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2019-03-19 C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, M ar ch 19, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt O Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by L arry Woodar d of Ten M ile C hr istian C hurch 4. Adoption of Agenda Adopted as amended 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved as noted A. Approve M inutes of F ebruary 21, 2019 J oint M eeting with City Council and Planning and Zoning C ommission B. Approve M inutes of M arch 5, 2018 C ity C ouncil Regular M eeting C. S tonemont S ubdivision No. 1 S anitary S ewer and Water M ain E asement D. S undance Shell and Core Water M ain E asement Vacated from agenda E. T M C rossing S ubdivision Water M ain E asement #1 F. Ver ado S ubdivision No. 3 S anitary S ewer E asement G. F inal P lat for O aks North S ubdivision No. 1 (H-2019-0014) by Toll S outhwest LLC , L ocated on the Nor th side of W. M cM illan Rd. midway between N. M c D ermott Rd. and N. Black C at Rd. H. F inal P lat for F airbour ne S ubdivision No. 1 (H-2019-0017) by F airbourne D evelopment, LLC , L ocated at 6745 N. Black C at Rd. I. F inal P lat for F airbour ne S ubdivision No. 2 (H-2019-0015) by F airbourne D evelopment, LLC , L ocated at the NW corner of N. Black C at Rd. and W. Chinden B lvd. J. F inal Order for B icentennial F arm S ubdivision No. 3 (H-2019-0018) by Toll I D I, LLC, L ocated at 3880 E. L ake Hazel Rd. K. F inal Order for T hird S tr eet S quare S ubdivision (H-2019-0009) by T renten S eltzer, L ocated at 324 NE 3r d S t. L. F indings of F act, C onclusions of L aw for E agle C ommons at O verland (H-2019-0016) by J ames E. K issler, LLC , L ocated Nor th of E . O ver land Rd. and E ast of S . E agle Rd. M. F indings of F act, C onclusions of L aw for Rackham S ubdivision (H- 2019-0005) by B VA D evelopment, L ocated at 1020 S. E agle Rd. N. Addendum to D evelopment Agreement for E ast Ridge E states (H- 2017-0129) with C 15 LLC and C 4 L and LLC (O WNE RS ) and D ev C o LLC (D EVE L O PER) located north of E . L ake Hazel Road, west of S . E agle Road, in the southeast 1/4 of S ection 32, Township 3 N., Range 1 E . O. Approval of P O # 19-0267 for M onthly Shooting Range M ember ship for S worn O fficer s for the Not-to-E xceed amount of $58,999.92. P. Approval of C ontr act to C ougar E xcavation, LLC for the “Water M ain E xtension at Victor y & Ten M ile” project for a Not-To-E xceed amount of $1,151,519.56. Q. Acceptance of F Y 2018 Audit Repor t R. AP I nvoices for P ayment 03/11/19 - $625,205.03 S. AP I nvoices for P ayment 03/13/19 - $24,308.07 T. AP I nvoices for P ayment 03/20/19 - $2,877,407.90 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. P olice D epartment: Introductions of K -9 Units 9. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. P ublic Hearing for Proposed Vehicle Immobilization (Booting) O rdinance Approved 1. Third Reading of O rdinance No. 19-1815: A n O rdinance A dding A New Chapter, Chapter 3, To Title 3, Meridian C ity Code, R egarding Vehicle I mmobilization: Definitions, Vehicle I mmobilization L icense, Vehicle I mmobilization R egulations, P rohibited A cts, A nd P enalty; A dopting A S avings Clause; A nd P roviding A n E ffective Date. B. Request for Reconsideration for L inder Village (H-2017-0088) by P rotect M eridian Request denied C. Request for Reconsideration for L inder Village (H-2017-0088) by Neighbor s for a B etter L inder Village Request denied D. M odified F indings of F act, C onclusions of L aw, and D ecision and O rder for T imber C r eek Recycling (H-2018-0042) by M ichael M ur goitio, located at 7965 S . L ocust Grove Rd. Approved E. P ublic Hearing for Alpina Townhouse (H-2018-0090) by A Team Consultants, L ocated NE of W. Ustick Rd. and N. L inder Rd. Continued to April 23, 2019 1. R equest: P reliminary P lat consisting of 15 multi-f amily building lots and 7 common lots on 3.99 ac res; and 2. R equest: Conditional Use P ermit F or a multi-family development consisting of 60 multi-family residential units within 15 multi-f amily structures on 3.99 acres of land in an existing C -C zoning district; and 3. R equest: Modification of an E xisting D evelopment A greement to change an existing development agreement to change the previously approved concept plan with a new concept plan F. P ublic Hearing for Razzberry Villas (H-2018-0130) by E d B owman, L ocated 1434 and 1492 S tar D r. Approved 1. R equest: Rezone of 1.86 ac res of land f rom the R-8 and L -O zoning district to the R -15 zoning dis trict; and 2. R equest: P reliminary P lat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed R -15 zoning district G. P ublic Hearing for S ummer wood (H-2019-0001) by M att M unger, L ocated L ocated on the N. Side of W. M cM illan Road between N. Black C at Road and N. Ten M ile Road Approved 1. R equest: D evelopment A greement Modif ication for the purpose of combining/terminating four (4) rec orded developments [D A I nstrument #’s 106034786 (Volterra), 108087854 (P rato Villas), 111010393 (Volterra North and S outh) and 110051282 (Volterra Mixed-use)] to c reate one new master agreement that governs the entire Vicenza/Volterra development. 10. D epar tment Reports A. M ayor's O ffice Annual D epar tment Report B. P arks and Recr eation D epartment: M eridian Youth B aseball/S oftball Agreement for Turf Renovator [Action Item] Approved C. P arks and Recr eation D epartment: Tur f Renovator B udget Amendment Not to E xceed $12,995 (Net Zer o) [Action Item] Approved D. P ublic Works: WRRF Headwor ks Upgr ades with O dor C ontrol Budget Amendment Not to E xceed $481,546 [Action Item] Approved 11. O rdinances [Action I tems] A. O rdinance No. 19-1818: An O rdinance Adding A New C hapter, Chapter 3, To T itle 8, M eridian City C ode, Regarding Vehicle S haring P rograms; Amending M eridian C ity Code S ection 4-2-2, Regarding P arty Responsible F or Nuisance; Adding A New S ection, M eridian City C ode S ection 7-1-9, To T itle 7, C hapter 1, M eridian City C ode, Regarding E lectr ic P ower-Assisted B icycles And S cooter s; Adding A New S ubsection, S ubsection 7-1-9(F ), To M eridian City C ode S ection 7-1-9, Regar ding P rohibited P arking; Adopting A S avings C lause; And P r oviding An E ffective D ate Approved 12. F uture M eeting Topics Adjourned at 8:33pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 19, 2019. A Meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, March 19, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Genesis Milam Also present: C.Jay Coles, Bill Nary, Bill Parsons, Clint Dolsby, Shawn Harper, Berle Stokes, Joe Bongiorno, Robert Simison, Vincent Koontz, Kaycee Emery, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X___ Ty Palmer X__ Treg Bernt _______Genesis Milam _X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Thank you for your patience. We appreciate you joining us here this evening. For the record it is Tuesday, March 19th. It's a few minutes after 6:00. I better put on my glasses. Oh, it's five minutes after 6:00. Mr. Clerk, will you, please start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. is our Pledge of Allegiance. If you will rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church De Weerd: Item 3 is our community invocation. Well, there he is. Larry Woodard with the Ten Mile Christian Church is here to lead us. If you will, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Woodard: Thank you. Thank you, Mayor. De Weerd: Thank you for joining us, Larry. Woodard: Our Dear Heavenly Father, we pause before our Council meeting tonight to ask for your oversight of these proceedings. Give each of the Council Members and the Meridian City Council Meeting Agenda April 2, 2019 – Page 6 of 395 Meridian City Council March 19, 2019 Page 2 of 48 Mayor wisdom tonight as they take up city business. We also pray tonight for the safety of our police and firemen as we witness the slow rise of crime that comes with a city of 106,000 people. Keep them safe in their daily patrols and fire runs. We thank you for the steps being taken to make our city a better place to live. We rejoice in the groundbreaking for a new fire station in the south of town. We see roadwork is progressing on Locust Grove. Costco will soon be coming to Ten Mile and Chinden to add food services to that corner of town and Winco is thinking about doing it in the east. We pray tonight for the youth of this city. We thank you that our Mayor has put an emphasis on youth and it seems to be paying off . Tonight we glance at our agenda and we see several items of general interest. We pray that the Council considers all comments and makes decisions that are sound and positive. Lastly I pray for the health and the families of each Council Member, along with the Mayor and you will watch over them and keep them well, in Jesus' name, amen. Item 4: Adoption of Agenda De Weerd: Thank you, Larry. Item 4 is the adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A couple of changes. Item 6-D on the Consent Agenda can be removed. It's the same as 6-C. It's just a duplicate. And, then, not a change, but just a heads up that Item 9-E is going to be -- there is a request to continue that. So, it will stay on the agenda, but it will be requested to be continued. So, with that one change on the Consent Agenda I move that we adopt the agenda. Cavener: Second. Borton: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Mr. Clerk. Coles: Thank you, Madam Mayor. No signups this evening. Item 6: Consent Agenda [Action Item] A. Approve Minutes of February 21, 2019 Joint Meeting with City Council and Planning and Zoning Commission Meridian City Council Meeting Agenda April 2, 2019 – Page 7 of 395 Meridian City Council March 19, 2019 Page 3 of 48 B. Approve Minutes of March 5, 2018 City Council Regular Meeting C. Stonemont Subdivision No. 1 Sanitary Sewer and Water Main Easement E. TM Crossing Subdivision Water Main Easement #1 F. Verado Subdivision No. 3 Sanitary Sewer Easement G. Final Plat for Oaks North Subdivision No. 1 (H-2019-0014) by Toll Southwest LLC, Located on the North side of W. McMillan Rd. midway between N. McDermott Rd. and N. Black Cat Rd. H. Final Plat for Fairbourne Subdivision No. 1 (H-2019-0017) by Fairbourne Development, LLC, Located at 6745 N. Black Cat Rd. I. Final Plat for Fairbourne Subdivision No. 2 (H-2019-0015) by Fairbourne Development, LLC, Located at the NW corner of N. Black Cat Rd. and W. Chinden Blvd. J. Final Order for Bicentennial Farm Subdivision No. 3 (H-2019- 0018) by Toll ID I, LLC, Located at 3880 E. Lake Hazel Rd. K. Final Order for Third Street Square Subdivision (H-2019-0009) by Trenten Seltzer, Located at 324 NE 3rd St. L. Findings of Fact, Conclusions of Law for Eagle Commons at Overland (H-2019-0016) by James E. Kissler, LLC, Located North of E. Overland Rd. and East of S. Eagle Rd. M. Findings of Fact, Conclusions of Law for Rackham Subdivision (H-2019-0005) by BVA Development, Located at 1020 S. Eagle Rd. N. Addendum to Development Agreement for East Ridge Estates (H-2017-0129) with C15 LLC and C4 Land LLC (OWNERS) and DevCo LLC (DEVELOPER) located north of E. Lake Hazel Road, west of S. Eagle Road, in the southeast 1/4 of Section 32, Township 3N., Range 1E. O. Approval of PO # 19-0267 for Monthly Shooting Range Membership for Sworn Officers for the Not-to-Exceed amount of $58,999.92. P. Approval of Contract to Cougar Excavation, LLC for the “Water Main Extension at Victory & Ten Mile” project for a Not-To - Exceed amount of $1,151,519.56. Meridian City Council Meeting Agenda April 2, 2019 – Page 8 of 395 Meridian City Council March 19, 2019 Page 4 of 48 Q. Acceptance of FY2018 Audit Report R. AP Invoices for Payment 03/11/19 - $625,205.03 S. AP Invoices for Payment 03/13/19 - $24,308.07 T. AP Invoices for Payment 03/20/19 - $2,877,407.90 De Weerd: Okay. Thank you. Item 6 is under our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With the removal of 6-D, I move that we approved the Consent Agenda as published and for the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Police Department: Introductions of K-9 Units De Weerd: So, we will move into Item 8 -A, which is under community presentations and we have our police department with us to introduce our K-9 officers. Stokes: Thank you, Mayor and Members of Council for inviting us for a meet and greet and we will keep it brief, because we know you guys have a lot of stuff going on. We have three of our five dogs here. So, the unit currently has five dogs. Four dual purpose dogs, three of which are right here, and, then, we have one single purpose dog and I think you can see Dory here. I will introduce the ones that are here first. So, Dory is our oldest dog. She is eight, almost nine, and we have had her since she was two. She was a Meridian City Council Meeting Agenda April 2, 2019 – Page 9 of 395 Meridian City Council March 19, 2019 Page 5 of 48 rescue from a humane society type place up in the -- I think the Hailey area. So, she's been with us the longest and she's a drug dog and she's -- this is her last year she's going to be retiring. The second dog -- and her -- and her handler couldn't be here with her, because he's welcoming a new baby to the world. The next one that that's up on the screen is Randy and he's one of our dual purpose dogs. He is four and a half, five years old. He's dual purpose like I said. So, drugs and criminal apprehension. He -- his handler couldn't be here either, he had a kiddo to take care of tonight. The three you have here -- we will start over here. This is -- these are three that are dual purpose. All three of these dogs we have had since the fall of 2017. Gus is dual purpose, so drugs and apprehension. Wyatt, drugs and apprehension. And Arco -- and I guess I shouldn't forget their handlers. De Weerd: Yeah. I was going to say something. Stokes: Officer Marsten. This is our K-9 Sergeant Brandon Frazier and, then, Brian Albert's down here on the end and their breeds -- so, Randy is a -- Randy, Gus and Wyatt are Belgian Malinois. Arco is a Shepherd. And Dory is pretty obvious, she's -- your good family yellow lab. So, the tasks these dogs do for us are, obviously, finding drugs. They find meth, marijuana, heroin and cocaine. And, then, they help us when we are trying to catch bad guys that don't want to cooperate and these -- these dogs go forward of the officers and help us locate those guys and keep the officers safe. So, they do a great job and we would stand for any questions. De Weerd: Thank you, Lieutenant Stokes. Council, any questions? I think Dory was at Councilman Bird's memorial chewing up a ball probably in about 15 minutes. Stokes: Sounds like Dory. Yes. De Weerd: Yeah. Questions from Council? Thank you. It's been a long time since we have seen our K-9 officers and -- and the officers that -- that care for them as well. So, thank you for joining us. Stokes: We appreciate your support. Thank you. De Weerd: And -- and, as you know, Lieutenant Stokes, this was Council Member Bird's favorite program. Stokes: Yes. De Weerd: And so it seems like it was time. Stokes: There may be a dog in the future named Bird. De Weerd: That would be awesome. Yeah. Stokes: Thank you very much. Meridian City Council Meeting Agenda April 2, 2019 – Page 10 of 395 Meridian City Council March 19, 2019 Page 6 of 48 De Weerd: Thank you. Okay. We will move to action items and I will note that Item 9-E has been requested to continue and even if you're here tonight we cannot hear it, because the site was not properly posted, which prohibits us from hearing this -- this item. So, as we look at our public hearing process, we do have -- with the public hearings we ask staff to make comments regarding the application. There is an applicant . The applicant, then, comes forward and they have 15 minutes to present their project to City Council and, then, answer any preliminary questions that City Council might have. It's, then, the public comment part of our meeting that is a three minute limit on public testimony. There is a clock on the podium on the screen, so you can see when your three minutes are up. If you're not done when the three minute timer goes off I will ask you to summarize. Then the applicant comes back after all public testimony is taken and they answer any questions that might have come up or make any closing remarks and are available for City Council questions. So, at that time Council, then, deliberates on how to move forward with that particular application. And I will note that Council does have a lot of information coming into this hearing, both the Planning and Zoning meeting, as well as the public record, which is all the written testimony, all agency comments, staff reports, et cetera. Item 9: Action Items A. Public Hearing for Proposed Vehicle Immobilization (Booting) Ordinance 1. Third Reading of Ordinance No. 19-1815: An Ordinance Adding A New Chapter, Chapter 3, To Title 3, Meridian City Code, Regarding Vehicle Immobilization: Definitions, Vehicle Immobilization License, Vehicle Immobilization Regulations, Prohibited Acts, And Penalty; Adopting A Savings Clause; And Providing An Effective Date. De Weerd: So, with that said I will go ahead and open the public hearing for the proposed vehicle booting ordinance and this is a second reading or is this the third? Third reading. Mr. Clerk, will you, please, read this by title. Coles: Thanks you, Madam Mayor. City of Meridian Ordinance No. 19-1815: an ordinance adding a new chapter, Chapter 3, to Title 3, Meridian City Code, regarding vehicle immobilization: Definitions, vehicle immobilization license, vehicle immobilization regulations, prohibited acts, and penalty; adopting a savings clause; and providing an effective date. De Weerd: You have heard the public -- you have heard the reading of this ordinance. Is there any public who wishes to testify on this item? Okay. Council, you have heard all three readings of Ordinance 19-1815. What is your pleasure? If you have all the information you need, I would entertain a motion to close the public hearing. Borton: Madam Mayor? Meridian City Council Meeting Agenda April 2, 2019 – Page 11 of 395 Meridian City Council March 19, 2019 Page 7 of 48 De Weerd: Mr. Borton. Borton: Move that we close the public hearing regarding Ordinance No. 19-1815. Little Roberts: Second. De Weerd: I have a motion and a second close the public hearing an Item 8-A. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There has been a lot of good work both from our law enforcement and legal department, as well as the community that's involved trying to address this issue and some of the contractors themselves I think has led to the development of a really strong ordinance that's going to benefit the community. So, I think it's appropriate in my mind to take action now and I would move that we approve Ordinance No. 19-1815. Bernt: Second. De Weerd: I have a motion and a second to approve Ordinance 19-1815. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Request for Reconsideration for Linder Village (H-2017-0088) by Protect Meridian C. Request for Reconsideration for Linder Village (H-2017-0088) by Neighbors for a Better Linder Village De Weerd: Item 9-B is a request for reconsideration for H-2017-0088. Mr. Nary, who is taking this? Nary: Thank you, Madam Mayor, Members of the Council. I apologize, did you open B and C, Madam Mayor? De Weerd: No, I didn't. Meridian City Council Meeting Agenda April 2, 2019 – Page 12 of 395 Meridian City Council March 19, 2019 Page 8 of 48 Nary: So, there are two requests for reconsideration before you. You can handle them together. You do have the request for reconsideration from two different parties to the Linder Village project. You also have a response to that. That should be in your packet as well from the applicant. De Weerd: Council, do you want to hear both of these at the same time? Okay. Nary: So, as is our ordinance process, Council, at this juncture what is being requested was a reconsideration of your earlier decision. At this point you r -- if you have clarifying questions you need -- otherwise, there is no testimony that's presented. In a reconsideration you at this point can either uphold the decision that was made and deny the request, you can grant the request and we would, then, reset it for another hearing. Or, thirdly, you can recommend us do something different , whether you want changes to the findings or changes to something else that are inconsistent with your approval of you can direct that. So, those are the three options before you to handle this matter and, again, you can handle both of these together. We recommend whatever motions you make to make sure you do both of the requests for reconsideration. De Weerd: Thank you, Mr. Nary. Mr. Nary, on process, we will only ask for comments from each of the requesters if there is questions from Council; correct? Nary: Yes, ma'am. Yeah. Otherwise there would be no testimony, just a quick -- if you had a question. De Weerd: I just wanted to make sure that was clarified. Nary: Thank you. De Weerd: Council, any questions for our Council or the requestees on both Item 9-B and C? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: No questions, but -- but I had noted earlier when the application was first brought forth that I had a conflict. I had recused myself at that time. While there is not a legal conflict now, I'm going to just stay the course, I'm going to abstain from participating in the request for reconsideration. It just seems to be best to be consistent and continue to stay detached from this and I will be abstaining from the discussion and vote. De Weerd: Thank you, Mr. Borton. Council, any discussion? Cavener: Madam Mayor? Meridian City Council Meeting Agenda April 2, 2019 – Page 13 of 395 Meridian City Council March 19, 2019 Page 9 of 48 De Weerd: Mr. Cavener. Cavener: If there is no discussion from Council on that I will make a motion. De Weerd: Okay. Cavener: While I was not supportive of the -- the motion that was made at the meeting to approve this development, I have had a chance to review letters from those that are providing detail. However, I -- I believe that the findings are accurate. So, I would move that we would deny the request for reconsideration for Linder Village, H-2017-0088 -- I guess that's Item 9-B and C and direct the legal staff to prepare the modified DA for the applicant review and signature. Bernt: Second. De Weerd: I have a motion and a second to deny the two items, request for consideration for H-2017-0088 by both -- by Protect Meridian and Neighbors For a Better Linder Village. Is there any discussion? Mr. Clerk, will you call roll. Roll call: Borton, abstain; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. D. Modified Findings of Fact, Conclusions of Law, and Decision and Order for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio, located at 7965 S. Locust Grove Rd. De Weerd: Thank you. Item 9-D is modify Findings of Fact and Conclusions of Law and Decision of Order for H-2018-0042. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Apologize, my computer hasn't been working and IT has got it going, so I have had to sort of fly blind for a moment. What's in front of you tonight is the Findings of Fact, Conclusions of Law, Decision and Order for Timber Creek. At your request for reconsideration you did remand it back for us to review the findings to be sure the findings were consistent with your motion, as well as the development agreement that was attached was consistent with your motion. My staff has reviewed all of the minutes of the hearings, the motions that were made, the findings that were prepared. There is -- some of the findings have been modified and that's what's in your packet tonight. The development agreement was approved in parts and so one of our concerns is to make sure we put all the development agreements together into one document and that's what's in front of you as well. We have a site plan from the applicant that's attached to the development agreement , but all that's needed tonight is for you to approve the findings as they are in your packet. So, the development agreement would come back at a later time, but findings are now ready for approval. Meridian City Council Meeting Agenda April 2, 2019 – Page 14 of 395 Meridian City Council March 19, 2019 Page 10 of 48 They are consistent with the discussion, the motions that were made. They are consistent throughout. So, we are comfortable moving forward with that. De Weerd: Okay. Thank you, Mr. Nary. Counsel, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Appreciate the explanation and clarification. I move that we approve the modified Findings of Fact, Conclusions of Law and Decision and Order in H-2018-0042, with legal staff to prepare the modified DA attached as Exhibit E to the modified findings for the applicant's review and signature. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-D with the proposed modifications. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing for Alpina Townhouse (H-2018-0090) by A Team Consultants, Located NE of W. Ustick Rd. and N. Linder Rd. 1. Request: Preliminary Plat consisting of 15 multi-family building lots and 7 common lots on 3.99 acres; and 2. Request: Conditional Use Permit For a multi-family development consisting of 60 multi-family residential units within 15 multi-family structures on 3.99 acres of land in an existing C-C zoning district; and 3. Request: Modification of an Existing Development Agreement to change an existing development agreement to change the previously approved concept plan with a new concept plan De Weerd: 9-E is a public hearing for H-2018-0090. This -- I will open this public hearing. However, because the site was not posted properly, Council, the applicant is requesting continuance to April 23rd. You can choose to continue it to that date or have them repost the site with the new date. Meridian City Council Meeting Agenda April 2, 2019 – Page 15 of 395 Meridian City Council March 19, 2019 Page 11 of 48 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will be happy to do this. Madam Mayor, I move -- do we have to open the public hearing first and, then, continue it to April 23rd, 2019 and require the applicant to repost with the correct date. Borton: Second. De Weerd: Okay. I have a motion and a second to continue this to April 23rd with the applicant required to repost with the April 23rd date. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing for Razzberry Villas (H-2018-0130) by Ed Bowman, Located 1434 and 1492 Star Dr. 1. Request: Rezone of 1.86 acres of land from the R-8 and L-O zoning district to the R-15 zoning district; and 2. Request: Preliminary Plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed R-15 zoning district De Weerd: 9-F is a public hearing for H-2018-0130. I will open this public hearing with staff comments. Parsons: Good evening, Madam Mayor, Members of the Council. The first item that you're hearing this evening, at least from staff's presentation perspective is the Razzberry Villas project. This is an application for a rezone and a preliminary plat. The property was annexed in and platted in 2003 as part of the Razzberry Crossing Subdivision. As part of that approval the L-O zoning on the -- that's currently on the property was approved through a planned unit development. The current -- so, right now we have three parcels that are part of the development. One is zoned R-8 and two of them are -- the other parcels are zoned L-O, currently located at 1434 and 1492 Star Drive. The Comprehensive Plan map designation for this property has two designations on it, mixed use neighborhood with a neighborhood center overlay on it and, then, also medium density residential. So, although the comp plan is not parcel specific , staff looked at the rezone and Commission concurred that allowing this -- changing it from an L-O designation office use to a residential use was still consistent with both of those designations -- land use designations and so the applicant is here tonight to talk to -- talk about annex -- or rezoning 1.43 acres of land from the L-O and R-8 zoning districts to the R-15 zoning districts, to develop a 16 lot residential subdivision. The desired density for this particular property and mixed use area is between six and 12 dwelling units to the acre. The proposed plat that's before you this evening is right at 11.2 dwelling units to Meridian City Council Meeting Agenda April 2, 2019 – Page 16 of 395 Meridian City Council March 19, 2019 Page 12 of 48 the acre. So, on the high end of that range, but it does comply with the densely anticipated in the Comprehensive Plan. The applicant is proposing detached homes for the particular subdivision. I would also mention to Council that the subdivision is under that five acre minimum, so no open space or site amenities are required with the subject application. One of the discussion items at the Planning and Zoning Commission hearing, though, I would let you know that this came up quite a bit, but the applicant is working with the Razzberry Crossing HOA and trying to incorporate and use some of their open space. So, roll this in under their umbrella, if you will, and take advantage of that open space. As I get farther into my presentation there are some -- a couple options for some additional amenities to be provided on an adjacent open space lot that was approved with Razzberry Crossing Subdivision. I will share that with you again later on in my presentation. One of the items that came up at Planning and Zoning Commission was the fact -- how much open space was approved with the planned unit development. So, during the hearing staff did go back to the public record and we did determine that 12.9 percent open space was approved for this development. So, it does currently exceed the open space requirements of the ten percent currently in code and that's why the Commission felt strongly that this development was always part of the Razzberry Crossing development, so it should be also incorporated into the remaining portion of it to pay into those dues and take care of the other 12.9 percent open space as part of the overall Razzberry Crossing development. So, the Planning and Zoning Commission did recommend approval at the February 7th, 2019, hearing. Testifying in favor we had Corinne Graham, which was the applicant's representative. No one testified in opposition. Commenting on the application we had Derrick Eisenbeis, Razzberry Crossing Sub HOA president and, then, written testimony was provided from Marilyn Cox and Stanley Stinten and those were included as part of the public record in your packets this evening. Key issues of discussion from the neighbors or at least from the public testimony d uring that time was the proposed rezone would benefit the community by providing more of a selection of housing opportunities and economically competitive choices. Concerns pertaining to traffic parking safety and sufficient common area and protecting property and home values. The Razzberry Crossing Subdivision HOA voted unanimously to allow this development to join their HOA. Some were against the proposed zone change and use due to all the extra cars, children and animals in small confined spaces and b usy streets and, then, the opinion that the proposed homes don't blend in with those in the Alexandria Subdivision and I will also mention to the Council that during the Commission hearing, at least when the initial application was submitted to staff , the elevations that were submitted at that time didn't appear to fit on the proposed lot sizes that the applicant is proposing with this plat. They were conditioned to provide revised elevations, demonstrating how the homes would fit on the lot sizes and the elevations that are before you this evening do meet those requirements and do comport and do fit on the required -- the proposed lot sizes the applicant is proposing this evening. So, key items of discussion by the Commission. We were looking at, again, including this 1.43 acre development into the overall HOA as part of the Razzberry Crossing development, making sure that there was adequate common area and that if they could be rolled in that they would provide another additional site amenity in the adjacent open space. There were some concerns about adequate parking -- on-street parking for guests. The approach -- the Commission discussed that attached units would provide diversity in the neighborhood and, then, also Meridian City Council Meeting Agenda April 2, 2019 – Page 17 of 395 Meridian City Council March 19, 2019 Page 13 of 48 the Commission did support the proposed layout and design as -- as proposed this evening. So, the Commission did not recommend any changes to staff's recommendation, but I did want to point out in the hearing outline this evening there are a few outstanding issues that need your consideration this evening. The first is the applicant was required to share -- or at least provide details of the proposed amenities for the Council tonight to include as part of a condition in the staff report and, then, as part of those amenities package that was submitted to the Razzberry Crossing Subdivision HOA there were two options. One included a barbecue and picnic area and the second option was for as playground or tot lot area. So, staff would recommend as the applicant gives their presentation to you this evening, you know, and shares with you those two options, that we would ask that you pick and choose option one or option two and share that with staff, so we can incorporate that into a development agreement and conditions of approval. And, then, the other outstanding issue is there isn't a specific condition at this time, but as I alluded to in my public testimony this evening -- in my presentation, if it is the desire of the Council to require them to enter -- to work with the Razzberry Crossing HOA and be -- be part of that HOA, then, we would ask that you incorporate a condition of approval into the staff report that they become part of the Razzberry Crossing Subdivision HOA. So, staff did look at the public record and I did not -- you did not note any additional public testimony since the Planning and Zoning Commission. With that staff will conclude their comments and stand for any questions you have. De Weerd: Thank you. Council, any questions? Okay. Is the applicant here this evening? Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Graham: Good evening, Madam Mayor and Members of the Council. My name is Corrine Graham with Civil Siteworks, 921 South Orchard, Suite 200, Boise, Idaho. 83705. De Weerd: Thank you. Graham: Bill, do you have my presentation by chance? Parsons: Did you e-mail it to Sonya? Graham: I did. Parsons: All right. Let me see where she -- Corrine, I don't see it. Do you have a hard copy or a thumb drive we can load for you? Graham: I do. Sorry about that. Thank you. I'm going to skim through some of the zoning and preliminary stuff pretty quickly. As Bill mentioned, the existing zoning is limited office and medium density residential and our requested zoning tonight is for R-15. The Comprehensive Plan transitions -- transitions between medium density residential and mixed use neighborhood with a neighborhood center overlay. The R-8 lot with the existing zoning that was provided as a common lot, that was to buffer between the residential uses to the west and these limited office lots. I believe the project meets the following Meridian City Council Meeting Agenda April 2, 2019 – Page 18 of 395 Meridian City Council March 19, 2019 Page 14 of 48 goals of the mixed use neighborhood comp plan designation , because of the density. It provides a transitional use between the existing office and medium density residential uses. It provides an additional land use to the neighborhood. It provides a variety of residential categories. Urban services can reasonably be provided and developments contiguous to the city. The preliminary plat is for 16 single family dwelling units. Eight of these are detached units and eight of these are attached. There is four common lots. Two of those are common drives to landscape common lots. The lots in brown are the duplex or attached style homes. Those in yellow are single family detached. Gray are the common lots. And green are the landscape lots. We provided two common drives. These provide access to 12 dwelling units and we have done this because it limits drive access to Star Drive. That street is classified as a local street, but it functions as a collector for traffic coming from Razzberry and Havasu Falls Subdivisions out to Locust Grove. So, limiting access was important to both ACHD and city staff. The common drives also help keep the garages away from these streets as you enter into this neighborhood. The parking came up as a concern during the Commission hearing. Each unit will have a two car garage and a parking apron for t wo guest parking spaces and provides the minimum parking as required by the UDC. There is additional on -street parking provided on the neighboring local streets. I have done a little aerial here. This is about a thousand feet from the site. There are 34 available parking stalls shown on blue in the diagram. These are -- these are spaces that would be shared between Razzberry Crossing and Razzberry Villas. There are also addition concerns about safety, traffic, children. I just want to point out that the -- the R-15 and the residential zoning is more compatible with the neighboring residential than the original limited office zoning. So, we believe that -- that these concerns are mitigated somewhat by the -- by the rezone. A landscape plan is going to provide a berm and landscaping at the intersection of Star and Bright Angel, which provides a focal point into the neighborhood. It also screens the homes along that intersection from headlights. So, some discussion on the -- the original HOA. So, this project was originally platted with Razzberry Crossing. It is currently part of the HOA and it will remain part of that HOA and we would plan to modify the existi ng CC&Rs to address the common drives, the change in use, the sharing of open space. As Bill mentioned, open space was also an item of discussion at the P&Z Commission hearing. So, the UDC does not require open space or amenities for developments less than five acres. This project falls within that threshold. However, the applicant has signed an agreement with the Razzberry Crossing HOA to enhance the livability for residents in both neighborhoods. The developer is working with the HOA to provide funds for improvements to the existing park space. Currently they are proposing a 450 setup fee per lot, which would equal 7,200 dollars. Based on correspondence received from the HOA president of the community is interested in either a concrete patio benea th their existing pergola with a barbecue seating area , picnic area, or they would like to install playground equipment at the east side of the site. Bill mentioned that Council may want to weigh in on which of these they prefer. I would request that the HOA is meeting in early summer and they would like to vote on which -- which option is more, I guess, compatible with -- with their use and what they think would be used the most. So, if we condition the amenity, we would just ask that that remains open. So, here is an aerial of the existing Razzberry Crossing Subdivision. Our project site is highlighted in blue and the current open spaces are marked with a green dot. So, the one on the east is the one that we are Meridian City Council Meeting Agenda April 2, 2019 – Page 19 of 395 Meridian City Council March 19, 2019 Page 15 of 48 talking about, there is an existing pergola structure. You can see it's a little white roof. So, both of these are within a quarter mile of the sight and I think Bill went into the building elevations pretty well. We have got a split-level, single-story garage. Two story living space. The garages are also set back from the street further than the front of the house that provides some modulation and we have got stone accents, split roof, eaves and variation in siding material. So, we believe a rezone request is -- complies with Meridian's Comprehensive Plan. That our pre-plat complies with the R-15 zoning designation, provides affordable housing options to Meridian residents and is compatible with neighboring uses. These parcels have been vacant since 2005, so we believe this project will provide a pleasing and compatible addition to the neighborhood , while providing needed housing and additional tax revenue to the City of Meridian. We are in agreement with all stated conditions and respectfully request your approval. I will stand for any questions. De Weerd: Thank you. Council, any questions? Okay. Graham: Thank you. De Weerd: Thank you very much. Mr. Clerk, is there any citizens signed up to testify? Coles: We do have a couple this evening, Madam Mayor. The first is Siegfried Sendig. Would like to address the Council on this project. De Weerd: Okay. Sendig: Well, thank you very much distinguished members of the City Council. My name is Siegfried Sendig. I am at 4499 North Heritage Woods Way. De Weerd: Can you pull the mic up a little closer to you. Yes. Thank you. Sendig: Okay. Is that better? De Weerd: Yes. Sendig: Okay. Sorry about that. Again, I'm Siegfried Sendig. I live in the subdivision right next to it. Well, one thing that is very concerning is we live in one of the great countries in the world and everybody is trying to still come in here and people are dying to come in, plus Meridian has been voted consecutively best place to live in the United States. So, that means the much best place to live in the whole world and I'm glad to be part of this, but the area there where the density that is being requested is just outrageous. I mean if you drive that area, I -- which I drive, accidents come very close to happening. Let's treat it basically as a one way street. I have some pictures here that I took. I don't know if you guys want to see them or not, but the thing is the -- De Weerd: Sir, we can put it up on our -- Meridian City Council Meeting Agenda April 2, 2019 – Page 20 of 395 Meridian City Council March 19, 2019 Page 16 of 48 Sendig: The beauty of -- the beauty of humanity is that we are -- that we are cooperative and it's almost an honor system thing that way, how we navigate on this road, Star Road, by -- when we see cars parked, the -- whoever comes first, the thing is, then, the car approaching that area will move to the right to let the car through, so that, then, one can proceed and it's -- I just can't see how we can put more high density housing there , especially R-15. I mean if you look at the lot size of what is recommended -- I mean those things are half the size of the existing small lots in Razzberry Crossing. Now, that lot in Razzberry Crossing are already small and I live in that neighborhood right next to it, which is Havasu Creek and I used to be the HOA president there and it's like -- I'm sorry -- I just don't see how traffic can support that -- I mean a park would be much better for them, for the kids that are there, et cetera. So, please, consider that, to say no to the R-15, because it's not what it was meant for originally and we really need something for kids. De Weerd: Thank you. Council, any questions? We appreciate you joining us. Coles: We also have Alice Hankla signed up to testify. Hankla: Thank you. De Weerd: Hi, Alice. Hankla: I live in the neighborhood -- De Weerd: Alice, if I could get you to state your name and address. Hankla: Oh. Okay. Sure. Alice Hankla. 4466 North Heritage Woods Way, Meridian. 83646. De Weerd: Thank you. Hankla: This winter when we had snow it was almost impossible to drive down that street because of the people parking out further into the street than necessary because of the snow and it is definitely a one-way street to go through there when all the cars are parked and they are -- every house seems to have two or three cars that belong to them, so there is hardly any room for any parking that you have -- like she has shown up there and I'm definitely against having this moved in there, because people are going to be living on top of each other by the looks of the size of the lots and the houses and , furthermore, it just is inconceivable that people would want to live in that type of neighborhood. But , once again, like I said, the road is really restricted, even in good weather, because of the parking that's on the street. Thank you for your time. De Weerd: Thank you, Alice. Coles: There were no other sign-ups, Madam Mayor. Meridian City Council Meeting Agenda April 2, 2019 – Page 21 of 395 Meridian City Council March 19, 2019 Page 17 of 48 De Weerd: Okay. This is a public hearing. Is there anyone who wishes -- yes. Good evening. Thank you for joining us. Eisenbeis: Thank you. Good evening. My name is Derrick Eisenbeis. I live on 1329 East Star Drive. I'm also the HOA president of Razzberry Crossing. So, I would just like to point out about the traffic problem. One, it was revealed earlier that, in fact, the traffic here as a residential would actually not be any worse than if those were office spaces. Also, unfortunately, I mean no disrespect to the gentleman who just spoke, but the traffic in those photos is actually not indicative of the street where t hese new homes are going in. It's actually much wider. That being said, if you can see the entrance to the subdivision, these homes stop well before North Heritage View. So, traffic problems will stop -- like any additional traffic will stop right, you know, before even North Heritage. So, it wouldn't go through the subdivision, everybody lives -- everybody in this part of the subdivision will need to go through the subdivision to get to their houses. Secondly, as to the traffic problem, even though it is -- has their own, quote, an issue, that can be a blessing in disguise, because what happens is it slows people down coming through the subdivision. We have a lot of kids, a lot of children in the subdivision. We had concerns by the members about putting speed bumps, slowing traffic down. Well, we have noticed by parking on the side of the road really slows that traffic down. So, it's actually kind of a blessing. So, that's all I have to say. De Weerd: We do that in our neighborhood as well, too, to slow the traffic down, so -- I was going to say that. Mr. Bernt, did you have a question? Bernt: Just one -- one question, sir. De Weerd: Sir. Derrick. Bernt: Not off the hook that easy. Thanks for coming. It's not very often when HOA presidents come and testify in favor of more density. Just doesn't happen that often. So, can you explain in more -- you know, in greater detail -- Eisenbeis: Sure. These fields have been here since the formation of the subdivision. Now, I moved in in 2010, became president 2016 and, honestly, we just -- we want something put there, but the field is actually an eyesore and, actually, when you come into the subdivision neighborhood and it's just a field, so something -- we wanted something there for a very long time and when Mr. Hubble approached me in 2017 if we were supportive of actually getting something there and getting something developed -- all of the -- obviously, if we have more homes in the submission it's going to help our revenue also, so we can put it back into the community. As mentioned before, the initial setup fees are going to allow us to put something in our common area, which I have been wanting to do -- I mean since -- since I have moved there I wanted to see something more to get back to our members. This will allow us to do that , because we will have the initial funds to actually support something, because our members have been asking for something for quite a while and so when I learned of this I jumped on board just -- just so we can get something and get, you know, more people in. I'm not too worried about the Meridian City Council Meeting Agenda April 2, 2019 – Page 22 of 395 Meridian City Council March 19, 2019 Page 18 of 48 -- the compactibility. I have looked over the drawings and the plat. I am also a civil engineer and so I think it's more than feasible. Bernt: Madam Mayor, follow up. Thank you for those comments. One last question. You spoke earlier about leaving the options open to have your HOA board vote on which amenity you would prefer. Eisenbeis: That's correct. We would like to go ahead and bring the -- I would like to take this to the members and say, hey, what do you guys want in and if an overwhelming majority actually want something different, I would like to offer that as well and we -- as a board we work for the members and, unfortunately, it's not a paying field, but we do the best as we can and I just want the members of -- of Razzberry Crossing to get the most benefit that's possible. De Weerd: Thank you. Council, any other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just one. Well, I guess a comment first. Thanks for serving on the HOA board. There is a special place in heaven for people who serve as president of homeowners associations, so appreciate your service there. The corner of Bright Angel and Star Drive, are there stop signs at any of those -- Eisenbeis: There are not. Cavener: There are not? Okay. All right. Thank you. Eisenbeis: Uh-huh. De Weerd: Thank you. Eisenbeis: Thank you, Mayor. De Weerd: Is there anyone else who would like to provide testimony on this item? I'm sorry, sir, you have already testified. Thank you. Okay. Any further testimony? Okay. Would the applicant like to make final remarks. Graham: Thank you, Madam Mayor. I just wanted to address -- De Weerd: If you will restate your name for the record. Graham: Oh. Yeah. Corrine Graham. Civil Siteworks. 921 South Orchard, Suite 200, Boise, Idaho. 83705. I just wanted to address the -- the comments regarding street width, traffic, you know, that traffic calming measures can be troublesome in -- in communities Meridian City Council Meeting Agenda April 2, 2019 – Page 23 of 395 Meridian City Council March 19, 2019 Page 19 of 48 like this, especially -- as I mentioned Star Drive does somewhat function as a -- as a collector, although it's designated as a local street. It does funnel quite a bit of traffic out onto Locust Grove. The street width here is 29 feet, which, according to ACHD policy, is only to allow parking on one side. I think when the formation and the construction of this happened -- I don't know that the signage was either not installed or not required. As part of the ACHD staff report they are requiring us to sign one side of the street no parking, which would alleviate the parking on both sides, the funneling of traffic into a very narrow lane, people having to wait, so -- but, then, there is -- I guess there is traffic calming, the parking on one side and, then, I think the meandering of the road helps -- helps with speed as well. Again, the lot sizes compared to R-15 zoning designation, which is the rezone request before you tonight and I just would like to state that the limited office that was proposed at this location does tend to be a more intensive use than the R -15. So, I will stand for any additional questions. De Weerd: Thank you. Council, any questions? Thank you. Graham: Thank you. De Weerd: Okay. Council, any further information needed from staff, the applicant, or any of those that testified? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bill, the -- the applicant is, obviously, requesting for some -- some flexibility with the amenities. It sounds like the neighboring homeowners association is looking for that flexibility as well. It's just -- I know -- appreciate the staff report where you're kind of asking for some direct specificity around either one of the two amenities. I'm just curious if you could help me understand as to why staff was either articulating that or is staff supportive of giving the applicant flexibility when it comes to those amenity choices? Parsons: Yeah. Madam Mayor, Members of the Council, Councilman Cavener, I think staff is amenable to keeping it flexible. Maybe we can say just either option and leave it -- let them decide when they come back in with their final plat. Cavener: Okay. Madam Mayor? De Weerd: Mr. Cavener. Cavener: Additional question for the chief over there. Concerned with fire trucks getting in and out of this neighborhood. W hen residents bring up the road functioning as a one- way street I start to get a little nervous about your ability to do all the great things that you need to do when you need to do it. Bongiorno: You caught me with my mouth full -- Meridian City Council Meeting Agenda April 2, 2019 – Page 24 of 395 Meridian City Council March 19, 2019 Page 20 of 48 Cavener: Sorry. Bongiorno: -- Councilman. Madam Mayor, City Council, so when I reviewed this plat the only comments I had was on the common driveways that I would like to see them signed no parking fire lane, because, as we know, when you have tight quarters like this people tend to park their boats, RV s, cars, whatever, on these common driveways and with this I specifically said that they have to be fire lanes, because we would not be able to get to those two back lots in the back corner there if we couldn't get the fi re engine in there. Pretty much that was my only concern with -- is that hammerhead area, just to make sure that parking was not allowed on the common driveway. De Weerd: Okay. Council, anything further? If there is no further information needed, do I have a motion to close? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item -- is it 9? 9-F. De Weerd: Uh-huh. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on 9-F. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0130, giving the applicant and the HOA the ability to decide which of the proposed amenities they want to go with at the time of construction and requiring that they become part of the HOA as they are proposing. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 9-F with the addition of the HOA and developers to decide the amenities and to join the HOA for the existing Razzberry. Any further discussion or comment? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda April 2, 2019 – Page 25 of 395 Meridian City Council March 19, 2019 Page 21 of 48 Little Roberts: Do we need to add the signage regarding fire -- no parking fire lane? Bongiorno: Madam Mayor, City Council, that was in my staff report, which is part of the main report. Little Roberts: Thank you. De Weerd: Okay. Thank you for that clarity. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing for Summerwood (H-2019-0001) by Matt Munger, Located on the N. Side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road 1. Request: Development Agreement Modification for the purpose of combining/terminating four (4) recorded developments [DA Instrument #’s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to create one new master agreement that governs the entire Vicenza/Volterra development. De Weerd: Item 9-G is a public hearing for H-2018-0001. I will open up this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on your agenda this evening is the Summerwood Development Agreement Modification and this -- this application was before this body in 2017. It's more than just -- although the name implies Summerwood and it's one project, it does encompass approximately 276 acres and -- and the intent behind the DA modification is, essentially, to take four existing development agreements that currently govern multiple properties and multiple acreages and combine that into one DA to govern the entire 276 acre site. So, the graphic that's before you this evening shows you the area that we are generally talking about. So, back in 2006 with the Prato Village project -- and you can see that here on the left-hand side of the screen, this ten acre property was annexed into the city and was preliminary platted with 30 single family homes. With the downturn in the economy the project never moved forward and the plat expired, but the DA never did. Well, since that time this developer -- this current property owner has purchased that property and had it resubdivided. A new preliminary plat was approved in 2017 and it was considered being called Prato Villas, but it's been renamed with -- platted as the Summerwood Subdivision, which still consisted of the Meridian City Council Meeting Agenda April 2, 2019 – Page 26 of 395 Meridian City Council March 19, 2019 Page 22 of 48 number -- 30 lots, which was consistent with that DA. So, at the time that that preliminary plat was approved the applicant was not required to amend the DA, because it wasn't consistent with the original approval in 2006. So , that's one component of that development agreement and that's approximately ten acres again. And, then, in 2005 -- or in 2010 the Volterra North and Volterra South projects came before City Council. Again, this property was annexed originally in 2005, was part of a planned unit development, which established some of the existing R-8, R-4 and commercial zoning designations on the property. Well, again, that PUD, because of the downturn in the economy, those -- the PUD, the subdivisions, expired. However, the original DA from 2006 remained in place. In 2008 a different developer also came forward with the Volterra mixed use project, which was -- was approximately 110 acres located on the northwest corner of McMillan and Ten Mile and that's where you have the Walmart, which is currently constructed and, then, there is some vacant commercial and an R-15 node. So, it's generally this area located here and that was called the Volterra mixed use project. It was removed from the original DA with the Volterra North, Volterra South project and it entered into a new development agreement and, then, since that time Walmart purchased the 25 acres on the corner, has resubdivided it and part of that as the Coleman Subdivision. So, what you can see here is all of these projects have various land use approvals, various plat conditions that can run with the properties and now that we have a new owner that controls the most of it, he is -- the new owner controls 276 acres and the Coleman Subdivision is, again, owned by Walmart and they are continuing to sell off these other four outparcels. So, the intent -- but for the development of this evening is to combine all of these 276 acres into one master DA and, then, that Coleman piece, which is approximately 26 acres, will remain subject to a previous development agreement and be exempt from what this develope r is doing. That way they don't get cross here and have to work with -- with each other in the future. So, it's really a clean up item for this developer and, really, the request is proposed so that it's easier for them to administer development of their 276 acres, rather than them having to verify which DA -- which property applied to which development agreement, which provisions are still intact, which ones are completed. Do we need to amend the DA so you can move forward with a different development plan. It's just easier for us to modify or change one development agreement or administer one DA than having to look at four different DAs and determine which ones make sense and which provisions were for development of the property. So, in the staff report -- so, staff did go through all four development agreements to make sure -- to try to visualize which DA provisions made sense, which ones are no longer relevant and if any new DA provisions were relevant. So, in the staff report, by the time that I went through all of the development agreements, I came up with potentially 12 DA provisions that govern this 276 acre site and one of them is to comply with this concept plan. That's before you this evening. So, you can see here the -- the darkened area that is black and -- blackened out, that one won't -- it's not part of this new DA. Again, it will remain subject to the conditions of approval of the Coleman subdivision and their DA that it was originally approved under -- back with the mixed use project. But everything else you see in this area, excluding those blackened out portions, governed to -- is subject to the new DA provisions that are stated in the staff report. Other than going through a lot of those details of the DA provisions, I think I will basically just let you know that the applicant did look at the new DA, the new staff report, and they are in agreement with staff's Meridian City Council Meeting Agenda April 2, 2019 – Page 27 of 395 Meridian City Council March 19, 2019 Page 23 of 48 recommendations for the DA provisions. I'm happy to pull those up on the screen if the Council would like to see those, but from our perspective taking four development agreements and molding them into one master DA seemed to make a lot of sense for us. With that I will conclude my presentation and stand for any questions you may have. Borton: Thank you, Bill. Council, any questions? Is the applicant here? Welcome. Munger: Good evening. Borton: Please state your name and address for the record. Munger: Yeah. I'm Matt Munger. I'm WAPacific. Address is 3699 South Firenze here in Meridian. I don't have much to add to the staff report. The item we brought before you a year ago with the Summerwood Subdivision -- at that time we had I believe a six month window to get the agreement signed and the owner ha d some medical issues and we didn't get that done. So, that's why we are bringing it forward again. It's, essentially, the same agreement that we agreed to then and it's primarily to allow the -- the sharing of the uses between the different developments. Right now we have four different development agreements, each has different conditions and requirements and it would be easier -- it's easier for us to tie all those together, so that when we are talking about the 300th lot causes this item -- is it 300 plus this other project or is it 280 and that project doesn't count. So, with that the idea was to bring it together so that we could bring all of those numbers in line and bring it forward as one project, as it should have been from the start. The secondary in that was to remove the Walmart portion and that's primarily there because the owner doesn't want to have to go through the agreements with Walmart every time they want to change a use on their property or vice -versa, if he wants to do something different. He wants to work with the city, not with Walmart and I think that's it and I would stand for any questions. Borton: Okay. Thank you, Matt. Council, any questions? Munger: Thank you. Borton: Appreciate it. This is a public hearing. Mr. Clerk, anybody signed up to testify? Coles: We have two this evening, Mr. President. The first is Paul Poorman. De Weerd: Welcome, Paul. Poorman: I'm Paul Poorman. 5231 North Black Cat Road, Meridian. 83646. And is there any way that I can point on the screen -- sorry. So, how do I highlight something on the map here? Check box? I'm sorry, I'm not making this -- so, I have that part right? There is a check mark -- Borton: A square. Meridian City Council Meeting Agenda April 2, 2019 – Page 28 of 395 Meridian City Council March 19, 2019 Page 24 of 48 Poorman: A square? Ah. Okay. So, then, how do I -- it's not working. Pick a color. Okay. Great. Just had two comments as this combination transpires. I just wanted to make sure that two things didn't get swept under the rug. One is that our property is located right here and there is a lateral -- the Scrivner Lateral that crosses this piece right here and I want to make sure that that's -- that's our water supply for our property. I want to make sure that that water supply was -- was guaranteed as it went across this property. They will need to reroute it and pipe it around their property if they want to use the -- the law says as they have proposed here. The second thing is I want to make sure that this stub out right here is preserved with full access utilities , everything I brought out to our property, so that if we choose to develop the property that that would be available in the future. Any questions? De Weerd: Thank you, Paul. I think those are very reasonable and they are required to stub to and through and so I think they got you covered , but we will ask the applicant in the closing remarks. Any further sign-ups? Coles: There was one other, Madam Mayor. John Wycoff. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Wycoff: Yes. John -- John Wycoff. I live at 5099 North Bolsena Avenue in Meridian. I'm backing up to -- I don't know if it's right into this area . Never mind. Sorry. I just moved here from California and when I came in I had seen BridgeTower and we bought based on all of the things that were going on at BridgeTower and they were very much similar to what's going on over there at BridgeTower West and now it's growing, because this area that we are talking about was never originally on the letter -- on the things that were shown within this HOA. So, the developer -- he is making -- he is growing it drastically, obviously. The water in the system -- in the area right there, too much to like -- you know, just not want to get the water cut off -- is insufficient to even meet the current needs of the people in the area and now he is expanding it to include this area and other areas. Just this past summer we were restricted from when we could use our watering, because the pool that they had there couldn't keep up with just even the smallest amount of the homes in the area that's currently in there and they are throwing in more and now they are expanding more. So, they are developing the area. The amount of time available -- or, you know, the amount of time to get this all done to have that water in there. Some of the highlights I wanted to notice. West McMillan to right on San Vito is very dangerous. You're going from a 50 mile per hour to make a quick right with very little access to pull in and no w they are adding this Joy access. Somebody's going to get hurt seriously. Just recently we are starting to hear an increase in the number of sirens. Poor drainage in the area. So, he's growing it -- you know, he's putting it in. He's -- he's profiting on this and growing it. But failure to increase the number of -- the speed on McMillan is high. It's right in that area of 50 miles per hour. Chinden, Black Cat, that's a very dangerous area. Now they are throwing in more people coming into that area, along with the Costco increasing traffic. So, I just want -- those are the things that I hope you're -- you're going to -- probably approve this. I hope you don't or else bring it up for further investigation and talk, but it's Meridian City Council Meeting Agenda April 2, 2019 – Page 29 of 395 Meridian City Council March 19, 2019 Page 25 of 48 getting really crowded out here and I moved here to avoid just what's starting to happen right now, just throwing a whole bunch of stuff into an area. That's all I wanted to say. Thank you. De Weerd: Sir. Mr. Palmer. Palmer: Welcome. Wycoff: Well, thank you. By the way, I really like Meridian. Love living in Idaho. It's great being out of California coming up here to be with you. Palmer: Well, I think you're alone. I think you're the first Californian we have ever had move here, so welcome. When did you say you joined us? Wycoff: I came up here May of 2018 and on their website for that -- that location there is nothing about this planned site right here and I'm backed up right to that site. I realize that they have a street -- a street going in there, but never understood what that was for, since it wasn't even part of their development. Palmer: Madam Mayor. So, did you think it was going to stay farmland? What was your anticipation for -- for the property? Wycoff: Well, there is some pretty nice homes there. I paid a lot of money for the area, you know, and so my thinking is that they are going to expand. Currently they have five acre lots. I didn't know that they were going to throw more into the development that I'm currently in and now when I see that the HOA -- well -- and I don't have any vote within it, because the developer owns the HOA and he's currently trying to expand it out and when we are all done, then, I will get be a vote, but right now I'm kind of -- I'm relying on you to -- are you -- to control everything that's going in there. Palmer: Madam Mayor. Sorry. And tell me again where you're at. Wycoff: Uh? Palmer: Where is it that you live again? Wycoff: Right back up to this new proposal. Just right over to the -- I live right there. Palmer: What was your address? Wycoff: Uh? Palmer: What was your address? Wycoff: 5099 North Bolsena Avenue. I mean we moved in there and there was five acre lots. There was a house there. Now the house is gone and your -- you know, I was -- Meridian City Council Meeting Agenda April 2, 2019 – Page 30 of 395 Meridian City Council March 19, 2019 Page 26 of 48 when I was looking at the one picture here it showed that you were going to put Villas in and the home would be a little bit better. I just would hope that there is a lot of planning going into this expansion with the ability to handle the number of homes that are going in there for the benefit of the HOA, people in it to have no say right now. So, I don't have any say. So, that's all I'm asking and I'm coming to you for. Palmer: Thank you. I was just trying to get a better picture. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Mr. Wycoff, you mentioned something about irrigation. Would you expound a little bit. You said -- said that there was no water for irrigation or -- and you had restricted water use. Wycoff: Yeah. We had restricted water use. The water supposedly is coming from the lake, continually the pumps are going down, because they said too many people were watering their lawns. You know, I thought that's what we were supposed to do is be allowed -- I didn't know we were on a desert officially right now and restricted from watering. But the pumps were going down. We were being blamed for it by the developer, because we were watering our lawns either in the morning or in the evening and that came to a restriction. I -- my wife might remember. I think it was once a day that we were allowed the water and we could only do it at a certain time, because they weren't able to water the large grass field off out -- the five acre park, so -- and that -- you know, there is drainage problems also as experienced with one house. So, I just hoped that there would be a little bit more forethought going into it before everybody that buys into their phasing the same things that we are doing -- have to face right now. Little Roberts: Thank you. Wycoff: Okay. De Weerd: Okay. Thank you. Any further sign-ups? Coles: There are no -- no. De Weerd: Good evening. LaFever: Good evening. Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. I actually have a question for Bill that I'm hoping he can answer. Okay? What I would like to know is in combining all of these development agreements, have you changed any of the allowable uses or any of the expired plats? Did we change the plats in doing that? So, have we gone through the proper process for approving plats or do we change it within the development agreement? Meridian City Council Meeting Agenda April 2, 2019 – Page 31 of 395 Meridian City Council March 19, 2019 Page 27 of 48 Parsons: Madam Mayor, Members of the Council, if I may? De Weerd: Yes, Bill. Thank you. Parsons: A couple of clarifications from what I heard on the public record. The developer is not expanding anything. What -- what you see on the screen before you is what's entitled on the property. So, there is no new development here, it's already what's entitled and approved on the property. All he's doing is bundling it -- bundling the entire project into one neat package. So, this is already -- these plats are already approved. There is -- the concept plan that you see here -- all of the plats -- all the lots you see here -- the plats are still valid. None of them are expired. But what's in the development agreement is as one phase. So, when Volterra North and Volterra South came through we wrote a condition that if any one phase in either North or South recorded, it would keep the entire -- any plat in Volterra North and phase in Volterra South valid. So, as part of my recommended DA provisions by rolling in the Summerwood Subdivision, which is currently the 30 lot subdivision here, we have included that as part of that -- that DA provision as well. So, as -- as long as the applicant and developer keeps progressing through his phasing all of his projects will remain valid until it ultimately builds out or completed and currently every phase that's going on out there is -- is within two years of time for him, so he's -- nothing out there has expired at this point. The only thing that may change in the future is what he does with the vacant commercial and -- LaFever: The only -- the only other question I had on that, then, is we still preserve the parks. So, when you were writing back and forth crossing things out there were -- I noted that there was a four acre park and a ten acre park, I believe was there and they are still preserved within the agreement; correct? Parsons: That is correct. Madam Mayor, Members of the Council, So, the ten acre park is already constructed on the north side and there was actually a DA provision that required that prior to approval of the 200th building permit and the applicant came through the process and completed that and they currently just received approval from our department for construction of the three acre park in the southern portion. So, that is currently starting construction here within the next couple of weeks and that was required prior to the approval of the 400th residential building permit -- or residential lot. They were informed of that when they came through with their final plat application that they had to complete the parts. LaFever: Well, thank you for the clarification. I don't have any further questions. De Weerd: Okay. Thank you. Good evening. Thank you for joining us. Rigby: Good evening, Madam Mayor and Council. My name is Vince Rigby and I have the property at 4050 West McMillan Road, right south of the Summerwood Villas. Right there. I would just like reassurance as a -- as Mr. Poorman requested that utilities are left at the -- at the road where it exits the Summerwood Subdivision at -- at Joy Lane. Is that -- Meridian City Council Meeting Agenda April 2, 2019 – Page 32 of 395 Meridian City Council March 19, 2019 Page 28 of 48 De Weerd: Yes. They -- they do to and through. So, they will stub it to the end of their property as they develop it. Rigby: Okay. Thank you. De Weerd: Okay. Thank you. Okay. Any further testimony? Would the applicant like to summarize? Munger: Again I'm Matt Munger with W HPacific representing the owner on this project. De Weerd: Thank you, Matt. Munger: Madam Mayor, Members of Council, it would probably be easier to just kind of go through these. With Mr. Poorman's questions, the irrigation is Summerwood -- see if I can do this without messing everything up here . That ditch currently comes out, goes in a diagonal through this property and, then, it goes through this property and up along the boundary and that would have continued -- as a matter of fact, we have plans already in the -- in the process for piping that through the Summerwood portion of the project. On -- his second question was on the utilities and the stub street to his property, which would be this one here. Just today we received approval from the city engineer for the construction drawings which show sewer water -- and water both being stubbed at that street and the sewer, if that's the -- that location is actually deep enough to extend through Mr. Poorman's property and further south if that was -- if that was to work out for those properties as well and also in the Summerwood peace, the utilities as part of our preliminary plat approval will be brought to Joy Lane with that project. So, it will have sewer and water at that location as well. As to the irrigation water, this is -- this is kind of an ongoing issue we have with irrigation in that this entire property has three -- three diversion points and when it was farm ground farmers would rotate it from one field to another. So, the irrigation allotment for this property is not enough to water the entire property at one time. Even if you take the roadways out and the area for the homes, there is still not enough water for everybody to run their sprinklers at 6:00 o'clock in the morning every day. Because of that and the size of the parks that we have, a rotation was directed by the homeowners association to be able to maintain a system . What we were actually getting were the pumps were drawing the water down enough that they thought they were pulling air and they would shut down. So, they were -- for the first half of the summer we were out there nearly every other day turning the pump back on, chasing problems, finding what the solutions were. Now to help with that one of the things that we have done is we are in the process of completing a pump station in this corner down here off of Ten Mile, which will help to backfeed that system with irrigation water that we have out of the Coleman Lateral, which supplies the south half of the project prior, which should help to alleviate some of those issues. But with the project this size there is always going to be some sort of rotation required. I don't have enough water rights to not do that. One of the things that we did do that kind of helped us -- the pond it allows us to spread that water over a longer period of time, but even that's not foolproof. The -- the question or the comment about the Summerwood house -- or Summerwood property, part of the reason that we wanted to bring that into this development, as you are probably all aware, Meridian City Council Meeting Agenda April 2, 2019 – Page 33 of 395 Meridian City Council March 19, 2019 Page 29 of 48 this -- this is the only project in probably all of Idaho -- for sure southern Idaho where the local streets are pavers. We are using brick pavers for our local streets. That was an agreement with ACHD that allowed Volterra -- these developments to do that on a temporary -- not a temporary. It was an exploration in the use. I can't think of the right word. But with that -- with that condition we needed to bring Summerwood into this project in order to use -- to continue that and bring pavers into the Summerwood portion as well. So, that's part of the reason why we are trying to combine all of these into one development is so that we can keep the character, we can keep the content alive and be extended into that property. And with that I will stand for any other questions. De Weerd: Is that -- you're using a pervious system for your drainage then? Munger: Yes. De Weerd: With the cobbled roads. Munger: Yeah. They are brick pavers and it's a pervious system, so the -- the pavers themselves are not permeable, but the gap between them is what we use for the storm water. De Weerd: And -- and have you been getting complaints that it doesn't adequately drain the -- the stormwater? Munger: I -- I have not heard of any. As a matter of fact, usually what we are finding is these streets clear off faster than the streets around them and it's -- part of the nature of the permeable systems in that as the water -- as snow melts it can get through the system and out before it freezes and so we don't have the icing on the streets that you get in most locations. They will ice up from road traffic, but it melts and removes faster than -- than a standard street. De Weerd: Any questions from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Matt, with this next phase coming on are you planning any other improvements to the irrigation system? If they are already struggling to water and we are in Idaho, water is gold, it seems like with the addition there needs to be additional pumps or resources to make sure this round of grass is green as well. Munger: Yeah. Yes. That was the addition of the pump station on the south side that we are installing right now. Actually, we are frantically trying to get the work done before water hits the ditch, but, yes, we have added a second pump station and we are in the process of upsizing the pumps that are in the existing system. So, even though we only Meridian City Council Meeting Agenda April 2, 2019 – Page 34 of 395 Meridian City Council March 19, 2019 Page 30 of 48 have a certain amount of water, we will be able to deliver that on a more consistent basis than they have in the past. Little Roberts: Thank you. De Weerd: Anything further from Council? Thank you so much. Munger: Thank you. De Weerd: Okay. Council, any further questions for staff, for the applicant or any of those that provided testimony? If not I would entertain a motion to close. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we close the public hearing on Item 9-G, public hearing for Summerwood, H-2019-0001. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-G. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-G, the DA for H-2019-0001, to include all staff, applicant, and public testimony. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-G. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just to repeat it and -- and clarify again that we are not approving a development right now, we are just approving some housekeeping on -- on the agreement and the contract to simplify it and really probably make it better to manage for everybody involved. This isn't approving hundreds of homes. This is approved for just housekeeping. Meridian City Council Meeting Agenda April 2, 2019 – Page 35 of 395 Meridian City Council March 19, 2019 Page 31 of 48 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I want to agree with Council Member Palmer. Appreciate you pointing that out. That this is not -- the -- the decision before the body is to not approve new developments, it is merely to revise the DA before us. So, appreciate the testimony, appreciate the commentary. Many of the concerns that were raised, though, aren't resolved by our action here this evening. De Weerd: Okay. Motion standing is to approve Item 9-G. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 10: Department Reports A. Mayor's Office Annual Department Report De Weerd: Okay. Department Reports. First up under 10-A is the Mayor's Office annual department report. Love to claim personal responsibility and I don't. I have been on vacation. So, you have a very informative presentation in front of you. Robert, I will turn this over to you. Simison: Thank you, Madam Mayor, Members of the Council -- there we go. I am here tonight representing the office of the Mayor. I will be joined by Vincent Koontz and Kaycee Emery, who will also be speaking here shortly. But I just want to start off with a -- with a general overview of the city and our mission and our vision and the Mayor's office is really working to ensure that by 2035 Meridian will be the west's premier community in which to live, work, and raise a family. I think that we are stewards of that task at hand. With the changes this year and adding some director level positions with the city, the Mayor now is -- serves as the CEO of the city. Now has 11 direct reports that she oversees and supervises, myself being one of those, and I would really like to think that we are the public face of the community, the city's vision, mission and the CARE values that we provide to the community and this is the group that I think really lays the foundation for that. Premier starts here with this group of individuals. We are the one -- the customers will often come to very first if they have an issue or very last , depending upon which process that they have gone through. In our office, though, we like to try to make sure that they are working with the departments when they have issues, so they don't just come to us and get us -- get the departments to answer their questions or address their issues. We try to get them back working with the department -- at the department level, because many people in all departments can handle these questions. They don't need Meridian City Council Meeting Agenda April 2, 2019 – Page 36 of 395 Meridian City Council March 19, 2019 Page 32 of 48 us to give them directions to do that. So, we try to uphold the process that exists at those different levels. We want to make sure, though, that they -- our internal and external customers feel that they are treated in the Meridian Way when we work with them and that's the real focus of our office. We follow the direction of the Mayor, many of us in the office, but we regularly work evenings and weekends trying to meet those expectations of the citizens and replying to issues and whether that's on NextDoor or a Facebook inquiry that comes in through Messenger, we are consistently working to provide answers to the citizens' questions that come through. What this -- what -- I think that you all have seen this. I'm not going to tell you anything you don't know, but we have had -- development drives constituent issues at the city level and I think that we can look at Linder Village, Costco over these last two years and see amount of constituent interactions that have been occurring through that. Some of it through third-party applications. A lot of it just natural. But that increases staff load and staff work at all levels to track, reply, and monitor those items. So, in the office we are focused on youth, community partnerships, as well as our business -- business relationships and community development to ensure that we meet that built for business, designed for living motto. You probably saw this with the State of the City in terms of the accolades that we received as a community. This is taken from the annual report. It's not the complete list. You can -- you can go online to the -- online annual report if you want to see the complete list of accolades. General highlight one just real quick. I will talk about it again in a little bit, but we did receive a Do The Right from -- Do The Right is an achievement award from the Association of Idaho Cities this last year. Pretty excited for that. That's the picture there of those who were present for that at AIC. So, our base budget dollars at work. As I mentioned, we are focused on youth, community, business relationships, community development, as well as several programs that you see listed. But really at the base, you know, and that the Mayor is the CEO of the city, you know, it's her doing the day-to-day operations, which are part of what our office spends our time doing helping and supporting her in that role. That can be scheduling, meeting prep, the constituent system issues I already mentioned. Records retention. Working with our community partners and their government relations. Legislative issues. Commission appointments. Proclamations. Town halls and events. So, those are just some of the day-to-day programs and activities that we do in addition to that. We didn't have any enhancements in FY-18, but we did do our four amendments that we typically do each year from the sponsorships we receive for Do The Right, the walking club, MYAC and Save The City and just want to take a second to thank all those businesses who made those events and activities happen. Here is a list of the sponsors. You see Idaho Central Credit Union right there. For two years in a row they have been the title and primary sponsor for MYAC, the Mayor's Walking Club and Do The Right. So, they have made a significant investment in our community and the youth programming that we do through the Mayor's office. So, I just want to say thank you to them to help make that possible. So, kind of looking at this -- at this year, I mentioned we will be bringing forward four amendments to this year's budget from those sponsorship dollars here over the next several months as we are wrapping up the cost for those activities. We have several of them coming up over the next month. So , we will be able to finalize those. Very proud that we are able to bring those budget neutral each and every year from the sponsorship dollars and our sponsors who helped make that happen. And perhaps by '20 we do not anticipate bringing any enhancements to the city Meridian City Council Meeting Agenda April 2, 2019 – Page 37 of 395 Meridian City Council March 19, 2019 Page 33 of 48 through the budgetary process from the Mayor's office. I just want to give you a -- kind of an overview of the areas that we do. We talked a little bit about these. This has I think a more in-depth look. The Y stands for you, C community and the BR for business relationships. Just to give you an idea about many of these things that we do in the office. We continue to look at these programs each and every year to help determine whether or not they are still viable or if we need to make changes to them. I know last year when I was in front of you I mentioned that we would be discontinuing the Mayor CEO kids book club, which we did that. We ran that program through last May and have no longer been doing that program with the library. You often hear about the success -- the success of MYAC at your City Council meetings. So, you're well familiar with that. But just to highlight a couple things that are coming up. Here on April 4th we have Do The Right, which will be a day full of activities here in the community, which starts off actually with the Mayor's prayer breakfast put on by -- I don't know if it's the Meridian Ministerial Fellowshipping, but they are -- De Weerd: Treasure Meridian. Simison: Treasure Meridian. We will be doing that. So, that's what starts off on that day, but it will be for the full day of events and, then, we also have -- April is Volunteer Appreciation Month, so that's the time where we are going to spend a -- spend a little bit of time loving on all of our volunteers from our commission's, MYAC, In Fab, our volunteers at the front desk, our park ambassadors -- any of the departments that have volunteers. So, we will be doing a -- hosting a lunch for them on April 11th and we will give you information about the date, time, where that will be held. So, just a couple things that we have coming up. Just to give you an idea in terms of what we are doing in our -- by the numbers and the type of events and activities, those 25 HOA meetings. Those are typically after evening that Jodi is -- is going to when people are here at City Hall where we go down and we speak to them . The commission appointments, you see all those that come through, that can be time consuming, but those are also a lot of fun. Really enjoy going through that process. I want to highlight the cases and the contacts and , then, the constituent cases that we logged into the CRM, the flashier, and we have logged 393 new cases this last year. When you see a thousand and eight contacts, that's what -- that's what I'm talking to in terms of Linder Village and Costco, some development applications you create one case where you have multiple people that you're adding to that that you will close those out when you get through them. I want to spend a few minutes touching on our strategic plan objectives that you're aware of . We -- we did talk about improving citizen access to government during the recent report that Vincent gave two weeks ago in front of City Council, but we are going to be working with the clerk's office of taking video testimony submission or text. That's something that we are looking at from that first item on improving the citizen access to government. Excited about that opportunity. The second one down, develop partnerships along the city, become an access point to other government. This is really what services are out there from our government partners that we may want to bring to Meridian. I'm excited to say that we are working with one of the commissioners right now who is looking at maybe bringing driver's licenses back into the community. So , those are the types of things that we are talking about. How do we bring things closer into our community for people to have Meridian City Council Meeting Agenda April 2, 2019 – Page 38 of 395 Meridian City Council March 19, 2019 Page 34 of 48 access. But, then, we have had a lot of change over at the county level government, both in the clerk's office and the treasurer's office, so we will be continuing to explore other opportunities with them as they get settled, as they learn what's going on in their department we will be engaging with them about some things we would hope we could see here in our community. 4-C-3, socio-economic profile. The definitions are hopefully being finalized. I know we have had a meeting set -- I think April -- in April we will get those finalized and be able to move that item forward . Work with Community Development, because it's a combination between us and Community Development to fund that item. And, then, again, some entertainment options. So, you know, we actually saw this -- we had a request come through just the other day of someone looking for -- which goes right in line with the work we have been trying to do, someone was looking for a historic building where they could do something that needed to be between five and ten thousand feet -- five and ten thousand square feet. So, actually it was something we have been working on is trying to inventory what our buildings in our downtown area are in terms of square footage, what type of amenities they might have in them, so when -- when we can either help people who are looking to come to us that we may know about and say here is a building that you can go look at. So, we are actively working on that item. Our accomplishments from the last year that we did, we held three city 101 classes working with the departments. That was really focused on getting our city volunteers engaged, giving them a little bit more information about what's going on with the departments, so that when people -- kind of being our ambassadors where people come in and they can help answer those questions. We surveyed the community, said what do you want to learn and we took that information and work ed with the departments and created programs that were about two to three hours each where people could come in and learn a little bit more about the city departments. Actually, be talking with the directors about this tomorrow and looking at probably offering this again in May or June and open it up to a wider variety of the community and sending them the city newsletter that's going to go out in the next utility billing insert. So, hopefully, people are interested. We can gather people to put those on. We -- we did the middle school safety summit this last year. We had about a hundred kids involved in that. So , that was nice to do that. I know we continue -- we plan on doing that again this next year. Peak training I will leave that to Vincent to speak to. We held our telephone town hall and I will talk about that in a second and, then, we did complete a welcome to Meridian sign this last year after many attempts to try to get it as close to being on budget as we could through that process and several RFPs, but working with our purchasing department and Community Development we were able to help make that happen. So, just wanted to talk about the telephone town hall really quick. We held this last fall and it was focused on the Comprehensive Plan. The executive summary was shared with Council after we did that event. So, hopefully, you still have that if you're interested. We did feel that we were reaching a different demographic by holding that town hall in the people when we looked at that. But it's just another tool and that's what we were really looking -- really looking at as tried to engage people, what do we -- how are we reaching out, how are we engaging people. Yes, land lines, which is what you are primarily limited to, are a changing demographic. I still have one, but it does provide an access point to other people. We had 206 peak listeners. Twenty-nine people called in. A hundred ninety-eight were -- were called out to and answered and nearly one in four people on the phone at one point time raised their hand Meridian City Council Meeting Agenda April 2, 2019 – Page 39 of 395 Meridian City Council March 19, 2019 Page 35 of 48 and ask a question. So, we were able to get a lot of questions and speak to people and we also asked them questions and that was as we were able to gain some basic feedback from them through that and overall what we heard from people that reached out to us afterwards was the positive feedback from that. So, we have that now. We have done one. We can use this if the right opportunity comes up for us to have another opportunity, at least it was a positive experience. We know more about what we could do and how we could do it better next time. The other thing I want to highlight -- and as I mentioned, this is coming up on April 4th. The last year's Do The Right day, we were selected by AIC for City Achievement Award. We handed out 50,000 stickers into the community. Did Do The Right decals on the SRO patrol cars. Did an assembly with Rebound. School opportunity. Read a proclamation. Had speakers. We distributed t-shirts to all the city employees and we did the drone photo of the group outside of City Hall and according to Kaycee employees love this photo. So, I'm going to take her word on that. We are excited for this -- for 2019 to do this again and it continues to be something -- continues to grow here at the city. Just want to touch real base -- real quickly on our goals for 2019. We will be continuing to be focused on implementing the strategic plan objective from our -- from our office. The eastern rollout public education. Once an RFP -- once -- whoever is selected through the RFP process will need to work with them to make sure the community is well educated from that standpoint. That's going to be something we focus on. We will be looking at developing KPIs for the office. Zip code. We are in the process. That's something that we will be focusing on in terms of looking at both north and south Meridian to try to get our 83652 and 83646 in alignment with our area of city impact and, then, the -- we will be preparing for a new administration, you know, and what does that look like. I don't think -- it's been a lot of years since the city's gone through that, but from records retention, developing budgets -- I was able to speak to Council President Borton last week, I think we talked a little bit about the budget and what does that look like for a new administration coming in and the needs that that position may have. So, we are starting through that process and with that I will stand for any questions before I turn this over to Vincent. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Robert, you mentioned a monument sign that the Mayor's office completed. What is that? Did you build one? Simison: Well, I was listed as the project coordinator in working with purchasing on that. So, it wasn't us that built it. That is the one that we did for the city that was completed outside of Tru Hotel. Palmer: Okay. Thanks. De Weerd: Any other questions? Thank you, Robert. Simison: Thank you. Meridian City Council Meeting Agenda April 2, 2019 – Page 40 of 395 Meridian City Council March 19, 2019 Page 36 of 48 De Weerd: Vinny. Koontz: Hello. De Weerd: Nice to see you. Koontz: Madam Mayor, Members of Council. I'm here to present other government. The shadow of government. Okay. So, I have the honor of working on several important strategic initiatives for our city. I'm focused on the administration and improvement of our city's five year strategic plan. Identifying and developing key performance indicators with our departments and process improvement help make our services more premiere. Accomplishments. I know you guys love talking about the strategic plan. So, 53 percent complete of the strategic plan. Pretty good accomplishment. We are over halfway done with it. So, it's about where we should be. We have added several new initiatives for both our citizens and our employees. One example -- and the Mayor highlighted this in her presentation was our citizen -- our citizen commission in parks and rec identified gaps in our summer recreation programs and they are currently working on filling some of those needs with new programs and new services to our community. In addition to that, succession planning inside of our city within human resources was identifying needs inside our departments to be filled from internal candidates. I have been collaborating with departments to identify key performance indicators for our programs and services and we are utilizing the investment we made with Peak to train our employees to identify ways to improve processes -- processes and make more effective programs. The strategic plan. 3-D-1. In this we have completed a survey with our city departments to determine future needs to complete their initiatives. Over 40 employees have worked on and worked well in achieving their objectives and this is important, because one thing I wanted to highlight is over a third of our strategic objectives have been modified or changed based on staff input or community feedback that we have received over the course of the last couple years of the strategic plan and, actually, looked at it as a good thing, because it's evolving. We are learning. This is our first plan and this is a good opportunity for us to say what's working well. What's not working well. And it has not sat on the shelf. Performance measurement. Our goal in performance measurement is to provide data to key decision-makers, staff and stakeholders so they can make more informed decisions. I have worked to assist city departments to develop meaningful measures of success and continue that effort at this time. We have asked questions and involved staff to say what do we have with our strategic initiatives? What are we tracking with operations in our departments and how do we measure success going forward? We have reviewed the Comprehensive Plan, Strategic Plan, Parks master plan and several other documents that are guiding documents inside of the departments as a result. We asked questions such as how are we meeting the needs of our customers, both internally and externally? How can we determine what our customers need ours? Are we tracking via survey? Are we measuring? What are we measuring and what are we tracking? What kind of information do we have at the disposal of our -- of our staff and our citizens? And what should be tracking to tell us if we are doing well and not so well? What are we tracking and what should we be to give us -- give our stakeholders and staff more information to make better decisions. Continuous improvement. This is teach and Meridian City Council Meeting Agenda April 2, 2019 – Page 41 of 395 Meridian City Council March 19, 2019 Page 37 of 48 beyond. This is part of our continuous improvement program. Part of our continuous improvement program is to identify opportunities for better services to show the -- through the use of data showing the results that happen because of the use of the data. A couple facts. We have -- we have trained 43 people in continues -- continuous improvement techniques throughout the city. They have gone through the Peak training and we have got more to come. We have also trained six additional people as facilitators that will help us train additional employees without having to get services from outside consultants, which will save us money and allow us to teach ourselves to our own staff. There is an exciting example in the innovation team pilot down in Community Development. There is nine individuals who self selected from across all of the divisions in Community Development that are currently learning the Peak techniques that we have taught as a classroom setting. They are exploring multi-family housing, new commercial and several other topics as a result of their learning and will be serving over the next year to make that improvement for the department and for the needs of our community. In addition , our trainers will be weighting an effort to use improvements into our culture. They are asking the big questions of why. Why do we do a particular service? Is there a better way to make this process and does it solve problems and how can we improve it overall. And so they are going to be taking their time and moving into the departments and building that -- building that culture in the departments. So, over the next couple months, six to 12 months, a couple of -- a couple of key things we are going to be doing. The facilitators are going to build awareness, build a list of process improvements and get their people speaking the same language when it comes to continuous improvement. The how, what and the why. They are going to be training employees. They have a self-selected interest to build an army of innovation allies to -- to work on continuous improvement in their departments. They are going to develop action plans in order to show improvements that will make a difference for our community. Show the value of services that we can improve, both internally and externally. We are planning on involving our customers, stakeholders and others to improve -- to improve to make our services premier. One example that we have had previously was -- that I presented was the contract review project. We collaborated, evaluated and made simple improvements on an existing process and are in the process of creating standard operating procedures to ensure that our processes are the same every time and can be audited to that result. Kind of the -- the overall goal of continuous improvement is kind of answer to the following questions. How much time did we save? How many -- how many items or widgets did we make? What is that time worth? How many mistakes did we make before we made an improvement? And how did we improve? What is the error rate on the process and are we any better off from the service that we improved? Budget dollars work. So, I -- I look at everything you do in this -- in this section as relating back to responsive government. Our strategic plan allows us to accomplish the long-term goals. Our key indicators in reporting allow us to see how we are doing and what is working and not working to achieve those goals. An analysis of the data allows us to solve problems and continue to do those things well and not do the things that we are not doing well. Having people trained to identify opportunities through continuous improvement and Peak will prevent problems before they arise and allow us to take proactive and decisive actions. Both those things working together will allow the continuous improvement program that will free up time and space for our staff to work on other more pressing matters and I stand for any questions. Meridian City Council Meeting Agenda April 2, 2019 – Page 42 of 395 Meridian City Council March 19, 2019 Page 38 of 48 De Weerd: Thank you, Vince. Little Roberts: Madam Mayor? De Weerd: Mr. Little Roberts. Little Roberts: Madam Mayor. Vince, no questions, but thank you and I have had the privilege of having two different employees from two different departments come to me and tell me how excited they are about how Peak is working in the departments and things and not only is the process itself working, but the attitude of our city wants us to examine processes and improve them from employees out I think is just wonderful and phenomenal and they appreciate it as well. Koontz: Council Woman Roberts, I appreciate that. There is -- there is a lot of momentum that we are going to be building with this and I think those -- those speak to themselves. I want to have more results and a lot more that we can show, but part of it is building that culture. It's training the employees to kind of reach that critical mass to where we have enough people that can work together as a gr oup to work on these projects and so it is about building that -- that up and building that culture and awareness. So, appreciate that. Thank you. Little Roberts: Thank you. De Weerd: And building it from those that are actually doing the work, because they can see where the process is broken. Any other questions for Vincent? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Just a comment. Next time don't use the Empire as the bad guys. They are the good guys, they are not the bad guys. Just a preference. Koontz: Councilman Cavener, that with a shameless Star Wars plug, so I had to -- Cavener: I love them. De Weerd: Thank you. Koontz: Thank you. De Weerd: May the force be with you. That's about all I know about Star Wars. Emery: All right. Madam Mayor, Members of Council, I'm happy to be here tonight. My final report to you. Here we go. Tomorrow's my last day if you didn't know. So, just got this report in just in time. So, let's talk communications. It's my favorite thing to talk about. Meridian City Council Meeting Agenda April 2, 2019 – Page 43 of 395 Meridian City Council March 19, 2019 Page 39 of 48 I love to talk about communications and I love to communicate. So , here we go. I'm all about process efficiency, because I always want to do more. So, I always want to look at how can I do more by streamlining the processes already in place. So, a lot of things I do with the city are trying to streamline the processes that we do. One of those things was organizing our photos. I was getting a lot of people asking for p hotos and I didn't have any access to them, because they were buried in some department's folder that I didn't have access to. So, a big project this year, we moved all of the photos from all departments onto the Y drive. We came up with a naming convention, I did a committee, so that everyone would have representation from the departments and it was a project to get all of those photos moved and organized in a manner that all of us agreed on that everyone could find the photos and now it's so much easier. It's on the public drive for all of us to find. We also uploaded photos to Google Photos, ones that are requested quite frequently, so instead of sending ten e-mails to someone because the photos are large , we now can send them a link on Google Photos to share our beautiful photos. So, that was a big project. Also kept up with records retention and the communications folder and updated the graphics manual. It had not been updated since 2013. So , it really needed an update and that was the focus of this year. I worked on identifying new communication trends and tools and one of those tools was Lumen 5. I really love Lumen5 . It's a great way to produce a video very very quickly that has words on the video. So, you don't have to turn the sound up. The biggest thing we are learning is that people are watching a lot of video on Facebook, but they are doing it with the sound off. They are doing it while they are in a meeting and they don't want people to know they are on Facebook and they are watching a video on silent. So, if you can have the words on there they can do -- they can watch the videos in their meeting and they are still getting the content. So, in fact, 90 percent of people that engage with our videos are watching them on silent. So, that's why Lumen5 is so important and a lot of the departments have picked that up as well. MailChimp. Big changes with MailChimp. I'm going to do separate slides on that, because I'm really excited about that. Life stream updates. We do now have a page on our website meridiancity.org/live.html. We are working to drop the .html. But the biggest thing is we can now market our own website to get people to watch our live streams. Commission meetings and Council meetings and -- and we still want them to subscribe to our YouTube page so they get those notifications, but it is always nice when something can be live on your website. Live stream updates also include the fact that we have Wowza now, which means we can live stream on Facebook and YouTube at the same time. I also held media training this past year. Last spring I held four classes. This spring -- in fact just this month I held two classes and I really think this is something we should offer to employees at least once a year. The reason media training is so important is because you really need to have your subject matter experts on camera delivering the information. It builds trust and it's about a representation for our city. You don't want t o have me talking about the Waste Water Resource Recovery Facility, because I don't live it and breathe it every day. So, I'm -- I'm not going to come off as authentic as someone who does live and breathe it every day for the viewers and the citizens. So , I really do think it's very important, but I also want people to feel comfortable , because the media -- they are our customers, too, so I want people to feel that comfort level. All right. Let's talk about MailChimp. Very exciting. We went from less than 10,000 subscribers to more than 25,000. We are at 25,289 in April. How we did this. Real life. We had a big e-mail Meridian City Council Meeting Agenda April 2, 2019 – Page 44 of 395 Meridian City Council March 19, 2019 Page 40 of 48 list with utility billing. So, I worked with IT to integrate that utility billing e-mail list with MailChimp, so that anytime we get a new utility billing customer it automatically updates. They do have the option to opt out, but why do this? Well, bringing information to people is so much nicer. It's a service we offer to them , because, then, they don't have to come to our website to try and find the mail button. We are giving them information about their city and also we found a way to make -- I was updating the website. Every time I send out a new newsletter, a news release I was going to our website and updating it. We have now integrated those pages with MailChimp, so anytime a news release or newsletter goes out it automatically populates on our website . Another thing to streamline processes, so you can do more. We have had an amazingly low unsubscribe rate on MailChimp. That was one thing I was worried about. I wondered how many people would unsubscribe. It's been very low. So, we are providing a service that people were wanting. It's interesting to note, too, how many people are consuming the information. If you look at the graph we are consistently above the industry average and, then, if you look at correlation analytics, it's really interesting. For example, Renee back in -- it was last May and we have seen this with Christmas in Meridian, too. She saw a huge spike in the unplug site, the day we sent out our newsletter and it was also the main click in that newsletter. So, there is that correlation where we are really -- where people are really engaging the newsletter. Social media. It is one of our best ways to reach people -- and this slide is not showing up for some reason. We are missing some. There. Oh, I had animations on them and didn't realize. So, there you go. It's a moving slide. Well, social media is just -- it's a fantastic way to reach people and we have all these different channels where we can reach different demographics. The ones that reach the widest variety of demographics are -- are Facebook and NextDoor and I really want to focus right now on NextDoor, because I don't know if you saw that and maybe I went back to -- went forward too quickly -- 27,571 members. In fact, I just checked it before the meeting, because I thought I better check it, it goes up every week by a lot. So, we have added now that 5,500, it's more like 6,000 in the last year. So, NextDoor -- we have been posting news events, traffic alerts on there. I have a monthly meeting with ACHD where we talked about the different projects coming up, so we can let people on NextDoor know that. Public Works, spring flushing so we can really hone in on those different neighborhoods where it's happening, so we can give them a heads-up. Forty-eight percent of households are on Next\Door. That's huge. And so if you look at our top impressions, our Public Works posts are really -- a really -- they love those. The registration for the Hefty energy bag program, that was a big one. But the fifth one I really want to point out, we discussed this that it was really important that we let people know on NextDoor we can't see their conversations in their neighborhoods and sometimes people will say, oh, well, didn't you see the conversation happening in our neighborhood. We can't see it. So, we have been trying to educate people about that, saying if you have a question we are your resource, send us an e-mail, but we can't see your conversation. So, that was one of -- one time when we educated and you can see it was a big hit. Another big hit is polls pulled. It is just phenomenal the response we have gotten on polls. Nine hundred and twenty-one votes on this bus system poll that we did. Palmer: Madam Mayor? I just want to make sure everybody got a chance to see the results of that super scientific poll there. That is all. Meridian City Council Meeting Agenda April 2, 2019 – Page 45 of 395 Meridian City Council March 19, 2019 Page 41 of 48 Emery: Yep. All right. So, let's talk to strategic plan. We have now established a best practices for marketing and we have event follow-up forms and that was part of 3-A-1 and, really, the goal of that is to make sure that we are -- we have a checklist provided to people, so that they have just a list to go by when they are preparing events for the city. It seems like it streamlines marketing for events and, then, really that evaluation form helps us evaluate how we are marketing our events and how we can do better and if we got our message out to the right audience. I helped on 3-A-2. We are implementing more polling on NextDoor as you saw and it's -- we have seen great response on those polls. I worked on 3-C-3 as well with IT and helped craft an emergency communications plan. Next up for this position they will be helping Hillary on a marketing plan for art in public spaces in Meridian. Let's talk about the budget dollars at work. The utility billing newsletter is a great success. It's just our way of reaching so many more customers, because we also check our mailboxes every day. Mailers are not dead. It's a good way to reach people. Welcome to Meridian. We revamped that and streamlined that process this year, so it's a lot more cost-effective now as well. We set out a magazine with a QR code, giving them -- giving our new residents that information right at their fingertips and the process has been working great with our printing company ESP, so it's really a quick and efficient process every six months now. The drone has increased our ability to capture photos and videos from the air and you do have another certified pilot in City Hall and that's Colin Moss. So, that's exciting. And, then, you talk about advertising. We really focus on social media, because that's where we see the best ROI, especially on Facebook. For example, for 20 dollars for a four day Monday through Thursday Public Works ad you can reach up to 2,400 per day. That not only gets people's attention to the event, but also the fact that we have a city page. So, we are getting two points out there and we want people liking our page, so they are following our posts. Another FY-19 enhancement is the public safety information officer. Well, status, we are in the final round. We are so close and we did have a first candidate this fall who fell through , but, like I said, the final round now, so I would stay tuned for an announcement shortly. I provided this enhancement. I think this enhancement is very important for this city. We are one of the safest communities in Idaho. We need to continue to keep that trust with our community and build on that and it's so important to be proactive with tha t safety message and I have so many ideas for this position that I have passed along. A Public Safety Newsletter would be fantastic and lots of -- lots of ideas on social media. So, it's really an untapped resource for us at this point and I'm really -- really excited to see what this person can do with the position. Other communication highlights. I have had three communication interns from BSU over the past year. That's been really good to teach them about not only marketing and communications, but they get to learn about the government process a lot and, then, I have a fantastic intern Alex. He is our video production intern. He's been with us for a couple of years. He does a great job and he is the reason live stream is so dynamic right now. He is running that for us and he is running that for you every Tuesday. Meeting goals. I had some big meeting goals this year. I was the part of a committee to put together the employee meeting. I was really excited about that employee meeting. I really saw the need for something like that and so I was -- you know, I had heard from employees beforehand, they were a little -- I have a lot of work to do, but every employee I spoke to afterwards said that was the best day, I'm so glad I went, I loved it, it was so much better than I ever imagined. So, I really loved Meridian City Council Meeting Agenda April 2, 2019 – Page 46 of 395 Meridian City Council March 19, 2019 Page 42 of 48 the feedback we received from that meeting and I am excited. I hope to see that become an annual thing for the city. And, then, the State of the City, the greatest home. I'm so happy that that came off the way it did with the -- you know, I watched the greatest film in one day this summer and we just -- I thought let's have these choirs be part of it and have this live production. We have never had a live production element. So, to have something like that come off, that was one of my goals for the year and I'm really excited with the way it turned out. We produce a lot of videos. I'm not going to go over all of those. You can see it as a big long list there and that's not even all of them. This is just the bigger projects. But I wanted to show you this one. I don't know if we have volume. Even texting and walking is bad. Filming this was really fun. If you text and drive looking down won't be the only consequence. De Weerd: Best person to do that. Emery: I know. And he had to do it in one take. So, I show that because we did that -- we shot that -- that's an important message to put out, but we also -- Channel 6 and Channel 9 aired that public service announcement for us as well and -- and that was a -- that was a -- we did not have to pay for that time, but it's a really really important message to put out and it was really fun to film , because it was not warm that day when he fell into the fountain. But no one was hurt and The Village at Meridian did approve it, but no one else is supposed to do that. There is my disclaimer. All right. Let's talk about the annual report. I'm so excited about the annual report. We -- it is all online this year. It's a website. So, this is a pilot program mixture. If they choose to do it again online IT is ready to build a template for this. So, it would live on our website, which is really important to bring it back onto our website. It saved time. It saved resources. And it saved printing costs and made it easier for citizens to access information from where ever on their mobile devices and, then, since I had the template, I was able to help fire put together their online annual report using the same template and it didn't take me very long. So, they had all the content, of course, but we already had this template -- template set. So, that's -- there is so many ways you can use it and right now we are up to 850 views. Those kind of matrix are not something you can have with a magazine. So, matrix, making it more simple, making it more cost-effective I love the online annual report. And 2019 goals. For the next person. Track -- I like -- these were goals I set, but I really think it's something that might help just tracking the public response and media coverage. We -- I do the news recap e-mails, maybe something putting it in a spreadsheet of sorts , so we see all the media we are getting, because we do get a lot. Streamline branding. Build a more cohesive look for all, including commissions. City 101. We want to help with video and marketing that series and maybe do some short videos to talk about what each department does. One minute to a minute 30 and tracking those of correlated analytics for -- more closely when you send the e-newsletter what does that do to this site, that sort of thing. And, finally, thank you for the memories, City of Meridian. It -- it has been amazing. A great four and a half years. I really have had the best bosses and team I could ask for. This has been the best place I have ever worked. I have loved working here. This decision was not easy, but I will -- starting April 1st I will be the director of marketing and PR for West Valley Medical Center. So, like I said, it was not a decision that I took lightly. It was tough. But I am excited to announce that Shandy Lam will be Meridian City Council Meeting Agenda April 2, 2019 – Page 47 of 395 Meridian City Council March 19, 2019 Page 43 of 48 taking over as communications manager. I have full confidence in her. Vince mentioned succession planning. We had already started this with her. She will do a phenomenal job and the biggest thing is when I go somewhere I always want to leave it better than how I stepped into it and I feel that I -- I hope that I would be able to do that and I feel that she will be able to carry on the torch. She will do a great job. And with that I stand for questions. De Weerd: Thank you, Kaycee. Any questions from Council? Mrs. Little Roberts. Little Roberts: Madam Mayor. Kaycee, no questions, but just job well done. You definitely have left all of us better than when you arrived. Emery: Oh. Well, thank you. I appreciate that. De Weerd: Other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Mr. Cavener. Cavener: I echo that. I look forward to these reports each year and I think that you have done a remarkable job of elevating the status of our community and -- and I really appreciate not just the role of your position that you as an individual , I know that there were lots of people that came before you to try and accomplish the same great things that you have done in spades and there is lots of things that I would love to touch on to say thank you for this, thank you for this, but just we really appreciate it. I wish there was a way we could convince you to stay. I think the world of Shandy. I think she is going to do a great job, but you definitely made your mark on our community and I appreciate it. Emery: Thank you. Thank you so much. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just -- I was kind of making a list of stuff. Your -- your work for the city has been pretty special, so I was trying to just kind of write down some of the characteristics of you which I think are extremely special and have made you successful and us successful. So, bear with me. I just -- you are extremely genuine in all respects. Thoughtful without exception. Driven. Extremely driven. Hard working. Wickedly intelligent. Poise under pressure. Loyal without exception. Honest as the day is long. And you keep work joyful. That's the -- the list that I think of when I look back at the work you have done for the city and it's the reason you have been extremely successful here. You and your family are going to be wildly successful -- successful going forward in whatever you do. It's exciting for your new opportunities. It's a sad loss for us, but these traits -- they are making you Meridian City Council Meeting Agenda April 2, 2019 – Page 48 of 395 Meridian City Council March 19, 2019 Page 44 of 48 just a great path forward for years to come. So, you mean the world and thank you for what you have been doing for us. Emery: Thank you. That was very nice. Thank you. It means a lot. Thank you. All right. Thank you, Madam Mayor. De Weerd: I'm not going to say anything, because I have jet lag and I'm emotional, so -- but add passionate and creative to that list, too. For sure. Emery: All right. Madam Mayor, Members of Council, thank you so much. It was great memories. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: With your permission, can we take like a five minute break, let everyone recharge their batteries and we can dive into the rest of meeting. De Weerd: You bet. (Recess: 8:18 p.m. to 8:28 p.m.) B. Parks and Recreation Department: Meridian Youth Baseball/Softball Agreement for Turf Renovator [Action Item] C. Parks and Recreation Department: Turf Renovator Budget Amendment Not to Exceed $12,995 (Net Zero) [Action Item] De Weerd: Okay. I will go ahead and reconvene this meeting and move to Item 10-B, our Parks and Recreation Department. Go with it, Mike. Barton: So, we are here this evening -- one of our best partners, Meridian Youth Baseball, has offered to purchase a turf renovator that connects to the back of our tractor. It's to remove those lips between the dirt infield and the grass and we are asking for your approval of the agreement that will allow them to donate that piece of equipment to us. De Weerd: Sweet. This pertains to Item 10-B and C. Any questions from Council? So, the first one, 10-B, is the agreement and Item 10-C is for the budget amendment. Bernt: Madam Mayor? De Weerd: Yes. Bernt: I move that we approve this budget amendment not to exceed 12,995 dollars for the Parks and Recreation Department baseball-softball turf renovator. Meridian City Council Meeting Agenda April 2, 2019 – Page 49 of 395 Meridian City Council March 19, 2019 Page 45 of 48 Borton: And the agreement. Bernt: And the agreement, yes. De Weerd: So, your motion was to approve Item B and C. Bernt: Yeah. Exactly what it was. Borton: Madam Mayor, that's what I heard. De Weerd: And that -- did I have a second? Did you second that? Borton: I did second all of that. De Weerd: Uh-huh. Cavener: I heard it. Bernt: He said it loud and proud. De Weerd: Loud and proud. The motion is to approve both items. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Works: WRRF Headworks Upgrades with Odor Control Budget Amendment Not to Exceed $481,546 [Action Item] De Weerd: Thank you, Mike. Item 10-D is under Public Works. I will turn this to Clint. Dolsby: Thank you. Madam Mayor, Members of the Council, the next item we have before you is a budget amendment for the headworks upgrade with the odor control project at the Wastewater Resource Recovery Facility to furnish additional FY-19 funding for this project. This project -- the key component of the Wastewater Resource Recovery Facility upgrades it's required to meet the demands of city growth and our NPDES permit. So, several factors arose during construction that would contribute to the need for this amendment, such as the purchase of the primary power system at the plant and utility conflicts. This amendment will provide funding for outstanding changes and contingency to finish this construction project this fiscal year. With that I will stand for any questions on this item. De Weerd: Council, any questions? Meridian City Council Meeting Agenda April 2, 2019 – Page 50 of 395 Meridian City Council March 19, 2019 Page 46 of 48 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, if there are no questions, I move that we approve the headwork upgrades with odor control budget amendment not to exceed 481,546 dollars. Cavener: Second. De Weerd: I have a motion and second to approve Item 10-D. Any questions from Council? Mr. Clerk, will you call the roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Ordinances [Action Items] A. Ordinance No. 19-1818: An Ordinance Adding A New Chapter, Chapter 3, To Title 8, Meridian City Code, Regarding Vehicle Sharing Programs; Amending Meridian City Code Section 4-2- 2, Regarding Party Responsible For Nuisance; Adding A New Section, Meridian City Code Section 7-1-9, To Title 7, Chapter 1, Meridian City Code, Regarding Electric Power-Assisted Bicycles And Scooters; Adding A New Subsection, Subsection 7-1-9(F), To Meridian City Code Section 7-1-9, Regarding Prohibited Parking; Adopting A Savings Clause; And Providing An Effective Date De Weerd: 11 -A is Ordinance 19-1818. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1818, an Ordinance adding a new chapter, Chapter 3, to Title 8, Meridian City Code, regarding vehicle sharing programs; amending Meridian City Code Section 4 -2-2, regarding party responsible for nuisance; adding a new section, Meridian City Code Section 7 -1-9, to Title 7, Chapter 1, Meridian City Code, regarding electric power-assisted bicycles and scooters; adding a new subsection, Subsection 7-1-9(f), to Meridian City Code Section 7-1-9, regarding prohibited parking; adopting a savings clause; and providing an effective date . De Weerd: Okay. You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Okay. Council, seeing none, do I have a motion to approve? Meridian City Council Meeting Agenda April 2, 2019 – Page 51 of 395 Meridian City Council March 19, 2019 Page 47 of 48 Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: I move we approve Ordinance No. 19-1818 with suspension of rules. Bernt: Second. De Weerd: I have a motion and a second to approve Item 11 -A. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Item 12. Anything under this item? There are two upcoming events since -- with our fire department. We have car seat inspections on the 21st from noon to 3:00 by appointment at Fire Station 1 and hands-only CPR training on the 25th at 2:00 and 3:00 p.m. at the Public Safety Training Center. And with that I would entertain a motion to adjourn. Borton: So moved. Little Roberts: Second. Cavener: Second. De Weerd: What did you move? Borton: So moved. De Weerd: You so moved. Borton: Shall I do it over? De Weerd: You so moved that -- to adjourn? Borton: Uh-huh. De Weerd: Is that what the second did, too? Meridian City Council Meeting Agenda April 2, 2019 – Page 52 of 395 Meridian City Council March 19, 2019 Page 48 of 48 Cavener: Correct. De Weerd: Okay. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) N / z / 14, MAY MY DE WEERD DATE APPROVED �cn/ Auh ATT ES r"op o z cny of LERK E ID1AN Ch"5-3nsor F-� the City Council Regular Meeting March 19, 2019 Agenda Item Number: Project File Number: 5 Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. Meeting Notes: City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 A Project File Number: Item Title: Approve Minutes of February 21, 2019 Joint Meeting with City Council and Planning and Zoning Commission Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of F ebruary 21, 2019 J oint M eeting with City Council and Planning and Zoning Commission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 7:37 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 5 of 652 Meridian City Council - Planning & Zoning Joint Meeting February 21, 2019 Page 34 of 34 in your packet is fine. That's part of the record. But if you pull up something else and you want to discuss something else that isn't in the record, but maybe it's on these cut sheets or something else or Google it -- please, don't Google too much. But if somehow -- make sure you bring up -- what are you looking at, because now that can, then, become part of the record. So, just raise the issue -- I have looked -- you know, I have looked at this other map we have in our -- in our -- that isn't in our packet I want to talk about it. Fine, let's put it up on the screen and talk about it. So, make sure we are making sure we are clear -- because gathering it in the meeting outside of the record is no different than talking about it outside in the grocery store. De Weerd: Okay. Well, thank you of hours with us before your evening a motion from Council to adjourn. Cavener: So moved. De Weerd: Do I have a second? Little Roberts: Second. all and thank you for coming and spending a couple meeting. We appreciate that. And I would entertain De Weerd: I have a motion and a second to adjourn the special meaning between City Council and Planning and Zoning. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:50 P.M. (AUDI RECORDING ON FILE OF THESE PROCEEDINGS) 9 MAYOR TAM Y DE WEERD DATE APPROVED ATTES / `=Go�PoftATEp q �cGs C. AY CO S, CI CLERK (' Cirti�r o - w m j�jAN� n�2a SEAL .' City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 B Project File Number: Item Title: Approve Minutes of March 5, 2018 City Council Regular Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of M arch 5, 2018 C ity C ouncil Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 3/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/11/2019 - 7:24 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 40 of 652 Meridian City Council March 5, 2019 Page 62 of 62 EXECUTIVE SESSIONS: (9:28 p.m. to 10:48 p.m.) Palmer: Mr. President? Borton: I would entertain a motion to come out of Executive Session. Milam: Move we come out of Executive Session. Little Roberts: Second. Borton: All those in favor say aye. MOTION CARRIED: ALLAYES. Borton: Motion to adjourn. Milam: I move that we adjourn. Little Roberts: Second. Borton: All those in favor? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:48 P.M. (AUDIO R CQ�EitFr41SI-F-1 OF THESE PROCEEDINGS) 3 / I q MAYOR TAMMY DE WEERD DATE APPROVED ATTES . C. rY COL S CITY CLERK Com►'[ E jDIAbq � ANO SEAL/ TEDA City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 C Project File Number: Item Title: Stonemont Subdivision No. 1 Sanitary Sewer and Water Main Easement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: Title of I tem - Stonemont S ubdivision No. 1 Sanitary S ewer and Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 12:00 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 103 of 652 ADA COUNTY RECORDER Phil McGrane 2019-021792 BOISE IDAHO Pgs=5 VICTORIA BAILEY 03/20/2019 10:07 AM CITY OF MERIDIAN. IDAHO NO FEE Proiect Name (Subdivi2lon): Stonernont Subdivision SS Sanitai•v Sewer & Water Main Easement THIS Easement Agreement, made this Jq4n day of , 2019) between Roger L. and Susan 1. Anderson ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an casement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement 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 casement and right-of-way unto the said Grantee, its 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 GRANTOR, covenants and agrees that, Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Stoneniont Subdivision Sanitary Sewer and Water Main Easement REV, 03/26/2018 Meridian City Council Meeting Agenda March 19, 2019 — Page 104 of 652 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 0 5 o f 6 5 2 GRANTEE: CITY OF MERIDIAN �Q0aATED,4 , ST 2G � Cif y or Tammy d e •d, Mayor E IDjAN� � IOAHp SEAL/ by C.Vy Coles, City Cleric STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-1 q 2619(date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLEN COMMISSION #67390 Notary Signature NOTARY PUBLIC My Commission Expires: 3a— STATE OF IDAHO MY COMMISSION EXPIRES 3128/22 Stonemont Cross Access, Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 0 7 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 0 8 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 D Project File Number: Item Title: Sundance Shell and Core Water Main Easement Meeting Notes: / / (� 6,6 +ft I TEM SHEET C ouncil Agenda I tem - 6.D. Presenter: Estimated Time f or P resentation: Title of I tem - Sundance Shell and Core Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 12:02 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 109 of 652 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 0 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 1 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 2 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 3 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 4 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 E Project File Number: Item Title: TM Crossing Subdivision Water Main Easement #1 Meeting Notes: ��9 I TEM SHEET C ouncil Agenda I tem - 6.E . Presenter: Estimated Time f or P resentation: Title of I tem - T M Crossing S ubdivision Water M ain Easement #1 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 7:24 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 115 of 652 Project Name (Subdivision): TM Crossing Subdivision Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional infonnation). ADA COUNTY RECORDER Phil McGrane 2019-021793 BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/20/2019 10:07 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS Easement Agreement, made this day of B_a_rLh, 2019 between Magellan Building LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee a non-exclusive right-of-way for an easement for the operation and maintenance of water mains 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 ofmater -mains and their allied facilities, together with their maintenance, repair and replacement 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 patties 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, blush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE ' GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become pail of, or lie within the boundaries of any Water Main Easement Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 7 o f 6 5 2 GRANTEE: CITY OF MERIDIAN rVoll TEDA(/GGsr Tammy r= a° 01 or w 1 E IDIA ,pAHN test by C.J y Coles, City Clerk SEAL STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on3'1'9'lQ (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARL NNAY !'rni���-p y' 06L� COMMISSION 0673N Notary Signature NOTARY PUBLIC My Commission Expires: �7 r� `99 ,qdQ a STATE OF IDAHO 1MY COMMISSION EXPIRES 3/28/22 Water Main Easement Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 1 9 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 2 0 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 2 1 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 G Project File Number: Item Title: Verado Subdivision No. 3 Sanitary Sewer Easement Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.F. Presenter: Estimated Time f or P resentation: Title of I tem - Verado Subdivision No. 3 S anitary Sewer Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 3/15/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/15/2019 - 7:32 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 122 of 652 ADA COUNTY RECORDER Phil McGrane 2019-021794 BOISE IDAHO Pgs=5 VICTORIA BAILEY 03/20/2019 10:08 AM CITY OF MERIDIAN, IDAHO NO FEE J!rolect Norim(Subdivision): ,Sanitary Sg)vci- Ensement Number: Identify this Easement by sequential number if Project contains more than one sanitary saver casernent. ( See instructions for additional information). THIS Easement Agreement, made this -YLO day of , 20betweenLL(- ('Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be, received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey Unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, Sanitary Sewer Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 2 4 o f 6 5 2 GRANTEE: CITY OF MERIDIAN Tammy d e •d, Mayor est by C. ay Coles, City Cleric IEDAU Q � �= 01V of w E IDIANf-- IOAHO SEAL ') STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on .3"l9-19 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLEAY COMMISSI=%390 Notary Signature NOTARY PUBLIC STATE OF IDAHO My Commission Expires: MY COMMISSION EXPIRES 31=2 Sanitary Sewer Easement REV. 03/26/18 Ver'3(-A(>3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 2 6 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 1 2 7 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 G Project File Number: H-2019-0014 Item Title: Final Plat for Oaks North Subdivision No. 1 Meeting Notes: By Toll Southwest LLC. Located on the North Side of W. McMillan Rd. midway between N. McDermott Rd. and N. Black Cat Rd. I TEM SHEET C ouncil Agenda I tem - 6.G. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Oaks North S ubdivision No. 1 (H-2019-0014) by Toll Southwest L L C , L ocated on the North side of W. M cM illan Rd. midway between N. M cD ermott Rd. and N. B lack C at Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 7:29 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 128 of 652 Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0014 Oaks North No. 1 LOCATION: North side of W. McMillan Rd., midway between N. McDermott Rd. and N. Black Cat Rd, in the SE ¼ of Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION The applicant, Toll Southwest, LLC., has applied for final plat approval of 129 building lots and 17 common lots on 47.74 acres of land in the R-4 and R-8 zoning districts. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda March 19, 2019 – Page 129 of 652 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 47.74 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) Single-family residential Current Zoning R-4, R-8 Lots (# and type; bldg/common) 146 (129 bldg./17 common) Phasing plan (# of phases) Number of Residential Units (type of units) 129 single-family residential Density (gross & net) 2.70 gross, 5.32 net Open Space (acres, total [%] / buffer / qualified) 12.37 acres, 4.9%/ 0.68 acres arterial buffers, 4.18 acres collector buffers and open areas; 5.71 acre park Amenities Park, pool, pond, micropaths History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13- 014 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda March 19, 2019 – Page 130 of 652 Page 3 III. APPLICANT INFORMATION A. Applicant/Owner: Toll Southwest, LLC. 3101 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Representative: Becky McKay, Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 IV. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. There is one (1) fewer building lot and fourteen (14) more common lots shown on the proposed final plat than were depicted on the preliminary plat. Because the number of building lots has decreased and the amount of common space has increased, staff finds the proposed plat is in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. NOTE: The applicant is processing a development agreement modification to change the overall concept plan for the Oaks development. This application was continued until the April 16, 2019 City Council hearing to determine the feasibility of the requested changes. As part of that modification staff has requested an updated open space exhibit and a comprehensive list of the proposed amenities for the entire development. Although the MDA has not been finalized, the applicant has provided staff with an exhibit that details the proposed amenities for the central park as proposed with the DA modification. Because staff is supportive of the open space and the amenity package, staff has included it as an exhibit, however, the current recorded DA only requires the construction of a pool and changing rooms. Approval of the new amenity package is predicated on the approval of the DA modification by City Council. Meridian City Council Meeting Agenda March 19, 2019 – Page 131 of 652 Page 4 Seven (7) of the proposed building lots and one (1) of the common lots, (Lots 14-19, Block 7; Lots 1 and 5, Block 4) are split-zoned R-4 and R-8 (Exhibit VI.E). Staff recommends the applicant obtain approval of a rezone application or revise the boundaries of affected lots prior to signature on the final plat for this phase of development to clean-up the zoning. Open space planned for this phase consists of seventeen (17) common lots which includes a central 5.71 acre park, pool, pond, pocket parks and micropath system. This phase contains 12.37 acres, or 25.9%, qualified open space and complies with the overall open space and site amenities approved with the Oaks North development. A. Dimensional Standards (UDC 11-2): The minimum lot size required per dwelling unit is 8,000 square feet in the R-4 zoning district and 4,000 square feet in the R-8 zoning district. The minimum proposed property size for this phase is 6,600 square feet, with an average lot size of 8,312 square feet. Proposed lots are in compliance with the dimensional standards for the R-4 and R-8 zoning districts. B. Access (UDC 11-3A-3, 11-3H-4): Two (2) access points are proposed to W. McMillan Rd. via N. Trident Way and N. Rustic Oak Way. Stub streets are proposed to connect to future phases of the Oaks North via W. Rico Dr. C. Landscaping (UDC 11-3B): Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum five-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of one (1) tree is required per 100 linear feet of pathway. The proposed landscape plan is in compliance with these standards. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-3A-17 and UDC 11- 3G-3B.5. Sheet L1.2 indicates “DM” trees to be located adjacent to the eight-foot parkway; this abbreviation is not referenced within the plant schedule key. The landscape plan shall be modified to include the full name of the proposed tree. The proposed tree type shall be in compliance with the standards in UDC 11-3A-17E. D. Fencing (UDC 11-3A-6, 11-3A-7): Proposed fencing within the subdivision includes six-foot vinyl adjacent to property lines in accord with UDC 11-3A-7b. Four-foot vinyl privacy fencing is proposed adjacent to common open space and is in accord with UDC 11-3A-7b. Details have been submitted with the landscape plan and are included in Exhibit VI.C. E. Parking (UDC 11-3C): The parking lot servicing the pool and clubhouse area currently shows 14 sequential parking spaces. The parking lot shall be revised to comply with the landscape standards in UDC 11-3B-8 prior to application submittal for CZC and DES. F. Certificate of Zoning Compliance and Design Review A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. The proposed plans submitted with these applications shall comply with UDC standards and the design standards in the Architectural Standards Manual for commercial districts. Meridian City Council Meeting Agenda March 19, 2019 – Page 132 of 652 Page 5 V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 133 of 652 Page 6 VI. EXHIBITS A. Preliminary Plat (date: 8/6/2013) Meridian City Council Meeting Agenda March 19, 2019 – Page 134 of 652 Page 7 B. Final Plat (date: 1/22/2019) Meridian City Council Meeting Agenda March 19, 2019 – Page 135 of 652 Page 8 Meridian City Council Meeting Agenda March 19, 2019 – Page 136 of 652 Page 9 C. Landscape Plan (date: 1/27/2019) Meridian City Council Meeting Agenda March 19, 2019 – Page 137 of 652 Page 10 Meridian City Council Meeting Agenda March 19, 2019 – Page 138 of 652 Page 11 Meridian City Council Meeting Agenda March 19, 2019 – Page 139 of 652 Page 12 Meridian City Council Meeting Agenda March 19, 2019 – Page 140 of 652 Page 13 Meridian City Council Meeting Agenda March 19, 2019 – Page 141 of 652 Page 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 142 of 652 Page 15 D. Conceptual Central Site Amenity – FOR REFERENCE ONLY, DESIGN NOT FINAL Meridian City Council Meeting Agenda March 19, 2019 – Page 143 of 652 Page 16 E. R-4 and R-8 Split-zoned Parcels Meridian City Council Meeting Agenda March 19, 2019 – Page 144 of 652 Page 17 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-13-008, RZ-13-015, DA Inst. No. 114030972; PP-13-014). 2. The applicant shall obtain the City Engineer’s signature on the final plat by December 7, 2019, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 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 submit a rezone application or revise the boundaries of affected lots prior to signature on the final plat for this phase of development to clean-up the lots that have split-zoning (zoning should go to the centerline of the street on local streets). 5. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed clubhouse and pool to verify compliance of the final site layout and building designs prior to submittal of a building permit application. 6. The final plat prepared by Land Solutions, signed by Clinton W. Hansen, shall be revised as follows: a. Include the recorded instrument number of the restrictive covenants for the subdivision. b. Note #10: Include the recorded instrument number of the existing development agreement (#114030972). If the DA modification associated with file #H-2018-0117 is approved and recorded prior to the City Engineer’s signature on the final plat, the applicant shall include the recorded instrument number of the amended DA. c. Note #11: Include the lots servient to and containing the Ada County Highway District’s storm water drainage system. d. Note #12: Include the recorded instrument number for the ACHD license agreement. e. Include instrument number for the recorded utility easements. f. Add all street names to Sheet 2 of 4 of the final plat (W. Webster Drive, W. Octavia Drive, W. Rico Drive, and W. Fawnridge Way are missing). 7. The landscape plan prepared by Jensen Belts Associates, dated 1/27/19, included in Exhibit VI.C shall be revised as follows: a. Include the full name of proposed tree type denoted with “DM” abbreviation in the plant schedule key. 8. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the recorded development agreement for the Oaks Subdivision. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location Meridian City Council Meeting Agenda March 19, 2019 – Page 145 of 652 Page 18 of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 11. Prior to signature on final plat, the applicant shall submit a public access easement for a detached, multi-use pathway to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. 12. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Water main heading east on Octavia Dr. from Rustic Oak Way should be 12-inch diameter. 2. The street light plan submitted with the construction plans appears to meet requirements based on a preliminary review. Lights will be installed on McMillan Road as part of the McMillan Road improvements. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 p rovided 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. Applicant must file an application for surety, which can be found on the Community Development Department website. 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 Meridian City Council Meeting Agenda March 19, 2019 – Page 146 of 652 Page 19 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 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 11-1-4B. 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 jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked Meridian City Council Meeting Agenda March 19, 2019 – Page 147 of 652 Page 20 EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 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 Water Department at (208)888-5242 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. 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 the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda March 19, 2019 – Page 148 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 H Project File Number: H-2019-0017 Item Title: Final Plat for Fairbourne Subdivision No. 1 Meeting Notes: by Fairbourne Development, LLC, Located at 6745 N. Black Cat Rd. I TEM SHEET C ouncil Agenda I tem - 6.H. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for F airbourne S ubdivision No. 1 (H-2019-0017) by F airbourne D evelopment, L L C, L ocated at 6745 N. Black Cat Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 7:29 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 149 of 652 Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0017 Fairbourne Subdivision No. 1 LOCATION: 6745 N. Black Cat Rd., in the SE ¼ of Section 21 and the SW ¼ of Section 22, Township 4N., Range 1W. I. PROJECT DESCRIPTION The applicant, Fairbourne Development, LLC., has applied for final plat approval of fifty-two (52) building lots, twelve (12) common lots and one (1) common driveway on 24.10 acres of land in an R- 8 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 24.10 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) SFR Current Zoning R-8 Lots (# and type; bldg/common) 65 lots total; 52 bldg., 12 common, 1 common driveway Phasing plan (# of phases) Number of Residential Units (type of units) 52 SFR units Density (gross & net) 2.16 d.u./acre gross; 5.08 d.u./acre net Open Space (acres, total [%] / buffer / qualified) 5.66 acres open space, 9.06% qualified Amenities Open space, clubhouse, pool, pathways Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) H-2018-0052, DA Inst. No. 2018-098361 Meridian City Council Meeting Agenda March 19, 2019 – Page 150 of 652 Page 2 III. APPLICANT INFORMATION A. Applicant/Owner/Representative: Fairbourne Development, LLC. 2701 E. Pine Avenue Meridian, ID 83642 IV. STAFF ANALYSIS The proposed final plat depicts 52 building lots, 12 common area lots, and one (1) common driveway lot on 24.10 acres of land in the R-8 zoning district. Development is required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. This is the first phase of development of the Fairbourne Subdivision preliminary plat (H-2018-0052). Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there are four (4) fewer building lots and five (5) additional common lots than were depicted on the preliminary plat. Because the number of building lots has decreased and the number of common lots has increased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. A. Access (UDC 11-3A-3, 11-3H-4): Two (2) access points are proposed from N. Black Cat road via W. Waverton Dr. and W. Highland Fall Dr.; no direct lot access is proposed or permitted via W. Chinden Blvd. B. Sidewalks (UDC 11-3A-17): A minimum five-foot wide sidewalk is required along both sides of public streets in accord with UDC 11-3A-17D and as proposed on the landscape plan. C. Landscaping (UDC 11-3B): Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum five-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of one (1) tree is required per 100 linear feet of pathway. The proposed landscape plan is in compliance with these standards. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-3A-17 and UDC 11- 3G-3B.5. The current landscape plan depicts the removal of five (5) existing trees; mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to confirm mitigation requirements prior to removal of any trees on the site. One (1) full-size and one (1) electronic version of a revised landscape including a mitigation plan shall be submitted to the Planning Division prior to signature on final plat. D. Fencing (UDC 11-3A-6, 11-3A-7): Proposed fencing within the subdivision includes six-foot solid cedar and six-foot semi-private adjacent to property lines in accord with UDC 11-3A-7b. Four-foot vinyl privacy and wrought iron fencing is proposed adjacent to common open space in accord with UDC 11-3A-7b. All Meridian City Council Meeting Agenda March 19, 2019 – Page 151 of 652 Page 3 proposed fencing shall comply with dimensional and setback requirements for the R-8 zoning district per UDC Table 11-2A-6. Fencing adjacent to all pathways and common open space shall meet the requirements of UDC 11-3A-7. E. Utilities (UDC 11-3A-21): This development is serviceable by the City of Meridian’s North Black Cat sewer trunk. Water service is to be provided by Suez Water Idaho. F. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision (see Exhibit VI.D). The rear and/or side of structures that face N. Black Cat Rd . (Lots 16 and 18-28, Block 1) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. G. Common Driveways (UDC 11-6C-3D) One common driveway is proposed in this phase of development. Per UDC 11-6C-3D, the applicant shall submit an exhibit depicting any lots using the common driveway, the setbacks, fencing, building envelope, and orientation of the lots and structures prior to obtaining signature on the final plat. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 152 of 652 Page 4 VI. EXHIBITS A. Preliminary Plat (date: 5/4/2018) Meridian City Council Meeting Agenda March 19, 2019 – Page 153 of 652 Page 5 B. Final Plat (date: 1/14/2019) Meridian City Council Meeting Agenda March 19, 2019 – Page 154 of 652 Page 6 Meridian City Council Meeting Agenda March 19, 2019 – Page 155 of 652 Page 7 Meridian City Council Meeting Agenda March 19, 2019 – Page 156 of 652 Page 8 Meridian City Council Meeting Agenda March 19, 2019 – Page 157 of 652 Page 9 C. Landscape Plan (date: 11/16/2018) Meridian City Council Meeting Agenda March 19, 2019 – Page 158 of 652 Page 10 Meridian City Council Meeting Agenda March 19, 2019 – Page 159 of 652 Page 11 Meridian City Council Meeting Agenda March 19, 2019 – Page 160 of 652 Page 12 Meridian City Council Meeting Agenda March 19, 2019 – Page 161 of 652 Page 13 D. Building Elevations Meridian City Council Meeting Agenda March 19, 2019 – Page 162 of 652 Page 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 163 of 652 Page 15 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0052, DA Inst. No. 2018-098361). 2. The applicant shall obtain the City Engineer’s signature on the final plat by September 4, 2020, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Civil Survey Consultants, Inc., by Glenn K. Bennett, shall be revised as follows: a. Note #12: Include a note stating ownership and maintenance responsibilities and which lots are to take access via the common driveway lot. b. Note #13: Include the approved addendum to the development agreement (Inst. 2018- 098361). c. Note #14: Include the recorded instrument number of the ACHD Landscape License Agreement. d. Note #15: Include the recorded instrument number for the restrictive covenants on file in the office of the Ada County Recorder. 5. The landscape plan prepared by Breckon Land Design, dated 11/16/18, included in Exhibit VI.C is approved with the following comments: a. The current landscape plan depicts the removal of five (5) existing trees; mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to confirm mitigation requirements prior to removal of any trees on the site. One (1) full-size copy and one (1) electronic copy of a revised landscape plan including the mitigation plan shall be submitted prior to signature on the final plat. 6. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 7. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 8. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. Meridian City Council Meeting Agenda March 19, 2019 – Page 164 of 652 Page 16 9. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision. 10. The rear and/or side of structures that face N. Black Cat Rd. (Lots 16 and 18-28, Block 1) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. The applicant shall be required to submit a CZC and DES application prior to submitting for building permit for the clubhouse and pool amenity. 13. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 14. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 15. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 16. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 17. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 18. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. B. Public Works Site Specific Conditions: 1. Water service to this development will be from the Suez Water Idaho’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). General Conditions: 1. 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 165 of 652 Page 17 2. Water service to this site is to be provided by Suez Water Idaho. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. 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 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 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 11-1-4B. 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 jurisdiction of an irrigation Meridian City Council Meeting Agenda March 19, 2019 – Page 166 of 652 Page 18 district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. 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 sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 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 Water Department at (208)888-5242 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. 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 the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161959/Page1.aspx Meridian City Council Meeting Agenda March 19, 2019 – Page 167 of 652 Page 19 D. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/161835/Page1.aspx E. NAMPA MERIDIAN IRRGIATION DISTRICT (NMID) No comment on the subject application. Applicant to coordinate with Mack Myers at the Settlers Irrigation District. F. SETTLERS IRRIGATION DISTRICT Plans must be reviewed and approved by Settlers Irrigation District prior to construction. Meridian City Council Meeting Agenda March 19, 2019 – Page 168 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 1 Project File Number: H-2019-0015 Item Title: Final Plat for Fairbourne Subdivision No. 2 Meeting Notes: By Fairboune Development, LLC. Located at NW Corner of N. Black Cat Road and W. Chinden Blvd. I TEM SHEET C ouncil Agenda I tem - 6.I . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for F airbourne S ubdivision No. 2 (H-2019-0015) by F airbourne D evelopment, L L C, L ocated at the NW corner of N. Black Cat Rd. and W. C hinden B lvd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 1:14 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 169 of 652 Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0015 Fairbourne Subdivision No. 2 LOCATION: North of W. Chinden Blvd. and west of N. Black Cat Rd., in the SE ¼ of the SE ¼ of Section 21, Township 4N., Range 1W. I. PROJECT DESCRIPTION The applicant, Fairbourne Development, LLC., has applied for final plat approval of fifty-nine (59) building lots, six (6) common lots and three (3) common driveways on 13.79 acres of land in an R-8 zoning district. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda March 19, 2019 – Page 170 of 652 Page 2 II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Owner/Representative: Fairbourne Development, LLC. 2701 E. Pine Avenue Meridian, ID 83642 IV. STAFF ANALYSIS The proposed final plat depicts 59 building lots, six (6) common area lots, and three (3) common driveway lots on 24.10 acres of land in the R-8 zoning district. Development is required to comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. This is the second phase of development of the Fairbourne Subdivision preliminary plat (H-2018-0052). Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there are the same number of building lots and three (3) additional common lots than were depicted on the preliminary plat. Because the number of building lots has stayed the same and the number of common lots has increased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. A. Access (UDC 11-3A-3, 11-3H-4): One (1) access point is proposed via N. Adale Avenue; no direct lot access is proposed or permitted via W. Chinden Blvd. Per the Meridian Fire Department, a detail of an emergency access shall be required. The development will be limited to thirty (30) building lots until emergency access is provided. A note indicating proposed emergency access shall be indicated on the final plat prior to City Engineer’s signature. B. Pathways (UDC 11-3A-8): A micropath is depicted through Lot 9, Block 7 providing connection to a sidewalk along W. Waverton Dr. and to the first phase of the development. The City’s ten-foot multi-use pathway is depicted along W. Chinden Blvd. in accord with UDC 11-3H-4 and the development agreement Description Details Page Acreage 13.79 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) SFR Current Zoning R-8 Lots (# and type; bldg/common) 68 lots total; 59 bldg., 6 common, 3 common driveways Phasing plan (# of phases) Number of Residential Units (type of units) 59 SFR units Density (gross & net) 4.28 d.u./acre gross; 7.54 d.u./acre net Open Space (acres, total [%] / buffer / qualified) 1.42 acres open space, 10.30% qualified Amenities Open space, pathways Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) H-2018-0052, DA Inst. No. 2018-098361 Meridian City Council Meeting Agenda March 19, 2019 – Page 171 of 652 Page 3 for this development. The applicant shall submit a public access easement for a detached, multi- use pathway adjacent to W. Chinden Blvd. to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. C. Parkways (UDC 11-3A-17): Parkways are required to be landscaped per the standards listed in UDC 11-3A-17 and UDC 11- 3G-3B.5. D. Landscaping (UDC 11-3B): Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Chinden Blvd., adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevard, located outside of the future 200-foot right-of-way (ROW) for the highway. There is approximately 55 additional feet that shall be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35-foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion. The future ROW along Chinden Blvd. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3H-4 and UDC 11-3B-7C. E. Utilities (UDC 11-3A-21): This development is serviceable by the City of Meridian’s North Black Cat sewer trunk. Water service is to be provided by Suez Water Idaho. F. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision (see Exhibit VI.D). The rear and/or side of structures that face W. Waverton Dr. (Lots 3-8 and Lots 43-48, Block 7) and W. Chinden Blvd. (Lots 18-33 and Lot 35, Block 7) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. G. Alleys (UDC 11-6C-3B.5) The alley depicted between N. Willowside Avenue and N. Oakstone Avenue shall comply with dimensional and design standards in UDC 11-6C-3B. The proposed alley is designed in compliance with these standards. H. Common Driveways (UDC 11-6C-3D) Three (3) common driveways are proposed in this phase of development. Per UDC 11-6C-3D, the applicant shall submit an exhibit depicting any lots using the common driveways, the setbacks, fencing, building envelope, and orientation of the lots and structures prior to obtaining signature on the final plat. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five foot (5') wide landscaped buffer. There is no fencing proposed along the abutting property boundary of the applicable lots (Lot 16, 37, and 41, Block 7) however, if solid fencing is desired, a five-foot wide landscaped buffer shall be required. Meridian City Council Meeting Agenda March 19, 2019 – Page 172 of 652 Page 4 I. Waterways (UDC 11-3A-6): The Harrell Lateral crosses through the western boundary of the proposed final plat. At the time the final plat was approved, the Harrell Lateral easement was not depicted on the preliminary plat. The applicant is proposing to re-route the lateral along the rear boundary of Lots 37-41, Block 7 and side boundaries of Lots 35 & 43, Block 7 in a 23-foot wide easement. Per UDC 11- 3A-6, any irrigation greater than 10-feet in width must be placed in a common lot unless otherwise approved by City Council. Prior to signature on the final plat, the applicant shall revise the plat to include the Harrell Lateral in a common lot or obtain City Council approval to dedicate the easement along the rear of lots as proposed. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 173 of 652 Page 5 VI. EXHIBITS A. Preliminary Plat (date: 5/4/2018) Meridian City Council Meeting Agenda March 19, 2019 – Page 174 of 652 Page 6 B. Final Plat (date: 1/14/2019) Meridian City Council Meeting Agenda March 19, 2019 – Page 175 of 652 Page 7 Meridian City Council Meeting Agenda March 19, 2019 – Page 176 of 652 Page 8 C. Landscape Plan (date: 11/16/2018) Meridian City Council Meeting Agenda March 19, 2019 – Page 177 of 652 Page 9 Meridian City Council Meeting Agenda March 19, 2019 – Page 178 of 652 Page 10 Meridian City Council Meeting Agenda March 19, 2019 – Page 179 of 652 Page 11 D. Building Elevations Meridian City Council Meeting Agenda March 19, 2019 – Page 180 of 652 Page 12 Meridian City Council Meeting Agenda March 19, 2019 – Page 181 of 652 Page 13 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0052, DA Inst. No. 2018-098361). 2. The applicant shall obtain the City Engineer’s signature on the final plat by September 4, 2020, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Civil Survey Consultants, Inc., by Glenn K. Bennett, shall be revised as follows: a. Note #8: Modify to omit N. Oakstone Avenue from statement as it is not applicable. b. Note #12: Modify note to include lots allowed to access the common driveway lots, indicate ownership and maintenance responsibilities for the common driveway lots. c. Note #13: Include the approved addendum to the development agreement (Inst. 2018- 098361). d. Note #14: Include the recorded instrument number of the ACHD Landscape License Agreement. e. Note #15: Include the recorded instrument number for the restrictive covenants on file in the office of the Ada County Recorder. 5. The landscape plan prepared by Breckon Land Design, dated 11/16/18, included in Exhibit VI.C is approved with the following comments: a. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five-foot (5') wide landscaped buffer. There is no fencing proposed along the abutting property boundary of the applicable lots (Lot 16, 37, and 41, Block 7) however, if solid fencing is proposed a five-foot (5’) wide landscaped buffer shall is required. b. The future ROW along Chinden Blvd. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3H-4 and UDC 11-3B-7C. c. One (1) full-size copy and one (1) electronic copy of a revised landscape plan including the mitigation plan shall be submitted prior to signature on the final plat. 6. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 7. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement for Fairbourne Subdivision. 8. The rear and/or side of structures that face W. Waverton Dr. (Lots 3-8 and Lots 43-48, Block 7) and W. Chinden Blvd. (Lots 18-33 and Lot 35, Block 7) shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step- backs, pop-outs), bays, banding, porches, balconies, material types or other integrated Meridian City Council Meeting Agenda March 19, 2019 – Page 182 of 652 Page 14 architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 11. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 12. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 13. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 14. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 15. All existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 16. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 17. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 18. Prior to signature on the final plat, the applicant shall revise the plat to include the Harrell Lateral in a common lot or obtain City Council approval to dedicate the easement along the rear of lots as proposed. 19. Prior to signature on final plat, the applicant shall submit a public access easement for a detached, multi-use pathway adjacent to W. Chinden Blvd. to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. 20. Per the Meridian Fire Department, a detail of an emergency access shall be required. The development will be limited to thirty (30) building lots until emergency access is provided. A note indicating proposed emergency access shall be indicated on the final plat prior to City Engineer’s signature. B. Public Works Site Specific Conditions: 1. Water service to this development will be from the Suez North America’s water system. The City of Meridian has been made aware that available fire flow in this area is limited to Meridian City Council Meeting Agenda March 19, 2019 – Page 183 of 652 Page 15 1500gpm, which may not be adequate given the size of the proposed lots and dwellings. The applicant shall coordinate with Meridian Building and Fire Departments to arrange compliance alternatives for any homes requiring fire flows greater than 1500gpm based on Appendix B of the 2009 International Fire Code (IFC). General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is to be provided by Suez Water Idaho. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. 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 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 184 of 652 Page 16 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 11-1-4B. 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 jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. 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 sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 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 Water Department at (208)888-5242 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 185 of 652 Page 17 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 the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda March 19, 2019 – Page 186 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 J Project File Number: H-2019-0018 Item Title: Final Order for Bicentennial Subdivision No. 3 Meeting Notes: By Toll ID I, LLC Located at 3880 E. Lake Hazel Rd r� I TEM SHEET C ouncil Agenda I tem - 6.J . Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for Bicentennial F arm Subdivision No. 3 (H-2019-0018) by Toll I D I, L L C , L ocated at 3880 E . Lake Hazel Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 3/8/2019 E xhibit A E xhibit 3/8/2019 E xhibit B E xhibit 3/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/8/2019 - 8:17 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 187 of 652 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BICENTENNIAL FARM SUBDIVISION NO. 3 – FP H-2019-0018 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 26, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 46 BUILDING LOTS AND 4 COMMON LOTS ON 10.63 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR BICENTENNIAL FARMS SUBDIVISION NO. 3 BY: TOLL ID I, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on February 26, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning 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: 1. The Final Plat of “PLAT SHOWING BICENTENNIAL FARM SUBDIVISION NO. 3, SITUATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, Meridian City Council Meeting Agenda March 19, 2019 – Page 188 of 652 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BICENTENNIAL FARM SUBDIVISION NO. 3 – FP H-2019-0018 Page 2 of 3 HANDWRITTEN DATE: JANUARY 17, 2019, by ROBERT L. KAZARINOFF, PLS, SHEET 1 OF 8,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated February 26, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Wendy Shrief, J-U-B Engineers, Inc., a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at Meridian City Council Meeting Agenda March 19, 2019 – Page 189 of 652 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 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 day of Nar'( l , 2019. RV - Tammy de We Mayor, City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:&A&ACCU)0-9( Dated: 3- l q "div l 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BICENTENNIAL FARM SUBDIVISION NO. 3 - FP H-2019-0018 Page 3 of 3 Page 1 HEARING DATE: 2/26/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0018 Bicentennial Farms Subdivision No. 3 (aka Hill’s Century Farm Subdivision) LOCATION: 3880 E. Lake Hazel Rd., in the SW ¼ of Section 33, T.3N., R.1E. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 46 building lots and 4 common lots on 10.63 acres of land in the R-8 zoning district. This is the twelfth phase of development of Hill’s Century Farm Subdivision preliminary plat. II.APPLICANT INFORMATION A. Applicant: Toll ID I, LLC – 3103 W. Sheryl Dr., Ste. 100, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Wendy Shrief, J-U-B Engineers, Inc. – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 III.STAFF ANALYSIS The subject property was included in the Hill’s Century Farm Subdivision preliminary plat. The minimum property size in this phase of development is 6,600 square feet (s.f.) with an average size of 7,606 s.f. A total of 0.15 of an acre (or 1.43%) of open space is provided with this phase consisting of local street buffers and parkways; no site amenities are proposed in this phase. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6 as follows: STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT A Meridian City Council Meeting Agenda March 19, 2019 – Page 191 of 652 Page 2 Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The proposed final plat depicts the same number of building lots and more common area than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat in substantial compliance with the approved preliminary plat as required. Because this phase along with the first two phases of Bicentennial Farm Subdivision has only one access available via E. Lake Hazel Rd. (no other stub streets exist to this site as of yet), staff recommends no building permits are issued for this development until such time as a secondary access is available that meets Fire Department requirements. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 192 of 652 Page 3 V. EXHIBITS A. Preliminary Plat (date: 11/7/2014) Meridian City Council Meeting Agenda March 19, 2019 – Page 193 of 652 Page 4 B. Final Plat (date: 1/17/2019) Meridian City Council Meeting Agenda March 19, 2019 – Page 194 of 652 Page 5 C. Landscape Plan (dated: 12/11/18) Meridian City Council Meeting Agenda March 19, 2019 – Page 195 of 652 Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-14-012, Development Agreement #2015-003138; PP-14-014). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the previous phase final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by J-U-B Engineers, Inc. stamped on 1/17/2019 by Robert L. Kazarinoff, shall be revised as follows: a. Add “S. Eagle Road” and “E. Lake Hazel Road” to Sheet 1. Notes: b. Note #1: “Lot 25 26 of Block 4, Lot 12 of Block 6 . . .” c. Note #3: “. . . All lot, parcel, and tract sizes shall meet dimensional standards . . .” d. Note #4: “. . . without prior approval from the health authority and the City of Meridian.” Meridian City Council Meeting Agenda March 19, 2019 – Page 196 of 652 Page 7 e. Note #6: Delete note if not applicable; if applicable, included recorded instrument number of document. f. Note #7: Complete missing information in note. g. Note #10: Include recorded instrument number of ACHD License Agreement. h. Note #12: Include recorded instrument number of NMID License Agreement. i. Note #13: Included recorded instrument number of restrictive covenants. j. Note #14: “. . . Instrument No. 2015-003138.” Easement Notes: k. Note #1: “Lot 25 26 of Block 4 . . .” l. Note #3: Complete missing information in note. m. Note #4: Include recorded instrument number of ACHD sidewalk easements. Reference Documents: n. Complete “Easements” and “Off-site Easements” information or remove as applicable. 5. The landscape plan prepared by Jensen Belts Associates, dated 1/11/19, shall be revised as follows: a. Include the lineal feet of parkways (less 26’ for driveways) in the Landscape Calculations table in accord with UDC 11-3G-3B.5. 6. No building permits shall be issued for this development until Fire Dept. has approved a secondary access. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance . B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 Meridian City Council Meeting Agenda March 19, 2019 – Page 197 of 652 Page 8 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. Applicant must file an application for surety, which can be found on the Community Development Department website. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 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 11-1-4B. 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 jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be Meridian City Council Meeting Agenda March 19, 2019 – Page 198 of 652 Page 9 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. 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 Transport ation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 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 Water Department at (208)888-5242 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. 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 the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda March 19, 2019 – Page 199 of 652 C.JayColes From:WendyShrief <wshrief@jub.com> Sent:Friday, March1, 20193:18PM To:BillParsons Cc:C.JayColes Subject:Bicentennial 3 Bill, Weareinagreementwiththestaffreport, pleaseplaceusontheconsentagenda. Wendy WendyKirkpatrickShrief, AICP Planner J-U-BENGINEERS, Inc. 250S. BeechwoodAvenue, Suite201, Boise, ID83709 ewshrief@jub.comwwww.jub.com p2083767330c2085591760 Thise-mailandanyattachmentsinvolvingJ-U-Bor asubsidiarybusiness maycontain informationthatis confidential and/orproprietary. Priortouse, youagreetotheprovisions foundontheElectronic Documents/DataLicense, which can beaccessedfromthefooter onthe J-U-Bhomepage. Ifyoubelieveyou received thisemailinerror, please reply tothateffectandthen deleteallcopies. 1 EXHIBIT B Meridian City Council Meeting Agenda March 19, 2019 – Page 200 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 K Project File Number: H-2019-0009 Item Title: Final Order for Third Street Square Subdivision Meeting Notes: By Trenton Seltzer, Located at 324 NE 3rd St. u-✓ I TEM SHEET C ouncil Agenda I tem - 6.K . Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for T hird S treet Square S ubdivision (H-2019-0009) by T renten Seltzer, L ocated at 324 NE 3rd S t. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 3/14/2019 E xhibit A E xhibit 3/14/2019 E xhibit B E xhibit 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 2:58 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 201 of 652 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (THIRD STREET SQUARE – FILE #H-2019-0009) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 5, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 7 BUILDING LOTS AND 1 COMMON LOT ON 1.74 ACRES IN THE OLD TOWN ZONING DISTRICT FOR THIRD STREET SQUARE SUBDIVISION. BY: TRENTEN SELTZER APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on March 5, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning 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: 1. The Final Plat of “PLAT SHOWING THIRD STREET SQUARE SUBDIVISION, LOCATED IN THE SE ¼ OF THE SW ¼ OF SECTION 7, TOWNSHIP 3N., RANGE 1E., MERIDIAN, ADA COUNTY, IDAHO, by Nathan J. Dang, PLS, SHEET 1 OF 3,” is conditionally approved subject to those Meridian City Council Meeting Agenda March 19, 2019 – Page 202 of 652 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (THIRD STREET SQUARE – FILE #H-2019-0009) Page 2 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 5, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Penelope Constantikes, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda March 19, 2019 – Page 203 of 652 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the ( 1 '44" day of Hox '(.y 1 12019. 1.1 Tammy de W&fd �QOaPTED AUa,dP Mayor, City of Meridian Attest: r v��' � _ �/ nPW 1OAIN, O C ay Coles SEAL Clerk `�2, Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:e 0 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (THIRD STREET SQUARE — FILE #H-2019-0009) Page 3 of 3 -1q-A019 EXHIBIT A Page 1 HEARING DATE: 3/5/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0009 Third Street Square Subdivision LOCATION: 324 NE 3rd Street, in the SE ¼ of the SW ¼ of Section 7, Township 3N., Range 1E. I. PROJECT DESCRIPTION The applicant, Trenten Seltzer, has applied for final plat approval of seven (7) building lots and one (1) common lot on 1.74 acres of land in an O-T zoning district. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant: Trenten Seltzer, Member, TTS Idaho LLC. 3072 Wildflower Drive Encinitas, CA 92024 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 1.74 Lots (# and type; bldg/common) 8 total; 7 building, 1 common Phasing plan (# of phases) 1 Number of Residential Units (type of units) 28 apartment units Physical Features (waterways, hazards, flood plain, hillside) Hunter Lateral History (previous approvals) H-2016-0031; A-2018-0121; A-2017-0115; A-2015-0090 Meridian City Council Meeting Agenda March 19, 2019 – Page 205 of 652 Page 2 B. Owner: TTS Idaho LLC. 3072 Wildflower Drive Encinitas, CA 92024 C. Representative: Penelope Constantikes, Riley Planning Services, LLC. PO Box 405 Boise, ID 83701 IV. STAFF ANALYSIS The proposed final plat depicts seven (7) building lots for multi-family four-plexes and one (1) common lot on 1.74 acres of land in the O-T zoning district for the Third Street Square Subdivision. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. NOTE: A preliminary plat was approved in 2016 (H-2016-0031). A one-year time extension was approved by the Director in 2018 (A-2018-0121) to extend the time needed to obtain the City Engineer’s signature on the final plat until June 21, 2019. A. Existing Structures/Site Improvements: The subject site received CZC and DES approval to construct a 28-unit multi-family development in 2015 (A-2015-0090). Construction of the complex is complete and the applicant is working toward obtaining Certificate of Occupancy for the buildings. B. Sidewalks (UDC 11-3A-17): The applicant was required to install 5-foot sidewalk with CZC approval; in 2017 the Director approved Alternative Compliance (A-2017-0115) to allow for the construction of the sidewalk along the south side of the access driveway rather than the north side as approved with the CZC. V. DECISION A. Staff: Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 206 of 652 Page 3 VI. EXHIBITS A. Preliminary Plat Meridian City Council Meeting Agenda March 19, 2019 – Page 207 of 652 Page 4 B. Final Plat Meridian City Council Meeting Agenda March 19, 2019 – Page 208 of 652 Page 5 Meridian City Council Meeting Agenda March 19, 2019 – Page 209 of 652 Page 6 C. Revised Site Plan (depicting alternative compliance change) Meridian City Council Meeting Agenda March 19, 2019 – Page 210 of 652 Page 7 D. Previous Landscape Plan (date: 12/16/2015) Meridian City Council Meeting Agenda March 19, 2019 – Page 211 of 652 Page 8 Meridian City Council Meeting Agenda March 19, 2019 – Page 212 of 652 Page 9 E. Children’s Play Structure Meridian City Council Meeting Agenda March 19, 2019 – Page 213 of 652 Page 10 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2016-0031; A-2018-0121; A-2017-0115; A-2015-0090). 2. The applicant shall obtain the City Engineer’s signature on the final plat by June 21, 2019, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Accurate Surveying and Mapping, by Nathan J. Dang, shall be revised as follows: a. Add Professional Land Surveyor signature and date to stamp at bottom of plat. b. Include a note stating ownership and maintenance responsibilities for the common areas and include the recorded instrument number of the restrictive covenants for the subdivision. c. Include instrument number for the recorded utility easements. d. Note #3 remove the reference to Title 12. 5. The landscape plan prepared by TTKLA, P.L.L.C, dated 12/16/15, included in Exhibit VI.D shall be revised to depict the sidewalk and landscape changes as approved with the previous alternative compliance request (A-2017-0115). The revised landscape plan shall be submitted to the Planning Division prior to approval of certificate of occupancy. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Applicant shall be required to provide a 10-foot wide water main easement centered over the water service line that serves the pressurized irrigation system. This particular easement was not provided when the original easements were provided at the time of construction. 2. Applicant shall be required to provide a 20-foot wide easement from the existing terminus of the water main, to the north boundary for possible future water main looping connection. 3. Applicant shall be required to replace the blow off at the south end of the water main with a fire hydrant. General Conditions: 4. Sanitary sewer service to this development is available via existing mains within the development. 5. Water service to this site is available via existing mains within the development. The applicant shall be responsible to install the above noted water appurtenances, coordinate with the Public Works. 6. 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 214 of 652 Page 11 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 newly completed 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. 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. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. All grading of the site shall be performed in conformance with MCC 11-1-4B. 11. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 12. 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. 13. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 14. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 15. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda March 19, 2019 – Page 215 of 652 From:Penelope Riley To:Meridian City Clerk Cc:robert@woodhousegroup.net; Stephanie Leonard Subject:Re: Third Street Square - City Council Staff Report Date:Wednesday, February 27, 2019 2:02:09 PM Dear City Clerk: Please see below for comments regarding the March 5th City Council Hearing for the Third Street Square Final Plat. Consent agenda is acceptable to the applicant. Thank you! Penelope Constantikes Principal (208) 908-1609 P.O. Box 405 Boise, ID 83701 On Wed, 27 Feb 2019 15:55:51 -0500, Penelope Riley wrote: Stephanie: Per our discussion earlier today, the project team is in substantial agreement with the staff report and with the information below we do not have any objection to being on the consent agenda. A. 5: An updated landscape plan has been requested. B. 13: Attached is a copy of the utility easement application and associated materials submitted to the City of Meridian on January 17, 2019.This packet includes the owner executed Sewer and Water Easement, legal description and exhibit map. B. 6: The Landscape Architect Certification Letter was provided to the City of Meridian on January 24, 2019, as evidenced by the attached email. Attached is a copy of the Pressurized Irrigation Certification by the project engineer previously submitted to the City of Meridian. B. 7.: The Warranty Surety has been provided and accepted by the City as evidenced by the attached transmittal and email confirmation of the Warranty Surety period confirmation email. Thank you very much! Please do not hesitate to contact me if you have questions. Penelope Meridian City Council Meeting Agenda March 19, 2019 – Page 216 of 652 Penelope Constantikes Principal (208) 908-1609 P.O. Box 405 Boise, ID 83701 Meridian City Council Meeting Agenda March 19, 2019 – Page 217 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 L Project File Number: H-2019-0016 Item Title: Findings of Fact, Conclusions of Law for Eagle Commons at Overland Meeting Notes: by James E. Kissler, LLC, Located North of E. Overland Rd. and East of S. Eagle Rd. I TEM SHEET C ouncil Agenda I tem - 6.L . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for E agle Commons at O verland (H-2019- 0016) by J ames E. K issler, L L C , L ocated North of E. Overland Rd. and E ast of S. Eagle Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 3/8/2019 E xhibit A E xhibit 3/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/8/2019 - 2:34 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 218 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0016 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Update the Development Plan for the Site and Associated Provisions, by James A. Kissler. Case No(s). H-2019-0016 For the City Council Hearing Date of: March 5, 2019 (Findings on March 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda March 19, 2019 – Page 219 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0016 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 5, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for modification to the Development Agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 5, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 5, 2019 Meridian City Council Meeting Agenda March 19, 2019 – Page 220 of 652 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ay Coles Clerk Mayor Tam6p4e Weerd EO q�jl►vof 0 I W . E �4i L� SEA day of M aTCV) VOTED l VOTED A VOTED VOTED �le� VOTED /L4 VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: cpadm Dated: 3-19-,9,019 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0016 -3 - EXHIBIT A Page 1 HEARING DATE: 3/5/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0016 Eagle Commons at Overland LOCATION: Generally located off the northeast corner of S. Eagle Rd. and E. Overland Rd. I. PROJECT DESCRIPTION Request for a modification to the existing Development Agreement (Inst. #2016-106278) to update the development plan for the site and associated provisions. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 18.03 Future Land Use Designation Mixed-Use Regional (MU-R) Existing Land Use Office/retail/warehouse (Norco); vacant/undeveloped land Proposed Land Use(s) Office/retail, hotel, self-service storage Current Zoning C-G Proposed Zoning NA Neighborhood meeting date; # of attendees: 1/16/2019; 2 attendees History (previous approvals) Annexed in 1995 (Ord. #719, Langly/Power Mall); PBA- 14-008; H-2015-0024 (DA #2016-106278); H-2017-0061 (SHP); H-2017-0062 (SHP); H-2017-0063 (SHP); A-2018- 0316 (PBA) Meridian City Council Meeting Agenda March 19, 2019 – Page 222 of 652 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: James A. Kissler, LLC – 1125 W. Amity Rd., Boise, ID 83705 B. Owner: Same as Applicant C. Representative: Jeff Huber, White-Leasure Development Company – 8385 W. Emerald St., Boise, ID 83704 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda March 19, 2019 – Page 223 of 652 Page 3 IV. NOTICING City Council Posting Date Legal notice published in newspaper 2/15/2019 Radius notice mailed to properties within 300 feet 2/12/2019 Public hearing notice sign posted 2/19/2019 Nextdoor posting 2/12/2019 V. STAFF ANALYSIS The current Development Agreement (DA) anticipates development of an 86,000 square foot (s.f.) 2- story office/retail building, an 85,000 – 95,000 s.f. single-story commercial/retail store and a single pad site (see Section VII.A). The proposed plan depicts (5) commercial building pads, the existing Norco building and associated parking. The Applicant has submitted (2) options for a modification to the existing DA as follows: 1) eliminate the DA in its entirety and let zoning dictate the future uses and development of the property; or 2) update the DA to reflect the current development plan and strike the provision (#5.1l) pertaining to the restriction on business hours of operation for uses abutting a residential district and replacement of the word “substantial” in favor of “general” in relation to future development being in compliance with the approved conceptual development plan. See Applicant’s narrative in application for more information on request and Section VII.C of this report for proposed/recommended DA provisions. Staff recommends this site remain under a DA but is amenable to the requested changes. Staff recommends additional modifications to the DA as noted in Section VII.C due to completion of several of the existing provisions. A. Allowed Use(s): UDC Table 11-2B-3 lists the allowed uses in the C-G district. B. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district as follows: Meridian City Council Meeting Agenda March 19, 2019 – Page 224 of 652 Page 4 VI. DECISION A. Staff: Staff recommends approval of the proposed MDA application per the exhibits in Section VII.B and C. B. City Council: The Meridian City Council heard these items on March 5, 2019. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Jeff Huber ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Discuss regarding substantial compliance vs. general compliance. d. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5.1a to reflect the original language (i.e. “substantial” compliance) of the DA. Meridian City Council Meeting Agenda March 19, 2019 – Page 225 of 652 Page 5 VII. EXHIBITS A. A. Existing Conceptual Development Plan (dated: December 11, 2015) Meridian City Council Meeting Agenda March 19, 2019 – Page 226 of 652 Page 6 B. Proposed Conceptual Development Plan (date: 2/25/2019) C. Applicant Proposed & Staff Recommended Amendments to Existing Development Agreement provisions (Inst. #2016-106278) Staff’s comments are included in italics. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The subject property shall develop in substantial general compliance with the conceptual development plan included in Exhibit A.4 of the Staff Report attached as a portion of the Findings of Fact and Conclusions of Law (Exhibit “B”) and the provisions in this agreement. Change per Applicant’s request. b. A 35-foot wide street buffer is required to be constructed along the frontage of the site along E. Overland Road, an entryway corridor; a 10-foot wide street buffer is required along the future local commercial street (Silverstone Way) and a 10-foot wide street buffer is required to be constructed along S. Rackham Way, a local street, per UDC Table 11-2B- Meridian City Council Meeting Agenda March 19, 2019 – Page 227 of 652 Page 7 3 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C.; If Rackham Way is vacated in the future, a street buffer is not required. The street buffer along Overland Rd. and Silverstone Way has been constructed; the buffer along Rackham Way is a standard UDC requirement and doesn’t need to be included in the DA. c. A 25-foot wide landscape buffer shall be provided along the east boundary of the site abutting the residential uses in Jewell Subdivision, per UDC Table 11 -2B-3 and shall be landscaped in accord with the standards listed in UDC 11-3B-9C, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners per UDC 11-3B-9C.2. This buffer has been constructed. d. A 10-foot wide multi-use pathway shall be constructed along the north side of the Five Mile Creek from the west to the east boundary of the site as set forth in the Pathways Master Plan. A pathway connection to the south to E. Overland Road shall also be provided along Silverstone Way to E. Overland Rd. This segment of the pathway, if constructed of concrete within the right-of-way, may be attached to the curb and will be maintained by ACHD. Landscaping is required to be installed on each side of the pathway along the creek in accord with the standards listed in UDC 11-3B-12C. A public pedestrian easement is required to be submitted to the City, approved by City Council and recorded for the multi- use pathway along the creek with the first phase of development. The pathway connection to the south to Overland Rd. has been constructed. e. All pathways through common areas that are not visible from a public street shall be illuminated with a 4-foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director, per UDC 11-3A-8H. f. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the multi-use pathway connecting to the sidewalks along E. Overland Road and S. Rackham Way to the main building entrances with each phase of development; and for drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building entrances – internal pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19AB.4a. g. The Five Mile Creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11-3A-6B. h. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan as Lot 1, Major A), the applicant shall subdivide the property and comply with ACHD requirements for the extension of Silverstone Way. The property has been subdivided and Silverstone Way has been extended to the north boundary of the site. i. A cross-access/ingress-egress easement shall be provided to the property to the east (Zamzow’s, parcel #R4626240051, where the driveway stub is currently located) or, right- of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an access easement shall be recorded and a copy submitted to the City; or, right-of-way shall be dedicated prior to issuance of Certificate of Occupancy for Norco. Right-of-way has been dedicated to ACHD adjacent to the Zamzow’s parcel which satisfies this requirement and the driveway has been constructed. j. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual (or any updated versions thereof). Meridian City Council Meeting Agenda March 19, 2019 – Page 228 of 652 Page 8 k. A gate that meets the Fire Department’s requirements shall be installed across the emergency access driveways via S. Rackham Way to prevent access by the public until the portion of the site depicted on the concept plan as Lot 3 develops. Once said portion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. This provision no longer applies. l. Business hours of operation in the C-G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11-2B-3A.4. The hours of operation for the Norco site are restricted per this standard as residential uses abut that site; the remainder of the site does not abut residential uses. m. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. n. All lighting proposed on the site shall comply with the standards listed in UDC 11-3A- 11C. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. o. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to just north of the creek. These improvements shall be complete prior to issuance of the first Certificate of Occupancy. These improvements have been completed. p. The developer shall dedicate additional right-of-way along the west property boundary to widen S. Rackham Way to local street standards with curb, gutter and sidewalk with subdivision of the property, unless S. Rackham Way is vacated. q. The developer shall construct a 6-foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development; a fence shall not be constructed in the floodway in accord with FEMA regulations. The fence has been constructed. r. The applicant shall finalize the property boundary adjustment (PBA-14-008) for this property prior to issuance of the first building permit for this site. One building permit for Norco is allowed to be issued prior to subdivision of the property. The property boundary adjustment was finalized and the property has since been subdivided. s. A street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 t. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Meridian City Council Meeting Agenda March 19, 2019 – Page 229 of 652 Page 9 u. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6- 5. v. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop through the property f rom the existing 10-inch main stub at E. Overland Road and S. Silverstone Way to the existing 16-inch main adjacent to S. Rackham Way. x. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. y. The developer shall enter into a cross-access easement and maintenance agreement with the abutting property owner to the north for the east/west shared driveway adjacent the northern boundary of the site. A recorded copy of the easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. Staff recommends this provision is added based on the addition of the shared access driveway with the Rackham property on the north boundary. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161760/Page1.aspx B. Police Department http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161438&dbid=0 Meridian City Council Meeting Agenda March 19, 2019 – Page 230 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 M Project File Number: H-2019-0005 Item Title: Findings of Fact, Conclusions of Law Rackham Subdivision Meeting Notes: by BVA Development. Located at 1020 W. Eagle Rd. 9 I TEM SHEET C ouncil Agenda I tem - 6.M. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Rackham S ubdivision (H-2019-0005) by B VA Development, L ocated at 1020 S . E agle Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 3/11/2019 E xhibit A E xhibit 3/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/11/2019 - 1:52 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 231 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0005 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a New Development Agreement to Include a Conceptual Development Plan and Development Provisions for Rackham Subdivision, by BVA Development. Case No(s). H-2019-0005 For the City Council Hearing Date of: March 5, 2019 (Findings on March 19, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 5, 2019, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda March 19, 2019 – Page 232 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0005 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 5, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for new Development Agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 5, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 5, 2019 Meridian City Council Meeting Agenda March 19, 2019 – Page 233 of 652 By action of the City Council at its regular meeting held on the I q * day of r , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \ COUNCIL MEMBER TY PALMER VOTED 4 COUNCIL MEMBER TREG BERNT VOTED 104 COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.J y oles Ci lerk Mayor Tam e Weerd Go�Q0RA► to q UCGs r z C'.. O( o W E IDIAN� "14_ SEAL / Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: CYUAIZ)ikwu� Dated: City Clerk's Office 3 -1q -ao Iq CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0005 -3 - EXHIBIT A Page 1 HEARING DATE: 3/5/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0005 Rackham Subdivision LOCATION: 1020 S. Eagle Rd. (SW ¼ of Section 16, T.3N., R.1E.) I. PROJECT DESCRIPTION Request for a new Development Agreement to include a conceptual development plan and development provisions for the overall site. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 51.59 Future Land Use Designation Mixed-Use Regional (MU-R) Existing Land Use Vacant/undeveloped land (formerly used for corn maze) Proposed Land Use(s) Commercial, office, outdoor entertainment facility Current Zoning C-G Proposed Zoning NA Neighborhood meeting date; # of attendees: 10/30/2018; 13 attendees History (previous approvals) Annexed in 1995 (Ord. #719, Langly/Power Mall); the annexation included the subject property as well as the property to the south. A Development Agreement (DA) was required as a provision of annexation to be entered into prior to the preliminary plat being approved & required all of the property to develop as a commercial planned development (a preliminary plat was never submitted and a DA was never recorded); a conditional use permit/planned development was also approved for a 700,000 square foot retail center that has since expired. Meridian City Council Meeting Agenda March 19, 2019 – Page 235 of 652 Page 2 III. APPLICANT INFORMATION A. Applicant: BVA Development – 2775 W. Navigator Dr. 4th Floor, Meridian, ID 83642 B. Owner: Idaho Central Credit Union/BVA Development – 2775 W. Navigator Dr. 4th Floor, Meridian, ID 83642 C. Representative: Geoffrey M. Wardle, Spink Butler, LLP – 251 E. Front St., #200, Boise, ID 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda March 19, 2019 – Page 236 of 652 Page 3 IV. NOTICING City Council Posting Date Legal notice published in newspaper 2/15/2019 Radius notice mailed to properties within 300 feet 2/12/2019 Public hearing notice sign posted 2/21/2019 Nextdoor posting 2/12/2019 V. STAFF ANALYSIS This property along with the property to the south was annexed into the City in 1995 with a C-G zoning district; and a conditional use permit/planned development application was approved for a 700,000 square foot retail center as shown on the conceptual development plan below. Meridian City Council Meeting Agenda March 19, 2019 – Page 237 of 652 Page 4 The conditional use permit/planned development has since expired. As a condition of annexation, the Applicant was required to enter into a Development Agreement (DA) prior to submittal of a preliminary plat application that includes the provisions in the Annexation Ordinance and the Findings of Fact and Conclusions of Law. However, because annexations cannot be conditioned and the property was annexed without a DA, the City Attorney has deemed compliance with the provisions of the annexation are not required and the current C-G zoning governs future development of the site. The Applicant proposes a new DA for the property boundary described in Section VII.A with a conceptual development plan, included in Section VII.B; proposed development provisions are included in Section VII.C. Staff has requested the Applicant submit a phasing plan and pedestrian circulation plan for review prior to the City Council hearing for inclusion in the DA. A mix of uses are proposed to develop on the site including office, medical, hotel, retail and outdoor recreation facility uses with future multi-family/commercial/office uses. Two (2) 125,000 square foot buildings are proposed along the northern boundary of the site adjacent to I-84, one of which is for Idaho Central Credit Union – construction for both structures is intended to be commenced in the next several months. An outdoor entertainment facility is proposed at the northeast corner of the site with a hotel directly to the south. Future multi-family/commercial/office uses are depicted at the southeast corner of the site. Office, retail and medical uses are anticipated to develop on the remainder of the site. Future development of this site should be generally consistent with this plan. A. Future Land Use Map Designation (Comp Plan) (Pgs. 30-31) Mixed-Use Regional (MU-R) B. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. C. Proposed Use Analysis: Allowed uses in the C-G district are listed in UDC Table 11-2B-2. Office, retail, healthcare/social service, outdoor recreation facility uses are principally permitted in the C-G district; multi-family developments require conditional use approval and are required to comply with the specific use standards listed in UDC 11-4-3-27. Specific use standards are applicable to the following uses: “Hotels (UDC 11-4-3-23): A. Accessory uses including, but not limited to, restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of section 11-4-3-10 of this chapter. B. A conditional use permit shall be required for any hotel or motel use that adjoins a residential district or an existing residence. Outdoor entertainment/recreation facility (UDC 11-4-3-2) A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. Meridian City Council Meeting Agenda March 19, 2019 – Page 238 of 652 Page 5 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title. B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code. C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Outdoor Speaker Systems (UDC 11-3A-13): Any outdoor speaker system associated with the use shall be located a minimum of one hundred feet (100') from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a conditional use permit.” D. Dimensional Standards: Future development should be consistent with the dimensional standards for the C-G district listed in UDC Table 11-2B-3 as follows: E. Access: Access to the site is provided via S. Silverstone Way at the south boundary of the site and via S. Rackham Way at the southwest corner of the site. A roundabout is proposed at the terminus of Silverstone Way and a shared access driveway is proposed between the subject property and the Meridian City Council Meeting Agenda March 19, 2019 – Page 239 of 652 Page 6 property to the south, which will provide an east/west vehicular connection to the public streets (i.e. Silverstone & Rackham). Staff recommends a cross-access easement and maintenance agreement is entered into between the subject property owner and the property owner to the south for shared access and maintenance of the driveway. F. Pedestrian Pathways/Walkways: Pedestrian connections are depicted on the concept plan between the buildings on the site and along the northern boundary of the site within the buffer along I-84 to be further refined in the future. Pedestrian walkways should be provided within parking areas to all building entrances for safety. Staff recommends a continuous pedestrian walkway network that is a minimum of 5-feet in width is provided internally within the site from the sidewalks along S. Silverstone Way and Rackham Way along the main drive aisles within the development and within the street buffer along I-84 to the main building entrances; and for drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building entrances – internal pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. VI. DECISION A. Staff: Staff recommends approval of the proposed DA as set forth in the exhibits in Section VII. B. City Council: The Meridian City Council heard these items on March 5, 2019. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Geoffrey Wardle, Spink-Butler ii. In opposition: None iii. Commenting: Jim Rogers, John Fitzgerald, Amanda Haven, Carol Holaday iv. Written testimony: James Rogers v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The Findings from the original annexation application are still applicable and Developer should be held to the terms of that approval which included a requirement for a 35’ wide landscape buffer to be provided to residential uses – the height of which should be sufficient to preclude vehicle lights from shining directly into adjacent homes; ii. Concern regarding storm water runoff from this site impacting the shallow groundwater aquifer and request for a hydrology study to be performed; iii. Concern pertaining to the high level of traffic and noise the proposed development will generate; iv. The location of the emergency access driveway to the site. c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None (The Mayor asked the Applicant’s Representative, Geoffrey Wardle, to meet with Mr. Fitzgerald, Mr. Rogers and Ms. Haven to follow-up on their concerns stated at the hearing.) Meridian City Council Meeting Agenda March 19, 2019 – Page 240 of 652 Page 7 VII. EXHIBITS A. Legal Description Meridian City Council Meeting Agenda March 19, 2019 – Page 241 of 652 Page 8 Meridian City Council Meeting Agenda March 19, 2019 – Page 242 of 652 Page 9 B. Conceptual Development Plan and Phasing Plan Phasing Plan for Rackham Subdivision/Eagle View Landing The following description sets forth the phasing of the various elements for Rackham Subdivision/Eagle View Landing. Each phase will satisfy the requirements of the Meridian UDC when it is constructed. Due to the significant amount of perimeter frontage of the Property, we are proposing phased completion of the buffer areas and perimeter improvements corresponding to each phase when that phase is undertaken. It is the Applicant’s intention to make the CZC, Design Review and Building Permit submittals for Phase 1 immediately upon approval of the Development Agreement, and then shortly thereafter on Phase 1A. The Phase 2 elements will follow, although the actual order of development within Phase 2 will depend upon the requirements of its users and tenants. Phase 3 will commence once the anchor medical users are committed and may proceed contemporaneously with elements of Phase 2. Phase 4 will be included and addressed in future supplemental applications addressing the elements of the seven acre parcel. We believe that this phasing plan will permit the Applicant to undertake development activities for various elements of the project in a sequential manner that will provide construction efficiencies and which will permit the sequential opening of various elements. Phase 1 and 1A development would be contemplated to commence in the Summer of 2019 and other phases to follow thereafter. Phase 1 – ICCU Building – initial office building Entrance drive improvements Buffer and improvements on parcel adjacent to Interstate Meridian City Council Meeting Agenda March 19, 2019 – Page 243 of 652 Page 10 Phase 1A – East Building – second office building Will be commenced after Phase 1 begins Buffer and improvements on parcel adjacent to Interstate Required improvements to shared access drive between Rackham and Silverstone Phase 2 – Retail, Entertainment, and Hospitality Elements (actual order of elements to be determined) Phase 2A – Commercial and retail elements east and west of entrance drive Buffer along southern boundary of Phases to be improved Phase 2B – Outdoor entertainment entity Buffer and improvements on parcel adjacent to Interstate Improvements along eastern boundary of Phase adjacent to property to east Phase 2C – Hospitality element Buffer along southern boundary of Phases to be improved Phase 3 – Medical Office and Office Buffer and improvements on parcel adjacent to Interstate Phase 4 – Future Multifamily/Commercial/Office Use parcel Improvements along eastern and southern boundary will be constructed adjacent to property to east and south when Phase is developed Meridian City Council Meeting Agenda March 19, 2019 – Page 244 of 652 Page 11 C. Proposed Development Agreement Provisions Note: The Applicant’s proposed provisions are noted in normal text; Staff’s recommended additional provisions are noted in italic text. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under the UDC, within the C-G district from time to time as permitted, accessory or conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. In recognition of the existing development rights associated with the Property under the UDC, and the proposed scope of the initial phase of the Owner’s corporate center consisting of the two commercial office buildings located on the northern boundary of the Property, the Owner and Developer have been permitted to submit and to obtain design review approvals for those two buildings, certificates of zoning compliance for those two buildings, and building permits for those two buildings, prior to the approval of the subdivision plat for the Property, consistent with the Findings, attached as Exhibit “B” and the concept plan attached as Exhibit “C”. 5.2. No other building permits for individual buildings will be available on the Property until the subdivision plat is recorded. Upon the recording of a subdivision plat, additional building permits shall be available consistent with the UDC. 5.3. The Owner and Developer shall develop the Property in accordance with the conditions of approval contained in Findings attached as Exhibit “B”. 5.4. The developer shall enter into a cross-access easement and maintenance agreement with the abutting property owner to the south for the east/west shared driveway adjacent to the southern boundary of the site. A recorded copy of the easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 5.5. A continuous pedestrian walkway network that is a minimum of 5-feet in width shall be provided internally within the site from the sidewalks along S. Silverstone Way and Rackham Way along the main drive aisles within the development and within the street buffer along I-84 to the main building entrances consistent with the pedestrian circulation plan in Section VII.D; and for drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building entrances – internal pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. 5.6. Future development of the site shall be consistent with the structure and design standards listed in UDC 11-3A-19 and the design standards in the Architectural Standards Manual. Meridian City Council Meeting Agenda March 19, 2019 – Page 245 of 652 Page 12 D. Pedestrian Circulation Plan Meridian City Council Meeting Agenda March 19, 2019 – Page 246 of 652 Page 13 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Department of Environmental Quality (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/161582/Page1.aspx B. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161754 C. New York Irrigation District (NYID) http://weblink.meridiancity.org/weblink8/0/doc/161153/Page1.aspx D. Police Department http://weblink.meridiancity.org/weblink8/0/doc/161439/Page1.aspx Meridian City Council Meeting Agenda March 19, 2019 – Page 247 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 N Project File Number: H-2017-0129 Item Title: Addendum to Development Agreement for East Ridge Estates Meeting Notes: for East Ridge Estates (H-2017-0129) with C15 LLC and C4 Land LLC (OWNERS) and DevCo LLC (DEVELOPER) located north of E. Lake Hazel Road, west of S. Eagle Road, in the southeast 1/4 of Section 32, Township 3N., Range 1 E. c✓ I TEM SHEET C ouncil Agenda I tem - 6.N. Presenter: Bill Parsons Estimated Time f or P resentation: 2-3 min Title of I tem - Addendum to Development Agreement for East Ridge E states (H-2017-0129) with C15 L L C and C4 L and L L C (O WNE RS) and DevC o L L C (D E V E L O P E R) located north of E . L ake Hazel Road, west of S . E agle Road, in the southeast 1/4 of S ection 32, Township 3N., Range 1E. D evelopment Agreement between the City of Meridian C 15 L L C and C4 L L C (O W NE R S ) and D evCo L L C (D E V E L O P E R) for E ast R idge E states S ubdivision (H-2017-0129) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate D A-East R idge E states-H-2017-0129 A greements / C ontracts 3/13/2019 RE V I E WE RS : Department Reviewer Action D ate Community Development.Coles, C.J ay Approved 3/13/2019 - 7:14 P M Community Development.B aird, Ted Approved 3/14/2019 - 11:06 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 248 of 652 ADA COUNTY RECORDER Phil McGrane 2019-021791 BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/20/2019 10:06 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. C 15 LLC and C4 Land LLC, Owners 3. DevCo LLC, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this Jq-*1 day of MarCV1_, 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C15 LLC, whose address is 4824 W. Fairview, Boise, ID 83706 and C4 Land LLC, whose address is 4824 W. Fairview, hereinafter called OWNERS and DevCo LLC whose address is 4824 W. Fairview Ave., Boise, ID 83706 hereinafter called DEVELOPER. RECITALS A. City and OWNERS and/or DEVELOPER entered into that certain Development Agreement that was recorded on June 7, 2018 in the real property records of Ada County as Instrument No. 2018-052339 ("DEVELOPMENT AGREEMENT). B. City and OWNER/DEVELOPER now desire to amend the Development Agreement (Instrument no. 2015-063175) with this Addendum to Development Agreement to include a letter dated November 28, 2017 from DevCo Real Estate Development, attached hereto as Exhibit "A" that was originally approved with the project, but was inadvertently not attached to the original Development Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the original Development Agreement, except as specifically amended as follows: The addition of a Letter dated November 28, 2017 from DevCo Real Estate Development, attached as Exhibit "A". 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and the Project Site shall be subject to de - annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. East Ridge Estates — H-2017-0129 Page 1 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced in writing and signed by them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by this Addendum, all terms of the Development shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: C15 LLC C4 Land LLC By: ljoLBy: DEVELOPER: DevCo LLC By: VM CITY OF MERIDIAN Mayor Tammy de Weerd ATEOq� ATTEST: cG oP c ) City Clerk East Ridge Estates — H-2017-0129 rRFPage 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 2 5 1 o f 6 5 2 STATE OF IDAHO Oxy County of Ada On this Pf"' day of Harsh , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1'-ALtHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Ph Wn:n Not Public for Idaho I Residing at: qmjm PjuuyI 9c1(,tJ'l� Commission expires: 3 -9 8 -.QO a a East Ridge Estates — H-2017-0129 Page 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 2 5 3 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 2 5 4 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 O Project File Number: Item Title: Approval of PO #19-0267 Meeting Notes: for monthly shooting range membership for sworn officers for the Not -to -Succeed amount of $58,999.92 a I TEM SHEET C ouncil Agenda I tem - 6.O. Presenter: Estimated Time f or P resentation: Title of I tem - Approval of P O # 19-0267 for M onthly Shooting Range M embership for S worn Officers for the Not-to-Exceed amount of $58,999.92. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 3/14/2019 P urchase Requisition Cover Memo 3/14/2019 Department Budget Report Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/14/2019 - 4:20 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 255 of 652 Page 1 Memo To: C.Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Jamie Leslie; Keith Watts Date: 3/14/19 Re: March 19 th City Council Meeting Agenda Item The Purchasing Department, on behalf of the Police Department, respectfully requests that the following item be placed on the March 19 th City Council Consent Agenda for Council’s consideration. Approval of PO # 19-0267 for Monthly Shooting Range Membership for Sworn Officers for the Not-to-Exceed amount of $58,999.92. Recommended Council Action: Approval of PO #19-0267 and authorize the Purchasing Manager to sign for the Not-To-Exceed amount of $58,999.92. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda March 19, 2019 – Page 256 of 652 < Cl) me o� � i m m N (D w H a (° O -d sv m O c w (C)11 w c .gyp � N ((D ^ 'v ( , (D W Z W n. m v UU Chi �DD' m m 0 0 (D X r : TQ NN A� o o y 00 CO z D M � m -4 m < a 6 m m W J N(CD i m :3, o z YL m • • -� D X (n ' X Z O c ;u; . v ' • O m N • z cn -� n Y O • 0 = �, • Z --h O - ,Z1 ' O n • 0 V�) v =� CD n Z ' � � 1 O m Z p -c A • c d z c -p z -�, • v • m m c Z v 00 O m • m� 0 n • �mC -0 ' n m --4 n z . o cn Z z m n 4t o O-0 �A �O �m • mm z� O D r O c • ' -q < Cl) me o� � i m m N (D w H a (° O -d sv m O c w (C)11 w c .gyp � N ((D ^ 'v ( , (D W Z W n. m v UU Chi �DD' m m 0 0 (D X r : TQ NN A� o o y 00 CO z D M � m -4 m < a 6 m m W J N(CD i m :3, o z YL m City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2110 - Police Admin 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 57200 Employee Seminars/Training 138,208.08 0.00 138,208.08 100.00% 0000 NON-DEPARTMENTAL 0.00 53,211.40 (53,211.40)0.00% 0215 K9 Police Dogs Donations 3,000.00 0.00 3,000.00 100.00% 10906.A Peak Academy Training #2 0.00 4,093.72 (4,093.72)0.00% Total OPERATING COSTS 141,208.08 57,305.12 83,902.96 59.42% TOTAL EXPENDITURES 141,208.08 57,305.12 83,902.96 59.42% Date: 3/14/19 01:03:38 PM Page: 1Meridian City Council Meeting Agenda March 19, 2019 – Page 258 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 P Project File Number: Item Title: Approval of Contract to Cougar Excavation, LLC Meeting Notes: For the "Water Main Extension at Victory & Ten Mile" project for a Not -to Exceed amount of $1,151,519.56 70 I TEM SHEET C ouncil Agenda I tem - 6.P. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Approval of Contract to Cougar Excavation, L L C for the “Water M ain Extension at Victory & Ten M ile” project for a Not-To-E xceed amount of $1,151,519.56. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 3/14/2019 Contract C hecklist Cover Memo 3/14/2019 B id Results Cover Memo 3/14/2019 B udget R eport Cover Memo 3/14/2019 Contract Cover Memo 3/14/2019 B onds Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/14/2019 - 4:40 P M F inance.B aird, Ted Approved 3/14/2019 - 5:09 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 259 of 652 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Brent Blake Date: 03/14/2019 Re: March 19 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the March 19 th City Council Consent Agenda for Council’s consideration. Approval of Contract to Cougar Excavation, LLC for the “Water Main Extension at Victory & Ten Mile” project for a Not-To-Exceed amount of $1,151,519.56. Recommended Council Action: Award of Bid and Approval of Contract to Cougar Excavation, LLC for the Not-To-Exceed amount of $1,151,519.56. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda March 19, 2019 – Page 260 of 652 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A- Payment and Performance Bonds Received (Date): Rating: B++ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding C-16438 2/28/2020 I. PROJECT INFORMATION 3/13/2019 9/5/2019 N/A 19 3/11/2019 Public Works Water Main Extension at Victory & Ten Mile V. BASIS OF AWARD 3/8/2019 March 15, 2019 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION March 14, 2019 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 3/13/2019 Award based on Low Bid Highest Ranked Vendor Selected $1,151,520 Brent Blake If yes, has policy been purchased? Cougar Excavation III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96140 10631.C TASK ORDER RFP / RFQ BID Meridian City Council Meeting Agenda March 19, 2019 – Page 261 of 652 c to t- \f) (D "iCO\ - o $ !s \0 nt 91l cj \nIJ sl ulr s( : ,- v) ; \\ \ \\ \\\ \ \ zc V 2J( Lu dJIl =1 Fzfo =o E uo!lec!J!uac sqns # c!"1 puog pl8 ,# unpuopp! |, unpuappv pau6!S E,oozut q (v)(oo (D =o u UJ (D = o 6 ; .cl !,oiigoooCLfl o(9 ci o) o(\ g o = lU = oo ITJ o luf s = o tr .9 otro x UJ tr lLlo (E =ii =zo E IDFJfa IIJtr o m o ( 3 Z HcH r trl \s). 0 d u) & LUL z a{ p dI {I\ \.u t a GdJ Meridian City Council Meeting Agenda March 19, 2019 – Page 262 of 652 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96140 WATERLINE EXTENSIONS 1,470,000.00 0.00 1,470,000.00 100.00% 0000 NON-DEPARTMENTAL 0.00 105.12 (105.12) 0.00% 10432 ACHD Ustick Meridian Rd Utility Improvements 35,703.21 0.00 35,703.21 100.00% 10575 ACHD, Linder Road, Franklin Road to Pine Road, Water and Sew 5,322.62 0.00 5,322.62 100.00% 10575.a ACHD Linder Road Franklin Road to RR Tracks - Design & Const 0.00 5,322.62 (5,322.62) 0.00% 10581 Reflection Ridge PRV Equipment 0.00 10,734.45 (10,734.45) 0.00% 10591 ACHD, Meridian Road, Cherry Lane to Ustick Road, Water and S 6,645.00 0.00 6,645.00 100.00% 10591.a ACHD Meridian Rd Utility Improve. Design Cherry to Ustick 0.00 5,145.00 (5,145.00) 0.00% 10631 Water Main Extension, W Victory Rd and S Ten Mile Rd 0.00 20,000.00 (20,000.00) 0.00% 10631.a Water Main Extension, W Victory Rd and S Ten Mile Rd 551,170.70 53,870.70 497,300.00 90.23% 10763 ACHD Linder Road - Cayuse Creek to Chinden 4,342.18 0.00 4,342.18 100.00% 10763.a ACHD, Linder Road - Cayuse Creek to Chinden Utility Improvem 0.00 4,342.18 (4,342.18) 0.00% 10764 ACHD Linder Road - Ustick to McMillan 26.97 0.00 26.97 100.00% 10764.a ACHD, Linder Road - Ustick to McMillan Utility Improvements 0.00 26.97 (26.97) 0.00% 10913 ACHD Ten Mile Ustick to McMillan Water Sewer Improve 0.00 26,309.00 (26,309.00) 0.00% 10933 Franklin Road Interconnect with Suez 2,753.68 0.00 2,753.68 100.00% 10982.A Bicentennial PRV Meters 0.00 13,328.24 (13,328.24) 0.00% 10982.b Bicentennial PRV Parts 0.00 24,597.84 (24,597.84) 0.00% Total Capital Outlay 2,075,964.36 163,782.12 1,912,182.24 92.11% TOTAL EXPENDITURES 2,075,964.36 163,782.12 1,912,182.24 92.11% Date: 1/22/19 04:42:34 PM Page: 1 Meridian City Council Meeting Agenda March 19, 2019 – Page 263 of 652 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WATER MAIN EXTENSION at VICTORY & TEN MILE PROJECT # 1063{.C THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 19h day of March, 2019, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Couqar Excavation, LLC, hereinafter refened to as "CONTRACTOR",whose business address is P.O. Box 1306, lD 83680 and whose Public Works Contractor License # is C-16438. INTRODUCTION Whereas, the City has a need for services involving Water Main Replacements; 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 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract 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 Exhibit '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 WATER MAIN EXTENSION _ VICTORY & TEN MILE Project 10631 .C page 'l of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 264 of 652 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 otherwananties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request underthis 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 Contractorshal! be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $1.151.519.56. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees eamed 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 Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, mayterminate this Agreement by giving written notification to Contractor. WATER MAIN EXTENSION - VICTORY & TEN MILE Project 10631.C page 2 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 265 of 652 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit 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. 4. Liquidated Damages: There are seven (7) milestones listed in the Milestone Schedule. Contractor shall be liable to the City for any delay beyond the date listed in the amount of $300.00 (three hundred dollars) per calendar day for each milestone independently. Liquidated damages wil! be calculated concurrently. 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. . PRV #33 completion o PRV #34 completion o All non-irrigation crossing work. Begin irrigation crossings (borings & open trench). lrrigation crossings completion. Substantial Completion o Final Completion Substantial Completion: This project shal! be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidentalwork, conections or repairs remain for the physical completion of the total contract. 5. Termination: 5.1 If, through anycause, CONTRACTOR, itsofficers, employees, oragentsfails to fu!fill 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. ln 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. WATER MAIN EXTENSION * VICTORY & TEN MILE Project 10631.C page 3 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 266 of 652 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liabilityto 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 Clry 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. 6. lndependent Contractor: 6.1 ln 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 clrY. Except as expressly provided in Exhibit 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. 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 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 contro! with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf 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. 7.Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. WATER MAIN EXTENSION - VICTORY & TEN MILE Project 10631.C page 4 ol 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 267 of 652 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and al! losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and aftorney'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 specificallv aqrees that it will maintain. throughout the term of this Aoreement. liabilitv insurance. in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident oroccurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The Iimits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if Clry becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmlessclw from and for al! such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attomeys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contracto/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 lnsurance, or other proof of insurance evidencing CONTRACTOR'S comptiance 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. ln the event the insurance minimums are changed, CONTRACTOR shal! 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, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.3 Anydeductibles, 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 tetter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance orself-insurance maintained bythe City WATER MAIN EXTENSION - VICTORY & TEN MILE Project 10631.C page 5 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 268 of 652 orthe City's elected officers, officials, employees and volunteers shallbe excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contracto/s agents, representatives, employees or subcontractors. 10. 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. 11. Bonds: Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance perthe 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 wil! require an additional two (2) year wananty from the date of City's acceptance of the corrected work. Upon discovery of a warranty item/situation City shall determine if the warranty poses a threat to public health and safety. lf so, the City at its option shall: Take immediate action to remedy the threat to public health and safety and WATER MAIN EXTENSION _ VICTORY & TEN MILE Project 10631.C page 6 of 14 a. Meridian City Council Meeting Agenda March 19, 2019 – Page 269 of 652 13. 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. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. MeridianStormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http ://www. merid ia ncity.orq/envi ron mental. aspx? id = 1 36 1 8. Contractorshallretain allstormwaterand erosion controldocumentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved bythe City priorto finalacceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. WATER MAIN EXTENSION - VICTORY & TEN MILE Prqect 10631.C page 7 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 270 of 652 17. Reports and lnformation: 17.1 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. 17.2 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. 18. Audits and lnspections: 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. 19. 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. 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee orapplicantforemployment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfullydiscriminate in violation of anyfederal, 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. WATER MAIN EXTENSION - VICTORY & TEN MILE Project 10631.C page 8 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 271 of 652 21. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent Iegal advice from its attorney's or the opportunity to seek such advice. 23. 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 shal! survive any default, termination orforfeiture of this Agreement. 24. ConstructionandSeverability: lf 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. 25. 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. 26. 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 contempora neous he rewith. 27. 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. WATER MAIN EXTENSION . VICTORY & TEN MILE Prolect 10631.C page 9 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 272 of 652 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value wil! be withheld from the final pay application(s) until fina! completion has been met and releases from both the ldaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shallcomply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. 33. 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: clw GONTRACTOR City of Meridian Couqar Excavation, LLC Purchasinq Manaqer Attn: Colby Buffinqton 33 E Broadway Ave PO Box 1306 Meridian, lD 83642 Meridian, lD 83680 WATER MAIN EXTENSION - VICTORY & TEN MILE Project 10631 .C F page 10 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 273 of 652 208-489-0417 Phone: 208-860-4578 Email: colbybuffington@hotmail.com Idaho Public Works License #C-16438 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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN COUGAR EXCAVATION BY: BY. TAMMY de WEERD, MAYOR Dated: 3 - «' 201 q Approved by Council: 3 _l q Attest: i C.JA(COLES, ITY CLERK Purchasma Approval BY: KEITH ATTS, Pu chasing Manager Dated: -3- 1 3 - 19 Project Manager Brent Blake WATER MAIN EXTENSION — VICTORY & TEN MILE Project 10631.0 Dated: _ �GO�QORATEOq� E Cit., � ►� w jo m��iom D SEAL "e TREASUF" Department Approval /4 ly Dated: S- 12-1c page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1916.10631.C ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-l916-10631 .C, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Sfandards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans - Water Main Extension W.Victory Road & S. Ten Mile Rd by Civil Survey Consultants, lnc. dated 1-14-2019 (20 pages) Special Provisions by Civil Survey Consultants, lnc. dated 1-14-2019 1zt pagesl WATER MAIN EXTENSION _ VICTORY & TEN MILE Project 10631.C page 12 ot 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 276 of 652 A. WATER MAIN EXTENSION _ VICTORY & TEN MILE Project 10631.C Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $1 ,151,519.56. Milestone 1a PRV #33 Complete October 1, 2019 Milestone 1b PRV #34 Complete October 1,2019 Milestone 1c All Non-lrrigation Crossing Work October 1,2019 Milestone 2 Begin lrrigation Crossings (Borings and Open Trench) October 21,2019 Milestone 3 lrrigation Crossings Complete March 1,2020 Milestone 4 Substantial Completion March 15,2020 Milestone 5 Final Completion April 2, 2020 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the Water Main Extension at Victory & Ten Mile per IFB PW-1916-10631.C NOT TO EXCEED CONTRACT TOTAL.$1Jt5L.[19r6 Contract is a not to exceed amount. Line item pricing below will be used for invoice verificatlon and any additional increases or decreases in work requested by city. The City wil! pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No.Description Quantity Unit Unit Price 307.4.1.D.1.TYPE C SURFACE RESTORATION (GRAVEL SHOULDER)6,787 LF Sa.ao 307.4.1.E.1.TYPE C SURFACE RESTORATION (GRAVEL PAD)354 SY Sra.o 307.4.1.G.1.a.TYPE P SURFACE RESTORATION 7,',t43 SY 5zz.tz 307.4.1.G.1.b.TYPE P SURFACE RESTORATION. TEMPORARY s00 SY S+a.gs ssso.20308.4.'1.A.1 PIPE BORING AND JACKING 151 LF 310.4.1.A.1.24" 4,3/8" THICK STEEL CASING 270 LF Sso.sz 401.4.1.A.1.a.6- PVC, AWWA CgOO, DR18 WATER MAIN 120 LF s29.9s page 13 of 14 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule Meridian City Council Meeting Agenda March 19, 2019 – Page 277 of 652 401.4.1.A.1 .b.8" PVC, AWWA CgOO, DR18 WATER MAIN 102 LF WATER MAIN EXTENSION - VICTORY & TEN MILE Project 10631.C s44.00 401.4.1.A.'1.c.12" PVC, AWWA CgOO, DR18 WATER MAIN 8,367 LF Ssz.o+ 401.4.1.A.1.d 16" PVC, AWWA C905, DR25 WATER MAIN 10 LF S238.oo 402.4.',|.A.1.a.6" GATE VALVE 9 EA s1,086.0O 402.4.1.A.1.b.8" GATE VALVE 2 EA S1,166.00 402.4.1.4.1.c.12" GATE VALVE '16 EA 52,oe4.2s 403.4.1.4.1 FIRE HYDRANT ASSEMBLY WITH LOCATE STATION I EA S3,124.00 405.4.1.A.1 PROVIDE NON POTABLE WATER LINE SEPARATION 5 EA S1,ooo.oo 1001.4.2.A.'.t.STAGING AREA 1 EA Sroo.oo 1001.4.2.8.1.STABALIZED CONSTRUCTION ENTRANCE 4 EA S1,3oo.oo 1003.4.1.G.1.STRAW WATTLE 1,800 LF Sr.s+ 1006.4.1.C.1 INLET PROTECTION 3 EA s120.00 1103.4.1.A.1 TRAFFIC CONTROL 1 LS s43,900.00 2010.4.1.4.1.MOBILIZATION 1 LS sso,ooo.oo SP-1a PRESSURE REDUCING VALVE STATION #33 1 EA s92,968.00 SP-1b PRESSURE REDUCING VALVE STATION #34 1 EA s92,958.00 SP.2 LEAK DETECTION METERING STATION PER MERIDIAN SD-W14 2 EA s2,s4s.oo SP-3 REMOVE AND REPLACE ]NACTIVE DUAL PRESSURE SEWER MAIN 1 LS s11,300.00 SP-4 LOCATE STATION PER MERID]AN SD-Gs 5 EA S1,o8o.oo SP-5 PRESSURE REDUCING STATION #33 CONTROL PANEL 1 LS s33,880.00 SP-6 TEMPORARY BLOWOFF 8 EA s3,654.00 page 14 of 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 278 of 652 , Premium is for the Contract Term and is subject to adjustment based on Final Contract Price .SAIA Document A31 2rM - 2010 Pertormance Bond CONTRACTOR: (Name, legal slatus and address) Cougar Excavation, LLC PO Box 1306 Meridian, lD 83680 OWNER: (Name, legal status and ad&ess) City of Meridian 33 East Broadway Ave. Meridian, lD 83642 coitsTRucfloN coilTRAgt Da;tc:312612019 Amount: $1,151,519.56 Description: (Name and localion) SURETY: (Name, legal stuus andprincipal place olbusiness) Lexon lnsurance Company 12890 Lebanon Road Mt. Juliet, TN37122 Bond No. 9824152 Tlis docrrment ha! lmpoilant legel oolEcquonGs. Consdtatlon wllh an attorncy ls encouraged wlth rsspect to its complellon or rnodltlcaton. Any slngular reE]lnco to Contracilor, Surety, Omer or olher party 3h8f be constsered plural whoro applicsblc. AIA DocumentA312-2010 combines tvuo separate bonds, a Performane Bond and a Payment Bond, lnto one form. ThE ls not a single combined Perfornance and Payment Bmd. BOND Date:.312612019 (Not eulier tlun Cotulntction Contract DatQ Amount: $1,151,519.56 Modifications to this Bond: E None co[TRAgroR As PR[itctPALCompany: (Corporate Seal) Project No. '1063'1.C Watermain Extension at Victory and Ten Mib El Sce Section 16 SURETY Company:(Corporate Seal) Cougar Lexon Name Name Arianna Slotemaker, Attorney-in-Fact and Title:and Title: (Any odditional signaures apryar on tlu last page of this Perlormance Bond) (FOR INFORMATION ONLY - Name, ad&ess and telephone) AGEI{T or BRO}GR: OWNER'S REPRESENIATIVE: Allied Bonding (Architect, Engineer or other prty:) 1649 Shoreline Dr. Suite 201 Boise, lD 83702 208-3454177 tt^.,--^ 1 lnll AIA Documnt Altzr - 2010. Th. Arrrrh.n lnrttrb d Arcilbc'tr.illlto g*x I Meridian City Council Meeting Agenda March 19, 2019 – Page 279 of 652 $ I The Contrastor and Sur€ty, jointly and severally, bind themselves, their heirs, executors, administrators, succ€ssors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. $ 2 If the Contractor performs the Construction Contract, the Surety and the Contraotor shall have no obligation under this Bond, except when applicable to participatc in a conference as provided in Section 3. $ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .l the Owner first provides notice to the Contractor and the Surety that the Ovmer is considering declaring a Contractor Default. Such notice shall indicate whetherthe Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Conhactor's performance. If the Otmer does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a confercnce. If the Surety timely rcquests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any confercnce requested under this Section 3.I shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Ovmer, the Contractor and the Surcty agree, the Contractor shall be allowed a reasonable time to perform the Constnrction Contract but such an agroemcnt shall not waive the Owaer's right, if any, subsequently to declare a Contractor Default; 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agxeed to pay the Balance of the Contract Price in accordance with the terms of the Construction Conmct to the Surcty or to a contractor selected to perform the Construction Contract. $ { Failure on the part of the Owner to comply with the notice rcquirement in Section 3. I shall not constitute a failurc to comply with a condition precedent to the Surety's obligations, or release the Surety from ib obligations, except to thc extent the Surety demonstrates actual prejudice. $ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense takc onc ofthe following actions: $ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; $ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; $ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and complaion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concutrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result ofthe Contractor Default; or $ 5.{ Waive its right to perform and complete, arrange for completion, or obtain a new conmctor and with rcasonable promptness under the circumstances: ,1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify thc Owner, citing the reasons for denial. $ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to bc in default on this Bond seven days after receipt of an additional written notice from the Owncr to the Surety demanding that the Surety perform its obligations under this Bon4 and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 2lnlt AIA Docum.ttt Atl2r - 2010. Th. Amc,lc.n lnditsb of Archit6c-ts. I Meridian City Council Meeting Agenda March 19, 2019 – Page 281 of 652 $ 7 If the Sur€ty elects to act under Section 5.1,5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contrastor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contraa. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of thc Contractor for correction of defective work and completion of the Constnrction Contact; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act ofthe Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Constmction Contract, actual damages caused by delaycd performance or non-performance ofthe Contractor. $ 8If the Surety elecs to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. $ 9 The Surety shall not be liable to the Ovmer or others for obligations of the Contractor that are unrelated to the Construction Contact, and the Balance of the Contract Price shall not be reduced or set offon account of any such unrclated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, cxecuton, administrators, successors and assigns. $ l0 The Surety hereby waivcs notice of any change, including changes of time, to the Constnrction Contract or to related subcontracts, purchase orders and other obligations. $ 1l Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within nro years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two ycars after the Surety refuses or fails to perform its obligations under this Bond, whichever occurc first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. $ 12 Notice to the Surety, the Owner or the Contractor shall bc mailed or delivered to thc address shown on the page on which their signature appears. $ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed delaed herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fumished, the intent is that this Bond shall be constmed as a statutory bond and not as a common law bond. $ 14 Deflnltlonc $ ltLl Balance of the Contract Pdce. The total amount payable by the Owner to the Contractor under the Constuction Contract after all pmper adjustments have been made, including allowance to the Contractor of any amounts rcceived or to be rcceived by the Owner in settlement of insurance or other claims for damages to which the Confaclor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contact. $ 14.2 Construc{ion Contrac{. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. $ 14.3 Contnctor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. $ 14.4 Ovner Default. Failure of the Owner, which has not been rernedied or waived, to pay the Contractor as required underthe Construction Contract or to perform and complete or comply with the other material terms of the Construction Conbact. $ 14.5 Contacl Documenta. All the documents that comprise the agreement between the Owner and Contractor. $ 15If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 3 lntl AlADocumantASl2n -2OlO,Th.Amcrican lnrttubof Architacb. I Meridian City Council Meeting Agenda March 19, 2019 – Page 282 of 652 § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: -__-- — _- Name and Title: Name and Title: –('arnm Address 7«:1 Address 33 8rti Way �` CAUTION: You should sign an original AIA Contract Document, on which this text a rt e���s --�t--� 8 9 appears In RED. A original assures thaty� changes will not be obscured. Inst. AIA Document A312T" —2010. The American Instftute of Architects. #AIA DocumentA3l 2rM -201a Payment Bond COl{tRACTOR: (Name, legal status and address) Cougar Excavation, LLC PO Box 1306 Meridian, lD 83680 OWNER: (Name, legal snnu and ad*ess) City of Meridian 33 East Broadway Ave. Meridian, lD 83642 CONSTRUCTION CONTRAST Date: 312612019 Amount: $1,151,519.56 Description: (Name and location) SUREIY: (Name, legal status and principal place ofbusiness) Lexon lnsurance Company 12890 Lebanon Road Mt. Juliet, TN37122 (Corporate Seal) , Attorney-in-Fact Bond No. 9824152 THs doq,rment has importent legal oonsequonog!. Consultatlon wllh an attomey ls encouraged wlth resped to tB comple0on or modlfcatlon. Any slrBular reErene to Contractor, Surety, Owner or other paily ahall be consldered plural wher" appllcable. AIA DocumentA3l2-?J10 comblnes trYD separate bonds, a Perfomance Bond and a Pafnent Bond, into one form. Thls ls not a slngh comblned Perfomanca and Payment Bond. BOND plsgg; 312612019 (Not earlier ilan Coralntclion Contract Dole) Amount; $1,151'519.56 Modifications to this Bond: E9 None E See Scction lE COI{IRACTORAS PRINCIPAL SURETY Project No. 10631.C Watermain Extension at Victory and Ten Mile Company: Lexon Name and Title: Company: (Corporate Seal) Couo'ar Excavation. LLC ,r**"r,,-% i,Name .-. / -tJCU-2-- and Title: - (Arry additional signatures appear on tte last page ofthis Paymen Bond) (FOR INFORMATION ONLY- Name, address and telephone) AGENI or BROKER: OWIIER'S REPRESENTATI\rE: Allied Bonding (Architect, Engineer or other party:) 1649 Shoreline Dr. Suite 201 Boise, lD 83702 208-3454177 5 lnlt AIADoculuttAll2r-2ol0.ThcAnf,rlcinlmtitubofArrribct .Grr ro g^\ Meridian City Council Meeting Agenda March 19, 2019 – Page 284 of 652 $ I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigrrs to the Owner to pay for labor, materials and cquipment furnished for use in the performance of the Construction Contact, which is incorporated herein by rEference, subject to the following terms. $ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Oumer from claims, demands, liens or suits by any pe$on or entity seeking payment for labog materials or e4uipment fumished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. $ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any pennn or entity seeking payment for labor, materials or equipment fumished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. $ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemni$ and hold harmless the Owner against a duly tendered claim, demand, lien or suit. $ 5 The Surcgr's obligations to a Claimant under this Bond shall arise after the following: $ 5.1 Claimants, who do not have a dircct contact with the Contractor,.1 have furnished a written notice of non-payment to the Contactor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, firmished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last fumished materials or equipment included in the Claim; and,2 have sent a Claim to the Sure$ (at the address described in Section l3). $ 52 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surcty (at the address described in Section l3). $ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satis$ a Claimant's obligation to furnish a written notice of non-payment under Section 5.1 . I . $ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: $ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and $ 7.2 Pay or arrange for payment of any undisputed amounts. $ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached €r€ement. I{, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,lhe Surety shall indcmnify the Claimant for the reasonable attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. $ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the unount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. $ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of thc Construction Contract and to satisfr claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract arc dedicated to satisff obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 6 lnlt AIA Docum.nt Atl2il - 2010. The Anr.ric.n lnrtitub d Arthitcctr. I Meridian City Council Meeting Agenda March 19, 2019 – Page 286 of 652 $ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Constnrction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. ! ll The Surety hereby waives notice of any change, including changes of time, to the Constnrction Contract or to related subcontracts, purchase orders and other obligations. $ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (l) on which the Claimant sent a Claim to the Surety pursuant to Section 5 . L2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment werc fumished by anyone under the Construction Contract, whichever of (t) or (2) first occurs. If the provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction ofthe suit shall be applicable. $ 13 Noticc and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their sigrrature appean. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date rcceived. $ 14 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in tlris Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. $ 15 Upon request by any person or entity appcaring to be a potential beneliciary ofthis Bond, the Contractor and Owner shall promptly fumish a copy of this Bond or shall permit a copy to be made. s s l6 Definitionc 16.l Claim. A written statement by the Claimant including at a minimum: .l the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished;.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; ,4 a brief description of the labor, materials or equipment fumished;.5 the date on which the Claimant last performed labor or last fumished materials or equipment for use in the performance of the Construction Contract; .6 the total amount eamed by the Claimant for labor, materials or equipment fumished as of the date of the claim; .l the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as of the date of the Claim. $ 16.2 Chlmanl An individual or entity having a dircct conract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an appticable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shalt be to include without limitation in the tcrms "labor, materials or equipmenf'that part of water, ga!i, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Constuction Contract, architectural and engineering services rcquired for perfonnance ofthe work ofthe Contrastor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. $ 16.3 Construc{ion Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. I nlt AIA Oocumant A3l 2il - 201 0. Thc ArnG.ic.n lnstihrb of Archibcts. 7 I Meridian City Council Meeting Agenda March 19, 2019 – Page 287 of 652 $ lC.l Owne Ddlutl Failqrc of thc Owncr, wtrich has not becn rcmcdicd or waivc4 to pay the Contractor as rcquircd unacr ttrc Constsustion Contrast or to perform and completc or comply with the other matcrial tcrms of 0rc Constnrction Contnst $ f 0.5 Gonfrc{ Documcntr. All thc doctmcnts that comprise thc aglcement bctwecn the Owner and Contractor. C lT If eis Bond is issucd for an agnecment bctween a Contrastor and subcontracrtor, the term Contactor in this Bond shall be decmed to be Subcontractor and the tcrm Ovmcr shall be deemed to be Contrastor. $ iE Modificationsto this bond arc as follows: None (Sree is prwidcd below for addtliorul sigruures of added prties, other thot thase qpeoing on tlu cover page.) COIIRACIORAS PRII{CIPAL SURETYCompany: (Corporate &al) Company: (CorpateSeal) Sigranre: Namc and Title:Addrcss oao'tz- CAUnOil: You rhoukl rlgn rn orlglnal AIA Contrast Document, on srhlch $b bxt epperlt ln RED. An odglml oun thrt chtngo! wlll not bc obacurud. Sigrature: Name and Title: Address lnlt AlAOoourilA,l2il-2010.ThrA,mdc.nlndrtu5.rA,dlbcir. 8 I Meridian City Council Meeting Agenda March 19, 2019 – Page 288 of 652 POWER OF ATTORNEY Lexon lnsurance ComPanY KNow ALL MEN By rHESE PRESENTS, that LExoN |NSURANCE CoMPANY, a Texas corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint Jennifer Grenrood, Arianna slotemaker its true and lawful Attorney(s)-ln-Fact to make' execute, seal and deliver for, and on its behalf u" "rr"tv, any and all bonds, undertakings or other writings obligatory in nature of a bond' This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXoN INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the president of the company is hereby-authorized to appoint and empower any representative of the company or other person or persons as Attorney-ln-Fact to execute on behalf of th" co.p"ny any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature or a oono not to exceed ss,ooo,ooo.o0, Five ilittion oottars, which the company might execute through its duly elected officers, and affix the seal of the company tn"r"io Any said execution of such documents by an Attorney-ln-Fact shall be as binding upon the company as if they had been outy.exeduieo and ac(nowledged by the regularly elected officers of the company' Any Attorney-ln- Fact, so appointed, ."y u" ,t.oued for good cause and the authority so granteo may be revoked as specified in the Power of Attorney' Resolved, that the signature of the president and the seal of the company may be -affixed by facsimile on any power of attorney granted, and the signature oi the Assistant secretary, an_d thg seal .of the company may be affixed by facsimile to any certificate of any such power and any such po*",. o.. certificate oearing-iirtn facsimile signature and seal shall be valid and binding on the company Any such power so executed and sealed and certificate sJexecuted and sealed shall, with respect to any bond of undertaking to which it is attached' continue to be valid and binding on the Company' lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President' and its corporate Seal to be affixed this 22nd day of June, 2018' LEXON TNSURANCE COM'AN' fr'rt;rr,-aYt Brian Beggs President LX - 9319 , did depose and say that he instrument; that he executed ACKNOWLEDGEMENT On this 22nd day of June, 2018, before me, personally camg Brian Beggs to me known, who be duly sworn is the piesident of leiott iNsunaHce coMpANy, the corporation described in and which executed the above said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. BY Amy Nota Public BY Andrew Smith Assistant Secretary ,,wARNING: A,ry person who knowingly and with lntont to defraud any lnsurance company or other person, files and application for insurance of clalm contalnlng any matorlaly ratse tnrormaflon, or conceats tot the purposo of mlsleadlng, lnfomatlon concernlng any tact material thereto' commits a fraudulent insurance act, which ls a crime and subJects such percon to crlmlnal and clvll penaltles." AMY TAYLOR Notary Public- State of Tennossee Davidson County My Commission ExPires 07-08-19 CERTIFICATE l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY that the original pow6r oihttoin"v of which th6 forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 2,.S Day of vt^(rCh , 20 t 1 Zl 4.J*. EA.L SEAL Meridian City Council Meeting Agenda March 19, 2019 – Page 289 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 Q Project File Number: Item Title: FY2018 Audit Report Acceptance Meeting Notes: 0 I TEM SHEET C ouncil Agenda I tem - 6.Q. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Acceptance of F Y 2018 Audit Report Eide B ailly has submitted the annual F Y2018 A udit R eport to the City of Meridian. C ouncil Notes: W ith no findings/opinions in the audit report, the F inance department will not be presenting the audit report. Please accept the clean audit report as a consent item. AT TAC HM E NT S: Description Type Upload D ate F Y2018 A udit Governance L etter E xhibit 2/26/2019 F Y2018 A udit R eport E xhibit 2/26/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 3/12/2019 - 4:49 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 291 of 652 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 1 February 22, 2019 To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of the governmental activities, the business type activities, and discretely presented component unit and each major fund of the City of Meridian, Idaho (the City) as of and for the year ended September 30, 2018, and have issued our report thereon dated February 22, 2019. Professional standards require that we advise you of the following matters relating to our audit. Our Responsibility in Relation to the Financial Statement Audit under Generally Accepted Auditing Standards and Government Auditing Standards As communicated in our letter dated November 1, 2018, our responsibility, as described by professional standards, is to form and express an opinion about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of its respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Compliance with All Ethics Requirements Regarding Independence The engagement team, and others in our firm, as appropriate, have complied with all relevant ethical requirements regarding independence. Meridian City Council Meeting Agenda March 19, 2019 – Page 292 of 652 2 Qualitative Aspects of the Entity’s Significant Accounting Practices Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements. There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during 2018. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments. The most sensitive accounting estimates affecting the financial statements are: Management’s estimate of the employer pension assumption is based on actuarial estimates provided by PERSI. We evaluated the key factors and assumptions used to develop the net pension liability in determining that it is reasonable in relation to the financial statements taken as a whole. Financial Statement Disclosures Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to: The disclosure of net pension liability in Note 10 to the financial statements is sensitive as this note supports assumptions made and inputs used to determine the employer pension assumption. Significant Difficulties Encountered during the Audit We encountered no significant difficulties in dealing with management relating to the performance of the audit. Uncorrected and Corrected Misstatements For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole. Meridian City Council Meeting Agenda March 19, 2019 – Page 293 of 652 3 The following summarizes uncorrected financial statement misstatements whose effects in the current and prior periods, as determined by management, are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. General Fund / Governmental Activities: A passed adjustment to record the revenue related to Meridian Rural Fire Department for billings related to September 2018, which would increase accounts receivable and revenue by $189,000. Capital Projects Fund: A passed adjustment to record the fair market value adjustment for those funds held in the local government investment pool as of September 30, 2018, which would have increased cash equivalents and investment income by $11,000. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit. Representations Requested from Management We have requested certain written representations from management that are included in the management representation letter dated February 22, 2019. Management’s Consultations with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. Other Significant Matters, Findings, or Issues In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, business conditions affecting the entity, and business plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City’s auditors. Other Matters The financial statements include the financial statements of Meridian Development Corporation, (MDC), which we considered to be a significant component of the financial statements of the City. Consistent with the audit of the City’s financial statements as a whole, our audit included obtaining an understanding of MDC and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements of MDC and completion of further audit procedures. This report is intended solely for the information and use of the Mayor, City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties. Boise, Idaho Meridian City Council Meeting Agenda March 19, 2019 – Page 294 of 652 Financial Statements September 30, 2018 City of Meridian, Idaho The City of Meridian is located in the center of the Treasure Valley in southwest Idaho. Founded in 1893, and incorporated as a city in 1903, Meridian is now one of Idaho's largest and fastest growing communities. Meridian is cited by Money Magazine as one of its Top 50 Best Places to Live, and by America's Promise Alliance and ING as one of the Nation's 100 Best Communities for Young People. For more information, visit www.meridiancity.org. Meridian City Council Meeting Agenda March 19, 2019 – Page 295 of 652 City of Meridian, Idaho Table of Contents September 30, 2018 Independent Auditor’s Report .................................................................................................................................... 1  Management's Discussion and Analysis .................................................................................................................... 3  Financial Statements  Basic Financial Statements  Government-wide Financial Statements  Statement of Net Position .................................................................................................................................... 15  Statement of Activities ......................................................................................................................................... 17  Fund Financial Statements  Balance Sheet – Governmental Funds ................................................................................................................. 18  Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ......................... 19  Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds ......................... 20  Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .................................................................................................................... 21  Statement of Net Position – Proprietary Fund ..................................................................................................... 22  Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Fund ................................ 24  Statement of Cash Flows – Proprietary Fund ...................................................................................................... 25  Notes to Financial Statements .............................................................................................................................. 26  Required Supplementary Information  Schedule of Employer’s Share of Net Pension Liability and Employer Contributions ....................................... 50  Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – General Fund ...... 52  Notes to Required Supplementary Information ................................................................................................... 54  Other Information  Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Capital Projects Fund ..................................................................................................................................................................... 55  Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Enterprise Fund ... 56  Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ....... 57  Meridian City Council Meeting Agenda March 19, 2019 – Page 296 of 652 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 1 Independent Auditor’s Report Mayor and Members of the City Council City of Meridian, Idaho Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, (the City), as of and for the year ended September 30, 2018, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Meridian City Council Meeting Agenda March 19, 2019 – Page 297 of 652 2 Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City, as of September 30, 2018, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, budgetary comparison information, Schedule of Employer’s Share of Net Pension Liability and Employer Contributions as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The Schedules of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual – Capital Projects Fund and Enterprise Fund are presented for purposes of additional analysis and are not a required part of the basic financial statements. The Schedules of Revenues, Expenditures, and Changes in Fund Balance – Budget to Actual – Capital Projects Fund and Enterprise Fund, have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated February 22, 2019 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City’s internal control over financial reporting and compliance. Boise, Idaho February 22, 2019 Meridian City Council Meeting Agenda March 19, 2019 – Page 298 of 652 3 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 This section of the City of Meridian’s (City’s) annual financial report presents management’s discussion and analysis of the City’s financial performance during the year ended September 30, 2018. Please use this information in conjunction with the information furnished in the City’s financial statements. Financial Highlights  The total assets and deferred outflows of the City exceeded its liabilities and deferred inflows at September 30, 2018 by $504,404,579. Of this amount $75,882,999 is unrestricted and available to meet the City’s on-going obligations to citizens and creditors.  Net position of the Governmental activities finished the fiscal year 2018 at $153,841,500 and the net position of Business-type activities finished fiscal year 2018 at $350,563,079.  Total fund balance of governmental funds at September 30, 2018 was $64,386,398 as compared to a total governmental fund balance at September 30, 2017 of $53,450,416. o Of the September 30, 2018 fund balance, $31,254,352 is unassigned and available to meet the City’s on-going obligations.  The City has no outstanding long-term debt at September 30, 2018. Overview of the Financial Statements This annual report consists of five parts – management discussion and analysis, the government-wide financial statements, fund financial statements, notes to the financial statements, and required supplementary information. Government - Wide Financial Statements These statements report information about all of the operations of the City using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year’s revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government-wide financial statements are divided into two categories: Statement of Net Position – Reports all of the City’s assets and deferred outflows of resources less liabilities and deferred inflows of resources with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. Statement of Activities – Reports all of the City’s revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. Fund Financial Statements The Fund financial statements provide information about the City’s major funds, not the City as a whole. The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or may be established by the City Council. Meridian City Council Meeting Agenda March 19, 2019 – Page 299 of 652 4 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 The City has the following funds: Governmental Funds: These funds encompass the City’s basic services, public safety, community planning and development, administration, and parks and recreation. Governmental fund financial statements focus on short- term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. The City has two governmental funds: General Fund – The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Development Services Fund, used to account for revenue and expenses of the community planning and development function, and the Public Safety Fund used to set aside funds for police and fire capital projects. It also includes the Impact Fee Fund used to account for park and public safety impact fee revenue and capital acquisitions. Capital Projects Fund – The Capital Projects Fund is used to account for financial resources to be used for the acquisition of major capital facilities. The City has one proprietary fund: Enterprise Fund: User fees finance activities in this fund. The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this fund is the same as a private business on a full accrual basis. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government-wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the City’s budget data for the year, as well as the City’s schedule of employer’s share of net pension liability and the City’s schedule of employer contributions. FINANCIAL ANALYSIS OF THE CITY OF MERIDIAN AS A WHOLE Net Position Net position measures the difference between what the City owns (assets and deferred outflows) and what the City owes (liabilities and deferred inflows). At September 30, 2018, the City’s combined assets and deferred outflows exceeded liabilities and deferred inflows by $504,404,579 as compared to the net position as of September 30, 2017 of $454,860,779. The largest portion of the City’s net position is invested in capital assets, net of related debt. Capital assets include land, building, equipment and machinery, and sewer and water utility infrastructure. Meridian City Council Meeting Agenda March 19, 2019 – Page 300 of 652 5 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 The City’s unrestricted net position equals $75,882,999 of total net position. This is an decrease from FY2017 to FY2018. Net position restricted to a particular use equaled $13,082,594 of the City’s total net position. This is an increase from FY2017 to FY2018. The table below has been condensed from the Statement of Net Position: 2018 2017 2018 2017 2018 2017 Current and Other Assets 105,169,060$ 89,097,432$ 46,339,422$ 56,694,293$ 151,508,482$ 145,791,725$ Capital Assets 99,717,376 95,145,798 316,377,051 270,046,387 416,094,427 365,192,185 Deferred Outflows of Resources 2,989,374 2,613,688 747,373 652,649 3,736,747 3,266,337 TOTAL Assets and Deferred Outflows of Resources 207,875,810 186,856,918 363,463,846 327,393,329 571,339,656 514,250,247 Current Liabilities 7,035,713 4,709,506 9,381,806 7,082,436 16,417,519 11,791,942 Long-term Liabilities 11,748,184 11,956,963 3,040,339 3,099,983 14,788,523 15,056,946 Deferred Inflows of Resources 35,250,413 32,145,154 478,622 395,426 35,729,035 32,540,580 TOTAL Liabilities and Deferred Inflows of Resources 54,034,310 48,811,623 12,900,767 10,577,845 66,935,077 59,389,468 Net Investment in Capital Assets 99,717,376 95,145,798 315,721,610 269,275,919 415,438,986 364,421,717 Restricted 13,082,594 12,543,796 - - 13,082,594 12,543,796 Unrestricted 41,041,530 30,355,701 34,841,469 47,539,565 75,882,999 77,895,266 TOTAL Net Position 153,841,500$ 138,045,295$ 350,563,079$ 316,815,484$ 504,404,579$ 454,860,779$ Primary Government Governmental Activities Business - type Activities Total Meridian City Council Meeting Agenda March 19, 2019 – Page 301 of 652 6 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 Changes in Net Position During the year the City’s financial position improved by $49,543,800. The following condensed financial information was derived from the government-wide Statement of Activities and shows how the City’s net position changed during the year. FY2018 FY2017 FY2018 FY2017 FY2018 FY2017 Revenues Program Revenues Charges for services 12,837,399$ 10,000,033$ 26,382,236$ 25,514,268$ 39,219,635$ 35,514,301$ Operating grants and contributions 1,280,202 787,765 21,306,238 14,481,136 22,586,440 15,268,901 Capital grants and contributions 6,752,592 5,701,655 13,213,186 10,293,414 19,965,778 15,995,069 General Revenue Property taxes 31,363,924 28,786,937 - - 31,363,924 28,786,937 Franchise fees 1,543,952 1,598,461 - - 1,543,952 1,598,461 Sales tax and other governmental 7,968,750 6,977,570 - - 7,968,750 6,977,570 Investment Earnings 962,962 542,612 774,039 678,037 1,737,001 1,220,649 Other Revenue (203,574) (189,238) (508,891) (384,690) (712,465) (573,928) Total Revenues 62,506,207 54,205,795 61,166,808 50,582,165 123,673,015 104,787,960 Expenses General Government Administration 9,354,037 8,214,903 - - 9,354,037 8,214,903 Law Enforcement 17,039,536 15,605,249 - - 17,039,536 15,605,249 Fire Department 11,637,651 10,528,642 - - 11,637,651 10,528,642 Parks and Recreation 6,654,225 6,151,588 - - 6,654,225 6,151,588 Community Planning and Devlp 4,789,906 3,821,153 - - 4,789,906 3,821,153 Enterprise - sewer and water - - 24,653,860 23,513,142 24,653,860 23,513,142 Total Expenses 49,475,355 44,321,535 24,653,860 23,513,142 74,129,215 67,834,677 Excess of revenues over expenditures before transfers 13,030,852 9,884,260 36,512,948 27,069,023 49,543,800 36,953,283 Transfers - internal activities 2,765,353 2,185,002 (2,765,353) (2,185,002) - - Change in net position 15,796,205 12,069,262 33,747,595 24,884,021 49,543,800 36,953,283 Net Position, Beginning of Year 138,045,295 125,976,033 316,815,484 291,931,463 454,860,779 417,907,496 Net Position, Ending of Year 153,841,500$ 138,045,295$ 350,563,079$ 316,815,484$ 504,404,579$ 454,860,779$ Changes in Net Position for Fiscal Year Ending September 30, 2018 Governmental Activities Business-Type Activities Total Primary Government Meridian City Council Meeting Agenda March 19, 2019 – Page 302 of 652 7 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 The following list details how items are catergorized in various revenue categories listed on the Changes in Net Position table:  Governmental Activities program revenues such as “Charges for Services” include building permits and filing fees, court fines, Rural Fire District proportionate share, and Parks and Recreation fees.  Governmental Activities program revenues such as “Capital Grants and Contributions” include Parks, Police, and Fire impact fees, grant revenue, and donations.  Business-Type Activities program revenues such as “Charges for Services” include water and sewer sales, engineering fees, and solid waste pickup administration fees.  Business-Type Activities program revenues such as “Operating Grants and Contributions” include water and sewer connection fees and cash donations for operating expenses.  Business-Type Activities program revenues such as “Capital Grants and Contributions” include developer donated water and sewer lines and donations for capital outlay. Governmental Activities: Governmental net position in FY2018 increased from $138,045,295 to $153,841,500. Governmental revenue finished the fiscal year at $62,506,207 resulting in an increase over last fiscal year. Property tax revenue increased from last year to finish the fiscal year at $31,363,924. This increase in property tax revenue was the result of new residential and commercial construction growth along with the City exercising its ability to increase property tax revenue by up to 3% as allowed by State statute. This result in property tax revenue has been consistent for the City over the past few years. The second significant source of governmental revenue in FY2018 was in the category Charges for Services. A majority of this category’s revenues were development related; commercial and residential building permits, and filing fees. Charges for Services finished FY2018 at $12,837,399 as compared to $10,000,033 in FY2017. Total governmental expenses increased from last fiscal year to finish FY2018 at $49,475,355. The function of Administration accounted for $9,354,037 of the total governmental expenses. Administration includes the support departments: Human Resources, Information Technology, Legal, and Finance. In the transfers section of the Statement of Activities one half of the expenses for the support departments are transferred to the Enterprise Fund. Administration also includes Mayor and Council, City Clerk, and City Hall. Most of the increase in Administration is associated to additional personnel costs with the addition of 4 new employees. The Police Department expenses accounted for $17,039,536 of the total governmental expenses. Police personnel and operating expenses both increased year over year. Police added 11 new positions to their staff during FY2018. Fire Department expenses increased during FY2018 to a total of $11,637,651 as compared to FY2017 of $10,528,642. Similar to the Police Department, personnel and operating expenses increased year over year. The Fire Department added 12 new positions to their staff during FY2018 for fire station #6. The Parks Department expenses accounted for $6,654,225 of the total governmental expenses. Parks personnel and operating expenses increased year over year. Parks added 2.5 new positions to their staff during FY2018 and opened the recreational facility Homecourt. Meridian City Council Meeting Agenda March 19, 2019 – Page 303 of 652 8 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 Business-Type Activities: The September 30, 2018 net position for the City’s water and sewer utilities was $350,563,079 as compared to the net position at September 30, 2017 of $316,815,484. The activities of the water and sewer services, revenues minus expenses, increased net position by $33,747,595 in FY2018. A majority of the increase in FY2018 can be associated to the contributed capital that the City received throughout the year. When developers complete a development project they transfer ownership of utility infrastructure (i.e. water and sewer lines) within the development to the City. The City assumes responsibility for maintenance and replacements of the utility infrastructure. The graph below displays the historical utility infrastructure received from new development which impacts the total net position of the utility. For capital expenditures, the City has consistently completed high dollar infrastructure projects year after year to keep up with City growth and regulatory requirements during the last ten years. Large, on-going construction projects include water and sewer lines, water wells and mains, and expansion and technological improvements to the waste water treatment plant. The Proprietary Fund is divided into three departments: Wastewater, Water, and Public Works. Within Public Works there are several support services; professional engineering support, construction management, inspections, utility billing, and environmental education. In FY2018 the utility finished with total expenditures of $24,653,860. Meridian City Council Meeting Agenda March 19, 2019 – Page 304 of 652 9 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 The Water Department continued to complete various capital water supply and distribution projects in FY2018 to support the growth in the City. Their personnel and operating expenditures increased about $1.1 million year over year. Depreciation accounted for about $605 thousand of the year over year change with the remaining increase associated to additional staff in the Proprietary Fund. The Wastewater Department continued numerous capital construction projects in FY2018 to accommodate the increased growth demands the City has experienced over the past 10 years. The Wastewater Department has continued the expansion of the treatment plant to satisfy the requirements imposed upon the City by the Federal Government. The mandates set by the Federal Government will produce various improvements at the treatment plant for both capacity and treatment. The City will be managing the projects associated to Federal Government mandates over the next 8 years. The Wastewater Department’s personnel and operating expenditures decreased slightly in FY2018. The Sewer and Water Utility have two principal sources of operating revenue; sewer usage fees and water usage fees. • Sewer usage fees are monthly fees utility customers pay to the City for the collection and treatment of water flushed down the sewage system. • Water usage fees are monthly fees utility customers pay to the City for the water supplied in and on their property. Usage fees must cover basic fixed costs to keep the system operational and maintained. Connection or assessment revenues are fees charged when a property is “connected” to the system. The end goal of the fee is to produce income to enable the City to build infrastructure that “maintains a consistent level of service” for existing customers as well as new customers. These fees are classed as non-operating revenue. When the City is growing, connection revenue provides resources to expand and improve the system to accommodate the additional demands created by growth. For FY2018, the utility ended the fiscal year with $61,166,808 in total revenue as compared to $50,582,165 for FY2017. Of the major revenue sources for the utility, the sewer and water usage fees experienced a slight increase year over year while the connection/assessment fees ended the fiscal year higher than FY2017 as well. The major reason for the increase in revenues can be associated to the continued growth in customers and new development that the City has experienced for the past few years. Meridian City Council Meeting Agenda March 19, 2019 – Page 305 of 652 10 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 FINANCIAL ANALYSIS OF THE CITY’S FUNDS Governmental Funds Governmental Funds provide information about near-term inflows, outflows, and balances of resources that are available for spending. At the end of a fiscal year the unreserved fund balance serves as a useful measure of a government’s net resources. Types of governmental funds reported by the City include the General Fund, the Capital Projects Fund, the Impact Fee Fund, and the Public Safety Fund. At the end of FY2018, the City’s governmental funds had a combined ending fund balance of $64,386,398, an increase of $10,935,982 over the combined ending fund balance at the end of the prior year. Change In GOVERNMENTAL FUND BALANCES FY2018 FY2017 Fund Balance Nonspendable Prepaids 304,839$ 202,667$ 102,172$ Restricted Impact Fund 13,082,594 12,543,796 538,798 Committed Capital Projects Fund 14,169,533 10,686,661 3,482,872 Self Funding Trust Reserve 1,500,000 - 1,500,000 Public Safety Fund 1,397,845 386,687 1,011,158 Assigned General Fund Budget for Carryforward 2,677,235 1,734,190 943,045 Unassigned 31,254,352 27,896,415 3,357,937 TOTAL FUND BALANCE 64,386,398$ 53,450,416$ 10,935,982$ In accordance with GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions the fund balances are classified for the year ended September 30, 2018 as follows; of the combined ending fund balance of $64,386,398, $304,839 is in prepaid accounts and nonspendable, $13,082,594 is restricted by law, $17,067,378 has been committed by City Council to specific purposes, $2,677,235 is assigned by intent of the City to specific purposes, and $31,254,352 is unassigned and available for spending by the City. The General Fund is the primary operating fund of the City, used for major operations including Fire, Police, Development Services, Parks and Recreation, Elected Officials, and Administration. At the end of FY2018 the unassigned fund balance of the General Fund increased from the FY2017 balance. The City has established a best practice to always maintain a minimum balance within the unassigned fund balance to protect on-going and necessary personnel and operating expenses. Currently the City considers about $16 million of the unassigned fund balance to be a safe reserve. At September 30, 2018, the City considers about $16 million of the $31,254,352 unassigned fund balance available for budgeting new projects. The Impact Fee Fund is a restricted fund, and by state statute can only be spent on Police, Fire, and Parks capital projects that maintain the level of service existing when the fees were adopted. The City collects impact fees when a building permit is purchased. Park fees are collected only for residential buildings, Fire and Police fees are collected at the sale of both residential and commercial building permits. At the end of FY2018, the Impact Fund had a fund balance of $13,082,594. Meridian City Council Meeting Agenda March 19, 2019 – Page 306 of 652 11 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 The Capital Projects Fund is restricted by City ordinance. At the end of each fiscal year, if development related permit fees exceed the costs of the Community Development Department (includes Planning Department, Building Department, Administration, and Economic Development); the excess is transferred into the Capital Projects Fund. The funds can be used for general government construction projects or the purchase of equipment with significant cost and a long life, i.e. a fire engine. At the end of FY2018 the Capital Projects Fund had a balance of $14,169,533. Assigned for Public Safety purchases is a fund used to save for public safety construction or large capital purchases, principally fire engines. At the end of FY2018 this fund had a balance of $1,397,845. General Fund Budgetary Highlights Budget to Actual comparisons are found following the Notes to the Financial Statements within the “Required Supplementary Information” and “Other Information” sections as listed in the table of contents of this audit report. Below is a discussion regarding the General Fund Budget to Actual comparison. The final FY2018 General Government budget was $65,783,193. Actual expenditures were $53,653,323. FY2018 General Fund actual revenue of $61,926,185 exceeded the final budget of $52,141,606. The largest percentage of General Fund revenue resides in property tax and finished FY2018 at $31,329,216. Each budget year, by state law, taxing entities are allowed to increase the amount of property tax revenue they received during the prior calendar year by 3%. The City is also allowed to apply the prior year levy rate to the net market value of new construction. Since property tax is paid in arrears this allows the taxing entity to still collect revenue generated by new development. This helps the City provide services that new growth requires. For FY2018 the City elected to apply for 3% of the property tax increase to maintain the expected services resulting from the continued growth that is occurring in the City. The City of Meridian has experienced consistent growth each year since coming of the economic slowdown in FY2010. This is illustrated in the building permit sales graph: Intergovernmental revenue sharing is the second largest revenue stream in FY2018 and finished the fiscal year at $11,017,623. This category includes grants, sales tax revenue sharing, and a joint powers service Meridian City Council Meeting Agenda March 19, 2019 – Page 307 of 652 12 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 agreement with the Meridian Rural Fire District. Sales tax revenue is the largest item in intergovernmental revenue. The state distributes sales tax revenue to cities and counties based on a formula that in part uses population for each taxing entity. Increases in Meridian’s population coupled with a more robust economy have resulted in an increase in revenue sharing for Meridian the last number of years. The increased revenue for the City has been used to allocate the necessary resources to the departments for services to be provided to the City. The third largest source of General Fund revenue in FY2018 was licenses and permits, namely building permit sales. At the end of FY2018, the licenses and permits revenue finished the year at $7,945,094. As the previous graph depicts, the City has maintained a healthy growth pattern with building permits approvals. The City is cautious when preparing the budget for this category because a swing in the housing market will drastically reduce permit revenue. Additionally, commercial permit revenue is difficult to predict because the fee structure is based on numerous factors such as square footage, fixtures, and value. Multi-family housing development is relatively new to the City of Meridian. Following national trends the last few years the City issued more building permits for multi-family housing than at any time in the past. Budgeting for these permits, as with commercial, is difficult due to complexities in how building permits amounts are calculated. Impact fee revenue exceeded the budgeted amount by $4,307,781. As explained above, impact fees are charged when the building permit is issued and the revenue is restricted to a narrow use by state law. There are three categories of budget expenditures; personnel, operating, and capital outlay. The discussion below will address each category and the differences between budget and actual. Personnel expenses are a combination of on-going costs like wages, income taxes, medical benefits, PERSI retirement, and worker’s compensation. The total actual personnel expense was $32,544,003 as compared to the final budget of $36,073,997. The primary reason for the variance between actual and budget is related to the amount of vacancy positions that were not filled during the fiscal year. Overall the City added 38 positions to the General Government FY2018 budget; these positions were filled at various times throughout the year. Operating expenses are a combination of on-going costs like fuel, utilities, supplies, and on-going maintenance, and one-time expenses like payments to consultants, or one time purchases of equipment. The total actual operating expense was $12,489,916 as compared to the final budget of $13,996,027. The largest budget to actual variance for the operating expenses is due to the City not expending grant dollars as anticipated (about $281,000 unspent). Capital expenditures are a combination of one-time expenses like new vehicles, park construction, software acquisition, and building improvements. The total Governmental Fund FY2018 capital expense was $8,619,404 as compared to the final budget of $15,713,169. The largest budget to actual variance for the capital expenses is related to Fire station #6 construction. The station construction is planned for completion during FY2019. All remaining budget amounts pertaining to uncompleted capital projects will be completed in FY2019. Meridian City Council Meeting Agenda March 19, 2019 – Page 308 of 652 13 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 CAPITAL ASSET and DEBT ADMINISTRATION Capital Assets At the end of FY2018 the City had $415,438,986 invested in capital assets (net of accumulated depreciation). During the fiscal year the City’s total investment in net assets increased. See table below: 2018 2017 2018 2017 2018 2017 Land $ 28,276,924 $ 27,372,306 $ 2,034,092 $ 2,033,614 $ 30,311,016 $ 29,405,920 Easements 717,568 1,046,813 12,155,735 10,564,037 12,873,303 11,610,850 Buildings and improvements other than buildings 58,338,649 56,404,219 55,469,632 54,048,286 113,808,281 110,452,505 Sewer and water lines - - 162,562,893 149,894,420 162,562,893 149,894,420 Equipment 5,644,074 5,649,940 25,923,016 23,652,296 31,567,090 29,302,236 Construction in progress 6,740,161 4,672,520 57,576,242 29,083,266 64,316,403 33,755,786 $ 99,717,376 $ 95,145,798 $ 315,721,610 $ 269,275,919 $ 415,438,986 $ 364,421,717 Capital Assets as of September 30, 2018 (net of depreciation) Governmental Activities Business - Type Activities Total Primary Government The City’s investment in capital assets includes land, buildings, sewer and water lines, buildings, vehicles and equipment. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset events in the General Government Funds in FY2018 included: • $5,909,500 in Construction in Progress which includes park construction and fire engines • $700,531 in new Equipment • $648,254 in new Vehicles Major capital asset events in the Business-type Funds in FY2018 included: • $880,118 in Well construction • $1,812,439 in constructed Waterlines • $124,111 in constructed Sewerlines • $36,680,310 in Capital projects still in construction and not yet completed (includes various wastewater treatment plant construction projects to manage growth demands and treatment mandates) The City booked $4,734,897 in depreciation expense for Governmental City functions and $10,096,690 for Business-type activities. Additional information on the City’s capital assets is included in Note 5 of this report. Meridian City Council Meeting Agenda March 19, 2019 – Page 309 of 652 14 City of Meridian, Idaho Management’s Discussion and Analysis September 30, 2018 Debt Administration The City has no outstanding debt for the years ended September 30, 2018. FY2019 Economic Factors and Budgetary Considerations The City of Meridian prepares an economic forecast as a component in the process of developing the annual budget. Following local and national indicators currently affecting the City of Meridian, the City’s approved FY2019 budget anticipated a level of economic activity commiserate with the prior year. Since the Spring of 2012, construction and development has continued to be active and steady. The following were taken into consideration by the City Council when it adopted the FY2019 Budget:  The City provided for a compensation pool for the non-public safety employees of 5%  The City considered the current FY2018 economic conditions and trends while working on the FY2019 budget. The City maintained that a conservative approach to revenue projections was in the best interest of the City.  The City Council elected to increase the annual property taxes by 3% which is allowable by State code.  The City continued the practice of taking on no debt.  The Fire Department labor contract negotiations were agreed upon for FY2019 for 2 years and will be open for negotiations again starting FY2021.  The City’s sewer and water customer utility accounts continue to see growth of about 4.88% annually. Requests for Information This report is designed to provide a general overview of the City of Meridian’s finances for our citizens and customers. If you have questions about this report or need additional financial information, contact: City of Meridian Finance Department 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 888-4433 Meridian City Council Meeting Agenda March 19, 2019 – Page 310 of 652 See Notes to Financial Statements 15 City of Meridian, Idaho Statement of Net Position September 30, 2018 Governmental Business-Type Component Activities Activities Total Unit Assets Current Assets Cash and cash equivalents 36,163,343$ 12,849,428$ 49,012,771$ 2,182,834$ Restricted cash and cash equivalents 10,991,875 - 10,991,875 - Investments 14,400,022 29,534,818 43,934,840 - Restricted investments 3,315,013 - 3,315,013 - Receivables Accounts (net of $34,999 allowance for enterprise fund uncollectibles)2,913,346 3,508,997 6,422,343 5,045 Current portion of note receivable -63,648 63,648 - Property taxes 33,968,751 - 33,968,751 1,782,818 Due from other governmental units 2,967,364 - 2,967,364 - Interest 144,507 111,160 255,667 - Deposits and prepaid expenses 304,839 271,371 576,210 3,011 Total current assets 105,169,060 46,339,422 151,508,482 3,973,708 Noncurrent Assets Long-term note receivable - 655,441 655,441 - Capital assets Land, infrastructure, and other assets not depreciated 35,734,653 71,766,069 107,500,722 798,529 Buildings, improvements and equipment, net of depreciation 63,982,723 243,955,541 307,938,264 240,032 Total noncurrent assets 99,717,376 316,377,051 416,094,427 1,038,561 Deferred Outflow of Resources Pension obligations 2,989,374 747,373 3,736,747 - 207,875,810$ 363,463,846$ 571,339,656$ 5,012,269$ Primary Government Meridian City Council Meeting Agenda March 19, 2019 – Page 311 of 652 See Notes to Financial Statements 16 City of Meridian, Idaho Statement of Net Position September 30, 2018 Governmental Business-Type Component Activities Activities Total Unit Liabilities Current Liabilities Accounts payable 4,001,734$ 7,278,973$ 11,280,707$ 119,776$ Accrued payroll and taxes 1,162,137 278,171 1,440,308 - Customer deposits 1,668,743 1,794,019 3,462,762 - Due within one year Accrued vacation - current portion 203,099 30,643 233,742 - Note payable - current portion - - - 101,935 Total current liabilities 7,035,713 9,381,806 16,417,519 221,711 Noncurrent Liabilities Accrued vacation - less current portion 1,489,979 275,787 1,765,766 - Note payable - less current portion - - - 295,460 Settlement payable - 200,000 200,000 - Net pension liability 10,258,205 2,564,552 12,822,757 - Total noncurrent liabilities 11,748,184 3,040,339 14,788,523 295,460 Deferred Inflows of Resources Pension obligations 1,914,487 478,622 2,393,109 - Unavailable revenues - property taxes 33,335,926 - 33,335,926 1,735,666 Total deferred inflows of resources 35,250,413 478,622 35,729,035 1,735,666 Total liabilities and deferred inflows 54,034,310 12,900,767 66,935,077 2,252,837 Net Position Net investment in capital assets 99,717,376 315,721,610 415,438,986 641,166 Restricted for 2,118,266 Impact funds 13,082,594 - 13,082,594 - Unrestricted 41,041,530 34,841,469 75,882,999 - Total net position 153,841,500 350,563,079 504,404,579 2,759,432 207,875,810$ 363,463,846$ 571,339,656$ 5,012,269$ Primary Government Meridian City Council Meeting Agenda March 19, 2019 – Page 312 of 652 See Notes to Financial Statements Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Primary Government Governmental Activities General government Administration 9,354,037$ 223,817$ 706,362$ 8,700$ Public safety Law enforcement 17,039,536 1,172,705 224,683 733,994 Fire department 11,637,651 2,116,860 15,871 2,223,324 Parks and recreation 6,654,225 1,003,139 287,117 3,786,574 Community development 4,789,906 8,320,878 46,169 - Total governmental activities 49,475,355 12,837,399 1,280,202 6,752,592 Business-Type Activities Water and sewer 24,653,860 26,382,236 21,306,238 13,213,186 Total Primary Government 74,129,215$ 39,219,635$ 22,586,440$ 19,965,778$ Component Unit Downtown development 777,842$ -$ 24,081$ -$ General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Investment earnings Net decrease in fair value of investments Miscellaneous Gain (Loss) on sale of capital assets Transfers - internal activities Total general revenues and transfers Change in Net Position Net Position, Beginning of Year Net Position, Ending of Year Program Revenues Meridian City Council Meeting Agenda March 19, 2019 – Page 313 of 652 1 7 City of Meridian, Idaho Statement of Activities Year Ended September 30, 2018 Government Business-type Component Activities Activities Total Unit (8,415,158)$ -$ (8,415,158)$ -$ (14,908,154) - (14,908,154) - (7,281,596) - (7,281,596) - (1,577,395) - (1,577,395) - 3,577,141 - 3,577,141 - (28,605,162) - (28,605,162) - - 36,247,800 36,247,800 - (28,605,162)$ 36,247,800$ 7,642,638$ -$ -$ -$ -$ (753,761)$ 31,363,924$ -$ 31,363,924$ 1,447,540$ 1,543,952 - 1,543,952 - 7,968,750 - 7,968,750 - 962,962 774,039 1,737,001 11,187 (280,943) (468,410) (749,353) - 44,153 9,140 53,293 5,058 33,216 (49,621) (16,405) - 2,765,353 (2,765,353) - - 44,401,367 (2,500,205) 41,901,162 1,463,785 15,796,205 33,747,595 49,543,800 710,024 138,045,295 316,815,484 454,860,779 2,049,408 153,841,500$ 350,563,079$ 504,404,579$ 2,759,432$ Net (Expense) Revenue and Changes in Net Position Primary Government Meridian City Council Meeting Agenda March 19, 2019 – Page 314 of 652 See Notes to Financial Statements 18 City of Meridian, Idaho Balance Sheet – Governmental Funds September 30, 2018 Total Capital Governmental General Projects Funds Assets Cash and cash equivalents 25,367,640$ 10,795,703$ 36,163,343$ Investments 14,400,022 - 14,400,022 Receivables Accounts 2,913,346 - 2,913,346 Property taxes 33,968,751 - 33,968,751 Due from other governmental units 2,967,364 - 2,967,364 Interest 124,830 19,677 144,507 Prepaid items 304,839 - 304,839 Restricted assets Cash and cash equivalents 10,991,875 - 10,991,875 Investments 3,315,013 - 3,315,013 $ 94,353,680 $ 10,815,380 $ 105,169,060 Liabilities, Deferred Inflows and Fund Balance Liabilities Current Liabilities Accounts payable 4,001,734$ -$ 4,001,734$ Accrued payroll and taxes 1,162,137 - 1,162,137 Customer deposits 1,668,743 - 1,668,743 Total current liabilities 6,832,614 - 6,832,614 Deferred Inflows of Resources Unavailable revenue - property taxes 33,950,048 - 33,950,048 Total liabilities and deferred inflows 40,782,662 - 40,782,662 Fund Balance Nonspendable Prepaids 304,839 - 304,839 Restricted Impact Fund 9,136,839 - 9,136,839 Fund Balance Budget of Carryforward 3,945,755 - 3,945,755 Committed Capital Projects Fund 3,354,153 10,815,380 14,169,533 Self Funding Trust Reserve 1,500,000 - 1,500,000 Public Safety Fund 1,397,845 - 1,397,845 Assigned Fund Balance Budget of Carryforward 2,677,235 - 2,677,235 Unassigned 31,254,352 - 31,254,352 Total fund balance 53,571,018 10,815,380 64,386,398 94,353,680$ 10,815,380$ 105,169,060$ Meridian City Council Meeting Agenda March 19, 2019 – Page 315 of 652 See Notes to Financial Statements 19 City of Meridian, Idaho Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2018 Fund balances - total governmental funds 64,386,398$ Amounts reported for governmental activities in the statement of activities are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds.99,717,376 Some of the property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds.614,122 Long-term liability is not due and payable in the current period and therefore is not reported in the funds. Net pension liability (10,258,205) Deferred outflows of resources related to pension obligations.2,989,374 Deferred inflows of resources related to pensions.(1,914,487) Accrued vacation is not due and payable in the current period and therefore is not reported in the funds.(1,693,078) Net position of governmental activities 153,841,500$ Meridian City Council Meeting Agenda March 19, 2019 – Page 316 of 652 See Notes to Financial Statements 20 City of Meridian, Idaho Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds Year Ended September 30, 2018 Total Capital Governmental General Projects Funds Revenues Taxes 31,329,216$ -$ 31,329,216$ Licenses and permits 7,945,094 - 7,945,094 Intergovernmental 11,017,623 - 11,017,623 Franchise fees 1,543,952 - 1,543,952 Fines and forfeitures 590,032 - 590,032 Charges for services 2,449,323 - 2,449,323 Interest 811,596 151,366 962,962 Miscellaneous 44,153 - 44,153 Donations 92,979 - 92,979 Impact revenues 6,102,217 - 6,102,217 Total revenues 61,926,185 151,366 62,077,551 Expenditures General government 8,163,210 - 8,163,210 Public safety 27,490,502 - 27,490,502 Parks and recreation 4,593,945 - 4,593,945 Community development services 4,786,262 - 4,786,262 Capital outlay 8,619,404 22,647 8,642,051 Total expenditures 53,653,323 22,647 53,675,970 Excess (Deficiency) of Revenues Over (Under) Expenditures 8,272,862 128,719 8,401,581 Other Financing Sources (Uses) Operating transfer in 2,765,353 - 2,765,353 Operating transfer out (2,641,404) 2,641,404 - Unrealized loss on investments (280,943) - (280,943) Proceeds from sale of capital assets 49,991 - 49,991 Total other financing sources (uses) (107,003) 2,641,404 2,534,401 Net Change in Fund Balances 8,165,859 2,770,123 10,935,982 Fund Balance, Beginning of Year 45,405,159 8,045,257 53,450,416 Fund Balance, End of Year 53,571,018$ 10,815,380$ 64,386,398$ Meridian City Council Meeting Agenda March 19, 2019 – Page 317 of 652 See Notes to Financial Statements 21 City of Meridian, Idaho Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2018 Change in fund balance - total governmental funds 10,935,982$ Amounts reported for governmental activities in the statement of net position are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation and loss on sale of assets in the current period. New capital 8,681,576 Depreciation (4,734,897) Loss on sale of fixed assets (16,775) Total 3,929,904 Capital assets contributed by citizens or developers are not a source of financial resources and thus, are not recognized in the governmental funds. 641,675 Some property tax revenue in the statement of activities does not provide current financial resources and is not reported as revenue in the governmental funds. 34,708 Expenditures (revenues) related to the net pension liability that do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds.328,983 Expenditures related to the long-term portion of accrued vacation do not require the use of current financial resources and therefore are not reported as expenditures governmental funds.(75,047) Change in net position of governmental activities 15,796,205$ Meridian City Council Meeting Agenda March 19, 2019 – Page 318 of 652 See Notes to Financial Statements 22 City of Meridian, Idaho Statement of Net Position – Proprietary Fund September 30, 2018 Enterprise Fund Water and Sewer Assets Current Assets Cash and cash equivalents 12,849,428$ Investments 29,534,818 Receivables Accounts (net of $34,999 allowance for uncollectibles) 3,508,997 Current portion of long-term note receivable 63,648 Interest 111,160 Prepaids 271,371 Total current assets 46,339,422 Noncurrent Assets Long-term note receivable 655,441 Capital assets Land 2,034,092 Easements 12,155,735 Construction in progress 57,576,242 Buildings and improvements other than buildings 87,969,846 Sewer and water lines 210,578,107 Machinery and equipment 46,645,709 Less accumulated depreciation (101,238,121) Total noncurrent assets 316,377,051 Deferred Outflow of Resources Pension obligations 747,373 363,463,846$ Meridian City Council Meeting Agenda March 19, 2019 – Page 319 of 652 See Notes to Financial Statements 23 City of Meridian, Idaho Statement of Net Position – Proprietary Fund September 30, 2018 Enterprise Fund Water and Sewer Liabilities and Net Position Current Liabilities Accounts payable 7,278,973$ Accrued payroll and taxes 278,171 Accrued vacation - current portion 30,643 Customer deposits 1,794,019 Total current liabilities 9,381,806 Noncurrent Liabilities Accrued vacation - less current portion 275,787 Net pension liability 2,564,552 Settlement payable 200,000 Total noncurrent liabilities 3,040,339 Deferred Inflow of Resources Pension obligations 478,622 Net Position Net invested in capital assets 315,721,610 Unrestricted 34,841,469 Total net position 350,563,079 363,463,846$ Meridian City Council Meeting Agenda March 19, 2019 – Page 320 of 652 See Notes to Financial Statements 24 City of Meridian, Idaho Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Fund Year Ended September 30, 2018 Enterprise Fund Water and Sewer Operating Revenues Charges for services Water sales 8,586,671$ Sewer sales 15,306,791 Other service revenues 445,194 Sale of meters 650,345 Trash billing service 792,593 Engineering fees 600,642 Miscellaneous 9,140 Total operating revenues 26,391,376 Operating Expenses Personnel services 8,191,581 Other services and charges 2,903,330 Depreciation 10,096,690 Supplies 2,211,109 Heat, lights and power 1,251,150 Total operating expenses 24,653,860 Operating Income 1,737,516 Nonoperating Revenues (Expenses) Interest revenue 774,039 Connection assessment fees and donations 21,399,622 Loss on sale of fixed assets (49,621) Net decrease in fair value of investments (468,410) Total nonoperating revenues 21,655,630 Income Before Contributions and Transfers 23,393,146 Donated waterlines and sewerlines 13,119,802 Operating transfers out (2,765,353) Change in Net Position 33,747,595 Net Position, Beginning of Year 316,815,484 Net Position, End of Year 350,563,079$ Meridian City Council Meeting Agenda March 19, 2019 – Page 321 of 652 See Notes to Financial Statements 25 City of Meridian, Idaho Statement of Cash Flows – Proprietary Fund Year Ended September 30, 2018 Enterprise Fund Water and Sewer Operating Activities Receipts from customers and users 26,644,133$ Payments to suppliers (4,567,543) Payments to employees (8,260,956) Net Cash from Operating Activities 13,815,634 Noncapital Financing Activities Operating transfer to general fund (2,765,353) Net Cash used for Noncapital Financing Activities (2,765,353) Capital and Related Financing Activities Connection assessment fees 21,399,622 Proceeds from sale of capital assets 4,917 Payments on notes receivable 149,854 Acquisition of capital assets (43,477,117) Net Cash used for Capital and Related Financing Activities (21,922,724) Investing Activities Purchase of investments (1,595,817) Sale of investments 700,000 Interest received 769,890 Net Cash used for Investing Activities (125,927) Net Change in Cash (10,998,370) Cash and Cash Equivalents, Beginning of Year 23,847,798 Cash and Cash Equivalents, End of Year 12,849,428$ Reconciliation of Operating Income to Net Cash from Operating Activities Operating income 1,737,516$ Adjustments to reconcile operating income to net cash from operating activities Depreciation 10,096,690 GASB 68 actuarial pension expense (83,048) Changes in assets and liabilities Accounts receivable (101,675) Prepaid items (145,095) Accounts payable 1,943,141 Accrued payroll and taxes 13,673 Customer deposits 354,432 Net Cash from Operating Activities 13,815,634$ Supplemental Disclosure of Cash Flow Information Developer and customer contributed sewer and water lines 13,119,802$ Meridian City Council Meeting Agenda March 19, 2019 – Page 322 of 652 26 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 1 - Summary of Significant Accounting Policies The City of Meridian, Idaho (the City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter; public safety (police and fire), community planning and development, parks and recreation, general administrative services, and water and sewer service. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing government accounting and financial reporting principles. The more significant of the City’s accounting policies are described below. Financial Reporting Entity As required by generally accepted accounting principles, these basic financial statements present the City in conformance with GASB. Component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City and are legally separate organizations for which the City is financially accountable. The component unit column in the combined financial statements is the financial data of the City’s single component unit, the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute. The directors of MDC are appointed by the Mayor and approved by the City Council. MDC promotes downtown development services for the citizens of the City. Complete financial statements can be obtained from the City of Meridian Division of Financial Management, 33 East Broadway Avenue, Meridian, Idaho. The City contributes to the multi-employer Public Employee Retirement System of Idaho (the System). The System is administered by the State of Idaho and the City is not the major participant in the plan; therefore, the plan’s financial statements are not included in this report. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government. The effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities which rely, to a significant extent, on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include; charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Meridian City Council Meeting Agenda March 19, 2019 – Page 323 of 652 27 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned, and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds; General Fund - The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. Capital Projects Fund- The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). The City reports the following major proprietary fund; Enterprise Fund – The Enterprise Fund is used to account for water and sewer operations financed and operated in a manner similar to private business. The intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Additionally the governing body may have decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. As a general rule, the effect of inter-fund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Meridian City Council Meeting Agenda March 19, 2019 – Page 324 of 652 28 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the City’s enterprise funds are charges for services to customers for water and sewer sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses, such as fees property owners pay to connect to the utility system, not meeting this definition are reported as non-operating revenues and expenses. Cash and Cash Equivalents For purposes of the statement of cash flows, the City considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Property Taxes Receivable Within the governmental fund financial statement, property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds include property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred inflow of resources at the City's year end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City. The receivable is reported net of an allowance for uncollectible accounts. An allowance is reported when accounts are proven to be uncollectible. The allowance for uncollectible accounts was $34,999 as of September 30, 2018. Deposits and Prepaid Expenses Deposits and prepaid expenses consist of deposits paid by developers for various improvements as well as payments to vendors that reflect costs applicable to future accounting periods and are reported as prepaid expenses. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., parks, wells, water and sewer lines and similar items) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Meridian City Council Meeting Agenda March 19, 2019 – Page 325 of 652 29 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Capital assets are defined by the government as assets with an initial individual cost of $5,000 and over for machinery and equipment, $25,000 and over for building and land improvements, buildings, intangibles, and infrastructure, and an estimated useful life in excess of three years. Land acquisitions regardless of cost are recorded as capital assets. All material capital assets are valued at cost. Donated capital assets are valued at their acquisition value on the date donated. GASB requires that the City capitalize and report intangible assets, such as easements and internally created software. To value easements, the City uses current land values calculated from Ada County Assessor’s data divided by two, internally developed software is valued at cost. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: E s t i m a t e d U s e f u l Life (Years) B u i l d i n g s 3 0 S e w e r p l a n t 2 5 S e w e r a n d w a t e r l i n e s 5 0 Improvements other than buildings 10-50 E q u i p m e n t a n d s o f t w a r e 5 - 2 0 P u b l i c d o m a i n i n f r a s t r u c t u r e 4 0 Maintenance, repairs, and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. No interest costs were included as part of the cost of capital assets under construction in the current year. Accrued Vacation Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees’ termination, retirement or death. The City does not pay earned sick pay upon the employees’ termination, retirement or death for non-union employees. The Fire Department union members are paid ten percent of their sick leave accrual upon the employees’ voluntary termination, 25% upon employees’ retirement, and 100% upon employees’ death. The amount of unused vacation accumulated by City employees is accrued as an expense when incurred in the Proprietary Fund, which uses the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available financial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal year’s accumulation, no additional expenditures are accrued. Meridian City Council Meeting Agenda March 19, 2019 – Page 326 of 652 30 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Deferred Outflows/Inflows of Resources The statement of net position includes a separate section for deferred outflows of resources. The separate financial statement element represents a consumption of net position that applies to future period(s) and will not be recognized as an outflow of resources (expense) until then. The City’s deferred outflow of resources is its pension obligation. The pension obligation is the difference between projected and actual experience, the changes in assumptions, the change the City’s proportionate share of the City’s net pension liability, and the contributions subsequent to the measurement date of the City’s net pension liability. In addition to the liabilities, the statement of net position includes a separate section for deferred inflows of resources. This separate financial statement element represents an acquisition of net position that applies to future period(s) and will not be recognized as an inflow of resources (revenue) until then. The City has two items that qualify for reporting in the category: the deferred pension obligation and unavailable revenue. The employer deferred net pension results from the difference between the expected and actual experience of the pension plan and the net difference between projected and actual investment earnings on the pension plan investments. The unavailable revenue is reported in both the statement of net position and the balance sheet for the governmental fund and represents the unavailable revenues from property taxes. Pensions For purposes of measuring the net pension liability and pension expense, information about the fiduciary net position of the Public Employee Retirement System of Idaho Base Plan (Base Plan) and additions to/deductions from the Base Plan’s fiduciary net position have been determined on the same basis as they are reported by the Base Plan. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Fund Balances Fund balance of governmental funds is reported in various categories based on the nature of any limitation requiring the use for specific purposes. Fund balances in the governmental balance sheet are categorized as follows: Nonspendable - when the resources cannot be spent because they are either legally or contractually required to be maintained intact, or are in a nonspendable form such as inventories, prepaid accounts, and assets held for resale. Restricted - when the constraints placed on the use of resources are either: (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments: or (b) imposed by law through constitutional provisions or enabling legislation. Committed - when the City Council passes an ordinance or resolution that places specific constraints on how the resources may be used. The City Council can modify or rescind the ordinance or resolution at any time through passage of an additional ordinance or resolution, respectively. Assigned - when it is intended for a specific purpose and the authority to “assign” is delegated to the City’s Chief Financial Officer. Meridian City Council Meeting Agenda March 19, 2019 – Page 327 of 652 31 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Unassigned - fund balance is the residual classification for the General Fund. This classification represents fund balance that has not been restricted, committed, assigned, or deemed as nonspendable within the General Fund. This classification is also used to report any negative fund balance amounts in other governmental funds. The City Council adopted a Fund Balance Policy that establishes a practice of reserving four months of the current year budget of personnel and recurring annual operating costs as minimum fund balance needed to ensure sufficient cash flow to meet the City’s obligations. This reserve will be in the unassigned fund balance. This policy also recommends a spending order of restricted, committed, assigned and then unassigned unless Council approves otherwise. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance. The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that fund portion of the applicable appropriation for budgetary purposes only. The City does not record encumbrances for the expenditure of monies. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenditures or expenses during the reporting period. Actual results could differ from those estimates. Meridian City Council Meeting Agenda March 19, 2019 – Page 328 of 652 32 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 2 - Cash and Investments Cash and investments as of September 30, 2018 are classified in the accompanying financial statements as follows: Cash and cash equivalents 49,012,771$ Cash and cash equivalents - restricted 10,991,875 Total cash and cash equivalents 60,004,646$ Investments 43,934,840$ Investments - restricted 3,315,013 Total investments 47,249,853$ Investments Authorized by the State of Idaho and the City of Meridian’s Investment Policy Investment types that are authorized for the City of Meridian by the Idaho Code and the City’s investment policy are as follows: 1. Local, State and U.S. Agency Bonds 2. U. S. Agency Securities 3. Certificates of Deposit The City also participates in the State of Idaho Local Investment Pool (LGIP) and the State of Idaho Diversified Bond Fund (DBF). Both the LGIP and the DBF are regulated by Idaho Code under the oversight of the Treasurer of the State of Idaho. The Pools are not registered with the Securities and Exchange Commission or any other regulatory body. The State Treasurer does not provide any legally binding guarantees to support the value of the shares to participants. The LGIP is a low risk investment pool with high liquidity. Therefore, the City’s investment in the pool is reported as a cash equivalent in the accompanying financial statements as it does not meet the definition of an investment. The LGIP is not currently rated by a nationally recognized rating agency. The funds are invested in short-term investments in the priority order of safety, liquidity, and yield. The DBF invests in longer term investment vehicles with higher returns over time than the LGIP. The DBF is not currently rated by a nationally recognized rating agency. However the investment guidelines require that funds be invested in high quality securities that provide a high level of return, with a reasonable level of risk while meeting or exceeding the Barclay’s Capital Intermediate A+ Aggregate Fixed Income Index. The City invests money in the DBF that it does not expect to need within the next three to five years. The City’s investment in the DBF is reported based on its pro-rata share of the fair market value provided by the fund for the entire portfolio. Fair Value Hierarchy Investments are measured at fair value on a recurring basis. Recurring fair value measurements are those that GASB Statements require or permit in the statement of net position at the end of each reporting period. Fair value measurements are categorized based on the valuation inputs used to measure an asset’s fair value. The following provides a summary of the hierarchy used to measure fair value. Meridian City Council Meeting Agenda March 19, 2019 – Page 329 of 652 33 City of Meridian, Idaho Notes to Financial Statements September 30, 2018  Level 1 – Inputs are quoted prices in active markets for identical assets.  Level 2 – Inputs other than quoted prices included within Level 1 that are observable for the asset or liability either directly or indirectly, including quoted prices for similar assets or liabilities.  Level 3 – Valuations derived from valuation techniques in which significant valuation drivers are observable. The City’s investment fair value measurements are as follows at September 30, 2018: Level 1 Level 2 Level 3 Investments measured at fair value Fair Value Inputs Inputs Inputs Debt Securities U.S. Agency bonds 26,076,366$ -$ 26,076,366$ -$ Municipal bonds 1,022,932 - 1,022,932 - value level 27,099,298 -$ 27,099,298$ -$ Investments measured at the net asset value (NAV) State of Idaho Diversified Bond Fund (DBF)20,150,555 Total investments at fair value 47,249,853$ Fair Value Measurements Using Total investments by fair Level 2 inputs for the investments above are based on a matrix pricing model. Investments valued using the net asset value (NAV) per share generally do not have readily obtainable market values and are instead valued based on the City’s pro-rata share of the pool’s fair value of the underlying assets. Oversight for the Diversified Bond Fund is with the Idaho State Treasurer and Idaho Code, which defines allowable investments. In general, the investment guidelines require that funds be invested in high quality securities in a manner that provides higher total return than the shorter pools given a reasonable level of risk measured over a long period. Securities in DBF are shared positions valued at current market values. The City values these investments based on information provided by the State of Idaho Treasurer’s Office. The following table presents the unfunded commitments, redemption frequency and the redemption notice period for the City’s investments measured at the NAV: Unfunded Redemption Redemption Fair Value Commitments Frequency Notice Period State of Idaho Diversified Bond Fund (DBF)20,150,555$ None Monthly 5-25 days Investments Measured at the NAV Meridian City Council Meeting Agenda March 19, 2019 – Page 330 of 652 34 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. This risk can be managed using a calculation called duration that uses various inputs such as yield and years until maturity to estimate interest rate risk. Generally, the higher the duration number, the higher the risk. The City manages exposure to interest rate risk by purchasing a combination of long and short-term investments. The City manages the portfolio so it is not necessary to sell securities before maturity. The City’s policy does not limit the duration of the investments. Investment Type Fair Value Rating Duration U.S. Agency bonds 26,076,366$ AA+1.21 Municipal bonds 1,022,932 AA+1.88 Idaho Diversified Bond Fund (DBF) 20,150,555 not rated 2.93 Idaho Local Government Investment Pool (LGIP) 56,649,998 not rated 0.29 Money market funds 1,574,127 not rated Other cash and cash equivalents 1,780,521 Total cash and investments 107,254,499$ Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City’s investment policy is consistent with the State Code related to credit risk. Concentration of Credit Risk When investments are concentrated in one issuer this concentration represents increased risk of potential loss. The GASB has adopted a principal that governments should provide note disclosure when five percent of the entity’s total investments are concentrated in any one issuer. Investments in obligations specifically guaranteed by the U.S. Government, mutual funds, and other pooled investments are exempt from disclosure. The City’s investment policy has no limitations on the amount that can be invested in any one issuer. Investments in any one issuer (other than State Investment Pools) that represent 5% or more of total City investments are as follows: Issuer Investment TypeR eported Amount Percentage Federal Home Loan Mortgage U.S. Agency Bond 10,889,488$ 23.0% Federal National Mortgage U.S. Agency Bond 9,211,424 19.5% Federal Farm Credit Bank U.S. Agency Bond 5,975,454 12.6% Meridian City Council Meeting Agenda March 19, 2019 – Page 331 of 652 35 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in possession of an outside party. The custodial credit risk for investments is the risk that in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. At year end, the carrying amount of the City’s cash deposits was $60,004,646 and the bank balance was $60,157,874. Of the bank balance $54,811 is guaranteed by the Securities Investor Protection Corporation, $250,000 was covered by federal depository insurance, $1,574,127 was collateralized with securities held at the Federal Home Bank of Seattle for First Interstate Bank and pledged to the City of Meridian, $56,649,998 was held by the State of Idaho Local Group Investment Pool, and the remainder of the City’s deposits of $1,628,938 with First Interstate Bank are secured in an undivided collateral pool for public agencies. It is the City’s policy to minimize exposure to custodial credit risk with investments by requiring that to the extent possible they be identified as to City of Meridian ownership and be held in the City’s name. All commercial paper, agency bonds and municipal bonds are held in custody by Charles Schwab & Co. in the City’s name. The City further reduces risk by confining investments to insured levels in any one institution. Note 3 - Due from Other Governmental Units The following summarizes the intergovernmental receivables at September 30, 2018: State of Idaho State Liquor Dispensary 237,321$ State Tax Commission 1,996,806 Idaho Transportation Department 27,071 Other Idaho Agencies 19,314 Federal Agencies 44,403 Meridian Development Corporation 430,656 Meridian Rural Fire District 174,967 Ada County 36,826 Total Due from Other Governmental Units 2,967,364$ Meridian City Council Meeting Agenda March 19, 2019 – Page 332 of 652 36 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 4 - Note Receivable In December 2014, the City entered into an agreement to annex the homes in a subdivision outside of city limits and provide them with water and sewer service. The subdivision had a utility district, Meridian Heights Water and Sewer District (MHWSD), which was dissolved in December 2014 upon approval from the District Court. All assets and liabilities of MHWSD were transferred to the City at that time, including MHWSD’s debt of $1,280,294, which is being repaid to the City by the former members of MHWSD over a period of 20 years at an interest rate of 3.5% as follows: Beginning Balance Ending Balance as of October 1, Interest and as of September 30, 2017 Adjustments Payments 2018 Long-term note receivable 840,980$ 27,963$ (149,854)$ 719,089$ Annual Payment 2019 63,648$ 2020 63,648 2021 63,648 2022 63,648 2023 63,648 2024-2028 318,240 2029-2030 82,609 719,089$ Fiscal Year Meridian City Council Meeting Agenda March 19, 2019 – Page 333 of 652 37 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 5 - Capital Assets Changes to capital assets are as follows: Balance Balance Governmental Activities Oct. 1, Sept. 30, 2017 Additions Deletions Transfers 2018 Capital assets, not depreciated Land 27,372,306$ 441,202$ 1,302$ 464,718$ 28,276,924$ Easements 1,046,813 135,473 - (464,718) 717,568 Construction in progress 4,672,520 5,909,500 - (3,841,859) 6,740,161 Total capital assets, not depreciated 33,091,639 6,486,175 1,302 (3,841,859) 35,734,653 Capital assets, depreciated Buildings 43,846,753 80,073 - 43,529 43,970,355 Improvements other than buildings 36,709,909 1,303,694 - 3,798,330 41,811,933 Internally developed software 47,027 39,524 - - 86,551 Equipment 14,546,839 1,413,784 333,250 - 15,627,373 Total capital assets, depreciated 95,150,528 2,837,075 333,250 3,841,859 101,496,212 Less accumulated depreciation for Buildings 11,479,510 1,477,291 - - 12,956,801 Improvements other than buildings 12,672,933 1,852,770 - - 14,525,703 Internally developed software 47,027 659 - - 47,686 Equipment 8,896,899 1,404,177 317,777 - 9,983,299 Total accumulated depreciation 33,096,369 4,734,897 317,777 - 37,513,489 Total net capital assets, depreciated 62,054,159 (1,897,822) 15,473 3,841,859 63,982,723 Governmental activities capital assets, net 95,145,798$ 4,588,353$ 16,775$ -$ 99,717,376$ Meridian City Council Meeting Agenda March 19, 2019 – Page 334 of 652 38 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Balance Balance Business-type Activities Oct. 1, Sept. 30, 2017 Additions Deletions Transfers 2018 Capital assets, not depreciated Land 2,033,614$ 478$ -$ -$ 2,034,092$ Easements 10,564,037 1,591,698 - - 12,155,735 Construction in progress 29,083,266 38,546,214 - (10,053,238) 57,576,242 Total capital assets, not depreciated 41,680,917 40,138,390 - (10,053,238) 71,766,069 Capital assets, depreciated Buildings and improvements other than buildings 82,894,648 993,741 - 4,081,457 87,969,846 Sewer and water lines 193,862,432 13,464,654 65,708 3,316,729 210,578,107 Machinery and equipment 42,034,191 2,000,134 43,668 2,655,052 46,645,709 Total capital assets, depreciated 318,791,271 16,458,529 109,376 10,053,238 345,193,662 Less accumulated depreciation for Buildings and improvements other than buildings 28,846,362 3,653,852 - - 32,500,214 Sewer and water lines 43,968,012 4,058,372 11,170 - 48,015,214 Machinery and equipment 18,381,895 2,384,466 43,668 - 20,722,693 Total accumulated depreciation 91,196,269 10,096,690 54,838 - 101,238,121 Total net capital assets, depreciated 227,595,002 6,361,839 54,538 10,053,238 243,955,541 Business-type activities capital assets, net 269,275,919$ 46,500,229$ 54,538$ -$ 315,721,610$ Depreciation expense was charge to functions/programs of the City as follows: Governmental activities General government 1,274,912$ Public safety 1,386,244 Parks and recreation 2,073,741 Total depreciation expense - governmental activities 4,734,897$ Business-type activities Water and Sewer 10,096,690$ Total depreciation expense - business-type activities 10,096,690$ Meridian City Council Meeting Agenda March 19, 2019 – Page 335 of 652 39 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 6 - Interfund Balances and Transfers The following transfers were made for the purpose of funding operations: Capital General Projects Fund Fund Total Transfer out General Fund -$ 2,641,404$ 2,641,404$ Enterprise Fund 2,765,353 - 2,765,353 Total transfers 2,765,353$ 2,641,404$ 5,406,757$ Transfer In The transfer from the enterprise fund to the general fund was related to personnel and operating costs that were paid by the general fund during FY2018. The transfer from the general fund to the capital projects fund was the excess of building permit revenues from prior years. Note 7 - Changes in Long-Term Obligations The following is a summary of changes in long-term obligations of the City for the year ended September 30, 2018: Due Balance Debt Debt Balance Within Oct.1, 2017 Issued Retired Sept. 30, 2018 One Year Governmental Activities Accrued vacation 1,618,031$ 1,525,604$ (1,450,557)$ 1,693,078$ 203,099$ Business-type activities Accrued vacation 293,234$ 289,771$ (276,575)$ 306,430$ 30,643$ Settlement payable 200,000 - - 200,000 - 493,234$ 289,771$ (276,575)$ 506,430$ 30,643$ Meridian City Council Meeting Agenda March 19, 2019 – Page 336 of 652 40 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 8 - Fund Balances – Governmental Funds As of September 30, 2018 fund balances were classified as follows: Nonspendable - the City’s nonspendable fund balance was for prepaid expenses. Restricted - the City had restricted fund balance for impact fees and the Capital Projects Fund as mandated by the State of Idaho. Committed - the City Council committed funds self-funding trust reserve for employee medical benefits and the Public Safety Capital Projects Fund for future polices and fire capital projects. Assigned - the City’s CFO assigned carryforward of the FY2018 budget balance to be spent in FY2019. Unassigned - this classification represents fund balance that has not been restricted, committed, or assigned within the General Fund. Balance Balance Oct. 1, 2017 Net ChangeS ept. 30, 2018 Fund Balances Nonspendable Prepaids 202,667$ 102,172$ 304,839$ Restricted Impact fund 6,124,409 3,012,430 9,136,839 Impact fund budget carryforward 6,419,387 (2,473,632) 3,945,755 Committed Capital projects fund 10,686,661 3,482,872 14,169,533 Self funding trust reseve - 1,500,000 1,500,000 Public safety fund 386,687 1,011,158 1,397,845 Assigned General fund budget carryforward 1,734,190 943,045 2,677,235 Unassigned 27,896,415 3,357,937 31,254,352 Total fund balances 53,450,416$ 10,935,982$ 64,386,398$ Note 9 - Lease Agreements The City has operating leases for land and office equipment. In FY2014 the City entered into a prepaid irrevocable use 20 year agreement with Syringa Networks, LLC for the right to use certain dark fiber in the Syringa Networks System. The City incurred costs of $1,385,250 associated with the Syringa agreement. As of September 30, 2018, the related accumulated depreciation was $282,823. The City has no ownership rights now or in the future in the fiber, but prepayment is considered an asset and recorded as a capital asset. The agreement also requires that the City pay annual maintenance and operating costs for a period of twenty years. Meridian City Council Meeting Agenda March 19, 2019 – Page 337 of 652 41 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 The various equipment lease agreements cover periods from July 24, 2007 through October 14, 2033, and the minimum annual payments range from $410 to $13,800. Total rental expense in FY2018 for all operating leases (which include rental, maintenance and usage) was approximately $199,142. Future minimum annual lease payments for operating leases with remaining lease terms in excess of one year are as follows: Operating Leases 2019 32,936$ 2020 15,287 2021 13,800 2022 13,800 2023 13,800 2024-2028 69,000 2029-2033 69,000 2034 1,150 Total minimum obligations 228,773$ Note 10 - Defined Benefit Pension Plan Plan Description The City contributes to the Base Plan which is a cost-sharing multiple-employer defined benefit pension plan administered by Public Employee Retirement System of Idaho (PERSI or System) that covers substantially all employees of the State of Idaho, its agencies and various participating political subdivisions. The cost to administer the plan is financed through the contributions and investment earnings of the plan. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI. That report may be obtained on the PERSI website at www.persi.idaho.gov. Responsibility for administration of the Base Plan is assigned to the Board comprised of five members appointed by the Governor and confirmed by the Idaho Senate. State law requires that two members of the Board be active Base Plan members with at least ten years of service and three members who are Idaho citizens not members of the Base Plan except by reason of having served on the Board. Pension Benefits The Base Plan provides retirement, disability, death and survivor benefits of eligible members or beneficiaries. Benefits are based on members’ years of service, age, and highest average salary. Members become fully vested in their retirement benefits with five years of credited service (5 months for elected or appointed officials). Members are eligible for retirement benefits upon attainment of the ages specified for their employment classification. The annual service retirement allowance for each month of credited service is 2.0% (2.3% for police/firefighters) of the average monthly salary for the highest consecutive 42 months. Meridian City Council Meeting Agenda March 19, 2019 – Page 338 of 652 42 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 The benefit payments for the Base Plan are calculated using a benefit formula adopted by the Idaho Legislature. The Base Plan is required to provide a 1% minimum cost of living increase per year provided the Consumer Price Index increases 1% or more. The PERSI Board has the authority to provide higher cost of living increases to a maximum of the Consumer Price Index movement or 6%, whichever is less; however, any amount above the 1% minimum is subject to review by the Idaho Legislature. Member and Employer Contributions Member and employer contributions paid to the Base Plan are set by statute and are established as a percent of covered compensation. Contribution rates are determined by the PERSI Board within limitations, as defined by state law. The Board may make periodic changes to employer and employee contribution rates (expressed as percentages of annual covered payroll) that are adequate to accumulate sufficient assets to pay benefits when due. The contribution rates for employees are set by statute at 60% of the employer rate for general employees and 72% for police and firefighters. As of June 30, 2018, it was 6.79% for general employees and 8.36% for police and firefighters. The employer contribution rate as a percent of covered payroll is set by the Retirement Board and was 11.32% for general employees and 11.66% for police and firefighters. The City’s contributions were $3,228,459 for the year ended September 30, 2018. Pension Liabilities, Pension Expense (Revenue), and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions At September 30, 2018, the City reported a liability for its proportionate share of the net pension liability. The net pension liability was measured as of June 30, 2018, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City’s proportion of the net pension liability was based on the City’s share of contributions in the Base Plan pension plan relative to the total contributions of all participating PERSI Base Plan employers. At June 30, 2018, the City’s proportion was 0.8693291 percent, which was an increase from the prior year of .0307924 percent. For the year ended September 30, 2018, the City recognized pension expense of $2,816,307. At September 30, 2018, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Differences between expected and actual experience 1,407,575$ 968,428$ Changes in assumptions or other inputs 834,374 - Net difference between projected and actual earnings on pension plan investments - 1,424,681 Changes in the employer's proportion and differences between the employer's contributions and the employer's proportionate contributions 659,029 - City contributions subsequent to the measurement date 835,769 - Total 3,736,747$ 2,393,109$ Meridian City Council Meeting Agenda March 19, 2019 – Page 339 of 652 43 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 $835,769 is reported as deferred outflows of resources related to pensions resulting from Employer contributions subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the year ending September 30, 2019. The average of the expected remaining service lives of all employees that are provided with pensions through the System (active and inactive employees) determined at July 1, 2017, the beginning of the measurement period ended June 30, 2018, is 4.8. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense (revenue) as follows: Year ended September 30, 1,296,260$ 324,058 (935,152) (177,297) 507,869$ 2019 2020 2021 2022 Actuarial Assumptions Valuations are based on actuarial assumptions, the benefit formulas, and employee groups. Level percentages of payroll normal costs are determined using the Entry Age Normal Cost Method. Under the Entry Age Normal Cost Method, the actuarial present value of the projected benefits of each individual included in the actuarial valuation is allocated as a level percentage of each year’s earnings of the individual between entry age and assumed exit age. The Base Plan amortizes any unfunded actuarial accrued liability based on a level percentage of payroll. The maximum amortization period for the Base Plan permitted under Section 59-1322, Idaho Code, is 25 years. The total pension liability in the June 30, 2018 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Inflation 3.00% Salary increases including inflation 3.75% Investment rate of return 7.05%, net of pension plan investment expenses Cost-of-living adjustments 1% Mortality rates were based on the RP – 2000 combined table for healthy males or females as appropriate with the following offsets:  Set back 3 years for teachers  No offset for male fire and police  Forward one year for female fire and police  Set back one year for all general employees and all beneficiaries Meridian City Council Meeting Agenda March 19, 2019 – Page 340 of 652 44 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 An experience study was performed for the periods 2013 through 2017 for the PERSI Base Plan, which reviewed all economic and demographic assumptions. The Total Pension Liability as of June 30, 2018 is based on the results of an actuarial valuation date of July 1, 2018. The long-term expected rate of return on pension plan investments was determined using the building block approach and a forward-looking model in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighing the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Even though history provides a valuable perspective for setting the investment return assumption, the System relies primarily on an approach which builds upon the latest capital market assumptions. Specifically, the System uses consultants, investment managers and trustees to develop capital market assumptions in analyzing the System’s asset allocation. The assumptions and the System’s formal policy for asset allocation are shown below. The formal asset allocation policy is somewhat more conservative than the current allocation of System’s assets. The best-estimate range for the long-term expected rate of return is determined by adding expected inflation to expected long-term real returns and reflecting expected volatility and correlation. The capital market assumptions are: Long-Term Long-Term Expected Nominal Expected Real Target Rate of Return Rate of Return Asset Class Allocation (Arithmetic) (Arithmetic) Core Fixed Income 30.00% 3.05% 0.80% Broad US Equities 55.00% 8.30% 6.05% Developed Foreign Equities 15.00% 8.45% 6.20% Assumed Inflation - Mean 2.25% 2.25% Assumed Inflation - Standard Deviation 1.50% 1.50% Portfolio Arthmetic Mean Return 6.75% 4.50% Portfolio Standard Deviation 12.54% 12.54% Portfolio Long-Term (Geometric) Expected Rate of Return 6.13% 3.77% Assumed Investment Expenses 0.40% 0.40% Portfolio Long-Term (Geometric) Expected Rate of Return 5.73% 3.37% Net of Investment Expenses Portfolio Long-Term Expected Real Rate of Return Net of Investment Expenses 4.19% Portfolio Standard Deviation 1.42% Valuation Assumptions Chosen by PERSI Board Long-Term Expected Real Rate of Return Net of Investment Expenses 4.05% Assumed Inflation 3.00% Long-Term Expected Geometric Rate of Return Net of Investment Expenses 7.05% *Expected arithmetic return net of fees and expenses Meridian City Council Meeting Agenda March 19, 2019 – Page 341 of 652 45 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Discount Rate The discount rate used to measure the total pension liability was 7.05%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current contribution rate. Based on these assumptions, the pension plans’ net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. The long-term expected rate of return was determined net of pension plan investment expense but without reduction for pension plan administrative expense. Sensitivity of the Employer's proportionate share of the net pension liability to changes in the discount rate. The following presents the Employer's proportionate share of the net pension liability calculated using the discount rate of 7.05 percent, as well as what the Employer's proportionate share of the net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower (6.05 percent) or 1-percentage-point higher (8.05 percent) than the current rate: 1 % Decrease (6.05%) Current Discount Rate (7.05%) 1% Increase (8.05%) Employer's proportionate share of the net pension liability (asset) 32,098,259$ 12,822,757$ (3,138,151)$ Pension plan fiduciary net position Detailed information about the pension plan's fiduciary net position is available in the separately issued PERSI financial report. That report may be obtained on the PERSI website at www.persi.idaho.gov. Payables to the pension plan At September 30, 2018, the City reported payables to the defined benefit pension plan of $285,673 for legally required employer contributions and $192,518 for legally required employee contributions which had been withheld from employee wages but not yet remitted to PERSI. Meridian City Council Meeting Agenda March 19, 2019 – Page 342 of 652 46 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 11 - Other Commitments The City had the following commitments at September 30, 2018: Commitment Amount Animal Control Service 390,660$ Building Improve & Maintenance 40,326 Contracted Services 795,442 Dues & Contributions 449,920 Electronics & Software 374,255 Grant Funded Expenditures 33,095 Headworks Improvements 1,974,686 Insurance 240,000 Janitorial Services 219,882 Parks Construction & Improvements 1,496,036 Professional Services 500,722 Street Light Repair & Maintenance 61,365 Wastewater Improvements 4,300,710 Water & Sewer Line Improvements 570,548 Well Improvements 633,087 Total commitments 12,080,734$ Note 12 - Contingent Liabilities The City has been named as a defendant in various legal actions, the results of which are not presently determinable, except as described below. However, in the opinion of the City Attorney, the amount of losses that might be sustained, if any, would not materially affect the City’s financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. In 2006, the City entered into an agreement with a developer to jointly provide water and sewer services for a subdivision under development (Bittercreek Meadows Subdivision Homeowners Association), outside the City limits. The developer put in a well and turned it over to the City so that homeowners could connect to the City water system. Since the development did not grow beyond 24 lots the City was not able to provide sewer and water services. In 2011, the agreement was nullified and the City paid damages to the developer, reimbursed the existing homeowners for their cost to connect to City water, deeded back the well, the well lot, a lift station lot, and land easements to the homeowners. In 2014, the City of Meridian entered into a Settlement and Mutual Release Agreement with Bittercreek Meadows Subdivision Homeowners Association in which the City agreed to connect 24 lots to the City of Kuna’s waste water treatment plant. The cost to do this is not known since it is dependent on development of adjoining vacant land but an estimated cost of $200,000 was recorded and is reflected in the statement of net position for the Proprietary Fund. Meridian City Council Meeting Agenda March 19, 2019 – Page 343 of 652 47 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Note 13 - Related Party The City partners with Meridian Development Corporation (MDC) for various downtown improvements. During the year ended September 30, 2018, the City reimbursed MDC $26,255 for a CDBG sidewalk design grant project and MDC agreed to contribute $461,657 for various downtown projects in the City, which included $425,886 for the Pine Avenue Landscaping project. Note 14 - Subsequent Events On September 25, 2018, the City has entered into an agreement with Western Ada Recreation District (WARD) to assume ownership and responsibility for the maintenance of Fuller Park in FY2019. As a result of this transfer, WARD has agreed to reimburse the City $276,000 of the fiscal year 2019 maintenance costs. The City Council has committed $1.5 million in funds to a self-funding trust reserve for employee medical benefits. The City will start the application process with the Department of Insurance to create a self-funding trust. Note 15 - Component Unit MDC is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. In July 2016, the City approved the establishment of MDC’s second district, known as the Ten Mile District. Meridian City Council Meeting Agenda March 19, 2019 – Page 344 of 652 48 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 MDC – Capital Assets Changes to capital assets are as follows: Balance Balance Oct. 1, 2017 Additions Deletions Transfers Sept. 30, 2018 Governmental Activities Capital assets, not depreciated Land 798,529$ -$ -$ -$ 798,529$ Total capital assets, not depreciated 798,529 - - - 798,529 Capital assets, depreciated Buildings 194,511 - - - 194,511 Building improvements 132,288 - - - 132,288 Equipment 100,437 - (91,951) - 8,486 Intangibles 180,160 - - - 180,160 Total capital assets, depreciated 607,396 - (91,951) - 515,445 Less accumulated depreciation for Buildings (64,869) (6,483) - - (71,352) Building Improvements (11,005) (4,410) - - (15,415) Equipment (100,437) - 91,951 - (8,486) Intangibles (180,160) - - - (180,160) Total accumulated depreciation (356,471) (10,893) 91,951 - (275,413) Total net capital assets, depreciated 250,925 (10,893) - - 240,032 Governmental activities capital assets, net 1,049,454$ (10,893)$ -$ -$ 1,038,561$ MDC – Changes in Long-Term Debt MDC has a promissory note for $1,274,000 that matures on March 5, 2022 with a fixed interest rate of 3.51% collateralized by real property. The following is a summary of changes in debt of MDC for the year ended September 30, 2018. 2017 Debt Issued Debt Retired 2018 Governmental Activities Note payable - building 505,080$ -$ (107,685)$ 397,395$ Governmental Activities long-term liabilities 505,080$ -$ (107,685)$ 397,395$ Meridian City Council Meeting Agenda March 19, 2019 – Page 345 of 652 49 City of Meridian, Idaho Notes to Financial Statements September 30, 2018 Maturities of the note payable are as follows for the years ended September 30: Fiscal Year Principal Interest Total 2019 101,935$ 12,571$ 114,506$ 2020 115,087 8,531 123,618 2021 119,192 4,426 123,618 2022 61,181 626 61,807 Totals 397,395$ 26,154$ 423,549$ MDC – Line of Credit MDC has entered into a revolving line of credit with Washington Trust Bank that provides for available borrowings up to $100,000. The agreement matures on June 30, 2019 and is unsecured. Borrowings under the line of credit bear variable interest rate at bank’s prime rate, less 0.16% per annum (4.84% at September 30, 2018). There were no amounts outstanding on the line as of September 30, 2018. Borrowings under the line of credit are subject to certain covenants and restrictions on indebtedness and dividend payments. MDC – Commitments and Contingencies On February 8, 2017, amended on March 13, 2018, MDC entered into an Owner Participation Agreement with Ten Mile Crossing, Inc. Brighton Corporation, SCS Brighton LLC, Brighton Investments LLC, SCS Investments LLC, and SBG Ten Mile Office No. 1, LLC (the Developers) to carry out the approved urban renewal plan This agreement contemplates that the Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues. Meridian City Council Meeting Agenda March 19, 2019 – Page 346 of 652 eidebailly.com Required Supplementary Information September 30, 2018 City of Meridian, Idaho Meridian City Council Meeting Agenda March 19, 2019 – Page 347 of 652 5 0 City of Meridian, Idaho Sc h e d u l e o f E m p l o y e r ’ s S h a r e o f N e t P e n s i o n L i a b i l i t y a n d E m p l o yer Contributions Year Ended September 30, 2018 20 1 8 2 0 1 7 2 0 1 6 2 0 1 5 2 0 1 4 Em p l o y e r ' s p o r t i o n o f n e t p en s i o n l i a b i l i t y 0 . 8 6 9 3 2 9 1 % 0 . 8 3 8 5 3 6 7 % 0. 8 3 2 7 9 2 2 % 0 . 8 3 0 9 2 2 5 % 0 . 7 8 7 7 4 4 2 % Em p l o y e r ' s p r o p o r t i o n a t e s h a r e o f t h e ne t p e n s i o n l i a b l i t y 1 2 , 8 2 2 , 7 5 7 $ 1 3 , 1 8 0 , 3 5 8 $ 1 6 , 8 8 1 , 9 7 8 $ 1 0 , 9 4 1 , 8 9 9 $ 5 , 7 9 9 , 0 3 0 $ Em p l o y e r ' s c o v e r e d p a y r o l l 2 8 , 0 6 7 , 9 2 8 $ 2 6 , 1 5 8 , 9 6 7 $ 2 4 , 5 0 6 , 4 7 3 $ 2 3 , 4 1 8 , 7 0 4 $ 2 1 , 6 7 0 , 6 6 0 $ Em p l o y e r ' s p r o p o r t i o n a l sh a r e o f t h e n e t p e n s i o n li a b i l i t y a s a p e r c e n t a g e o f i t s p a y r o l l 4 5 . 6 8 % 5 0 . 3 9 % 6 8 . 8 9 % 4 6 . 7 2 % 26.76% Pl a n f i d u c i a r y n e t p o s i t i o n a s a p e r c e n t a g e of t h e t o t a l p e n s i o n l i a b i l it y 9 1 . 6 9 % 9 0 . 6 8 % 8 7 . 2 6 % 9 1 . 3 8 % 9 4 . 9 5 % Sc h e d u l e o f E m p l o y e r ' s S h a r e o f N e t P e n s i o n L i a b i l i t y PE R S I - B a s e P l a n La s t 5 F i s c a l Y e a r s * * G A S B S t a t e m e n t N o . 6 8 r e q u i r e s t e n y e a r s o f i n f o r m a t i o n t o b e p r e s e n t e d i n t h i s t a b l e . H o w e v er , u n t i l a f u l l 1 0 - y e a r t r e n d i s c o m p i l e d , t h e C i t y w i l l p r e s e n t in f o r m a t i o n f o r t h o s e y e a r s f o r wh i c h i n f o r m a t i o n i s a v a i l a b l e . Da t a r e p o r t e d i s m e a s u r e d a t t h e m e a s u r e m e n t d a t e w h i c h i s a s o f J u n e 3 0 o f e a c h y e a r . Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 3 4 8 o f 6 5 2 5 1 City of Meridian, Idaho Sc h e d u l e o f E m p l o y e r ’ s S h a r e o f N e t P e n s i o n L i a b i l i t y a n d E m p l o yer Contributions Year Ended September 30, 2018 20 1 8 2 0 1 7 2 0 1 6 2 0 1 5 2 0 1 4 St a t u t o r i l y r e q u i r e d c o n t r i b u t i o n $ 3 , 3 7 5 , 9 6 6 $ 2 , 8 2 7 , 6 4 8 $ 2 , 4 7 5 , 5 7 8 $ 2 ,7 1 7 , 9 6 4 2,560,496 $ Co n t r i b u t i o n s i n r e l a t i o n t o t h e s t a t u t o r i l y re q u i r e d c o n t r i b u t i o n 3 , 2 2 8 , 4 5 9 $ 3 , 0 0 1 , 4 3 7 $ 2 , 7 9 6 , 9 0 9 $ 2 , 6 8 2 , 6 2 0 $ 2 , 4 6 1 , 7 3 9 $ Co n t r i b u t i o n ( d e f i c i e n c y ) e x c e s s ( 1 4 7 , 5 0 7 ) $ 1 7 3 , 7 8 9 $ 3 2 1 , 3 3 1 $ ( 3 5 , 3 4 4 ) $ ( 9 8 , 7 5 7 ) $ Em p l o y e r ' s c o v e r e d p a y r o l l 2 8 , 7 5 0 , 9 6 4 $ 2 6 , 6 4 5 , 1 9 5 $ 2 4 , 9 6 6 , 3 6 0 $ 2 4 , 0 2 9 , 2 3 7 $ 2 2 , 1 4 2 , 2 3 3 $ Co n t r i b u t i o n s a s a p e r c e n t a g e o f c o v e r e d p a y r o l l 1 1 . 2 3 % 1 1 . 2 6 % 1 1 . 20 % 1 1 . 1 6 % 1 1 . 1 2 % La s t 5 F i s c a l Y e a r s * Sc h e d u l e o f E m p l o y e r C o n t r i b u t i o n s PE R S I - B a s e P l a n * G A S B S t a t e m e n t N o . 6 8 r e q u i r e s t e n y e a r s o f i n f o r m a t i o n t o b e p r e s e n t e d i n t h i s t a b l e . H o w e v er , u n t i l a f u l l 1 0 - y e a r t r e n d i s c o m p i l e d , t h e C i t y w i l l p r e s e n t in f o r m a t i o n f o r t h o s e y e a r s f o r wh i c h i n f o r m a t i o n i s a v a i l a b l e . Da t a r e p o r t e d i s m e a s u r e d a s o f S e p t e m b e r 3 0 o f e a c h y e a r . Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 3 4 9 o f 6 5 2 See Notes to Required Supplementary Information 52 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – General Fund Year Ended September 30, 2018 Actual Variance With Original Final Amounts Final Budget Revenues Taxes 30,808,064$ 30,808,064$ 31,329,216$ 521,152$ Licenses and permits 4,912,818 4,912,818 7,945,094 3,032,276 Intergovernmental 10,189,090 11,337,174 11,017,623 (319,551) Franchise fees 1,310,000 1,310,000 1,543,952 233,952 Fines and forfeitures 357,000 357,000 590,032 233,032 Charges for services 1,389,216 1,397,576 2,449,323 1,051,747 Impact revenues 1,794,436 1,794,436 6,102,217 4,307,781 Donations 15,000 64,538 92,979 28,441 Interest 140,000 140,000 811,596 671,596 Miscellaneous 54,000 20,000 44,153 24,153 Total revenues 50,969,624 52,141,606 61,926,185 9,784,579 Expenditures General government personnel costs 5,273,039 5,271,146 4,956,956 314,190 General government operating expense 2,863,817 3,980,453 3,206,254 774,199 Public safety Police personnel costs 14,925,958 14,992,440 13,727,839 1,264,601 Police operating expense 2,944,386 2,946,316 2,569,881 376,435 Fire personnel costs 10,731,373 10,731,373 9,794,158 937,215 Fire operating expense 1,554,362 1,610,942 1,398,624 212,318 Parks and recreation personnel costs 3,076,191 3,076,191 2,605,195 470,996 Parks and recreation operating expense 2,474,810 2,538,040 1,988,750 549,290 Community development personnel costs 1,538,413 2,002,847 1,459,855 542,992 Community development operating expense 2,254,763 2,920,276 3,326,407 (406,131) Capital outlay General government 670,646 946,894 593,635 353,259 Public safety Police 539,040 588,056 473,516 114,540 Fire 4,881,725 5,318,725 1,619,534 3,699,191 Parks and recreation 10,482,448 8,212,194 5,654,352 2,557,842 Community development - 647,300 278,367 368,933 Total expenditures 64,210,971 65,783,193 53,653,323 12,129,870 Excess (Deficiency) of Revenues Over (Under) Expenditures (13,241,347) (13,641,587) 8,272,862 21,914,449 Budgeted Amounts Meridian City Council Meeting Agenda March 19, 2019 – Page 350 of 652 See Notes to Required Supplementary Information 53 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget to Actual – General Fund Year Ended September 30, 2018 Actual Variance with Original Final Amounts Final Budget Other Financing Sources (Uses) Operating transfer in 3,377,390 3,377,390 2,765,353 (612,037) Operating transfer out (663,805) (663,805) (2,641,404) (1,977,599) Unrealized loss on investments - - (280,943) (280,943) Gain on sale of capital assets - - 49,991 49,991 Total other financing sources (uses) 2,713,585 2,713,585 (107,003) (2,820,588) Excess (Deficiency) of Revenues Other Sources (Uses) Over (Under) Expenditures (10,527,762) (10,928,002) 8,165,859 Fund Balance, Beginning of Year 45,405,159 45,405,159 45,405,159 Fund Balance, End of Year 34,877,397$ 34,477,157$ 53,571,018$ Budgeted Amounts Meridian City Council Meeting Agenda March 19, 2019 – Page 351 of 652 5 4 City of Meridian, Idaho Notes to Required Supplementary Information September 30, 2018 Note 1 - Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the CFO, Department Directors, Mayor, and City Council prepare a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are not adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non-GAAP basis. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations. The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. Meridian City Council Meeting Agenda March 19, 2019 – Page 352 of 652 eidebailly.com Other Information September 30, 2018 City of Meridian, Idaho Meridian City Council Meeting Agenda March 19, 2019 – Page 353 of 652 55 City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Capital Projects Fund Year Ended September 30, 2018 Variance Actual with Original Final Amounts Final Budget Revenues Interest 2,000$ 2,000$ 151,366$ 149,366$ Total revenues 2,000 2,000 151,366 149,366 Expenditures General government capital outlay 333,542 131,882 22,647 109,235 Parks and recreation capital outlay 3,000,000 3,000,000 - 3,000,000 Total expenditures 3,333,542 3,131,882 22,647 3,109,235 Excess (Deficiency) of revenues over (Under) Expenditures (3,331,542) (3,129,882) 128,719 (3,258,601) Other Financing Sources (Uses) Operating transfer in 125,499 125,499 2,641,404 2,515,905 Total other financing sources (uses) 125,499 125,499 2,641,404 2,515,905 Excess (Deficiency) of Revenues and Other Sources (Uses) Over (Under) Expenditures (3,206,043) (3,004,383) 2,770,123 (5,774,506) Fund Balance, Beginning of Year 8,045,257 8,045,257 8,045,257 Fund Balance, End of Year 4,839,214$ 5,040,874$ 10,815,380$ Budget Amounts Meridian City Council Meeting Agenda March 19, 2019 – Page 354 of 652 56 City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Enterprise Fund Year Ended September 30, 2018 Variance Actual with Original Final Amounts Final Budget Revenues Water sales 8,943,151$ 8,943,151$ 8,586,671$ (356,480)$ Sewer sales 15,214,390 15,214,390 15,306,791 92,401 Other service revenues 350,000 350,000 445,194 95,194 Sale of meters 200,000 200,000 650,345 450,345 Trash billing service 716,369 716,369 792,593 76,224 Engineering fees 150,000 150,000 600,642 450,642 Assessment revenue and cash donations 12,637,658 12,637,658 21,399,622 8,761,964 Interest 250,000 250,000 774,039 524,039 Miscellaneous - - 9,140 9,140 Total revenues 38,461,568 38,461,568 48,565,037 10,103,469 Expenditures Administration personnel costs 4,417,510 4,516,107 3,824,228 691,879 Administration operating expenses 2,676,627 2,225,022 1,388,941 836,081 Water personnel costs 1,947,481 1,947,481 1,839,993 107,488 Water operating expenses 2,382,615 2,463,965 2,356,804 107,161 Wastewater personnel costs 2,922,930 2,922,930 2,597,212 325,718 Wastewater operating expenses 3,272,466 3,153,094 2,619,844 533,250 Capital outlay 69,624,135 58,531,971 41,610,735 16,921,236 Total expenditures 87,243,764 75,760,570 56,237,757 19,522,813 Excess (Deficiency) of Revenues over (Under) Expenditures (48,782,196) (37,299,002) (7,672,720) 29,626,282 Other Financing Sources (Uses) Operating transfer out (2,839,084) (2,839,084) (2,765,353) 73,731 Unrealized loss on investments - - (468,410) (468,410) Gain on sale of capital assets - - 4,440 4,440 Total other financing sources (uses) (2,839,084) (2,839,084) (3,229,323) (390,239) Excess (Deficiency) of Revenues and Other Sources (Uses) Over (Under) Expenditures (51,621,280) (40,138,086) (10,902,043) Fund Balance, Beginning of Year 47,539,565 47,539,565 50,411,648 Fund Balance, End of Year (4,081,715)$ 7,401,479$ 39,509,605 Deferred outflows 747,373 Deferred inflows (478,622) Net pension liabilities (2,564,552) Non current liabilities (200,000) Accrued vacation (306,430) Net invested in capital assets 315,721,610 Retainage (1,865,905) Net Position, GAAP Basis, End of Year 350,563,079$ Budgeted Amounts Meridian City Council Meeting Agenda March 19, 2019 – Page 355 of 652 What inspires you, inspires us. | eidebailly.com 877 W. Main St., Ste. 800 | Boise, ID 83702-5858 | T 208.344.7150 | F 208.344.7435 | EOE 57 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Mayor and Member of the City Council City of Meridian, Idaho Meridian, Idaho We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho (the City), as of and for the year ended September 30, 2018, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated February 22, 2019. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Meridian City Council Meeting Agenda March 19, 2019 – Page 356 of 652 58 Compliance and Other Matters As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Boise, Idaho February 22, 2019 Meridian City Council Meeting Agenda March 19, 2019 – Page 357 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 R Project File Number: Item Title: AP Invoices for Payment 3/11/2019 - $625,205.03 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.R. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 03/11/19 - $625,205.03 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/14/2019 - 2:38 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 358 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BLUE CROSS OF IDAHO March 2019 Blue Cross Premiums 312,258.87 01 General Fund BPA HEALTH, INC.EAP Premiums, Mar 2019, 473 employees 1,421.64 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash Mar 2019 136.04 01 General Fund DELTA DENTAL PLAN OF IDAHO Group 0133-0000 March 2019 20,030.08 01 General Fund MASTERCARD MC City#2 #0561 February Statement 2,269.56 01 General Fund MASTERCARD MC City#4 #0546 February Statement 795.24 01 General Fund MASTERCARD MC City#7 #0587 February Statement 1,119.50 01 General Fund MASTERCARD MC ComDev#0876 February Statement 2,542.66 01 General Fund MASTERCARD MC May#1 #0751 February statement 1.75 01 General Fund MASTERCARD MC May#2 #0769 February Statement 3,401.12 01 General Fund MASTERCARD MC May#3 #0777 February statement 3,769.00 01 General Fund MASTERCARD MC PD # 10 2/28/19 - Statement -206.44 01 General Fund MASTERCARD Mc PD # 4 2/28/2019 - Statement -1,658.89 01 General Fund NCPERS GROUP LIFE INS NCPERS Vol Life Insurance premiums Mar 2019 736.00 01 General Fund NEW YORK LIFE INSURANCE COMPANY Mar 2019 New York Life Insurance 873.02 01 General Fund NORTHWEST FIRE FIGHTERS BENEFITS TRUST Acct#52 NWFFT Mar 2019 105,374.57 01 General Fund UNITED HERITAGE INSURANCE 02065-001 Life Insurance premiums March 2019 3,863.55 01 General Fund UNITED HERITAGE INSURANCE 02065-001 LongTermDisability Insurance premiums March 2019 6,053.72 01 General Fund UNITED HERITAGE INSURANCE 02065-001 ShortTermDisability Insurance premiums March 2019 4,829.33 01 General Fund UNITED HERITAGE INSURANCE Group #2065A United Heritage Vol Life Ins March 2019 4,704.43 01 General Fund VISION SERVICE PLAN #30 044489 0001 Mar 2019 Premiums 4,002.42 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Premiums 03/19 5,584.85 Total 01 General Fund 485,632.68 20 Grant Fund governmental MASTERCARD MC ComDev#0876 February Statement 552.80 Total 20 Grant Fund governmental 552.80 60 Enterprise Fund BLUE CROSS OF IDAHO March 2019 Blue Cross Premiums 121,278.42 60 Enterprise Fund BPA HEALTH, INC.EAP Premiums, Mar 2019, 473 employees 451.44 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash Mar 2019 32.00 Date: 3/11/19 02:01:28 PM Page: 1Meridian City Council Meeting Agenda March 19, 2019 – Page 359 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Group 0133-0000 March 2019 6,968.80 60 Enterprise Fund MASTERCARD MC Wat #0538 February Statement 426.49 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Vol Life Insurance premiums Mar 2019 192.00 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 Life Insurance premiums March 2019 1,287.60 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 LongTermDisability Insurance premiums March 2019 1,599.63 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001 ShortTermDisability Insurance premiums March 2019 1,302.62 60 Enterprise Fund UNITED HERITAGE INSURANCE Group #2065A United Heritage Vol Life Ins March 2019 851.92 60 Enterprise Fund VISION SERVICE PLAN #30 044489 0001 Mar 2019 Premiums 1,516.33 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Premiums 03/19 3,112.30 Total 60 Enterprise Fund 139,019.55 Report Total 625,205.03 Date: 3/11/19 02:01:28 PM Page: 2Meridian City Council Meeting Agenda March 19, 2019 – Page 360 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 S Project File Number: Item Title: AP Invoices for Payment 3/13/2019 - $24,308.07 Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.S . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 03/13/19 - $24,308.07 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/14/2019 - 2:39 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 361 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund MASTERCARD 220/MC#1 Fire 2-28-19 Statement,400.00 01 General Fund MASTERCARD 220/MC#2 Fire 2-28-19 Statement,7,939.03 01 General Fund MASTERCARD 220/MC#3 Fire 2-28-19 Statement,1,208.78 01 General Fund MASTERCARD 220/MC#4 Fire 2-28-19 Statement,890.21 01 General Fund MASTERCARD 220/MC#5 Fire 2-28-19 Statement,1,124.87 01 General Fund MASTERCARD MC HR#0603 February statement 3,188.00 01 General Fund MASTERCARD MC IT #0179 February statement 2,654.51 01 General Fund MASTERCARD MC Legal#0868 February statement 49.00 01 General Fund MASTERCARD MC-COM DEV BS #2 02/2019 1,383.99 01 General Fund RACHAEL BEIERLE R.Beierle exp rpt SLC Feb19 cert exam retake 1,053.23 Total 01 General Fund 19,891.62 60 Enterprise Fund MASTERCARD MC IT #0179 February statement 300.00 60 Enterprise Fund MASTERCARD MC WW#1 #0611 February statements 4,116.45 Total 60 Enterprise Fund 4,416.45 Report Total 24,308.07 Date: 3/13/19 11:04:51 AM Page: 1Meridian City Council Meeting Agenda March 19, 2019 – Page 362 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 6 T Project File Number: Item Title: AP Invoices for Payment 3/20/2019 - $2,877,407.90 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.T. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 03/20/19 - $2,877,407.90 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 3/14/2019 - 2:59 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 363 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund AMERICAN PLANNING ASSOCIATION APA membership dues for S Siddoway 4/1/19-3/31/20 400.00 01 General Fund AS YOU WISH CLOTHIERS 220/Class A uniform alterations, striping, hemming, Gould 45.00 01 General Fund BATTERIES PLUS Batteries for Patrol 57.60 01 General Fund BATTERIES PLUS Name Brand Batteries for Flashlights on Rifles 199.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight Maintenance 28788C 2/21/19 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight Maintenance 29484C 2/21/19 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight Maintenance 40388C 2/21/19 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight Maintenance 40389C 2/21/19 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight Maintenance 40759C 2/21/19 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0027 FY19 Streetlight Maintenance 41496C 2/21/19 224.00 01 General Fund BILL SCHULER Per Diem: B.Schuler, Community Risk Reduction Leadership Con 297.00 01 General Fund BLR - BUSINESS & LEGAL RESOURCES Acct# 4861194 FMLA Handbook Renewal 04/01/19 - 03/31/20 536.99 01 General Fund BLR - BUSINESS & LEGAL RESOURCES Acct#4861194 FLSA Handbook Renewal 04/01/19 - 03/31/20 536.99 01 General Fund BPA HEALTH, INC.EAP Service - 2019 Employee Compliance Line 2,975.00 01 General Fund BRADY INDUSTRIES, LLC.220/2 vacuums, returned, credit to follow 611.86 01 General Fund BRADY INDUSTRIES, LLC.220/bath tissue, st. 1 52.20 01 General Fund BRADY INDUSTRIES, LLC.220/cleaner & liners, st. 1 34.08 01 General Fund BRADY INDUSTRIES, LLC.220/cleaner, detergent, towels, St. 3 96.92 01 General Fund BRADY INDUSTRIES, LLC.220/credit for 2 vacuums returned due to late arrival; orig (611.86) 01 General Fund BRADY INDUSTRIES, LLC.220/St. 2, truck wash, cleaners, liners, towels 373.84 01 General Fund BREAKTHROUGH CLEAN TECHNOLOGIES Firearms Cleaning Supplies 962.76 01 General Fund BROWNELLS Patrol Officer Equipment 116.10 01 General Fund CABLE ONE 220/Cable & internet services for Fire Safety Center 140.44 01 General Fund CABLE ONE 220/digital device rental, st. 1 6.12 01 General Fund CABLE ONE 220/digital device rental, St. 3 6.12 01 General Fund CALLYO 2009 CORP Basic System, Callyo Lines 2,220.00 01 General Fund CANYON TRUCK UPFITTERS light bars for turf sprayers - qty 6 389.00 01 General Fund CANYON TRUCK UPFITTERS light bars, strobe light, switches, fuse holders x 13 545.87 01 General Fund CARPENTER SCREEN PRINTING Ultimate Disc Tournament champion shirts - qty 10 79.50 01 General Fund CARPENTER SCREEN PRINTING Ultimate Disc Tournament champion shirts - qty 12 95.40 01 General Fund CLOVERDALE PLUMBING COMPANY ADA sink install at Centennial Park 372.00 01 General Fund COMMUNITY COALITIONS OF IDAHO MADC 2019 Annual Membership Dues 50.00 01 General Fund DATATEL Reference Inv 21270: Item 10577 Mitel 480g Connect IP Phone 3,870.00 Date: 3/14/19 02:52:14 PM Page: 1Meridian City Council Meeting Agenda March 19, 2019 – Page 364 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Adjustments/Repair Rifle Lock Unit # 104 264.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Equip & Labor to Build New Traffic Bike Unit # 527 3,742.91 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Repair Mic Mount Bracket 2 Push Bumper Lights Unit # 163 244.99 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 2/1-2/26/19 - qty 16 492.00 01 General Fund FAMILY TANG SOO DO instructor fee - Smiling Tigers 2/1-2/22/19 - qty 9 284.00 01 General Fund FERGUSON ENTERPRISES INC.hot water elements for Mo Brooks at Storey - qty 2 32.40 01 General Fund FERGUSON ENTERPRISES INC.Settlers Park toilet repair part - qty 1 178.58 01 General Fund GEOTEK, INC.19-0032 TO #10927.a Commercial & Residential Bldg. Inspect 27,775.00 01 General Fund HERB GRIFFIN Expense Report: H.Griffin,NFA Course Fire Prev Emmitsburg,MD 60.00 01 General Fund IDAHO CENTENNIAL AGA Registration, 4 Employees, AGA Spring 2019 Prof Dev Training 1,220.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#251042 Brian Caldwell Child Support Mar 2019 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 Tyler Bryner Child Support Feb 2019 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 Mark A Payne Child Support Mar 2019 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 Michael D Gould Child Support Mar 2019 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#340303 Adnan Rudan Child Support Mar 2019 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#352890 Granville Start Child Support Mar 2019 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#416457 John S Overton Child Support Mar 2019 328.57 01 General Fund IDAHO STATE POLICE Background Checks 33.25 01 General Fund IDAHO STATE POLICE Fingerprint and Background Check Processing 725.25 01 General Fund IDAHO STATESMAN Dec. 31, 2018 to Feb. 3, 2019 Job Postings 1,171.75 01 General Fund IDAHO STATESMAN Job Postings for Community Development, Police, PubWorks 1,260.00 01 General Fund IDAHO TOOL & EQUIPMENT drill press vise - qty 1 249.99 01 General Fund IDAHO TOOL & EQUIPMENT extended drill bit set for Lanark Parks Shop - qty 1 set 165.76 01 General Fund IIMC C.Jay Coles: Registration fee for IIMC Annual Conference 550.00 01 General Fund IN THE BAG PROMOTIONS, INC.January 2019 - Years of Service Awards 1,520.95 01 General Fund INTERNATIONAL CODE COUNCIL ICC Webinar K. Hibbard/R. Hibbard; Study Guide A. Gustafson 113.00 01 General Fund INTERSTATE ALL BATTERY CENTER AA, D, & 9 Volt batteries - qty 5 58.40 01 General Fund INTERSTATE ALL BATTERY CENTER battery tender for Kioti tractor - qty 3 74.97 01 General Fund JAMIE BEEHN Expense Report: J.Beehn MS Exch. Training Arlington VA 17.76 Date: 3/14/19 02:52:14 PM Page: 2Meridian City Council Meeting Agenda March 19, 2019 – Page 365 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund JAYKER WHOLESALE NURSERY discount credit reference invoices 0000155921 & 0000142913 (121.13) 01 General Fund KELLER ASSOCIATES, INC.18-0509 Electrical Plans Examining Services - 1/2019 13,633.10 01 General Fund L.N. CURTIS AND SONS 220/1 pr boots, returned, credit to follow 126.90 01 General Fund LEA ELECTRIC, LLC.Non emergency lighting 250.00 01 General Fund LEAPFOX LEARNING 220/5 Prepaid training credits for Leapfox Microscoft course 1,250.00 01 General Fund LES SCHWAB TIRE CENTER 1445 mower #5 tires - qty 2 243.98 01 General Fund LS REFEREEING 19-0050 Basketball officiating 2/18-2/21/19 - qty 12 games 750.00 01 General Fund MASTERCARD MC City#0603 February Statement 2,518.00 01 General Fund MERCER HEALTH & BENEFITS Feb. 2019 Benefits Brokerage Consulting Services 5,000.00 01 General Fund MOTIONS DANCE STUDIO instructor fee - Dazzle,Dance,Cheer 2/1-2/22/19 - qty 24 640.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-Ballet,Tap,Jazz,Capoeira,Lyrical,Cheer x 85 2,468.00 01 General Fund MUNICIPAL EMERGENCY SVCS 19-0175 220/1 pr structure boots - Hamilton 303.50 01 General Fund MUNICIPAL EMERGENCY SVCS 19-0175 220/turnout hiback suspenders pants 45.05 01 General Fund NESMITH BROTHERS TOWING Tow Unit# 122 to Kendall for Engine Noise 75.00 01 General Fund NORCO 220/Personal Protective equip, safety glasses, 4 dz.76.80 01 General Fund NORCO acetylene tank for torch at Lanark Parks Shop 49.86 01 General Fund NORCO cylinder rental for welding gas - February 2019 38.08 01 General Fund NORCO welding & torch gases for Lanark Parks Shop 179.12 01 General Fund OFFICE DEPOT, INC.Small Office Heater Qty 1 34.69 01 General Fund OFFICE TEAM 19-0165 Short Term Temporary Permit Techs for Building Dept 858.00 01 General Fund OFFICE TEAM 19-0165 Short Term Temporary Permit Tech S. Kaiser 2/22/19 686.40 01 General Fund OFFICE TEAM February 22, 2019 Contracted Labor for S. Householder 504.00 01 General Fund OFFICE TEAM March 1, 2019 Contracted Labor for S. Householder 724.50 01 General Fund OREGON CHILD SUPPORT PROGRAM #410000000121812 Nicholas A Butler Child Support Mar 2019 546.00 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 2/3-2/24/19 - qty 29 348.00 01 General Fund RICOH USA, INC HR C86084920 - March 2019 Lease and February 2019 Copies 561.28 01 General Fund RICOH USA, INC MPC306SPF Addtl Images for Feb 2019 - Comm Svcs 24.08 01 General Fund RICOH USA, INC MPC307 Addtl Images for Feb 2019 - CAU 54.91 01 General Fund RICOH USA, INC MPC4504Eex Addtl Images for Feb 2019 - PSTC 49.84 01 General Fund RICOH USA, INC MPC4504ex Copier expense 140.04 01 General Fund RMT EQUIPMENT credit on oil & hydraulic filters for Ventrac - qty 3 (253.66) Date: 3/14/19 02:52:14 PM Page: 3Meridian City Council Meeting Agenda March 19, 2019 – Page 366 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund RMT EQUIPMENT credit on Raven two speed part; Broom sensor cable (112.41) 01 General Fund RMT EQUIPMENT hydraulic oil for mower maintenance - qty 2 50.72 01 General Fund RMT EQUIPMENT Raven two speed part for sprayer - qty 1 210.89 01 General Fund RMT EQUIPMENT Ventrac broom repair 116.60 01 General Fund RODDA PAINT COMPANY painting supplies for Lanark Parks Shop - qty 16 54.14 01 General Fund SHRED-IT USA, LLC.February 2019 Document Shredding for HR Office 51.81 01 General Fund SHRED-IT USA, LLC.Finance,Clerks Document Shredding February 2019 115.50 01 General Fund SHRED-IT USA, LLC.Shredding MPD Documents 155.58 01 General Fund SILVER CREEK SUPPLY small engine maintenance & repair 78.27 01 General Fund SILVER CREEK SUPPLY small engine maintenance and repair 455.28 01 General Fund SPORTSMANS WAREHOUSE Duty Holster Equipment 19.99 01 General Fund SYNCB/AMAZON 220/10 flags for engines 79.90 01 General Fund SYNCB/AMAZON 220/6 gear keeper lanyards 131.94 01 General Fund SYNCB/AMAZON 220/batteries, for airpacks for training 45.71 01 General Fund SYNCB/AMAZON 220/flags, phone charger 249.78 01 General Fund SYNCB/AMAZON 220/toner for inspector printer 140.00 01 General Fund SYNCB/AMAZON 220/whiteboard 157.59 01 General Fund SYNCB/AMAZON Bracket for CD Conference room projector stand 17.98 01 General Fund SYNCB/AMAZON Code Book - K. Garcia/Highlighters - Plan Review 47.91 01 General Fund SYNCB/AMAZON Office Supplies 25.97 01 General Fund SYNCB/AMAZON Vivo Dual Arm Monitor Desk Mount Height Adjustable Tilt Swiv 89.36 01 General Fund SYNCB/AMAZON water pitcher replacement filters - qty 3-pack 20.96 01 General Fund T-ZERS SHIRT SHOP Inspector clothing 1,033.85 01 General Fund THE ACTIVITY GROUP Impact Team G48 Holsters 140.22 01 General Fund THE CAR PARK Courthouse Parking for Feb 2019 75.00 01 General Fund THE UPS STORE Postage to Mail Back 8 Tasers for Recall 16.34 01 General Fund THE UPS STORE Postage to Mail Equipment for Repair 50.08 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 47.00 01 General Fund UNIFORMS 2 GEAR 19-0214 220/workrite pants (6 pr)659.34 01 General Fund UNIFORMS 2 GEAR Add Patches and Reflective to Motor Jacket - Hall 34.98 01 General Fund UNIFORMS 2 GEAR Motors Shirts for Hall 379.40 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Attinger 1,281.83 01 General Fund USSSOA 19-0051 volleyball officials 2/18-2/22/19 - qty 60 games 1,337.43 01 General Fund USSSOA basketball officials 2/18-2/22/19 - qty 2 games 131.72 01 General Fund WESTERN ADA RECREATION DISTRIC Reimburse WARD for Fuller Park Utilities 3,716.12 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST March 2019 MERP Contributions 3,750.00 01 General Fund WW GRAINGER, INC 220/shop towels & batteries for equipment 80.24 Date: 3/14/19 02:52:14 PM Page: 4Meridian City Council Meeting Agenda March 19, 2019 – Page 367 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 01 General Fund 106,470.72 07 Impact Fund ESI, INC 18-0488 19-0265 220/Precon for ST. 6 15,639.25 07 Impact Fund ESI, INC 19-0265 220/Preconstruction costs, St. 6 5,194.00 07 Impact Fund HOME DEPOT CREDIT SERVICES 220/nuts,bolts,washer to attach equipment to E36 9.66 07 Impact Fund JAYKER WHOLESALE NURSERY trees for Discovery Park - qty 2 424.00 07 Impact Fund SYNCB/AMAZON stain for Discovery Park play log - qty 3 200.79 Total 07 Impact Fund 21,467.70 20 Grant Fund governmental JESSE TREE OF IDAHO Reimburse for Emergency Rental Assistance for CDBG 2,806.00 20 Grant Fund governmental NEIGHBORWORKS BOISE LENDING 17-0283/18-0265 CFDA 14.253 Homeownership Assistance F.Ramin 10,000.00 Total 20 Grant Fund governmental 12,806.00 60 Enterprise Fund A COMPANY INC WRRF Cap Exp porta potty 1/7-2/3/19 99.63 60 Enterprise Fund A-1 TOWING Towing service for inspection vehicle C18640 80.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0231 After hours HMI/SCADA PLC Programming Issues 4,395.88 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0231 FY19 General SCADA Support Water 1/31/19 287.50 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0231 General SCADA Support Servs Water 1/30/19 517.50 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 19-0237 SCADA Oncall Services for Wtr, WW & Collections 12,472.00 60 Enterprise Fund ANDRITZ SEPARATION, INC O-rings for centrifuge rebuild (16 qty) WO#88888 209.76 60 Enterprise Fund ANDRITZ SEPARATION, INC O-rings, grease nipple, lip sealing rings, v-rings (38 qty)3,077.36 60 Enterprise Fund AUTO SHADES, INC.Window tining for new Collections truck C21222 250.00 60 Enterprise Fund BACKFLOW SUPPLY Wilkins 375 Reduced Pressure Repair Kit Qty 1 58.38 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007 Bill Inserts 02/20/19 Del Notice Processing 02/25/19 11,980.62 Date: 3/14/19 02:52:14 PM Page: 5Meridian City Council Meeting Agenda March 19, 2019 – Page 368 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007 FY19 IVR Phone Services, February 2019 1,416.75 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 19-0007 FY19 Lockbox Payment Processing February 2019 1,447.70 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 Copier Lease 03/01/19 - 03/31/19 275.80 60 Enterprise Fund BOWERS AUTO REPAIR Replaced expansion valve and A/C pressure switch C19160 439.40 60 Enterprise Fund CAREER UNIFORMS Clothing for ADarby (8 qty)116.10 60 Enterprise Fund CARRIER CORP Labor to repair the controls on bake oven in maint shop 287.50 60 Enterprise Fund CARRIER CORP Service agreement of Admin bldg Feb-Apr 2019 409.50 60 Enterprise Fund CHRISTINA HANKINS Dumpster Refund 3262 W. Hatch Ct.26.88 60 Enterprise Fund CONCRETE CONSTRUCTION SUPPLY,Concrete Blanket Qty 1 52.00 60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Sample bottles (830 qty)140.62 60 Enterprise Fund CRYSTAL CRANSTON Refund Wat/Sew/Trash 115 W. Washington St.28.20 60 Enterprise Fund D & B SUPPLY Safety boots for DPereira 188.99 60 Enterprise Fund DALENE FORNELIUS Refund Wat/Sew/Trash 1861 S Swain Ave 1,340.31 60 Enterprise Fund DAVID & SONJA HOMA Refund Wat/Sew/Trash 2481 W. Crossland Dr.36.03 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0016 Ferric chloride (48,780 lbs)8,648.69 60 Enterprise Fund ENERGY LABORATORIES, INC Well 20B assessment services 2/22/19 1,374.00 60 Enterprise Fund ENERGY LABORATORIES, INC Well 20B assessment services as of 2/22/19 1,374.00 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Labor to install lightbar on new Collections truck C21222 2,400.00 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.Lab DI water maintenance agreement 618.01 60 Enterprise Fund EWING CO., INC.18-0048/9,19-0172/219/234,WRRF construction 2/1-2/28/19 401,592.00 Date: 3/14/19 02:52:14 PM Page: 6Meridian City Council Meeting Agenda March 19, 2019 – Page 369 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund EWING CO., INC.19-0242 CO2 Well 32 Pumping Facility, 1/1/19-2/14/19 - Final 46,833.67 60 Enterprise Fund FERGUSON ENTERPRISES INC.19-0183 Credit for 4inch OMT2 Qty 1 Ref Inv 0705166 (3,535.44) 60 Enterprise Fund FERGUSON ENTERPRISES INC.19-0183 FY19 Water Meters 4 OMT2 Qty 2 5,708.10 60 Enterprise Fund FERGUSON ENTERPRISES INC.DI Spool, Bolt Pack, Wedge Glande Pack Qty 8 737.28 60 Enterprise Fund FERGUSON ENTERPRISES INC.Ferguson CEU Roadshow Training Qty 8 480.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Tubing Cutter, Flaux Paste, Mesh Clean Cloth Qty 3 53.50 60 Enterprise Fund FISHER SCIENTIFIC Chlorophylla standard 232.76 60 Enterprise Fund FISHER SCIENTIFIC Pipet tips & transfer pipettes (7 pks)190.88 60 Enterprise Fund FISHER SCIENTIFIC poly-cubitainer (1 cs)57.55 60 Enterprise Fund FISHER SCIENTIFIC Potassium sulfate 96.45 60 Enterprise Fund GAIL & NOEL SMITH Dumpster Refund 196 E. Blue Heron Ln 18.03 60 Enterprise Fund GIESLER AUTO REPAIR Labor Eval of Emissions fail & Emiss Test C11289 83.00 60 Enterprise Fund GOOD WORKS REMODELING & CONSTRUCTION Dumpster Refund 1947 N. Cairns Way 12.91 60 Enterprise Fund GSA DIRECT Refund Wat/Sew/Trash 719 N. Principle Pl 34.21 60 Enterprise Fund H.D. FOWLER COMPANY SS Nipple Qty 1 118.36 60 Enterprise Fund H.D. FOWLER COMPANY Transition Fitting 310.14 60 Enterprise Fund HAZEL ASPHALT, LLC Patching @ 1835 W Swan Ave 750.00 60 Enterprise Fund HIGH MARK RESTURANT SALES Dumpster Refund 3340 N. Eagle Rd.290.62 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#326566 Nathan Howell Child Support Mar 2019 299.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#344238 Brian C Kerr Child Support Mar 2019 443.00 Date: 3/14/19 02:52:14 PM Page: 7Meridian City Council Meeting Agenda March 19, 2019 – Page 370 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#352719 Brent J Arte Child Support Mar 2019 420.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#354376 Maria Balderas Edwards Child Support Mar 2019 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#412750 Dennis Patton Child Support Mar 2019 604.20 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for ADarby (500 qty)46.25 60 Enterprise Fund INTEGRATIVE SOLUTIONS WRRF Centrate Mods,trench for conduit, 1/24/19 3,756.00 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Automotive Battery C11289 Qty 1 115.10 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Battery for bob cat 161.14 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Battery for emegency light in PLC at N. Black Cat LS 28.95 60 Enterprise Fund JC CONSTRUCTORS INC 18-0433,19-0116,18-0066 WRRF Cap.Exp.construction 2/25/19 939,169.90 60 Enterprise Fund JENNIFER ROUNDY Refund Wat/Sew/Trash 622 E. Willow Brook Dr.160.72 60 Enterprise Fund JOAN & DARWIN CHAFFIN Refund Wat/Sew/Trash 1434 W. Chateau Ave.47.06 60 Enterprise Fund KEITH & KAREN DAHL Refund Wat/Sew/Trash 1281 N. Victor Way 54.76 60 Enterprise Fund LAYNE of IDAHO, INC.19-0262,Well 28,Pump pull,inspect,rebuild,install 2/18/19 16,058.00 60 Enterprise Fund LEAGUE OF OREGON CITIES Job Posting for Public Works WW Operator III 80.00 60 Enterprise Fund LEE WHITEHEAD Refund Wat/Sew/Trash 962 S. Brook Trout Way 100.20 60 Enterprise Fund LYNN WEIMAR Refund Wat/Sew/Trash 3145 N. Valam Ave.71.82 60 Enterprise Fund MASTERCARD MC City#0603 February Statement 670.00 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp.special inspections 2/3-2/16/19 4,200.57 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headwoarks Upgrades,testing 2/3-2/16/19 60.00 60 Enterprise Fund McCALL INDUSTRIAL Ball valve, threaded elbow, hex reducer bushing (36 qty) 621.67 Date: 3/14/19 02:52:14 PM Page: 8Meridian City Council Meeting Agenda March 19, 2019 – Page 371 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund McCALL INDUSTRIAL Hex reducer bushing (6 qty)13.20 60 Enterprise Fund McCALL INDUSTRIAL SS bushing (3 qty)28.83 60 Enterprise Fund McCALL INDUSTRIAL Threaded coupling & SS nipple (12 qty)32.08 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Allen wrench set for maintenance shop (5 qty)66.95 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Ball valve for water heater 2, chiller room in Lab 29.45 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Bolts for stock (300 qty)147.51 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Cutting wheels (50 qty)105.50 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.De-scaler needles set 24.68 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Fittings, coupler, hose reel cart, & hose (8 qty)426.10 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Keystock for maintenance shop 25.16 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Magnets for bearing heater (5 qty)5.50 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Rubber gloves for sandblast cabinet 55.41 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Sandblast media & sanding/polishing discs (53 qty)333.36 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Scotch brite pads for maintenance shop 56.19 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Set screw kit for maintenance shop 207.82 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Welding rods for maintenance shop (4 qty)287.47 60 Enterprise Fund MURRAYSMITH INC 18-0405,Monitoring Eng. services as of 1/31/19 2,739.50 60 Enterprise Fund MURRAYSMITH INC Gregory lift station design as of 1/31/19 1,319.50 60 Enterprise Fund MYFLEETCENTER.COM Oil change on Pretreatment truck C15593 66.38 60 Enterprise Fund NORCO Cylinder rental for Feb 2019 55.50 Date: 3/14/19 02:52:14 PM Page: 9Meridian City Council Meeting Agenda March 19, 2019 – Page 372 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund NORCO H2S sensor 154.46 60 Enterprise Fund NORCO Multi Purpose Tig Glove Qty 1 28.51 60 Enterprise Fund NORCO Safety Gloves Qty 10 73.43 60 Enterprise Fund O'REILLY AUTO PARTS Battery & cable for sewer easement machine (2 qty)23.98 60 Enterprise Fund O'REILLY AUTO PARTS Wiper blades for Collections truck C14936 (2 qty)47.44 60 Enterprise Fund OPTIONS 3-step lid for FOG education (500 qty)375.00 60 Enterprise Fund OPTIONS Large bowl scraper-trash the fat-for FOG education (506 qty) 718.40 60 Enterprise Fund OXARC, INC.19-0010 Sodium Hypochlorite Delivery Qty 3350gl 5,502.50 60 Enterprise Fund POSTNET Postage & Mailing of Backflow ltrs Qty 742 137.20 60 Enterprise Fund RANDY & SERENE MATTHEWS Refund Wat/Sew/Trash 1133 N. Shreveport Ave 111.96 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolid disposal for Feb 2019 15,979.08 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services February 2019 1,207,658.98 60 Enterprise Fund RICOH USA, INC C86234082 b/w (1,727 qty) & color (923 qty) images 71.39 60 Enterprise Fund RICOH USA, INC C86234082 credit for overcharge on images (361.15) 60 Enterprise Fund RICOH USA, INC C86236263 b/w (290 qty) & color (782 qty) images 50.86 60 Enterprise Fund RICOH USA, INC C86242095 b/w (923 qty) & color (657 qty) images 40.42 60 Enterprise Fund RICOH USA, INC Printer Copies Feb 2019 SN: C86232612 C86232690 199.38 60 Enterprise Fund ROBERT JR. & MERCIA NICHOLS Refund Wat/Sew/Trash 4214 E. Palm St.39.90 60 Enterprise Fund ROSCOE BROWNING Refund Wat/Sew/Trash 2847 N Marburg Ave 114.41 60 Enterprise Fund SCOTT & CAROL CAKEBREAD Refund Wat/Sew/Trash 5139 N. Black Sand Ave.44.70 Date: 3/14/19 02:52:14 PM Page: 10Meridian City Council Meeting Agenda March 19, 2019 – Page 373 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SEASONAL ADVENTURES INC.Refund Wat/Sew/Trash Hydrant Meter Meridian, ID 83642 87.20 60 Enterprise Fund SHANDY LAM S Lam Goernment Social Media Conf 04/1-4/4/19 Nashville TN 213.50 60 Enterprise Fund SHRED-IT USA, LLC.Finance,Clerks Document Shredding February 2019 57.75 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Socket x thread bushing, threaded reducer bushing (9 qty) 28.77 60 Enterprise Fund ST. LUKE'S HEALTH SOLUTIONS Hearing test for JAllen 57.00 60 Enterprise Fund STAR CONSTRUCTION, LLC 19-0244 Labor for emergency sewer repair 4,896.04 60 Enterprise Fund STAR CONSTRUCTION, LLC 19-0244 Labor to change slope @ 1052 E. Sicily St.7,000.00 60 Enterprise Fund STAR CRANE & RIGGING Crane service to repair mixer 1 at digester 5 (2.5 hrs)375.00 60 Enterprise Fund SYNCB/AMAZON Cell phone case for MEspinola 19.98 60 Enterprise Fund SYNCB/AMAZON Command Strips Qty 3 15.72 60 Enterprise Fund SYNCB/AMAZON Connectivitiy box for Water conf room 187.00 60 Enterprise Fund SYNCB/AMAZON Desk Organizer Qty 1 11.45 60 Enterprise Fund SYNCB/AMAZON Frame for poster 30.52 60 Enterprise Fund SYNCB/AMAZON Jumper cables for inspection vehicles 153.93 60 Enterprise Fund SYNCB/AMAZON Male Tank Valve, NPT Tank Valve Qty 2 29.58 60 Enterprise Fund SYNCB/AMAZON Nozzles, sprinkler pray heads & blue water enhancer (14 qty) 166.96 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 3/1 to 3/31/19 101.00 60 Enterprise Fund THE CAMCO GROUP, LLC.Refund Wat/Sew/Trash 4553 W. Shirdale Ct.115.17 60 Enterprise Fund THE CAMCO GROUP, LLC.Refund Wat/Sew/Trash 4637 W. Shirdale Ct.70.73 60 Enterprise Fund TIMOTHY MCGOURTY Refund Wat/Sew/Trash 1331 NE 2 1/2 St.150.00 Date: 3/14/19 02:52:14 PM Page: 11Meridian City Council Meeting Agenda March 19, 2019 – Page 374 of 652 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund TRACI L. HULSEY Refund Wat/Sew/Trash 4362 N Heritage Woods Way 178.39 60 Enterprise Fund USA BLUEBOOK DPD Pillow, Iron Reagent Pillow Qty 6 130.86 60 Enterprise Fund USA BLUEBOOK Industrial washdown nozzle (5 qty)167.89 60 Enterprise Fund USA BLUEBOOK Pressure transducer 857.81 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Bicent PRV Install Cat Rental 504.00 60 Enterprise Fund WW GRAINGER, INC Casters for lab cart wheels (4 qty)81.94 60 Enterprise Fund WW GRAINGER, INC Dionized Water Qty 4 84.04 60 Enterprise Fund XYLEM DEWATERING SOLUTIONS, INC.Flygt mixer repair kit, wear rotating ring (3 qty)8,351.20 Total 60 Enterprise Fund 2,736,663.48 Report Total 2,877,407.90 Date: 3/14/19 02:52:14 PM Page: 12Meridian City Council Meeting Agenda March 19, 2019 – Page 375 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 7 Project File Number: Item Title: Items moved from Consent Agenda Meeting Notes: City Council Regular Meeting March 19, 2019 Agenda Item Number: 8 A Project File Number: Item Title: Police Department: Introductions of K-9 Units Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Lt. B erle S tokes K9 units Es timated Time for P res entation: 10 min Title of Item - Police Department: Introductions of K-9 Units C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 3:53 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 376 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 A Project File Number: Item Title: Public Hearing for Proposed Vehicle Immobilization (Booting) Ordinance Third Reading of Ordinance No. 19-1815: An Ordinance Adding A New Chapter, Chapter 3, To Title 3, Meridian City Code, Regarding Vehicle Immobilization: Definitions, Vehicle Immobilization License, Vehicle Immobilization Regulations, Prohibited Acts, And Penalty; Adopting A Savings Clause; And Providing An Effective Date. Meeting Notes: r� I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for P roposed Vehicle Immobilization (Booting) Ordinance C lick Here to S ign Up to Testify at the Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 3/8/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 7:45 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 377 of 652 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/19/2019 Hearing Type: Council Item Number: 9-A Project Name: Proposed Vehicle Immobilization (Booting) Ordinance Project No.: Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=205 3/20/2019 VEHICLE IMMOBILIZATION ORDINANCE PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1815 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 3, TO TITLE 3, MERIDIAN CITY CODE, REGARDING VEHICLE IMMOBILIZATION: DEFINITIONS, VEHICLE IMMOBILIZATION LICENSE, VEHICLE IMMOBILIZATION REGULATIONS, PROHIBITED ACTS, AND PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 49-1819 and Article XII, section 2, Idaho Constitution, municipalities are duly authorized to establish regulations not in conflict with the general laws, including Idaho Code sections 49-1806(1), authorizing property owners to boot vehicles where the property is posted with notice that unauthorized vehicles may be booted at the owner’s expense ; WHEREAS, the City Council of the City of Meridian seeks by this ordinance to establish consistency and clarity in regulation of vehicle immobilization; protect public safety, consumer interests, and property; and institute due process protections; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: TITLE 3 BUSINESS AND LICENSE REGULATIONS CHAPTER 3 VEHICLE IMMOBILIZATION SECTION 3-3-1: DEFINITIONS: For the purposes of this chapter, these terms shall be defined as follows: A. IMMOBILIZE: To impound, incapacitate, or immobilize any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized. B. VEHICLE IMMOBILIZATION: the impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, Meridian City Council Meeting Agenda March 19, 2019 – Page 378 of 652 VEHICLE IMMOBILIZATION ORDINANCE PAGE 2 or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized. C. VEHICLE IMMOBILIZATION DEVICE or IMMOBILIZATION DEVICE: Any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, used to prevent free or legal movement of the vehicle from the place where it is immobilized. Section 3-3-2: VEHICLE IMMOBILIZATION LICENSE: A. License required: It shall be unlawful for any person to engage in vehicle immobilization unless a valid City of Meridian Vehicle Immobilization License has been issued as herein provided and said license is in full force and effect. B. Application for license: An application for a Vehicle Immobilization License shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: 1. Applicant’s name, physical address, and mailing address. 2. Applicant’s employer’s name, physical address, and mailing address. 3. A description of the services to be offered and/or delivered under the Vehicle Immobilization license. 4. A description of any and all motor vehicles to be used to respond to calls for service, including license plate state and number, make, model, color, and identifying logos. 5. Current schedule of fees charged by applicant or applicant’s employer for the release of all vehicles immobilized, printed on company letterhead and signed by the owner of the company. 6. Copy of the notice that will be attached to vehicles pursuant to the requirements of this chapter. 7. A comprehensive listing of any and all infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. 8. An agent upon whom service of process may be made in the state of Idaho. 9. Application fee as set forth in the fee schedule of the City Clerk's Office. 10. One (1) photograph of the applicant. Such photograph shall be two inches by two inches (2" x 2") and shall show the head and shoulders of the applicant in a clear and distinguishable manner. 11. A photocopy of applicant’s driver’s license or other government issued identification document. 12. Fingerprints, taken by the Idaho state police, of the applicant. 13. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Vehicle Immobilization license. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. Meridian City Council Meeting Agenda March 19, 2019 – Page 379 of 652 VEHICLE IMMOBILIZATION ORDINANCE PAGE 3 14. Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk. 15. Upon receipt of the findings of the chief of police or his designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian Vehicle Immobilization License to the applicant, or deny the application. Where the city clerk denies an application, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. C. Denial. The city clerk shall deny an application for a Vehicle Immobilization License where: 1. The application is incomplete; 2. The applicant is under eighteen (18) years of age; 3. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or 4. The applicant has been convicted of any of the following: a. A violation of any provision of this chapter within the five (5) years preceding the date of submission of the application. b. A violation of any local law governing vehicle immobilization within the five (5) years preceding the date of submission of the application. c. Reckless driving, eluding a police officer, or failure to carry insurance within the five (5) years preceding the date of submission of the application. d. A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application. e. Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. f. A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. g. Any crime involving, or related to, firearms or other weapons. h. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. i. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. j. Any crime involving, or related to, drugs or illicit substances. Meridian City Council Meeting Agenda March 19, 2019 – Page 380 of 652 VEHICLE IMMOBILIZATION ORDINANCE PAGE 4 k. The applicant is or at any time has been required by any law or legal order to register as a sex offender. D. License. The city of Meridian Vehicle Immobilization License shall include, on its face: 1. The name of the individual licensed to operate within the city under such license; 2. The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance. 3. Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare. E. Nontransferable. A Vehicle Immobilization License is not transferable or assignable. F. Exceptions. A city of Meridian vehicle immobilization license shall not be required for: 1. Temporary and necessary actions taken by government authorities for the emergency or public safety needs; 2. The removal of unlicensed or abandoned vehicles from a street, highway, public or private property in compliance with law; or 3. A private property owner towing an unauthorized vehicle, or having an unauthorized vehicle towed, in compliance with law. G. Revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or designee may revoke a City of Meridian Vehicle Immobilization License where: 1. The licensee violates any term or condition of the license, or any provision of this chapter or of any other local, State, or Federal law. 2. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. 3. The operation under the license varies materially from the description submitted with the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Vehicle Immobilization License application. Such revocation shall be effective fourteen (14) days after mailing by the City Clerk. H. Appeal. Appeal of the city clerk’s denial of an application for a Vehicle Immobilization License or revocation of a Vehicle Immobilization License may be made by the applicant or licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of the City Clerk’s mailing of such denial or revocation. Upon receipt of such written appeal, 1) the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days, and 2) the denial or revocation shall be stayed through city council’s issuance of written findings on such decision. Following a public hearing on the appeal, city council shall either affirm or reverse the city clerk’s action and shall issue written findings supporting such decision. If the City Council’s decision is to affirm the city clerk’s action, such decision shall be effective The city council’s decision on such appeal shall be a final decision. 3-3-3: VEHICLE IMMOBILIZATION REGULATIONS: Meridian City Council Meeting Agenda March 19, 2019 – Page 381 of 652 VEHICLE IMMOBILIZATION ORDINANCE PAGE 5 A. Tow of booted vehicle prohibited. It shall be unlawful for any person to tow or cause to be towed a vehicle that has been immobilized, unless such vehicle has been immobilized for more than twelve (12) hours. B. One release fee only. It shall be unlawful to collect more than one (1) release fee per vehicle, even if more than one vehicle immobilization device is attached to such vehicle. C. Limitation on fees. No person or entity may charge more than one hundred dollars ($100.00) for the release of an immobilized vehicle and/or the removal of a device used to immobilize a vehicle. D. Vehicle identification. All vehicles used by in the course of vehicle immobilization shall identify the licensee as the parking enforcement authority. Logos and lettering shall be visible on both sides of the vehicle, shall be at least three (3) inches in height, and shall be reflective for visibility at night. Lettering shall be of a contrasting color to the primary vehicle color to provide greater visibility. E. Carry and display license. Each Vehicle Immobilization licensee shall carry, visibly display, and present the license when engaged in vehicle immobilization, collection of money, or contact with any person. F. Immobilization devices. Any device used in the immobilization of any vehicle shall be in safe and proper working condition. G. Immobilization prohibited. Licensee shall not immobilize: 1. Any police, fire, paramedic, medical, or other emergency vehicle. Upon proof that an unmarked vehicle is used for such purpose the vehicle immobilization unit shall be removed immediately at no charge. 2. An attended or occupied vehicle without first verbally requesting the occupant remove the vehicle. 3. A delivery vehicle in service. H. Immobilization restricted. Licensee may immobilize the following, but must remain physically present, within thirty feet (30’) of the immobilized vehicle, until the vehicle immobilization device is released. Under no circumstances may Licensee attach an immobilization device to the following and leave the scene. Licensee shall release the immobilization device immediately if ordered to do so by law enforcement, fire department, or other public safety personnel. 1. A vehicle parked in a fire lane. 2. A vehicle parked in a parking spot designated for persons with a disability. Upon showing of a disabled parking placard or proof that the driver of the vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, the vehicle immobilization unit shall be removed immediately at no charge. Meridian City Council Meeting Agenda March 19, 2019 – Page 382 of 652 VEHICLE IMMOBILIZATION ORDINANCE PAGE 6 I. Notice on immobilized vehicles. Licensee must affix an easily-removed notice to the lower driver’s side window of each vehicle immobilized, notifying the owner of the vehicle of the following: 1. Name and employer of person applying the vehicle immobilization device. 2. The date, time, and reason for the immobilization. 3. The requirements necessary for the release of vehicle, including cost to release. 4. Name and telephone number of company or person to contact for the release of the vehicle. J. Response upon request for release. All vehicle immobilization licensees shall be available for response to an immobilized vehicle twenty-four (24) hours a day, seven (7) days a week. Licensees shall respond to a call for release of a vehicle within sixty (60) minutes of a request, and must remain at the facility until the immobilization device is removed, unless the vehicle owner refuses to pay the release fee. Licensee may exceed the sixty (60) minute response requirement if actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensees, employees or agents of the licensee to prove that the delay was caused by the normal operation of the business and not dilatory actions of the licensee. K. Signage required. No vehicle shall be immobilized unless a sign meeting the following specifications ordinance are posted in a clearly conspicuous location at each entrance to the property. All signs shall be: 1. Posted so that the bottom of the sign is at least thirty-six inches (36”), but no more than seventy-two inches (72”) off of the ground. 2. Of the dimension eighteen inches by twenty-four inches (18”x24”). 3. Reflective, readable, and unobstructed. 4. White with red lettering at least two (2) inches in height and shall contain all of the following information: a. PERMIT PARKING ONLY, NO PARKING ANYTIME, NO UNAUTHORIZED OR IMPROPERLY PARKED VEHICLES, or other similar prohibition. b. VIOLATORS WILL BE BOOTED AT THE OWNER’S EXPENSE c. Licensee’s name and phone number for release. d. Cost to remove vehicle immobilization device. L. Forms of payment. Licensee shall accept at least two (2) forms of payment other than cash (for example: debit card, credit card, or check). Licensee shall neither demand nor accept payment in the form of goods, services, or any non-monetary means. SECTION 3-3-4: PROHIBITED ACTS: It shall be unlawful for any person to: A. Engage in vehicle immobilization within Meridian without having first obtained a vehicle immobilization license; Meridian City Council Meeting Agenda March 19, 2019 – Page 383 of 652 B. Immobilize a vehicle for breach of a condition not stated in the signage required by this chapter; C. Charge a fee for release of an immobilized vehicle in excess of the fee stated in the signage required by this chapter; D. Fail or refuse to remove a vehicle immobilization device immediately upon payment of the authorized fee; or E. Use any device, object, barrel, boot, mechanism, or method that injures or damages a vehicle when installed, removed or while the owner or agent of the owner of the vehicle does not move or attempt to move the vehicle. F. Violate or fail to comply with any provision of this chapter. G. Damage or destroy any device, object, barrel, boot, mechanism, or method lawfully affixed to a vehicle by a Vehicle Immobilization licensee for purposes of vehicle immobilization. SECTION 3-3-5: PENALTY: Any person, individual, corporation who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. Each incident of violation shall be a separate offense and punishable as herein above described. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on May 1, 2019. PASSED by the City Council of the City of Meridian, Idaho, this Qday of 0 -yr l , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this [414'day of arm , 2019. APPROVED: °Pv�vc\ G S� Tammy d eerd, Mayor SEAL' 0,41,0 AL VEHICLE IMMOBILIZATION ORDINANCE PAGE 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19- 15 An ordinance adding a new chapter, Chapter 3, to Title 3, Meridian City Code, regarding vehicle immobilization: definitions, vehicle immobilization license, vehicle immobilization regulations, prohibited acts, and penalty; adopting a savings clause; and providing an effective date. By: C.Jay Coles, City Clerk First Reading: // 5-/ '�°l I Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading..1� �l Third Reading: / GI STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19- 1 �6 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this t'( day of 2019. CAad z- r William L.M. Nary, City Attorney VEHICLE IMMOBILIZATION ORDINANCE PAGE 8 City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 B Project File Number: H-2017-0088 Item Title: Request for Reconsideration for Linder Village By Protect Meridain Meeting Notes: �3c)rtD,v- I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Estimated Time f or P resentation: Title of I tem - Request for Reconsideration for L inder Village (H-2017-0088) by Protect M eridian C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Request f or Reconsideration B ackup Material 3/1/2019 A pplicant Response to Request f or Reconsideration Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 11:45 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 386 of 652 CARROLL LAW PLLC REQUEST FOR RECONSIDERATION TO: City of Meridian, Mayor and City Council Members FROM: Andrea D. Carroll, "Protect Meridian" DATE: February 19, 2019 RE: Linder Village (H-2017-0088) This Request for Reconsideration is submitted on behalf of my clients, a coalition of Meridian residents who have informally organized as "Protect Meridian." Specific individuals have joined in this and other requests for reconsideration to preserve their ability to appeal the City of Meridian's approval through a judicial review, including: Greg Reynolds Lori Badigian Jonathan M. Kahnoski Sally Reynolds Barbara Badigian Betsy M. Kahnoski Jeffrey Badigian Leonard Badigian I. Variance Criteria At the City Council hearing that occurred on January 15, 2019, the City for the first time articulated a legal argument that an access point on Chinden could be approved through any other means other than the variance permit. The neighbors who participated in the hearing, including those listed above, relied on the sufficiency of the public notice, the staff report, and other documents in the record as representing a complete summary for the basis of the application permits. The findings themselves are vague and unspecific with regard to an articulation of an undue hardship tied to the physical characteristics of the site rather than the applicant's intended use. To the extent the City has relied on its interpretation of the Unified Development Code (U.D.C.) § 11-314-3 as a basis to approve direct access to Chinden without a variance, such interpretation of city ordinance is inconsistent and outside the authority granted to the City under Idaho Code § 67-6516. II. Findings Insufficient with LLUPA and Due Process Requirements Idaho Code requires a land use body to adopt Findings of Fact and Conclusions of Law and should also include: A] reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record. Idaho Code § 67-6535(2). ANDREA D. CARROLL RO.BOX 2006 • BOISE IDAHO 83701 • ADC@IDAHOPROPERTYLAW.COM (208) 949-9670 Meridian City Council Meeting Agenda March 19, 2019 – Page 387 of 652 The City of Meridian's findings are conclusory and do not explain the factual basis in the record to support each of the City's legal conclusions. The approved findings do not demonstrate compliance with the applicable legal principles and do not acknowledge the resolution of factual disputes or other legal issues raised throughout the public hearing process. The findings do not provide the neighbors an opportunity to examine the basis of the decision reached by the City Council in any meaningful way. Furthermore, the findings are insufficient for a Court to evaluate whether the City Council followed the appropriate standards, ordinances, statutes, and constitutional principles in reaching its decision. III. Conditional Use Permit Required Pursuant to Meridian City Code, the applicant is required to obtain a Conditional Use Permit (CUP) to operate a 24-hour store: Business hours of operation within the C -C and C -G districts shall be limitedfrom six o'clock (6.•00) A.M. to eleven o'clock (11: 00) P.M. when the property abuts a residential use or district. Extended hours of operation in the C -C and C -G districts may be requested through a conditional use permit.' Meridian City Code provides the following definitions for the Unified Development Code: ABUT or ABUTTING: Having a common border with the subject property. PROPERTY.- A "lot" or "parcel" as defined herein. PARCEL: A tract of unplatted land or contiguous unplatted land held in single ownership, considered a unit for purposes of development.2 At the public hearing on November 21, 2017, City staff explained that the applicant did not apply for a CUP because the WinCo store will not "abut" residential property after the final plat is subdivided. However, this interpretation of the ordinance is inconsistent with the definition of "property" as a "parcel" of "unplatted land." These explicit definitions contained in the zoning ordinance cannot be ignored -- the provisions must be construed together. Using these definitions, if the unplatted parcel has a common border with a residential use, then a CUP is required. Approving this application without considering the required CUP findings is a violation of a plain language reading of Meridian's ordinance. Permission to operate at all hours cannot be provided for as a term of the development agreement, either. Doing so would be inconsistent with Idaho Code.' I U.D.C. § 11-213-3.A.4 (emphasis added). 2 U.D.C. § 11-1A-1 (emphasis added). s The proposed conditional use cannot be granted through a development agreement, as doing so would be outside the City's statutory authority. See Idaho Code § 67-6511 A. A city may use a development agreement when zoning a property to require "additional" commitments from an applicant with regard to the use and development of a property, but LLUPA does not provide the City authority to grant additional uses or special privileges beyond what is ordinarily allowed in the assigned zone through a development agreement. REQUEST FOR RECONSIDERATION OF LINDER VILLAGE (H-2017-0088) Page 2 Meridian City Council Meeting Agenda March 19, 2019 – Page 388 of 652 IV. Conclusion The above articulated deficiencies should not be interpreted as an exclusive list of issues for judicial review. While this request represents a good -faith effort to identify the potential procedural and legal errors that could be a basis for a petition for judicial review, this request is required by statute in a short time frame and the process is not conducive to a more in-depth legal analysis. Additional issues may be articulated in a petition for judicial review filed with the district court. The above issues present a sufficient basis for the City of Meridian to reconsider its decision in the form of a new hearing or revised findings that accurately reflect the City's findings based on the record. REQUEST FOR RECONSIDERATION OF LINDER VILLAGE (H-2017-0088) Page 3Meridian City Council Meeting Agenda March 19, 2019 – Page 389 of 652 1 Charlene Way From:Sonya Allen Sent:Friday, February 22, 2019 3:20 PM To:Andrea Carroll Cc:Bill Nary; Caleb Hood; Bill Parsons; Cameron Arial; C.Jay Coles; Charlene Way; Chris Johnson Subject:Linder Village - Protect Meridian - Request for Reconsideration Attachments:Linder Village Req for Reconsideration.pdf Hi Andrea, The City has received your request for reconsideration and it will be reviewed by the City Attorney to determine if it meets the requirement of identifying specific deficiencies in the land use decision as required by MCC 1-7-10 Procedure for Request for Reconsideration. If it’s determined that it does meet the requirement, the request will be scheduled to be heard at a regularly scheduled City Council meeting; notice of the meeting will be provided to you. No additional evidence or testimony will be allowed at the City Council meeting. The Council will consider the request and may affirm, reverse, or modify its decision after compliance with the applicable procedural standards. If necessary, the Council may direct a new public hearing and all the procedures and notices that are necessary will be done prior to a new public hearing. A written decision will be provided to you within 60 days of the request. If you have further questions on the request for reconsideration process, please contact Bill Nary, City Attorney. Thank you, Sonya Allen From: Andrea Carroll <adc@idahopropertylaw.com> Sent: Tuesday, February 19, 2019 12:19 PM To: Sonya Allen <sallen@meridiancity.org> Cc: C.Jay Coles <cjcoles@meridiancity.org>; Bill Nary <bnary@meridiancity.org> Subject: Protect Meridian - Request for Reconsideration Sonya, I am attaching a Request for Reconsideration on behalf of Protect Meridian. I am also aware of other requests for reconsideration that will be submitted today. My clients and I encourage the Meridian City Council to consider a rehearing based on all of the worthy bases articulated by other community members, as well. Thank you, Andrea Carroll Attorney at Law Carroll Law, PLLC 208) 949-9670 idahopropertylaw.com Meridian City Council Meeting Agenda March 19, 2019 – Page 390 of 652 1 Charlene Way From:Tina Shull <TShull@hawleytroxell.com> Sent:Tuesday, March 12, 2019 2:53 PM To:Meridian City Clerk Cc:Bill Nary; Ken Howell; Brian Ballard Subject:Linder Village – AZ PP, VAR (H-2017-0088) / Applicant Response to Requests for Reconsideration [IWOV-IMANAGE.FID657957] Attachments:11776362_1_2019.03.12 Response to Requests for Reconsideration.PDF Please see attached response to the Requests for Reconsideration submitted February 19, 2019. Thank you. TINA SHULL Legal Assistant to Kenneth C. Howell, Richard G. Smith, Brian Ballard, Cydni Waldner, Dana Hofstetter and Andrea J. Rosholt direct 208-388-4839 fax 208-954-5264 email tshull@hawleytroxell.com HAWLEY TROXELL Attorneys and Counselors This e-mail message from the law firm of Hawley Troxell Ennis & Hawley, LLP is intended only for named recipients. It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately at 208.344.6000 if you have received this message in error, and delete the message. Please consider the environment before printing this email. Meridian City Council Meeting Agenda March 19, 2019 – Page 391 of 652 HAWLEY. TROXELL BRIAN L. BALLARD ADMITTED TO PRACTICE LAW IN IDAHO EMAIL: BBALLARDQHAWLEYTROXELL.COM DIRECT DIAL: 208.388.4868 DIRECT FAX: 208.954.5203 March 12, 2019 VIA EMAIL City of Meridian Mayor and City Council Members 33 East Broadway Avenue Suite 300 Meridian, ID 83642 RE: Linder Village — AZ PP, VAR (H-2017-0088) Applicant Response to Requests for Reconsideration Dear Mayor and Council Members: A.7117170RN:H,YS AND COUNS:EI,ORS Hawley Troxell Ennis & Hawley LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 208.344.6000 www.hawleytroxell.com Applicant provides this response to the Requests for Reconsideration submitted February 19, 2019) by (i) Andrea Carroll on behalf of a coalition organized as "Protect Meridian" and (ii) individuals under the signature line byname "Neighbors for a Better Linder Village" ("NBLV") individually, "Requestor" and collectively "Requestors"). It is the positon of Applicant that the Findings of Fact and Conclusions of Law and Order Findings") (which include the Staff Report attached and incorporated): i) provide the written reasoned statement required under Idaho Code § 67-6535; ii) explain the criteria and standards considered relevant; iii) state the relevant contested facts relied upon; iv) explain the rationale for the decision based on the applicable provisions of the Comprehensive Plan, the Unified Development Code ("UDC"), other relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record; and 1- 42795.0012.11735354.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 392 of 652 March 12, 2019 Page 2 v) set forth a decision of the City Council founded upon sound reason and practical application of recognized principles of law. Applicant addresses each of the Requests, using the same headings as appear in each of the Requests, in order, as follows: REQUEST #1 - SUBMITTED BY PROTECT MERIDIAN (ANDREA CARROLL) I. Variance Criteria Early on, Applicant submitted into the record specific and precise reference to UDC § I I - 3H-3 and the authorization given thereunder for the City Council to "consider and apply modifications to the standards of this article upon specific recommendation of the Idaho transportation department." Applicant also made recommendations of findings and conclusions, with specific reference to UDC § I1-31-1-3 and its importance in consideration of the variance under UDC § 11-513-4. Applicant Position Statement and Supplemental Letters, dated October 191 2017, and November 14, 2017. UDC § 11-31-1-3 gives the City Council the specific authority to modify its standards for highway access based upon an ITD recommendation, which the Council may do as it deems appropriate, including modifying its standards to take note of an ITD recommendation and/or to determine that, in light of that recommendation, a variance is not necessary. ITD made its recommendation. The City Council then took two actions: First, the Council granted the variance. In doing so, the Council set forth in its findings and conclusions the specific reasoning for granting the variance, as clearly appears in the incorporated Staff Report. The Council specifically articulated the required findings, the facts used, and the conclusions reached - all in precise alignment with Idaho Code § 67- 6516 and UDC § 11-513-4. Second, the "City Council also found that under UDC 11-31-1-3, even without approval of a Variance for access to SH 2O-26, access can be granted upon specific recommendation of the Idaho Transportation Department. Either way, Council approval of the access was found to be appropriate for this development and was approved." Staff Report, page 27. II. Findings Insufficient with LLUPA and Due Process Requirements. Insufficiency Idaho Code § 67-6535(2)(b) specifically provides that (i) before an affected person may seek judicial review, that person must first seek reconsideration of the final decision within 14 days, (ii) the request must be in writing, and (iii) the written request "must identify specific 2- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 393 of 652 March 12, 2019 Page 3 deficiencies in the decision" (emphasis added). Further, UDC 1-7-10 emphasizes that Idaho Code 67-6535 must be strictly followed. Requestor broadly and generally asserts only that the Council's "findings are conclusory and do not explain the factual basis." Requestor does not identify with any specificity the deficiencies in any of the criteria, standards, facts and rationale as set forth in the decision. Rather, Requestor relies only on its general and nonspecific allegations, and concludes by saying that the Request is "a good -faith effort to identify the potential procedural and legal error that could be the basis for judicial review..." Protect Meridian Request for Consideration, page 3 emphasis added). A request for reconsideration is a statutorily narrow reconsideration of the clarity of criteria, standards, facts and rationale applied in a decision, and its focus is upon specifically identified deficiencies in the decision. It is Applicant's position that the decision of the City Council as expressed in writing in the Findings (including the incorporated Staff Report), does, in fact, comprise the "reasoned statement" required by Idaho Code § 67-6535, and adequately and sufficiently explains the criteria, sets out the relevant facts and explains the rationale for the decision. Due Process Whereas specific deficiencies in the decision may be identified in a request for reconsideration, Idaho Code § 67-6535 (2)(b) specifically restricts itself to "compliance with the provisions of this section" I.C. § 67-6535 (emphasis added); I.C. § 67-6535 does not expand what may be included in a request for consideration beyond that. Procedural and due process constitutional issues unrelated to "specific deficiencies in the decision" are beyond the scope of what is statutorily permissible to assert in a request for reconsideration. III. Conditional Use Permit Required. The City Council set forth in clear manner the following: "The property as -is without being subdivided, currently abuts residential use and zoning at the south boundary of the site. However, when the property is subdivided as proposed, it will not abut a residential district or use; therefore, hours of operation shouldn't be restricted." Staff Report, page 18 (emphasis added). Requestor cites no authority that would require that the property be subdivided before the City Council may apply UDC 11 -213-3.A.4. 3- 42795.0012.11735354.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 394 of 652 March 12, 2019 Page 4 REQUEST #2 - SUBMITTED BY NBLV I. Unclear and Undocumented Rationale of Findings It is Applicant's position that the Findings, including the Staff Report, comprise the reasoned statement required by Idaho Code § 67-6535(2) and provide the relevant criteria and standards, the relevant contested facts, and adequately explain the rationale and reasons for the decision as required under Idaho Code §§ 67-6519 and 67-6535. The incorporated Staff Report, among other things, is an exhaustive recounting of (i) the criteria and standards applied and how the same have been addressed, and (ii) the relevant policies and goals of the Comprehensive Plan and how the same have been addressed. The two examples offered by Requestor, upon closer examination of the record, do not stand up to scrutiny: 1. With respect to the item mentioned in Request #2, concerning deletion of the requirement that some live/work units be constructed in the first phase, Councilman Palmer clarified with counsel for Applicant that the basis for requiring same was sound buffering, and that such was no longer an issue, as construction of in the first phase would have "no bearing on the sound issues." (Council Minutes, page 74 of 102) Further, Councilman Palmer was clear in making his first motion that it included "not requiring in that first phase that live -work - the live work structures be built" (Council Minutes, page 86 of 102), and he was also clear in his final motion that it included all of his "previous findings and motion details". (Council Minutes, page 96 of 102) 2. As regards the matter of traffic calming, the Staff Report clearly provides that the same would be required and that Applicant would have to work with ACRD on "traffic calming measures" (Staff Report, pages 4 and 14). The Minutes clearly reflect that when Staff Planner Hood asked the Mayor if traffic calming was to be included in the motion, Mayor De Weerd unequivocally replied, "Yes." (Council Minutes. Page 88 of 102) II. Findings for Annexation The Council made the findings required by UDC § 11-513-3E. This is conceded by Requestor. See Request #2, page 3. The record discloses that these findings were more than just mere recitations, however. The incorporated Staff Report identifies the standards and criteria considered relevant by the Council in making its decision, as set forth not only on page 50 of the Findings, but also throughout the Staff Report. The Staff Report itself goes into detail regarding compliance and noncompliance with the requirements of UDC § 11-513-3. The result is the conclusion reached that the Application was in sufficient compliance, including sufficient compliance with applicable provisions of the Comprehensive Plan, which, it must be remembered, is not a mandatory regulation, but is a guide only that does not supersede the 4- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 395 of 652 March 12, 2019 Page 5 decision making authority of the Council. See Applicant Position Statement and Supplemental Letter, dated October 19, 2017. Requestor refers to certain comments/reports in support of its position. For example, Requestor cites a "Sound Study" regarding loading dock noise. The "Sound Study" is identified in the record as the "Winco Chinden Noise Analysis", dated October 31, 2018, and entered into the record on November 15, 2018. Requestor mentions "loading dock noise." What Requestor fails to mention is that (i) the noise was observed at another Winco store; (ii) the adjusted noise level numbers included "the considerable barrier effect of the store's southwest corner and the newly increased distance to homes"; and (iii) there would be an "8 foot high screen around the trash compactor" which would act as a "very effective very tall noise barrier for homes to the west and south." Winco Chinden Noise Analysis, Mullins Acoustics, 10/31/2018, pp. 4-5. Requestor also fails to mention the ultimate conclusion of the Noise Analysis: Since the predicted noises associated with the store will be at least 8 decibels below typical ambient noises, we conclude that there will be no adverse noise impact on the nearby homes. Most store noises will be inaudible versus the ambient conditions." Winco Chinden Noise Analysis, page 2. Accordingly, the Findings, as a whole, evidence that the Council made a decision that includes a reasoned statement that (i) explains the relevant criteria and standards, (ii) states the relevant facts, and (iii) explains the rationale for its decision, as based on applicable ordinances and statutes, pertinent constitutional principles, factual information contained in the record (e.g., the Winco Chinden Noise Analysis), and applicable provisions of the Comprehensive Plan in a manner consistent with Idaho Code § 67-6535. III. Public Hearing Process 1. As discussed earlier in this Response, the issue of an alleged due process violation in the public hearing process is a constitutional issue separate and apart from the identification of specific deficiencies in the decision, and is beyond the scope of that which may be properly considered in a request for reconsideration under Idaho Code § 67-6535 and UDC 1-7-10. 2. UDC § 1-7-10-A.6 provides: "No additional evidence or testimony will be allowed at the City Council meeting." To the extent Request 42 would seek to interject (i) additional comments and arguments regarding items that have been closed upon the record, (ii) procedural issues not related to a specific deficiency in the decision, and (iii) additional testimony and evidence, Petitioner respectfully objects. 5- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 396 of 652 March 12, 2019 Page 6 Conclusion to this Response Applicant requests that City Council deny both Requests for Reconsideration for the following reasons: 1. Requestors had a full and fair opportunity to participate in all P&Z and City Council hearings and supplement the record before it was closed; in fact, Requestors did so participate in all P&Z and City Council hearing. 2. Requestors do not identify deficiencies in the decision with the mandatory specificity required so as to warrant reconsideration; they lodge only a barrage of nonspecific general complaints. 3. Requestors seek to introduce inapplicable matters not authorized for reconsideration under Idaho Code § 67-6535 and/or not allowed for consideration at the meeting under UDC § 1-7-10-A.6. Thank you for your consideration of this Response. Very truly yours, HAWLEY TROXELL ENNIS & HAWLEY LLP Brian L. Ballard 6- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 397 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 C Project File Number: H-2017-0088 Item Title: Request for reconsideration for Linder Village By neighbors for a Better Linder Village Meeting Notes: �e �be4l- I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Estimated Time f or P resentation: Title of I tem - Request for Reconsideration for L inder Village (H-2017-0088) by Neighbors for a B etter L inder Village C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Request f or Reconsideration B ackup Material 3/1/2019 A pplicant Response to Request f or Reconsideration Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/14/2019 - 11:45 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 398 of 652 2/19/2019 2019 Linder Village Request for Reconsidertion - Google Docs https://docs.google.com/document/d/1Kn2apckPrCodR368SKlGP4oDTomYBI1DDjlcAELy3Kg/edit 1/6 REQUEST FOR RECONSIDERATION February 19, 2019 VIA EMAIL: cityclerk@meridiancity.org City of Meridian/City Council 33 W. Broadway St. Meridian, ID 83642 RE: Linder Village AZ CPAM PP VAR H-2017-0088 Dear Mayor de Weerd and Members of City Council, As neighbors of Linder Village, we respectfully request reconsideration of the City Council’s January 15, 2019, approval of the Request for Annexation and Zoning for 81.51 acres of land from the RUT Zoning District in Ada County to the C-C (63.8 acres) and R-8 (17.71 acres) Zoning District in the City, also referred to as Case No. H-2017-0088 . This request for reconsideration is made pursuant to Idaho Code § 67-6535, the Idaho Local Land Use Planning Act (“LLUPA,” codified as Idaho Code Title 67, Chapter 65), and Meridian City Code § 1-7-10 entitled, “ Procedure for Request for Reconsideration”). Pursuant to Idaho Code § 67-6535 and Meridian City Code § 1-7-10.A.2., this request is made in writing, is filed with the City Clerk, identifies specific deficiencies in the decision for which reconsideration is sought, and is made within fourteen (14) days of the “final approval” of the above-referenced application. The specific deficiencies for which reconsideration is sought are: 1) The city council’s final approved motion was unclear and the written findings do not clarify, explain, or document the rationale for the decision made based on the comprehensive plan and relevant provisions of city code; 2) The findings necessary to approve annexation do not explain how the application complied with the decision-making criteria, or if it did not, why the finding was still made in light of conflicting information; 3) The public hearing process was not impartial. I. Unclear and Undocumented Rationale of Findings City Code 11-5A-6 states , “The decision making body (see section 11-5A-2, table 11-5A-2 of this article) shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision reached.” Idaho Code § 67-6535 states, “ The approval or denial of any application required or authorized pursuant to this chapter shall be in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the Meridian City Council Meeting Agenda March 19, 2019 – Page 399 of 652 2/19/2019 2019 Linder Village Request for Reconsidertion - Google Docs https://docs.google.com/document/d/1Kn2apckPrCodR368SKlGP4oDTomYBI1DDjlcAELy3Kg/edit 2/6 comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record .” (emphasis added) The Final Findings, approved by City Council on February 5, 2019, incorporates the Staff Report for the hearing date of January 15, 2019 by reference to provide the findings of fact for the Hearing Facts, Process Facts, Application and Property Facts, and Required Findings per the Unified Development Code. While this document lists factual information from the application and a summary of issues discussed at the hearing, it does not explain the “rationale for the decision” made in a clear and deliberate manner in which a regular person, reading the findings, could understand the reasoning used to approve this application. The statement should, at a minimum, explain what facts were relied upon and the rationale used when making major decisions. For example, on p.3 of the referenced Staff Report, it states that the Planning and Zoning Commission suggested a change to the Staff Recommendations. The P&Z Commission recommended that the city council, “Add a requirement for some of the multi-story office live/work units south of Winco to be constructed with the first phase of development.” On page 4, under Key Council Changes to Commission Recommendation, item i states, “Strike Development Agreement (DA) provision #1.1q that requires some of the live/work structures to be constructed in the first phase of development.” No rationale is provided for this decision. Even IF the minutes of the January 15th City Council meeting were incorporated, there is no city council discussion concerning this P&Z Recommendation. It is only referenced by the developer as a request that they not be required to build them and then in the first motion made by Ty Palmer, which failed to pass. It is unclear whether the substitute motion, which eventually approved the application, also incorporated the part of the previous motion related to the live/work units by reference, or if it merely incorporated the motion and findings in regard to the U.S. 20/26 access variance. The final approved motion, which was a substitute motion made by Councilmember Ty Palmer, based on the first failed motion, did not clearly state what items from the first motion were included with this final, substitute motion. When the original motion was made, Mr. Nary, the city attorney, needed to clarify that the renderings in the application were sufficient for the development agreement and that the alternative access through the property would also be included in the motion (p.86 of 102). Mr. Hood, staff planner, also needed to clarify if the motion included “some sort of traffic calming on Bacall and Bergman” (p88 of 102). Again, the findings of fact do not reference the hearing minutes, but if one were to read the motion that was eventually approved, it is very unclear what the actual motion contained. II. Findings for Annexation Idaho Code § 67-6535 further states that, “ 2 (a) Failure to identify the nature of compliance or noncompliance with express approval standards or failure to explain compliance or noncompliance with relevant decision criteria shall be grounds for invalidation of an approved permit or site-specific authorization, or denial of same, on appeal.” (emphasis added) Meridian City Council Meeting Agenda March 19, 2019 – Page 400 of 652 2/19/2019 2019 Linder Village Request for Reconsidertion - Google Docs https://docs.google.com/document/d/1Kn2apckPrCodR368SKlGP4oDTomYBI1DDjlcAELy3Kg/edit 3/6 City Code 11-5B-3E states: “Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and 5. The annexation (as applicable) is in the best interest of city.” On page 50 of the findings, it states the city makes these findings, but does not explain how two of these findings were made considering conflicting information. For example, what facts/decision criteria did the council use to determine that the “map amendment complies with the applicable provisions of the comprehensive plan”? Section VII referenced in the findings states: “Staff is generally in favor of the plan although it doesn’t entirely comply with the design elements preferred in MU-C designated areas.” Staff notes, “The proposed residential area is approximately 7 acres less than depicted on the FLUM for the MDR designated area” (Staff Report, p13). Staff also states that the development does not follow the MU-C design as listed on pages 27 and 28 of the comprehensive plan. While there is a plaza, the layout is not designed around a central area or similar to what the comprehensive plan suggests (Staff Report, p7). Finally, three of the development’s buildings exceed the 30,000sf maximum footprint allowed in an MU-C designated area. This was a major cause of concern for the public. In fact, in a letter dated January 7, 2019, Joe Marshall wrote to the city council, “A question comes to mind on which I think everyone would appreciate some clarification. Does this 1 to 1 increase apply to a single building or multiple buildings in the same development?” (Referring to the fact that buildings may be allowed a larger footprint if more open space is provided). Not only did council not clarify it or discuss it, the open space calculations were updated mere hours before the city council hearing and the staff report was quickly revised to reflect it. Furthermore, while the staff report lists goals of the comprehensive plan and UDC that the application meets, it does not include goals where the application does not comply and therefore the city did not address these areas. For example, Meridian City Code 11-3A-19(2) states a development should be designed: “ To facilitate the efficient movement of traffic into, out of, and through a site, protect pedestrian and bicycle users, establish an aesthetically consistent street presence and limit the visual impacts of large parking areas on a site .” City Goal 2.01.02D: “Use the Comprehensive Plan, the Unified Development Code, and the Architectural Standards Manual to discourage strip development .” Meridian City Council Meeting Agenda March 19, 2019 – Page 401 of 652 2/19/2019 2019 Linder Village Request for Reconsidertion - Google Docs https://docs.google.com/document/d/1Kn2apckPrCodR368SKlGP4oDTomYBI1DDjlcAELy3Kg/edit 4/6 City Goal 2.01.03G: “Require new development to construct monument signs , consistent with the Welcome to Meridian signage plan. “ City Goal 2.01.03J: “Provide landscaping, pedestrian friendly areas, and appropriate signage at gateways , and new development sites throughout town as appropriate, with upscale attractive construction” City Goal 2.01.04B :” Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques.” City Goal 2.01.04I: “Encourage new development to enhance the visual quality of its surroundings.” In City Code 11-5B-3E, finding 3 states the city council must also find that, “ The map amendment shall not be materially detrimental to the public health, safety, and welfare.” The staff report stated that, “Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare...Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding.” After the staff report was released, several agency comments/reports addressing issues public health and safety were submitted, including: A Sound Study, regarding loading dock noise: “We observed a number of semi -trucks and smaller straight trucks making deliveries, noises from forklifts and roll -up doors at the rear of semi -trailers, noises from hydraulic equipment presumably cardboard compactors, lift gates, and forklifts), and some noises from rolling delivery carts while unloading smaller trucks.” – Mullins Acoustics, Noise Analysis, p4 The Meridian PD: “The applicant shall make every attempt to mitigate sound, odor, light, debris and litter from encroachment upon the surrounding neighborhoods. This would include following all UDC' s requirements in light shielding, noise containment with walls and location of trash containers. In addition, limiting deliveries times as much as possible. “ – Meridian Police Department, p1 The Meridian FD: “The Fire Department is against the traffic signal in front of station 5. The signal will cause too much congestion with the operations of the engine company trying to leave the station and respond to calls. “ – Meridian Fire Department, p1 There are 575+ children ages K-5th grade in this square mile in a walk zone (Eric Exline, West Ada School District). The public voiced concerns that ACHD is not requiring any crosswalks to be constructed with the collector road (ACHD Report, p14). Considering the large amount of children in this square mile, no crosswalks and potentially no sidewalks from the existing subdivision to the development pose a definite public safety risk. Meridian City Council Meeting Agenda March 19, 2019 – Page 402 of 652 2/19/2019 2019 Linder Village Request for Reconsidertion - Google Docs https://docs.google.com/document/d/1Kn2apckPrCodR368SKlGP4oDTomYBI1DDjlcAELy3Kg/edit 5/6 III. Public Hearing Process Idaho Code § 67-6535 states, “(3) It is the intent of the legislature that decisions made pursuant to this chapter should be founded upon sound reason and practical application of recognized principles of law . In reviewing such decisions, the courts of the state are directed to consider the proceedings as a whole and to evaluate the adequacy of procedures and resultant decisions in light of practical considerations with an emphasis on fundamental fairness and the essentials of reasoned decision making . Only those whose challenge to a decision demonstrates actual harm or violation of fundamental rights, not the mere possibility thereof, shall be entitled to a remedy or reversal of a decision.” As a matter of fundamental fairness, when the public hearing was opened a second time, the public should have been asked if they wanted to testify. This procedure was followed in a city council meeting April 3, 2018 when a public hearing was opened for a second time on the same application. However, at the January 15th hearing of this application, the public was not allowed to testify. After the first motion failed, the public hearing was opened again and the applicant was called up to testify. During this time, no members of the public were asked if they would like to add to public testimony, clarify prior testimony, or respond to the applicant’s statements in the rebuttal. One member of the public had a hand raised and the city council member who closed the public hearing looked directly at the member of the public and closed the public hearing anyway. Members of the public had several key points for the council to consider, given all the new statements by the applicant. For example, one council member asked where the traffic count numbers originated from, specifically asking about 20,000 and 30,000 vehicles trips per day in Phase One and Phase Two. The applicant called up their traffic firm to quote traffic numbers (which were 10,000 trips lower), but did not disclose that the 20,000 and 30,000 vehicle trips per day were from the ACHD report (ACHD Report, p3). Secondly, the applicant maintained that the Winco Store in Arlington, Texas had limited delivery hours due to the area previously being zoned that way. However, the public maintains that the application was for a rezone and Winco did agree to limit delivery hours, as to lessen the impact to neighbors. From the Arlington Star-Telegram: “The council did add stipulations about the store’s [Winco} appearance and restrictions on its truck deliveries. To reduce noise for homes along nearby Bardin Road, the city has asked WinCo Foods not to schedule deliveries during the early morning. One of the concerns the residents had raised was about truck traffic and the delivery of equipment and goods at all hours of the night, which would not be unexpected for a 24-hour store,’ said Jim Parajon, director of community development and planning. ‘Our City Council included a condition that restricts the delivery hours to avoid the midnight-to-6 a.m. time period, when most of our residents would be sleeping.’ The city is also requiring the company to plant landscaping to beautify the large parking lot as Meridian City Council Meeting Agenda March 19, 2019 – Page 403 of 652 2/19/2019 2019 Linder Village Request for Reconsidertion - Google Docs https://docs.google.com/document/d/1Kn2apckPrCodR368SKlGP4oDTomYBI1DDjlcAELy3Kg/edit 6/6 well as add benches and a bike rack, which Parajon said are examples of “enhancements so people who are shopping can enjoy the environment.” (Nov 14, 2014) Finally, the applicant continued to maintain that a Conditional Use Permit was not required for 24/7 operations. However, City Code 11-2B-3(4) states, “Business hours of operation within the C-C and C-G Districts shall be limited from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries.” This piece of land, as being annexed does abut a residential use and therefore the 24/7 deliveries should be restricted in the absence of a CUP. The public also wanted to address the building elevation and other minor development agreement items, which were being discussed towards the end, but were not included with the motion, such as: Requiring a sidewalk to be built along Bergman road, if it connected in Phase One. Installing “No trucks allowed” signage in Paramount for construction and delivery vehicles Request wider walkways by Winco and bike racks Request a change in the naming of the subdivision Ensure the Meridian gateway feature (if built), will be rebuilt if destroyed when Chinden is widened Request specific landscaping language in the DA for the unique 40’ easement that has planting restrictions on the southern boundary of the property In conclusion, as residents directly impacted by this application, we respectfully request that this decision be reconsidered, the motion be clarified, and the findings explained in the context of the UDC and Comprehensive Plan. This request for reconsideration is not a comprehensive list of objections, basis for reconsideration, or grounds for reversal on judicial review. Pursuant to Idaho Code § 67-6535(3), we respectfully reserve the right to supplement and augment this request for reconsideration, and to include additional facts, issues, and arguments in our forthcoming Petition for Judicial Review (assuming the City fails to reconsider its grounds of approval). Respectfully, Neighbors for a Better Linder Village Please see following pages for names and addresses of petitioners. Meridian City Council Meeting Agenda March 19, 2019 – Page 404 of 652 REQUEST FOR RECONSIDERATION OF H-2017-0088 Jerry Fails 6125 N Demille Ave Meridian Idaho 83646 United States I agree 2019-02-19 14:40:50 Danae Fails 6125 N Demille Ave Meridian ID 83646 United States I agree 2019-02-19 14:40:29 JOANN CURTIS 160 W. Heston Drive Meridian Idaho 83646 United States I agree 2019-02-19 13:30:41 fred smith 5987 n bolsena ave meridian id 83646 United States I agree 2019-02-19 12:29:41 David McKinney 1225 West Bacall Street Meridian ID 83646 United States I agree 2019-02-19 12:09:40 Wendy McKinney 1225 West Bacall Street Meridian Idaho 83646 United States I agree 2019-02-19 12:09:12 Lacey Averett 593 w valentino st Meridian ID 83646 United States I agree 2019-02-19 11:58:23 Travis Averett 593 W Valentino St Meridian ID 83646-5317 United States I agree 2019-02-19 11:57:57 Sue Fillman 6156 N Spurwing Way Meridian ID 83646 United States I agree 2019-02-19 11:25:12 Judith Roofener 5840 N Cougar Flat Ave Meridian IDAHO 83646 United States I agree 2019-02-19 11:17:07 Chad Woolner 4272 W. Bolton Dr.Eagle ID 83616 United States I agree 2019-02-19 10:56:12 Amber Woolner 4272 W. Bolton Drive Eagle Idaho 83616 United States I agree 2019-02-19 10:42:07 Daniel Proudfoot 6005 N Booth Ave Meridian ID 83646 United States I agree 2019-02-19 10:36:35 Ilene Proudfoot 6005 N Booth Ave Meridian ID 83646 United States I agree 2019-02-19 10:35:45 Ryan Tolley 472 W. Dreyfuss Ln Meridian ID 83646 United States I agree 2019-02-19 10:22:23 Camille Caldwell 472 W. Dreyfuss ln Meridian ID 83646 United States I agree 2019-02-19 10:21:25 Justin Carpenter 5991 N Arliss Ave Meridian Idaho 83646 United States I agree 2019-02-19 10:00:31 Kelly Carpenter 5991 N Arliss Ave Meridian Idaho 83646 United States I agree 2019-02-19 09:59:11 Chris Thorp 1301 W Legarreta Dr Meridian ID 83646 United States I agree 2019-02-19 09:51:29 Rick Burke 6092 N SANTA RITA AVE MERIDIAN ID 83646-6554 United States I agree 2019-02-19 09:42:05 Joshua Lane 1200 W Hitchcock St Meridian ID 83646 United States I agree 2019-02-19 09:37:53 Jennifer A Pedrali 555 W Laughton Dr Meridian ID 83646 United States I agree 2019-02-19 09:31:33 Gary Walker 6856 not topaz jewel pl MERIDIAN ID 83646 United States I agree 2019-02-19 08:38:47 Helene Thompson 6586 N Lonicera Way Meridian Idaho 83646 United States I agree 2019-02-19 08:11:29 Jon Kurz 5881 N Arliss ave Meridian ID 83646 United States I agree 2019-02-19 08:10:58 Rochelle Kurz 5881 N Arliss ave Meridian ID 83646 United States I agree 2019-02-19 08:09:34 Javonna Strafuss 5977 N Demille Ave Meridian ID 83646 United States I agree 2019-02-19 04:40:57 Ron Norton 1350 W Legarreta Dr Meridian Id 83646 United States I agree 2019-02-19 04:14:19 Korey Hall 5719 N Arliss Ave Meridian Idaho 83646 United States I agree 2019-02-19 01:50:06 Bruce Penske 998 W. Bacall St.Meridian ID 83646 United States I agree 2019-02-19 01:35:23 Jamie Jacobsen 403 W BRODERICK DR MERIDIAN ID 83646 United States I agree 2019-02-19 01:32:59 Melodee Norton 1350 W Legarreta Dr Meridian ID 83646 United States I agree 2019-02-19 01:24:15 Ann Penske 998 W BACALL ST MERIDIAN ID 83646-6385 United States I agree 2019-02-19 01:13:20 Weston Hepner 584 W Dreyfuss St Meridian ID 83646 United States I agree 2019-02-19 01:05:32 Brian Willkie 405 W Gable St Meridian ID 83646 United States I agree 2019-02-19 01:02:28 Meridian City Council Meeting Agenda March 19, 2019 – Page 405 of 652 Kathy Willkie 405 W Gable St Meridian ID 83646 United States I agree 2019-02-19 01:01:52 Michelle Craig 337 W. Redgrave Dr.Meridian ID 83646 United States I agree 2019-02-19 00:56:58 Alicia Muhlestein 584 W Dreyfuss St Meridian Idaho 83646 United States I agree 2019-02-19 00:52:34 Cameron Peters 1114 w Bacall st Meridian Isahi 83646 United States I agree 2019-02-19 00:48:16 Lucas Nugent 1088 W Bacall St Meridian ID 83646 United States I agree 2019-02-19 00:47:31 McKenzie Petets 1114 w Bacall st Meridian Idaho 83646 United States I agree 2019-02-19 00:47:11 Sheila Nielson 2587 N Silverleaf Way Meridian ID 83646 United States I agree 2019-02-19 00:45:27 Alison Messersmith 5350 N Borgnine Ave Meridian ID 83646 United States I agree 2019-02-19 00:26:40 Kristina McGuire United States I agree 2019-02-18 23:49:18 Brad Shreeve 477 W. Dreyfuss Ln.Meridian IDAHO 83646 United States I agree 2019-02-18 23:26:00 Natalie Shreeve 477 W. Dreyfuss Ln.Meridian IDAHO 83646 United States I agree 2019-02-18 23:25:11 Laura Uruburu 3294 S FOX LEASH AVE EAGLE ID 83616 United States I agree 2019-02-18 23:21:24 David Shelton 885 W Cagney Dr Meridian ID 83646 Jamaica I agree 2019-02-18 23:19:08 Brad Meyer 847 w barrymore Drive Meridian ID 83646 United States I agree 2019-02-18 23:14:38 Lillian Brownlee 797 W Barrymore Dr.Meridian ID 83746 United States I agree 2019-02-18 23:13:47 Jennifer Blackwelder 847 w barrymore Drive Meridian ID 83646 United States I agree 2019-02-18 23:13:46 Jason Bair 531 W Gable St Meridian ID 83646 United States I agree 2019-02-18 23:11:59 Tony Brownlee 797 W Barrymore Dr.Meridian ID 83746 United States I agree 2019-02-18 23:08:19 David Soley 5958 N Demille Ave Meridian ID 83646 United States I agree 2019-02-18 23:07:49 Mark Hopkins 357 w producer drive Meridian Idaho 83646 United States I agree 2019-02-18 23:04:14 Sydney Drew 1114 w Bacall st Meridian Idaho 83646 United States I agree 2019-02-18 23:01:10 Traci Fuller 5708 N Bergman Ave Meridian Idaho 83646 United States I agree 2019-02-18 23:01:02 Dee Carter 830 W Barrymore Dr Meridian Idaho 83646 United States I agree 2019-02-18 22:59:51 John Drew 1114 W Bacall st Meridian Idaho 83646 United States I agree 2019-02-18 22:58:52 Laurene Drew 1114 W Bacall St Meridian Idaho 83646 United States I agree 2019-02-18 22:54:20 Amanda Disbrow 798 W Cagney Dr Meridian ID 83646 United States I agree 2019-02-18 22:49:56 jeffrey Badigian 6161 N Booth Ave MERIDIAN Idaho 83646 United States I agree 2019-02-18 22:38:47 Perry Koch 1140 W Bacall St Meridian Idaho 83646 United States I agree 2019-02-18 22:38:27 Pam Koch 1140 W Bacall St Meridian ID 83646 United States I agree 2019-02-18 22:36:52 Lori Badigian 6161 N Booth Ave Meridian Idaho 83646 United States I agree 2019-02-18 22:36:39 Trent Tripple 827 W Arnaz St Meridian ID 83646 United States I agree 2019-02-18 22:27:17 Wendy Tripple 827 W Arnaz St Meridian Id 83646 United States I agree 2019-02-18 22:26:08 Jamie Femreite 691 W Cagney St Meridian ID 83646 United States I agree 2019-02-18 22:25:24 Michael Arnold 972 West Bacall St.Meridian ID 83646 United States I agree 2019-02-18 22:25:17 Kortney Porter 950 W Deer Crest Dr Meridian Idaho 83646 United States I agree 2019-02-18 22:24:34 Kaylyn Nichols 946 W. Bacall St.Meridian Idaho 83646 United States I agree 2019-02-18 22:22:22 Matthew Hessing 1153 W Bacall St Meridian ID 83646 United States I agree 2019-02-18 22:17:58 Meridian City Council Meeting Agenda March 19, 2019 – Page 406 of 652 Richelle White 5855 N. Channing Way Meridian Idaho 83646 United States I agree 2019-02-18 22:13:59 Linda Arnold 972 W. Bacall St Meridian Idaho 83646 United States I agree 2019-02-18 22:13:47 Elizabeth Forsgren 433 W Bacall Drive Meridian Idaho 83646 United States I agree 2019-02-18 22:13:28 Tiffany Hall 5719 N. Arliss Ave Meridian ID 83646 United States I agree 2019-02-18 22:06:14 Ryan Scott 172 W Broderick dr Meridian Idaho 83646 United States I agree 2019-02-18 22:06:11 Gavin Sessions 927 W Archerfield Dr Meridian ID 83646 United States I agree 2019-02-18 22:05:08 Terry Kurtz 652 w. Barrymore dr Meridian Id 83646 United States I agree 2019-02-18 22:01:57 Robyn Sessions 927 W Archerfield Dr Meridian ID 83646 United States I agree 2019-02-18 22:00:26 Tricia Kurtz 652 w. Barrymore dr Meridian Id 83646 United States I agree 2019-02-18 22:00:04 Mark Hurd 907 W. Bacall St.Meridian ID 83646 United States I agree 2019-02-18 21:57:51 Barry Humpherys 992 West Cagney Drive Meridian Idaho 83646 United States I agree 2019-02-18 21:57:02 Gail Bacon 6695 N Moon Drummer Way Meridian Idaho 83646 United States I agree 2019-02-18 21:54:20 Jennifer Beard 871 W Valentino St Meridian ID 83646 United States I agree 2019-02-18 21:51:16 Robin Card 6031 N Booth Ave.Meridian ID 83646 United States I agree 2019-02-18 21:50:10 Michael Battaglia 4212 W Wolf Rapids Street Meridian Idaho 83646 United States I agree 2019-02-18 21:49:44 Brandi Colaianni 1083 West Barrymore Drive Meridian ID 83646 United States I agree 2019-02-18 21:49:25 Joe Davis 740 W Producer Meridian ID 83646 United States I agree 2019-02-18 21:46:41 michael polk 858 W. Crosby Meridian ID 83646 United States I agree 2019-02-18 21:46:07 Matthew Jackson 555 W Gable St Meridian ID 83646 United States I agree 2019-02-18 21:44:09 Scott Fuller 5708 N Bergman Ave Meridian ID 83646 United States I agree 2019-02-18 21:43:23 Kristi Carter 830 Meridian ID 83646 United States I agree 2019-02-18 21:40:47 Stephanie Evans 5668 N. Mitchum Way Meridian ID 83646 United States I agree 2019-02-18 21:29:12 Gary Engel 4923 N. Arliss Meridian ID 83646 United States I agree 2019-02-18 21:26:30 Jesse McGuire 455 W Bacall Dr Meridian Idaho 83646 United States I agree 2019-02-18 21:26:24 Jenniffer Card 6031 N Booth Ave Meridian ID 83646 United States I agree 2019-02-18 21:25:46 Jacquie Cano 604 W Cagney St Meridian ID 83646 United States I agree 2019-02-18 21:20:01 Cindy Turnbull 447 w Broderick dr Meridian ID 83646 United States I agree 2019-02-18 21:12:24 Jennifer Hussey 608 W Laughton Dr Meridian Idaho 83646 United States I agree 2019-02-18 21:12:01 Ramont Turnbull 447 w Broderick dr Meridian ID 83646 United States I agree 2019-02-18 21:12:01 Tyler Turnbull 5953 N. Mitchum Ave.Meridian ID 83646 United States I agree 2019-02-18 21:11:16 Zachary Hussey 608 W Laughton Dr Meridian Idaho 83646 United States I agree 2019-02-18 21:11:04 Katie Turnbull 5953 N. Mitchum Ave.Meridian ID 83646 United States I agree 2019-02-18 21:10:50 Freeman Dawson 1129 W Hitchcock St Meridian ID 83646 United States I agree 2019-02-18 21:05:04 Kelly Guenthner 1334 W Legarreta Drive Meridian ID 83646 United States I agree 2019-02-18 20:43:51 Michael Heninger 1151 W Hitchcock St Meridian ID 83646 United States I agree 2019-02-18 20:42:35 Lynae Heninger 1151 W Hitchcock St Meridian ID 83646 United States I agree 2019-02-18 20:41:46 Matthew Godfrey 1280 W Bacall Street Meridian ID 83646 United States I agree 2019-02-18 20:41:10 Meridian City Council Meeting Agenda March 19, 2019 – Page 407 of 652 Beth Elkin 5726 N Bergman Ave Meridian ID 83646 United States I agree 2019-02-18 20:31:56 Betsy Kahnoski 357 W. Heston Court Meridian ID 83646 United States I agree 2019-02-18 20:31:36 Jonathan Kahnoski 357 W Heston Court Meridian ID 83646 United States I agree 2019-02-18 20:30:02 Aaron Adams 1250 W Laughton Dr Meridian ID 83646-6543 United States I agree 2019-02-18 20:29:01 Suzanne Adams 1250 W Laughton Dr Meridian ID 83646-6543 United States I agree 2019-02-18 20:28:23 Trevor Duran 1236 W Bacall St Meridian ID 83646 United States I agree 2019-02-18 20:25:28 Summer Wilson 5809 N Arliss Ave Meridian Idaho 83646 United States I agree 2019-02-18 20:21:43 Leonard Badigian 5965 n. Arliss Ave Meridian Idaho 83646 United States I agree 2019-02-18 20:06:31 Barbara Badigian 5965 n. Arliss Ave Meridian Idaho 83646 United States I agree 2019-02-18 20:05:15 Tyler Wilson 5809 N Arliss Ave Meridian ID 83646 United States I agree 2019-02-18 20:05:05 Carol Davis 740 W Producer Dr Meridian Idaho 83646 United States I agree 2019-02-18 20:02:16 Crystal Thomas 5863 N. Arliss Ave.Meridian ID 83646 United States I agree 2019-02-18 19:57:20 Chrysanthe Eastman 1192 West Bacall st Meridian Idaho 83646 United States I agree 2019-02-18 19:53:51 Douglas Humphrey 693 W Dreyfuss Ln Meridian ID 83646 United States I agree 2019-02-18 19:53:10 Nicole Nugent 1088 W. Bacall St.Meridian ID 83646 United States I agree 2019-02-18 19:51:55 Matthew Lytle 1024 w Bacall st Meridian Id 83646 United States I agree 2019-02-18 19:47:29 Larry Johnson 1127 W Bacall Meridian Id 83646 United States I agree 2019-02-18 19:47:03 Jennifer Lytle 1024 w Bacall st Meridian Id 83646 United States I agree 2019-02-18 19:46:47 Emily Hessing 1153 W Bacall St Meridian ID 83646 United States I agree 2019-02-18 19:43:12 David Eastman 1192 W Bacall St Meridian Idaho 83646 United States I agree 2019-02-18 19:41:59 Andrew Ebright 1065 W Barrymore Dr Meridian ID 83646 United States I agree 2019-02-18 19:25:40 Erin Ebright 1065 W Barrymore Dr Meridian Id 83646 United States I agree 2019-02-18 19:24:43 Lonnie Cranford 5409 N Mitchum Meridian ID 83646 United States I agree Email 2/19 Melissa Dawson 1129 W Hitchcock St Meridian ID 83646 United States I agree Email 2/18 Kimberly Hudson 429 Gable Meridian ID 83646 United States I agree Email 2/18 Matthew Hudson 429 Gable Meridian ID 83646 United States I agree Email 2/18 Connor Godfrey 1280 Bacall St Meridian ID 83646 United States I agree Email 2/18 Tara Godfrey 1280 Bacall St Meridian ID 83646 United States I agree Email 2/18 Meghan Godfrey 1280 Bacall St Meridian ID 83646 United States I agree Email 2/18 Greg Reynolds 1166 W Bacall St Meridian ID 83646 United States I agree Email 2/18 Sally Reynolds 1166 W Bacall St Meridian ID 83646 United States I agree Email 2/18 Brenton Noel 5699 N Bergman Meridian ID 83646 United States I agree Email 2/18 Hannah Noel 5699 N Bergman Meridian ID 83646 United States I agree Email 2/18 Meridian City Council Meeting Agenda March 19, 2019 – Page 408 of 652 ooda-e'noon .CJ, Fere are ade flanal submissions that came in this aflemoon and would like to be added to the resadems' oequesl for reconsidermoon for UncerUllage Paige01 Ian 815A, az Cavic Walsh-952Ar-az Karen lrlalsh -902 Amaz Torr BloadeC c.96 Ce'nrlle Meridian City Council Meeting Agenda March 19, 2019 – Page 409 of 652 1 Charlene Way From:Tina Shull <TShull@hawleytroxell.com> Sent:Tuesday, March 12, 2019 2:53 PM To:Meridian City Clerk Cc:Bill Nary; Ken Howell; Brian Ballard Subject:Linder Village – AZ PP, VAR (H-2017-0088) / Applicant Response to Requests for Reconsideration [IWOV-IMANAGE.FID657957] Attachments:11776362_1_2019.03.12 Response to Requests for Reconsideration.PDF Please see attached response to the Requests for Reconsideration submitted February 19, 2019. Thank you. TINA SHULL Legal Assistant to Kenneth C. Howell, Richard G. Smith, Brian Ballard, Cydni Waldner, Dana Hofstetter and Andrea J. Rosholt direct 208-388-4839 fax 208-954-5264 email tshull@hawleytroxell.com HAWLEY TROXELL Attorneys and Counselors This e-mail message from the law firm of Hawley Troxell Ennis & Hawley, LLP is intended only for named recipients. It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately at 208.344.6000 if you have received this message in error, and delete the message. Please consider the environment before printing this email. Meridian City Council Meeting Agenda March 19, 2019 – Page 410 of 652 HAWLEY. TROXELL BRIAN L. BALLARD ADMITTED TO PRACTICE LAW IN IDAHO EMAIL: BBALLARDQHAWLEYTROXELL.COM DIRECT DIAL: 208.388.4868 DIRECT FAX: 208.954.5203 March 12, 2019 VIA EMAIL City of Meridian Mayor and City Council Members 33 East Broadway Avenue Suite 300 Meridian, ID 83642 RE: Linder Village — AZ PP, VAR (H-2017-0088) Applicant Response to Requests for Reconsideration Dear Mayor and Council Members: A.7117170RN:H,YS AND COUNS:EI,ORS Hawley Troxell Ennis & Hawley LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 208.344.6000 www.hawleytroxell.com Applicant provides this response to the Requests for Reconsideration submitted February 19, 2019) by (i) Andrea Carroll on behalf of a coalition organized as "Protect Meridian" and (ii) individuals under the signature line byname "Neighbors for a Better Linder Village" ("NBLV") individually, "Requestor" and collectively "Requestors"). It is the positon of Applicant that the Findings of Fact and Conclusions of Law and Order Findings") (which include the Staff Report attached and incorporated): i) provide the written reasoned statement required under Idaho Code § 67-6535; ii) explain the criteria and standards considered relevant; iii) state the relevant contested facts relied upon; iv) explain the rationale for the decision based on the applicable provisions of the Comprehensive Plan, the Unified Development Code ("UDC"), other relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record; and 1- 42795.0012.11735354.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 411 of 652 March 12, 2019 Page 2 v) set forth a decision of the City Council founded upon sound reason and practical application of recognized principles of law. Applicant addresses each of the Requests, using the same headings as appear in each of the Requests, in order, as follows: REQUEST #1 - SUBMITTED BY PROTECT MERIDIAN (ANDREA CARROLL) I. Variance Criteria Early on, Applicant submitted into the record specific and precise reference to UDC § I I - 3H-3 and the authorization given thereunder for the City Council to "consider and apply modifications to the standards of this article upon specific recommendation of the Idaho transportation department." Applicant also made recommendations of findings and conclusions, with specific reference to UDC § I1-31-1-3 and its importance in consideration of the variance under UDC § 11-513-4. Applicant Position Statement and Supplemental Letters, dated October 191 2017, and November 14, 2017. UDC § 11-31-1-3 gives the City Council the specific authority to modify its standards for highway access based upon an ITD recommendation, which the Council may do as it deems appropriate, including modifying its standards to take note of an ITD recommendation and/or to determine that, in light of that recommendation, a variance is not necessary. ITD made its recommendation. The City Council then took two actions: First, the Council granted the variance. In doing so, the Council set forth in its findings and conclusions the specific reasoning for granting the variance, as clearly appears in the incorporated Staff Report. The Council specifically articulated the required findings, the facts used, and the conclusions reached - all in precise alignment with Idaho Code § 67- 6516 and UDC § 11-513-4. Second, the "City Council also found that under UDC 11-31-1-3, even without approval of a Variance for access to SH 2O-26, access can be granted upon specific recommendation of the Idaho Transportation Department. Either way, Council approval of the access was found to be appropriate for this development and was approved." Staff Report, page 27. II. Findings Insufficient with LLUPA and Due Process Requirements. Insufficiency Idaho Code § 67-6535(2)(b) specifically provides that (i) before an affected person may seek judicial review, that person must first seek reconsideration of the final decision within 14 days, (ii) the request must be in writing, and (iii) the written request "must identify specific 2- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 412 of 652 March 12, 2019 Page 3 deficiencies in the decision" (emphasis added). Further, UDC 1-7-10 emphasizes that Idaho Code 67-6535 must be strictly followed. Requestor broadly and generally asserts only that the Council's "findings are conclusory and do not explain the factual basis." Requestor does not identify with any specificity the deficiencies in any of the criteria, standards, facts and rationale as set forth in the decision. Rather, Requestor relies only on its general and nonspecific allegations, and concludes by saying that the Request is "a good -faith effort to identify the potential procedural and legal error that could be the basis for judicial review..." Protect Meridian Request for Consideration, page 3 emphasis added). A request for reconsideration is a statutorily narrow reconsideration of the clarity of criteria, standards, facts and rationale applied in a decision, and its focus is upon specifically identified deficiencies in the decision. It is Applicant's position that the decision of the City Council as expressed in writing in the Findings (including the incorporated Staff Report), does, in fact, comprise the "reasoned statement" required by Idaho Code § 67-6535, and adequately and sufficiently explains the criteria, sets out the relevant facts and explains the rationale for the decision. Due Process Whereas specific deficiencies in the decision may be identified in a request for reconsideration, Idaho Code § 67-6535 (2)(b) specifically restricts itself to "compliance with the provisions of this section" I.C. § 67-6535 (emphasis added); I.C. § 67-6535 does not expand what may be included in a request for consideration beyond that. Procedural and due process constitutional issues unrelated to "specific deficiencies in the decision" are beyond the scope of what is statutorily permissible to assert in a request for reconsideration. III. Conditional Use Permit Required. The City Council set forth in clear manner the following: "The property as -is without being subdivided, currently abuts residential use and zoning at the south boundary of the site. However, when the property is subdivided as proposed, it will not abut a residential district or use; therefore, hours of operation shouldn't be restricted." Staff Report, page 18 (emphasis added). Requestor cites no authority that would require that the property be subdivided before the City Council may apply UDC 11 -213-3.A.4. 3- 42795.0012.11735354.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 413 of 652 March 12, 2019 Page 4 REQUEST #2 - SUBMITTED BY NBLV I. Unclear and Undocumented Rationale of Findings It is Applicant's position that the Findings, including the Staff Report, comprise the reasoned statement required by Idaho Code § 67-6535(2) and provide the relevant criteria and standards, the relevant contested facts, and adequately explain the rationale and reasons for the decision as required under Idaho Code §§ 67-6519 and 67-6535. The incorporated Staff Report, among other things, is an exhaustive recounting of (i) the criteria and standards applied and how the same have been addressed, and (ii) the relevant policies and goals of the Comprehensive Plan and how the same have been addressed. The two examples offered by Requestor, upon closer examination of the record, do not stand up to scrutiny: 1. With respect to the item mentioned in Request #2, concerning deletion of the requirement that some live/work units be constructed in the first phase, Councilman Palmer clarified with counsel for Applicant that the basis for requiring same was sound buffering, and that such was no longer an issue, as construction of in the first phase would have "no bearing on the sound issues." (Council Minutes, page 74 of 102) Further, Councilman Palmer was clear in making his first motion that it included "not requiring in that first phase that live -work - the live work structures be built" (Council Minutes, page 86 of 102), and he was also clear in his final motion that it included all of his "previous findings and motion details". (Council Minutes, page 96 of 102) 2. As regards the matter of traffic calming, the Staff Report clearly provides that the same would be required and that Applicant would have to work with ACRD on "traffic calming measures" (Staff Report, pages 4 and 14). The Minutes clearly reflect that when Staff Planner Hood asked the Mayor if traffic calming was to be included in the motion, Mayor De Weerd unequivocally replied, "Yes." (Council Minutes. Page 88 of 102) II. Findings for Annexation The Council made the findings required by UDC § 11-513-3E. This is conceded by Requestor. See Request #2, page 3. The record discloses that these findings were more than just mere recitations, however. The incorporated Staff Report identifies the standards and criteria considered relevant by the Council in making its decision, as set forth not only on page 50 of the Findings, but also throughout the Staff Report. The Staff Report itself goes into detail regarding compliance and noncompliance with the requirements of UDC § 11-513-3. The result is the conclusion reached that the Application was in sufficient compliance, including sufficient compliance with applicable provisions of the Comprehensive Plan, which, it must be remembered, is not a mandatory regulation, but is a guide only that does not supersede the 4- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 414 of 652 March 12, 2019 Page 5 decision making authority of the Council. See Applicant Position Statement and Supplemental Letter, dated October 19, 2017. Requestor refers to certain comments/reports in support of its position. For example, Requestor cites a "Sound Study" regarding loading dock noise. The "Sound Study" is identified in the record as the "Winco Chinden Noise Analysis", dated October 31, 2018, and entered into the record on November 15, 2018. Requestor mentions "loading dock noise." What Requestor fails to mention is that (i) the noise was observed at another Winco store; (ii) the adjusted noise level numbers included "the considerable barrier effect of the store's southwest corner and the newly increased distance to homes"; and (iii) there would be an "8 foot high screen around the trash compactor" which would act as a "very effective very tall noise barrier for homes to the west and south." Winco Chinden Noise Analysis, Mullins Acoustics, 10/31/2018, pp. 4-5. Requestor also fails to mention the ultimate conclusion of the Noise Analysis: Since the predicted noises associated with the store will be at least 8 decibels below typical ambient noises, we conclude that there will be no adverse noise impact on the nearby homes. Most store noises will be inaudible versus the ambient conditions." Winco Chinden Noise Analysis, page 2. Accordingly, the Findings, as a whole, evidence that the Council made a decision that includes a reasoned statement that (i) explains the relevant criteria and standards, (ii) states the relevant facts, and (iii) explains the rationale for its decision, as based on applicable ordinances and statutes, pertinent constitutional principles, factual information contained in the record (e.g., the Winco Chinden Noise Analysis), and applicable provisions of the Comprehensive Plan in a manner consistent with Idaho Code § 67-6535. III. Public Hearing Process 1. As discussed earlier in this Response, the issue of an alleged due process violation in the public hearing process is a constitutional issue separate and apart from the identification of specific deficiencies in the decision, and is beyond the scope of that which may be properly considered in a request for reconsideration under Idaho Code § 67-6535 and UDC 1-7-10. 2. UDC § 1-7-10-A.6 provides: "No additional evidence or testimony will be allowed at the City Council meeting." To the extent Request 42 would seek to interject (i) additional comments and arguments regarding items that have been closed upon the record, (ii) procedural issues not related to a specific deficiency in the decision, and (iii) additional testimony and evidence, Petitioner respectfully objects. 5- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 415 of 652 March 12, 2019 Page 6 Conclusion to this Response Applicant requests that City Council deny both Requests for Reconsideration for the following reasons: 1. Requestors had a full and fair opportunity to participate in all P&Z and City Council hearings and supplement the record before it was closed; in fact, Requestors did so participate in all P&Z and City Council hearing. 2. Requestors do not identify deficiencies in the decision with the mandatory specificity required so as to warrant reconsideration; they lodge only a barrage of nonspecific general complaints. 3. Requestors seek to introduce inapplicable matters not authorized for reconsideration under Idaho Code § 67-6535 and/or not allowed for consideration at the meeting under UDC § 1-7-10-A.6. Thank you for your consideration of this Response. Very truly yours, HAWLEY TROXELL ENNIS & HAWLEY LLP Brian L. Ballard 6- 42795.0012.1173 53 54.8 Meridian City Council Meeting Agenda March 19, 2019 – Page 416 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 D Project File Number: H-2018-0042 Item Title: Modified Findings of Fact, Conclusions of Law and Decision and Order for Timber Creek Recycling Meeting Notes: By Michael Murgoitio. Located at 7965 S. Locust Grove Rd. u✓ I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: Bill Nary Estimated Time f or P resentation: 15 minutes Title of I tem - M odified F indings of F act, C onclusions of L aw, and Decision and Order for T imber Creek Recycling (H-2018-0042) by M ichael M urgoitio, located at 7965 S. L ocust Grove Rd. Entry of Modif ied F indings of F act, Conclusions of L aw, and Decision and Order f or Timber C reek R ecycling (H-2018-0042) per C ouncil direction following reconsideration on F ebruary 5, 2019 C ouncil Notes: Entry of Modif ied F indings of F act, Conclusions of L aw, and Decision and Order f or Timber C reek R ecycling (H-2018-0042) per C ouncil direction following reconsideration on F ebruary 5, 2019 AT TAC HM E NT S: Description Type Upload D ate Modif ied F indings Findings/Orders 3/19/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 3/14/2019 - 1:57 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 417 of 652 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20, 2018 (Findings of Fact and Conclusions of Law adopted on December 4, 2018; modified Findings of Fact and Conclusions of Law adopted on March 19, 2019) A. Findings of Fact 1. Hearing Facts: a. Following proper notice, on July 17, and September 18, 2018, the Meridian City Council held a public hearing on a request to modify the development agreement. Following the public hearing, giving consideration to public testimony, the Staff’s recommended denial of the application, and the record before it, the Council approved the request with one change to the provisions proposed by the Applicant (to section 6.8.2, Development of Adjacent Property, changing “grinding machine” to “processing area”) (see Exhibit A, Memorandum and Proposed Amended Development Agreement for the hearing date of September 18, 2018, incorporated by reference). b. Prior to the conclusion of the hearing on September 18, 2018, the Meridian City Council requested another public hearing be scheduled for Staff to prepare proposed conditions of approval and to allow Staff, the Applicant, and the public the opportunity to review and comment upon them. c. Following proper notice, on November 7 and 20, 2018, the Meridian City Council held a public hearing for the sole purpose of reviewing and considering Staff conditions of approval (see Exhibit B, Memorandum and Staff recommended added/modified DA provisions for the hearing date of November 7, 2018, incorporated by reference). d. At the conclusion of the November 20, 2018 hearing, the Meridian City Council voted to close the public hearing and continue the matter to December 4, 2018, for the sole purpose of allowing the Meridian City Council to make sure the language of the conditions of approval as discussed during the public hearing were clear and understandable and met the Council’s intent. e. Following proper notice, on December 4, 2018, having heard public testimony and giving due consideration to the record before it, the Meridian City Council approved the Development Agreement Modification Provisions as presented and the Findings of Fact, Conclusions of Law for Timber Creek Recycling H-2018-0042 (see Exhibit C, Findings of Fact, Conclusions Meridian City Council Meeting Agenda March 19, 2019 – Page 418 of 652 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 2 - of Law and Decision & Order and Development Agreement Modification Provisions for the hearing date of December 4, 2018, incorporated by reference). f. On December 18, 2018, pursuant to MCC 1-7-10, two Requests for Reconsideration were timely filed: (1) Request for Reconsideration by attorney Joshua Leonard on behalf of clients; and (2) Request for Reconsideration by attorney Mark Perison on behalf of clients. g. Following proper notice, on February 5, 2019, the Meridian City Council held a hearing on the two Requests for Reconsideration and ordered the Findings to be modified by Staff and scheduled for final review by City Council at a future date. h. Following proper notice, on March 19, 2019, the Meridian City Council reviewed and approved the Modified Findings of Fact, Conclusions of Law for Timber Creek Recycling H- 2018-0042 as presented. 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018 d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and October 19, 2018 e. Next Door published on: May 11 and 29, August 28, and October 23, 2018 f. Applicant posted notice on site by: July 6, and October 29, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood, grass, leaves, and sheetrock, recycling business currently operates on this property in the R-4 zoning district; on-site recycled processed materials are applied to the farming and dairy operations on the property and/or sold wholesale as identified in the DA, as identified in the original development agreement (“DA”) as approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016, (see Exhibit D, January 26, 2016 DA, incorporated by reference). c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). The January 26, 2016 DA was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, Meridian City Council Meeting Agenda March 19, 2019 – Page 419 of 652 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 3 - the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the January 26, 2016 DA. No change in the uses specified in the DA are allowed without modification of the agreement (see Exhibit D, Section 4.2). e. Summary of MDA Request (H-2018-0042): To add a commercial composting component to Timber Creek Recycling’s current recycling business by adding food waste and garden waste to its allowed uses: recycled materials on site; marketing and sale of processed recycling materials, including by not limited to mulch, compost, bark, playground chips, sand, and stone; setting hours of operation, and other conditions relating to noise, odor, and dust abatement, landscaping, limiting truck deliveries and processing activities. f. Conditions of Approval: See Exhibit C, Development Agreement Modification Provisions for the hearing date of December 4, 2018, incorporated by reference. g. The Modified Development Agreement (see Exhibit E) incorporates all conditions of approval of MDA request H-2018-0042, and shall replace the January 26, 2016 DA in its entirety. h. Owner: L & G Murgoitio LLC 6575 S. Locust Grove Rd. Meridian, ID 83642 i. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 j. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as specific conditions of approval. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. Meridian City Council Meeting Agenda March 19, 2019 – Page 420 of 652 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 4 - 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A and UDC section 11-5B-3(F), and based upon the above Modified Findings of Fact and Conclusions of Law which are herein adopted, it is hereby ordered that the request for a modification to the January 26, 2016 DA is hereby approved. D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. This is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Meridian City Council Meeting Agenda March 19, 2019 – Page 421 of 652 By action of the City Council at its regular meeting held on the day of 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED \ f COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC4 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) (Zy�,c���Tam;my d O�QORATEDq� o M E I# 04 14N� SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: j IM-IQW Dated: City Clerk's Office CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER — FILE NO(S). H-2018-0042 - 5 - September 11, 2018 MEMORANDUM TO: Mayor and City Council CC: City Clerk, City Attorney FROM: Bill Parsons, Planning Supervisor RE: Timber Creek Recycling Update (H-2018-0042) September 18th, City Council Meeting On July 17th, City Council continued the Timber Creek Recycling development agreement modification MDA) application. The purpose of the continuance was to allow the applicant time to further refine their request based on items that were discussed during the public hearing. A comprehensive list of the items discussed was to be incorporated into a modified strike-through and underline format of the original development agreement for Council’s consideration. Items to be addressed are as follows: 1. Increase in the number of vehicle trips, specifically truck traffic; 2. Removal of the retail component (This was an item discussed during the hearing however; the applicant has included a request to keep the retail component with further parameters on the use); 3. Limit the size of the facility to a 39 acre site; 4. Limit the hours of operation; 5. Secure approvals from DEQ, CDHD and the applicable Irrigation District; 6. Submit a revised concept plan detailing the operations of the site which is incorporated into the amended development agreement; 7. Submit sound study, odor plan and fire/emergency plan; 8. Define term limits of the recycling use; 9. Further define the type of materials that are being exported, stored and composted on the site and stating the intended uses of said materials; and 10. Minimize impacts to adjacent neighbors (e.g. installation of mufflers on specific equipment, installation of landscaping, restricting the height of the stored materials and monitoring complaints associated with the recycling activities). Meridian City Council Meeting Agenda September 18, 2018 – Page 308 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 423 of 652 On September 6, 2018, a revised amended development agreement was submitted for Council and the public to review as part of the public record. Because of the controversy surrounding this project, the City also sent notices to the property owners within 1000 feet of the property and those property owners that testified during the public hearing. This same list was sent to the applicant to use to schedule the neighborhood meeting so the applicant could discuss the proposed changes. Per the applicant’s representative, a new neighborhood meeting was held on September 5, 2018 and some minor revisions were incorporated in the draft document as a result of that meeting. In summary, staff believes the applicant has adequately captured the items that were discussed at the public hearing in the revised document. Although the applicant has further defined the operational characteristics if the use is to expand and proposed additional mitigating measures, staff still has concerns with the expansion of the recycling facility (industrial nature of the use) in a residential district. Therefore, staff recommends the Council deny the request for the reasons as previously stated in the staff report for the hearing date of July 17, 2018. Meridian City Council Meeting Agenda September 18, 2018 – Page 309 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 424 of 652 AMENDED DEVELOPMENT AGREEMENT -1 55663.0002.10635510.1 55663.0002.11338988.1 AMENDED DEVELOPMENT AGREEMENT PARTIES: 1.City of Meridian 2.L & G Murgoitio, LLC THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this______ day of ______________,2018, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/ Developer.” 1.RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit “A”, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the “Property”; and 1.2 WHEREAS, Timber Creek Recycling, LLC (“ Timber Creek”) has operated, does operate, and will operate a processing facility on the Property;and 1.3 1.2WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E)provides that said written commitments may be modified with the permission of the governing board;and 1.5 1.3WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code UDC”), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property (“Application”)requesting a designation of Medium-Low Density Residential District (R-4 District) under the UDC and generally describing how the Property will be used, developed and what improvements will be made; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, Meridian City Council Meeting Agenda September 18, 2018 – Page 333 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 425 of 652 AMENDED DEVELOPMENT AGREEMENT -2 55663.0002.10635510.1 55663.0002.11338988.1 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho (“Original Agreement”); and 1.5 WHEREAS, this Agreement was negotiated and signed prior to any public hearings, but the final approval of the Agreement was subsequent to the annexation process and public hearings and final approval of the Application; and 1.7 1.6WHEREAS, the City and the Owner/Developer have attempted to negotiate terms and conditions into this Agreement to amend the Original Agreement to clarify the uses permitted under the Original Agreement, to allow for the continued use of the Property in the same manner and fashion that existed at the time of annexation until such time as and described the permitted future uses of the Property is developed or re- developed; and 1.8 1.7WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that exist at the time of annexation that are still necessary to continue the same use or manner of the Property until development or re-development and were not included in this Agreementexisted at the time the Original Agreement and this Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.9 1.8WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any,at this time or in the future; and 1.9 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning &Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City’s planning jurisdiction; and 1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________, 20___2018, approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B”and have been accepted by Owner/Developer and Timber Creek; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement before the City Council takes final action on annexation and zoning designation; and Meridian City Council Meeting Agenda September 18, 2018 – Page 334 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 426 of 652 AMENDED DEVELOPMENT AGREEMENT -3 55663.0002.10635510.1 55663.0002.11338988.1 1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property after annexation and future development of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in the UDC. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2.INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3.DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L &G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit A”describing the parcels to be re-zoned R-4 (Medium-Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. Meridian City Council Meeting Agenda September 18, 2018 – Page 335 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 427 of 652 AMENDED DEVELOPMENT AGREEMENT -4 55663.0002.10635510.1 55663.0002.11338988.1 3.4 DEVELOPMENT/REDEVELOPMENT:means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services after annexation, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4.USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property after annexation shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City’s Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City’s solid waste franchisee may remain until such time that the Property is developed in the future.. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. . 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments,until such time that the Property is developed in the future. 4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the propertyProperty. Such items may include but not be limited to weed spray, gasoline, diesel, Meridian City Council Meeting Agenda September 18, 2018 – Page 336 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 428 of 652 AMENDED DEVELOPMENT AGREEMENT -5 55663.0002.10635510.1 55663.0002.11338988.1 wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of annexation the adoption of this Agreement until such time that the Property develops in the future. future.. 4.8 Operate Timber Creek Recycling on the Property portion of the Property Recycling Property”)outlined on the site plan (“Site Plan”) attached hereto as Exhibit “C”and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity. The following outlines the primary activities, but not all activities, related to the operation or future operation of Timber Creek Recycling on the Property: 5.Operation of Timber Creek Recycling . As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operation s on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek’s operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek Recycling receives or may receive the following materials (collectively “Recycled Materials”)for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill , Republic Services and other sources. 5.1.2 Grass. Grass clipping clippings are and will be delivered to the Recycling Property from Republic Services and other sources of grass clippings. Leaves. Leaves are and will be delivered to the Property from the Ada County Landfill and other sources of leaves. 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock.Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources of sheetrock. 5.1.5 Food Waste. Food waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste.Food Garden waste will be delivered to the Recycling Property from Republic Services and other sourcesand other sources. Bio Solids. Bio solids will be delivered to the (f) Property from and other sources. Meridian City Council Meeting Agenda September 18, 2018 – Page 337 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 429 of 652 AMENDED DEVELOPMENT AGREEMENT -6 55663.0002.10635510.1 55663.0002.11338988.1 Demolition Debris. Demolition debris will be (g) delivered to the Property from and other sources. 5.1.7 Other Materials. Owner/Developer Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 4.8.1(a) 5.1.1 through 4.8.1(g) 5.1.6 or are intended for agricultural uses . 5.2 Recycling Activities. Owner/Developer Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: Wood. Wood is ground, screened and stored on the (a) Property until used for bedding. Grass. Grass is utilized as feed for livestock, as a (b) soil amendment, and for other agricultural use on the Property. Leaves. Leaves are processed and used on the (c) Property as soil amendment. Prior to processing, the leaves are store in piles on the Property. Owner /Developer will comply with requirements from the Idaho Department of Environmental Quality, if any, in preventing substantial numbers of leaves from being blown off of the Property. Sheetrock. Sheetrock is ground with wood and (d) stored on the Property until used for bedding or soil amendment. Composting. Owner/Developer may utilize any or (e) all of the Recycling Materials for a commercial composting operation on the Property.In the composing process, Owner/Developer may utilize any equipment necessary for the composing process. Other Activities. Owner/Developer may engage in (f) other activities relating to the operation of Timber Creek Recycling and utilize any or all of the Recycling Materials as deemed appropriate by Owner/Developer, provided, however, that all any such use shall be in accordance with applicable laws and regulations. Said other activities include, but are not limit to: Meridian City Council Meeting Agenda September 18, 2018 – Page 338 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 430 of 652 AMENDED DEVELOPMENT AGREEMENT -7 55663.0002.10635510.1 55663.0002.11338988.1 5.2.1 Grinding. Grinding of any Recycled Materials and the use of The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties.In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding;. 5.2.2 Screeningb.Screening. Screening .The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials; c.Windrowing. Windrowing Recycled Materials and the use of windrow turns and other equipment necessary to windrow the Recycled Materials; d.Crushing. Crushing asphalt and concrete, including the use of a crusher and other equipment necessary to crush asphalt and concrete; and 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. e.MiscellaneousMiscellaneous. Engaging . Engage in any the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fork lifts, and other heavy equipment, Recycling Activities and preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. Other Materials. Owner/Developer will process and utilize any additional recyclable materials on the Property in a reasonable manner. Meridian City Council Meeting Agenda September 18, 2018 – Page 339 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 431 of 652 AMENDED DEVELOPMENT AGREEMENT -8 55663.0002.10635510.1 55663.0002.11338988.1 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Owner/Developer Timber Creek may engage in uses on the Recycling Property that are related to, support,or are in furtherance of the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 (a)Truck Parking. Owner/Developer Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Owner/Developer Timber Creek may place, operated, maintain, repair, relocate and remove any equipment, fixtures and personal prope rty onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Compliance with DEQ, Department of Agriculture and Central District Health Department. Timber Creek may take any action to : Comply with conditions imposed on it by the Department (a) of Environmental Quality, the Department of Agriculture or the Central District Health Department relating to the Recycling Materials or the Recycling Activities ; Comply with the rules and regulations relating to the (b) Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department ; and Cure or correct deficiencies or issues identified by the (c) Department of Environmental Quality, the Department of Agriculture or the Central District Health Department . 5.3.4 Marking Marketing and Sale of Processed Recycling (c) Materials. Owner/Developer Timber Creek may market and sale processed Recycling Materials in accordance with applicable laws and regulations. . Processed Recycling Materials include, but are not limited to, mulch, compost, bark, playground chips, sand,stone, concrete, asphalt, etc.etc. 5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale” Retail Area”),Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the Meridian City Council Meeting Agenda September 18, 2018 – Page 340 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 432 of 652 AMENDED DEVELOPMENT AGREEMENT -9 55663.0002.10635510.1 55663.0002.11338988.1 portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: April –October:(a) a.Monday –Saturday: 8:00 a.m. to 6:00 p.m. b.Sundays: Closed November –March:(b) a.Monday –Saturday: 9:00 a.m. to 4:00 p.m. b.Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: Commercial vehicles, as defined in Idaho Code §49 - 123(d).(a) Vehicles with more than two (2) axels; provided,however, (b) that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips , and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following : a) a scale house with approximate dimensions of forty five feet by fifteen feet (45’x15’); b) a restroom with approximate dimensions of twenty feet by eight feet 20’x8’) with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40’x8’); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute “development” as defined in Section 3.4. 6.Conditions and Limitations to Operation of Timber Creek Recycling . To mitigate or ameliorate any adverse effects from Timber Creek’s operation on the Property, Timber Creek shall comply with the following conditions on its operation: Meridian City Council Meeting Agenda September 18, 2018 – Page 341 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 433 of 652 AMENDED DEVELOPMENT AGREEMENT -10 55663.0002.10635510.1 55663.0002.11338988.1 6.1 Extent of Operations on Property. Timber Creek’s Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may store and use processed Recycling Materials on the balance of the Property . 6.2 Composting.Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Prior to composting in quantities which would require approval as a Tier 2 composting facility, Timber Creek shall satisfy all requirements imposed on Tier 2 composting facilities by the Idaho Department of Environmental Quality (“DEQ”). Timber Creek shall provide proof of satisfaction of DEQ’s requirements to the City prior to composting as a Tier 2 composting facility. In connection with the Tier 2 designation process and operating as a Tier 2 facility,Timber Creek shall: 6.2.1 Odor Management. Adopt an odor management plan as part of the Tier 2 approval process that satisfies DEQ. Upon being designated as a Tier 2 composting facility, Timber Creek will provide a copy of the odor management plan approved by DEQ to the City. 6.2.2 Compliance with DEQ and Central District Health . Comply with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.3 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek’s Recycling Activities: 6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder . Timber Creek shall provide notice to the City upon the installation of the muffler s. 6.3.2 Landscaping. Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities . Said landscaping will be installed within one (1)year from the date of this Agreement. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan has been installed. 6.3.3 Hours of Operation. Recycling Activities on the Property will be limited to the following: Monday –Friday: 7:00 a.m. to 6:00 p.m.(a) Saturday: 8:00 a.m. to 6:00 p.m.(b) Meridian City Council Meeting Agenda September 18, 2018 – Page 342 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 434 of 652 AMENDED DEVELOPMENT AGREEMENT -11 55663.0002.10635510.1 55663.0002.11338988.1 6.4 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will: 6.4.1 Landscaping. Timber Creek will comply with the requirements of Section 6.3.2; 6.4.2 Height of Recycling Materials. Timber Creek will keep the height of piles of Recycling Materials at the greater of : a) twenty-five (25) feet,and b) the height permitted by the Meridian Fire Department under applicable code, regulations and rules. 6.5 Dust Abatement.Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recyclin g Activities as follows: 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek t o minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses.Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 4.8.4 Traffic to Property. The following traffic to and from the Property is hereby permitted and shall not constitute a nuisance: Delivery of Recycled Materials . Delivery of (a) Recycled Materials to the Property may be made by consumer trucks, garbage trucks, semi -trailer trucks, and any other similarly sized trucks. The number of deliveries, on a daily basis, is capped at the number reasonably necessary for Timber Creek Recycling to satisfy its contracts and obligations for the acceptance of the Recycled Materials Meridian City Council Meeting Agenda September 18, 2018 – Page 343 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 435 of 652 AMENDED DEVELOPMENT AGREEMENT -12 55663.0002.10635510.1 55663.0002.11338988.1 Recycling Activities. Traffic to permit Timber (b) Creek Recycling to adequately Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including , but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composingcomposting, grinding and screening operations Removal of Compost / Other Products is (c) expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance. 6.6.2 Compliance with Ada County Highway District . All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. Owner/Developer may remove as much compost or other products or byproducts of the Recycling Activities or Related Activities as is necessary to maintain the Property, comply with applicable laws and ordinances, and satisfy Timber Creek Recycling’s contracts and obligations relating to the Recycled Materials. Owner/Developer may remove the compost or other products or byproducts of the Recycling Activities by truck or any other means deemed appropriate or necessary, and in sufficient number so as to meet the above mentioned obligations. Other Traffic to Property. All other traffic to the (d) Property necessary for the operation of Timber Creek Recycling, including, but not limited to the sale of compost and other products sold by Timber Creek Recycling. 6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: Vehicular traffic associated with the agricultural use of the (a) Property such as delivery of feed , livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; Vehicles to and from the Retail Area;(b) Vehicular traffic to and from the Property not carrying (c) Recycling Materials;and Meridian City Council Meeting Agenda September 18, 2018 – Page 344 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 436 of 652 AMENDED DEVELOPMENT AGREEMENT -13 55663.0002.10635510.1 55663.0002.11338988.1 Vehicular traffic from the Property delivering Recycling (d) Materials for agricultural uses. 6.7 Agency Requirements/Recommendations . Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.7.1 Fire. Emergency Plan. Timber Creek shall prepare and deliver (a) a emergency plan to the Meridian Fire Code Official. Timber Creek shall notify the City upon approval of the emergency plan. Process Hazard Analysis. Timber Creek shall prepare a (b) process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11 - 17 (2015) and deliver to the Meridian Fire Code Official , if required by the Meridian Fire Code Official. 6.7.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.7.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services, upon advance notice. 6.7.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. 6.8 Termination of Recycling OperationsActivities. The above listed recycling activities Recycling Activities on the Recycling Property will cease, unless permitted in the UDC,upon the earliest of the following to occur: 6.8.1 Conveyance to Third Party(a). Upon the conveyance of the Recycling Property to a third party; provided, however, that the conveyance of the Recycling Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate family member of any member of the Owner/Developer or Timber Creek; or 3) to an affiliated entity, will not trigger the elimination of the uses permitted in this Section 4.8.3Recycling Activities. For purposes of this Section 4.8.3, an “affiliated entity”is an entity: (a) which is a successor to Owner/Developer or Timber Creek by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer’s or Timber Creek’s assets or membership Meridian City Council Meeting Agenda September 18, 2018 – Page 345 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 437 of 652 AMENDED DEVELOPMENT AGREEMENT -14 55663.0002.10635510.1 55663.0002.11338988.1 interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or 6.8.2 Development of Adjacent Property. Within thirty (30) days of the latter of: i) written notice that the City of Meridian granting has granted a Certificate of Occupancy to any new residential or commercial development within 1000 feet of the grinding machine located on the Recycling Property, as approximately depicted on the attached Exhibit C; or ii)notice of the granting of a Certificate of Occupancy to any “C”,being delivered to Timber Creek. For purposes of this Section 6.8.2, a “new residential or commercial development ” shall mean real property which has: Been annexed into the City;(a) Zoned either with a commercial designation or a residential (b) designation of R-4 or denser; Has been subdivided in accordance with Meridian City (c) Code, excepting however any real property subdivided by a short plat under Meridian City Code 11 -6B-6; and Receives water and sewer services from the City.(d) within 1000 feet of the grinding machine located on the Property being delivered to Owner/Developer.4.9Construction or completion of two sheds on the Property to replace a shed which burned down in 2015. The approximate dimensions of the sheds are eighty feet by twenty feet (80’x20’) for a scale for the Recycling Activities and sixty feet by one hundred twenty feet 70’x160’). Both building will have a restroom. Construction has commenced on these sheds or will commence within one year of annexation. The construction of the sheds shall not constitute development” as defined in Section 3.4. In no event will the issuance of a Certificate of Occupancy for any structure existing (b) as of the date of this Agreement,as may be expanded, modified or altered, or for any new accessory building,within 1000 feet of the grinding machine on the Recycling Property trigger Timber Creek’s obligation to cease operations under this Section 6.8.2. 6.9 Sunset on Composting . Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030 . As part of the review, City shall: a) consider the development of the property surrounding the Recycling Property, the benefits derived by the community by the compos ting,and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit composting on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the Meridian City Council Meeting Agenda September 18, 2018 – Page 346 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 438 of 652 AMENDED DEVELOPMENT AGREEMENT -15 55663.0002.10635510.1 55663.0002.11338988.1 terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). 6.10 Tolling of Deadlines. In the event the approval of this Agreement is challenged, contested or appealed, in any manner, the deadlines imposed on Timber Creek under this Section 6 shall be tolled until all challenges, contents and appeals have been completely and finally resolved. 7. 5.CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 5.1Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 5.1.1Future Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 5.1.2Future Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 5.1.3Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 5.1.4Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8.COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 6.1The City intends to extend the sewer and water infrastructure (“Utility Extension”) which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City’s Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the city designs the Utility Extension. In furtherance of this objective,the Utility Extension will include, but is not limited to, the extension of: Meridian City Council Meeting Agenda September 18, 2018 – Page 347 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 439 of 652 AMENDED DEVELOPMENT AGREEMENT -16 55663.0002.10635510.1 55663.0002.11338988.1 Water Mains; and(a) Sewer Mains; and(b) Trunk Lines.(c) A complete description of the Utility Extension is set forth in Exhibit “C”, incorporated by reference to this Agreement. 8.2 6.2The City shall be expending funds to plan, design, and construct the Utility Extension described in 6.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subjec t to the following conditions: Acts of God; or(a) Denial of the Application by the City or any other (b) governmental agency with authority to approve or deny the Application or Utility Extension ; or Any legal challenge to the annexation of the Property that (c) causes the delay of the annexation approval; or The inability of the City to acquire all the needed target (d) properties necessary to allow for the necessary expenditure of the Utility Extension; or Economic limitations, as prescribed by law; or(e) Permitting limitations or denials; or(f) The inability to acquire the necessary easements for the (g) Utility Extension; or Geology and/or geography of the area; or(h) Weather conditions that may cause delay; or(i) Unavailability or delay of materials for the Utility (j) Extension; or Meridian City Council Meeting Agenda September 18, 2018 – Page 348 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 440 of 652 AMENDED DEVELOPMENT AGREEMENT -17 55663.0002.10635510.1 55663.0002.11338988.1 Review or delay by other agencies needed for approvals of (k) the Application or Utility Extension; or Labor disputes, strikes, work stoppages; or (l) Limitations by other governmental, semi - governmental, or (m) private industry restrictions unanticipated at the time of execution of this Agreement; or Any and all contingencies, whether anticipated or not,that (n) are beyond the control of the City. 8.3 6.3In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections (a)to (n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC, 8.4 6.4This Agreement is part of an application for the simultaneous annexation of numerous parcels. This Agreement shall be null and void if the annexation of the Property or any other of the parcels to be simultaneous annexation is not approved. 9.DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner / Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period . In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section Meridian City Council Meeting Agenda September 18, 2018 – Page 349 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 441 of 652 AMENDED DEVELOPMENT AGREEMENT -18 55663.0002.10635510.1 55663.0002.11338988.1 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 7.2,the City shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10.INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property,as required by City ordinance or policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11.REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense,either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of Meridian City Council Meeting Agenda September 18, 2018 – Page 350 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 442 of 652 AMENDED DEVELOPMENT AGREEMENT -19 55663.0002.10635510.1 55663.0002.11338988.1 the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 10.ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12.SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13.CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14.ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement,and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15.NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY:City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to:City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER:L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 14.1A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. Meridian City Council Meeting Agenda September 18, 2018 – Page 351 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 443 of 652 AMENDED DEVELOPMENT AGREEMENT -20 55663.0002.10635510.1 55663.0002.11338988.1 16.ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17.TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18.BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including City’s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 19.INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20.DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21.FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 20.1No condition governing the uses and/or conditions governing re- zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with Meridian City Council Meeting Agenda September 18, 2018 – Page 352 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 444 of 652 AMENDED DEVELOPMENT AGREEMENT -21 55663.0002.10635510.1 55663.0002.11338988.1 the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22.EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt an ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] Meridian City Council Meeting Agenda September 18, 2018 – Page 353 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 445 of 652 AMENDED DEVELOPMENT AGREEMENT -22 55663.0002.10635510.1 55663.0002.11338988.1 IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: __________________________By: Name: Title: CITY OF MERIDIAN: Date: __________________________By: Mayor Tammy De Weerd ATTEST: Jaycee L. Holman, City Clerk Meridian City Council Meeting Agenda September 18, 2018 – Page 354 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 446 of 652 AMENDED DEVELOPMENT AGREEMENT -23 55663.0002.10635510.1 55663.0002.11338988.1 STATE OF IDAHO ) ss. County of Ada ) On this _____ day of FebruarySeptember, 2018, before me, a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this _____ day of ______________, 2018, before me, a Notary Public, personally appeared Tammy De Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively,of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires Meridian City Council Meeting Agenda September 18, 2018 – Page 355 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 447 of 652 AMENDED DEVELOPMENT AGREEMENT -24 55663.0002.10635510.1 55663.0002.11338988.1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Meridian City Council Meeting Agenda September 18, 2018 – Page 356 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 448 of 652 AMENDED DEVELOPMENT AGREEMENT -25 55663.0002.10635510.1 55663.0002.11338988.1 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER Meridian City Council Meeting Agenda September 18, 2018 – Page 357 of 385Meridian City Council Meeting Agenda March 19, 2019 – Page 449 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 450 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 451 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 452 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 453 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 454 of 652 MeridianCityCouncilMeetingAgendaOctober162018Page393of419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 455 of 652 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of Council approval of the amended signed DA, after which all uses associated with the facility shall cease and all materials, equipment, structures, site modifications, etc. associated with the use shall be removed and the site reclaimed to its former agricultural use/condition. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials Property shall be screened sufficient to block the view of the processing facility, including materials stored on the site, from S. Locust Grove Rd. and W. Columbia Rd. prior to commencement of the proposed expanded use; the buffer area shall result in a barrier that allows trees to touch at the time of tree maturity and contain a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover;” 3. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10.” 4. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4.” 5. Modify provision #5.3.3, Compliance with all federal, state, and locate entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. Timber Creek may shall take any action to: a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. EXHIBIT B Meridian City Council Meeting Agenda October 16, 2018 – Page 394 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 456 of 652 6. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of the proposed expanded use. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan as required in provision #5.2.2 Screening has been installed.” 7. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 8. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9. Add provision: “The leaching pond(s) and any other open water pond(s) on the site shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10. Add provision: “All mechanical equipment and operations, power-driven processing equipment and operations, shipping and delivery areas, and other outdoor activity on Property shall be located at least 300 feet from abutting residential districts.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” Meridian City Council Meeting Agenda October 16, 2018 – Page 395 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 457 of 652 12. Add provision: “Burning, incinerating, burying, or any other manner disposing of solid waste or recyclable materials is prohibited on Property as set forth in Meridian City Code 4-1-10.” 13. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda October 16, 2018 – Page 396 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 458 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20, 2018 (Findings on December 4, 2018) A. Findings of Fact 1. Hearing Facts: Following proper notice, on September 18 and November 7, 2018, the Meridian City Council held a public hearing on a request to modify the development agreement. Following the public hearing, the Council approved the request with only one change to the provisions proposed by the applicant (to section 6.8.2, Development of Adjacent Property, changing grinding machine” to “processing area”). 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018 d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and October 19, 2018 Note: Because the Director deemed the proposed use to be heavy industrial and because of the potential impact on adjacent residential properties, radius notices were sent to property owners within 1,000 feet of the external property boundaries instead of the typical 300 feet in accord with UDC 11-5A-5E.2c. e. Next Door published on: May 11 and 29, August 28, and October 23, 2018 f. Applicant posted notice on site by: July 6, and October 29, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood, grass, leaves, sheetrock, food waste, and Meridian City Council Meeting Agenda December 4, 2018 – Page 350 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 459 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 2 - garden waste recycling business, as identified in the Original Development Agreement as approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016, currently operates on this property in the R-4 zoning district. c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the DA – no change in the uses specified in the DA are allowed without modification of the agreement. e. Owner: L & G Murgoitio LLC 6575 S. Locust Grove Rd. Meridian, ID 83642 f. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 g. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. Meridian City Council Meeting Agenda December 4, 2018 – Page 351 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 460 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 3 - C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A, nor UDC section 11-5B-3(F) and based upon the above Findings of Fact which are herein adopted, it is hereby ordered that the applicant’s request for a modification to the existing development agreement is hereby approved. (See attached Development Agreement Modification Provisions). D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. This is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Meridian City Council Meeting Agenda December 4, 2018 – Page 352 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 461 of 652 By action of the City Council at its regular meeting held on the day of ()P -CP -M bEK-- 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED —" COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED Yt MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tam de Weerd Attest: C y Cole City Clerk 0 of w C -/V[ E ..iDIAN!--- IDAHO z SEAL Zr_ 1P Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C)0w 5W rU/ -i Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 4 - EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 462 of 652 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of the City Council approvals of the amended signed DAAgreement. Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in Section 5.2) and the activity shall cease; provided, however, that Timber Creek may submit an application. If the applicant requests to the City Council to review the activityRecycling Activities and determine whether to permit Timber Creek to continue the Recycling Activities. before the ten (10) year time period for renewal for an additional time period as determined by the City Council at that time. Timber Creek shall submit theThe request for a review shall be no later than one (1) year prior to the expiration of the ten (10) year period use. Upon review, tThe City Council canmay, at the City Council’s sole discretion: a) elect to grant or refuse to grant additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property past the initial ten (10) year period; and b) should additional time be granted, require more or different conditions on the Recycling Activitiesat their discretion, if they allow the activity to continue. If the City Council does not elect to grant Timber Creek additional time to conduct Recycling Activities on the Recycling Property extend the use beyond the initial ten (10) year time period then, at their the City Council’s direction and by the date as determined by themthe City Council, after which all the Recycling Activities uses associated with the facility shall cease at a date to be determined and all materials, equipment, structures, site modifications, etc. associated with the use Recycling Activity shall be removed and the site Recycling Property reclaimed to its former agricultural use/condition. . In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, If the time period is extended to a future date certain then the City Council may review the activityRecycling Activities upon the expiration of the additional time in accordance with the foregoing procedures, conditions and timelines. on or about that date certain and consider an additional extension with the same or modified conditions to the Agreement. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials. 3.2. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement.” 4.3. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as Meridian City Council Meeting Agenda December 4, 2018 – Page 354 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 463 of 652 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement” 5.4. Modify provision #5.3.3, Compliance with all federal, state, and locate local entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek may shall take any action to: a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. 6.5. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Planin this Modified Agreement as required in provision #5.2.2 Screening has been installed.” 7.6. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. Meridian City Council Meeting Agenda December 4, 2018 – Page 355 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 464 of 652 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.5.6 Dustless Material. Surface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 8.7. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9.8. Add provision: “The leaching pond(s), if applicable and, and any other open water pond(s) for run off or drainage on the site Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10.9. Add provision: “All mechanical equipment, (excluding all private or commercial vehicles) and operations, power-driven processing equipment and operations on the Recycling Property shall be located at least 300 feet from abutting residential districts. All shipping and delivery areas, storage, and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” 10. Add provision: “Burning, Burning or incinerating, ,burying, or any other manner to disposing dispose of solid waste or recyclable materials is prohibited on Property. as set forth in Meridian City Code 4-1-10.” 11. The ApplicantTimber Creek shall provide a detailed site plan, as an Exhibit “B” of this Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ing the area of the recycled property area; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general location of the equipment to used for the Recycling Activities. The Recycling Property shall not , the location of the recycling equipment, the farming property, and the remainder of the property related to this Development Agreement. The Recycle property shall not exceed the identified thirty-six (36) acres in total. 12. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” Meridian City Council Meeting Agenda December 4, 2018 – Page 356 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 465 of 652 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda December 4, 2018 – Page 357 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 466 of 652 ADA COUNTY RECORDER Christopher D. Rich 2016_007075 BOISE IDAHO Pgs=69 BONNIE 01127/2016 11:26 AM MERIDIAN CITY NO FEE II'IIIIIIII'I'III'IIIIIII)III 11 1111 1111111111 00188018201600070750690696 DEVELOPMENT AGREEMENT PARTIES: 1.City of Meridian 2. L & G Murgoitio, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this a(o day of 20by and between the City of Meridian, a municipal corporation of the State of Idand, hereafter called "City", and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called "Owner/ Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the "Property"; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property ("Application") requesting a designation of Medium-Low Density Residential District (R-4 District) under the UDC and generally describing how the Property will be used, developed and what improvements will be made; and 1.5 WHEREAS, this Agreement was negotiated and signed prior to any public hearings, but the final approval of the Agreement was subsequent to the annexation process and public hearings and final approval of the Application; and 1.6 WHEREAS, the City and the Owner/Developer have attempted to negotiate terms and conditions into this Agreement to allow for the continued use of the Property in the same manner and fashion that existed at the time of annexation until such time as the Property is developed or re-developed; and DEVELOPMENT AGREEMENT - 1 02872.0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 467 of 652 1.7 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that exist at the time of annexation that are still necessary to continue the same use or manner of the Property until development or re -development and were not included in this Agreement; and 1.8 WHEREAS, the Owner/Developer, the City, and others made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to the current uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.9 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City's planning jurisdiction; and 1.10 WHEREAS, the Meridian City Council, on the h J day of 2011 O , approved certain Findings of Fact and Conclusions of Law an Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B" and have been accepted by Owner/Developer; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement before the City Council takes final action on annexation and zoning designation; and 1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property after annexation and future development of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in the UDC. DEVELOPMENT AGREEMENT - 2 02872.0008. 7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 468 of 652 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit A" describing the parcels to be re -zoned R-4 (Medium -Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services after annexation. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property after annexation shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. DEVELOPMENT AGREEMENT - 3 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 469 of 652 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future.. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. . 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of annexation until such time that the Property develops in the future. future.. 4.8 Operate Timber Creek Recycling on the Property as is currently conducted or may be conducted in the future. The following outlines the primary activities, but not all activities, related to the operation of Timber Creek Recycling on the Property: 4.8.1 Recycled Materials. Timber Creek Recycling receives the following materials (collectively "Recycled Materials"): a) Wood. Wood is delivered to the Property from the Ada County Landfill and Republic Services. Owner/Developer is allowed to have up to twenty (20) truckloads of wood delivered to the Property daily. b) Grass. Grass clipping are delivered to the Property from Republic Services. Owner/Developer is allowed to have up DEVELOPMENT AGREEMENT - 4 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 470 of 652 to five (5) truckloads of grass clippings delivered to the Property daily. c) Leaves. Leaves are delivered to the Property from the Ada County Landfill. Owner/Developer is allowed to have up to ten (10) truckloads of leaves delivered to the Property daily. d) Sheetrock. Sheetrock is delivered to the Property from Republic Services. Owner/Developer is allowed to have up to five (5) truckloads of sheetrock delivered to the Property daily. e) Other Materials. Owner/Developer is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 4.8.1(a) through4.8.1(d) or are intended for agricultural uses. Owner/Developer will be allowed a reasonable number of truckloads of these other materials per day, but in no event to increase the existing number of truckloads per day by forty percent 40%) for each new material. 4.8.2 Recycling Activities. Owner/Developer is entitled to continue to accept, process and utilize the Recycled Materials as is currently done on the Property. For purposes of clarity, but not limitation, the following are the primary uses of the Recycled Materials: a) Wood. Wood is ground, screened and stored on the Property until used for bedding. Excess ground wood may be sold following Owner/Developer's current business model and operations (wholesale without advertising signage) unless Owner/Developer complies with the applicable provisions of the Meridian City Code. Owner/Developer is not limited to the number of truckloads of ground wood from the Property per day. b) Grass. Grass is utilized as feed for livestock, as a soil amendment, and for other agricultural use on the Property. c) Leaves. Leaves are processed and used on the Property as soil amendment. Prior to processing, the leaves are store in piles on the Property. Owner/Developer will comply with requirements from the Idaho Department of Environmental Quality, if any, in preventing substantial numbers of leaves from being blown offof the Property. DEVELOPMENT AGREEMENT - 5 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 471 of 652 d) Sheetrock. Sheetrock is ground with wood and stored on the Property until used for bedding or soil amendment. e) Other Materials. Owner/Developer will process and utilize any additional recyclable materials on the Property in a reasonable manner, 4.8.3 Termination of Recycling Operations. The above listed recycling activities on the Property will cease, unless permitted in the UDC: a) Upon the conveyance of the Property to a third party; provided, however, that the conveyance of the Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate family member of any member of the Owner/Developer; or 3) to an affiliated entity, will not trigger the elimination of the uses permitted in this Section 4.8. 3. For purposes of this Section 4.8. 3, an "affiliated entity" is an entity: (a) which is a successor to Owner/Developer by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer's assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or b) Within thirty (30) days of the latter of: i) the City of Meridian granting a Certificate of Occupancy to any residential or commercial development within 1000 feet of the grinding machine located on the Property, as approximately depicted on the attached Exhibit C; or ii) notice of the granting of a Certificate of Occupancy being delivered to Owner/Developer. 4.9 Construction or completion of two sheds on the Property to replace a shed which burned down in 2015. The approximate dimensions of the sheds are eighty feet by eighty feet (80'x80') and sixty feet by one hundred twenty feet (70'x160'). Construction has commenced on these sheds or will commence within one year of annexation. The construction of the sheds shall not constitute " development" as defined in Section 3.4. 5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT - 6 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 472 of 652 5. 1.1 Future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 5.1.2 Future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 5.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 5.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 6. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 6.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the city designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: a) Water Mains; and b) Sewer Mains; and c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "C", incorporated by reference to this Agreement. 6.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 6.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder DEVELOPMENT AGREEMENT - 7 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 473 of 652 Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: a) Acts of God; or b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or e) Economic limitations, as prescribed by law; or f) Permitting limitations or denials; or g) The inability to acquire the necessary easements for the Utility Extension; or h) Geology and/or geography of the area; or i) Weather conditions that may cause delay; or j) Unavailability or delay of materials for the Utility Extension; or k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or 1) Labor disputes, strikes, work stoppages; or m) Limitations by other governmental, semi -governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 6.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 6.2 due DEVELOPMENT AGREEMENT - 8 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 474 of 652 to the occurrence of any of the conditions set forth in Sections 6.2(a) to 6.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC, 6.4 This Agreement is part of an application for the simultaneous annexation of numerous parcels. This Agreement shall be null and void if the annexation of the Property or any other of the parcels to be simultaneous annexation is not approved. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 7.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non -defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 7.3 Remedies. 7.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de -annex the Property. DEVELOPMENT AGREEMENT - 9 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 475 of 652 7.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 7.2, the City shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re -zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. DEVELOPMENT AGREEMENT - 10 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 476 of 652 12. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de -annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This DEVELOPMENT AGREEMENT - 11 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 477 of 652 Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt an ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] DEVELOPMENT AGREEMENT - 12 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 478 of 652 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & urgoitio, LLC 7r.e41-4 7/ B B IJ%i12Date: Name: Title: me v -' CITY OF MERIDIAN: Date: 11 Zco frb By: Mayor Tier De Weers ATTEST: 41110 I J/-- Jaycee L. a lman, City Clerk at DEVELOPMENT AGREEMENT - 13 02872 0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 479 of 652 STATE OF IDAHO ss. County of Ada On this 1E1/46 day of August, 2015, before me, A(,!CA1i`k-1C1c rc_ ,-- a Notary Public in and for said State, personally appeared ba..r J - U. 1/V1 u f u( ` known or identified to me to be the manager or a member of L & G Murgoiti6, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ALliatu gliu2A4:(,) Notary Publ' for Idaho Residing at I SQ 1 o My commission expires STATE OF IDAHO ss. County of Ada On this R(O day of \\p.m..ko. ,-.2{3-1-5, before me, a Notary Public, personally appeared Tammy De Weerd and Jaycee L olman, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ca ,% JO •'51111111..• '• Notar_Pub is orr • Residing at k o x' J AIMS)/My commission expires \\a r) LI , coo O 474`OF IDS'.•' DEVELOPMENT AGREEMENT - 14 02872 0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 480 of 652 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC - PARCEL NO. 1 A parcel located in the E Y of the SE X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SEX, from which an aluminum cap monument marking the northeasterly corner of the SE X of said Section 6 bears N 004'44" W a distance of 2655.72 feet; Thence N 8921'59" W along the southerly boundary of said E % of the SE X a distance of 1323.88 feet to the southwesterly corner of said E X of the SE X; Thence N 002'17" W along the westerly boundary of said E % of the SE X a distance of 2655.45 feet to the northwesterly corner of said E % of the SE X; Thence S 8922'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E % of the SE %; Thence S 0°0444" E along the easterly boundary of said E % of the SE X a distance of 2655.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 481 of 652 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC — PARCEL 2 A parcel located in the NE % of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NE %, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE % bears S 001'18" W a distance of 2674.72 feet; Thence S 001'19" W along the westerly boundary of said NE % a distance of 1854.47 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 7830'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; Thence N 43000'20" E a distance of 108.41 feet to a 5/ 8 inch diameter iron pin; Thence N 68036'37" E a distance of 694.84 feet to a 5/ 8 inch diameter iron pin; Thence S 4602'31" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6459'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 022'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence N 49°5959" W a distance of 27.38 feet to a point; Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 2512'16" W a distance of 135.17 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve left, said curve having a central angle of 4400'19" and a long chord bearing N 47012'25" W a distance of 149.86 feet to a point; Page 1 of 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 482 of 652 Thence N 69°12'35" W a distance of 194.76 feet to a point; Thence leaving said centerline N 000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron pin on the northerly boundary of said NW %; Thence N 89°56'47" W along said northerly boundary a distance of 287.51 feet to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 483 of 652 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE E 1/2 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CE 1/16 1/4 S 89 22'37" E 1321.98' Q SCALE: l`--400' C7 h VLBcGMURGOIT/O, LLC PARCEL 1 N h h N N SE 1/16 S 1/16 N O o O O Z COLUMBIA ROAD 6 5 E 1/16 N 89 21 '59" W 1323.88' 7 8 LA Np POINT OF BEGINNING ONPL G\ST ER G o -c a 5082 CIVIL SURVEY CONSULTANTS, INC. Io/Il f-o 2893 SOUTH MERIDIAN ROAD r£OF P FNHK. MERIDIAN, IDAHO 83642 BENNE 208)888-4312 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 484 of 652 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 N 89 5647" W POINT OF 287.51 ' • 1110 E 1/16 BEGINNING SCALE- I" JOO' oL&G MURGOIT/O, LLC N N o ^ PARCEL 2 0 L NPL LAND ms G\ST,FR G k oma. 5082 0, "r£ of oP Al s \ lFNN K. BENNE 69. 84 N 68.36,3 0"' + \ L-5 L-4 C, • V N LINE DATA ro LINE BEARING DISTANCE L-1 S 78'30'02" E 191.66' CIVIL SURVEY CONSULTANTS, INC. L-2 N 43'0020" E 108.41' C 1/4 • 2893 SOUTH MERIDIAN ROAD L-3 S 645920" E 64.46' L-4 N 0'2235" W 32.24' MERIDIAN, IDAHO 83642 L-5 N 49'5959" W 27.38' 208)888-4312 L-6 N 25'12'16" W 135. 17' L-7 N 69'1235" W 1 194.76' L-8 N 0'00'01 " E I 104.32' CURVE DATA CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BRNG. C-1 44'0019" 1 200.00 1 153.61 80.82 149.86 N 47'1225" W EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 485 of 652 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 486 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C WEgIDIANI", In the Matter of the Request for Annexation of Approximately 1322.14 Acres from RUT in Ada County to the R-4 (Medium Low-density Residential) (1241.10 Acres), R-8 (Medium Density Residential) (10.37 Acres), R-15 (Medium High-density Residential) (30.10 Acres) and C -G General Retail and Service) (40.57 Acres) zoning districts, for South Meridian, by City of Meridian Planning Division. Case No(s). H-2015-0019 For the City Council Hearing Date of. December 15, 2015 (Findings on January 5, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0019 1- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 487 of 652 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Agency Comments all in the attached Staff Report for the hearing date of December 15, 2015, incorporated by reference. These are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation is hereby approved per the Agency Comments in the attached Staff Report for the hearing date of December 15, 2015, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015- 0019 2- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 488 of 652 By action of the City Council at its regular meeting held on theday of , 2016. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED j COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD - VOTED TIE BREAKER) G¢ Qo' CUD ar my de Weerd Attest: " City of aw tiP e Ho a , Clerk re: rne s Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: Dated: / Z' City C erk's Of Ic CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0019 3- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 489 of 652 EXHIBIT A STAFF REPORT w T Hearing Date: December 15, 2015 L, 1 I-- TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: South Meridian — H-2015-0019 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Division, with consent from all of the subject property owners, has applied for annexation of approximately 1322.14 acres of land from the RUT zoning district in Ada County to the R-4 (Medium -low density residential) (1241.10 acres); R-8 (Medium -density residential) (10.37 acres); R-15 (Medium high-density residential) (30.10 acres) and C -G (General retail and service) (40.57 acres) zoning districts. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on November 19. 2015. At the Dublic hearing. the Commission voted to recommend aDDroval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division (Caleb Hood). Mari Taysom. Robin Willeman. Brian White(neutral); Carl and Bonnie Reiterman, Susan Blomberg, Kurin Ramis and Cynthia Davis ii. In opposition: Ronald Galloway iii. Commenting: Kent Mills, Gary Hanson (opposition), Jay Christensen, Dave Taysom, Gordon Hamilton and Aaron Raay iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. District boundaries between the established Fire Districts, the Kuna School District and West Ada School District and how/if those are affected with the proposed annexation boundary. ii. Future development of the City park site. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian Citv Council heard this item on December 15. 2015. At the public hearing. the ncil approved the subject AZ r South Meridian AZ — H-2015-0019 PAGE- 1 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 490 of 652 EXHIBIT A a. Summary of City Council Public Hearing: i In favor: Planning Division (Caleb Hoodl jj. In opposition: None iii. Commenting: Kent Brown iv. Written testimony: None Y, Staff presenting application: Caleb Hood vi. Other staff commenting on application: Warren Stewart and Bill Nary b. Key Issues of Discussion by Council: L Execution of sewer easements on private properties that are within the first phase utility extension. ii. The language of the default clause in the development agreement and how that affects the annexation of subject properties if the public infrastructure is not extended within established tjme perjods. iii. Ability to rezone some of the subject properties in the future. jv. Using the Comprehensive Plan to inform residents of the future development potential f the properties requesting annexation. r,, Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0019, as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0019, as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject properties are generally located along W. Amity Road, east of S. Linder Road, west of S. Eagle Road and north of E. Columbia Road in Section 25, Township 3 North, Range 1 West; Section 36, Township 3 North, Range 1 West; Section 1, Township 2 North, Range 1 West; Section 6, Township 2 North, Range 1 East; Section 31, Township 3 North, Range 1 East; Section 32, Township 3 North, Range 1 East and Section 5, Township 2 North, Range 1 East. B. Owner(s): The proposed annexation is comprised of 42 parcels owned by 22 different property owners. Please see application for a list of all property owners. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 South Meridian AZ — H-2015-0019 PAGE 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 491 of 652 EXHIBIT A D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2, and November 16, 2015 (Commission); November 23, and December 7, 2015 (Council) C. Radius notices mailed to properties within 300 feet on: October 22, 2015 (Commission); November 20, 2015 (Council) D. The properties were posted on: November 6, 2015 (Commission); December 2, 2015 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are generally rural residential in nature. Some are developed with residences or are being farmed; several of the properties have commercial/industrial type uses operating from them. All properties are currently zoned RUT Ada County. B. History of Previous Actions: NA C. Utilities: There are two phases in which the infrastructure will be extended. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. These commitments are memorialized in the development agreements signed by the property owners. D. Physical Features: Canals/Ditches Irrigation: The Rawson Canal, Farr Lateral, Calkins Lateral, Carlson Lateral, Beckdolt Lateral, McBirney Lateral and various other irrigation ditches transverse the subject properties. Hazards: A 75 -foot easement for the Williams -Northwest Pipeline Corporation transverses through a portion of the properties west of S. Meridian Road proposed for annexation. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS There are 1,322 acres on 42 parcels included with the annexation request. While a majority of the properties are planned for residential, there are seven (7) distinct land use designations shown on the Future Land Use Map. The subject properties have the following land use designations: 1) "Low Density Residential" (LDR) - The LDR designation properties are envisioned to develop with single family homes on large lots at anticipated densities of 3 dwelling units or less per acre. 2) "Medium Density Residential" (MDR) - The MDR designation also envisions single family homes on smaller lots at anticipated densities of 3 to 8 dwelling units per acre. South Meridian AZ — H-2015-0019 PAGE 3 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 492 of 652 EXHIBIT A 3) "Medium High Density Residential" (MHDR) - The MHDR designation envisions residential developments consisting of townhomes, condominiums, and apartments at anticipated densities of 8 to 15 dwelling units per acre. 4) "Mixed-use Community (MU -C) and Mixed-use Regional" (MU -R) - In the broader content of these mixed use areas, the Comprehensive Plan envisions these areas to develop, including but not limited to, the following characteristics: Residential densities at a minimum of 6 dwelling units to the acre; Where feasible higher density along SH 69 to serve employment destination centers; A conceptual site plan; Provide community serving facilities such as hospitals, schools, parks, public safety facilities and churches; Provide some form of common, usable area, such as a plaza or green space; Landscape buffering between commercial and existing low or medium density residential; Three different types of land uses and; Be accessible to neighborhoods by both vehicles and pedestrians. Provide street sections consistent with the Ada County Highway District's Master Street Map. 5) "Mixed-use Non-residential" (MU -NR) — The MU -NR designation envisions areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned/or existing uses in these areas. Sample uses include a mix of employment, professional offices, warehousing, flex buildings and storage uses.. 6) "Civic" — The purpose of this designation is to preserve and protect existing and municipal, state and federal lands for area residents and visitors. Sample uses include parks, sites for public utilities and public schools. The City, at the request/consent of the property owners, is proposing to annex approximately 1,322 acres of land with the R-4, R-8, R-1 5 and C -G zoning districts. It is envisioned that some of the subject properties will seek re -zoning consistent with the Future Land Use Map (FLUM) designations in the future. At this time, no development is proposed with the subject annexation request and therefore a vast majority of the property (1,241 acres) is proposed to be annexed as R-4. All of the subject property owners have signed a Development Agreement (DA) that will be executed if the subject annexation is approved. Within each DA is a requirement that any proposed development plan be reviewed and approved as an amendment to the executed Development Agreement. Upon development/re-development of all these properties in the future, adherence to the characteristics of their respective land use designation described above will be required. Staff also finds the following generally Comprehensive Plan policies to be applicable to this application (staff analysis in italics): Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services." (3.04.01 H) With the accompanying annexation application, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. See Exhibit B). Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) South Meridian AZ — H-2015-0019 PAGE 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 493 of 652 EXHIBIT A Much of this area is rural in nature. A majority of the properties contained within the annexation boundary are designated for residential uses and will be zoned with a residential zone. Under the R-4, R-8 and R-15 zoning districts a mix of residential housing is allowed in these districts that should provide additional housing choices in the area, when development is proposed in the future. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) No permits are requested and none are being approved with this application. As mentioned above, this is not the final approval for any of the subject properties; urban service availability will be evaluated when development is proposed. As part of the subject application, the City of Meridian is proposing to extend sewer service into this area, to just south ofAmity Road at Meridian Road. Water, fire, police, parks and other urban services will be evaluated for each property when development is proposed. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) Future development of these properties will be required to comply with the City's subdivision standards in UDC 11-6C-3 and ACHD's Master Street Map and street section standards to provide an appropriate street network for this area ofMeridian. Implement the City's Pathways Master Plan." (5.03.01A) The Comprehensive Plan depicts a 10 foot pathway through numerous properties in this area. When future development is proposed, the developer will be required to construct segments of the]Ofoot wide multi -use pathway in accord with the City's Master Pathways Plan. Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.05.01I) A portion ofproperties south ofMeridian Road are impacted by a 75 foot wide Williams - Northwest pipeline easement. Staff will transmit applications to the gas company when future developments) come forward. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. Require adequate fees from new development to fund expansion of services." (6.02.01C) With any future development of the subject properties, the developer will be required to pay impact fees to the City (fire, police and/or parks) and ACHD (traffic) to help fund the expansion of City services and future road improvements. Enforce City Codes." (3.05.02D) Future development of these properties will be required to comply with all City codes in effect at the time of application submittal. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential and Commercial Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are South Meridian AZ — H-2015-0019 PAGE 5 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 494 of 652 EXHIBIT A distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C -G zoning district in close proximity and/or access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and UDC 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8, R- 15 and C -G zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: All future development on any property subject to this annexation should be consistent with the dimensional standards listed in UDC Table 11 -2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3 for the R-4, R-8, R-15 and C -G zoning districts. D. Subdivision Design and Improvement Standards: Any development proposed for the vacant properties in the future must comply with the subdivision design standards outlined in UDC 11- 6C-3. E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC l 1-3G) will apply to any future proposed development. F. Future development of the proposed C -G zoned property must comply with the design standards in effect at the time of application submittal. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The City of Meridian (City), in association with the subject property owners, is proposing to annex 1322.14 acres of land contiguous with the City corporate boundaries and within Meridian's Area of City Impact (AOCI). The subject annexation meets the eligibility requirements for a Category A annexation classification as set forth in Idaho Code §50-222; the subject annexation is being processed in accord with State Code. The proposed annexation is comprised of multiple properties owned by multiple parties. Each property owner has submitted consent to annex form. These written consent to annex forms have been recorded. These property owners desire to annex so their respective properties can be developed to urban densities at some time in the near future. However, no development is proposed at this time. As noted above in the Comprehensive Plan section, multiple land use designations exist on the subject properties. The proposed zoning designations for the area are as follows: R-4 (1241.10 acres); R-8 (10.37 acres); R-15 (30.10 acres) and C -G (40.57 acres). Staff believes the requested zones are generally consistent with the Future Land Use Map designations noted in Section XIII above. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Pursuant to Idaho Code §67-6511 A, the City may require a development agreement (DA) in conjunction with an annexation. In order to ensure the subject properties develop consistent with the policies and codes of the City, staff recommends a DA as a provision of annexation. South Meridian AZ — H-2015-0019 PAGE 6 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 495 of 652 EXHIBIT A Over the past year, City Staff has worked with the subject property owners to develop an annexation plan. As mentioned previously, each of the property owners has submitted a signed consent to annex form and development agreements that address current uses and future development of their properties. Each development agreement is customized for the owner and parcel. Some provisions within the development agreements vest owners with land uses and/or operations that are not typically allowed within City limits. For example, some of the properties currently have livestock. In these situations, the development agreement allows that use to continue until development occurs. Further, typically with annexation, existing structures are required to hook-up to services and switch to the City's solid waste schedule. However, in this case, existing structures will not be close enough to hook-up and changing solid waste at this time did not make sense; these and other City Code provisions will be enforced when development occurs. Essentially, the agreements allow the current land uses and operations to continue until development is proposed within the City. Part of the annexation plan involved an active role by the Public Works Department to ensure extension of City utilities, specifically sewer and water. There are a couple of different sewer sheds in this area. Sewer trunks currently existing in Meridian Road near the Victory Road intersection and in Linder Road near the Ridenbaugh Canal (see attached South Meridian Conceptual Plan). Within each Development Agreement is a section titled "Commitments and Conditions by the City of Meridian". This section outlines the advancement of sewer and water infrastructure for the benefit of the subject properties. This section explains the City's role in planning, designing and construction of infrastructure over time. There are two phases in which the infrastructure will be installed. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. NOTE: These extensions of utilities are not comprehensive and will not allow all of the subject properties to develop immediately after installation. Additional extension of these utilities is needed in the future. It is envisioned that the additional extension of these utilities be done by/with developers in the future. The future development of these properties will have to adhere to the characteristics of their underlying land uses and all City of Meridian ordinances in effect at the time of development, including any necessary utility extensions. A more thorough review of development and utility plans will occur once development is proposed for the subject properties. Staff finds annexation of the subject properties are necessary to assure the orderly development of the City and recommends approval of the proposed annexation request in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Maps 2. Future Land Use Map 3. Exhibit Map of Annexation Boundary 4. South Meridian Conceptual Plan B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code South Meridian AZ — H-2015-0019 PAGE 7 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 496 of 652 EXHIBIT A A. Drawings 1. Vicinity Map South Meridian AZ—H-2015-0019 PAGE 8 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 497 of 652 EXHIBIT A 2. Future Land Use Map South Meridian AZ — H-2015-0019 PAGE 9 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 498 of 652 EXHTBTT A 3, Exhibit Map of Annexation Boundary EXHIBIT F SIM 7 CH TOACCOMPANY2VNINGDESCRIP77ONS FOR THE CITY OFMERDhWL0 4TEDIN SEC77CWS SAND B, 70WNSHIP2 N0 77Y,, RANGE 1 EAST, SEC77ON 1, TOWNSHIP2NORM, RANGE 1 WEST, SECTIONS 31 AND 32, 7VWNSHIP3 NOR 7H- ,, RANGE 1 EAST, SEC77OMS25AND 36, TOWNSHIP3NORTH,, RANGE 1 WEST, BOISEMERIDIAN, ADA COUNTY, IDAHO LEGEND 4 7 tia RON L• 77+ r d 1 i'p 4 . ti o , r4wM o a s•oc o y4, South Meridian AZ — H-2015-0019 PAGE 10 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 499 of 652 4. South Meridian Conceptual Flan W 1''i Feet I EXHIBIT A M E 13U. 17Y7 ishgrsriiJtY`i y • i Legend _ +'r AlfTlfr K Arrityd F Sting Sewer ` 1 r r Future Phase 1 Sevres \ Future Phase 2 Sewer 4 1 Phase 1 Area P Phasa 2 Area Kuna CIty Limits rw MaridianCity rnite o Df ti r T r UY c4 MsddlRn uukas no reprarwnebm w wnr7rRies, ecTressed or InlPlied as ffl tho aca-raCV. Camplatanetz, timdr- Q rights to usa If ihis Hwmudm, City of Memlian shall rd bts faUo far nwcraecles wm1 uw. Fubura phase sewer lamrinn€ wa pnmllzsd ead wl>jad to grudRQWn. South Meridian Conceptual Flan hfa m -p is ma* Flom dr#a ospYnahled byAl. C..*Ada CsuntY!OWO tent be Ilabrefbr nacaaapes wmisuse of this trop, hops bsiving this flis" mer may be photampled trimly liorever, use In sryrnlg Gdf*'M r0gsresthe wriltenpermissim ofAda County. C44{ ;P ri gmtat111111 I CJ 4A South Meridian AZ — H-2015-0019 PAGE 11 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 500 of 652 EXHIBIT A B. AGENCY AND DEPARTMENT COMMENTS 1. PLANNING DIVISION 1.1 Annexation - Comments 1. 1.1 All property owners shall execute a development agreement with the City of Meridian prior to annexation into the City. 1. 1.2 Any development of land containing the 75 -foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. 1.1.3 Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. 1.1.4 Any future development shall comply with all bulk, use, and development standards of the R-4, R-8, R-15 and C -G zoning districts listed in Title 11, Chapter 2. 2. PUBLIC WORKS DEPARTMENT 2.1 As part of the annexation plan, the Public Works Department was actively involved to ensure extension of City utilities, specifically sewer and water. Within each Development Agreement is a section titled "Commitments and Conditions by the City of Meridian" as follows: The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation and; The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on the subject application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on the subject application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on the subject application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. South Meridian AZ — H-2015-0019 PAGE 12 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 501 of 652 C. Legal Description and Exhibit Maps EXHIBIT A EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO A parcel located in the W % and the NE X of Section 5, Township 2 North, Range 1 East, Boise Meridian, Section 6, Township 2 North, Range 1 East, Boise Meridian,. the NE Y of Section 1, Township 2 North, Range 1 West, Boise Meridian, the E % and the NE Y. of the NW'/. of Section 36, Township 3 North, Range 1 West, Boise Meridian, the SE % of the SW X of Section 25, Township 3 North Range 1 West, Boise Meridian, Section 31, Township 3 North, flange 1 East, Boise Meridian, and the SW Y. of Section 32, Township 3 North, Range 1 East, Boise Meridian, AdaCounty, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said Section 6; Thence N 89°21'59" W along the southerly boundary of said Section 6 a distance of 2647.76 feet to an aluminum cap monument marking the southwesterly corner of the SE % of said Section 6; Thence N G'00'10" E along the westerly boundary of said SE l a distance of 1327.59 feet to the southeasterly corner of the NE Y4 of the SW 34 of said Section 6; Thence N 89°17"26" W along the southerly boundary of said NE J of the SW Y. a distance of 1331.53 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of said NE Y of the SW Y4; Thence N 0"27' 37" E along the westerly boundary of said NE'/ of the SW ! a distance of 1325. 33 feet to a brass cap monument marking the northwesterly corner of said NE Y, of the 5W'/; Thence S 8923'05" E along the northerly boundary of said NE Ya of the SW % a distance of 1320.92 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of the SW "/ of the NE Y4 of said Section 6; Thence N 0'00'19" E along the westerly boundary of said SW'/. of the NE X a distance of 1324.27 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SW % of the NE %; Thence S 89°27'40" E along the northerly boundary of said SW Y4 of the NE % a distance of 1321.03 feet to a 5/8 inch diameter iron pin marking the northeasterly corner of said 5W Y4 of the NE %; Thence S 0'02' 48" E along the easterly boundary of said SW J of the NE'/ a distance of 626.48 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Page 1 of 12 South Meridian AZ —H-2015-0019 PAGE 13 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 502 of 652 EXHIBIT A Thence 5 68`21'07" W a distance of 83.05 feet to a point; Thence S 58917'20" W a distance of 78.37 feet to a point; Thence 5 45*03'54" W a d istance of 112.64 feet to a point; Thence S 24"12'25" W a distance of 318.61 feet to a point; Thence 5 7'46'16" W a distance of 61.54 feet to a point; Thence S 12°36'26" E a distance of 60.29 feet to a point; Thence S 30'39'02" E a distance of 415.51 feet to a point; Thence 5 19`39'30" E a distance of 279.77 feet to a point; Thence 5 29' 39'25" E a distance of 59.76 feet to a point; Thence 5 41' 56'40" E a distance of 62.27 feet to a point; Thence 5 52°05' 27" E a distance of 62,16 feet to a point on the westerly boundary of the NE N of the SE'! of said Section 6; Thence leaving said centerline N 0'£12'17" W along said westerly boundary a distance of 631.35 feet to the southwesterly corner of the 5E'/. of the NE Y4 of said Section 6; Thence N 0"02'08" W along the westerly of said SE Y of the NE X a distance of 699.75 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary N 78° 25' 56" E a distance of 172.22 feet to a point; Thence N 5455'21" E a distance of 85. 30 feet to a point; Thence N 31" 51'13" E a distance of 102.72 feet to a point; Thence N 10"25'11" E a distance of 390.20 feet to a point; Thence N 5`26' 51" W a distance of 113.22 feet to a point; Page 2 of 12 South Meridian AZ —H-2015-0019 PAGE 14 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 503 of 652 EXHIBIT A Thence N 18' 56"19" W a distance of 293.97 feet to a point; Thence N 32"08'37" W a distance of 102.04 feet to a point; Thence N 61°32'56" W a distance of 114.87 feet to a point; Thence N 74'58'41" W a distance of 54.41 feet to a point; Thence leaving said centerline N 0"02' 08" W a distance of 862..34 feet to a 5/ 8 inch diameter iron pin on the southerly boundary of the SE X. of said Section 31; Thence N 89" 42'18" W along the southerly boundary of said SE X a distance of 1370-03 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said 5E/; Thence N 0"16'58" E along the westerly boundary of said 5E'/s a distance of 2684.95 feet to a stone marking the southeasterly comer of the NW % of said Section 31;. Thence S 89"57'01" W along the southerly boundary of said NW Y. a distance of 1645.37 feet to a point; Thence leaving said southerly boundary N 5°34'57" W a distance a distance of 142.10; Thence N 40"14' 52" W a distance of 207.58 feet to a point; Thence S 89`57'03" W a distance of 711.02 feet to a point on the westerly houndary of said NW l; Thence S 037'40" W along said westerly boundary a distance of 300.02 feet to brass cap monument marking the northwesterly corner of Government Lot 3 of said Section 31; Thence S 0°05' 05" E along the westerly boundary of said Government Lot 3 a distance of 1334,93 feet to the southwesterly corner of said Government Lot 3; Thence S 89`53' 05" E along the southerly boundary of said Government Lot 3 a distance of 1191.13 feet to a stone monument marking the northwesterly corner of the SE Y. of the SW Y. of said Section 31; Thence S 0"02'00" E along the westerly corner of said 5E'/. of the SW X a distance of 1338.69 feet to a 5/8 inch diameter iron pan marking the northwesterly corner of the E % of the NLN Y. of said Section 6; Page 3of12 South Meridian AZ —H-2015-0019 PAGE 15 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 504 of 652 EXHIBIT A Thence S 0°26'46" W along the westerly boundary of said EY, of the NW 'Y a distance of 2645.45 feet to a brass cap monument marking the southeasterly corner of Government Lot 5 of said Section 6; Thence N 89"23' 05" W along the southerly boundary of said Government Lot 5 a distance of 1208.74 feet to an aluminum cap monument marking the southwesterly corner of said Government Lot 5; Thence N 0"51'13" E along the westerly boundary of said Government Lot 5 a distance of 368.45 feet to a point; Thence leaving said westerly boundary N 89"50'22" E a distance of 205.00 feet to a '/2 inch diameter iron pin; Thence S O'51'13" W a distance of 50.00 feet to a h inch diameter iron pin; Thence N 89`50' 22" E a distance of 190.40 feet to a Y2 inch diameter iron pin; Thence N 0'51'13" E a distance of 150.00 feet to a Y2. inch diameter iron pin; Thence S 89°50' 22" W a distance of 395.40 feet to a point on the westerly boundary of said Government Lot 5; Thence N 051'13" E along said westerly boundary a distance of 687.31 feet to a point on the centerline of the Meridian Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary 5 80"55'41" W a distance of 359.01 feet to a point; Thence S 65`13'12" W a distance of 115.62 feet to a point; Thence 5 55`17'04" W a distance of 137.84 feet to a point; Thence N 50' 45'40" W a distance of 111.90 feet to a point; Thence N 23'19' 53" W a distance of 105.88 feet to a point; Thence N 60°00'15" W a distance of 247.58 feet to a point; Thence leaving said centerline N 052'35" E a distance of 75.58 feet to a 518 inch diameter iron pin on the southerly boundary of Government Lot 1 of said Section 1; Page 4 of 12 South Meridian AZ —H-2015-0019 PAGE 16 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 505 of 652 EXHIBIT A Thence 5 88"49'30" E along said southerly boundary a distance of 262.38 feet to a 5j8 inch diameter iron pin marking the southwesterly corner of Lot 2 of STUCKER SUBDIVISION as shown in Book 62 of Plats at Page 6134 in the office of the Recorder, Ada County, Idaho; Thence leaving said southerly boundary N 0°53' 24" E along the westerly boundary of said Lot 2 a distance of 131$.34 feet to a point on the northerly boundary of the NE'/ of said Section 1; Thence N 89°03' 22" W along said northerly boundary a distance of 69992 feet to a point on the extension of the easterly boundary of Lot 4 of LAKE HAZEL ESTATES as shown in Book 29 of Plats at Page 18010 in said office of the Recorder; Thence leaving said northerly boundary 5 0°53'24" W along said easterly boundary distance of 657.80 feet to a Yx inch diameter iron pin marking the southeasterly corner of said Lot 4; Thence N 88'56' 24" W along the southerly boundary of Lots 3 and 4 of said LAKE HAZEL ESTATES a distance of 639.64 feet to a% inch diameter iron pin marking the southwesterly corner of said Lot 3; Thence 5 0°54'08" W along the easterly boundary of Lots 6 and 7 of said LAKE HAZEL SUBDIVISION a distance of 656.46 feet to a Yz inch diameter iron pin marking the southeasterly corner of said Lot 7; Thence N 88°49'40" W along the southerly boundary of said Lot 7 a distance of 664.77 feet to a Ys inch diameter iron pin markingthe southwesterly corner of said Lot 7; Thence N 0'54'50" E along the westerly boundary of said Lots 6 and 7 a distance of 655.56 feet to a Y2 inch diameter iron pin marking the northwesterly corner of said Lot 6; Thence S 88°56' 24" E along the northerly boundary of said Lot 6 a distance of 332.02 feet to a inch diameter iron pin marking the southwesterly corner of Lot 2 of said LAKE HAZEL ESTATES; Thence N 0'55' 56" E along the westerly boundary of said Lot 2 a distance of 655.83 feet to a point on the southerly boundary of said E l of Section 36; Thence N 89"03'22" W along said southerly boundary a distance of 332.23 feet to an aluminum cap marking the southwesterly corner of said E %; Thence N 0"26'40" E along the westerly boundary of said E Y2 a distance of 2655.41 feet to a 5j8 inch diameter iron pin marking the northwesterly corner of the SE % of said Section 36; Thence continuing along said westerly boundary N 4"33' 10" E a distance of 1327.40 feet to the southeasterly corner of said NE Y. of the NW Y/ of said Section 36,- Page 6; Page 5 of 12 South Meridian AZ —H-2015-0019 PAGE 17 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 506 of 652 EXHIBIT A Thence N 89' 28'43" W along the southerly boundary of said NEY4 of the NW !I a distance of 1327.20 feet to the southwesterly corner of said NE Y. of the NW'/; Thence N 0'37'46" E along the westerly boundary of said N E 1. of the NW ti a distance of 1325.97 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said 5E Y of the SW'/. of Section 25; Thence N 0"29'29" E along the westerly boundary of said SE Y of the SW y a distance of 1325.12 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SE'/ of the SW 35; Thence S 89°29'35" E along the northerly boundary of said SE Y of the SW J a distance of 644.67 feet to a 5/ 8 inch diameter iron pin; Thence leaving said northerly boundary 5 0°27'31" W a distance of 1324.59 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SE'/. of the SW %; Thence along said southerly boundary 5 89°32' 25" E a distance of 680.00 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said E'/x of Section 36; Thence S 89'04'32" E along said northerly boundary a distance of 490.39 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary 5 45'31' 22" E a distance of 45874 feet to a 5j8 inch diameter iron pin; Thence 5 26` 33'24" E a distance of 417.44 feet to a point on the centerline of the Belle Sub Lateral; Thence along said centerline the following described courses: Thence S 33°50'24" W a distance of 339.76 feet to a point; Thence 5 16°42'19" E a distance of 363.90 feet to a point on the northerly boundary of the 5W l of the NE % of said Section 36; Thence leaving said centerline 5 89°11'57" E along said northerly boundary a distance of 377.58 feet to a X inch diameter iron pin marking the northwesterly corner of the SE'/ of the NE/; Thence S 89'14'22" E along the northerly boundary of said SE % ofthe NE Y. a distance of 1317.70 feet to the northeasterly corner of said SE Y. of the NE Y; Page 6 of 1.2 South Meridian AZ —H-2015-0019 PAGE 18 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 507 of 652 EXHIBIT A Thence N 89°38'52" E along the southerly boundary of Government Lot 1 of said Section 31 a distance of 1184.16 feet to a h inch diameter iron pin marking the southeasterly corner of said Government Lot 1; Thence N 0"25'13" E along the easterly boundary of said Government Lot 1 a distance of 207.00 feet to a'/2 inch diameter iron pin; Thence leaving said easterly boundary 5 89'38'52" W a distance of 1183.41 feet to a point on the westerly boundary of said Government Lot 1; Thence N 0°37'40" E along said westerly boundary a distance of 252.22 feet to a point; Thence leaving said westerly boundary S 88"46'29" E a distance of 390.26 feet to a 5/ 8 inch diameter iron pin; Thence S 58'38'40" W a distance of 156.34 feet to a 5/8 inch diameter iron pin; Thence S3'07'10" W a distance of 55. 30 feet to a 5/8 inch diameter iron pin; Thence S 85°18'50" E a distance of 314.35 feet to a 5/8 inch diameter iron pin; Thence N 16'Or40" E a distance of 43.80 feet to a 5/8 inch diameter iron pin; Thence N 38'55'20" w a distance of 147"07 feet to a 5/8 Inch diameter iron pin; Thence N 8°13'20" W a distance of 160.89 feet to a 5/ 8 inch diameter iron pin; Thence S 8922'20" E a distance of 872.30 feet to a 5/8 inch diameter iron pin; Thence S 0'39'17" E a distance of 329.29 feet to a 5/8 inch diameter iron pin; Thence N 81°55'47" E a distance of 357.37 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence a distance of 63. 26 feet along the arc of a 70.00 foot radius non -tangent curve left, said curve having a radius point hearing S 85"10'59" E, a central angle of 51`46'49" and a hang chord bearing S 21' 04' 23" E a distance of 61.13 feet to a point; Thence 5 46°57'48" E a distance of 46.18 feet to a point; Thence S 54' 23'15" E a distance of 180.96 feet to a point; Rage 7 of 12 South Meridian AZ —H-2015-0019 PAGE 19 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 508 of 652 EXHIBIT A Thence a distance of 164.83 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 15°44'26" and a long chord bearing S 62"15'28" E a distance of 164.32 feet to a point; Thence 5 70' 07' 17" E a distance of 122.26 feet to a point; Thence 5 62"03' 10" E a distance of 207.12 feet to a paint; Thence 5 64"59' 29" E a distance of 336.28 feet to a point; Thence S 6714'26" E a distance of 111.90 feet to a point; Thence 5 72' 17'51" E a distance of 84.37 feet to a point; Thence S 78' 54' 10" E a distance of 438.92 feet to a point, Thence 5 75' 55'22" E a distance of 104,15 feet to a point; Thence 5 61°21'23" E a distance of 31.75 feet to a point; Thence 546"09'59" E a distance of 190.04 feet to a point; Thence S 55°48'28" E a distance of 41.26 feet to a point,- Thence oint; Thence 5 62'37' 18!' E a distance of 333.06 feet to a point; Thence 5 49'07' 12" E a distance of 153.12 feet to a point; Thence S 4733'37" E a distance of 227.03 feet to a point; Thence S 54' 34'22" E a distance of 101.94 feet to a point; Thence 5 59°52''59" E a dicta nce of 9 2. 18 feet to a point] Thence S 65`32`49" E a distance of 520.78 feet to a point on the northerly boundary of the 5E % of said Section 31; Thence N 89°57'44" E along said northerly boundary a distance of 323.17 feet to an aluminum cap monument marking the northeasterly corner of said 5E Y; Thence 5 0`32'18" E along the easterly boundary of said 5E A a distance of 226.51 feet to a point on the centerline of the Farr Lateral; Page a of 12 South Meridian AZ —H-2015-0019 PAGE 20 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 509 of 652 EXHIBIT A Thence leaving said easterly boundary S39'43'28!' E a distance of 61.71 feet to a point; Thence S 51°12'28" E a distance of 444.04 feet to a point; Thence S 60'36'06" E a distance of 272.66 feet to a point; Thence S 86`04'27" E a distance of 206.22 feet to a point; Thence 5 73°45'49" E a distance of 301.51 feet to a point; Thence S 4315'49" E a distance of 313.74 feet to a point; Thence S 29"41'09" E a distance of 37.13 feet to a point on the easterly boundary of the W 3i of the SW X of said Section 32; Thence leaving said centerline 5 0"08'21" E along said easterly boundary a distance of 179.59 feet to point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Thence leaving said easterly boundary a distance of 35.65 feet along the arc of a 124.67 foot radius non -tangent curve right, said curve having a radius point bearing N 45'03'58" W, a central angle of 16°22' 56" and a long chord bearing S 53'07'30" W a distance of 35.52 feet to a point; Thence S 61'18'58" W a distance of 91.61 feet to a point; Thence a distance of 111.33 feet along the arc of a 200.40 foot radius curve right, said curve having a central angle of 31" 53' 35" and a long chord bearing S 77" 15' 45" W a distance of 109.90 feet to a point; Thence N 86°47'27"'W a distance of 364.60 feet to a point; Thence S 83'47'10" W a distance of 30.79 feet to a point; Thence S 69°57' 49" W a distance of 131.39 feet to a point; Thence a distance of 183.61 feet along the arc of a 130.00 foot radius curve left, said curve having a central angle of BW55'30" and a long chord bearing 5 29'30'04" W a distance of 168.73 feet to a point; Page 9 of 32 South Meridian AZ —H-2015-0019 PAGE 21 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 510 of 652 EXHIBIT A i hence a aistance or 131.s6 Leet along the arc or a lr,u.UU toot raoius curve cert, Baia curve having a central angle of 47°02'46" and a long chord bearing 5 34'29'04" E a distance of 127.72 feet to a point; Thence S 58°00'27" E a distance of 221.94 feet to a point; Thence 5 69°55'41" E a distance of 512.76 feet to a point on the easterly boundary of said W X of the SW % of said Section 32; Thence leaving said centerline 5 0°04'53" E along said easterly boundary a distance of 409.85 feet to a 12 inch diameter iron pin marking the northwesterly corner of the E % of the NW % of said Section 5; Thence S 89'58'21" E along the northerly boundary of said E Y of the NW % a distance of 983.44 feet to a point; Thence leaving said northerly boundary S 0'02'19" W a distance of 500.00 feet to a point Thence 5 89°58' 21" E a distance of 348.63 feet to a point on the easterly boundary of said E Y of the NW 3:; Thence N 0` 01' 18" E along said easterly boundary a distance of Soo.00 feet to a brass cap monument marking the northwesterly corner of said NE % of Section 5; Thence 5 89"5547" E along the northerly boundary of said NE 1/. a distance of 287.51 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0'00'01" W a distance of 104.32 feet to a point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Thence S 69"12' 35" E a distance of 194.76 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle 44"{}6'19" and a long chord bearing S 47°12'25" E a distance of 149.86 feet to a point; Thence S 25"12'16" E a distance of 135.17 feet to a point; Thence S 22"30'26" E a distance of 1518.71 feet to a point; Page 10 of 12 South Meridian AZ —H-2015-0019 PAGE 22 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 511 of 652 EXHIBIT A Thence S 49°59'59" E a distance of 27.38 feet to a point; Thence leaving said centerline 5 0°22'35" E a distance of 32.24 feet to a paint; Thence N 64'59' 20" W a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 46`02' 31" W a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6836'37" W a distance of 694.84 feet to a 518 inch diameter iron pin; Thence 5 43°00'20" W a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 78"30`02" W a distance of 191.66 feet to a 518 inch diameter iron pin on the easterly boundary of said W'h of Section 5; Thence 5 0°01' 18" W along said easterly boundary a distance of 820.26 feet to a 5/8 inch diameter iron pin marking the southeasterly corner of the NW '% of said Section 5; Thence leaving said easterly boundary N 89' 52' 52" W along the southerly boundary of said NW '/a a distance of 2659.19 feet to an aluminum cap monument marking the northwesterly corner of the SW X of said Section 5; Thence 5 0"04'44" E along the westerly boundary of said 5W Ya a distance of 1782.39 feet to a point on the extension of the northeasterly boundary of Lot 4 of LAREDO ESTATES as shown in Book 58 of Plats at Page 5500 in said office of the Recorder, said boundary also being the centerline of the Rawson Canal; Thence along said northeasterly boundary and centerline the following described courses: Thence S 51°21'41" E a distance of 214.44 feet to a point; Thence S 59°23'41" E a distance of 474.00 feet to a point; Thence 5 87°28'41" E a distance of 78.00 feet to a paint; Thence S 4857'41" E a distance of 738.75 feet to a point on the south erty boundary of said W % of Section 5; Thence leaving said northeasterly boundary and centerline S 8932'37" W along said southerly boundary a distance of 1209.45 feet to the POINT OF BEGINNING. This parcel contains 1,322.14 acres. Page 11 of 12 South Meridian AZ —H-2015-0019 PAGE 23 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 512 of 652 EXHIBIT A NOTe: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K, Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Rage 12 of 12 South Meridian AZ —H-2015-0019 PAGE 24 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 513 of 652 EXHTBTT A EXHIBIT B SKETCH TO A CCOMPANYANNEXA TION DESCRIPTION SKETCH r0ACCOMPANYZOI hW DESCRF770AV FOR THE CITY OF MERIDIAN LOCA TED IN SECTIONS 5AND 6, 70WNSHIP2 NORTH, R4NGE 1 EAST, SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, FC7XW 5AND 8, TOWNSHIP2NOR7H, RANGE f EAST, SECTIONS 31 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTIONS 25AND 36, TOWNSHIP 3 NORTH, R4NGE f WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SECT"MS 31 AAD 32, 7VWNSH1P3AVRTH, RANGE f EAST, NO SC4L-1 BOISEM ERIDWN. AOA COL#RY,104HO LEGEND f f/ / NOT INCLUDED IN ANNEXATION f; u45, j ANNEXA7i0N w 3 BOUNDARY o ` 1 t South Meridian AZ — H-2015- 0019 PAGE 25 EXHIBIT F SKETCH r0ACCOMPANYZOI hW DESCRF770AV FOR 7HECITY OFMERID64NLOC47ED IN FC7XW 5AND 8, TOWNSHIP2NOR7H, RANGE f EAST, SEC77C)N 1, TORNSHIP2NO47hl, RANGE 1 WEST, SECT"MS 31 AAD 32, 7VWNSH1P3AVRTH, RANGE f EAST, SEC770NS25AND34 7Z7WVSHIP3A(0R77j RANGE' f WEST, BOISEM ERIDWN. AOA COL#RY,104HO nro seaL w 3 o ` 1 t LEGEND ?l Ti_f ar R-4 ZONING R-8 ZONING R-15 ZONING O—G ZONING v jY NOT A PART r. South Meridian AZ — H-2015- 0019 PAGE 25 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 514 of 652 EXHIBIT A EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-4 ZONING A parcel located in the W % and the NE 1 of Section 5, Township 2 North, Range 1 East, Boise Meridian, Section 6, Township 2 North, Range 1 East, Braise Meridian, the NE "fa of Section 1, Township 2 North, Range 1 West, Boise Meridian, the E % and the NE % of the NW Y of Section 36, Township 3 North, Range 1 West, Boise Meridian, the 5E J of the SW "/ of Section 25, Township 3 North Range 1 West, Boise Meridian, Section 31, Township 3 North, Range 1 East, Boise Meridian, and the 5W A of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said Section 6; Thence N 89"21'59" W along the southerly boundary of said Section 6 a distance of 2647.76 feet to an aluminum cap monument marking the southwesterly corner of the SE % of said Section 6; Thence N 0°00'10" E along the westerly boundary of said 5E % a distance of 1327.59 feet to the southeasterly corner of the NE Y. of the 5W Y< of said Section 6,- ThenceThence N 89°17'26" W along the southerly boundary of said NE % of the SW A a distance of 1331.53 feet to a 518 inch diameter iron pin marking the southwester#y corner of said NE % of the SW'/; Thence N 027'37" E along the westerly boundary of said NE % of the SW 1 a distance of 1375.33 feet to a brass cap monument marking the northwesterly corner of said NE %; of the SW'/.; Thence S ST23'05" E along the northerly boundary of said NE'/ of the SW "/a a distance of 1320.92 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of the SW Y. of the NE V. of said Section 6; Thence N 0°00`19" E along the westerly boundary of said SW "/. of the NE Y. a distance of 1324.27 feet to a 5/8 inch diameter iron pin m arking the northwesterly corner of said 5W Y of the NE Y; Thence S 89°27'40" E along the northerly boundary of said SW'/ of the NE Y. a distance of 1321.03 feet to a 5/8 inch diameter iron pin m arking the northeasterly corner of said SW Ys of the N E "!; Thence S 0' 02' 08" E along the easterly boundary of said SW N of the NE Y a distance of 626.48 feet to a point on the centerline of the Rawson Canal; Page 1 of 11 South Meridian AZ —H-2015-0019 PAGE 26 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 515 of 652 EXHIBIT A Thence along said centerline the following described courses: Thence S 81'13'00" W a distance of 77.54 feet to a point; Thence S 68'21'07" W a distance of 83.05 feet to a point; Thence S 5817'20" W a distance of 78.37 feet to a point; Thence S 45°03'54" W a distance of 112.64 feet to a point; Thence 5 24°12' 25" W a distance of 318.61 feet to a point; Thence 5 7`06'16" W a distance of 61.54 feet to a point; Thence S 12°36°26" E a distance of 60.29 feet to a point; Thence S 30' 39'02" E a distance of 415.51 feet to a point; Thence S 1939'30" E a distance of 279.77 feet to a point; Thence S 29' 39'25" E a distance of 59.76 feet to a point; Thence S 41°56'40" E a distance of 62.27 feet to a paint; Thence S 52" 05' 27" E a distance of 62.16 feet to a point on the westerly boundary of the NE A of the SE's of said Section 6; Thence leaving said centerline N 0"02' 17" W along said westerly boundary a distance of 1631.35 feet to the southwesterly corner of the SE Y of the NE % of said Section 6; Thence N 0°02'08" W along the westerly of said SE'/ of the NE Y. a distance of 699.75 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary N 78"25' 56" E a distance of 172.22 feet to a point; Thence N 54"55' 21" E a distance of 85. 30 feet to a point; Thence N 31° 51'13" E a distance of 102.72 feet to a point; Thence N 1025'11" E a distance of 390.20 feet to a point; Page 2 of 11 South Meridian AZ —H-2015-0019 PAGE 27 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 516 of 652 EXHIBIT A Thence N 5'26'51"W a distance of 113.22 feet to a point; Thence N 18°56'19" W a distance of 293.97 feet to a point; Thence N 32"08'37" W a distance of 102.04 feet to a point; Thence N 61"32'56" W a distance of 114.87 feet to a point; Thence N 74`58'41" W a distance of 54.41 feet to a point; Thence leaving said centerline N 0°02'08" W a distance of 862.84 feet to a 5/8 inch diameter iron pin on the southerly boundary of the SE % of said Section 31; Thence N 89°42'18" W along the southerly boundary of said 5E l a distance of 1370.03 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of said SE Y; Thence N 0°16'58" E along the westerly boundary of said SE 'A a distance of 2684.95 feet to a stone marking the southeasterly corner of the NW f of said Section 31; Thence 5 89" 57'01" W along the southerly boundary of said NW X a distance of 1645.37 feet to a point; Thence leaving said southerly boundary N 5`34' 57" W a distance a distance of 142.10; Thence N 4014'52" W a distance of 207.58 feet to a point; Thence S 89'57'03" W a distance of 711.02 feet to a point on the westerly boundary of said NW 14; Thence 5 0`37'40" W along said westerly boundary a ,distance of 300.02 feet to brass cap monument marking the northwesterly corner of Government Lot 3 of said Section 31; Thence $ 0°05'05" E along the westerly boundary of said Government Lot 3 a distance of 1334.93 feet to the southwesterly corner of said Government Lot 3; Thence 5 89°53' 05" E along the southerly boundary of said Government Lot 3 a distance of 1191.13 feet to a stone monument marking the northwesterly corner of the 5E f of the SW % of said Section 31; Thence S 0902'00" E along the westerly corner of said SE Y4 of the 5W % a distance of 1338.69 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of the E N of the NW % of said Section 6; Page 3 of 11 South Meridian AZ —H-2015-0019 PAGE 28 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 517 of 652 EXHIBIT A Thence 5 0' 26'46" W along the westerly boundary of said E % of the NW Y. a distance of 2648.45 feet to a brass cap monument marking the southeasterly corner of Government Lot 5 of said Section 6; Thence N 89°23'05" W along the southerly boundary of said Government Lot 5 a distance of 1208.74 feet to an aluminum cap monument marking the southwesterly corner of said Government Lot 5; Thence N 0"51'13" E along the westerly boundary of said Government Lot 5 a distance of 368.45 feet to a point; Thence leaving said westerly boundary N 89'50'22" E a distance of 205.00 feet to a Y2 inch diameter iron pin; Thence S 0"51'13" W a distance of 50,00 feet to a' inch diameter iron pin; Thence N 89"50'22" E a distance of 190.40 feet to a'' inch diameter iron pin; Thence N 0°51'13" E a distance of 150.00 feet to a Ya inch diameter iron pin; Thence S 89'50'22" W a distance of 395.40 feet to a point on the westerly boundary of said Government Lot 5; Thence N 0'51'13" E along said westerly boundary a distance of 687.31 feet to a point on the centerline of the Meridian Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary S 80"55'41" W a distance of 359.01 feet to a point; Thence S 65'13'12" W a distance of 115.62 feet to a point; Thence 5 55'17'04" W a distance of 137.84 feet to a point; Thence N 50"45'40" W a distance of 111.90 feet #a a point; Thence N 23"19'53" W a distance of 105.88 feet to a point; Thence N 60"00'15" W a distance of 247.58 feet to a paint; Thence leaving said centerline N 0`52'35" E a distance of 75.68 feet to a 5/8 inch diameter iron pin on the southerly boundary of Government Lot 1 of said Section 1; Page 4 of 11 South Meridian AZ —H-2015-0019 PAGE 29 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 518 of 652 EXHIBIT A Thence S 8849'30" E along said southerly boundary a distance of 262.38 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Lot 2 of STUCKER SUBDIVISION as shown in Book 62 of Plats at Page 6134 in the office of the Recorder, Ada County, Idaho; Thence leaving said southerly boundary N 0"53`24" E along the westerly boundary of said Lot 2 a distance of 1318.34 feet to a point on the northerly boundary of the NEN of said Section 1; Thence 5 8903'22" E along said northerly boundary a distance of 654.08 feet to an aluminum cap marking the northeasterly corner of said NE %; Thence N 0' 05'05" W along the easterly boundary of the S Yz of the SE Y4 of said Section 36 distance of 1334.93 feet to the northeasterly corner of said 5 Y, of the SE %; Thence N 89°12'33" W along the northerly boundary of said S M of the SE % a distance of 2645.62 feet to the northwesterly corner of said S'/ of the SE %; Thence N 0°26'40" E along the westerly boundary of the NW Y. of the SE % a distance of 1327.71 feet to a 5/8 Inch diameter iron pin marking the southwesterly corner of the SW'/ of the NE'J of said Section 36; Thence N 0"33'10" E along the westerly boundary of said SWY4 of the NE'%a a distance of 1327.40 feet to the southeasterly corner of said NE % of the NWIA of said Section 36;. Thence N 89`28' 43" W along the southerly boundary of said NE Y. of the NWA a distance of 1.327.20 feet to the southwesterly corner of said NE Y. of the NW Y; Thence N 0' 37'46" E along the westerly boundary of said NE % of the NW % a distance of 1325.97 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said SE % of the SW of Section 25; Thence N 0°29`29" E along the westerly boundary of said SE Y. of the SW Y. a distance of 1325. 12 feet to a 5/ 8 inch diameter iron pin marking the northwesterly corner of said SE K of the SW %; Thence S 89'29' 35" E alongthe northerly boundary of said 5E Y. of the SW Y a distance of 644.67 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary 5 0`27'31" W a distance of 1324.59 feet to a 5/8 Inch diameter iron pin on the southerly boundary of said SE Y of the SW i.; Thence along said southerly boundary S 89'32'25" E a distance of 680.00 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said E Y: of Section 36; Page 5 of 11 South Meridian AZ —H-2015-0019 PAGE 30 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 519 of 652 EXHIBIT A Thence S 89°04' 32" E along said northerly boundary a distance of 490.39 feet to a 5/ 8 inch diameter iron pin; Thence leaving said northerly boundary S 45"31'22" E a distance of 458.74 feet to a 5/8 inch diameter iron pin; Thence S 26`3324" E a distance of 417.44 feet to a point on the centerline of the Belle Sub Laterai; Thence along said centerline the following described courses: Thence S 33°50'24" W a distance of 339.76 Feet to a point; Thence S 16°42'19" E a distance of 363.90 feet to a point on the northerly boundary of the 5W Y. of the NE Y of said Section 36; Thence leaving said centerline S 89"11'57" E along said northerly boundary a distance of 377.58 feet to a'/ inch diameter iron pin marking the northwesterly corner of the SE Y of the NE 1/4; Thence 5 8914'22" E along the northerly boundary of said SE % of the NE l a distance of 1317.70 feet to the northeasterly corner of said SE'/ of the NE Y4; Thence N 89`38'52" E along the southerly boundary of Government Lot 1 of said Section 31 a distance of 1184.15 feet to a % inch diameter iron pin marking the southeasterly corner of said Government Lest 1; Thence N 0°25'13" E along the easterly boundary of said Government Lot 1 a distance of 207.00 feet to a % inch diameter iron pin; Thence leaving said easterly boundary S 89"38'52" W a distance of 1183.41 feet to a point on the westerly boundary of said Government Lot 1; Thence N 0"37'40" E along said westerly boundary a distance of 252,22 feet to a point; Thence leaving said westerly boundary 5 88"45'29" E a distance of 390.26 feet to a 5/8 inch diameter iron pin; Thence S 58"38`44" W a distance of 166,34 feet to a 5/8 inch diameter iron pin; Thence S 3"07'14" W a distance of 55.30 feet to a 5/8 inch diameter iron pin; Thence S 85'"18'50" E a distance of 314.35 feet to a 5/8 inch diameter iron pin; Page 6 of 11 South Meridian AZ —H-2015-0019 PAGE 31 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 520 of 652 EXHIBIT A Thence N 16°07'40" E a distance of 43.80 feet to a 5/8 inch diameter iron pin; Thence N 38"55'20" W a distance of 147.07 feet to a 18 inch diameter iron pin; Thence N 8'13'20" W a distance of 160.89 feet to a 5/8 inch diameter iron pin; Thence S 89'22' 20" E a distance of 872.30 feet to a 5/ 8 inch diameter iron pin; Thence S 0`39'17" E a distance of 329.29 feet to a 5/8 inch diameter iron pin; Thence N 81°55' 47" E a distance of 357.37 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the fallowing described courses: Thence a distance of 63.25 feet along the arc of a 70. 00 foot radius non -tangent curve left, said curve having a radius point bearing S 85"10'S9" E, a central angle of 51'4649" and a long chord bearing S 21°04`23" E a distance of 61.13 feet to a point; Thence S 46°57'48" E a distance of 46.18 feet to a point; Thence S 5423'15" E a distance of 180.96 feet to a point; Thence a distance of 164.83 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 15°44'26" and a long chord bearing S 62"15'28" E a distance of 164.32 feet to a point; Thence S 70'07'17" E a distance of 122.26 feet to a point; Thence S 62'03'10" E a distance of 207.12 feet to a paint; Thence S 64°59'29" E a distance of 336.28 feet to a point; Thence S 67°14' 26" E a distance of 111. 90 feet to a point; Thence S 72"17'51" E a distance of 84.37 feet to a point;. Thence S 7S'54'10" E a distance of 438.92 feet to a point; Thence 5 75"55'22" E a distance of 1£14.15 feet to a point; Thence S 61°21' 23" E a distance of 3175 feet to a point; Thence S 46`09' 59" E a distance of 190.04 feet to a point; Page 7 of 11 South Meridian AZ —H-2015-0019 PAGE 32 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 521 of 652 EXHIBIT A Thence S 55°4$'28" E a distance of 41.26 feet to a point; Thence S 62"37'18" E a distance of 333.06 feet to a point; Thence S 49°07'12" E a distance of 153.12 feet to a point,, Thence S 47°33'37" E a distance of 227.03 feet to a point; Thence S 54°34'22" E a distance of 101.94 feet to a point; Thence S 59°52'59" E a distance of 92.18 feet to a point; Thence S 65`32'49" E a distance of 520.78 feet to a point on the northerly boundary of the SE / of said Section 31; Thence N 89'57'44' E along said northerly boundary a distance of 323.17 feet to an aluminum cap monument marking the northeasterly corner of said SE's; Thence 5 0"32'18" E along the easterly boundary of said SE 1/4 a distance of 226.51 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence leaving said easterly boundary 5 38'43'28" E a distance of 61.71 feet to a point; Thence 5 51°12'28" E a distance of 444.04 feet to a point; Thence S 60°36'06" E a distance of 272.66 feet to a point;. Thence S 86°04'27" E a distance of 206.22 feet to a point; Thence 5 73"45'09" E a distance of 301.51 feet to a point; Thence S 4315'49" E a distance of 313.74 feet to a point; Thence 5 29°01'09" E a distance of 37.13 feet to a point on the easterly boundary of the W M of the SW Y of said Section 32; Thence leaving said centerline S 0'08'21" E along said easterly boundary a distance of 179.59 feet to point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Page 8 of 11 South Meridian AZ —H-2015-0019 PAGE 33 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 522 of 652 EXHIBIT A Thence leavings aid easterly boundary a distance of 35.65 feet along the arc of a 124.67 foot radius non -tangent curve right, said curve hawing a radius point bearing N 45°03' 58" W, a central angle of 16"22' 56" and a long chord bearing 5 53'07'30" W a distance of 35.52 feet to a point; Thence S 61"18'58" W a distance of 91.61 feet to a point; Thence a distance of 111.33 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle of 31®53'35" and a long chord bearing S 7715'45" W a distance of 109.90 feet to a point; Thence N 86'47'27" W a distance of 364.60 feet to a point; Thence 5 83°47'10" W a distance of 30.79 feet to a point; Thence S 69"57'49" W a distance of 131.39 feet to a point; Thence a distance of 183.61 feet along the arc of a 130.00 foot radius curve left, said curve having a central angle of 8{7`55'30" and a long chord bearing S 2930'04" W a distance of 168.73 feet to a point; Thence 5 10' 57'41" E a distance of 410.17 feet to a % inch diameter iron pin; Thence a distance of 131.35 feet along the arc of a 160.00 foot radius curve left, said curve having a central angle of 47"02'46" and a long chord bearing S 34`29'04" E a distance of 127. 72 feet to a point; Thence 5 58°00'27" E a distance of 221.94 feet to a point; Thence S 69"55'41" E a distance of 512.76 feet to a point on the easterly boundary of said W % of the SW 9A of said Section 32; Thence leaving said centerline S 0'09'53" E along said easterly boundary a distance of 409.85 feet to a % inch diameter iron pin marking the northwesterly corner of the E % of the NW Y of said Section 5; Thence 5 89'58' 21" E along the northerly boundary of said E M of the N1N'A a distance of 983.44 feet to a point; Thence leaving said northerly boundary S 0°02'19" W a distance of 500.00 feet to a point; Thence S 89'58'21" E a distance of 348.63 feet to a point on the easterly boundary of said E Y2 of the NW %a; Page 9 of 11 South Meridian AZ —H-2015-0019 PAGE 34 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 523 of 652 EXHIBIT A Thence N 003'18" E along said easterly boundary a distance of 500.00 feet to a brass cap monument marking the northwesterly corner of said NE N of Section 5; Thence 5 89`56'47" E along the northerly boundary of said NE Y. a distance of 287. 51 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0`00'01" W a distance of 104.32 feet to a point on the centerline of said Farr Lateral; Thence along said centerline the fallowing described courses! Thence S 69'12'35" E a distance of 194.76 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle 44x00' 19" and along chord bearing S47'12'25" E a distance of 149.86 feet to a point; Thence 5 25' 12' 16" E a distance of 135.17 feet to a point; Thence 5 22"30'26" E a distance of 1518.71 feet to a point; Thence S 49°59'59" E a distance of 27.38 feet to a point; Thence leaving said centerline S 0"22'35" E a distance of 32.24 feet to a point; Thence N 64"59' 20" W a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 46'02'31" W a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence 5 68'36'37" W a distance of 694.84 feet to a 5/8 inch diameter iron pin; Thence S 43'0()'20" WW a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 78"30'02" W a distance of 141.66 feet to a 5/8 inch diameter iron pin on the easterly boundary of said W 36 of Section 5; Thence 5 0' 01'18" W along said easterly boundary a distance of 820.26 feet to a 5/ 8 inch diameter iron pin marking the southeasterly corner of the NW '/ of said Section 5; Thence leaving said easterly boundary N 89`52'52" W along the southerly boundary of said NW Y a distance of 2659.19 feet to an aluminum cap monument marking the northwesterly corner of the SW % of said Section 5; Page 10 of 11 South Meridian AZ —H-2015-0019 PAGE 35 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 524 of 652 EXHIBIT A Thence 5 0"0444" E along the westerly boundary of said SW'' a distance of 1782.39 feet to a point on the extension of the northeasterly boundary of Lot 4 of LAREDO ESTATES as shown in Book 58 of Plats at Page 5500 in said office of the Recorder, said boundary also being the centerline of the Rawson Canal; Thence along said northeasterly boundary and centerline the following described courses: Thence 5 51"21'41" E a distance of 214.44 feet to a point; Thence S 59°23'41" E a distance of 474.00 feet to a point; Thence 5 97°28'41" E a distance of 78.00 feet to a point; Thence 5 48'57'41" E a distance of 738.75 feet to a point on the southerly boundary sof said W h of Section 5; Thence leaving said northeasterly boundary and centerline 5 89°32'37" W along said southerly boundary a distance of 1209.45 feet to the POINT OF BEGINNING. This parcel contains 1,215.44 acres. NOTE., This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 11 of 11 sun VA I- 5082 l9f l5, K. South Meridian AZ —H-2015-0019 PAGE 36 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 525 of 652 EXHIBIT A EXHIBIT B ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-4 2ONING A parcel located in Government Lot 2 of Section 1, Township 2 North, Range 1 West, Boise Meridian, including all of Lots 2, 3, 4, 6 and 7 of LAKE HAZEL ESTATES as shown in Book 29 of Plats at Page 1800 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northwesterly corner of said Government Lot 2, from which an aluminum cap monument marking the northeasterly corner of said Section 1 bears N 89"(}3'22" W a distance of 2 658. 00 feet; Thence S 89°03'22" E along the northerly boundary of said Government Lot 2 a distance of 332.23 feet to the POINT OF BEGINNING; Thence continuing $ 89'03'22" E a distance of 971.77 feet to a point on the extension of the easterly boundary of said Lot 4; Thence leaving said northerly boundary S 0"53'2.4" W along said easterly boundary a distance of 657.80 feet to the southeasterly corner of said Lot 4; Thence N 88"56'24" W along the southerly boundary of said Lots 3 and 4 a distance of 634.64 feet to the northwesterly corner of said Lot 6; Thence S 0"54'08" W along the easterly boundary of said Lots 6 and 7 a distance of 656.46 feet to the southeasterly comer of said Lot 7; Thence N 88"49'40" W along the southerly boundary of said Lot 7 a distance of 66437 feet to the southwesterly corner of said Lot 7; Thence N 0`54'50" E along the westerly boundary of said lots 6 and 7 a distance of 655.16 feet to the northwesterly corner of said Lot 6; Thence S 88`56'24" E along the northerly boundary of said Lot 6 a distance of 332.02 feet to the southwesterly corner of said Lot 2' Thence leaving said northerly boundary N 0'55' 56" E along the westerly boundary of said Lot 2 a distance of 655.83 feet to the POINT OF BEGINNING. Page 1 of 2 South Meridian A7 —H-2015-0019 PAGE 37 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 526 of 652 EXHIBIT A This parcel contains 24.66 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PIS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 South Meridian AZ —H-2015-0019 PAGE 38 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 527 of 652 EXHIBIT A EXHIBIT C SKETCH TO ACCOMPANY20NING DESCRIPTIONS FOR THE CITYOF MERIDIAN LOCA TED IN SECTIONS 5AND 6 TOWNSHIP2 NORTH, RANGE 1 EAST, SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, SECTIONS 31 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTIONS 25 AND 36, TOWNSHIP 3 NORTH, R4NGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SO SCALE LEGEND R-4 ZONING NOT A PART South Meridian AZ — H-2015- 0019 PAGE 39 i + O 4 kS South Meridian AZ — H-2015- 0019 PAGE 39 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 528 of 652 EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-8 ZONING A parcel located in the SW Y4 of the SEY4 of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southwesterly corner of said SW % of the SE y, from which an aluminum cap monument marking the southeasterly corner ofthe SE f of said Section 36 bears 5 89"03'22" E a distance of 2558.00 feet; Thence N 0°25°41" E along the westerly boundary of said SW Y. of the SE X a distance of 1327.70 feet to a point marking the northwesterly corner of said SW % of the SE %; Thence 5 8912'33' E along the northerly boundary of said 5W Y of the 5E % a distance of 340.00 feet to a point; Thence leaving said northerly boundary S 0'25'41" W a distance of 1328.61 feet to a point on the southerly boundary of said SW Y. of the 5E Y; Thence N 89°03'22" W along said southerly boundary a distance of 340.00 feet to the POINT OF BEGINNING. This parcel contains 10.37 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn. K. Bennett, PLStoomCivilSurveyConsultants, IncorporatedOctober13, 2015 082 rslf5- f[. r South Meridian AZ —H-2015-0019 PAGE 40 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 529 of 652 EXHIBIT A EXHIBIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SW 114 OF THE SE 1/4 OF 36, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO cS 1116 S 89'72'37' E SE V16 3fO.GG' 0 n R-8 Z0AWG ro w n a O hQ 2 y SCACEP "=300' FaNT OF BEGINNING 340 %' 988.99' 1329. Ap' 36 37 114 N 8910322" W WE' HAZEL ROAD E 7116 TBS6. PO" i 6 L LA NO fir,% TE D CL 5 P2 CIVIL SURVEY CONSULTANTS, INC. 1© I 2693 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 K (208)888-4312 South Meridian AZ —H-2015-0019 PAGE 41 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 530 of 652 EXHTBTT A EXHIBIT A ZONNING DESCRIPTION FOR TH E CITY OF MERIDIAN, IDAHO R-15 ZONING A parcel located in the SW Y of the SE '1 of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum rap monument marking the southwesterly corner of said SW 1/4 of the $E y4, from which an aluminum cap monument marking the southeasterly corner of the $E Of said Section 36 bears S 89°03' 22" E a distance of 2658.00 feet; Thence 589°03' 22" E along the southerly boundary of said SW % of the SE Y. a distance of 340.00 feet tothe POINT OF BEGINNING; Thence continuing S 89`03' 22" E a distance of 999.00 feet to the southeasterly corner Of said SW Y of the SE A; Thence N 0°10'45" E along the easterly boundary of said SW '/< of the SE Y. a distance of 1331.31 feet to the northeasterly corner of said SW % of the SE'/; Thence N 89'12'33" W along the northerly boundary of said SW % of the SE Aa distance of 982.81 feet to a point; Thence leaving said northerly boundary S 0°26'41" W a distance of 1328,61 feet to the POINT OF BEGINNING. This parcel contains 30.10 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated " SQ82, October 13, 2015 tO n! 00S of South Meridian AZ —H-2015-0019 PAGE 42 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 531 of 652 EXHIBIT A EXHIBIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE S 1/2 OF THE SE 114 OF 36, TOWNSHIP J NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO oap t, LA ya T d 0L 8/2 A CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD 7'cof P MERIDIAN, IDAHO 83542 E' K. Be (208(688-4392 7116 South Meridian AZ —H-2015-0019 PAGE 43 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 532 of 652 EXHIBIT A EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO C -G ZONING A parcel located in the SE % of the SE X of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE Y. of the 5E Y4, from which an aluminum cap monument marking the southwesterly corner of the 5E X of said Section 36 bears N 89"03' 22" W a distance of 2558.00 feet; Thence N 89" 03' 22" W along the southerly boundary of said SE X of the SE Y a distance of 1329.00 feet to the southwesterly corner of said SW Y. of the SE Y; Thence N 0'10'45" E a distance of 1331.31 feet to the northwesterly corner of said SE Y. of the SE %; Thence 5 89`12`33" E along the northerly boundary of said SE % of the SE % a distance of 1322.81 feet the northeasterly corner of said SE V. of the SE l; Thence 5 0005' 05" E along the easterly boundary of said SE % of the SE l a distance of 1334.93 feet to the POINT OF BEGINNING. This parcel contains 40.57 acres. NOTE This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated F. M October 13, 2015 50.86 f D7*r South Meridian AZ —H-2015-0019 PAGE 44 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 533 of 652 EXHIBIT A EXHIEIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE S 1/2 OF THE SE 1/4 OF 36, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNT}; IDAHO cs Tfas sE r rsf S &9'T2'TJ" E iJ2?-BT' S ?f16 1 g C—G ZONING w 0 O 2 SG4LE` 1=3G0' 3a0.00' 1329.00' r3ra arov JS L 31 r o CAKE HA4M ROAD zssaQQ' E r/Ts N 89'22" w s ptyp,L LANG POINT OF G%ST d SEQ1WW O .Z a 59$2 b CIVIL SURVEY CONSULTANTS, INC. a}rol/ 2893 SOUTH MERIDIAN ROAD c1'T,-OFW R MERIDIAN, IDAHO 83842 K, s (208 B884312 South Meridian AZ —H-2015-0019 PAGE 45 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 534 of 652 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City of Meridian Planning Division, on behalf of the property owners, is proposing to annex approximately 1322.14 acres to the R-4, R-8, R-15 and C -G zoning districts. The Council finds that the proposed map amendment is generally consistent with Future Land Use Map designations for these properties. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see sections VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4, R-8, R-15 and C -G zoning districts is generally consistent with the purpose statements for residential and commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council considered all oral or written testimony provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The Council finds annexing these properties with the R-4, R-8, R-15 and C -G zoning districts is in the best interest of the City if the property owners enter into a development agreement with the City. South Meridian AZ — H-2015-0019 PAGE 46 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 535 of 652 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 536 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 1 MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS MODIFIED DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this______ day of ______________, 2019, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/ Developer.” 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit “A”, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the “Property”; and 1.2 WHEREAS, Timber Creek Recycling, LLC (“Timber Creek”) has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code (“UDC”), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho (“Original Agreement”); and 1.7 WHEREAS, the City, Owner/Developer and Timber Creek (as defined below) have negotiated terms and conditions into this Agreement to clarify EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 537 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 2 the uses permitted under the Original Agreement, to allow for the continued use of the Property and the permitted future uses of the Property; and 1.8 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.9 WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________, 2019, approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B” and have been accepted by Owner/Developer and Timber Creek; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Development dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho; and 1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 538 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 3 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit “A” attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City’s Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City’s solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 539 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 4 relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code § 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles (registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit “C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date the City Council approves the signed Agreement. Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in Section 5.2) shall cease; provided, however, that Timber Creek may submit an application to the City Council to review the Recycling Activities and determine whether to permit Timber Creek to continue the Recycling Activities. Timber Creek shall submit the request for review no later than one (1) year prior to the expiration of the ten (10) year period. Upon review, the City Council may, at the City Council’s sole discretion: a) elect to grant or refuse to grant additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property past the initial ten (10) year period; and b) should additional time be granted, require more or different conditions on the Recycling Activities. If the City Council does not elect to grant Timber Creek additional time to conduct Recycling Activities on the Recycling Property beyond the initial ten (10) year time period then, at the City Council’s direction and by the date determined by the City Council, the Recycling Activities shall cease and all materials, equipment, structures, site modifications, etc. associated with the Recycling Activity shall be removed and the Recycling Property reclaimed to its former agricultural use/condition. In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 540 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 5 then the City Council may review the Recycling Activities upon the expiration of the additional time in accordance with the foregoing procedures, conditions and timelines. 5. Operation of Timber Creek Recycling. As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek’s operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives or may receive the following materials (collectively “Recycled Materials”) for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill, Republic Services and other sources. 5.1.2 Grass. Grass clippings are and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock. Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.5 Food Waste. Food waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste. Garden waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.7 Other Materials. Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 5.1.1 through 5.1.6 or are intended for agricultural uses. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 541 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 6 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.6 Miscellaneous. Engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fork lifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the following are examples of the Related Activities: EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 542 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 7 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Compliance. Compliance with all federal, state and local entities with jurisdiction, including, but not limited to Department of Environmental Quality, Department of Agriculture, Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: (a) Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; (b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and (c) Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 5.3.4 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include, but are not limited to, mulch, compost, bark, playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale” (“Retail Area”), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 8 b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 9 6.2.2 Compliance with DEQ and Central District Health. Comply with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.3 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek’s Recycling Activities: 6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber Creek shall provide notice to the City upon the installation of the mufflers. 6.3.2 Landscaping. Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping shall be installed prior to commencement of Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth in this Modified Agreement has been installed. 6.3.3 Hours of Operation. Recycling Activities on the Property will be limited to the following: MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 10 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.5.6 Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.6.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance. 6.6.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 11 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 12 either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer or Timber Creek’s assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or 6.8.2 Development of Adjacent Property. Within thirty (30) days of written notice that the City has granted a Certificate of Occupancy to any new residential or commercial development within 1000 feet of the Recycling Property, as approximately depicted on the attached Exhibit “C”, being delivered to Timber Creek. For purposes of this Section 6.8.2, a “new residential or commercial development” shall mean real property which has: MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 13 6.13 Site Plan. Timber Creek shall provide a detailed site plan, as an Exhibit “C” of this Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general location of the equipment to be used for the Recycling Activities. The Recycling Property shall not exceed the identified thirty-six (36) acres in total. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure (“Utility Extension”) which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City’s Sewer Master Plan (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 14 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 15 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 16 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 552 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 17 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including City’s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 553 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 18 and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. [SIGNATURES ON FOLLOWING PAGE] EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 554 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 19 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: __________________________ By: Name: Title: CITY OF MERIDIAN: Date: __________________________ By: Mayor Tammy De Weerd ATTEST: C.Jay Coles, City Clerk EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 555 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 20 STATE OF IDAHO ) ) ss. County of Ada ) On this _____ day of March, 2019, before me a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ) ss. County of Ada ) On this _____ day of ______________, 2019, before me, a Notary Public, personally appeared Tammy De Weerd and C.Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 556 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 557 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 22 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 558 of 652 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 23 EXHIBIT C SITE PLAN EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 559 of 652 City Council Meeting March 19, 2019 Zoning Map Future Land Use Map Aerial Map Preliminary Plat Landscape Plan Revised Conceptual Elevations Changes to Agenda: Item 9E: Alpina Townhomes – Applicant is requesting to continue this item to the April 23rd hearing. Item cannot be heard this evening because the applicant failed to post the site 10 days prior to the CC hearing. Item #9F: Razzberry Villas (H-2018-0130) Application(s):  Rezone  Preliminary Plat Size of property, existing zoning, and location: This site consists of 1.43 acres of land, zoned R-8 & L-O, located at 1434 & 1492 Star Dr. History: This property was annexed in 2003 with R-8 and L-O zoning (mostly L-O) & was part of a planned development that anticipated office uses developing on this site. Comprehensive Plan FLUM Designation: MDR (0.78+/- of an acre) & MU-N w/a N.C. overlay (0.65+/- of an acre) Summary of Request: The Applicant proposes a rezone of 1.86 acres of land from the R-8 & L-O zoning districts to the R-15 district for the development of 16 attached & detached SFR homes at a gross density of 11.2 units per acre consistent with the density desired in MU-N designated areas of 6-12 units/acre. A preliminary plat is proposed that is a re-subdivision of Razzberry Crossing Subdivision, consisting of 16 building lots & 4 common lots on 1.43 acres of land. Parking is proposed for each lot in accord with minimum UDC standards. Access is proposed via E. Star Dr. & N. Bright Angel Ave. Because this site is below 5 acres in size, qualified open space & site amenities are not required; however, the Applicant is working with the Razzberry Crossing HOA to potentially include this development in the existing HOA, which would provide residents wi th access to existing common areas and site amenities & provide the HOA with additional dues that could be used to maintain those areas. The original concept elevations submitted with this application were not consistent with the building footprints depicted on the proposed plat. The Applicant has submitted revised elevations that are now consistent as shown. All attached structures are required to comply with the design standards in the ASM. Note: The amount of qualified open space for Razzberry Crossing Subdivision PD was 12.5% Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Corinne Graham, Applicant’s Representative ii. In opposition: None iii. Commenting: Derrick Eisenbeis, Razzberry Crossing Sub. HOA President iv. Written testimony: Marilyn Cox; Stanley Stinson Sr. v. Key Issue(s): a. The proposed rezone would benefit the community by providing more of a selection of housing opportunities and economically competitive choices; b. Concerns pertaining to traffic, parking, safe and sufficient common area, property and home values; c. The Razzberry Crossing Subdivision HOA voted unanimously to allow this development to join their HOA. d. Against the proposed zone change and use due to all the extra cars, children and animals in a small confined space on a busy street; e. Opinion that the proposed homes don’t blend with those in Alexandria Subdivision across the street. Key Issue(s) of Discussion by Commission: i. The possibility for the proposed development to be included in the existing Razzberry Crossing Subdivision HOA; ii. If the amount of existing common area in Razzberry Crossing is sufficient to cover both developments and if this development should provide a site amenity for the common area if it’s included in the HOA; iii. Concern pertaining to the provision of adequate on-street parking for guests; iv. The proposed attached units provide diversity in this neighborhood; v. In favor of proposed lot layout and design. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: i. The Applicant should present conceptual site amenities at the Council hearing for inclusion in the Razzberry Crossing Subdivision common area(s) with consent from the HOA. Submitted by the Razzberry Crossing Subdivision HOA: Option – 1: Barbeque and Picnic Area A 14’ x 25’ concrete paved patio will be constructed underneath the existing pergola structure. This will accommodate the set up and arrangement of a barbeque/picnic area featuring outdoor weather resistant seating and dining amenities as well as a community barbeque grill. The area will meet all local and state fire codes, and have a written safety/security plan to ensure the safety of the community. The estimated cost of materials and construction is approximately $7000- 8000. Option –2: Playground equipment A 20’ x 40’ area in the center of the east-side section of the common area will be designated for playground equipment to accommodate school-aged children. The playground equipment will meet the national standards of ASTM F1487-17: Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. The estimated cost of construction and equipment is $8000-10,000. ii. If the Council wants this development to be included in the Razzberry Crossing Subdivision HOA, a condition should be added. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0130, as presented in the staff report for the hearing date of March 19, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0130, as presented during the hearing on March 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0130 to the hearing date of March 19, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9G: Summerwood - MDA (H-2019-0001) Application(s): Development Agreement Modification Size of property, existing zoning, and location: The subject property consists of 276 acres of land located on the north and south sides of W. McMillan Rd. between N. Black Cat Rd. & N. Ten Mile Rd. History:  Prato Villas/Summerwood: In 2006, the Prato Villas project received annexation approval. In 2017, a new preliminary plat was approved by the city known as Summerwood. A DA modification was not required at the time of the Summerwood plat approval because the new layout complied with the provisions of the recorded DA.  Volterra Mixed-use: In 2008, a portion of the property (111 acres) was rezoned and removed from the original DA. This portion of the property has an approved concept plan that depicts a large business park development. A new DA was required with the approval of the rezone. NOTE: The Walmart store and the four (4) parcels located at the NWC of McMillan and Ten Mile Roads will remain subject to the requirements of this DA and received plat approval in 2015 as the Coleman Subdivision. These conditions remain affect with the subject property.  Volterra North and South: In 2010, this property received preliminary plat approval for 301 residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone 58.33 acres from the R-4 to the R-8 zone and preliminary plat approval for 194 residential lots on 80.4 acres of land for Volterra South Subdivisi on. A modification to an existing DA was approved (DA Instrument #111010393) to amend the original DA approved with the annexation of the property in 2006 (DA Instrument #106034786). The DA approved in 2006 was to be replaced with DA Instrument #111010393, but never was. The applicant is now requesting DA #106034786 be terminated as originally intended. Further, the City Council approved an amendment to DA Instrument #111010393 (H-2016-0033) to allow a right-out only access to N. Ten Mile Road within the Volterra South development. The right-out only access is constructed; however the applicant never signed the amended DA within the 6-month timeframe so this approval has expired. Summary of Request: The subject 276 acres of property is governed by four (4) development agreements approved with the various projects. All of the subject property is envisioned to develop with a mix of residential and commercial uses. For illustrative purposes, staff has included the approved plats and concept plan for each of the properties and highlighted which DA governs the respective property. The applicant has provided new legal descriptions and exhibit maps which coincide with boundary the approved concept plans. The applicant’s request includes the termination of the four (4) previous agreements for the purpose of entering into one (1) master agreement to govern all of the subject property (approximately 276 acres).The applicant believes having one (1) master agreement will help administer development of the subject properties. Staff has reviewed the terms of the four (4) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions. The new will consist of twelve (12) DA provisions to govern the entire development as stated in the staff report. Written Testimony since Commission Hearing: Cara Duskey, WH Pacific, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0001, as presented in the staff report for the hearing date of March 19, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0001, as presented during the hearing on March 19, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0001 to the hearing date of March 19, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 E Project File Number: H-2018-0103 Item Title: Public Hearing for Alpina Townhouse Subdivision By A Team Consultants, Located NE of W. Ustick Rd and N. Linder Rd. Request: Preliminary Plat consisting of 15 multi -family building lots and 7 common lots on 3.99 acres; and Conditional Use Permit For a multi -family development consisting of 60 multi -family residential units within 15 multi- familystructures on 3.99 acres of land in an existing C -C zoning district; and Modification of an Existing Development Agreement to change an existing development agreement to change the previously approved concept plan with a new concept plan Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Alpina Townhouse (H-2018-0090) by A Team C onsultants, L ocated NE of W. Ustick Rd. and N. L inder Rd. C lic k Here for Applic ation Materials Applic ant reques ts continuance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes from Planning and Z oning Commission B ackup Material 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/15/2019 - 10:05 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 560 of 652 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/19/2019 Hearing Type: Council Item Number: 9 Project Name: Alpina Townhouse Subdivision Project No.: H-2018-0090 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=184 3/20/2019 City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 F Project File Number: H-2018-0130 Item Title: Public Hearing for Razzberry Villas By Ed Bowman, Located 1434 and 1492 Star Dr. Request: Rezone of 1.86 acres of land from the R-8 and L -O zoning district to the R-15 zoning district, and Preliminary Plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed R-15 zoning district Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 9.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Razzberry Villas (H-2018-0130) by E d B owman, L ocated 1434 and 1492 Star D r. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/11/2019 Minutes from Planning and Z oning Commission B ackup Material 2/14/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/11/2019 - 9:34 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 574 of 652 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/19/2019 Hearing Type: Council Item Number: 9-F Project Name: Razzberry Villas Project No.: H-2018-0130 Active: ❑ Page 1 of 1 Signature Name Address City -State- Zip For Against Neutral I Wish To Testify Sign In Date/Time 4499 N Siegfried Meridian Id 3/18/2019 Heritage X X Sendig 83646 7:04:08 PM Woods Way 4466 n Alice Meridian id 3/19/2019 heritage woods X X Hankla 83646 5:46:51 PM wa,y Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=185 3/20/2019 Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0130 Razzberry Villas LOCATION: 1434 and 1492 Star Drive (NE ¼ of Section 31, T.4N., R.1E.) I. PROJECT DESCRIPTION Rezone of 1.86 acres of land from the R-8 and L-O zoning district to the R-15 zoning district; and Preliminary plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 1.43 Future Land Use Designation MDR (Medium Density Residential) & MU-N (Mixed Use – Neighborhood) with a N.C. (Neighborhood Center) overlay Existing Land Use Vacant/undeveloped land Proposed Land Use(s) SFR (single-family residential) Current Zoning R-8 (Medium-Density Residential) and L-O (Limited Office) Proposed Zoning R-15 (Medium High-Density Residential) Lots (# and type; bldg/common) 16 building lots/4 common lots Phasing plan (# of phases) 1 Number of Residential Units (type of units) 16 (8 detached/8 attached) Density (gross & net) 11.2 gross/13.7 net Open Space (acres, total [%] / buffer / qualified) NA (site is under 5 acres in size – qualified open space is not required) Amenities NA (site is under 5 acres in size – qualified site amenities are not required) Meridian City Council Meeting Agenda March 19, 2019 – Page 575 of 652 Page 2 B. Project Area Maps Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 11/1/18; 6 attendees History (previous approvals) AZ-03-034 (no DA); CUP-03-062 (Planned Development for a mix of residential and office uses in R-8 & L-O zones); PP- 03-039; FP-04-055 (Razzberry Crossing) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda March 19, 2019 – Page 576 of 652 Page 3 III. APPLICANT INFORMATION A. Applicant: Ed Bowman – 802 N. Knox Ave., Star, ID 83669 B. Owners: Douglas Victor – 4701 W. Braveheart St., Eagle, ID 83616 Jason Ames – 1878 E. Townline Way, Meridian, ID 83642 Randy Donald – 513 Regents Gate Dr., Henderson, NV 89014 C. Representative: Corinne Graham, Civil Site Works – 921 S. Orchard St., Ste. 200, Boise, ID 83705 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 1/18/2019 3/1/2019 Radius notification mailed to properties within 300 feet 1/15/2019 2/26/2019 Nextdoor posting 1/15/2019 2/26/2019 Public hearing notice sign posted on property 1/25/2019 3/6/2019 V. STAFF ANALYSIS A. Comprehensive Plan (Comprehensive Plan)) This site is partially designated Medium Density Residential (MDR) (0.78+/- of an acre) and partially designated Mixed Use – Neighborhood (MU-N) (0.65+/- of an acre) with a Neighborhood Center (N.C.) overlay on the MU-N portion on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately 1 mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Residential uses should comprise a minimum of 40% of the development area at densities ranging from 6 to 12 units per acre. Where there is a N.C. overlay designation in MU-N areas the City seeks to create a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Meridian City Council Meeting Agenda March 19, 2019 – Page 577 of 652 Page 4 The proposed development demonstrates compliance with the following policies of the Plan: (Staff’s comments in italics)  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) A mix of single-family attached and detached units are proposed for a diversity of housing types; Staff is unaware if they will be owner occupied or rental units.  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium high density development with a mix of attached and detached units will contribute to the variety of residential categories available in the City.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is within a couple of miles of employment and shopping located along Eagle Rd. and Fairview Ave.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) Urban services can be provided to the proposed development upon development.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential development should be compatible with existing single-family residential uses abutting the site. B. Rezone: The site is proposed to be rezoned from the R-8 and L-O zoning districts to the R-15 district consistent with the MDR and MU-N with a N.C. overlay FLUM designations. The proposed density of 11.2 units per acre is above that desired within the MDR designation and at the high end of that desired in the MU-N designation. Because the subject parcels have a split FLUM designation and FLUM designations are not necessarily parcel specific, Staff deems the MU-N designation is appropriate to “float” to the MDR designated parcels with a zoning of R-15. Further, Staff is of the opinion the proposed single-family residences at a higher density will provide a transition to the existing non-residential uses to the south and east that consist of a daycare and office uses. A legal description for the area proposed to be rezoned is included in Section VII.A. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of rezone with the provisions included in Section VIII. C. Preliminary Plat: The proposed preliminary plat is a re-subdivision of Lots 1-3, Block 6, Razzberry Crossing Subdivision. There is an existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 that is required to be relinquished prior to City Engineer signature on the final plat for the proposed subdivision. Meridian City Council Meeting Agenda March 19, 2019 – Page 578 of 652 Page 5 The proposed plat consists of 16 building lots and 4 common lots on 1.43 acres of land in the proposed R-15 district (see Section VII.B). Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required. Staff has reviewed the proposed plat and determined it is in compliance with those standards. D. Existing Structures/Site Improvements: There are no existing structures or site improvements on this site except for sidewalks along the project’s frontage along N. Bright Angel Ave. and E. Star Dr. E. Proposed Zoning/Use Analysis: The proposed R-15 zoning district for the site is consistent with the existing MDR and MU-N with a N.C. overlay FLUM designation. Single-family detached and attached dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards (UDC Table 11-2A-7): Development is required to comply with the dimensional standards listed below for the R-15 district. Staff has reviewed the proposed plat and found all of the proposed lots comply with the minimum property size requirement. Future structures should comply with the minimum setback standards. Meridian City Council Meeting Agenda March 19, 2019 – Page 579 of 652 Page 6 G. Access (UDC 11-3A-3): Access is proposed via E. Star Dr. and N. Bright Angel Ave., both local streets, and via common driveways from these streets in accord with UDC standards. H. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. The proposed driveways comply with the minimum dimensional standards and serve the maximum number of units allowed. The driveways are required to be paved with a surface capable of supporting fire vehicles and equipment; and be straight or provide a 28’ inside and 48’ outside turning radius. Solid fencing adjacent to the common driveways is prohibited unless separated from the common driveway by a minimum 5-foot wide landscaped buffer. The preliminary plat depicts building envelopes for the proposed structures; however, the conceptual building elevations do not coincide with the building envelopes and setbacks shown. An exhibit should be submitted with the final plat application that depicts setbacks, fencing, building envelope, and orientation of the lots and structures that coincide with the concept building elevations approved with this application if different from that shown on the preliminary plat. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted with the final plat application or with the plat submitted for City Engineer signature. I. Parking (UDC Table 11-3C-6): Off-street vehicle parking is required to be provided for 2- and 3-bedroom multi-family dwellings as follows: 2 spaces per dwelling unit; at least 1 in a covered carport or garage. Two-car garages are proposed along with 20’ x 20’ parking pads for each unit in accord with this standard. J. Pathways (UDC 11-3A-8, 11-3B-12C): No pathways are depicted on the Pathways Master Plan for this site and no pathways are proposed or required by the UDC on this site. K. Sidewalks (UDC 11-3A-17): A detached sidewalk exists along E. Star Dr. and an attached sidewalk exists along N. Bright Angel Ave. in accord with UDC standards. L. Landscaping (UDC 11-3B): Common area landscaping is required in accord with the standards listed in UDC 11-3G-3E.2. Landscaping is proposed in accord with UDC standards. There are several existing trees on this site some of which are proposed to be removed consisting of a total of 76 caliper inches that require mitigation in accord with the standards listed in UDC 11-3B-10C.5. A total of 77.5 caliper inches of trees are proposed for replacement in accord with UDC standards. M. Qualified Open Space & Site Amenities (UDC 11-3G-3): Because this site is below 5 acres in size, open space and site amenities are not required per UDC 11-3G-3A. However, the Applicant is working with the Razzberry Crossing Homeowner’s Meridian City Council Meeting Agenda March 19, 2019 – Page 580 of 652 Page 7 Association to potentially include this development in the existing HOA. This would provide residents with access to existing common areas and site amenities and provide the HOA with additional dues that could be used to maintain those areas. N. Waterways (UDC 11-3A-6): There are no waterways that cross this site. O. Fencing (UDC 11-3A-6, 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7. P. Utilities (UDC 11-3A-21): All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer services are stubbed to this site. Q. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. R. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. S. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the attached structures but they are not consistent with the building footprints depicted on the preliminary plat. Therefore, Staff has requested the Applicant submit revised elevations for both the attached and detached units that are consistent with the footprints shown on the plat prior to the Commission hearing. The Applicant submitted revised elevations as required. All attached structures are required to comply with the design standards listed in the Architectural Standards Manual and with the guidelines in the TMISAP. T. Certificate of Zoning Compliance (CZC)/Design Review (DR): An application for a CZC and DR is required to be submitted for all single-family attached structures to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, and provisions in this report prior to submittal of building permit applications for the development. Single-family detached structures are exempt from this requirement. VI. DECISION A. Staff: Staff finds the proposed development meets the minimum development standards of the UDC; therefore, Staff recommends approval of the proposed Rezone and Preliminary Plat. B. The Meridian Planning & Zoning Commission heard these items on February 7, 2019. At the public hearing, the Commission moved to recommend approval of the subject Rezone and Preliminary Plat requests. a. Summary of Commission Public Hearing: i. In favor: Corinne Graham, Applicant’s Representative Meridian City Council Meeting Agenda March 19, 2019 – Page 581 of 652 Page 8 ii. In opposition: None iii. Commenting: Derrick Eisenbeis, Razzberry Crossing Subdivision HOA President; iv. Written testimony: Marilyn Cox; Stanley Stinson Sr. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The proposed rezone would benefit the community by providing more of a selection of housing opportunities and economically competitive choices; ii. Concerns pertaining to traffic, parking, safe and sufficient common area, property and home values; iii. The Razzberry Crossing Subdivision HOA voted unanimously to allow this development to join their HOA. iv. Against the proposed zone change and use due to all the extra cars, children and animals in a small confined space on a busy street; v. Opinion that the proposed homes don’t blend with those in Alexandria Subdivision across the street. c. Key Issues of Discussion by Commission: i. The possibility for the proposed development to be included in the existing Razzberry Crossing Subdivision HOA; ii. If the amount of existing common area in Razzberry Crossing is sufficient to cover both developments and if this development should provide a site amenity for the common area if it’s included in the HOA; iii. Concern pertaining to the provision of adequate on-street parking for guests; iv. The proposed attached units provide diversity in this neighborhood; v. In favor of proposed lot layout and design. d. Commission Change(s) to Staff Recommendation: i. Request for the Applicant to present conceptual amenities for the development at the Council meeting for inclusion in the Razzberry Crossing Subdivision common area(s). e. Outstanding Issue(s) for City Council: i. The Applicant should present conceptual site amenities at the Council hearing for inclusion in the Razzberry Crossing Subdivision common area(s) with consent from the HOA. ii. If the Council wants this development to be included in the Razzberry Crossing Subdivision HOA, a condition should be added. Meridian City Council Meeting Agenda March 19, 2019 – Page 582 of 652 Page 9 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda March 19, 2019 – Page 583 of 652 Page 10 Meridian City Council Meeting Agenda March 19, 2019 – Page 584 of 652 Page 11 B. Preliminary Plat (dated: 1/7/19) Meridian City Council Meeting Agenda March 19, 2019 – Page 585 of 652 Page 12 C. Landscape Plan (date: 11/27/2018) Meridian City Council Meeting Agenda March 19, 2019 – Page 586 of 652 Page 13 Meridian City Council Meeting Agenda March 19, 2019 – Page 587 of 652 Page 14 D. Conceptual Building Elevations (date: 6/12/2018) REVISED Meridian City Council Meeting Agenda March 19, 2019 – Page 588 of 652 Page 15 Meridian City Council Meeting Agenda March 19, 2019 – Page 589 of 652 Page 16 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Rezone 1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the rezone for Council approval and subsequent recordation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, and conceptual building elevations included in Section VII, and the provisions contained herein. Note: A final plat application will not be accepted until the DA is executed. 2. Preliminary Plat 2.1 The existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 shall be relinquished prior to City Engineer signature on the final plat. 2.2 The final plat submitted for this subdivision shall include the following revisions from that shown on the preliminary plat included in Section VII.B as follows: a. Remove existing lot lines from the Razzberry Crossing Subdivision plat. 2.3 The landscape plan submitted with the final plat application shall include the following revision (if applicable): a. If solid fencing is proposed adjacent to the common driveway it shall be separated from the common driveway by a minimum 5-foot wide landscaped buffer; otherwise, it’s prohibited. 2.4 An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are consistent with the conceptual building elevations approved with this application in accord with UDC 11-6C-3D if different from that shown on the approved preliminary plat. 2.5 A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted with the final plat application or with the plat submitted for City Engineer signature. 2.6 An application for Administrative Design Review shall be submitted and approved prior to submittal of building permit applications for any single-family attached units. Single-family detached units are exempt from this requirement. 2.7 Approval of the preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat; or, submit and obtain approval of a time extension as set forth in UDC 11-6B-7. Meridian City Council Meeting Agenda March 19, 2019 – Page 590 of 652 Page 17 2.8 The conceptual building elevations submitted with this application for the attached structures are not approved as they aren’t consistent with the building footprints depicted on the preliminary plat. Therefore, revised elevations for both the attached and detached units that are consistent with the footprints shown on the plat shall be submitted prior to the Commission hearing. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 1.2 Applicant needs to extend sewer main north in the eastern common drive to serve lots 9,10, 11 and 14. Abandon sewer service at MH L14-348 in E Star Drive. Also, abandon sewer main between MH L14-350 and MH L14-363 due to proposed houses on top of the existing sewer line. This abandonment will cause sewer flow issues in the existing sewer main in N Bright Angel Ave. Sewer main slope in Bright Angel will need to be flipped between MH L14-350 to the new proposed manhole (SSMH B-4) to correct this flow issue. Other option is to not build on top of existing main line MH L14-350 to MH L14-363. 1.3 No plans submitted that show proposed water main, hydrants, or location of services. Developer shall work out the configuration of water services with Land Development Analyst in Community Development. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, Meridian City Council Meeting Agenda March 19, 2019 – Page 591 of 652 Page 18 the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design 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. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance Meridian City Council Meeting Agenda March 19, 2019 – Page 592 of 652 Page 19 with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/160090/Page1.aspx D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/160516/Page1.aspx E. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160638/Page1.aspx F. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160281/Page1.aspx Meridian City Council Meeting Agenda March 19, 2019 – Page 593 of 652 Page 20 IX. FINDINGS A. Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the proposed map amendment to R-15 and development plan is consistent with the MDR and MU-C with a N.C. overlay FLUM designations and goals of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2A-1. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best interest of city. This finding this is not applicable because the request is for a rezone, not annexation. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan analysis in Section V of the Staff Report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Section VIII of the Staff Report for more details from public service providers.) Meridian City Council Meeting Agenda March 19, 2019 – Page 594 of 652 Page 21 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting Agenda March 19, 2019 – Page 595 of 652 mll l � i Razzberry Point Villas Subdivision Rezone / Preliminary PlatH-2018-0130 City of Meridian City Council March 19, 2019 Presented By: Corinne Graham, PE Civil Site Works LLC Rezone •Existing Zoning: L-O (Limited Office) and R-8 (Med Density Residential) •Requested Zoning: R-15 (Med-High Density Residential) •Comprehensive Plan Transitions between MDR (Medium Density Residential) and MU-N (Mixed Use Neighborhood) with a NC (Neighborhood Center) overlay L-O R-8 MDR MU-N LDR Comprehensive Plan Project meets the following goals of the MU-N comp plan designation: •Provides higher density residential development (11.2 DU/AC) •Provides a transitional use between the existing office and medium density residential uses adjacent to the project •Provides an additional land use to the neighborhood •Provides a variety of residential categories •Urban services can be reasonably provided •Development is contiguous to the City Preliminary Plat •16 single-family dwelling units •8 detached units •8 duplex (attached) units •2,009 SF minimum lot size / 3,150 SF average lot size •4 common lots •2 common drives •2 landscape common lots Site Plan 2 common drives •Provide access to 12 dwelling units •Limit drive access to Star Drive •Eliminate the need for internal streets •Face garages away from Star Drive Parking •Two car garage per unit •Parking apron with two guest parking stalls •On street parking provided on neighboring local streets Landscape Plan •Provides berming and landscaping at Star Drive and Bright Angel as focal point for entrance into neighborhood •Screens homes at Star/Bright Angel intersection from headlights Razzberry Crossing Subdivision •Project was originally platted with Razzberry Crossing Subdivision •Project will remain part of existing HOA •Provides access to open space and pressure irrigation for residents •Dues from new homeowners go to improving existing park spaces Open Space •The UDC does not require open space or amenities for developments less than 5 acres. •Developer is working with Razzberry Crossing HOA to provide funds for improvements to existing park •$450 setup fee per lot = $7,200 •Improvements to Lot 4 Block 5 of Razzberry Crossing Subdivision •Improve existing pergola with concrete patio, barbeque, seating, picnic area OR •Install playground equipment at east side of site •Utilizes contemporary materials and appealing architectural features •Primarily two-story elevations with stepped roof lines at the garage •Garages are set back from living space •Plans will focus on efficient floor plans and contemporary finishes •Provides affordable housing option to Meridian residents Building Design SINGLE-FAMILY DETACHED UNITS DUPLEX UNITS (NORTH BOUNDARY) DUPLEX UNITS (BRIGHT ANGEL) Summary •Rezone request complies with Meridian Comprehensive Plan •Preliminary plat complies with R-15 zoning designation requirements •Provides affordable housing options to Meridian residents •Is compatible with neighboring uses Questions/Discussion City Council Regular Meeting March 19, 2019 Agenda Item Number: 9 G Project File Number: H-2019-0001 Item Title: Public Hearing for Summerwood By Matt Munger. Located on the N. Side of K McMillan Road between N. Black Cat Road and N. Ten Mile Road Request: Development Agreement Modification for the purpose of combining/terminating four (4) recorded developments [DA Instrument #'s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to create one new master agreement that governs the entire Vicenza/Volterra development. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.G. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S ummerwood (H-2019-0001) by M att M unger, L ocated L ocated on the N. Side of W. M cM illan Road between N. Black Cat Road and N. Ten M ile Road C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 3/15/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 3/15/2019 - 1:36 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 609 of 652 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/19/2019 Hearing Type: Council Item Number: 9-G Project Name: Summerwood Project No.: H-2019-0001 Active: ❑ Page 1 of 1 Signature Name Address City -State -Zip For Against Neutral I Wish To Testify Sign In Date/Time Paul 5230 n black 3/19/2019 Meridian X X poorman cat rd 6:12:26 PM John 5099 N Meridian 3/19/2019 X X Wycoff Bolsena Ave Idaho 83646 6:27:20 PM Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=183 3/20/2019 Page 1 HEARING DATE: 3/19/2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0001 Summerwood Subdivision LOCATION: North side of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road in the S ½ of Section 27, T.4N.R.1W. AND southwest corner of W. McMillan Road and N. Ten Mile Road in the NE ¼ of Section 34, T. 4N.1W. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/terminating four (4) recorded development agreements [DA Instrument #’s 106034786 (Volterra), 108087854 (Prato Villas), 111010393 (Volterra North and South) and 110051282 (Volterra Mixed-use)] to create one (1) new master agreement that governs the entire Vicenza/Volterra development. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage +/- 276 acres Future Land Use Designation LDR, MDR, Commercial, MU-C Existing Land Use Undeveloped, SFR, Commercial Proposed Land Use(s) SFR Current Zoning R-4, R-8, R-15, L-O, C-C, C-G Proposed Zoning NA Lots (# and type; bldg/common) NA Phasing plan (# of phases) NA Number of Residential Units (type of units) NA Density (gross & net) NA Meridian City Council Meeting Agenda March 19, 2019 – Page 610 of 652 Page 2 III. APPLICANT INFORMATION A. Applicant/Representative: Matt Munger, WHPacific 2141 W. Airport Way, Ste. 104 Boise, ID 83705 B. Owner: Bridgetower Investments, LLC 2228 Piazza Drive Meridian, ID 83646 IV. NOTICING City Council Posting Date Newspaper Notification 3/1/2019 Radius notification mailed to properties within 300 feet 2/26/2019 Applicant posted site on 3/8/2019 Nextdoor posting 2/26/2019 V. STAFF ANALYSIS PROJECT HISTORY Prato Villas/Summerwood: In 2006, the Prato Villas project received annexation approval (AZ- 06-022, DA Instrument #108087854). In 2017, a new preliminary plat was approved by the city known as Summerwood (H-2017-0083). A DA modification was not required at the time of the Summerwood plat approval because the new layout complied with the provisions of the recorded DA. Volterra Mixed-use: In 2008, a portion of the property (111 acres) was rezoned and removed from the original development agreement (DA #106034786). This portion of the property has an approved concept plan that depicts a large business park development. A new development agreement (instrument # 110051282) was required with the approval of the rezone. NOTE: The Walmart store and the four (4) parcels located at the NWC of McMillan and Ten Mile Roads will remain subject to the requirements of this DA and received plat approval in 2015 as the Coleman Subdivision. These conditions remain affect with the subject property. Volterra North and South: In 2010, this property received preliminary plat (PP) approval for 301 residential lots on 120.6 acres of land for Volterra North Subdivision and approval to rezone (RZ) 58.33 acres from the R-4 (Low-density Residential District) zone to the R-8 (Medium-density Open Space (acres, total [%] / buffer / qualified) NA Amenities NA Physical Features (waterways, hazards, flood plain, hillside) NA Neighborhood meeting date; # of attendees: December 19, 2018; one attendee Meridian City Council Meeting Agenda March 19, 2019 – Page 611 of 652 Page 3 Residential District) zone and preliminary plat (PP) approval for 194 residential lots on 80.4 acres of land for Volterra South Subdivision. A modification to an existing development agreement was approved (DA Instrument #111010393) to amend the original DA approved with the annexation of the property in 2006 (DA Instrument #106034786). The DA approved in 2006 was to be replaced with DA Instrument #111010393, but never was. The applicant is now requesting DA #106034786 be terminated as originally intended. Further, the City Council approved an amendment to DA Instrument #111010393 (H-2016-0033) to allow a right-out only access to N. Ten Mile Road within the Volterra South development. The right-out only access is constructed; however the applicant never signed the amended DA within the 6-month timeframe so this approval has expired. Because the access is constructed, staff recommends that the new DA reflect the action of the previous Council decision on the approval for the access. MDA Request: The subject 276 acres of property is governed by four (4) development agreements approved with the various projects as noted above. All of the subject property is envisioned to develop with a mix of residential and commercial uses. For illustrative purposes, staff has included the approved plats and concept plan for each of the properties and highlighted which DA governs the respective property (see Exhibit VII.C). These exhibits will remain as exhibits in the new DA. The applicant’s request includes the termination of the four (4) previous agreements for the purpose of entering into one (1) master agreement to govern all of the subject property (approximately 276 acres) (see VII.B). The applicant believes having one (1) master agreement will help administer development of the subject properties. Staff has reviewed the terms of the four (4) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the new master agreement. Staff has included all of the DA provisions that govern the subject property and either recommended modifications or removal of certain provisions as follows: Prato Villas/Summerwood DA Provisions (DA Instrument #108087854): 1. Staff recommends that the provisions be removed as they are no longer applicable to govern the subject property. The applicant has requested as part of the DA modification that the Summerwood property be included within the boundary of the new master agreement. By doing so this property will be afforded the rights to use the open space and amenities approved with the Volterra North Subdivision. Staff recommends the termination of DA #108087854. Volterra Mixed Use DA Provisions (DA Instrument #110051282): 1. Modify: All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development and The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted with this application, excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. Remove: All future development on the site shall be subject to administrative design review. 3. Modify: These sites have an existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in Exhibit A.3 acres shall be subject to a new development agreement Meridian City Council Meeting Agenda March 19, 2019 – Page 612 of 652 Page 4 for the Volterra Mixed Use Project and will no longer be subject to the previous four (4) development agreements. 4. Remove: The C-G zoned property shall consist of a minimum of 6 buildings with no one building exceeding 250,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 558,000 square feet. 5. Remove: The C-C zoned property shall consist of a minimum of 11 buildings with no one building exceeding 200,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 464,000 square feet. 6. Remove: The L-O zoned property shall consist of a minimum of 5 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this portion of the development shall be 120,000 square feet. 7. Remove: The R-15 zoned property shall consist of a minimum of 3 buildings and a minimum density of 8 dwellings/beds per acre and a maximum of 75 buildings provided it does not exceed the density requirements of the R-15 zoning district with no one building exceeding 130,000 square feet. 8. Modifiy: The applicant shall construct five central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 9. Remove: All buildings on the site shall be generally consistent in appearance with the attached photos (large box, health care, hotel, health club, general business, senior living, skilled nursing, retail) submitted with this application, as determined by the Planning Director. 10. Remove: The proposed non-residential and residential buildings shall be constructed with high quality materials, including but not limited to: split face block, stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full façade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or tile roofing materials and variations in colors, roof planes and parapet heights. 11. Remove: A minimum 25-foot wide buffer shall be constructed along W. McMillan Road and N. Ten Mile Road with 5-foot detached sidewalk. Any future collector streets shall have a minimum 20-foot wide landscape buffers on each side of the street. Any future local commercial streets shall have a minimum 10-foot wide landscape buffer. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and shall be constructed with platting of the property or with the issuance of the first building permit if the plat has not been recorded. 12. Remove: The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 13. Remove: The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Division prior to all new construction on the subject property. 14. Remove: Any future signalization installed as the result of the development of this project shall be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 15. Remove: Driveway access onto Ten Mile Road just north of McMillan Road shall be designed as a right-in/right-out driveway. 16. Modify: The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed Meridian City Council Meeting Agenda March 19, 2019 – Page 613 of 652 Page 5 when the extension of the north east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. Volterra North and South DA Provisions DA Instrument #111010393 (terminate DA Instrument #106034768): 1. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. That The park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use pathway and the tot lot. 2. Removed and added above: That the park shall include the proposed swimming pool and restrooms, the water feature (fountain), club house, the 10-foot wide multi-use pathway and the tot lot. 3. Modify: That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed 3 acre park south of McMillan Road shall be constructed. That The park shall include the proposed plaza area and playground equipment. 4. Removed and added above: That the park shall include the proposed plaza area and playground equipment. 5. Modify: Future development in the C-G, C-C, L-O and R-15 zones shall comply with the structure and site design standards, as set forth in UDC 11 -3A-19 and the guidelines set forth in the City of Meridian Design Architectural Standards Manual. 6. Modify: Future homes constructed within the Volterra North, and Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings (see Exhibit A). 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. Modify: For Phasing purposes, Volterra North, and Volterra South and Summerwood plats shall be reviewed as one project and all both plats shall remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. Add New Provision: One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto Ten Mile Road for egress from the adjacent commercial lots. Staff’s recommended DA provisions are in Exhibit VII.E. VI. DECISION A. Staff: Staff recommends approval of the proposed DA modification as set forth in the exhibits in Section VII. Meridian City Council Meeting Agenda March 19, 2019 – Page 614 of 652 Page 6 VII. EXHIBITS A. Vicinity Map and Existing Development Agreements Prato Villas/Summerwood Volterra South Volterra Mixed Use Coleman Volterra North Meridian City Council Meeting Agenda March 19, 2019 – Page 615 of 652 Page 7 B. Legal Description and Development Agreement Boundary Meridian City Council Meeting Agenda March 19, 2019 – Page 616 of 652 Page 8 Meridian City Council Meeting Agenda March 19, 2019 – Page 617 of 652 Page 9 Meridian City Council Meeting Agenda March 19, 2019 – Page 618 of 652 Page 10 Meridian City Council Meeting Agenda March 19, 2019 – Page 619 of 652 Page 11 Meridian City Council Meeting Agenda March 19, 2019 – Page 620 of 652 Page 12 C. Approved Plats and Concept Plan (Include as Exhibits in the New DA) Summerwood: Meridian City Council Meeting Agenda March 19, 2019 – Page 621 of 652 Page 13 Volterra Mixed-Use/Volterra North and South Meridian City Council Meeting Agenda March 19, 2019 – Page 622 of 652 Page 14 Meridian City Council Meeting Agenda March 19, 2019 – Page 623 of 652 Page 15 D. Staff Recommended Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The mixed-use portion of the Volterra development (area north of McMillan Road; west side of Ten Mile Road) shall be generally consistent with the conceptual site plan submitted with this application, excluding the properties subdivided with the Coleman Subdivision, as determined by the Planning Director. Any major variations to the concept plan shall require an amendment to the development agreement and requires a new concept plan for the overall development. 2. These sites have existing development agreements recorded as instrument #106034768; 108087854; 111010393; and 110051282. The entire boundary of the property as depicted in VII.B shall be subject to a new development agreement and will no longer be subject to the previous four (4) development agreements. 3. The applicant shall construct five (5) central plaza areas and associated pathways on the site as generally depicted on the conceptual site plan for the mixed-use portion of the Volterra development. 4. The applicant shall coordinate with the Parks Department to facilitate the actual design and exact location of the pathways in accordance with the standards listed in UDC 11-3B- 8 and 11-3B-12, and the Master Pathways Plan. Said pathway shall be constructed when the extension of the northern east/west collector roadway through the mixed-use portion of the Volterra development is constructed on the site. 5. That prior to approval of the 200th residential lot, (including Volterra North and Volterra South), the 10.2 acre park (James Park) shall be constructed. The park shall include the proposed swimming pool and restrooms, the water feature (fountain), clubhouse, the 10- foot wide multi-use pathway and the tot lot. 7. That prior to approval of the 400th residential lot (including Volterra North and Volterra South), the proposed three (3) acre park south of McMillan Road shall be constructed. The park shall include the proposed plaza area and playground equipment. 8. Future development in the C-G, C-C, L-O and R-15 zones shall comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the Architectural Standards Manual. 9. Future homes constructed within the Volterra North, Volterra South and Summerwood Subdivisions shall substantially comply with the sample elevations attached to each of the respective Findings. 10. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 11. For phasing purposes, Volterra North, Volterra South and Summerwood plats shall be reviewed as one (1) project and all plats shall remain valid as successive phases receive City Engineer’s signature. The same applies to any future time extensions that may be requested. 12. One “Right Out, Exit Only” access point will be permitted south of the spine road (N. Vicenza Way) onto N. Ten Mile Road for egress from the adjacent commercial lots. Meridian City Council Meeting Agenda March 19, 2019 – Page 624 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 10 A Project File Number: Item Title: Mayor's Office Annual Department Report Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: Estimated Time f or P resentation: Title of I tem - M ayor's Office Annual D epartment Report C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Mayors Office J ohnson, Chris Approved 3/15/2019 - 9:40 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 625 of 652 MAYOR’S OFFICE 2018-2019 OFFICE OF THE MAYOR City of Meridian Mission: We love Meridian; it’s our town and our mission is to cultivate a vibrant community by delivering superior service through committed, equipped employees dedicated to the stewardship of our community’s resources. City of Meridian Vision: By 2035, Meridian will be the West's premier community in which to live, work and raise a family. PREMIER STARTS HERE Mayor’s Office | Communications | Other Government MAYOR’S OFFICE BUILT FOR BUSINESS –DESIGNED FOR LIVING CITY ACCOLADES •6TH FASTEST GROWING SMALL CITY IN AMERICA –WALLETHUB •7TH SAFEST CITY IN IDAHO –SAFEWISE •BEST PLACE TO LIVE IN IDAHO – HOMESNACKS •YOUTH COUNCIL ACHIEVEMENT AWARD FOR #DOTHERIGHT –ASSOCIATION OF IDAHO CITIES •PUBLIC SAFETY ACHIEVEMENT AWARD – ASSOCIATION OF IDAHO CITIES •ROTARY PAUL HARRIS AWARD TO MAYOR TAMMY FOR SERVICE TO MERIDIAN MORE AT MERIDIANCITY.ORG/2018 BUDGET DOLLARS AT WORK MSAB Mayor‘s Senior Advisory Board SPONSORS/PARTNERS FY19 ENHANCEMENTS/AMENDMENTS •FY19 Amendments for •State of the City •MYAC •Do The Right •Mayor’s Walking Club •FY20 Enhancements •None PROGRAMS/ACTIVITIES •Mayor Tammy Walking Club –Y •Mayor’s Youth Advisory Council –Y •Mayor’s Senior Advisory Board –C •Faith Ambassador’s Council –C •Listening Tour –C •Proclamations –C •Commission Appointments –C •Meridian Stars –C •Volunteer Appreciation –C •Youth Scholarships –Y •State of the City/Taste of Meridian –C •Mayor CEO/Kids Book Club -Y •“Do the Right” –C/Y •Coffee With the Mayor –C •Town Hall Meetings –C •Trunk or Treat –C/Y •Youth Safety Summit –C •MDBA –BR •The Chamber –BR •Business Visits –BR •MDC/BVEP –BR •HOA Outreach –C •School Groups –C BY THE NUMBERS 25 HOA Meetings 30 Faith Activities 31 Commission Appointments/Interview 45 Proclamations Issued 156 Business Meetings/Events 393 Cases/1008 Contacts 1406 Mayor Meetings 6116 MYAC/MSAB Volunteer Hours 154640 Kids/Miles Run 2018/19 STRATEGIC PLAN OBJECTIVES 3.A.2. Improve Citizen Access to Government. –In Progress 3.A.3. Develop Partnerships Allowing the City to become an access point to other government. –In Progress 4.C.3. Build and maintain a broad spectrum of partnerships to create a secure community and improve the education of and access to social and support services.– In Progress 5.B.3. Foster Development of vibrant downtown entertainment options to meet the needs of various generations. –In Progress 2018 NEW ACCOMPLISHMENTS 2018 ACCOMPLISHMENTS 2018 ACCOMPLISHMENTS Do the Right Day 2019 GOALS QUESTIONS Other Government Accomplishments •53% Complete with our City’s Strategic Plan. •New initiatives for our citizens and employees. •Key Performance Indicators. •Training our employees to identify opportunities for improvement. Strategic Plan 3.D.1 –Align resources, systems and employees to meet strategic objectives and priorities –In Progress 3.D.2 –Develop and deploy a City-wide performance measurement, monitoring and reporting program. –In Progress 3.D.3 –Develop and deploy a City-wide continuous improvement program. –In Progress Performance Measurement Continuous Improvement PEAK •43 people trained •6 Trainers TRAINERS •Innovation Team •Build culture and awareness. IMPROVED PROCESSES •Ask the big WHY? •How did we improve this? Continuous Improvement •Train additional employees to reach a “Critical Mass” •Show the ROI –Projects, Hard Costs, Soft Costs. •Track and Report the Improvements. •Innovate! Budget Dollars at Work Questions? COMMUNICATIONS 2018-2019 2018 GOALS AND ACTIONS GOAL ACTION Better Organization/Update Graphics Manual •Photos on Y Drive •Records Retention •Updated Graphics Manual Identify New Communication Trends/Tools •Lumen 5 •More emails/integration with MailChimp •Live Stream Updates Media Training •Held four courses in 2018 •Executive Training as well •Two courses in 2019 MailChimp -Average unsubscribe rate of 0.1% -54% mobile and 46% desktop SOCIAL MEDIA GOALS CURRENT 2019 GOAL 8,774 (1,699 new) 10,000 CURRENT 2019 GOAL 7,295 (1,021 new) 9,000 CURRENT 2019 GOAL 2,030 (1,032 new) 3,000 CURRENT 2019 GOAL 27,571 (5,554 new) 35,000 (39,383 total) 2016 -2017 2019 GOAL 1,872 (872 new)2,500 CURRENT 2019 GOAL 573 (274 new)1,000 NextDoor -News, Events -Traffic Alerts -Public Hearings -Public Works: Spring Flushing -Polls -Events 48% Households Top IMPRESSIONS 16,806–Registration is Now Open 15,497 –Hefty EnergyBag Program –Coming Soon! 13,229 –Leaf Pick-Up 12,829-Plastics Recovery Program Begins Soon 12,291 –We Respect Your Privacy, But We’re Also Here to Help! STRATEGIC PLAN UPDATE •Strategic Plan •Completed 3.A.1 in 2018 –Evaluate and define the objectives of, and adapt new strategies to elevate participation in, City Activities •Created checklists and evaluation forms to streamline marketing/best practices •3.A.2 –More ways to engage –includes NextDoor polling •3.C.3 –Helped Craft an Emergency Communications Plan •NEXT: 5.C.2 –Development Plan to Infuse Art in Public Spaces BUDGET DOLLARS AT WORK DRONE PUBLIC SAFETY INFORMATION OFFICER –STATUS: Final Round –Hope to have someone hired by end of March –Will serve Police, Fire, and help with Public Works –Media contact for public safety –Social media manager for public safety –Reports to Communications Manager –Allows for more proactive public safety outreach FY19 ENHANCEMENT -PIO OTHER COMMUNICATION HIGHLIGHTS GOAL ACTION New Intern •BSU Communications Intern for Credit •Video Production Intern -Alex Meeting Goals •Helped with the production of the first annual Employee mtg •State of the City –The Greatest Home Videos •State of the City Videos •Employee Meeting Videos •Police PSA’s that aired on Channel 6 and Channel 22 •HPC App/Coin •Parks Promo, Movie Night, Time Lapse •MADC •Just Do Some Good -Fire ONLINE ANNUAL REPORT 2019 GOALS Track Public Response/Media Coverage Streamline Branding City 101 Track Correlated Analytics Thanks for the Memories! QUESTIONS? City Council Regular Meeting March 19, 2019 Agenda Item Number: 10 B Project File Number: Item Title: Parks and Recreation Department: Meridian Youth Baseball/Softball Agreement for Turf Renovator Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.B. Presenter: M ike Barton, M P R P arks S uperintendent Estimated Time f or P resentation: 5 minutes Title of I tem - Parks and Recr eation Department: M eridian Youth Baseball/S oftball Agreement for Turf Renovator [Action Item] MYB has an agreement to reimburse the City the cost of the turf renovator. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate MO U - MYB Turf R enovator C ontribution A greements / C ontracts 3/13/2019 P age three to MO U (Exhibit)E xhibit 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 3/13/2019 - 9:47 A M P arks and Recreation B aird, Ted Approved 3/14/2019 - 11:15 A M P arks and Recreation Watts, K eith Approved 3/14/2019 - 11:35 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 626 of 652 MEMORANDUM OF AGREEMENT FOR FINANCIAL CONTRIBUTION FOR TURF RENOVATION MACHINERY This MEMORANDUM OF AGREEMENT ("Agreement") is made this 1 q"Iday of March, 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Youth Baseball / Softball, Inc., an Idaho nonprofit corporation ("MYB/S"). WHEREAS, City and MYB/S have a longstanding partnership regarding the use and maintenance of baseball and softball fields within Meridian Settler's Park; WHEREAS; MYB/S desires to purchase for City's use a turf renovation machine; WHEREAS, MYB/S is willing to contribute to City $12,995 to reimburse City for expenses related to the procurement of the turf renovation machine. 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. CITY'S RESPONSIBILITIES. A. Procurement. City shall purchase a PTO -60 Klopping-Hardie Turf Renovation Machine (the "equipment') consistent with the attached quotation dated February 4, 2019. B. Inventory. City shall book the equipment into its inventory and shall maintain the equipment for the term of its useful life, the length of which shall be in the City's sole determination. C. Use of Equipment. The primary use of the equipment shall be to support MYB/S field operations, and equipment shall be stored, used, and maintained solely by employees and agents of the City of Meridian at such time and at such places the City determines to be appropriate. D. Invoice MYB/S. City shall provide one (1) invoice to MYB/S in the amount of $12,995.00 and City shall use such amount for the payment of expenses related to the procurement of the equipment. II. MYB/S's RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MYB/S shall provide payment to City in the amount of $12,995. MEMORANDUM OF AGREEMENT FOR MYB/S CONTRIBUTION FOR TURF RENOVATION EQUIPMENT PACE 1 OF 3 III. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2019. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian Roger Norberg 33 E. Broadway Ave Meridian, ID 83642 MYB/S: Meridian Youth Baseball / Softball Inc. Jake Hines 13601 W. McMillan Road Box 102-292 Boise, ID 83713 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. MERIDIAN _Y_- 1,TH BASEBALL/SOFTBALL INC: �QORATEDAVC t1he T�Z ity of 0 $1GNA ,REIA/DAMOAL.TAKE Hines. PresidentREASV�� CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor C.Jay Coles, City Clerk MEMORANDUM OF AGREEMENT FOR MYB/S CONTRIBUTION FOR TURF RENOVATION EQUIPMENT PAGE 2 of 3 MEMORANDUM OF AGREEMENT FOR MYB/S CONTRIBUTION FOR TURF RENOVATION EQUIPMENT PAGE 3 OF 3 Meridian City Council Meeting Agenda March 19, 2019 – Page 629 of 652 City Council Regular Meeting March 19, 2019 Agenda Item Number: 10 C Project File Number: Item Title: Budget Amendment for Parks and Recreation: Turf Renovator Not -to -Exceed $12,995 Meeting Notes: 70 I TEM SHEET C ouncil Agenda I tem - 10.C. Presenter: M ike Barton, M P R P arks S uperintendent Estimated Time f or P resentation: 5 minutes Title of I tem - Parks and Recr eation Department: Turf Renovator B udget Amendment Not to Exceed $12,995 (Net Zero) [Action Item] C ouncil Notes: MYB has an agreement to reimburse the City the cost of the turf renovator. AT TAC HM E NT S: Description Type Upload D ate F Y2019 Budget Amendment - MP R Turf R enovator B udget A mendment 3/13/2019 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 3/13/2019 - 9:49 A M P arks and Recreation Fields, J enny Approved 3/13/2019 - 10:34 A M Meridian City Council Meeting Agenda March 19, 2019 – Page 630 of 652 co W 0 O T- 0 0 N Ltz w C CO C v •� O Qi CT w O C O O •C Lu Gi � LL o U (D Iz— VF O O ZZ ~ oo0 t f as � L v v }> 5� Z u u cr� z El � cu CCu ro ro v�# d �v b x N t p V a C m 0 `m ro E o w 4 n n m a E o 0 ro N H w c Q >' 0 0 7 O ui a E E 'i Z � C: � a z z W F o c c a E € E E m o O m o LL N v N m Ln v V1 C: V7 s c a C o- > 0 c D _0 1 ti E W - - E V - - C 1 a 0 b h F - ,r O b O O O O O O N m Ln co W 0 O T- 0 0 N Ltz w C CO C v •� O Qi CT w O C O O •C Lu Gi � LL o U (D Iz— CL VF O O ZZ -1 - � oo0 N as V} L v v }> 5� Z u u cr� O El � o CCu ro ro v�# d �v � q° LU, x N t p V a C m 0 `m ro E o w c rA n n m a E o C� ro N C C w c V C 0 0 7 c ui a E E 'i Z o z N� E THE v z z 0 E F o c c a E € E E m o t t m o CL VF VT VT V) VT N V} VT v VT u V! O O v c o °�° 0 c 0 0 0 0 0 3 i O 3 0 0 a E r- 0 0 0 o 0 0 o c r c a m 0 E € m o m m o N N N N N m Ln w V1 ¢ V7 ° a 2 o- > 0 c D uw LL 1 i E W - - - - - 0 0 0 0 o O O O O O O O O N m Ln N O N N O m N 0 N 0 N 0 N 0 v v v v N a N a N v N a O O o 0 o o 0 o N N N Ln N N N Ln N Ln N Ln N tn N Ln I 0 0 0 O O O O x VT VF VT VT V) VT N V} VT V} VT VT V! O O O o 0 0 0 0 0 0 0 0 0 i O o 0 0 0 0 0 0 0 0 0 0 0 r ti r r N N N N N N � V1 V1 V1 V1 V7 V1 V1 Vl Ul In V1 V1 V1 i � - - - - - 0 0 0 o O O O O O O O o o 0 Ln m C r4 V? c O C O a ami 7 C OJ w 41 0 F l� X11 C� 0 Ln m C r4 V? c O C O a ami 7 C OJ w 41 0 F Meridian City Council Meeting Agenda March 19, 2019 – Page 632 of 652 MEMORANDUM OF AGREEMENT FOR FINANCIAL CONTRIBUTION FOR TURF RENOVATION MACHINERY This MEMORANDUM OF AGREEMENT ("Agreement") is made this 1 q"Iday of March, 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Youth Baseball / Softball, Inc., an Idaho nonprofit corporation ("MYB/S"). WHEREAS, City and MYB/S have a longstanding partnership regarding the use and maintenance of baseball and softball fields within Meridian Settler's Park; WHEREAS; MYB/S desires to purchase for City's use a turf renovation machine; WHEREAS, MYB/S is willing to contribute to City $12,995 to reimburse City for expenses related to the procurement of the turf renovation machine. 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. CITY'S RESPONSIBILITIES. A. Procurement. City shall purchase a PTO -60 Klopping-Hardie Turf Renovation Machine (the "equipment') consistent with the attached quotation dated February 4, 2019. B. Inventory. City shall book the equipment into its inventory and shall maintain the equipment for the term of its useful life, the length of which shall be in the City's sole determination. C. Use of Equipment. The primary use of the equipment shall be to support MYB/S field operations, and equipment shall be stored, used, and maintained solely by employees and agents of the City of Meridian at such time and at such places the City determines to be appropriate. D. Invoice MYB/S. City shall provide one (1) invoice to MYB/S in the amount of $12,995.00 and City shall use such amount for the payment of expenses related to the procurement of the equipment. II. MYB/S's RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MYB/S shall provide payment to City in the amount of $12,995. MEMORANDUM OF AGREEMENT FOR MYB/S CONTRIBUTION FOR TURF RENOVATION EQUIPMENT PACE 1 OF 3 III. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2019. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian Roger Norberg 33 E. Broadway Ave Meridian, ID 83642 MYB/S: Meridian Youth Baseball / Softball Inc. Jake Hines 13601 W. McMillan Road Box 102-292 Boise, ID 83713 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. MERIDIAN _Y_- 1,TH BASEBALL/SOFTBALL INC: �QORATEDAVC t1he T�Z ity of 0 $1GNA ,REIA/DAMOAL.TAKE Hines. PresidentREASV�� CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor C.Jay Coles, City Clerk MEMORANDUM OF AGREEMENT FOR MYB/S CONTRIBUTION FOR TURF RENOVATION EQUIPMENT PAGE 2 of 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 6 3 5 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 10 D Project File Number: Item Title: Budget Amendment for Meeting Notes: Public Works: WRRF Headworks Upgrades with Odor Control. Not -to -Exceed $481,546 0 I TEM SHEET C ouncil Agenda I tem - 10.D. Presenter: Clint Dolsby Estimated Time f or P resentation: 10 min Title of I tem - Public Works: WRRF Headworks Upgrades with Odor Control B udget Amendment Not to E xceed $481,546 [Action Item] Budget Amendment f or F Y 2019 in the amount of $481,546 f or the W R R F Headworks upgrades with odor control construction project C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P W C ouncil Memo Cover Memo 3/13/2019 B udget A mendment Cover Memo 3/13/2019 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.Coles, C.J ay R ejected 3/13/2019 - 4:55 P M P ublic Works.Russell, D iana Approved 3/13/2019 - 3:04 P M P ublic Works.Coles, C.J ay Approved 3/13/2019 - 5:07 P M P ublic Works.Fields, J enny Approved 3/13/2019 - 5:35 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 636 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 637 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 638 of 652 Meridian City Council Meeting Agenda March 19, 2019 – Page 639 of 652 L.L m = m y N LL C O O ^4-,u W a.. ° bioO 3 cu E � U _0� C v C a c 3 o v CD � Z O A c ism m� Q ,1 o v v a O O � a � O > > v N O � � 0 0 � 7 E 0')o � F7 O u u O N v) t' O u o V O_0:E U V 4t U U Y U U_ N U. 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E Q _ E > > > V Q) .— N ' 2 N w E w O U N U NE v) H F- C F- 7 O= O 2 O O O O O O O O O O 0 O O O O ci O c -I O �-i O a -i O ci O a -I O N O c -I O c -I O i -I O ri O ci O a -i O O m 0 0 0 N a O O O In N N a -i O M m 0 N 0 N 0 N (D 0 N Q 0 N 0 c -I 0 V 0 al Lfl M LO In N M VI M Vl M Ln M L11 M h In h V1 W lD OD l0 Ol lD O o 0 0 0 0 o o 0 0 0 0 0 m In In In In W Ln m m m m m m m m m m m m m m m m m .-+ m m 0 0 o 0 0 0 0 o o 0 0 li o lD lD W lD lD W W lD W W lD O LD a. a a o a d w w w a Y N z O C ci LLL v Re Ln 1 Co Ch mil M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 6 4 1 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 6 4 2 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 6 4 3 o f 6 5 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 1 9 , 2 0 1 9 – P a g e 6 4 4 o f 6 5 2 City Council Regular Meeting March 19, 2019 Agenda Item Number: 11 A Project File Number: Item Title: Ordinance No. 19-1818 An Ordinance Adding a New Chapter, Chapter 3, To Title 8, Meridian City Code, Regarding Vehicle Sharing Programs; Amending Meridian City Code Section 4-2-2, Regarding Party Responsible For Nuisance; Adding A New Section, Meridian City Code Section 7-1-9, To Title 7, Chapter 1, Meridian City Code, Regarding Electric Power -Assisted Bicycles and Scooters; Adding A New Subsection, Subsection 7-1-9(F), To Meridian City Code Section 7-1-9, Regarding Prohibited Parking; Adopting A Savings Clause; And Providing An Effective Date Meeting Notes: 0 �ame'y- - "o I TEM SHEET C ouncil Agenda I tem - 11.A . Presenter: Bill Nary Estimated Time f or P resentation: 5 minutes Title of I tem - Ordinance No. 19-1818: An Ordinance Adding A New Chapter, Chapter 3, To T itle 8, M eridian City Code, Regarding Vehicle S haring Programs; Amending M eridian C ity C ode S ection 4-2-2, Regarding P arty Responsible For Nuisance; Adding A New Section, M eridian City Code Section 7-1-9, To T itle 7, Chapter 1, M eridian C ity C ode, Regarding Electric Power-Assisted Bicycles And Scooters; Adding A New Subsection, S ubsection 7-1- 9(F ), To M eridian C ity Code S ection 7-1-9, Regarding P rohibited P arking; Adopting A Savings Clause; And Providing An E ffective Date C ouncil Notes: Vehicle Sharing Program ordinance authorizing f ranchise and establishing regulations regarding where to ride and park shared vehicles. AT TAC HM E NT S: Description Type Upload D ate V E S P O Ordinance Cover Memo 3/14/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 3/14/2019 - 5:03 P M L egal.B aird, Ted Approved 3/14/2019 - 5:09 P M Meridian City Council Meeting Agenda March 19, 2019 – Page 646 of 652 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1818 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 3, TO TITLE 8, MERIDIAN CITY CODE, REGARDING VEHICLE SHARING PROGRAMS; AMENDING MERIDIAN CITY CODE SECTION 4-2-2, REGARDING PARTY RESPONSIBLE FOR NUISANCE; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 7-1-9, TO TITLE 7, CHAPTER 1, MERIDIAN CITY CODE, REGARDING ELECTRIC POWER-ASSISTED BICYCLES AND SCOOTERS; ADDING A NEW SUBSECTION, SUBSECTION 7-1-9(F), TO MERIDIAN CITY CODE SECTION 7-1-9, REGARDING PROHIBITED PARKING; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 50-329, and Alpert v. Boise Water Corp. , 118 Idaho 136 (1990) municipalities are duly authorized to establish franchises by ordinance, including franchises for the use of streets and sidewalks within city limits; to establish terms and conditions of such use; and to establish a franchise fee for such use; WHEREAS, Idaho Code section 49-208 authorizes municipalities to regulate the use of highways by any kind of traffic found to be incompatible with the normal and safe movement of traffic, regulate persons upon toy vehicles, and establish procedures for the removal of vehicles from sidewalks and highways; WHEREAS, the City Council of the City of Meridian finds that electric power- assisted scooters ( e-scooters) are consumer products as described in 15 United State Code section 2085 and/or toy vehicles as referenced in Idaho Code section 49-208(1)(s), and are not motor vehicles as defined in Idaho Code section 49-123(1)(h); WHEREAS, the City Council of the City of Meridian seeks by this ordinance to: 1) protect and enhance the safety of the several users of streets and sidewalks in our community, including pedestrians, vehicular traffic, and shared vehicle riders; 2) facilitate micromobility transportation options for residents of and visitors to Meridian; 3) establish clarity in regulation for operators and users of Shared Vehicle Programs, as well as City staff and Meridian citizens; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new chapter, Chapter 3, shall be added to Title 8, Meridian City Code, to read as follows. Meridian City Council Meeting Agenda March 19, 2019 – Page 647 of 652 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 2 TITLE 8 PUBLIC WAYS AND PROPERTY CHAPTER 3 VEHICLE SHARING PROGRAMS SECTION 8-3-1: DEFINITIONS For the purposes of this chapter, these terms shall be defined as follows. All times enumerated in this chapter shall refer to Mountain Standard Time. A. ELECTRIC POWER-ASSISTED BICYCLE or E-BIKE: See definition of “electric- assisted bicycle” in Idaho Code section 49-106, incorporated herein by reference. B. ELECTRIC POWER-ASSISTED SCOOTER or E-SCOOTER: A vehicle that has two (2) or three (3) tandem wheels, has a floorboard designed to be stood upon when riding , and is propelled either by human power or with the assistance of an electric motor. E-scooters are consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49-123(1)(h). C. FRANCHISED PREMISES: Public streets and sidewalks in the City of Meridian; paved, ground-level surfaces on property owned by the City of Meridian, excluding the Water Department and the Wastewater Reuse Facility; and pathways enumerated in the City of Meridian Pathways Master Plan, to the extent City is duly authorized to convey such franchise under the various instruments establishing such pathways. D. OPERATOR or VEHICLE SHARING PROGRAM OPERATOR: A person who owns, manages, operates, or acts on behalf of a Vehicle Sharing Program. E. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service, of one or more shared vehicles. F. RIDER: A person riding or using a shared vehicle. G. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offered by a Vehicle Sharing Program Operator for hire or use by self-service. SECTION 8-3-2: VEHICLE SHARING PROGRAM FRANCHISE: A. Franchise established; consideration. There is hereby created by the City of Meridian a non-exclusive Vehicle Sharing Program franchise for the operation of Vehicle Sharing Programs on Franchised Premises. In consideration for City’s grant of a franchise under this Chapter, City shall not operate a Vehicle Sharing Program in Meridian. B. Franchise required. It shall be unlawful for any person to conduct a Vehicle Sharing Program unless a valid City of Meridian Vehicle Sharing Program Operator Franchise has Meridian City Council Meeting Agenda March 19, 2019 – Page 648 of 652 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 3 been issued as herein provided and said franchise is in full force and effect. City may remove any shared vehicles offered by an unfranchised Operator. SECTION 8-3-3: VEHICLE SHARING PROGRAM OPERATOR REQUIREMENTS: A. Parking. Riders shall park shared vehicles upright. No person shall park a shared vehicle used under a Vehicle Sharing Program: 1. In any vehicular travel lane or bike lane; 2. In a manner or location that reduces the width of the useable area of a public sidewalk or pathway to less than five feet (5’). 3. On a block without sidewalks; 4. In a manner or location that impedes ADA accommodations, including, but not limited to, curb ramps, railings, or signal buttons; 5. In a manner or location that impedes a fire hydrant or other public safety infrastructure; 6. In any on-street parking space; 7. On private property without permission of the owner of the property; or 8. On or in a driveway. B. Parking shared vehicles in City parks. Riders shall park shared vehicles upright, at a public bicycle rack or at a parking location identified by a Beacon. Operators deploying shared vehicles in parks shall park such shared vehicles upright, at a public bicycle rack or at a parking location identified by a Beacon. C. Responsible for nuisance. Operator shall be presumed to be responsible for any general nuisance created by a shared vehicle where such shared vehicle is left on any portion of a public sidewalk or roadway. Operator bears the burden of rebutting this presumption. SECTION 8-3-4: PENALTY: Any person committing an act prohibited by this chapter, or failing to comply with a requirement of this chapter, shall be deemed to have committed an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing a violation of any provision of this chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties, as set forth in this Chapter or elsewhere in any applicable City, state, or federal law. Each day upon which a violation of this chapter occurs and/or continues may be deemed a separate and distinct violation. SECTION 8-3-5: ENFORCEMENT: Peace officers, code enforcement officers, and/or community service officers shall be empowered to enforce the provisions of this section. Such officers may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or to the Vehicle Sharing Program Operator. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. Section 2. That Meridian City Code section 4-2-2 shall be amended to read as follows. Meridian City Council Meeting Agenda March 19, 2019 – Page 649 of 652 VEHICLE SHARING PROGRAMS ORDINANCE PAGE 4 SECTION 4-2-2: RESPONSIBLE PARTY: A. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. B. Where a general nuisance is created by personal property on any portion of a public sidewalk, the owner of the personal property, if such owner can be identified, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Section 3. That a new section, Meridian City Code section 7-1-9, shall be added to Title 7, Chapter 1, Meridian City Code, to read as follows. 7-1-9: ELECTRIC POWER-ASSISTED SCOOTERS: Persons riding e-scooters, as such term is defined in Title 8, Chapter 3, Meridian City Code, shall comply in all respects with the following provisions. 1. On streets which have a speed limit of greater than 45 miles per hour or more, persons riding e-scooters shall ride only on the adjacent sidewalk, and shall not ride on the street. 2. On streets which have a speed limit between 25 miles per hour and 45 miles per hour, persons riding e-scooters shall ride in bike lane s where available, or, where bike lanes are not available, rider s may ride on the adjacent sidewalk. 3. On streets which have a speed limit of 25 miles per hour or less, persons riding e-scooters shall ride on the street, in bike lane s when available. 4. Persons riding e-scooters shall yield to pedestrians at all times. Persons riding e-scooters on a sidewalk must maintain a distance of two feet (2’) from all pedestrians . 5. Persons riding e-scooters may not carry any passengers. Section 4. That a new subsection, subsection 7-1-9(F), shall be added to Meridian City Code section 7-1-9, to read as follows. 7-2-2: PROHIBITED PARKING: Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: * * * F. Park or leave unattended an e-bike or e-scooter, as such terms are defined in Title 8, Chapter 3, Meridian City Code: 1. In any vehicular travel lane or bike lane; 2. In a manner or location that reduces the width of the useable area of a public sidewalk or pathway to less than five feet (5’); 3. On a block without sidewalks; Meridian City Council Meeting Agenda March 19, 2019 – Page 650 of 652 4. In a manner or location that impedes ADA accommodations, including, but not limited to, curb ramps, railings, or signal buttons; 5. In a manner or location that impedes a fire hydrant or other public safety infrastructure; 6. In any on -street parking space; 7. On private property without a written agreement with the owner of the property; or 8. On or in a driveway. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective thirty (30) days following its first reading, pursuant to Idaho Code section 50-329. PASSED by the City Council of the City of Meridian, Idaho, this lq'day of O,WI) , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this day of mar 2019. APPROVED: Tammy de Weerd, Mayor ATTES r'11AY Col City C erk VEHICLE SHARING PROGRAMS ORDINANCE PAGE 5 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1818 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed the following summary, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this l day of '2019. William L.M. Nary, City Attorney NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1818 An Ordinance adding a new chapter, Chapter 3, to Title 8, Meridian City Code, regarding Vehicle Sharing Programs; amending Meridian City Code Section 4-2-2, regarding party responsible for nuisance; adding a new section, Meridian City Code section 7-1-9, to Title 7, Chapter 1,Weridian City Code, regarding electric power -assisted bicycles and scooters; adding a new subsection, subsection 7-1-9(F), to Meridian City Code section 7-1-9, regarding prohibited parking; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ti I of Me dian Mayor and City Council First Reading: V /,� / ��G1 Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_ NO Second Reading: By: C.Jay Coles, City Clerk Third Reading: ✓ QO�yTED AUG�S o- Tv (� ('ily of IDIAN�_— IDAHO SEAL 7�") VEHICLE SHARING PROGRAMS ORDINANCE PAGE 6 City Council Regular Meeting March 19, 2019 Agenda Item Number: 12 Project File Number: Item Title: Future Meeting Topics Meeting Notes: