YEAR GOAL ? 2 100% contributed to the deterioration of the area. EconondcOpportunit with Purpose of New or Im roved Sustainabilit EO -3 EO N/A 2012 % 3.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Neighborhood Revitalization (NR - NR N/A 2012 % 1.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Other O-1 O N/A 2012 % 1.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Other (0-2) 0 NIA 2012 % 2.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % City of Meridian, Idaho 35 2014 Action Plan Table 3B Annual Affordable Housing Completion Goals Grantee Name: Program Year: Expected Annual Number of Units To Be Completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA BENEFICIARY GOALS Sec. 215 Only) Homeless households ❑ ❑ ❑ ❑ Non -homeless households ❑ ❑ ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* ❑ ❑ ❑ ❑ RENTAL GOALS Sec. 215 Only) Acquisition of existing units Production of new units Rehabilitation of existing units Rental Assistance Total Sec. 215 Affordable Rental Li Li Li Li HOME OWNER GOALS Sec. 215 Onl Acquisition of existing units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of existing units ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Owner ❑ ❑ ❑ ❑ COMBINED RENTAL AND OWNER GOALS Sec. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Combined Total Sec. 215 Goals* ❑ ❑ ❑ ❑ OVERALL HOUSING GOALS Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal ❑ ❑ ❑ ❑ Annual Owner Housing Goal ❑ ❑ ❑ ❑ Total Overall Housing Goal ❑ ❑ ❑ ❑ City of Meridian, Idaho 36 2014 Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Program Administration Project Title: PY2014 Program Administration Description: The City's overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: Coordinating Fair Housing activities with regional partners • Ensuring compliance with the adopted Consolidated Plan • Preparing program budgets, schedules and amendments • Evaluating program results against stated objectives • Monitoring program activities for progress and compliance; audit and monitoring findings • Preparing reports and other documents for submission to HUD • Developing agreements to carry out program activities Objective Category: ❑Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient C DBG National Objective Entitlement N/A Start Date Completion Date 10/1/2014 9/30/2015 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A The primary purpose of the project is to help: Funding Sources CDBG $40,091 ESG HOME HOPWA Total Formula $40,091 Prior Year Funds Assisted Housing PHA Other Funding Total $40,091 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 37 2014 Action Plan Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Affirmatively Furthering Fair Housing Fair Housing Activities In order to affirmatively further fair housing and address the impediments that may hinder fair housing, the City will undertake the following activities in PY2014: • Meet with affordable housing task force quarterly to discuss strategies for developing new affordable housing units in Meridian. • Monetarily sponsor the regional fair housing awareness campaign. • Meet monthly with the Meridian Transportation Task Force, the ACHD Capital Improvement Citizen Advisory Committee (ACHD CICAC), the COMPASS Regional Technical Advisory Committee (COMPASS RTAC), and Meridian's Traffic Safety Task Force. • Conduct an internal training for Community Development (CD) staff on fair housing design and construction guidelines. Objective Category: ❑Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21D 24 CFR § 570.206 Type of Recipient C DBG National Objective Entitlement N/A Start Date Completion Date 10/1/2014 9/30/2015 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A The primary purpose of the project is to help: Funding Sources CDBG $3,000 ESG HOME HOPWA Total Formula $3,000 Prior Year Funds Assisted Housing PHA Other Funding Total $3,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 38 2014 Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Meridian Fitness Path Description: Meridian Elementary School (a public school) will utilize funds to design and construct a % mile fitness loop path with scientifically designed stationed based exercises in the school's west field. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area 1035 NW 1" Street, Census Tract 103.22, Block Group 1—Fitness Path location Service area includes Census Tract 103.22, Block Groups 1 & 2 and 103.21, Block Groups 1 & 2 HUD Objective Number Project ID SL 3 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2014 9/30/2015 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility The primary purpose of the project is to help: Funding Sources CDBG $50,000 ESG HOME HOPWA Total Formula $50,000 Prior Year Funds Assisted Housing PHA Other Funding Total $50,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 39 2014 Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Economic Opportunity—Public Facility Project Title: Meridian Community Center Fayade Improvements Description: The City of Meridian Parks and Recreation Department will use the CDBG funding to design and construct fayade improvements to the Meridian Community Center in downtown Meridian. Objective Category: ❑Suitable Living Environment ❑Decent Housing ® Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area 201 E. Idaho Avenue, Census Tract 103.21, Block Group 1 HUD Objective Number Project ID EO -1 HUD Matrix Code CDBG Citation 14E 24 CFR § 570.202(a)(3) Type of Recipient CDBG National Objective Entitlement SBA Start Date Completion Date 10/1/2014 12/30/2015 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility The primary purpose of the project is to help: Funding Sources CDBG $162,000 ESG HOME HOPWA Total Formula $162,000 Prior Year Funds Assisted Housing PHA Other Funding Total $162,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 40 2014 Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Hunger Relief, Meridian Food Bank Description: CDBG funding will assist the Meridian Food Bank in purchasing food and supplies related to their primary function: providing food to individuals and families in need. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Meridian Food Bank, 133 W. Broadway Avenue, Census Tract 103.22, Block Group 2 HUD Objective Number Project ID SL 1 HUD Matrix Code CDBG Citation 05W 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/1/2014 9/30/2015 Performance Indicator Annual Units People 2,000 Local ID Units Upon Completion 2,000 The primary purpose of the project is to help: Funding Sources CDBG $27,000 ESG HOME HOPWA Total Formula $27,000 Prior Year Funds Assisted Housing PHA Other Funding Total $27,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 41 2014 Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Homeless Family Case Management --CATCH Description: CDBG Funding will be utilized by CATCH to pay for staffing costs in order to increase the number of homeless families served in Meridian by this program. CATCH staff will provide intensive case management through a housing -first model for families who have become homeless in Meridian. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area City-wide as applicable HUD Objective Number Project ID SL 1 HUD Matrix Code CDBG Citation 03T 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/1/2014 9/30/2015 Performance Indicator Annual Units Households 5 Local ID Units Upon Completion 5 The primary purpose of the project is to help: Funding Sources CDBG $18,000 ESG HOME HOPWA Total Formula $18,000 Prior Year Funds Assisted Housing PHA Other Funding Total $18,000 ® The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 42 2014 Action Plan Appendix B CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan --It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti - displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace --It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has City of Meridian, Idaho 43 2014 Action Plan designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. City of Meridian, Idaho 44 2014 Action Plan Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. e -c <-- n, cam -7 Signature/Authorized Official Date C' Ro c.w i 2Ez� LUhGk �rnsi rF�o,�j Ac{-,� Ma.[or Title City of Meridian, Idaho 45 2014 Action Plan Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2012, 2013, and 2014, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the City of Meridian, Idaho 46 2014 Action Plan public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint --Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws --It will comply with applicable laws. (f' _ 'ff_f_�_ C) , (Lt 7 12- -Z-W Signature/Authorized Official Date �tx�nc�\ Pres�Aenk/ 4%�-1nG ti-I�.Inr Title City of Meridian, Idaho 47 2014 Action Plan APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 33 E. Broadway Avenue, Meridian, Idaho 83642 Check if there are workplaces on file that are not identified here. City of Meridian, Idaho 48 2014 Action Plan This information with regard to the drug-free workplace is required by 24 CFR part 21. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug - Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Meridian, Idaho 49 2014 Action Plan Appendix C Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application If Revision, select appropriate letter(s) ❑ Preapplication ❑ New ® Application ® Continuation *Other (Specify) ❑ Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employerrraxpayer Identification Number (EINrrIN): *c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Community Development Department f. Name and contact information of person to be contacted on matters involving this application: City of Meridian, Idaho 50 2014 Action Plan Prefix: *First Name: Lori Middle Name: *Last Name: Den Harto9 Suffix: Title: CDBG Administrator Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: Idenhartog@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS City of Meridian, Idaho 51 2014 Action Plan 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2014 *b. End Date: 09/30/2015 18. Estimated Funding ($): *a. Federal $300,091 *b. Applicant *c. State *d. Local City of Meridian, Idaho 52 2014 Action Plan *e. Other *f. Program Income *g. TOTAL 300,091 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. 0.12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 * Email: deweerdt@meridiancity.org *Signature of Authorized Representative: LC 2�� *Date Signed: 2.Z Ct OqJi2't% {or Tamrnj be Wcc- cA City of Meridian, Idaho 53 2014 Action Plan Appendix D Public Notices Idaho Statesman PO Bos 40, Bob, ID•83y0Y�60 LEGAL PROOF OF PUBLICATION 0 unYW UIM YOI Aretuft IM 2525t] 0001085628 LEGAL NOTICE CITY OF 1113 AN WWI 0003 sola Grant 1 $124.73 1 T AtbrWon: LORI DEN HARTOG CITY OF MERIDIAN I RETAIL 33 E BROADWAY AVE STE 306 MERIDIAN, ID 836422618 C0 044 NalFe WIN NOTICE 01 NAUC eFMata Nle warn cwww FE1IMp �Irrw hall 16.2J, Mal Ioasaar JANICE HILDRETH. being duty Sworn, deposes and says That She it this Principal Clerk of The Idaho Statesman, a daily newspaper prima, and published at Boise, Ada County. Stale of Wine and having a general arculabon Herein, ano which said newspaper has been conbnuousty and uninterruptedly published in said County awing a pedad o1 Melee amsecub6e months prior M the Prat publication of the notice, a Copy of wdMch Is allached h+denw 1 szut T.ma 1 W0 Om 1Sop 'rat Atift hS Ending Issue ol, 00232014 (Legals Clerk) STATE OF IDAHO) SS COUNTY OF ADA) On this 23rd day of June in the year t 2014 before mo. a WAY l'ubbq wi,onaly appeared before me Jam Hildreth brown or idemif al to me to be the person whose name subilbibe to He within instrument, and berg tit Mat duly Sw m. delisted that" ataten sus Therein are Ir,e, am acknowledged to me that she aaufed the same. Notary pubic FOR Idisho Re&'&V ab Bcee, kww My Committal saps": L& 020 City of Meridian, Idaho 54 2014 Action Plan Valley Timm P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account C41 "T N',eM')'r"" Identification' II,D4 Pw V,- 1K n'�^•� a`^'A P�'1'�� Address. fis C. F ly ri j wq .S'.t. Run Dates. 04-4 J o6 - -L3 %T ivd ? J LID cn(, r a15�'•(r0 Number Lines �Q Amount 50.O r Attention: Omer l0 S! G 0 CM OIMERIDIAN 1•'r3 'Vi* NOTICE OF PUBLIC HEARINOAND PUBLIC COMMLNr FaeudiD Reprd aff MeelOaa s Caavrany Drtel•P.rnl NM Grout ICMIC) Prap.v Frank ThOnlasOn. OGlllg duly sworn, tlep058s .tet` Lys That he is the Principal Clerk of Ir PERIOD s. a weekly newspaper published at County, State of Idaho: that the said r Prem+. Jr is in general circulation in Me said ne cilrorMmidiaowbmn amrPaua-Pnunemmn Cnmrwniry n. aoDS Dopan_ 'Ada, and in the vicinity of Meridian, mem of liwolnr W urbm Mnrlrymeoe (lnm)Tnied ip.Nico ali un, cny in u. s. Dcpcn- Eagle, and has been uninterruptedly nv". f-ifie-rWlr rrvr mm"Cmmr "1%velopmeoe in -, Grain (CMar"'n, r dr Cirym Brain TM Cit, ...,.a flou ir.nn,vei•o an Jlouu- of d100.01- [kiaber 1. Chaim Ao- ed in said County during a period of 2014. n aroeer I. 1 consecutive weeks prior to the first i notice, a copy of which is atlxhed In endo, m 1-1- ride Mdt IM Cary . auEmil m IfUD to AmuL Ami- PW Intl that the notice was published In ihniilYirrD nor prole- And gall OR, Ciry will wderWe m cryo —?oto. forrooi Aeu- PYn. In Conformity With Section 60-108, da aaoble on! auaaible boramE od'maimw Mdae, n nnEnb,dvxD drviy thinoba, ion. )d9. as amended, for � tlme(s) g Pro•m T'ea. airylhe Pena and enure issue ol5ad paper, and ALL CITITENS ARE INVITED or meM a PWlic nraraN- Tucda). Joh, 2J,]DII. the newspaper proper, and rot in n6:mPM..m Ih Meridien Ciry coax-il(bmNn,Me,dror Ciry NYI. 13 E. Bored. off 2L IN11. and that said notice was published warAwroar.AmidiamliWn.mpear9 dx 201JAmita Ammon PDn. SroctalhlrilRNn JJE B,-dMMB lowingit les' frrnerde'-par) wnndnmilniv.ruaadmuaoramum4Muli.111 M—inx bvi-sialimnnion (`I. _ �� �Db Prem N Ira4ent wxn. Mukim Cry 14U ra • Wodcapped accemNe Ovlq Indi. AmNm Wa' vdi000rrooran9an-ommoddll O MiY km(i09,UM mrlmpairmaeburlrymrc hoilo lal. werlrmm- plcaae c®mm die (}rrCbk n (20tl1 ErE�MJJ. All cilium meY mv,ex ma larriye ae dna plm aid prwrdc ieaimmry.Celiia ,die dM Dlm will4 miWk tum Ib. ria nraY ma. leM allhe Me obit CarylWlaodraf--wry DcdbF lkparwmr.+M-Ne No-a(7,1, o-al-c ('ilt's CDBO wrD siv, nllD;rww ameduvMoyrdbr. ett rid on Ne A PUBLIC COMMENT PERIOD WILL 11 OPEN IROM JUNE la, 3.11 A'1iJ I PLO'S'at�a•^ TRROL'CH Jahr J2. 1911 Drool tion D rrid, all m-rrnvir mould tr add" w'.41 la, 1916 Lou Den Hang n, Ino Crry C-.namiy Dondl -r Depmw-L nm may he — n addmme4 m STATE OF IDAHO) aelab by mal Can ofMvadiau Cammrman' D vlopmud Dopemaea. J) L Broadi o rear M e-. ISS Ave.. sre 102. Meridian ID rJM2, by pnuw: (NM) 8M551J. by fM:12sE1 r916rH, D E B-dwry COUNTY OF ADA) or by a-meJ IdMMr ooNf000roo, ori 3081 rrdidH: sof in the year of 2014 14.11 n r "abnrn. Jima m nm 21.±014 Jots Public, personally appeared 2uw.,,amnii..n rvi Jmr Ib ann n, 2014 )r identified to me, to be the person Baan xowrm- ,,-..-...__ .-- _.. _. .ubscnbed to Me within instrument. _ being by me first 9+11 sworn, declared that Me AM B LIC state ler n are true. antl agknowledged to me Mat sT a1 O : J Ye executed Me same. ,9T ...a e•.�a,.• d eiNt ✓r ........ .. O Fr 10 e r Notary Pudic for Idaho 1 Resq�E—graleB/o1a 7,ID y Commission expires: -7 t.? 11'� City of Meridian, Idaho 55 2014 Action Plan Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7C PROJECT NUMBER: AZ 14-010 ITEM TITLE: ARCHER FARM SUBDIVISION Public Hearing: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District MEETING NOTES Y-kr5-k� A0-VIAk" Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: PP 14-010 ITEM TITLE: ARCHER FARM SUBDIVISION Public Hearing: PP 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Lot on 4.93 Acres of Land in a Proposed R-8 Zoning District MEETING NOTES Lai► Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 22, 2014 ITEM # 7C, D PROJECT NUMBER AZ 14-010 & PP 14-010 PROJECT NAME Archer Farm Sub PLEASE PRINT NAME CITY OF FOR I AGAINST Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7E PROJECT NUMBER: AZ 14-009 ITEM TITLE: CASTLE CREEK SUBDIVISION Public Hearing: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District MEETING NOTES Joni a w �}}2.x�S +V % a S'nr Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: PP 14-009 ITEM TITLE: CASTLE CREEK SUBDIVISION Public Hearing: PP 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Lots and Five (5) Common/Other Lots on 6.58 Acres of Land in the R-8 Zoning District MEETING NOTES 9 APPROVE Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 22, 2014 ITEM # 7E, F PROJECT NUMBER PROJECT NAME PLEASE PRINT NAME CITY CLERKS AZ 14-009 & PP 14-009 Castle Creek Sub FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7G PROJECT NUMBER: FP 14-031 ITEM TITLE: HERITAGE GROVE FP 14-031 Heritage Grove by Green Village Development Located NWC of N. Locust Grove Road and E. Ustick Road Request: Final Plat Approval Consisting of Thirty -Three (33) Single Family Residential Lots and Ten (10) Common Lots on Approximately 6.81 Acres in the R-15 Zoning District MEETING NOTES ����ArsonS APPROW Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: RZ 14-004 ITEM TITLE: CITADEL II SELF-SERVICE STORAGE FACILITY Public Hearing: RZ 14-004 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Request: Rezone of 5.44 Acres of Land from the R-4 (Medium Low -Density Residential District) Zoning District to the C -C Zoning (Community Business District) Zoning District MEETING NOTES '�'I,1� VArso-kj Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: CUP 14-007 ITEM TITLE: CITADEL II SELF-SERVICE STORAGE FACILITY Public Hearing: CUP 14-007 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Drive Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of Thirteen (13) Buildings on Approximately 4.8 Acres of Land in a Proposed C -C Zoning District MEETING NOTES I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 22, 2014 ITEM # PROJECT NUMBER 7H, I RZ 14-004 & CUP 14-007 PROJECT NAME Citadel If Self Service Storage PLEASE PRINT NAME CITY CLERKS FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: July 22, 2014 ITEM TITLE: SHALLOW CREEK ITEM NUMBER: PROJECT NUMBER: AZ 1 Public Hearing: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District MEETING NOTES 1�1 AJC' r n A Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7K PROJECT NUMBER: PP 14-008 ITEM TITLE: SHALLOW CREEK Public Hearing: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District MEETING NOTES Con-��Vnyeol -}-o S,119 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7L PROJECT NUMBER: CUP 14-005 ITEM TITLE: SHALLOW CREEK Public Hearing: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District MEETING NOTES CO r -.J,, YX Q QA +0 $ / t `l Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 22, 2014 ITEM # 7,11 K, L PROJECT NUMBER AZ 14-008, PP 14-008 & CUP 14-005 PROJECT NAME Shallow Creek PLEASE PRINT NAME JUL 2 2 2014 FOR I AGAINST Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 7M PROJECT NUMBER: PP 14-007 ITEM TITLE: TIMBERGROVE Public Hearing: PP 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Preliminary Plat Approval of Twenty (20) Buildable Lots and Three (3) Common Lots on Approxmately 4.28 Acres in the C -G Zoning District MEETING NOTES � 1 0 To,`-SonS A04 APPROVED ( S4tve- A) Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM TITLE: TIMBERGROVE ITEM NUMBER: PROJECT NUMBER: CUP 14-006 Public Hearing: CUP 14-006 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eighty (80) Dwelling Units (20 Four-Plexes) on Approximately 4.28 Acres in the C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: JuIV 22, 2014 ITEM TITLE: TIMBERGROVE ITEM NUMBER: PROJECT NUMBER: MDA 14-007 Public Hearing: MDA 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Amend the Recorded Development Agreement for the Purpose of Excluding the Property AND Creating a New Development Agreement to Govern the Proposed Timbergrove Subdivision MEETING NOTES 0 1 1, 1 �, � J AM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 22, 2014 ITEM # 7M, N, O PROJECT NUMBER PP 14-007, CUP 14-006 & MDA 14-007 PROJECT NAME Timbergrove PLEASE PRINT NAME JUL CITY CLERKS 2014 FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: ADOPTION OF TENTATIVELY PROPOSED REVENUESIEXPENDITURI Adoption of the Tentatively Proposed Revenues and Expenditures for Fiscal Year 2015 for the Amount of $93,757,229 MEETING NOTES 9 PPROO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF AMENDED REVENUES/EXPENDITURES Approval of the Amended Revenues and Expenditures for Fiscal Year 2014 in the Amount of $91,485,197 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22. 2014 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT Legal Department: Agreement for Professional Services with Corbett Auctions and Appraisals, Inc. MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 0;�) day of July, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Corbett Auctions and Appraisals, Inc., hereinafter referred to as "CORBETT", whose business address is P.O. Box 191261, Boise, Idaho 83719. INTRODUCTION WHEREAS, the CITY has a need for professional auctioneer services; and WHEREAS, CORBETT is specially trained, experienced and competent under the laws of the State of Idaho to perform, and has agreed to provide, such auctioneer services. NOW THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. CONTRACT: CITY hereby contracts with CORBETT, as an independent contractor for auctioneer services to sell firearms to the highest bidder on behalf of CITY. The location of the auction will be at the premises of the Ada County Sheriff's Office, Ada County, Idaho, or other place mutually agreed upon by the parties, o n A u g u s t 14, 2 0 14, o r at a time and date mutually agreed upon by the parties. 2. CONTRACT AMOUNT: CITY agrees to pay CORBETT the following commissions: a. Commission Charged to CITY: 20%. b. Buyers Premium: 10%. c. Setup Fees: $0.00 3. CORBETT'S OBLIGATIONS: CORBETT agrees as follows: a. To conduct an auction of firearms on behalf of the City of Meridian, at the offices of the Ada County Sheriff's Office, as described herein. b. To provide statutory notice of said auction. c. To verify that any purchaser at the auction has a valid Federal Firearms License. d. CORBETT is not responsible for collecting on insufficient funds of any nature. PROFESSIONAL SERVICES AGREEMENT TO HIRE AUCTIONEER SERVICES - PAGE 1 4. CITY'S OBLIGATIONS: CITY agrees as follows: a. To certify that it is in lawful possession and custody of the firearms to be sold pursuant to this Agreement and that it has good title, right to sell said firearms under the laws of the State of Idaho, and that said items are free from all encumbrances. b. Accept all responsibility for providing merchantable title and for delivery of title to the purchaser. c. Assume, at all times, risk of loss or damage of any items auctioned. d. To allow at least ten (10) banking days for settlement on all personal property. 5. INDEPENDENT CONTRACTOR: The parties agree that Kent Corbett is the General Manager of CORBETT, which is an independent contractor of CITY and in no way an employee or agent of CITY and not entitled to workers compensation or any benefit of employment with the CITY. Neither CORBETT, nor anyone employed by it, shall represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of CITY. CITY shall have no control over the performance of this Agreement by Kent Corbett or CORBETT, except to specify the time and place of performance, and the results to be achieved. CITY shall have no responsibility for security or protection of CORBETT's supplies or equipment. As an independent contractor, CORBETT shall be solely responsible for payment of wages, all federal and state withholding taxes, liability insurance, and such compensation insurance and such other obligations as are the legal responsibility of an employer. 6. INDEMNIFICATION AND INSURANCE: a. CORBETT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CORBETT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. b. CORBETT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follows: Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CORBETT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by CORBETT or CORBETT's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. c. CORBETT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CORBETT's compliance with the requirements of this paragraph and file such PROFESSIONAL SERVICES AGREEMEN'C TO HIRE AUCTIONEER SERVICES - PAGE 2 proof of insurance with the CITY at least ten (10) days prior to the date CORBETT begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CORBETT shall immediately submit proof of compliance with the changed limits. d. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. e. CITY agrees to indemnify, defend, and hold harmless CORBETT, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of CITY, CITY's agents, employees, or representatives under this Agreement. 7. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 8. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Idaho. All actions at law or in equity arising out of or in connection with this Agreement shall be brought exclusively in the courts of the State of Idaho. 9. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination of this Agreement. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on this day of July, 2014. ATTEST: City of CORBETT AUCTIONS AND APPRAISALS, INC. /Iirev_xe�Ze Ke rbe neral Manager THE CITY OF MERIDIAN C'Cc /t , (L�,� Tammy -&e Weerd, le "&r '�WlklC Rovn}Y-e2, CoVnc.k k>rCStde,v_ D"o Ja)kee L�*.--,GALherk "y. S fPe�/!e TRIO P PROFESSIONAL SERVICES AGREEMENT TO HIRE UCTIONEER SERVICES -PAGE 3 Meridian City Council Meeting DATE: Julv 22, 2014 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Legal Department: Resolution No. 4' ��� A Resolution Setting Forth Certain Findings and Purposes to Authorize Sale at Public Auction of Firearms in Custody of the Meridian Police Department due to Abandonment, Impound, Leaving, or Release from Attachment. MEETING NOTES X111 NaYL,I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION J — 100 t BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO AUTHORIZE SALE AT PUBLIC AUCTION OF FIREARMS IN CUSTODY OF THE MERIDIAN POLICE DEPARTMENT DUE TO ABANDONMENT, IMPOUND, LEAVING, OR RELEASE FROM ATTACHMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Police Department has in its custody twenty (20) firearms as described in the Meridian Police Department Memorandum and Asset Information List, attached hereto as Exhibit "A", and WHEREAS, the firearms having come into the possession or custody of the Meridian Police Department by reason of same having been abandoned, impounded, or otherwise left, and/or lawfully released or discharged from the attachment or other process; and WHEREAS, the firearms having remained abandoned or unredeemed by the owner or one entitled to possession thereof for more than six (6) months from the date of such abandonment, impoundment, leaving, or release from attachment or other process under which they were originally taken into custody; and WHEREAS, neither the City of Meridian nor the Meridian Police Department have an interest in converting the abandoned or unclaimed firearms for official law enforcement; and WHEREAS, the City of Meridian desires to sell the abandoned or unclaimed firearms by public auction to licensed firearm dealers pursuant to Idaho Code. section 55-403; and WHEREAS, Corbett Auctions and Appraisals, Inc. is qualified under state law and experienced in selling abandoned or unclaimed firearms to the highest bidder at a public auction to licensed firearm dealers; and WHEREAS, City Council authorized the Mayor on July 22, 2014 to enter into a Professional Services Agreement with Corbett Auctions and Appraisals, Inc., to provide the necessary auctioneer services to sell the firearms, a copy of which is attached hereto as Exhibit "B» Resolution Authorizing Sale of Firearms in Custody of MPD at Public Auction by and through Corbett Auctions and Appraisals, Inc. Page I of 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the abandoned or unclaimed firearms as described in Exhibit "A", attached hereto, shall be sold at public auction pursuant to Idaho Code section 55-403 and any other applicable laws. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2014. ADOPTED by the City Council of the City of Meridian, Idaho, this 6Q day of July, APPROVED by the Mayor of the City of Meridian, Idaho, this -%�' day of July, 2014. APPROVED: ATTEST: 9 City Of CGc 2�_ E IDIAN y IDPIID Tammy& WPPWI Mayor Ja 1 L1 i�0.�"IiC. Olwrt4r22i lovr�G\ 'Dr2S�ciu��t- ' ryr SEAL. ap FR OT iBe T0.E AS�gc Resolution Authorizing Sale of Firearms in Custody of MPD at Public Auction by and through Corbett Auctions and Appraisals, Inc. Page 2 of 2 EXHIBIT "A" MERIDIAN POLICE DEPARTMENT MEMORANDUM AND ASSET INFORMTION LIST 0 _2 Of O Z) U)//J�/� 0 a F) m 41 >E a�yyyy popi� o� eE_°m�vffi a Q .O C N 6•p� 46 N o S � �NN.� o M a p d 8 y 0 C mo o� 3 'S $g c'O acE 49 a� C m N G c R oQa t,1;2 M W O � �•�C�r. r°oEo VedwUOOWovici Z C O N 12 p N u1 oo V' O M m o 1D m o N N N 1D H Lr) Ohl H N 00 H 00 m 1D N 1D M h h n UD O M m W m OTmmMM wnq„q'Qpm,vr 1 mm o E .I' 6 4 6 A' oo co m�h m m lz. n lD u p� H 0 0 0 0 0 0 0 0 0 o m m co m m �+ s z z z c#c C w z s w w a z s a w a w w 'w^ 0 0 0 0 0 0 0 a 0 o o 0 0 u Lnm a ^ N N n M G; sF n O w m M co O N H co n N \ Q O Vl tl' H M H 0 0 0 N n 1D H O n N m h m n N m d' H n m 0 1D 1D W !i H 1!1 O m 1A N O 1D H 1D Lm 111 h h 2 w 1p g b N uoi N lD T Ln Q- N .10-1 N M 'cOd' m O tMp h a; H to n o m lD CJ M 1D M H m 3 ai L :.. y �s C � � t0 00 1^D U w w O V O w m }w c c¢ no c a c E na > G m n z'm .� co a N a N E w E VI = N O 1n ¢ t3o E C y M u ° 3 °o c n ° < 3 g 0 Oh Z_m > O ` � D E E m��'+ Q awl .M1 w 3'H w E `w wLa `myr°0nv E o o m u ° 3° cu N ry U 7 m w w O t'i > w Q v ` w y 0 o a m w u y a 11° t a w .o c° 5•°m, o `c m c E n. m m u c v D rn fin' v U C i c C H Z r Cp v°i iy a oc N b0 D co of i= we. Y L agE 0 yw o c tw w M K i1 0' K 49_;tFE 1 a K W a J K C VI V1 .'y H H H H H H H H H H H H H H H H H H H H Q CH EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Selection of Date and Discussion Regarding a Joint Meeting with City of Kuna in Regards to South Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: 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-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 22, 2014 ITEM NUMBER: 5L PROJECT NUMBER: �t�m ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 MEETING NOTES M"" APPROVED "Ovea +o 4,_0 \\ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mark Niemeyer Date: 7/14/2014 Re: July 22nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 22"d City Council Consent Agenda for Council's consideration. Approval of Professional Services Agreement for "City Wide Strategic Plan" to Leadership Advisors, Inc. for a Not -To -Exceed amount of $53,250.00. Recommended Council Action: Approval of Professional Services Agreement to Leadership Advisors, Inc. for the Not -To -Exceed amount of $53,250.00. Thank you for your consideration. 0 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES CITY WIDE STRATEGIC PLAN PROJECT NUMBER 10502 . d aa. THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of July, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Leadership Advisors. Inc., hereinafter referred to as "CONSULTANT", whose business address is 2214 Tawny Woods Place, Boise ID 83706. INTRODUCTION Whereas, the City has a need for services involving Professional Planning Services : and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. CITY WIDE STRATEGIC PLAN Page t of 10 PROJECT NO. 10502 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Not to Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -to -Exceed amount of $53,250.00. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, or unless sooner terminated CITY WIDE STRATEGIC PLAN Page 2 of 10 PROJECT NO. 10502 as provided below or unless some other method or time of termination is listed in Attachment A. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow, General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a CITY WIDE STRATEGIC PLAN Page 3 of 10 PROJECT NO. 10502 Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@ merioi ancifv, org CONSULTANT Leadership Advisors Inc. Attn: Phil Eastman II 2214 Tawny Woods Place Boise, ID 83706 Phone: (208) 344-0471 Email: phil(!E?leadershipadvisors.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and CONSULTANT shall not have the right any of its rights under this Agreement consent of CITY. CITY WIDE STRATEGIC PLAN PROJECT NO. 10502 understood by the parties hereto, that to assign, transfer, hypothecate or sell except upon the prior express written Page 4 of 10 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of tour (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this CITY WIDE STRATEGIG PLAN Page 5 of 10 PROJECT NO. 10502 Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure_ The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the CITY WIDE STRATEGIC PLAN Page 6 of 10 PROJECT NO. 10502 '*N, Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 21. Confidentiality: Consultant understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Consultant agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN LEADERS P DVISO S, INC. BY: Lc C n , 2t BY: TA AYOR Phil Eastman II G' R0 L,(& R F –r– Dated: Dated: -7 1�� O�Pg6D AUCUS\ Approved by Council: 22 G r= city of Attest: Ek1?1A1 Purchasing Approval BY.- KEITH-WA-FTS, :KEITH A S, Purdh-asIn6 Manager Dated:: 7�/ A1// i-/ CITY WIDE STRATEGIC PLAN PROJECT NO. io5o2 Dated: ?– S —// Departure t pp va BY: Mark e im y� , Fire Chief Dated:: 4 Page 7 of 10 Attachment A SCOPE OF WORK The Scope of Work listed below shall accomplish the following goals: • Develop organizational goals • Clarify leadership roles related to strategic plan development and implementation • Clarify the connection between strategic planning and other City business systems. • Develop leadership unity. • Improve the effectiveness of the City's leadership. • Create a City Wide Strategic Plan The resulting Strategic Plan shall document the City's shared strategic direction and major goals. In addition to creation of the Strategic Plan, the Consultant shall develop the capabilities of the City's leadership team to effectively lead the execution of the resulting strategic plan. TASK 1 — PREPARATION • Interview Key Leaders • Compilation of existing strategy components • Formation of the Strategic Planning Team • Creation of the planning session agendas Deliverables: • Report containing the results of the Dimensional Strategy Framework Strength Assessment. TASK 2 — DIRECTION • One full day planning session to determine the City's direction. • One full day of strategy sessions with the City Council. • Adoption of strategy role descriptions. • All preparation and follow-up time. CITYWIDE STRATEGIC PLAN Page 8 of 10 PROJECT NO. 10502 Deliverables: • A report containing a draft of the City's direction for Council review. • A copy of the Dimensional Strategy for each Planning Team Member. TASK 3 — ALIGNMENT • Up to three full-day sessions to develop the City's strategic goals (goals to be objective and tangible and present a clear and convincing path forward for the City). • Preparation and follow-up. • One full-day change engagement session with City leadership to prepare for plan execution. • Articulation of the Strategic Plan's connection to the budget process. • One full-day session with the Department Directors to help integrate the City's Strategic Plan into Departmental Plans (to help ensure attainment of the City's Strategic Goals). Deliverables: • Strategic plan reporting structure. This reporting structure shall be designed to assure implementation of the Strategic Plan and accountability of the City's leadership. • Draft Strategic Plan submitted to Council for their review and approval to move forward. TASK 4 — EXECUTION • Up to eight half-day sessions to detail the actions associated with the strategic goals. • Preparation and follow-up for each session. Deliverables: • A draft strategic plan for review, refinement and adoption. • Twenty-five bound hard copies of the final Strategic Plan. CITY WIDE STRATEGIC PLAN Page 9 of io PROJECT NO. 10502 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $53,250.00. TASK DESCRIPTION AMOUNT Task 1 Preparation $5,250.00 Task 2 Direction $12,000.00 Task 3 Alignment $20,000.00 Task 4 Execution $16,000.00 TOTAL $53,250.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy and only if listed above in the Scope of Work and Payment Schedule. CITY WIDE STRATEGIC PLAN Page 10 of 10 PROJECT NO. 10502