Loading...
HomeMy WebLinkAbout2016-11-22Meridian City Council Meeting Agenda Tuesday, November 22, 2016 – Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 22, 2016 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Mark Bryan with Harvest Church Meridian 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved as noted A. Approve Minutes of November 9, 2016 City Council Regular Meeting B. Memorandum of Agreement Between Meridian Development Corporation and City of Meridian For Landscape, Lighting, Other Improvements, Easements and Right of Way for Pine Avenue Project Moved to Item 6B C. Pedestrian Pathway Easement Between New Cavanaugh, LLC and the City of Meridian Regarding Caven Ridge Estates No. 1 on the Ridenbaugh Canal D. Sanitary Sewer Easement Between the City of Meridian and Holly Plaza, LLC within VanAuken Subdivision E. Development Agreement for Knightsbridge Subdivision (H-2016-0088) with Julie Lyon & Samuel Grayson (Owner's) and Schultz Development LLC (Developer) for a parcel of land located in the SE 1/4 of the SW 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County F. Development Agreement for Edgehill Subdivision (H-2015-0005) with Corey Barton and Challenger Development Inc., The site is located at the southeast corner of S. Linder Road and W. Victory Road at 1393 and 1405 CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, November 22, 2016 – Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. W. Victory Road, in the NW ¼ of Section 25, Township 3 North, Range 1 West. (Parcel No.’s: S1225223205 & S1225223185) G. Second Addendum Development Agreement for Grace at Fairview Lakes (H 2016-0044) with Doug Tamura and Grace at Fairview Lakes, Located at 1960 N. Lakes Place in the southeast 1/4 of Section 6, Township 3 North, Range 1 East, Meridian, Ada County, Idaho H. Approval of Task Order 10022.C to Brown and Caldwell for the “WRRF FACILITY PLAN UPDATE FY 2017” project for a Not-To-Exceed amount of $497,073.00. I. Final Plat Approval for Verado Subdivision No. 1 (H-2016-0122) by DevCo., LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road 6. Items Moved From the Consent Agenda B. Memorandum of Agreement Between Meridian Development Corporation and City of Meridian For Landscape, Lighting, Other Improvements, Easements and Right of Way for Pine Avenue Project Approved 7. Community Items/Presentations A. Children’s Museum Presentation 8. Department Reports A. Mayor's Office: Resolution No. 16-1180: A Resolution Appointing Treg Bernt to Seat 5 of the Meridian Planning and Zoning Commission Approved 9. Action Items 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 Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. Meridian City Council Meeting Agenda Tuesday, November 22, 2016 – Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. A. Final Plat for Goldengrove Subdivision (aka Logan Creek) (H-2016-0124) Located at 4617 Martinel Lane by Heartland Homes, LLC Continued to December 6, 2016 1. Final Plat Consisting of 67 Building Lots and 15 Common Lots on 21.75 Acres of Land in the R-4 Zoning District B. Public Hearing for Seyam Subdivision (H-2016-0123) by Volante Investments LLLP, Located on the North Side of E . Franklin Road and Approximately 1/2 Mile East of N. Eagle Road Approved 1. Request to Vacate Plat Note #10 and the Graphic Depiction on the Seya m Subdivision Plat Which States Lot 3, Block 1 is a Non -Buildable Lot C. Public Hearing for Knighthill Center Subdivision No . 2 (H-2016-0121) by James R Wylie IV Located at 6241 N. Linder Road Approved 1. Request for a Short Plat Consisting of Two (2) lots on 3.04 Acre s of Land With a C-G Zoning District 10. Ordinances A. Ordinance No. 16-1714: An Ordinance (H 2015-0005 - Edgehill Subdivision) Of the City of Meridian Granting Annexation and Zoning for a Parcel of land located in the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 40.19 acres more or less and is situated in Ada County, Idaho, and adjacent and contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R -4 (Low Density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as Required by Law; and Providing for a summary of this Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. Approved B. Ordinance No. 16-1715: An Ordinance (H 2016-0088 - Knightsbridge Subdivision) Of the City of Meridian granting Annexation and Zoning for a Parcel of Land Located in the SE ¼ of the SW ¼ of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.15 acres more or less and is situated in Ada County, Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Cla ssification of said Lands from RUT to R-4 (Low Density Residential) District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, Meridian City Council Meeting Agenda Tuesday, November 22, 2016 – Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. Approved 11. Future Meeting Topics A. Invite Planning and Zoning Commission Chair Yearsley to provide i nsight into request to expand commission seat size (talked about during Item 8A) B. Councilmember Little Roberts asked for an update from the Idaho Transportation Department be given at a future meeting about the left-in lane closure off Eagle Road into the Village at Meridian 12. Executive Session per Idaho State Code 74 -206(1)(c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 7:05pm Out of Executive Session at 7:26pm Ad journed at 7:26pm Meridian City Council November 22, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, November 22, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Machelle Hill, Josh Beach, Sonya Allen, Clint Doslby, Berle Stokes, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Thanks for joining us tonight. For the record it's Tuesday, November 22nd. It's 6:00 p.m. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Mark Bryan with Harvest Church Meridian De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Mark Bryan with Church of the Harvest -- or Harvest Church Meridian. Although I swear I have seen it online is Harvest Church Boise. So, I'm glad to see Meridian on that. I invite all of those in attendance to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. I did have to give you a hard time. Bryan: It's quite all right. Let us pray. Father in Heaven, we thank you for this day and we thank you, Lord, for this opportunity to gather together in honor of you and to pray for our city, to pray for our Mayor and the Council and the city leaders and those who serve the citizens of this great city and this week, Lord, where our nation celebrates a Biblical attitude and perspective of Thanksgiving. We pray that we would be thankful. I thank you for our Mayor. Thank you for Meridian City Council November 22, 2016 Page 2 of 30 this city. I thank you that I can live and pastor in one of the great cities of America and I pray, Lord, that you would protect our city. Pray especially tonight for our police officers and -- and the police officer of America that are under such an assault from a spirit of division and arrogant attack of violence against authority. We pray, Lord God, that you would protect America from further bloodshed and violence on our homeland and continue to protect Meridian and continue to protect the officers of the Treasure Valley. We pray now for wisdom as we ask of you wisdom from above as this City Council deliberates the issues at hand and most of all may we be thankful this week for the many blessings that we enjoy. We ask these things in the mighty and powerful name of Jesus Christ, amen. De Weerd: Thank you, Pastor Bryan, and I -- I do want to thank you for what you do in our community, the support you have given our -- our Police Department, remembering the men and women in blue in your invocation and also very excited to kick off Harvest Transit next month and just appreciate you and you r team for stepping forward and being a part of this monumentous occasion and providing mobility to our seniors and disabled, those that have had a real struggle being mobile. So, thank you so much. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 5-B will be moved to 6-B. And Item 8-A is -- the resolution number is 16-1180. Item 9-A has been asked to be continued to December 5th, 2016. And 10-A is Ordinance No. 16-1714 and 10-B the ordinance number is 16-1715. And with that I move we adopt the amended agenda. Borton: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of November 9, 2016 City Council Regular Meeting Meridian City Council November 22, 2016 Page 3 of 30 C. Pedestrian Pathway Easement Between New Cavanaugh, LLC and the City of Meridian Regarding Caven Ridge Estates No. 1 on the Ridenbaugh Canal D. Sanitary Sewer Easement Between the City of Meridian and Holly Plaza, LLC within VanAuken Subdivision E. Development Agreement for Knightsbridge Subdivision (H-2016-0088) with Julie Lyon & Samuel Grayson (Owner's) and Schultz Development LLC (Developer) for a parcel of land located in the SE 1/4 of the SW 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County F. Development Agreement for Edgehill Subdivision (H- 2015-0005) with Corey Barton and Challenger Development Inc., The site is located at the southeast corner of S. Linder Road and W. Victory Road at 1393 and 1405 W. Victory Road, in the NW ¼ of Section 25, Township 3 North, Range 1 West. (Parcel No.’s: S1225223205 & S1225223185) G. Second Addendum Development Agreement for Grace at Fairview Lakes (H 2016-0044) with Doug Tamura and Grace at Fairview Lakes, Located at 1960 N. Lakes Place in the southeast 1/4 of Section 6, Township 3 North, Range 1 East, Meridian, Ada County, Idaho H. Approval of Task Order 10022.C to Brown and Caldwell for the “WRRF FACILITY PLAN UPDATE FY 2017” project for a Not-To-Exceed amount of $497,073.00. I. Final Plat Approval for Verado Subdivision No. 1 (H- 2016- 0122) by DevCo., LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road De Weerd: Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item B will be moved to 6-B. And with that I move we approve the Consent Agenda as amended and for the Mayor to sign and the Clerk to attest. Meridian City Council November 22, 2016 Page 4 of 30 Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda B. Memorandum of Agreement Between Meridian Development Corporation and City of Meridian For Landscape, Lighting, Other Improvements, Easements and Right of Way for Pine Avenue Project De Weerd: There was an item moved from the Consent Agenda, so Item 6 we will hear Item 5-B from the Consent Agenda. Chatterton: Madam Mayor, just to clarify, that's 6-B, first item -- it's the first of the items that got extended. Good, I wanted to make sure I was addressing the right item. This item concerns the Pine Avenue improvement project. This project will require a budget amendment next year, so that's the reason we asked for it to be taken off Consent Agenda. We didn't -- thought that was bad form for anything that creates a need for a budget amendment to be on the Consent Agenda. However, the good news is that the budget amendment will be net zero or revenue neutral. It will be at no additional cost to the city's budget. Finance likes us to do this -- to do budget amendments, because it gives us spending authority. So, the item on your -- on your agenda is, essentially, an agreement between -- it outlines ACHD will charge the city for the Meridian Development Corporation's improvements, which are in addition to what ACHD is doing out there on Pine Avenue and we will pay -- we will pay what MDC gives us to ACHD and, then, be reimbursed by MDC later on. So, essentially, ACHD wanted to work with a single entity. So, the city is that entity. We have a good working relationship with them and it simplified things for them for MDC to be working through us and, essentially, using us as a pass through and for project management as well. So, that's -- that's what this is all about. The agreement structures that relationship. It confirms that MDC will be paying these costs. ACHD still has to determine some of its cost, especially the cost of the right of way. We will know more about that next year, but when this budget amendment for this revenue-neutral amendment comes around, you will know what it is at that time and we will remind you of it. Meridian City Council November 22, 2016 Page 5 of 30 De Weerd: Thank you, Bruce. I do see a representative from MDC here. Dan, did you want to say anything? Okay. Well, this is really formalizing our gateway into downtown to -- on the east side of our urban renewal district and excited to see the improvement made. Council, any questions for Bruce? Or for Dan? Okay. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the memorandum of agreement with MDC for Pine Avenue. Milam: Second. De Weerd: I have a motion and a second to approve the memorandum between MDC and the City of Meridian. If there is no discussion, Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, abstain; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. Item 7: Community Items/Presentations A. Children’s Museum Presentation De Weerd: Item 7-A we have the honor of having Jacy Jones here to give us an update on the Children's Museum. Or Bubbles. Now you will have to tell us the story behind Bubbles. Jones: We can do that. Madam Mayor, Members of the Council, nice to see you all. Thank you for having me back tonight. I have a PowerPoint and my friend C.Jay is on it. Although I like that one better. Perfect. Thank you. So, Bubbles, a Children's Museum. The mission of Bubbles, a Children's Museum, is to ignite the creative potential of children and families by providing unique hands-on experiences, enabling adventure and discovery, while honoring local history and agriculture, industry, education and culture. And the vision of our team is to be the premier destination for family-oriented interactive learning. We originally wrote our vision with Ada county in mind and we said we want to be the -- you know, the destination for family-oriented interactive learning in Ada county and, then, we thought, well, no, Idaho. And, then, we thought the Pacific Northwest and, then, we said, no, we don't want to limit it. We want to be where people Meridian City Council November 22, 2016 Page 6 of 30 want to be. So, the story behind Bubbles comes from this awesome start to potentially a logo or a sign that Susan Mahoney -- and I will talk a bit more about her -- had drafted probably a year and a half ago and it's a little girl who is blowing bubbles and her bubbles are her imagination and no matter how old you get, any of us who are around children, they light up when they blow bubbles and they -- it's magical and it's interactive and kids at all ages seem to -- it's -- I don't know. It's -- it's a -- it's a win at every party. You know, you bring out the bubbles and kids are drawn to the imagination that that creates. So, that same feeling of just youthful joy is what we are hoping to create in our facility. Maybe -- see, you think I would be better at this one. De Weerd: You would think you would be familiar with it. Jones: Right. Should be all over that. All right. The history of our group. The idea for an interactive children's museum actually began with the Boise Rotary. Susan Mahoney is a Rotary member and she had an idea to open a facility in Idaho that would be a safe place for children to interact and grow through hands- on learning. The facility should provide opportunities for children to engage with the world in new ways that they haven't previously experienced. The facility should also be a location where adults and children interact together, generating a shared love of life-long learning. Susan reached out to Mayor Tammy sometime in 2015. We think summer, although my memory could be off on that. And shared her idea. Creating a facility like this would support the City of Meridian's vision to be a premier place to live, work and raise a family. City staff -- and I'm going to say insert Hillary's name here, because she's amazing -- worked with Ms. Mahoney to create an advisory committee of other interested community members and the group began working to facilitate meetings . The first advisory committee meeting was in October of 2015. That's just a nice little picture of a children's museum in Indianapolis. So, this is going to be a community project. No one agency is responsible. Any community members who are interested in participating in this group are invited and welcome to attend our advisory meetings. A recent survey completed by the Meridian Development Corporation showed that there is a community desire and support for a children's museum facility in the Meridian area. In our experience with the advisory committee further proves these findings. We have members on our advisory committee from the following organizations. City of Meridian. The Meridian Historic Preservation Commission. Meridian Development Corporation. Meridian Downtown Business Association. The Rotary Club. The Optimist Club. Meridian Library District. West Ada School District. Habitat for Humanity. Twiga Foundation, Ada County Assessor, DL Evans Bank, Thrivent Financial, All American Insurance, Meridian Historical Society and, then, we have independent members with backgrounds in museum management, STEM Consulting, local PTAs and insurance -- insurance companies. And many hands make for light work. It's truly going to be a community project and the community is clearly invested and willing to work for it. So, our board members -- we are either -- they either nominated from that group of volunteers from our group of advisory Meridian City Council November 22, 2016 Page 7 of 30 members and we had -- the first four members were selected in July and the final two members added just last month. Board members are Dan Basalone with Meridian Development Corporation and Meridian Downtown Association. Susan Mahoney of the Rotary Club. Woody Sobey, who is a STEM Consultant and an adjunct professor at Boise State. Ashley Ford Squires, owner of AF Public Solutions, LLC. Stephanie Altorfer-Prusia is a local mortgage loan consultant and, then, myself and I serve with the Meridian Historic Preservation Commission. So, this group of six people will be the regular -- will regularly meet to discuss the progress of this and will be the responsible and deciding board for decisions moving forward. Our regular board meetings are the second Monday of each month at 4:30 p.m. The board adopted bylaws and signed articles of incorporation paperwork on October 19th of just this year. The articles of incorporation were received and filed with the Secretary of State on October 28th. Bylaws and all of the documentation have been approved and we have them available. You can contact any member of the board for copies of those records. You don't even have to touch it now and it just changes. Somebody doing that? Are you doing that? You're amazing. Like it's magic. So, our next steps -- now that our articles of incorporation have been filed, we plan to apply for a 501(c)(3) nonprofit status. This process can take two to 12 months and because we don't want to limit our group's ability to fundraise, it will cost 750 dollars. We will be seeking donations from the community to pay for this initial fee and, then, we will begin reaching out to our business and development community for sponsorships. As demonstrated by the children's museum in Miami, there will be many opportunities for partnerships and in-kind donations, allowing space for our sponsors to advertise and you can see that done here with Bank of America. Oh, too far. Go back. Thank you. Let's see. Our goal is to purchase or lease a property in the Meridian core area. We have researched and reviewed performance from other similar organizations . Our target is to open the door within five years. It might be an aggressive timeline, because most museums launch within seven to ten years of incorporating. But we have a unique situation in that we live in Meridian and Meridian is a community that supports youth and development. Community members that we have reached out to are eager to participate and help where ever they can. We have had offers from families to come in and do build days. We have had offers from moms who volunteered to get their kids involved raising money. It's something that I have yet to talk to somebody who doesn't have some connection where they feel passionate about wanting to help. We would like the museum to be a destination that brings families into Meridian's downtown, helping spur the local economy, support local businesses, and add to Meridian's Main Street environment. Thank you. So, our ask today. We don't have one. Other than to simply ask for your support. In order to be successful we will need the support of our local government and quasi-government organizations. If you're at an event and have an opportunity to put a plug in about what we are doing, we would appreciate it. Based on our research we need to raise approximately 1.8 million dollars before we can open the doors. That allows for new construction, gallery and exhibition space, along with exhibit design, fabrication, installation and operating costs and Meridian City Council November 22, 2016 Page 8 of 30 utilities. Our goal is to establish partnerships and seek donations from local developers or other interested groups and truly make this a project for and by the community. In the next year we plan to hold fundraising events and would love for you to attend. We are planning a black-tie cocktail event for the grown-ups and if you pop it exhibit for kids. Josh Evarts, with the Vault, has graciously offered to let our group use his location to hold these events. So, the reality is that we have a long road in front of us and we are all aware of that and honest about it, but we have also seen Meridian do wonderful things when it comes for kids. So, that's all that we are asking today is just for support. As we work to establish an online presence we would appreciate that you like and share us and I have no doubt with the team that we have assembled that we will be successful. So, big things are happening. And with that I will stand for questions. De Weerd: Thank you. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Wonderful presentation. This is so exciting to see. So, thank you for being part of this and working on it. Looking at your -- I love your slideshow. It was just giving me goosebumps and real excited. My question is -- is for your first fundraiser you need 750 dollars for the federal 501(c)(3) status; is that -- Jones: So -- yes. That's the first initial goal. We have an offer from a Patricia Kempthorne, who has what's called the Twiga Foundation and it's a 501(c)(3) that she's already maintained and she -- we are in talks. She's offered to let us go under her umbrella. We will have to work with -- Joe Kozlowski was offering his services to our group, so we need to kind of work through how that would work and if we are not able to go that direction, that first benchmark is the 754 for the nonprofit status. The initial nonprofit status you can file for 400 dollars, but only if you guarantee that you will not generate more than 40,000 dollars of income in the first five years and, obviously, we plan to exceed that. So, we are going for the larger benchmark. Milam: It doesn't seem like it should be very hard to do that. I'd like to know as soon as you're ready, because I will make a donation. Jones: Thank you. I appreciate that. Thank you. That's very kind. De Weerd: Thank you. Any other questions? This is exciting to see how far you have come in a real short amount of time and can tell you that the members on that group are enthusiastic. They are huge youth supporters and we love to see the collaboration and the connections that are going on around this . So, thank you, Jacy, for coming and presenting. Meridian City Council November 22, 2016 Page 9 of 30 Jones: Thank you all for your time and if you have any other questions feel free to reach out to me or Dan and Ashley. We are all around, so -- all right. Thank you. De Weerd: Thank you. Happy Thanksgiving. Jones: Thank you. Item 8: Department Reports A. Mayor's Office: Resolution No. 16-1180: A Resolution Appointing Treg Bernt to Seat 5 of the Meridian Planning and Zoning Commission De Weerd: Item 8-A. In front of you is Resolution 16-1180. This is a resolution appointing Treg Bernt to Seat 5 and Treg would have been here, but he and his wife are out celebrating an anniversary out of the country. Cavener: He's in Mexico. De Weerd: I think that -- I offered to go with him and he could have stayed here and he didn't think that was a good swap, so -- Council, I would ask for your confirmation of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Resolution No. 16 -1180, a resolution appointing Treg Bernt to Seat 5 of the Meridian Planning and Zoning Commission. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8 -A. Mr. Clerk, will you call role. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, as we were working to fill this -- this opening, both planning staff and our legal team brought up the suggestion to consider expanding the Planning and Zoning Commission from five seats to seven seats. This is one of those commissions that takes a great deal of volunteer time and we feel that this is a great time in that we had excellent applicants and we'd like to have you Meridian City Council November 22, 2016 Page 10 of 30 consider expanding this commission from five to seven seats . It will certainly help in the workload in representing the community. Again, the amount of work that this group does is taxing in the time commitment as well and so I wanted to get your thoughts and if there is support we would bring back an amendment to the ordinance. Mr. Nary. Nary: Actually, Madam Mayor, Members of the Council, when we changed all the commission ordinances a couple years ago we made all of them up to nine members. De Weerd: Oh. Nary: So, this won't require any change of any type to do that if you wish to desire to appoint additional members. The state code only requires there be a minimum of three and, actually, allows a maximum of 12. But we made all of our commissions equal at a maximum of nine, so -- and this is the smallest commission at five. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would be in favor of adding two seats to Meridian Planning and Zoning Commission. Those guys volunteer a lot of time to take care of the planning and zoning business that -- that they are the buffer for us. So, I -- if we have got good applicants and stuff, I would certainly have no problems seeing it going to seven. De Weerd: I certainly brought that up in -- in the interviews, that they are the front line and first line of attack. So, they -- they take a lot of the technical questions, they vet and it's -- it's a great group and I think they would also like to see the additional seats as well. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know when they expanded the City Council from four to six one of the thoughts were to -- to spread the wealth a little bit more amongst more Council Members. Your comment about the -- the extra workload, I don't think any of us -- maybe minus Councilman Bird, if I may be correct, have served on the Planning and Zoning Commission. So, it might be helpful to get a -- I know what extra work goes in that -- De Weerd: And -- Meridian City Council November 22, 2016 Page 11 of 30 Cavener: I knew you, Madam Mayor. Outside of Council meetings I know that the Council Members have a lot of other duties that they fulfill, but it might be beneficial to hear some of that -- what that extra workload is for Planning and Zoning members that we would be helping to assist with. De Weerd: I think it's just always good to have different perspectives on -- on -- and people that live in different parts of the community that can bring that expertise and so we do try and find a greater balance. I will say the balance right now leans to the south side of Meridian and short of asking some of the members to step off, because of where they live, which I don't think is appropriate, you can find a better balance and perspective to bring to the discussion. It's -- it's more of a balance of -- of perspective, experience, angles to look at and relevance as to where these citizens live and also to time commitment. There are occasions that a member cannot always make every meeting and when you have a small commitment like that you have a hard t ime finding a quorum. So, it's -- we don't want to delay our -- our public hearings because we lack a quorum and, fortunately, that hasn't happened often, but I think that it does help balance it in that way, too. And even though our ordinance allows up to nine, I would like the nod from Council before I would entertained expanding a commission. I will bring names to you, then, next week, that -- the chair is in every opening for commissions -- we do have a process of application and interviews and both myself and the chair of the Planning and Zoning Commission met and interviewed the candidates and I do have two additional candidates set to fill those slots that would bring good experience of breadth to -- to the group. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I have a question for you. When -- when Council expanded to six did the meetings get longer? Bird: No. De Weerd: Yes, because Councilman Cavener speaks a lot. Cavener: Madam Mayor, my name was used, I find the need to respond. De Weerd: I would say that -- yeah, before I recognize Mr. Cavener, I don't -- I don't think necessarily they -- they have. It -- it got longer I think when we added members that -- that had not been involved on other commissions, in particular Planning and Zoning. Planning and Zoning is a great training ground, because you -- Council balances land use and policy and having that background and experience in land use helps narrow that learning curve that's pretty broad. So, that one is a hard question to -- in an absolute answer. Meridian City Council November 22, 2016 Page 12 of 30 Palmer: I guess maybe -- easier if I may. Would -- my worry, then, is if we -- which I definitely understand, you know, having people from more areas of the city to bring in, you know, more opinions and things that -- if there is something going into their area in north Meridian, for sample, is a whole lot different situation than in south Meridian and may be able to recognize challenges better. My only worry is that if we are talking about making the workload easier is with, you know, all those extra opinions comes longer meetings, if that would be a strain on those that are coming -- if the meetings end up consistently being longer just because there is more people to give input. Bird: Madam Mayor? De Weerd: Mr. Cavener first and, then, Mr. Bird. Cavener: Thank you, Madam Mayor. I was absent last week and had the pleasure of watching online and that meeting, despite myself and the Mayor being here, probably the top two talkers in the meeting, your meeting happened to go fairly long, nevertheless. A comment, though. I think maybe to Councilman Palmer's point and maybe to address the concern there that you brought up, which is if one of the areas of concern is that an area of our community is being over-represented, then, perhaps -- maybe this is a question for Mr. Nary, is if there is some safeguards that could be put in place based on area, so that we don't have the situation two years from now or 20 years from now where we have seven members or nine members or 12 members, but they all happen to live in a certain geographic area. De Weerd: Just like this Council did not support that strategy or objective in the strategic plan, it -- it's hard to promote that in having that on our commissions. I think always we do look for that balance and , then, someone moves, kind of like Mr. Palmer when he moved to the south -- south Meridian. I think that we do strive to have that equal representation. It's harder with a smaller commission to -- to do that. I think with the expanded seats it will allow a greater opportunity for them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- I think that the basic reason to expand it so they can get their quorums. And, no, none of you guys, excluding Tammy and I, know what it's like to have a 2:00 and 3:00 o'clock in the morning meeting. And a lot of that was because we only met two times a month or we only met three times a month, so -- and we were -- yes. I think that it helps them. They are a volunteer deal. They get no pay and all of them have jobs. I think sometimes they have a hard time getting a quorum and it's hard to tell developers and stuff not -- you know, that we got to -- Meridian City Council November 22, 2016 Page 13 of 30 we can't have a meeting -- a Planning and Zoning meeting this week, because we don't have a quorum. So, I think that -- I think that helps and, you know, expand it to seven, I -- I think will be great and I don't worry about the area, because we are all for the community, whether you're north, south, east or west. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It may make sense, it may not. It would be important for me to hear from the Commission. If our role is to give them whatever is necessary to be most successful in their role, it would be helpful to have someone from the Commission come and make the request and say here is the specific challenges we are having to fulfill our duties. Here is what we would like to propose as a solution and if it's expanding to seven and it solves what they are telling us with the problems, that makes great sense. What we are saying up here very well might be true, but I -- to Councilman Palmer's point, adding two people to a meeting, all things being equal, can just create more input and more talking and not necessarily a better product. So, it would be helpful to have someone from P&Z make the request and articulate the problems that adding two members would solve and I would be totally supportive of that, too, if that's what they need to do a better job. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I second everything Councilman Borton said in that. I guess I really had the realization that we can just as easily reduce it back down through attrition if it doesn't work out great. Because if it doesn't we might be losing a couple anyway, so -- De Weerd: Okay. I can talk to Mr. Yearsley and I -- I kind of shared our conversation, but if you would like him to come down and -- and speak on -- for himself, that's fine, too. Borton: Madam Mayor? De Weerd: We will add more time to his plate. Borton: No. No. No. Madam Mayor, that's totally different. If what you have said is a message told to you from P&Z that says, Madam Mayor, on behalf of P&Z would you ask Council to expand our membership, because we are telling you here is challenges that this would help solve, that's different, and we can proceed today. I didn't capture what you said as being the message you were Meridian City Council November 22, 2016 Page 14 of 30 told to pass to us from P&Z. I just -- without that I wouldn't want to put two people on a board and have a board say why did you give us two more ? De Weerd: Well, I can put this on the next Council agenda and I will ask Mr . Yearsley to at least provide a statement, so -- Borton: Madam Mayor, for me I'm comfortable if you -- if you represent that he told you that, it's not a problem. But if it's better to have him speak -- I don't want to belabor it or make it more difficult, I just want the message to come from P&Z. De Weerd: That's fine. It will come along with the two recommendations if -- if that's the direction we go. So, that will be on the next agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know we want to move past this, but to that last point, I guess my preference -- and it matters what the rest of the Council's feelings are, to have that discussion with Chairman Yearsley before we have the names in front of us. De Weerd: So, I had -- I guess I heard from Councilman Borton that as long as it's represented that this is coming from the Commission that was fine. You want him to come here in person. Cavener: I think that -- Madam Mayor, that would my preference. I would prefer to have anybody here in front of us, as opposed to a written statement, but I don't know if I'm alone in that and Councilman Borton articulated his perspective. I'm just sharing mine and that is that if -- if we are going to discuss this further and have a presentation or a comment from the chairman, to at least have that before we consider the two additional names. De Weerd: Well, what I will do is bring a statement from Mr. Yearsley. Also invite him to be here. If he can't I'm not going to -- to say we are not going to consider it unless you can be here in person. But I will bring the statement. If you have additional questions we can delay that again . But we will -- we will see how that goes. Milam: Madam Mayor? De Weerd: Ms. Milam. Milam: I -- based on the fact that we don't really need our approval for this anyway, I feel that if the Commission is in favor of it, then, I'm in favor of it. And if this helps them meet their quorums and it helps make their lives easier -- and I guess it's probably pretty much the same thing as what Councilman Borton was Meridian City Council November 22, 2016 Page 15 of 30 saying, you know, is this going to make their lives better. Are they -- do they want it or they don't want it and if you have already discussed with them that they want it, then, I don't see why we don't just move forward. Unless that conversation hasn't really taken place. De Weerd: It has and we will -- we will put it on a future agenda. Milam: Okay. De Weerd: And I understand that. So, if I bring two more names forward and a statement -- I will -- I think it is important that it at least confirms that it's agreed by the Commission that this is seen as a positive. Item 9: Action Items A. Final Plat for Goldengrove Subdivision (aka Logan Creek) (H-2016-0124) Located at 4617 Martinel Lane by Heartland Homes, LLC 1. Final Plat Consisting of 67 Building Lots and 15 Common Lots on 21.75 Acres of Land in the R-4 Zoning District De Weerd: Okay. Item 9-A has been requested to continue to December 6th . Final plat for Goldengrove Subdivision. Bird: Madam Mayor? De Weerd: And I guess we will first, for the record, put the reason it's been asked to delay. Allen: Madam Mayor, Council, the applicant is working on a few items that staff requested information on. Therefore, they are requesting a continuance in order to allow them more time to get that information to me. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the final plat on H -2016-0124 until December 6th, 2016. Milam: Second. Meridian City Council November 22, 2016 Page 16 of 30 Cavener: Second. De Weerd: I have motion and a second to continue Item 9-A to December 6th. All those in favor say. All ayes. MOTION CARRIED: ALL AYES. B. Public Hearing for Seyam Subdivision (H-2016-0123) by Volante Investments LLLP, Located on the North Side of E. Franklin Road and Approximately 1/2 Mile East of N. Eagle Road 1. Request to Vacate Plat Note #10 and the Graphic Depiction on the Seyam Subdivision Plat Which States Lot 3, Block 1 is a Non-Buildable Lot De Weerd: Item 9-B is a public hearing for H-2016-0123. I will open the public hearing with staff comments. Allen: Thank you, Madam Mayor, Councilmen. The first application is a request for a vacation. The property that's the subject of this application is Lot, 3 Block 1, Seyam Subdivision, zoned I-L, located on the north side of East Franklin Road and midway between North Eagle Road and North Cloverdale Road s. A little history on this project. When the preliminary plat for the subdivision was approved, Lanark Street, which is the east-west street right here, was only proposed to extend to the west side of the subject property, because the applicant did not wish to extend services and the public street to the adjacent property to the east. To insure the property owners to the east had access to city services, as well as access to the stop light at the intersection of Touchmark and Franklin, via Lanark Street, this lot was restricted as a nonbuildable lot until such time as a new preliminary and final plat is approved, which depicts the extension of Lanark Street and city water and sewer services to the east boundary of this site. No certificates of zoning compliance or building permits were allowed to be issued for the lot until that time. The applicant is requesting approval to vacate plat note number ten, which states Lot 3, Block 1, is a nonbuildable lot and the associated graphic depiction within said lot on the Seyam Subdivision final plat. Since the final plat for Seyam Subdivision was recorded, the subject developer has purchased the three five acre properties to the east as you see here that are in the county and intends to submit a preliminary plat and annexation application for those properties, which will include the subject property in the preliminary plat. In the interim the developer would like to obtain a building permit for a 45 ,000 square foot warehouse building for a national tenant on the north end of Lot 3, Block 1. Approval of the subject request will allow the developer to get started on construction. Written testimony has been received from Brad Miller, the applicant's representative, in agreement with the staff report. Because the developer now owns the adjacent parcels to the east and access and city Meridian City Council November 22, 2016 Page 17 of 30 services are not being withheld from another property owner, staff recommends approval to City Council of the vacation request. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Any comments from the applicant? Good evening. If you will state your name and address for the record. Miller: Thank you, Madam Mayor, Members of the Council. Brad Miller with Van Auker Properties. 3084 East Lanark in Meridian. Thank you for hearing this request. I have a problem that I need your help. I don't want Sonya to say that I only -- I have more than one problem, but what we have is we have a national tenant who has approached us and wants to build a very tall building to store goods in there and we want to put it up against the railroad tracks , so it's -- and we have agreed to do that, provided we can get approval from the City Council. The issue that we have is they want to take delivery of the building August 1. So, in order for us to do that we have got to get going right away. So, as Sonya stated, we have acquired the next 15 acres and the intent is -- and we talked with ACHD and the intent -- the intent is for next week to submit for annexation and zoning and the preliminary plat. I have already got everything from JUB Engineers, I just need to fill out the application , and ACHD is okay with us not extending the road right now with this building, but in the future extending the road. So, that's our intent and I appreciate your consideration of this. We would sure like to bring another tenant to Meridian. We currently house this tenant in a temporary building in Boise and so we want to pull them out of Boise and bring them to Meridian, so -- I will stand for any questions if there are any. De Weerd: You know the buzz words. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I'm just curious -- how tall is very tall? Knowing that I love tall. So, that's why I'm just curious. Miller: Well, Madam Mayor, Council Person Palmer, it will be about 30 to 32 feet is what it is. And I will tell you, I don't think there is any competitors in the room. It's Pods is who it is who do the storage containers and they want to be able to stack three high within the building. So, that's what -- that's what the tenant is and they will take a good portion of that 45,000 square foot building, so -- I'd appreciate your consideration. Meridian City Council November 22, 2016 Page 18 of 30 De Weerd: Thank you, Brad. Miller: Thank you. De Weerd: Any further testimony? Bird: Seeing none -- Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0123. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9 - B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0123 and to include all staff and applicant comment. Milam: Second. De Weerd: I have a motion and a second to approve Item 9 -B. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Knighthill Center Subdivision No. 2 (H- 2016-0121) by James R Wylie IV Located at 6241 N. Linder Road 1. Request for a Short Plat Consisting of Two (2) lots on 3.04 Acres of Land With a C-G Zoning District Meridian City Council November 22, 2016 Page 19 of 30 De Weerd: 9-C is a public hearing for H-2016-0121. I will open this public hearing with staff comments. Beach: Good evening, Madam Mayor, Members of Council. This is an application for Knighthill Center Subdivision No. 2 for a short plat. The site consists of approximately 3.04 acres of land , which is currently zoned C-G. It's located at 6241 North Linder Road. There is quite a bit of history on this project over the last few years with the various application types. The most recent being a certificate of zoning compliance and design review approval for a Black Rock Coffee that -- and a multi-tenant building that are both either in operation or will be -- will be shortly. The subject application in front of you is a proposed short plat. It depicts two commercial lots on 3.04 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 1, of the Knighthill Center Subdivision. Access to the site is provided at West Chinden Boulevard and to North Linder Road and a cross-access easement on access roads. Staff has reviewed the proposed plat for substantial compliance with the criteria set forth in the UDC and deems the final plat to be in substantial compliance with those standards. With that staff is recommending approval and I will stand for any questions you have. De Weerd: Thank you. Council, any questions? Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Mason: It's Will Mason, Mason and Stanfield. I'm here on behalf of Renny Wylie. The address is 826 3rd Street South, Nampa, Idaho. 83651. De Weerd: Thank you. Mason: Really, the only thing I have to add to staff's report is that the utilities are in. The reason we are asking for this re-subdivision is there is a tenant that would like to purchase a portion, but not all of the existing lot, and with that I would stand for any questions you might have. De Weerd: Thank you. Council, any questions? Thank you. This is a public hearing. Is there anyone who would like to offer testimony? Yes, please. Good evening. If you will, please, state your name and address for the record. McCausland: Lindsay and Weston McCausland. 6183 North Gertie Place, which is right behind our house. De Weerd: Lindsay, can you pull that microphone down? McCausland: Yes. Meridian City Council November 22, 2016 Page 20 of 30 De Weerd: Thank you. McCausland: This would be right behind the home that we just purchased. De Weerd: Okay. McCausland: 6183 North Gertie Place. I'm not sure how many people are familiar with Lochsa Falls, the back part, which you approved a -- the Rock Harbor and -- or Black Rock and this right now is a traffic nightmare for us. We live right on the corner. There is no stop signs either way coming in or out of that place and we would like to know what also they want to build behind our home that would be going behind there when they split the properties, because it's literally right behind our fence from Lochsa Falls. So, we totally object to -- I don't know what we say. We have never been to a meeting before. But this is right behind our home. De Weerd: Okay. McCausland: That we were told would never be open, but it's now open, so -- De Weerd: I'm sorry, you were told what? McCausland: It was -- the subdivision was never going to open, but it was opened. I guess that land wasn't supposed to be used behind our home. So, I'm -- De Weerd: Your realtor told you that a piece of property behind your home would never be used? McCausland: No. We heard from neighbors that it wasn't going to be used. We haven't heard from our realtor now. De Weerd: Oh. Well, that has been annexed and zoned commercial. McCausland: We just moved here, so -- De Weerd: Oh. Okay. McCausland: Sorry. We are not familiar with anything at all, so -- but that -- that lot is right behind our home. So, that's why we are here today. De Weerd: I certainly can understand that. My reason for getting involved in the city 20 years ago. Had the same questions. But that has been approved a number of years ago for commercial use -- McCausland: Okay. Meridian City Council November 22, 2016 Page 21 of 30 De Weerd: -- and so this is a compatible use for that property and we can ask the applicant if -- if they have any details and certainly to maybe chat with you after the meeting to -- or after this hearing to share more information and maybe you can even get his phone number. McCausland: All right. De Weerd: It will be good to have a point of contact that you can ask further questions of. McCausland: And how do you get stop signs and things? Because how people come in off of Linder into the Lochsa Falls -- I don't even know what the street -- but our street is Gertie, which you come off of. When they -- W.McCausland: So, when you come in and the Homestead is right there, you come in and there is -- from the Black Rock going in it's a T-intersection. There is no traffic stop sign or anything, so when you're coming in the cars are going past here and the cars are going -- but nobody has a right -- nobody knows the right of way, everybody is just going and we have seen almost a whole bunch of accidents right there. That's one of the concerns. The other concern is in that field there there is a ton of weeds and overgrown vegetation, plus there is cement -- I was going to go out there and try to get rid of it -- some of it, but, then, there is -- from builders or whatever, there is a whole bunch of cement that's just gobbed up and stuck in the dirt. So, it looks like people -- just left over cement and dumped it in there. So, that's right behind our fence line. So, those are just the basic two. Stop sign and, then, how do we get some of that stuff cleared out of there. De Weerd: All great questions and we can have staff also talk with you afterwards. We have our lieutenant, hopefully, taking copious notes for our code enforcement to -- to help you on the weeds and the illegal dumping, the nuisance part. So, we can help you on that, too. But we will get with you also after -- after the hearing on that. Thank you for coming. McCausland: Thank you. De Weerd: And welcome to Meridian. Anything further? Maybe the applicant can come up and respond. I'm sure before code enforcement has to contact your -- the owner you will take a message back saying clean up your weeds and clean up your -- your concrete. Mason: I certainly will. De Weerd: Thank you. Meridian City Council November 22, 2016 Page 22 of 30 Mason: Will Mason for the record. The project that they are proposing right now is a small retail type facility. They don't need the additional parking, because they are a low volume retail-type facility. It's similar to a Family Dollar or something where they don't expect to have large delivery trucks, stuff like that. They do have on this plat a 25-foot setback for landscaping, so they will be buffering those neighbors with landscaping with any traffic that they might have in their -- in their facility, so -- De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What -- do you have any idea what kind height they are going to have on the building there? Mason: I do not. I do know it has to go -- Bird: Single story? Mason: -- through a design review. Yes, it will be just a single story. De Weerd: So, that will go through to make sure it meets with city design standards and the landscape buffer will also be vetted by staff. Mason: Correct. De Weerd: Any other questions from Council? Okay. And I would ask you if you could, please, meet your -- your neighbors after this hearing. Mason: Thank you. De Weerd: Thank you. Okay. Anything further? Council, any questions for staff or the applicant or those -- the neighbors that testified? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Not a question, but as far as the stop sign -- I don't know if you addressed that or not. De Weerd: No. Meridian City Council November 22, 2016 Page 23 of 30 Milam: We do not have anything to do with stop signs -- no. But Ada County Highway District does all of our roadways and signage like that. So, it would be contact with them. Beach: Ms. Milam, if I could just mention that it is a public street up until that property line -- Milam: Oh. Beach: -- and, then, it's a private access. Milam: Private roads. Beach: So, anything in -- within the subdivision is a private drive aisle. It's not regulated by the highway district. So, folks that are you using that for access to the subdivision as a public road when it's actually not a public road . Does that makes sense? Because that public road connects with that stub, but it's not actually a public road. So, the traffic is going through private property to get to the subdivision. De Weerd: Perhaps, Josh, you can also talk to the couple and to let them know maybe appropriate contact and perhaps we can get a better understanding of what some of the challenges are to see if we can -- if we need to take it to our Transportation Commission as well. Beach: Will do. De Weerd: Okay. Thank you. Okay. Anything further from Council? Bird: I have nothing. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. De Weerd: I move that we close the public hearing on H-2016-0121. Bird: Second. De Weerd: I have a motion and a second to close the public hearing an Item 9 - C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 22, 2016 Page 24 of 30 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2016-0121 and include all staff, applicant and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-C with what I hope is also a strong message to the applicant to clean up your property. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you for joining us tonight and I think you can probably meet with a couple of our staff members and the applicant outside the Council Chambers. Thank you for joining us. Item 10: Ordinances A. Ordinance No. 16-1714: An Ordinance (H 2015-0005 - Edgehill Subdivision) Of the City of Meridian Granting Annexation and Zoning for a Parcel of land located in the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 40.19 acres more or less and is situated in Ada County, Idaho, and adjacent and contiguous to the Corporate Limits of the City of Meridian; Establishing mand Determining the Land Use Zoning Classification of said Lands from RUT to R-4 (Low Density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as Required by Law; and Providing for a summary of this Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. Meridian City Council November 22, 2016 Page 25 of 30 De Weerd: Item 10-A is Ordinance 16-1714. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1714: An Ordinance, file number H-2015-0005 - Edgehill Subdivision, of the City of Meridian Granting Annexation and Zoning for a Parcel of land located in the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 40.19 acres more or less and is situated in Ada County, Idaho, and adjacent and contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-4 (Low Density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as Required by Law; and Providing for a summary of this Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. De Weerd: Thank you. Council, I don't see anyone asking to hear it read in its entirety. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1714 with suspension of rules. Bird: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 10 -A. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. 16-1715: An Ordinance (H 2016-0088 - Knightsbridge Subdivision) Of the City of Meridian granting Annexation and Zoning for a Parcel of Land Located in the SE ¼ of the SW ¼ of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.15 acres more or less and Meridian City Council November 22, 2016 Page 26 of 30 is situated in Ada County, Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-4 (Low Density Residential) District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. De Weerd: Item 10-B is ordinance 16-1715. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1715: An Ordinance, file number H-2016-0088, Knightsbridge Subdivision, of the City of Meridian granting Annexation and Zoning for a Parcel of Land Located in the S E ¼ of the SW ¼ of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.15 acres more or less and is situated in Ada County, Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-4 (Low Density Residential) District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. De Weerd: Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1715 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -B. If there is no discussion, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council November 22, 2016 Page 27 of 30 MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics A. Invite Planning and Zoning Commission Chair Yearsley to provide insight into request to expand commission seat size (talked about during Item 8A) B. Councilmember Little Roberts asked for an update from the Idaho Transportation Department be given at a future meeting about the left-in lane closure off Eagle Road into the Village at Meridian De Weerd: Council, under Item 11, Future Meeting Topics, are there any items for future agendas? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I would like to request an update from ITD regarding the closed turn lane into The Village. I have been hearing in my other position with the Chamber from several businesses, including one this week that has documented a 20 percent reduction in his business and he is in danger of being able to even stay open. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Without being specific, I can tell you there is a big effort to remedy the situation. De Weerd: Well, good. We hope to hear that in the update, so -- yes, certainly we will ask Bruce to extend an offer for a future agenda to -- and certainly during this time of year -- and I think we brought that up at the time -- not the best time of year to be doing this. But we will certainly ask them for an update. Little Roberts: Thank you. De Weerd: Thank you. Council, upcoming events includes -- we are closing tomorrow at 3:00 p.m. and we will not be open on Friday. So, City Hall is closed after 3:00 p.m. until Monday at 8:00 a.m. and -- for the Thanksgiving holiday. AIC, the Association of Idaho Cities legislative committee meets December 1st at the Boise Centre. Discussion starts at 9:00 a.m. Christmas in Meridian is next Meridian City Council November 22, 2016 Page 28 of 30 weekend, a week from this weekend, December 2nd through the 3rd, Winter Lights Parade tree lighting is at 6:30 and thanks to -- thank you for the big sponsorship. We appreciate you spreading the Christmas spirit every single year and, then, the Winterland Festival starts at 10:00 a.m. It's being moved this year to the Boys & Girls Club. It's become so popular we need additional space and it's a perfect venue for that. West Ada School District Holiday open house at the district offices are from 3:00 to 7:00 on Tuesday, December 6th. And lastly -- well, not lastly. We have one of our neighborhood stars -- or the Meridian Stars Awards to the youth. Dominic is raising funds for his annual effort in bringing toys to all kids in need and he is -- his goal this year is over 1,800 dollars. So, looking for community support and certainly support from our city leaders. So, I have a copy of his letter. If you have an interest, please, let me know and I will get you the information where you can help him. And, lastly, congratulations to Joe Borton, who was listed as one of the 2016 leaders in law and so -- De Weerd: So, with that I will move to Item 12, Executive Session. Borton: Madam Mayor? De Weerd: I'm sorry. Mr. Borton. Borton: Sorry to interrupt. But I also wanted to point out just -- Todd Lavoie did a fantastic job, once again, with the Movember. We have a lot of fun raising funds, growing mustaches and being a little silly. We have a dignitary in the room tonight, which we will introduce shortly. De Weerd: Oh, yeah. Colin Moss took the -- the big throne from Mr. Borton. Borton: We have -- we don't want to talk about that. It's a lot of fun. It's lots of laughs. Wives might disagree, but hats off to Todd. He does a great job in trying to get all of us to do that and it's -- one, it raises money, but by growing goofy looking mustaches and having people ask you why you're doing it and what you're doing and looking silly, raises so much awareness. It's a fundraiser, but also that raising awareness is really important. I know it's super important to Todd and everyone that participated. So, next year there is going to be a bigger effort to get more people in the city involved and make them look funky and ugly and have people ask you questions what you're doing, because you want those questions, you want to be able to tell them why you're raising money and what you're doing it for, so -- and if you didn't see Councilman Cavener's effort, that thing was phenomenal. I mean that was fantastic. Cavener: I was disqualified because you have to have a separation between the beard and the mustache. There is an asterisk, Colin -- an asterisk next to your victory. I want you to be aware. Meridian City Council November 22, 2016 Page 29 of 30 Borton: It was awesome. Thank you for doing it. I think all in all a really good time. De Weerd: Yeah. So, 400 dollars was raised and certainly, more importantly, to raise the -- the profile and discussion of prostate cancer is -- is huge. I think we all know people who have been touched by that and it needs to be something that men do on a regular basis. Borton: Absolutely. Thank you. Item 12: Executive Session per Idaho State Code 74-206(1)(c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Thank you for bringing that up. I have a real scary picture of Todd Lavoie in the stairwell sporting his -- whatever that was, so -- Item 12 is Executive Session. Mr. Clerk will you, please -- oh, I'm sorry. I guess I need first a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74 - 206(1)(c). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Now, Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:05 p.m. to 7:26 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. Meridian City Council November 22, 2016 Page 30 of 30 De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Could I have a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Happy Thanksgiving. MEETING ADJOURNED AT 7:26 P.M. (A CORDIN F THESE PROCEEDINGS) MAYO MY de EERD DATE APPROVED ATTEST:,,,-) tiPternu�r, C. JAY -COL CITY CLERK SGS- 71� City of E'l TIMANA IpAI{O r SEAL, ti F/,• o F <Ihe TREN Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 9, 2016 City Council Regular Meeting MEETING NOTES c✓i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council November 9, 2016 A meeting of the Meridian City Council was called to order at 3:05 p.m., Wednesday, November 9, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Warren Stewart, Jeff Lavey, Mike de St. Germain, Mark Niemeyer, Steve Siddoway, Mike Barton, Brian McClure and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts __ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I would like to call this meeting to order. Thank you for joining us today. For the record it is Wednesday -- we don't meet on Wednesdays, but we also don't meet on Election Day, so this was set over to Wednesday. It is the 9th of November. It's five after 3:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda Item No. 6 -- or 7-A the ordinance number is 16-1711. And on 7-B the ordinance number is 16-1712. And also we need to add an Item 9, which is an Executive Session as per Idaho State Code 74-206(1)(f). With that I move we approve the amended agenda. Milam: Second. Meridian City Council November 9, 2016 Page 2 of 61 De Weerd: I have a motion and a second to amend the agenda and a pprove it. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 4: Consent Agenda A. Final Order for Paisley Meadows (H-2016-0117) Located at 2180 Amity Road by Hayden Homes, LLC B. Final Order for TM Crossing (H-2016-0116) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and I-84 C. Final Order for Browning Plaza (H-2016-0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane D. Development Agreement for Roundtree Place Subdivision with Corey Barton Homes and Trilogy Development, located at 755 Linder Road, in the NE 1/4 of Section 14, Township 3 North, Range 1 West E. Development Agreement for Little Creek-H-2016-0076 with In Perspective, LLC located at 1470 N. Locust Grove Road, in the northwest 1/4 of Section 8, Township 3 North, Range 1 East F. Recreational Pathway Easement – Five Mile Creek, Segment H2 - Yuan De Weerd: Item 4 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Just want to give a shout out -- Mike. Pass on my congratulations for Item F finally. Are you on agreement? So -- Mr. Clerk, will you, please, call roll. Meridian City Council November 9, 2016 Page 3 of 61 Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Department Reports A. Public Safety Department Annual Update De Weerd: So, we will move into Department Reports with our Public Safety annual updates. Who drew the short straw? Lavey: Madam Mayor, Council, I don't know if I drew the short straw or not. I actually volunteered, so that could be good or that could be bad. We will see how that goes. Madam Mayor, Council, thank you for the opportunity to speak today. I know it's always asked. I have 22 slides today, but about five of those slides we will not be covering, but they are in your -- your paperback copy I gave you so you can just refer to them for later. First and foremost, before I begin, I just -- I actually -- reflecting back on this past year, I really need to thank the men and women of the police department for all of our successes . Because without them we would not be what we have and it's their commitment to both the Meridian Police Department and their commitment their community that makes Meridian such a great place to be in and -- and that really is that in a nutshell. I can give little coordinates to go left or go right, but they are the ones that actually take it and push it forward and so I just need to make sure that the thanks go where it is deserved and, then, I also have to thank you, Mayor and Council, and for all the years that I worked in the city, which is -- I'm now on my 20th year and my tenth year as chief, I have always had the support of the Mayor and whoever was in the Council seats. I know that many faces have come and gone, but they have always given me and our department the support that was necessary to -- to be successful. But thinking on this past year and the budget workshops and prior to the budget workshops I asked a whole heck of a lot from this group in front of me and you listened and not only did you listen , but you gave us what we wanted and more and I just need to say thank you for that. Not only for the Police Department, but for our community. You truly believe in what we are trying to do and what we are trying to achieve and trying to maintain and that can't help -- that can't happen unless we have true positive partnerships and for that I just need to say thank you. The next couple of slides are just our mission. You have seen this before. Our vision -- this vision is -- is in draft form right now. Meridian City Council November 9, 2016 Page 4 of 61 We are really kind of redefining who we are and who we want to be and we are working on passing this through the entire department, so that's why I say it's a draft form, because only the command staff has seen it. And, then, the CARE values are the values that we as a city have taken on many, many years, but we have taken it to heart and during a recent management checkout that we had a consultant working with us and she really expressed how we were a values- based organization and different than most other departments in the area and we truly believe that, but it's nice to hear a third party say that and see that and so I just share with you those first couple of slides in there, so you can refer back to it if -- if you ever have questions on it. But, really, what this person -- this consultant did was challenged us to celebrate our successes and I realize that we have had so many that they are hard to remember all of them and so today it's just a very brief highlight of some of the things that have been occurring in the -- in the police department over this past year and if there is -- at the end or I guess whenever if there is questions about things that you may have heard about and not seen in the presentation just ask and we will talk about them. But I wanted to start out with our Impact Team. Our Impact Team is something that started out with the COPS grant several years ago. Actually, four years ago. The COPS grant was for three years and I'm here to tell you that the city is one hundred percent funding that now. It's not -- not a grant anymore. That's really our proactive enforcement team that can -- that can go after problem areas within our neighborhoods and try to prevent problems before they get out of hand . Currently they are chasing all over Meridian looking for our shooter from last night. So, you will probably see them on every corner out there. They are quite -- quite busy. We have an awesome community that's calling in tips left and right and so they are very, very, very busy today. They were working all night and they are working all day as well. Our SRO team. Mayor and I have actually talked about this team and their supervisor a couple times this year and over the last couple of years we have really seen a major improvement in our leadership with -- amongst our SROs, our youth interaction with our SROs, our partnership with the schools and, believe it or not, it's gotten even better and the relationship now with -- under the supervision of Sergeant Shawn Harper, has taken it to -- to new levels and not only has it increased the youth interaction , which makes you smile, but it's recognized across the community, their work that they do within our community. So much so that they recently just got a community service award from the Department of Justice from the U.S. Idaho Attorney Wendy Olson and that was awarded to them as well for their work. So, we are very proud of what they do. I know the Mayor hears it, I hear it from the principals of that group of people in the schools and -- and so this is their moment to get additional recognition for their work. De Weerd: And, chief, I just met with one of our school principals and he highly praised their NRO -- Lavey: Yeah. Meridian City Council November 9, 2016 Page 5 of 61 De Weerd: NRO. SRO. And as someone who collaborates, engages and brings people to the table to find solutions and so they see the city as an active partner in addressing a number of the issues in this particular high school and -- and in developing important relationships with the students that will come -- come around and pay dividends in being a part of the solution . So, kudos to your SROs, NROs, and certainly to Sergeant Harper. Lavey: Thank you, Mayor. I appreciate hearing that. Also, just so Council is aware, is we don't have SROs that are permanently assigned to the elementary schools and there is a reason for that and it goes -- there is a long history we don't need to get into today, but -- but we have our current SROs that realize that they may be assigned to the school, but their responsibility is the entire school district and we see our SROs in the elementary schools now. They are going in there and responding to calls. They go in there even when they are not requested to show up and so we are trying to do everything that we can to -- to deal with our schools. There is about ten of them in the group, but there is like 38 high schools -- or -- 38 high schools. That would be crazy. Thirty-eight schools within our city and so it's just -- it's kind of crazy, but they do a remarkable job. MADC. I believe you got an update from Kendall last week on that, so I don't want to go into too many details and be redundant , but there is a couple things that I do think that -- that are worth mentioning it again and that's our prescription take-back program and we have been -- I don't remember how many years ago that it was implemented, but about six and it started out with a small safe that we had convinced the department of equality to give us after they did a demonstration here in Meridian and I will tell you now we have three and a half safes that we use for the take back of prescription drugs. We are still the highest capacity in the Treasure Valley as far as drug take back and every year it keeps getting busier and busier and so I have some figures in there for you. We took back 2,980 pounds in the entire 2015 and for the first ten months of this year we are at 3,467 pounds of painkillers and narcotics and other prescriptions that are not being flushed down the drain or being put into our landfills and if -- I don't know if I have ever told this Council what happens to them, but we actually deliver them to a certified incinerator down in Utah and they burn them and it's -- it's got the HEPA filters and the screeners, so that -- that smoke doesn't get back up into the air and gets filtered out. So, it costs about 140 dollars a load that we go down there about three times a year and dispose of it. So, it's -- it's well worth it. De Weerd: And I guess it's also behind the -- why the prescription drug costs on the street are so high is they are not readily available and now they are turning the heroin, which is never a good thing, but I appreciate the work that MADC does. This is a legacy of Lieutenant Overton. Lavey: It is. Meridian City Council November 9, 2016 Page 6 of 61 De Weerd: And certainly of Alicia Figueroa and Brenda Murdock, but it's exciting to see that it's been such an exciting and successful program for our community and our community has really stepped up and really embraced it and I think it's also an important partnership that the Police Department had with Public Works to remove constituent that often finds its way into our -- our discharge and it's really hard to remove. So, this is a win-win-win. Lavey: It is. And it just keeps getting bigger and bigger. So, the other thing that I want to talk about is our evidence department. This was on the KTVB news a couple weeks ago, but we were not mentioned by name, so I will publicly mention us and they were talking about the sexual assault kits being submitted into the crime lab and how it was a daunting process and how some departments were pretty close to being compliant and other departments were -- still had work to do and if you recall in that story -- because I do believe that K.C. sent it out to you and if you read the link it's just one department in the state is a hundred percent compliant and that is Meridian. So, that's another kudos for our two gals that work in -- in the evidence room. I briefly mentioned to you a couple months ago that we got recredited. Well, one of the key standards -- or several of the key standards in accreditation is -- is the evidence room and the property room and the work that they have done to clean that up and an account for every single piece of over 10,000 items of evidence in their room is just remarkable and so that was just one factor that -- that helped us there. It's one factor that usually has departments not passing at first and that wasn't the case for us. Analytical services. This is going to mean -- this means more to analytical services than it does to maybe this group here and even to me. I can't wrap my head around exactly what it means, because I'm not the one doing the data entry and the work, but if you want to look at that, they processed 33,470 police records, police reports for entry, arrests, supplements, accidents, scanning of the documents, FI cards, validations processed and public records. They have absolutely been busy and those numbers -- although I don't have the previous year's numbers, so we can't really benchmark that, I will tell you that they -- they increase every year. And I do have some numbers that I will show you here later in the presentation to show you their -- their increase. And, then, the other thing is analytical services has been an active participant in the records retention with the city and the city task force and that's -- that's involved many people over the -- C.Jay is probably involved now, but it was Jaycee and the other Jacy and our -- our job was to take ten years of documents and go through each and every one of those documents so we could prepare those for -- for destruction. So, they have been busy. I gave the Mayor this update just a couple days ago about how many officers we were going to hire on December -- I think it's December 7th. I have December 5th in here. You can see it's crossed out eight down to seven. Someone just lost. We are going to get into this a little bit more later on in the presentation, but we screen each and every one of our applicants very hard to make sure that we have the right people and we discovered some things on one individual that he's better off to stay where he's at and not becoming our problem here. So, on December 7th we will have seven police officers that are starting in Meridian. Meridian City Council November 9, 2016 Page 7 of 61 They are the first group. We have another group that we are currently processing and we are in our third day of interviewing in this week. We have gotten applicants from Dallas PD. We have gotten applicants from San Diego Police Department. We got applicants from other parts of California. Long Beach, California. Some departments here in the state that are going to have a wanted poster put out on the Mayor and I, because we have five of theirs. But we are getting a lot of -- of applicants. They are not all quality applicants, but we are getting a lot of applicants that we are screening through. We have had a couple of -- or, excuse me, we have had a couple of retirements that you are aware of this past year. Earl Sharp and SRO Mike and we have a couple of others that are coming up and one the Mayor just mentioned was Lieutenant Overton. Lieutenant Overton has been with the city for not quite 25 years and he has decided that his grandson is more important than we are and he's going to be his -- his caretaker while his son starts a new career. So, he's going to retire next month. And there is someone in the room here over my right shoulder to your -- to your left that's got that big smile on his face and there is a reason for that as well, because he's decided that after two department s, San Bernardino County and then -- in California and retiring there and, then, coming up here and working another ten years, that's probably enough time in uniform . So, he's going to retire as well. De Weerd: Yeah. What is it with that retirement word. I mean Gempler -- C. Gempler every time I see him he has his internal smile. What is it with that. It's looks nice on you, Mike. Lavey: Not everyone is retired from the Meridian Police Department over the last 20 years and been able to smile like that, so that is -- it is truly gratifying to see that people are actually leaving here because they want to leave here and they are leaving on their terms and they are really happy about it and they still want to be a part of this department , just in a different way. So, it's -- it's really nice. So, thank you, Mike. Because of all the upward mobility of bringing on new people and command staff members leaving, it requires us to jiggle a lot of internal promotions. We have two lieutenants. We have -- because of those two lieutenants we have two sergeants. We have another sergeant, because you gave us a sergeant position over the budget year , so three sergeants we are promoting. Three corporals we are promoting and, then, new bodies in and it really is challenging for us to keep track of all that movement and we have it plotted on our whiteboard. But our current plan right now is to bring all of those new hires -- all seven of them -- cross your fingers that it's not six by then -- and those promotions before you on December 20th and just do a celebration, kind of swearing in, a recognition, and I guess it's a pre-Christmas celebration. So, that is the current plan. If you recall, we talked about a staffing allocation study that was funded for FY-17. That is in full force working with the agency that is working on that with us. Looking at our patrol calls, our staffing needs, looking at our detective staffing, looking at our non-sworn staffing, records, code enforcement, evidence -- really just kind of capturing all the calls for service, all Meridian City Council November 9, 2016 Page 8 of 61 the workload that's -- that's coming in and the bodies that we have and trying to come up with future projections that are based upon a third -party opinion and not an internal opinion. So, it's really just an expansion of the -- of the report that I shared with you back in -- I believe April -- April or May, somewhere in there. So, that is currently in force right now in its very, very early stages. Some of the things that we are also looking at is our organizational structure, the makeup of the department. As we keep adding officers we have to make sure that there is a proper span of control and supervision. Captains we will have to look at. Is it -- is it necessary? Can it be done differently? Patrol lieutenant. Right now we have two patrol lieutenants that work a very, very, very -- very flexible schedule trying to -- to achieve the greatest response out there, but nobody can work 24 hours a day and so there is -- there is not that supervision out there when there should be. Hence we get called at 1:30 in the morning on shootings that occur. So, we deal with that. We are really going to have to -- and I know this is probably a point argument -- talking about our public information officer. The amount of requests, the amount of media and social network requirements that are occurring and being placed on us are unbelievable and at some point in time for us to do quality work and timely work, we are going to have to have somebody doing that and dedicated to doing that all the time . Deputy Chief Basterrechea does a phenomenal job on the news , but he also is the one that fields the dozens of phone calls a day and writes the media releases and responds at midnight at night to make us look good and one person can't do it all. So, we will talk about that. That's in the capital improvement plan for the future that you will be seeing -- I believe in December. Community service officers. We talked about this before. Bottom line is police officers are expensive. It costs a lot of money to hire a police officer. You all know that. And is there types of duties out there that we can relieve responsibility from the police officers and hire somebody else to do, whether it be a traffic hazard, whether it's pick up a bicycle, abandoned vehicle -- something of that nature where we could have a community service officer respond to that, free up a police officer to do the harder, more dangerous work out there. And so that's one thing that we are looking at as well. Instead of adding more police officers at a considerable cost, maybe we can add some civilian workers that could relieve the stress and leave the more dangerous, time-consuming things for the police officers. That will be part of the staffing study that we do as well. And as the city grows we have to continually evaluate and add beat areas. We need to figure out how to better deploy our resources so we can maintain our response times. We have had some difficulties with the county's new CAD system -- is pulling some of those response time data sets out, but we are able to capture some and in the last dashboard that we sent you the response times were in there and it looks like we are pretty much tracking normally. Not better. Not worse. It's taking us about three and a half minutes to get to a priority three, lights and siren call. It is taking us about seven minutes to get to a priority two, which is urgent, but not an emergency call and it's taken us about 8.7 minutes to get to a priority one call, which is just a normal report call. I will tell you, though, that those are from the time that they are dispatched to the time that the officer arrives. They are not Meridian City Council November 9, 2016 Page 9 of 61 necessarily the time that the person called in. So, that person may be calling in and that call sits in queue and prioritized and so they may have a longer wait, but once the officer says, yes, I'm going to that call, then, that's what those response times cover. Body-worn cameras. I wanted to talk a little bit about body-worn cameras, because Meridian had decided to go to body-worn cameras way before the uproar of Ferguson and some of those other places and really the reason why we wanted to go to body-worn cameras was to validate and prove the good that our officers do. I had a number of frustrating complaints that we would listen to and I would think to myself there is no way that we did that, but I had no proof, unless the call was recorded and oftentimes it was audio recorded, but that's only one -- one way to hear what went on, but not necessarily see. But I actually went to a conference and listened to a presentation on body-worn cameras and they talked about officer complaints dropping by as high as 90 percent and I'm thinking wow and so I just brought this in front of you today, because I was perusing this and this is American Police Beat, it's a -- one of many publications we get every month, but what caught my attention was it says body cams reduce complaints -- and this was a Cambridge University study, which says that body- worn cameras can reduce complaints by 93 percent in this study and so I asked our staff to put together some -- some figures for me, because I, too, felt that our complaints have gone down. I'm going to jinx myself and say we haven't received a negative comment card in a long time, so I will probably get one tomorrow, but -- knock on wood. So, I asked them to pull our figures up and you are going to see those right there. Officer complaints in the last three years. In 2014 we had 137 officer complaints. Now, when I say officer complaints, that is everything that we get. That's someone sending me an e-mail. That's someone calling me on the phone. That's calls for service complaint. That is something that we might see that an officer did after the fact and go , oh, that's not right, we need to look into that and where it's a department initiated complaint. So, that's not necessarily 137 people complaining, that is 137 incidences that we took upon ourselves to look at on our performance. And if you see on there that the body-worn camera program was implemented in May of 2015 and what's key to that date is that you will see the figures of -- of our officer complaints in 2015 dropped from 137 down to 43. So, I don't -- I'm not a mathematician and so I can't tell you what sort of percent decrease that is, but it's significant. And, then, we see that in 2016 we tracked a little bit higher there, that we have had 52 complaints that come in. But they are still far less than 137. So, I do believe that our body-worn cameras are doing what we wanted them to do and I believe that's for two reasons. One is if we had officers out there that were doing things that they shouldn't have been doing, I hope that they are smart enough now to realize that they probably shouldn't be doing that when the -- the camera is filming. If they can't figure that out, then, we will find other places for them to go. But, conversely, though, the public knows that we are recording and that changes their behavior as well and if it doesn't change their behavior , when they do call up to complain and we ask them if they want to see the video, then, they just hang up on us and that's probably why you're seeing that complaint number is dropping as well. I have told you, though, that with every great thing Meridian City Council November 9, 2016 Page 10 of 61 that we do there comes those unintended consequences and one of the things that was in the dashboards last -- last month was the public records request that we started tracking and they have increased and this is a table that was in that dashboard that you have seen. We didn't track public records requests prior to 2014 in some areas and separate it out and we have been working on that. So, you just kind of see the -- at the last row body-worn cameras and audio, we didn't track in 2014. 2015 we had 663 requests and in the ten months of this year we have had 1,909 public records request. But, thankfully, I did request a records analyst position, records retention position, to cover those increases and that's one of the positions that you all approved for FY-17. So, I think we are managing it, but you will see on there the increase that we are getting in those requests. I put this next bullet here really for Council Borton, but he's not here today. He and I have talked about this a little bit. On the body-worn camera program we actually use iCloud storage. We don't store it here. And iCloud storage is really cheap, but when you're putting a lot of videos in there it adds up fast and so our contract that we have covers the storage costs up to a point and we constantly look at that to make sure our numbers are staying in check. Well, one of the significant benefits that we just had is that evidence.com just changed vendors and they went and -- and I don't know if -- they went from one to Microsoft, from Microsoft to Google to Microsoft or something. I don't know which vendors they are. But when they switched they got double the capacity for storage at -- at no additional cost to us. So, what our contract originally had has doubled and it's free to us. And at some point in time we are going to run out of space and they are going to want to charge us more per -- per gig, but as they had these larger agencies, the LAPDs and the New Yorks, they realize that they couldn't add them without having an unlimited plan and so when we signed our contract an unlimited plan did not exist. One does exist today. It doesn't make any sense for us to go to the unlimited plan yet, because it would cost additional funds and we are within our capacity right now. But when we get to that point where we are going to start paying overage, then, we will change to the unlimited plan and, then, right now the current estimate of the unlimited plan is 10,800 dollars per year total. So, it's really kind of a no-brainer for us. But that's ten -- that's 11,000 dollars we can save right now by not -- not doing that. So, there is no reason to do that yet. I want to talk about the Public Safety Training Center. Mark might highlight on this a little bit as well. I can tell you that it's been a complete success, not only for the police side, but for the fire side, but I will let the fire side touch on -- on theirs. We have had some very high-level courses that we have sponsored that the benefit is that we didn't have to send an officer out of state to go to it. So, we have saved at least 2,000 dollars per officer by not having to send them to these classes. But I wanted to share with you some of the comments that we have heard from instructors and one of the instructors from Southern Police Institute out of Louisville, Kentucky, said that this is the best facility he's ever taught at. Now, I think a lot of that has to do with the fact it's new and the technology is great, but that's what they are telling everybody else as they pass through the United States about how awesome Meridian is and so that's -- that's good news for us. What it's done, though, is it's just attracted other Meridian City Council November 9, 2016 Page 11 of 61 high-power classes and that's a benefit, but it creates a lot more work. We have had attendees from Pennsylvania, Missouri, Orange County, California, several places in Colorado, Aurora, Colorado State, Denver, Spokane, Washington, and the list goes on. So, we are making a pretty good name for ourselves across the United States in regards to what we are offering here. We are talking about the - - taking it to the next level and what does that mean . I don't have the resources really to take it to that next level, so that's one thing that we are going to have to talk about as far as if we like what we are seeing and we want someone to coordinate the classes that are going out of there, we are going to need someone that's dedicated to doing that. I have not talked to Mark yet, but this is really not just a police problem, this is going to be a police-fire issue that we will have to talk about and come forward if we want to take it even beyond it's probably going to take additional resources for the future. Scenario village. That was phase two of this plan. We have engaged our youth and our schools to help us plan it. We did envision them helping us build it, but we have realized that the -- the state and the city regulations are just too extensive that you are going to need a general contractor to oversee that, but talking about the early stages of how to move that to the next level. The Mayor and I have been talking about some -- some potential funding issues through some Homeland Security funds. Don't know if it's there or not, but we are trying it and we will be talking about how to move that to the next level over the next several months . This is an item that you will see a lot. If you read any of the law enforcement reports or the after -action reports of the major media events that go across the United States in regards to use of force, you're going to see that oftentimes the person is having some sort of mental health crisis or they are under some sort of substance abuse and you can probably cite lack of training on the part of the officers in the departments and that's one thing that this city and this department has never done is cut back on our training. When we have had some difficult times -- and I -- well, I get chided a lot from my other fellow peers that say, well, Meridian doesn't really ever have any difficult times, but difficult times for us. When there is not as much money there and you have to look at cutting -- cutting back, we have never once cut back on our training, which is usually the first place that most departments do, but we have really challenged ourselves to how to be better . Crisis intervention training is something that we have been doing for every single police officer in Meridian, but it involves a four to eight hour training block for each and every officer and, then, we do a 40-hour block for a small amount of officers. We have finally decided that although it's going to be challenging because of the 300 percent increase in mental health crisis calls that we go to and the expectations that the public has of us, that we are going to get every officer through the 40 - hour program, even if it takes me three to five years. It just absolutely makes sense, because that's -- that's something that we deal with on a daily basis. And, then, we are really looking at -- while this hasn't been an issue for us, we like to be innovative and forward-thinking and look at increasing R&D escalation training, so we don't get ourselves in hot water and have to go back and explain to the community why we did what we did when we shouldn't have done it in the first place and those are some areas that we are working on trainingwise. Meridian City Council November 9, 2016 Page 12 of 61 Marketing and recruiting. I just look at -- I want to have a diverse working group that mimics our community and our community has changed so much , but I need to make sure that the department is a welcome place for them and, then, try to recruit them to come work for us. We do a phenomenal job without really even trying, so I just challenged our people to go -- if we really try how much better could we be and, really, one of the -- the areas that I would like to see is more females that are supervisors within our department and currently we only have one and I would love to see more of it. Not going to force the issue, but that's just a goal that we are looking on and how can we make that even better. One other thing that our command staff has been talking about is -- is really listening to the expectations and the concerns of our community is we might think we know what the problem is, but it may not be the problem that is really meaningful to that neighborhood and so we have to listen and hear what they are saying so we are prepared for that. The other thing as we get larger we are talking about building relationships and talking about having police liaisons with diverse groups. In the city of Boise they are so large that they have different diverse groups of people where they actually have a police liaison that shows up and communicates with that group and can share stories back and forth and keep that line of communication open. Whether that's ACLU or LGBT, or any of the refugee groups or -- or anybody for that matter, we are getting to the point where we have to do that here as well in Meridian and, really, it's a proactive move and so we can hear what their concerns are, what their issues are, and maybe adjust our training or adjust our -- what we do based upon community feedback as well. So, those are the things that we are looking at as well. It's not just training what we think we should be training, but training what our community expects their officers to be, because I tell our officers we are only here because the community allows us to be here. If the community doesn't want a police department, they will convince you all up here to get rid of us and we will do something else. But we are only here because they want us to be here and so we need to remember that. Technology in the 21st century. With Mike Tanner in IT and Jamie Leslie in our department, those two gentlemen have done some unbelievable things in regards to technologies, but their brains never stop and they are thinking how do we get better and how do we do more. I will tell you that we have a close working relationship with IT. We are a paperless process as far as report process, as far as taking the reports and we will scan them in and, then, send them to the prosecutors and the courts all via electronics. It's not paper. We have our e-citation -- electronic citation that we will print off a paper copy for the citizen in the field. Everything else is done electronically. We used to have to come back to the station before the car would -- would download to our computers and, then, into the state. Now that's done right in the field, because of Mike Tanner's work. And we are really trying to figure out how we can do more in the field without paper and I will tell you that we have always looked at field reporting -- field report writing -- or report writing in the field and I have been slow in doing that, because it really comes down to officer safety issues. You see a lot of officers are being ambushed because they are being distracted in their cars and they are not paying attention. The last thing I want is an officer with his head Meridian City Council November 9, 2016 Page 13 of 61 down in his computer typing a report and have something come up to them. So, we are slow in writing the actual report in the car, but that's not to say that they can't take a computer and go into a house and take the report via electronically in a house and so really trying to figure out how -- how we can take it to the next level. And, then, under our body-worn camera program it involves upgrades to our computer -- upgrades to our cameras several times during the contract and we are adding eight additional cameras for those new bodies that we are bringing on board and it's going to be a wireless camera and so we are going to convert all the cameras over wirelessly at the same time and so we will -- we will no longer have to be burdened with the -- with the cords. The other plus to that is it has a battery that can be replaced here without being sent in. If we have a battery that fails now we have to send it in and it takes six to eight weeks to get it back. So, there is a lot of good in that and there is no additional cost to the city. It's all part of the contract, other than the cost to adding those new cameras and I just saw those figures and it's -- it's under budget, but not much, by 300 dollars. So, 300 dollars is 300 dollars. It's under budget. So, we -- actually, we guessed pretty close. And probably our single greatest success is developing our department culture and setting high expectations of our people and that's been difficult at times, because when people can't meet or choose not to meet those expectations it causes some stress upon me and -- and some hard decisions to make and end up losing some good people. But we are focusing on maintaining our culture -- our culture. Accountability is really important to us. This is where I kind of hinted at when I said we went from eight to seven people is we are looking for that -- the right people in the right places and I will tell you right now we need bodies on the streets. We have some -- some officers that are on light duty, we have some officers that are going through some health issues , we have some open positions and I have some upcoming retirements and we absolutely need help in the field and we are doing everything we can to get those people, but I am not going to make life harder for us by bringing in the wrong people and so when I asked Berle Stokes, Lieutenant Stokes, some successes in patrol and he says I don't really know how to frame this and so you're not going to see this in the PowerPoint -- is he said that despite the challenges that we are going through right now, we have great people that are making it work. He goes I don't know how we are doing it, but we are making it work and so that's really a testament of -- of how our officers view this community. But hiring the right people and make sure they are in the right places is crucial to what we do and it's all based upon our department values and city values. It really comes down to trying to get the most that we can for the cheapest that we can, but still maintaining or improving the current level of service and if I could wave a magic wand and figure out how to do that easily I would do that , but that really is -- is what we are trying to -- trying to do. And with that I'm going to open it up for any questions or comments and, then, defer it to Chief Niemeyer. De Weerd: Council, any questions? Cavener: Madam Mayor? Meridian City Council November 9, 2016 Page 14 of 61 De Weerd: Mr. Cavener. Cavener: Chief, I'd echo your comments on culture. When I engage your staff, sworn or non at all levels, it's refreshing to hear them reinforce that time and time again. So, kudos to you and your team for that. Can you talk just a little bit about the difference between the community service officers and sworn officers and what does -- what differentiates between a sworn officer and a community service officer? Lavey: Sure. I could do that. So, a sworn officer would be required to go through the police academy and would have arrest authority and would come at a higher cost and on workmen's comp because of injuries and salaries. A community service officer would be similar to a code enforcement officer, but right now a code enforcement officer really does, you know, abandoned vehicles, weeds, obnoxious things -- quality of life things and it really would just be an expansion of their responsibilities and what they do and so they may go to a car crash that -- that is just, you know, a rear ender or something like that where they can -- the cars are already off the road, where they can just take a report and transfer information, or it may be a -- you know, a traffic hazard where something's in the roadway or something that they could just go with a truck or a car that has an orange light on it to protect them and go pick it up out of the roadway. But it would be non-sworn. It wouldn't require the extensive training that we have to go through, so that's going to save us cost and, then, because it's a non-sworn position it would also be a cheaper salary. So, really, it would just be getting a -- a person that would not have to go through all the advanced training and the academy and would have no arrest powers, that would just be a citizen that's doing the duties that we assign them to do. It could be parking. You know, it's really what we choose to allow them to do. Cavener: Madam Mayor, follow up with something. Chief, are there municipalities around the valley that are using these types of officers and , if so, who and -- Lavey: Madam Mayor, Councilman Cavener, yes, there is two. Garden City started it and Boise city also has them. That I'm aware of. Those are the ones that I am looking at modeling after them. I want to say Nampa, too, but I'm not sure on that one, but I do know absolutely for sure Garden City and Boise city have them. De Weerd: Okay. Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council November 9, 2016 Page 15 of 61 Milam: Chief, the answer your math question is 69 percent, approximately. Lavey: I knew someone would do it, but I knew you -- didn't think it would be you that would be the one that did it. Thought it would be these two guys with their phones. Milam: It went down by approximately 69 percent. And I just want to reiterate that the CARE values that your team does really show and I feel like I have a conversation on a regular basis with citizens that are in Meridian and other places discussing this and really just talking about how -- how much better our police force is than any other police force anywhere ever, so as far as their -- their respect and their kindness and their care towards the people that they are dealing with. Lavey: Thank you. I appreciate hearing that. They are not -- they are not ours as in the police CARE values, they are ours as in the city's CARE values and that's one thing that the Mayor probably will remember that when we first started with the CARE values the police department has to be different, they have to be their own island, so we have our own values and, then, we -- in a book, which you didn't know what those were unless you went and took the book out and read them and, then, you had the city core values and we said why do we have two sets of values and why do we have values that we don't even know what they are. They really have to mean something to us. We have to know what they are and be able to remember them. That's a great thing about CARES and we adopted those. Now, we might have tweaked them a little bit as far as what they mean to us, because we have had that argument about customer service really isn't something that the police department deals with customers and I said , well, we deal with everybody professionally and if you have to call it professionalism instead of customer service, I don't care, but that's what we are going to be doing and it's taken us a while for that culture to be adopted and it's been a little difficult, because you have to hold people accountable. That's hard. Especially when you're up here and, then, you get promoted now you're supervising your peer, but it really comes down to quality hiring, too. We used to fill positions just because we had open positions and we don't do that anymore. We find good, quality people that -- that have those same values, because we realize that those are something we can't train, those are moral, ethical, family values that you have come up with as -- as an individual and I can train you how to be a police officer, but I can't train you how to be more and that's what we are looking for. De Weerd: You know -- and I'm glad you brought that up the -- up front you're looking for officers that fit the culture of the department of the city. We just got an e-mail recently -- and I have kind of told the chief that one of those performance measurements is when I drive down and I drive by one of our officers and they start waving at me instead of not noticing anyone drove by. You know, it wasn't just me it's that they are more aware of what's going on in our community. So, we just got this e-mail from a grandmother who said that she and her grandson Meridian City Council November 9, 2016 Page 16 of 61 were out in their front yard and a police car drove by and the police officer waved and it wasn't just the fact that he waved , but he did turn around, come back and got out of his car and gave him -- gave the little boy a sticker and she said, you know, just that act of coming back made that little boy's day and has changed how he sees the police department -- a police officer and, you know, those things go a long way. They pay dividends to building relationships with our community. It's more than just driving down the street, it's caring. And so that is immeasurable. It's kind of one of those squishy ones, but those squishy ones are sometimes the most impactful, so -- Lavey: Sergeant Mark Ford. That's who that was. De Weerd: Officer Mark. Lavey: May as well give the credit where it's due. And one last piece that has nothing to do with the city, but just for Councilman Palmer, I think we have located one of your cars that you have been looking for for a while and just as soon as we are done processing it we will make sure that you can have it back. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I feel like there is confusion now. I'm working with a finance company and there is -- De Weerd: Yeah. How many cars do you have anyway. Palmer: And there is a couple that from what I understand they were incarcerated somewhere in southern Idaho and had -- the car was at some relative and we had no idea where it was, we have been trying to find it for a few months -- about three months and, then, I -- I got my daily e-mail with the arrest report and saw that they were on it and so I checked with them to see if there was a vehicle involved that might have been impounded and it was our car . So, we are super excited to have located our vehicle now and it's back in Meridian, too. Lavey: We aim to please. De Weerd: Any other questions from Council? Bird: Great report. De Weerd: Thank you, chief. Lavey: Thank you. Meridian City Council November 9, 2016 Page 17 of 61 Niemeyer: Madam Mayor, Members of the Council, good afternoon . Wait until we get this presentation up. But the follow-up to Chief Lavey's comment -- we were discussing this beforehand -- some of you recall back in the day when we were a little bit younger and less gray hair -- probably more hair, we would take the opportunity of digging at each other a little bit and throw some things in the PowerPoints and we just realized we are getting older, because we don't even have any of that. So, the fun is gone. De Weerd: So, you did it right off the bat. Niemeyer: I might have. Benefits of going last, I guess. So, with that, thank you for allowing us to take this opportunity. This is the annual update that we do as a public safety partnership where police and fire present some updates to you as Council. See how to work this. I think I'm the guy that has the problem with this. So, the four things that we are going to cover here -- 2016 successes. 2017 budget update. Where we are going with the dollars that you allocated to us to give you an idea where we are at and where we are going with that. Some current and future challenges and, then, lastly, needs and I only have one. So, as far as success stories, we replaced the two engines in service, Engine 32 and Engine 35. Your decision saved about 36,000 dollars to the taxpayers because of the purchase of two. Again, I think you heard Tom Berry at one time talk about how long it takes for them to build some of their apparatus. Ours takes about nine months and so that planning process really starts about a year in advance to make sure we get those within the budget cycle. We did get those delivered. We thought we were going to have to carry forward those funds and we got them here delivered for the FY-16 close out. So, we really appreciate your support and we appreciate the Finance's help on that. They are very good to work with. Our Saturday Public Safety Day. This is something that police and fire do together on a Saturday in October to celebrate Fire Prevention Month and Crime Prevention Month. This year we had 678 participants. We have been doing this for about five years and that is a new record high . That is a lot of work for Pam and for Stephanie and the folks that help out with that . The vendors that come in and help out with that. Huge success. That's a lot of people packed in over at Station One. So, a great success there. We anticipate that to continue. Part of Heart Safe Meridian is making sure that city employees are trained in CPR. This past year we trained 39 new employees. That's not the ones that had already gone through and, then, refreshed on. So, 39 new employees got trained in CPR. That's a great thing for us and for a community. Those folks are now out in our community whether they are with Parks or Public Works or Fire or Police and in the event that we have that cardiac arrest they know what to do and we are helping to save lives through this program. So, we appreciate your support on that. De Weerd: And I guess I would ask if any of you take -- have taken that training? I would strongly suggest it. I have, but -- Meridian City Council November 9, 2016 Page 18 of 61 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I was going to save this to the end, but while I have been trained in it I was going to maybe ask the chief if potentially down the road the rest of the Council could be trained in that as well. Niemeyer: Absolutely. Cavener: I think that would be something that we could all benefit from doing together. Niemeyer: Absolutely. We would be happy to. De Weerd: We will certainly make sure that when it's offered again to let you all know. Niemeyer: In fact, we do have an offering to the public coming up shortly. Director Siddoway approached. They have some staff that they would like to get trained. So, we are going to be doing that over at the parks maintenance facility. I don't have a date yet. They are coordinating that with Pam. So, that would be another offering. The EEOGs. This took about a year and a half to develop. We now have four out of the five Ada county fire agencies and three Canyon county agencies all under the same emergency operating guidelines. That's fire ground operations. That has bettered our communication with one another when we go on responses together and it's bettered our fire ground effective. We are very excited about that. That's been long overdue and was really a milestone for us. Joint entry-level recruit academy going on right now. We have seven agencies participating in that throughout Ada and Canyon counties. We will get to this a little bit later as far as staffing, but we are -- that is moving forward. We are using our training staff to teach at that academy. We are discussing how can we potentially move this into a community college type mod el. Law enforcement has done a very good job in the state of Idaho through POST. Law enforcement officers everywhere in the state of Idaho go through POST. In the fire service many jurisdictions across the country for many years have taken those academies and put them into a community college model where the students bear some of the cost of that and when they come out they are ready to be hired. We kind of do it opposite. We hire them and, then, put them through training, which creates some challenges. So, we are working on that. We think we can achieve that. We also hired Charlie Butterfield. I'm very excited to have Charlie on board. He replaced Chief Amenn. He was a previous assistant chief at Sun Valley. Has about 18 years of service in the -- in the fire service. Has a master's degree in education. His areas of focus are going to be data collection, analysis, reporting, our dispatch and communications liaison with the Ada County Dispatch Meridian City Council November 9, 2016 Page 19 of 61 Center and the sheriff's office, some of our risk management as far as identifying our target hazards and how we can respond better. So, really happy and excited to have Charlie on board. He's been a great fit. And, then, ACCESS, our Ada County City Emergency Services System. This is different than ACAM, which is Doug Hardeman's office for those of you who know Doug. This is the EMS system. This, again, is in a fifth year and we have more success in our fifth year than we did in our fourth. So, a couple of highlights with that. We transitioned to a new records management system where we -- where we do all of our patient care and fire reporting into. Everybody is using that system now in Ada county and here is how cool the technology has become. When we arrived on scene we take our MDTs, our motion tablets, which you have heard about, into the house and we start documenting patient care. When Ada county gets there there is a little special thing that happens between those two tablets , they, then, get that information from us, they add their steps, and when they hit the hospital there is a full report for the doctor that's now treating that patient. So, seamless information, seamless care being given to the citizen , which is a huge benefit. That model that we are under, that JPA, has saved us about 30,000 dollars annually in operating costs. A lot of that is in equipment and supplies that Ada county is now providing to us and we are no longer buying. So, we have reduced that line item in this year's budget. The other is -- what it's forced us to do is look at how we plan our resource deployment on medical calls. So, a couple of highlights there. Fire is not responding to all the medical calls we used to and so a lot of those non-emergent calls that we know historically get transported to the hospital still, the fire department is not going unless Ada county gets on scene, realizes they need us for some help. So, that has decreased our call volume in that area. Likewise, the ambulances are not going on all calls either and a prime example of that is diabetic patients. Diabetics historically we could wake up with the treatments we have and, then, they stay at home. There is no need for them to go to the hospital and with that system and talking about how can we better deploy, we found a better model. So, we are very excited about that. And as part of that we -- we also had to take a look at our fire responses, because we had two things going on. We had ESO, which is the records management system, the reporting system, and we TriTech CAD that was rolling out at the same time. So, one of the discussions we have had between Mayor, the Council, and myself in the past is automatic fire alarms . Commercial automatic fire alarms. Historically we have sent the world, just as if we would to a fire. We do that, because you never know what you are going to find when you get here. The change in deployment -- and this has been done now countywide with all the agencies -- if it's -- if it's during working business hours where we know we have people in the building, we send one engine non-code to go check it out, because we have somebody in the building that can tell us if something is on fire or not through that fire alarm. And so after hours we do still send the full response. There is nobody inside that can tell us what we are doing or what's going on in the building, but we have changed that for the daytime hours, which has decreased our overall resource response, so we are very excited about that. That's a good move. Quarterly joint is going on through this access system. Meridian City Council November 9, 2016 Page 20 of 61 Chief Lavey mentioned the Public Safety Training Center and I did not have that as a talking point, but I do want to reiterate our appreciation for your support in that. That facility has been used heavily. We have used the auditorium a lot. We have brought in national speakers from Texas to Minnesota where we allow our crews now to come to them, instead of us always sending them out. That has been huge. We also really heavily use what's called the SIM room. That's the one where it's got the two-way glass and, then, the room next to it. That's where we do all of our command center training and we also do all over quarterly shared EMS training. So, we have Meridian crews, we have Ada county crews, Star and Kuna sometimes bring their crews in and so we are doing system-wide training in that room and we greatly appreciate it. We did not have that room in the past, so for us the training facility has been a huge addition and a huge positive, so we appreciate your support on that. Along with some of the training, Jeff mentioned CIT training I think is what he called it. Basically, about 30 percent spike in mental health calls. Likewise so have we, because, typically, the calls that they are on we are on, because a lot of those patients are needing some assistance and so our last quarterly training on mental health calls and when those turn violent what do you do and so we work with PD on that as well . But that is something that we are training on as a system. Also our department master plan is completed. We presented that to Council. That was a four agency plan that still had very specific Meridian areas for improvement in. Those topics that we identified that the consultant recommended we look at, we sat down and prioritized those and we built in some of those into our 24 month tactical work plan that I'm going to get to here in just a second . So, a lot of those were operational suggestions that we can do operationally to better ourselves and so I will get to that here in just a second. There is still an outstanding need for our response time adoption. So, that's going to be the need at the end for discussion. Quick FY-17 budget update. We requested two training captains. We thank you for your support in that. We did hire Christian Forbey and Glenn Wilson to fill those roles. Glenn has been at the training academy since it started, so he's there full-time. Christian Forbey, who oversees our programs training, just completed an eight-week engineer development program course. He's also filling in at the academy when they need extra bodies and, then, once that academy is done Captain Wilson will be going to shift training for our daily shift crews and Captain Forbey will begin our emergency vehicle operations course. That's an annual certification that we do. That helps with some of our ICRMP training as far as risk management to hold that course . So, that's an update on our two training captains. The three firefighters that you approved -- we had a total of eight that went into the academy. We had five vacancies going in and you added the three that -- that were approved. We appreciate that. There is a downside similar to what Chief Lavey mentioned. They went from eight officers to seven. We have gone from eight firefighters to seven. We did have one that was dismissed from the academy here recently. So, we are down one spot. Graduation for the academy will be December 9th at 4:00 p.m. at the Idaho Center. This is going to be a really cool deal, because there are seven agencies involved. The Idaho Center was gracious enough to say you can host it Meridian City Council November 9, 2016 Page 21 of 61 here. So, we will actually have fire engines inside the Idaho Center, with our pipes and drums collectively playing in the Idaho Center. It's going to be a really special deal. So, we are very excited about that. So, I say that to put it in your mind. We will do a formal announcement and invitation to everybody. Once they graduate they will begin their field training task book out in the field. FY-17 budget also. Our EMS quality assurance position from the EMS system, that position is filled. QA for all fire departments, including ours, as part of that program will begin January 1st. That is something we have not done in the past and we will begin January 1. That's a step in the right direction. Analytic software. We talked about that during the -- during the budget hearing. We have identified the vendor. The vendor was actually brought to us from our IT department. They have been looking for vendors that could meet our needs. This was something they couldn't build internally. They don't have the capacity to build what we are looking for. So, they brought us that vendor. I can tell you the cost was 60,000 dollars a year, which made me swallow hard. It is a very powerful tool. It's very deep. Software is not cheap these days. But that was a challenge. So, we sat down and we worked with some our partners, Boise fire, Star fire, Caldwell, Nampa, Ada County Paramedics, they all have an interest in doing the same software. Boise is actually using it right now. They got it off a grant to do some wild land-urban interface planning. It's the same exact software. The software is endorsed by the Western Fire Chiefs Association. So, the company Intera is using us as a model for how to do a regional collaboration using this and it will be valley wide 90,000 dollar cost. Our cost will be about 16. So, from 60 to 16 all in a matter of finding partners and collaborating. That's what we are about. So, we are very excited about that. I know Chief Butterfield is very excited to get this software going, because it's going to make his job a little bit easier. Final stage of 24 month tactical plan. This was not a budget item, but it's certainly something that we have been working on once we have entered fiscal year 2017. Our five year strategic plan we finished it. Completed it. We wanted to have a plan moving forward that the entire organization, as well as you, the City Council, the Mayor, knew where we were going in the next 24 months and what our priorities were. So, we went on a retreat. We incorporated the master plan recommendations, our employee engagement survey, as well as the city's strategic plan and developing those 2 3 tactics that we came up with. Each tactic does align with the city's strategic plan objectives. We developed that with the union. So, there is a partnership there. As far as those 23 tactics go, you can see how those are broken out. We have eight short time, which is six months or less to complete. We have eight that are going to be six to 12 months to completion and, then, seven long-term that will be up to 24 months to complete. So, this is our next two years and our focus. In addition each tactic has a measurable outcome. We are very big on how do we measure and how do we articulate success. So, each tactic that we have will have some kind of outcome that we will be able to articulate success or not. So, we are very excited about that. There you can see the flow chart. Something that Councilman Cavener will be getting very used to. Councilman Borton has seen it. And this is just an update. We have been working with the Parks Department -- this is Meridian City Council November 9, 2016 Page 22 of 61 something I'm very excited about and I know Mike Barton is here and so -- we were talking with Parks about the future possibility of co-locating fire stations and parks and on paper it seemed like a very good idea. We are merging two services that the city provides to our community. It's providing a shared face of the city in those locations. So, we got together with Parks Director Siddoway and -- and Mike and what I loved is -- to start the conversation we didn't ask why not, we said how can we do it and I really want to thank Mike. He's been great to work with. So, we have some ideas. We are going to the Parks commission tonight to discuss some of those ideas moving forward in the future . For us as far as fire station locations, one thing we have learned is that putting fire stations on the one mile roadways is not a very good idea. It's great at the time when it's small and a little bit of traffic. As traffic grows you see what Franklin Road has done. You see what Ten Mile has now done with the expansion. If any of you drive Locust Grove at 5:30 at night going home you know what that's done and all of those fire stations are on one mile roadways. So, at the half miles are much better. Better access to the arterials, but it keeps us off the really busy roads to get out onto. So that's one thing that we are looking at. So, with that our Station Six property, that the rural district did buy already, is a challenge. We have even some more challenges with access due to some ACHD constraints on in and out, so we are working with parks on a potential partnership in Bear Creek. That's in its very infant stages that we are discussing. We are also talking about a partnership in south Meridian as we expand. So, we are very excited about this partnership. For Parks it puts our guys right out there with the community and I love that. Chief Lavey talked about waving and so did the Mayor and that was a cool story. I loved hearing that. I had the opportunity to go to Fire Station Three not too long ago and Captain Kiesig was on and Scottie is not one that likes the spotlight I know, but I was just going to have coffee and talk to the guys. They pulled their chairs out and they put them on the tarmac at 5:00 o'clock on Locust Grove. You know what they were doing? Waving. Interacting with the folks that were going back and forth. I see that type of relationship in the Parks. Our firefighters are right there engaging and interacting with the community. From the Parks standpoint it puts a face 24 hours a day on the park and so, hopefully, we will see a little less vandalism and there is some other benefits. So, we are pretty excited about this potential and Mike's excited, we have got some things to work through and get approved and talk and discuss, but I think moving forward this a great concept. We are pretty excited about that. Current and future challenges is staffing and it's not so much the needs of the future, but staffing in that recruit academy. Right now when we have five vacancies we hire five recruits and we put them in the academy. I just got done telling of our last one. So, that sets us now back a year in that position potentially filled again. Station Six when that does come online that's 12 firefighters going into an academy. Going under the assumption that you are going to lose two, if that were to occur you can see where we are behind. Moving forward it was great to hear about retirements coming in the police department. We are in the same boat. We anticipate up to six retirements in the next 18 to 24 months. Those are captain and engineer level positions and so Meridian City Council November 9, 2016 Page 23 of 61 through that you will have to hire back six firefighters, put them in an academy. So, this is our staffing challenge. We have sat down and we are discussing how we do it different. Is there a different model to use that eliminates some of these problems. It frustrates me to no end to ask for a position and, then, say I won't have it for another year. It's hard to swallow. But it is what it is right now based on how we do our academies and how long they need to last to get those firefighters ready. So, we are considering a different approach. The hiring for the academy, we are considering an alternative to the current promotional testing process. Looking for solutions is what we are doing. One challenge is growth and, really, it's -- it's growth specific to some traffic increase. We have talked about that on Locust Grove at 5:30. We all know what the traffic is in various parts of the city. So, with that congestion it does slows us down a little bit. Some of the medians that we are putting in, while safe, they do slow us down a little bit. Things like that do cause us to slow down a little bit in getting to a call. Our call volume -- station call volume is increasing at certain stations. So, Station One, for example, we are going to be about 2,064 calls. As a comparison back in 2000, which really wasn't that long ago, I did not have as much gray hair back then. Our call volume for the entire area that we covered was 2,069. So, one station today equates about what we had for the entire area about 16 years ago. Looking at Overland Road and Ten Mile with the urban renewal and also the development of Overland Road, the commercialization of some of that stuff on Overland Road, as well as the residential development going on to the south, that's going to be a hotspot. And, then, looking at our southeast and northwest corner. So, we are just keeping an eye on those. In our southeast with the YMCA going in, the school, and, then, residential growth, we know that's going to expand and, then, our northwest corner. Some pretty big developments going in as well. So, we are keeping an eye on those as far as future challenges go and try to meet those. Response coverage gaps in growth for us in Idaho is predominately horizontal. That does create some geographical gaps for us, as opposed to vertical growth you maybe see in the big cities. So, with that it takes longer to get there, as opposed to getting there in a short amount of time and going up a flight of stairs. So, that is a challenge for us. The stations are a little bit more spread out as far as -- or the population is a little more spread out. Station Six -- we have been talking about this for a number of years, so it shouldn't be a shock it's in the presentation. We only have one fire station south of I-84 right now and that causes a pretty big concern. So, that is our next need to meet that challenge. Seven and eight, don't know when. That will be dictated on how much growth occurs in those corridors. And that one last challenge we continue to have is that Station One cross-staffing. I mentioned the call volume out of Station One that we anticipate. The reliability factor is down. I know Councilman Borton and I had several conversations about reliability. It's just the ability of that unit to respond within that subdistrict based on their call volume and call load. Right now we are about 74 percent. The anticipated call volume, if you break that out of Station One, 824 of those calls are fire-related and, then, 1,240 of those calls are EMS related. So, we continue to work on how can we solve this and how can we -- how can we meet this challenge. So, that is a continued Meridian City Council November 9, 2016 Page 24 of 61 challenge for us moving forward. So, the need -- try and keep this brief. I know there is a lot on the agenda. We have talked response times several times over the past seven years and the need for adoption of standards as far as response times go. So, what I'm here to ask you tonight -- a follow-up from the master plan presentation that we had -- is to consider the adoption based on our recommendation as far as chute times go and responsive -- travel time. Let me get to chute time first. Chute time is simply the time that the dispatch center notifies us of a call until the time we roll out the barn. Out the station. Sorry. Public safety talk. The standard for that is 60 seconds for EMS calls and 90 seconds for fire-related calls. And 90 seconds is the additional time so they can get their turnouts on. We can achieve this standard. So, we would like that to be considered for adoption. The second piece of this is the travel time standard and I have two options on here, but I do have a preferred option. The preferred option as what was presented to you in the master plan presentation, that is population-based travel time. So, in the urban and metro populations per square mile, which is 2,000 people or greater, we would like to adopt a five-minute travel time. In the suburban populations, which is one to 2,000 people -- and, again, we can map this through GIS on a map and, then, we can articulate our benchmark. It would be seven minutes -- nine minutes for the rural setting, which is 50 to 1,000 people. If you remember the master plan there was also a frontier discussion. We don't have frontier here in Meridian. The pieces that we do are farmland that we have no houses on and so that is option one. That's a preferred option. It's the option that the ESCI, the consultants, recommended looking at going to. Option B, which is harder to track, but it is an option, is to take the city borders and say a five minute travel time in the city borders and seven minute 30 travel time anywhere outside the city borders. I can tell you it's a lot harder to track to, then, gauge a benchmark to performance. So, I'm hoping tonight there can be a brief discussion -- there has been a lot of time to kind of sit on this, chew on this, that we can come out with some kind of direction on expectation. Just file that -- that would be an overview. The one on the left is Option A and we track that through densities. We get those numbers through COMPASS annually, so we get updated densities and we can track that. Option B on the right, you can imagine that's a little bit harder to track , because you have to have a way to pinpoint that call location and determine if it's in the city or in the rural district and the challenging part about that is you can see the little pockets of rural fire district within the city limits as well. And with that I will stand for any questions. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mark, go back to your call numbers. You showed the truck had to respond to 800 and some fire calls? Meridian City Council November 9, 2016 Page 25 of 61 Niemeyer: Correct. Bird: What year was -- did we have 800 and some fire calls? Niemeyer: So, that is in anticipation. We have taken the last six month's worth of data and, then, broke that out into a year's worth of data. So, the last six months -- Bird: We have been responded to 400 fire calls? Niemeyer: Yes. Four hundred calls that required a fire apparatus response. So, that could be a car fire. It could be a structure fire. Bird: But not a -- not a truck. A fire apparatus. Niemeyer: Yeah. Bird: But if you look at that -- go back to that, Mark. I think -- I might have misread it and I apologize if I did. Eight hundred and twenty-four annual fire requiring Truck 31 response. Niemeyer: Yeah. So, if you look at what Truck 31 responds to -- and keep in mind Truck 31 responds to the entire coverage area, not just Station One's small coverage area. They are going to all extrication calls. They go on automobile accidents within their district. They go on the I-84 calls. They go on the commercial fire alarms, structure fires, reported structure fires -- there is an entire list of call types that they go on. Bird: But it isn't fire responses, all 824. Niemeyer: They are all fire related. Bird: All fire related. Niemeyer: None of those have any kind of -- Bird: For Truck 31 out of Station No. One. Niemeyer: Uh-huh. None of those have EMS calls to them, other than our traffic accidents that we do send the truck for stabilization when they have a patient. De Weerd: Other questions? I know the chief hopes to have feedback on the response time. Niemeyer: I would love feedback. Meridian City Council November 9, 2016 Page 26 of 61 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mark, if you want to jump ahead to slide 17 and, then, to recommendations. Niemeyer: Visual? Cavener: Either/or. Oh. Okay. I will get it. Sorry. I'm looking at the computer screen and trying to talk into the mike. I guess -- I'd like you to dig a little deeper -- to me what it sounds like is that you're -- you're -- well, not officially, but softly recommending Option A -- Niemeyer: Uh-huh. Cavener: -- and you have got some concerns about Option B about its ability to track and I guess what I'm hoping you can provide to us is how it's easy to track in Option A, but more difficult to track in Option B, because when you look at -- when you go to the visual there is pockets where it changes as well. So, both to me appear to be challenging and not being the subject matter expert Option B seems to be easier, so I'm hoping that you could give us maybe a little more analysis behind your recommendation. Niemeyer: Sure. Part of the challenge is when -- in Option A you're breaking down the population per square mile , so you have these one mile square blocks that those calls, then, get pinned into and you simply say did we meet the compliance for the travel time based on what we set here within that. It's very easy visually to capture. It's very easy from a data management standpoint to capture. The software that we talked about, the analytic software, can do that very easily. Under the city model you have to take that call and there has to be an additional layer of determining is that in the city or is that in the district and we have those -- those pockets of white -- that's an added step in the process to evaluate. Cavener: Madam Mayor? I'm going to make an assumption, but I also need to make an assumption that if there is a pocket that is in the district, but is in the metro-urban area, the fire department's not going slow themselves down to get there. I mean it's really for evaluation purposes. Niemeyer: And that's where Option A -- it's regardless of city or district, it's based on that square mile population that we set the benchmark to. The other reason I -- quite honestly I do like Option A is that from a planning standpoint, as we get those annual numbers from COMPASS and can see the population expansion, even in looking at future fire station planning, as the population Meridian City Council November 9, 2016 Page 27 of 61 increases that's a great visual to say, okay, there has been about a hundred calls in that area, our population is now increasing, do we need to plan for that as our next station or does the northwest corner make more sense and from a planning standpoint Option A works a whole lot better. Cavener: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mark, this isn't anything new to you. My question. But before I can get into the times and stuff, I need to -- I need three answers that I don't seem to be able to get and maybe now that we have got Mr. Butterfield on we can get these answers. I'd like to know how many calls we are responding from the station. How many from the area and how many from out of the area for each station. And I -- yeah. I mean per area. Like three has got an area. Because that tells a lot to me. De Weerd: So, I think what might also be helpful -- and I think you have the technology to do what Mr. Bird is asking, but I don't know if you have it all plugged in to -- to know that at this point. But what is our -- what are averages right now in each of those different than bullets under Option A and what kind of staffing -- because I think that it is measured by the first truck on scene in particular for the fire or how long it takes for all apparatus to get there , what are the -- Niemeyer: Madam Mayor, Members of Council, to your point first. I can tell you in that -- in the five minute travel time our average is five minutes 30 seconds right now. Today. It does mark -- this is travel time for the first arriving apparatus. We do have a separate benchmark internally where all arriving apparatus try and arrive there within the first 15 minutes and that's an internal benchmark that we track. So, that is five minute travel for metro urban areas, which is really core areas, we are at 5:30. The goal is five. I can't tell you off the top of my head what our seven and nine is right now. Bird: Madam Mayor? De Weerd: Though I do think that will be helpful for this Council to make those decisions, you know, maybe they can say Option A is preferred, but, then, we need to talk about what your goals are and if they are achievable and how much it costs. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2016 Page 28 of 61 Bird: You just hit a very good statement there. But I think that while these are A great benchmark and I hope we can reach them, you're looking at -- you know, we are not -- at nighttimes we are not going to respond as fast as we can in the daytime. You have to come out of bed. You have got to wake up. You're not going get in the truck and go as fast. I think they are great goals, Mark. I hope we can beat them. But I will tell you I believe that our safety departments respond as fast as they possibly can safely and they do one heck of a job. I have never read -- the only time I have ever had a complaint was when it took 45 minutes for two to get to the Meridian High School for my grandson's broken leg, but it wasn't their fault, they were sent to Timbuktu. So, anyway, I -- while we need a benchmark, I think let's just keep getting -- and they do, they have got pride in themselves. Niemeyer: They do. And I appreciate the comments, Councilman Bird, but I will reiterate the importance of having a performance benchmark. This is the most basic component of a fire department. And when I get questions about why our response time is improving -- or getting worse, the question is what do you want them to be? What are they getting worse to? What are they improving to? And without that benchmark to measure to, it's kind of an open-ended answer and questions. So, having that performance that we can gauge ourselves to I think is very important. I can certainly provide whatever additional information the Mayor and Council wants, come back again, and I will try to get you your question answered, Councilman Bird. I know you have asked the question multiple times and I have given the same answer. I have talked to IT staff about this. The problem isn't necessarily technology to capture your answer, it's the manpower and the hours it takes to get your answer. This is not an easy push the button analysis, this is somebody sitting down and going through every call to determine when the call occurred, where the apparatus was, where did they go and doing that for thousands of calls takes a lot of time. So, there is no easy one push to get your answer and that's been the concern. In the past we had no ability to get that answer, because we didn't have those AVL's -- Automatic Vehicle Locators in our apparatus. So, that is a matter of manpower intensive. We could do a study for three months potentially and see if we can do that, but that's still somebody for IT or my department going to sit down for hours getting that . So, I know when I talked to Councilman Borton about this, instead of being very open- ended and doing a huge study, is there an example you would like me to grab of a call or ten calls or something that would kind of narrow the scope to get an idea and, then, if desired we could dive into it further. But that is a big time commitment to get that information. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2016 Page 29 of 61 Bird: Mark -- and I think you hit upon -- on it. We need a benchmark for our time, but, in the same token, there is so many different scenarios for those firefighters. Niemeyer: Uh-huh. Bird: Our first responders. Like the police, too. That while every -- in a perfect world everything they would be in their station and be sitting right there and be within a mile and a half or whatever their territory is to the deal and there wouldn't be any traffic on the road. But it isn't so. I agree with you. Let's get a benchmark and hope -- if we can hit it, great. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thank you, Madam Mayor. I have a couple questions, chief. So, I like the benchmark idea. I mean I want to say, yes, this is perfect. This is where we need to be. But you're not meeting these, which means there is an underlying question. So, my question is what are you really asking for? Because if we answer, yes, we want you to meet these, you're either going to make your guys move faster or there is something else you need that's going to cost a lot of money. De Weerd: Although I think the indicator is what t he chief has been talking about is when is the -- the trigger or the tipping point for Station Six and we are kind of at that higher end and this gives Council information as you start seeing the average creeping up, what are some of those influences and it's -- it's tracking where the truck is, you know, in the service area or not and it's also the influencer of the population growth and the urban or -- yeah, urban-suburban-rural type of influencers, too. So, it will give them a better indicator of -- and to you a better indicator of when that additional substation is going to be needed when you start getting at that higher end. Niemeyer: And, Madam Mayor, Members of the Council, Council Woman Milam, I think -- that was a great answer that the Mayor gave, because it is a planning tool. In addition, it gives us the ability -- if we are not meeting the standard, it let's us ask the question why and, then, it lets us go and look at those calls that we didn't meet the standard on to see if there is some underlying factors that we can improve upon. So, it's not necessarily a money thing. But it is a -- if we are not meeting it what are the causes of that . Maybe it's traffic. Maybe it's the station ultimately long term that it wouldn't have a time, it's in the wrong location. The majority of our calls are now on Eagle Road and that Locust Grove station doesn't make the most sense. So, it allows us to ask the question why. I think if consistently we identify the why, whether it's traffic or weather or we are slow or whatever it is and we are continuing not meeting the standard, then, we have Meridian City Council November 9, 2016 Page 30 of 61 another discussion. Maybe the standard was set too low. Maybe we are not performing to the way we should. So, I don't think -- it's not a money thing and it's not -- I need 25 more bodies, although if you want to give them to me I will take them. But I think it allows us to ask the question why are we not meeting the standard and really dive into why. Milam: Madam Mayor? Chief, that was a good explanation and I appreciate it, because it's easy to say, yes, this is good, go start doing your research. Have you already -- you know that you're at five and a half minutes. Have you already started looking into what some of those problems are? Have you started answering those questions just to kind of see or -- Niemeyer: Not yet. Milam: -- you're waiting for -- you're waiting for an answer for us? I just want to make sure that we are not saying, yes, go do this and, then, you're like oh, we are already over it, time for another sleep in tomorrow, you know what I'm saying? Niemeyer: Yeah. Milam: So, that was kind of a -- De Weerd: What a killjoy. You take away all the -- the arguments of doing something. Come one. Milam: Oh. Madam Mayor. Like I can't read my notes. The o ther comment was regarding Councilman Bird's question. You know, I understand there is a lot of calls, a lot of information, but I think what we have done with other departments and what other places do is, obviously, not the exact same type of circumstance, but you do a sample search -- or, you know, a sample test, we, obviously, have to be preferably somebody nonbias or random -- a very random sample test, but a lot of times that will give you a good indicator of where those calls -- where the vehicle is when those calls are made without going through every single call, so -- Niemeyer: And we can certainly work with IT to -- the Mayor and I already had this conversation on how to get that data and, then, run a sample analysis, if you will. De Weerd: Well -- and the ability is -- already exists through a different perspective from IT that they -- they can put their heads to this and see if there is an easier solution. It will give good data for the -- the administration to look at how each of the different stations are performing and maybe even re drawing the service lines because of various influencers. So, it's -- I'm excited. It's long Meridian City Council November 9, 2016 Page 31 of 61 overdue and I think you need to feel comfortable with what those are and maybe it's even let's look at this and see if it makes sense -- Niemeyer: Right. De Weerd: -- and revisit it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I think this is something that we have been talking about for three years at least. Niemeyer: Longer. Milam: Well, my three years that I have been here. So -- and I like what you just said. I would be interested in going forward with something like this, knowing that we may revisit it, we may have to tweak it a little bit, but level of service is certainly something that we have been discussing and, you know, kicking the can down the road again and again and again and -- and coming up with kind of the same stuff. So, in my opinion we -- it's awesome doing this and do some work on it and see where your inefficiencies are, see what needs to be done and, then, revisit it and see if we can -- De Weerd: Sounds to me like we are leaning to -- Niemeyer: How is this for a plan. I will -- I will come back in two weeks. I'm going to sit down with IT and see if I can get you a little bit more information, come back and look for a formal adoption. Milam: Thank you. De Weerd: Thank you. Niemeyer: Any other questions? Thanks. E. Legal Department: Discussion of Regulation of Short Term Rental Properties De Weerd: Okay. Item 6-B is under our Community Development. Mr. Nary, before you walk up. Council, would you mind -- I think we have a couple of citizens out here more interested in Item 6-E that we have that first? Is that fine with Council? Sorry. I should ask if that's fine with Brian, but he just got trumped. Meridian City Council November 9, 2016 Page 32 of 61 Nary: Madam Mayor, Members of the Council, so what we have today is a discussion -- we had a citizen concern regarding short-term rental properties in the city. Sometimes they are referred to as Airbnb, which is actually a trade name of a company. VRBO is another one. Vacation Rent By Owner. And there is a few others out there that exist and to be fair , I was not aware this is a significant problem, because I don't perceive Meridian as that sort of resort destination. But it is an issue and it is a legitimate concern and so we decided to talk about it internally to see what we would recommend bringing forward . I provided all of you a memo that was prepared by Louise Reed, who is here in the front row and who raised the concern. I spoke -- or Redd. I'm sorry. And I spoke with her. I had coffee with the Mayor as well. So, we organized an internal group of all these departments, planning, building, legal, fire, code enforcement and the city clerk's office. We looked around the country and it's kind of a hodgepodge today in different places , depending on the level of concern in those communities. Some places have created very strict laws and found some of those laws in either prohibiting them or creating some sort of licensing mechanism and some have chosen not to do anything at this particular time. So, we looked at all the different possibilities and what we could do in the city and, again, some of the other affected people, obviously, are the property owners and neighbors and they are here today to voice their concerns. So, we looked at some -- and this is just one. Not going to say -- there is only 138. This is just one snapshot that we got. This is a Boise page for vacation rent by owner. Again there is more than one site out there for these types of rentals, but that's approximately -- on this page this was done two days ago. Here is a Meridian one. There is 18 on this particular page. Again, VRBO. So, what I did is I also asked to go look at what some of these look like and they vary greatly and if you have ever used this type of service -- best example I can tell you -- Airbnb can be something as minor as renting an air mattress in somebody's garage to actually renting an entire house. So, it varies tremendously out there, depending on where you go. These are some that are in Settlers Bridge. These are actually -- they are either adjacent to one another or very near to one another in Settlers Bridge and they are used -- I guess really extensively for vacation rent by owners. Again, for those that may have never used this service, there is a whole lot of -- there is a whole method to doing this and locating these and you have to register. Some of them have reviews. You can look at the reviews of the location. They can actually review you as a -- as a user, so they can decide whether they want to rent to you. Most of them have deposits and cleaning requirements and things. It's just a different experience than going to a hotel and, again, they are certainly more common in resort communities. We see them a lot in McCall, Sun Valley, Park City, places like that. But definitely there is, obviously, a need in Meridian as well that they exist. So, enforcement tools. Currently under the Idaho Code and the Meridian City Code that we -- there is a definition of hotels that is very broad. All rentals less than 31 days in duration are considered a hotel. So, that is a fairly encompassing definition and we currently, as a city, don't regulate rental properties. We don't regulate them whether they are three days or 365 days. We don't regulate those. We don't have a means to Meridian City Council November 9, 2016 Page 33 of 61 see agreements, we don't have any method to do that currently. So, we could, in one method that we looked at, is you could create a licensing mechanism. A person would register. They have to get a license. You would have -- we would issue that through the clerk's office and that's one scheme that exists out there in the world that they have done to try to curb the numbers of these types of rentals out there. You can create a CUP process, so you can have a different method for your zoning laws and requiring that you have some type of conditional use permit to allow this type of activity to occur in the neighborhood . Again, with those you're allowing it to occur, you're just putting conditions around how that is done. The other one is classified as home occupancy business . The concern we had from a group standpoint is if you start to define short-term rentals as businesses and home occupancy businesses, there is other restrictions; right? You have to reside in the home and only can be a percentage of that and also , again, there really isn't -- other than the turnover, there really isn't much difference between a short-term rental and a long-term rental from a legal standpoint from looking at it. There is not a significant difference from trying to carve out a definition that separates that in the legal world and, obviously, there are places that have prohibited the use and, to be honest, the area of law is very new and I don't think we have a clear -- a clear picture today on how that -- how successful that type of prohibition may succeed through the court system. And, again, I don't know what the issues are. We have done some research. We have looked at some cities and some areas that have addressed this type of concern, but, again, it's pretty new. So, pros and cons. If you read Mrs. Redd's very well written memo -- I mean she raises concerns -- and these are three of them. It's not all of them, but they are certainly concerns on how it -- how the -- some of the change in the character of the neighborhoods can be by these types of activities and that you don't have long-term -- either renters or owners living in the properties, but you have a lot of turnover and there is always concerns with turnover, that you're going to have either degradation of the property or the property is not going to be maintained when you have different people there constantly, it does change the character of the existing neighborhood and that's a concern to folks and I understand that and I don't know that we as a city are experiencing that particularly today, but I think what Mrs. Redd is telling us is that that's the direction we seem to be heading if we don't get a handle on this type of activity now versus waiting until it becomes the problem or becomes an issue and, again, that's the last bullet. There are some other things that are raised in here that, absolutely, if she wants to speak she can raise the things about hotels and hotel taxes, things -- we don't have a hotel tax in Meridian , so it isn't impacting that particular area. It is in other cities and that has been sometimes the impetus to create some sort of ordinance method for regulation because of the impact it has on the hotel industry. Again, we don't have that particular issue here in Meridian today. The cons -- again, the problem is somewhat undefined for us at the moment. We aren't hearing a real outcry from neighborhoods of concern. We actually have people who have expressed very strongly that they want to use their properties for this purpose and recently -- I mean in Rexburg, there was an issue raised -- we haven't had a chance to talk directly to the city Meridian City Council November 9, 2016 Page 34 of 61 attorney, but we found some of the information on the internet and they addressed this same type of thing and did in a town hall setting and had a fairly equal amount of people that were for and against, because, again, Rexburg has both the student population and a lot of people that visit that community for that student population that's there and so this is some -- some method that they use that deals with that transient type of traveler. Resources. This is always the -- kind of the -- the big guerrilla in the room we also have to address. Resources and personnel. When we create regulation, whether it's through code enforcement, whether it's through the clerk's office, whether it's the planning department, it takes additional resources from what we have and -- and that's a concern always and I know it's a concern for all of you. None of this is simple, because it just isn't. Whether we create new ordinances and we, then, have to track. Whether we create new regulatory methods through code enforcement, it puts more burden on the code enforcement division to do that , to track that. If you're going to create a licensing mechanism it creates some burden on the clerk's office to do that. So, all of those have some real fiscal impacts to the city to be able to do this. Our recommendation is at the moment we need to monitor what's going on in our community. Again, when this first came to my attention it surprised me. It didn't seem like Meridian is a place th at people are traveling to to rent people's homes, but we are in the center of the Treasure Valley, there is a lot of activities that occur and, frankly, I have used these in our communities and in general they can be cheaper than a regular hotel, depending on when it is, where it is, those kinds of things. I use Moscow as an example. If you go to Moscow on an activity weekend, whether it's a U of I game or a WSU game, you can't find a hotel for less than 200 dollars. You can find a vacation rent by owner for less than that. So, I understand it exists out there and why it exists. But to date we don't have a lot of data to provide you to say here is the problem that we are getting feedback from. Police haven't received much. Planning doesn't receive much. The clerk's and Mayor's office -- we haven't received a lot of feedback that this is a problem we have to address today. Again, monitor national trends. Most of that is in the legal world. Some of these companies that do this can be very aggressive pro and con and if you want to prohibit it they are pretty aggressive against that. If you want to prohibit it and work with them to fashion it so it fits their business model and maybe not somebody else's business model, they are very proactive in that regard. So, it really is something that's very, very new in the legal world to address . Obviously, we need documentation as they arise and, again, we haven't received a lot of data -- information on this problem and so we would like to at least start making sure we are tracking those things, so we have some way to have a better dialogue with either the neighbors and the community, as well as with all of you. We need to check in with our HOAs, because that's really -- excuse me -- part of the concern are things that are HOA driven, not city driven. You know, the degradation of the property or the maintenance of the property -- many of those things are not things that we as a city track, but if they are out there and they exist and I know the HOAs sometimes are frustrated because they are the only tool in which to enforce those things -- again, the city doesn't actually get into the business of enforcing Meridian City Council November 9, 2016 Page 35 of 61 that, but that's probably a better data information that you all have if this is really a significant issue of concern and we have some outreach through Ken Corder and some others in being able to at least gather some of that information for you. Then we would like to get a group together, we get some data, and, then, come back to you again and see whether or not this is the right time in which to address this concern through some sort of ordinance or some other method that might exist and, again, we don't have to invent the wheel in this, there is lots of people out there doing this. Some have been doing it a long time and don't have quite the same level of concerns or have addressed it and kind of moved on, but others are still dealing with the newness of it and we want to see what's -- what's existing out there before we simply jump in to create a mechanism that will, then, incur some increased resource needs for the city. That's all I have, unless you have questions, and I'm sure the folks that came today would probably like to address you if you want to do that. De Weerd: Council, any questions for Bill? Yes, ma'am. Please come forward. Redd: My name is Louise Redd -- De Weerd: If you will state your name and address. Redd: Louise O'Neil Redd. R-e-d-d. 2343 Sidewinder Drive, Meridian, Idaho. 83646. Settlers Bridge. De Weerd: Thank you. Redd: Thank you. Thank you. Council Members, thank you. Today I Googled -- there is 148 vacation -- when I Googled there is 148 vacation rentals by owner today. On October the 28th of 2016 I had Googled and there was 100 -- wrong glasses. Sorry. It's rough when you get old. Can't -- there was 121. So, from October 28th to today's date from 121 advertised there is 148. May I give these to the clerk? It's Boise-Meridian area. De Weerd: Those are not all in Meridian. Redd: Okay. Now, real quick, because I know your time is valuable. These are single-family homes that have been zoned for single family only. We are talking about zoning laws. We are talking about that these homes act exactly like a hotel-motel extended stay. For example, fully furnished, all appliances, all amenities, linens, all your cooking, big screen TVs, DVD player -- DVD players -- okay. Sorry. DVD players. W asher and dryer. Free WiFi. Some were Settlers Bridge which has access to the swimming pool, which we have rules, but because these people come and go, they don't sign the rules. That's liability issues. Now, you have to make a reservation, as the attorney said. Now, a long- term rental you have to fill out a lease. You're there, your neighbors know you. For example, you save all your life, you buy a home in a single family residential. Meridian City Council November 9, 2016 Page 36 of 61 You want to know your neighbors, you want your kids to play outside with the kids next door. People go on vacation you watch their house, et cetera, et cetera. In short-term rental these are advertised as three nights minimum. Three nights minimum. In 30 days you could have ten different groups of people coming and going. One of our neighbors Kelly Baker has a vacation rental on both sides of her house and there is one more down the street. These are owned by a real estate agent, the same agent owns eight of these vacation rentals in the city of Meridian and one up in Eagle. That is a business. Now, for example, one weekend there was four men next door to Kelly. She's a single parent with a young daughter. And one of the guys when she went outside kind of stared at her. Well, that's not a big deal, because there is nothing wrong with four men renting a house. But when four men are there for the weekend you don't know if they are sex offenders, you have no idea who they are. If they sign a lease agreement you get to know your neighbors next door and that's what the ideal of a single-family zone is. And these zoning laws are already on the books that prevents this. You have got some -- Statute 67-47 -- 67-4911, hotel-motel, means of establishment, which provides lodging to members of the public for a few and shall include condominiums, townhouses, or any other establishment is defined. Also 67-4900, are definitions. Sale. Sales means the renting of a place to sleep to an individual by a hotel, motel, campgrounds for a period of less than one continuous day. And, then, something like the Ronald McDonald house. That doesn't count. Then it says -- Statute 67, Chapter 48, -- or 67-4917(b) as in boy, hotel-motel room sales tax. No tax shall be imposed when residence is maintained continuously under the terms of the lease or similar arrangements for a period in excessive of 30 days. Most of these are rented under 30 days. Also if you compare them to a hotel-motel, extended stay, they have all the amenities. You get a motel you have all your appliances for like extended stay. You have your linens, towels, everything is provided for you. Short-term rentals, vacation rentals by owners, same thing. If you line them up -- which I have a spreadsheet, you will see that they are exactly like a hotel. They don't have to meet the fire department regulations, because the fire department on hotels has to have sprinkler systems in the rooms; correct? The fire department? That is correct? Thank you. These homes are rented out to people that sometimes are there for a week, sometimes they will be there three days. There is no bed tax that you're paying, but if I go down to -- what's the motel in -- I can't think of it right now. On Eagle -- off of Eagle on the right side? De Weerd: Residence Inn. Redd: Isn't there a bed tax on that? Transfer tax when you pay for it? Nary: Madam Mayor. Not unless it's on the east side of Eagle Road. That falls in the Boise Auditorium District. On the west side of Eagle Road there is not. Redd: Okay. Now, there is going to be a new hotel, My Place, which has 85 rooms. That is going to be in Meridian. Meridian City Council November 9, 2016 Page 37 of 61 De Weerd: It's in Meridian. Redd: So, they have to pay a bed tax or do they not pay a bed tax? De Weerd: We don't have a bed tax. Redd: Okay. Transitory tax or transfer occupancy tax? De Weerd: It's not -- certainly -- I have no idea. Nary: We don't have that. Redd: Okay. De Weerd: Don't have that. Redd: So, short-term rentals have been -- many cities have recognized that short-term rentals, VRBOBs, are businesses and they are acting like hotels and motels and by renting out a three night minimum stay, fully furnished, transit occupancy, they provide the same amenities as extended stay and other establishments that renter to transfer -- transit occupancy. Those cities, Los Angeles, Wyoming -- I had a whole list of them. They have all used the zoning code which prevents businesses acting and running the same as a hotel and motel. You have to make reservations for getting these VRBOBs. So, the thing -- I bought into a single family residence. I want to know my neighbors. Our next door neighbors went on vacation for two weeks. They gave me the keys to their house. Go inside, flush the toilets, check on everything. And the characteristics of a single family -- I don't want to live next door to a hotel where every three days in 30 days there can be ten different sets of people in and out. It's nothing but a money thing. For real estate -- especially House Bill 511, no longer allows your HOAs to do anything about it, so they can't do anything about limiting the time factor, which they say that you buy a piece of property, you have a right to do with that property what you want. I totally agree with that. But you are violating the zoning codes and that is these are -- and other cities have said yes. Cities like Los Angeles. Now, in Meridian -- actually in Meridian you only have -- last time I Googled nine vacation rentals to keep track of. That's only nine in Meridian. But the total in the Meridian-Boise area is 148 today. It's climbing. So, we are degrading in the lifestyle, the values of single-family zoning, and that's why you have zoning laws is to create an area for motels, an area for commercial, an area for single families and these are nothing but businesses of greedy people. When you have one real estate agent that owns nine of them and to me that is not fair to the single family people that buy a home and want to get to know your neighbors again and they have -- living on both sides of you. What are the chance of having two vacation rentals next door? Think about it in your mind. Would you let your kids go outside when next door you don't know Meridian City Council November 9, 2016 Page 38 of 61 who is there. Would you want that next door? Would you want to live where you have vacation rentals next door or across the street? Your kids out in front -- I know you should watch your kids anyway. I mean today you have to watch your kids. But think about it, how would you feel with this next to your home when there are zoning laws that you can use, that are on the books, you just have to get the -- you just have to get the official to enforce and right now there is really -- I think -- like I said, eight or nine in Meridian, so that's not that big of a deal for me. I mean to me resources -- because they are on the website, you can Google them, you can send them a letter. There has got to be a way to do this. Other cities have stopped it. So, I think that's enough of your time. I think I have kind of covered everything. But, basically, the HOAs -- Rule 511 just stops the HOA from limiting. But if it's against the zoning law, the zoning code, that doesn't matter. All Bill H-511 kind of did was saying that the HOA cannot say that you can't rent your house out and I agree you should be able to rent your house out as you wish, as long as you're not breaking the law or a zoning code and that's what I'm going after is they violated my rights to live in a single-family neighborhood and now have to live next to a hotel-motel where in 30 days ten separate groups of people. And they charge 185 dollars a night or for a month it's 2,600 dollars a month is what they are making on these rentals. That is also taking single family homes off the market where these could be offered and rented out to people. When you have these vacation rentals, 148 of them, that are now rented for vacation rentals, you don't have single family rentals for people and that makes the other available homes go up in value, in price for rentals, so -- De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Yes. Cavener: Question for Bill. Bill, are these properties in Meridian, are they currently in violation of city code? Nary: No. Cavener: Okay. Redd: Okay. Cavener: Madam Mayor, then, maybe another question. Nary: Council Member Cavener, I can add to that. So, the concern that's been raised is the character of the homes. All of the limited information we have on the numbers of homes -- all of the same requirements exist for these . They are single-family residences. They are maintained like a single family residence. Meridian City Council November 9, 2016 Page 39 of 61 There is no signage. There is no storefront. There is -- there is nothing that makes that house look like a business any different than a long-term rental. And if I could add, Mrs. Redd read off of House Bill 511. The legislature this year enacted a new law based on a court case that originated in the city of Boise where a gentleman owned a condominium and he rented it out as a vacation rent by owner. The HOA changed their regulations that prohibited that activity. It went to the Idaho Supreme Court. The Idaho Supreme Court upheld the HOA's right to do that. The legislature, then, changed the law and preempted the ability to do that and backdated it a year and a half to predate that case. So, from the legislator's standpoint -- to me they have made at least some indication that they don't have an issue with this type of activity. Now, again, that's one case and one circumstance and you can establish it only prohibits you from amending existing HOA laws, unless everybody unanimously agrees to it. If you establish a brand new HOA you could put that in a new one. It doesn't prohibit that. It j ust prohibits ones that are already existing. So, I just wanted to clarify that, since Mrs. Redd brought it up and I didn't know if you knew what that particular reference was. Redd: When you say that -- what they are saying -- I understand this is one of the common threads, as they say, is if there is a single family home and it's not operating that as a business and I -- first of all, what is your -- Idaho 67-49 -- definition of a hotel-motel. Read the definition. What does a sale mean? They are the definition of a hotel/motel. Long-term lease will not charge a fee. They lease it out. If you look at the sales to sleep for less than 31 days. That is the definition of a sale. That is the definition of a hotel-motel. And, yes, they get around this by saying this is a single-family home. It's not a business. When you have one real estate agent having eight of them and three in one subdivision -- she had over two in our subdivision. That's a business and they are not the primary owner. They don't live in it. And, then, yes, Senator Jim Rice of Caldwell spoke out in favor of the bill, which was backed by the Idaho Association of Realtors. That was 511. That was your -- Senator Jim Rice of Caldwell -- De Weerd: Ma'am -- Redd: Yeah. De Weerd: -- we got the point. If you have a follow-up question? Cavener: Mrs. Redd? Redd: Yes, sir. Cavener: The recommendation that was brought forth by the city attorney is to continue to look at this issue and come back with a further discussion in six months. I don't know if that's a satisfactory response for you in light of you just bringing this issue to our attention. Okay. Great. Meridian City Council November 9, 2016 Page 40 of 61 Redd: The thing is is nobody knew about this. Nobody knows how many of these are in your neighborhood, because they don't have -- De Weerd: I have four in mine. I have for VRBOs in my neighborhood. Redd: Yeah. And, like I said, when they say you can call -- if they are making noise call the cops. Well, if they are there on the weekend, you call the police officers, usually they are gone -- or they quiet them down, but the next weekend you got somebody else living there or the next week somebody else is in there , so, then, you call the cops again, but -- De Weerd: Well, I guess I would ask -- have we had complaints? De St. Germain: Not that I'm aware of, Mayor. De Weerd: Mr. Nary, in your conversations with our various departments have you had issues that -- I did go and count the number. There are nine in our city limits. Have there been complaints? Nary: There have not, ma'am. None of the departments that we have met -- and we talked about all the various issues. Fire code. Again, these are single family homes. They are built as single family homes. They aren't required to h ave that -- the reason many of the motels and hotels besides the commercial property -- it's also in multi-unit facilities. So, that's a little different. So, the building department was not concerned about this from a building code standpoint . The planning and the clerk's office had not received complaints of this type of activity or the impact on the neighborhoods because of that . Some areas don't have any HOAs and you may be familiar with just up here on Meridian Road on the west side of the road, there is some homes on the corner that have been refurbished. One is brown and two are white or one is white and two are brown, I can't remember, but those are vacation rent by owners as well. To be honest, they look better than they used to, but that's just them and they don't have any choice, so there is not really an issue there from a neighborhood concern. It's a little bit different character with that neighborhood. But we haven't received complaints through my office. Mrs. Redd's memo and our conversation we had -- and I talked with another gentleman at the coffee with the Mayor that didn't have a concern, but had kind of the same notice concerns that Mrs. Redd had and he didn't have a concern today, but he wanted the city to be aware this was out there and that it could develop into a problem. And, again, we don't disagree, we just don't see it today. De Weerd: And I think since I talked to Mrs. Redd we -- we have used Airbnb. I have to confess that I'm one of the people you're concerned about and I did talk to the -- they live in the home that we rented a room out of and they have been doing it for four years and I did talk to their neighbors as well and there haven't Meridian City Council November 9, 2016 Page 41 of 61 been -- in that particular case -- and I'm not saying it's going to be the same everywhere, but there hadn't been concern with the use of the bedroom that -- that they rented out and so I do think it's important to -- to look at it, to monitor it. It's a new conversation across the nation. Kind of like Uber was when it first came up. It was a new conversation. Cities were trying to see what kind of scale there would be concerns. We probably get more complaints and concerns from renters in neighborhoods than we do -- so far in this and I know we only have nine homes that are listed, but it is something that I think there is reason to -- to look at, but right now we don't have a demonstrated problem, but it is important to pay attention. Redd: Well, like you said, problems. They may not occur -- the problem is they are in the wrong zone. The problem is they are acting as a hotel. All the amenities. If it walks like a duck, quacks like a duck, it's a duck and they do everything a hotel does. If they act like that in a single -- it's against the zoning code. De Weerd: At this point I'm going to listen to my attorney and at this point they are saying that it doesn't violate our zoning code. They still are residential. That they sleep in the bed. They live in the home. And it -- at this point we don't see a violation of zoning code. That's what I heard our attorney say. Redd: Even though the transit occupancy -- which is the same thing as a hotel and even though that it defines what a hotel-motel is, it's -- it's exactly what the single family home is now. It's a hotel. And even though a sale -- it matches everything that your state statute, less than 31 days, 67, Chapter 47 -- De Weerd: You know, Mrs. Redd, I appreciate -- you have done your homework. You have given us the information. You said you would come back -- collect and bring back in front of this -- this City Council. I greatly appreciate that. We need to work together as a community to see if there is an issue and we need to be able to respond. At this point, because of the newness and because other cities around the nation are trying to say this is something that there should be interference by the local governments in. This is a state issue. Is it an issue at all. And those conversations are being had across the nation and there are some really extreme laws out there that this city is not going to contemplate. Redd: Oh, I agree with you. Extreme laws. All I'm saying is you have a zoning code. You have definitions. And it all matches up. If it quacks like a duck and walks like a duck, it's a duck. And everything that you have. And as far as monitoring it, there is no real way to monitor. Half the people don't know in our subdivision of 250 homes -- they don't all know about that. Palmer: Madam Mayor? Redd: And -- beg your pardon? Meridian City Council November 9, 2016 Page 42 of 61 De Weerd: Mr. Palmer. Palmer: Madam Mayor. And to that point, I think that's an important key indicator that they don't know. They haven't noticed. They are not having problems there. I think a major difference between a hotel and what these are is you can walk up to a hotel at 2:00 in the morning, having stumbled there from a bar and get a room. You can't get that at an Airbnb or VRBO. You have got to reserve it ahead of time and -- because the owner has got to prepare for you and be planned ahead for that. So, they are vastly different in that aspect. You had mentioned Uber. Being the liaison to legal I had spoken with Mr. Nary about this coming up several weeks ago and I have recently been driving Uber and I have picked up and I have dropped off a few people that have been staying at these homes around the valley and one thing that I have noticed -- a couple of them -- the reason they have been staying at them is because they are people who are looking at jobs here that are contemplating moving here, so they have picked VRBOs or Airbnbs to check out the neighborhoods. Instead of just coming and staying in a hotel to check out the job and the city, they are coming to check out the neighborhood to know -- to spend three days or a week in the neighborhood that they could be looking at to purchase a home in to be able to experience exactly what it is, to be able to talk to some neighbors to see what their future situation might be like, instead of just staying in a hotel and driving through neighborhoods. Redd: Well, that's not what I -- when you read the reviews on the different ones -- especially in our subdivision, they just came up here for a wedding or they came up whatever. It's much nicer staying here than a hotel. Now, you're taking revenue away from your hotels. You have 148 vacation rentals are going to take away rooms from these hotels that you have here in Meridian and in Boise. Palmer: Madam Mayor? De Weerd: Yes. Palmer: In follow up to that point, we live in a country where we have a free market, where -- you look at Uber and it's competing with the taxi industry heavily. They hate it. But, again, the free market dictates what businesses are going to survive and which ones are going to go away and if -- if these situations grow to the point where they are not causing problems and that they are hurting the hotel industry, so be it. That's the beauty of living -- if they do cause problems and it -- like it was mentioned that we need to monitor, we can monitor it, because as we -- we know the addresses, they are -- we can pop them up in a second and we can compare them to two different kind of situations that are happening, but so far it doesn't look like it's happening, because we don't have enough. Meridian City Council November 9, 2016 Page 43 of 61 Redd: No. You're absolutely right. It's hard to do that. But my opinion was -- or my point was they are a hotel and if they are a hotel they don't belong and they fit every criteria and what -- there is three in one block. What if there are 25 on one block? Kelly has one on both sides. They were there -- had a group of people making noise later at night. The other side -- she's in the middle. Single female with a ten year old daughter. Milam: Madam Mayor? Redd: Anyway, I will let you -- De Weerd: Mrs. Milam. Milam: I definitely sympathize with your friend. I mean to me that's a rare situation and it's -- I would be -- I would hate that situation. I wish I had a good answer for you. And I know this isn't going to answer it -- it may ease your mind a little bit. I yesterday was actually having a discussion with a person who owns an Airbnb and one difference between what they do and what a hotel does is -- if you walk in a hotel you give them your driver's license, you give them a credit card and you stay. She was telling me that she probably only rents to about one out of ten, because they do screen them a lot more than what happens in a hotel. She said for about every ten people that want to stay at Airbnb she only rents it to one. Redd: I -- yeah. I agree that Airbnb -- because they are renting out a room and the primary owner is in the house. I'm talking about vacation rentals where you buy a bunch of houses -- I will go in a single-family neighborhood, I will buy houses, I will turn around -- it's a vacation rental. So, the people that -- and, again, I'm repeating myself. But the people that bought -- want to live in a single- family zone, to get to know your neighbors, you're destroying that by allowing vacation VRBOBs to be in your single-family zoning, operating as a business, as a hotel, you're destroying the characteristic of a single-family neighborhood. That's it. De Weerd: Thank you. Redd: So, I want to thank you for your time in listening to my repeating, but that's how I feel strongly that you do have it on the books, you just have to use it if you want to use it. Thank you. De Weerd: Thank you. Yes, sir. We are -- we will treat this like testimony and there is a three-minute time frame -- Spiwak: Sure. Meridian City Council November 9, 2016 Page 44 of 61 De Weerd: -- because we do have an agenda ahead of us as well. So, thank you for joining us. If you will -- Spiwak: Yes. I'm Dr. Randy Spiwak. I live at 1458 East Loyalty Street in Meridian in Heritage Commons Subdivision. Two hundred and ninety homes. Residential. There are 2,944 registered HOAs with the Secretary of State in the state of Idaho and that represents about 330,000 registered voters out of our six or seven hundred and sixty thousand. So, a little less than half of the voters in this state live in a homeowner's association neighborhood . Did it by choice so they would have some protections from -- from things and also to help keep the value of their property up. The legislature took it upon themselves -- not the city, but the legislature with the recent -- last two sessions to take away the rights these homeowners have to control their own neighborhoods by not allowing the HOA -- the covenants and restrictions of the CC&Rs to say that homes in a residential neighborhood -- in our neighborhood need to be -- if they are rented, which is fine, need to be three months, six months, a year period of time. Those laws that existed in our own rules were superseded back in -- nothing was grandfathered in. Took away all that regulation that people had put upon themselves is gone. So, the only thing that we can look for now is to go to our cities and say uphold zoning regulations. That's why people live in Meridian and if you think it -- that it's only one out of every two voters who lives in an HOA, Meridian is a residential bedroom community. You have a higher percentage of people who live in HOAs in this city than any city in this state. De Weerd: I guess -- then why did they re-elect every single one of them? Spiwak: Because they weren't from our county. They weren't from our voting district. People who voted on that. De Weerd: Our legislators did support it. Spiwak: They didn't listen to homeowners, they listened to a couple of their buddies who had a -- either a place up in -- one was in Donnelly, one was in Boise. They rented it out, because they were just -- the sign out in front of one of them said party tonight. Party tonight. This is right next to a person's home and that's what you don't want to have. There is a place for that, but it's not in a residential neighborhood sitting in Meridian. But I'm hoping that you will, because we have -- we have organized a group that is going to be putting all 2,944 HOAs -- inviting them to work together to support each other and to let the legislators know that half of the votes in this state will be controlled potentially by people who live in homeowners associations . You just don't want to look at that lightly. But I appreciate it. De Weerd: I appreciate you being proactive in finding a solution, because it is bringing voices together that are going to make a difference. So, thank you. Any other comments? Well, thank you. We appreciate you joining us. For sitting Meridian City Council November 9, 2016 Page 45 of 61 there listening attentively to our public safety departments. I hope you felt the same pride we did on their -- they are protecting your neighborhoods as well. Thank you. Okay. If there nothing further from Council, any further questions at this point? Okay. Thank you. Yes, ma'am. Yes. I will not deny a citizen the opportunity to -- to weigh in. McKnight: Thank you, Mayor. De Weerd: If you will, please, state your name and address for the record. McKnight: Debra McKnight. 3578 East Congressional Drive in The Crossroads Subdivision. I am a board member of our HOA. And we have 77 rentals in our home -- in our HOA and currently I'm not aware of any VRBOs, but we are concerned as an HBO -- as an HOA about the potential problem that this -- could arise. I would like to be notified of when the six month study period is up. I'm quite concerned that our legislators listened to a few individuals, the real estate lobbyists or whatever, to pass that law. That was very concerning for us in our HOA. I just would like to represent my HOA and say we don't want VRBOs in our neighborhood. Thank you. De Weerd: Thank you. And we have your name and address for the -- on the record, so we will reach out. So, thank you again for being here. B. Community Development: Overland and Eagle Land Use Planning Area De Weerd: Okay. Brian, I will now turn this over to you as Items 6-B. McClure: Thank you, Madam Mayor, Members of the Council. I'm here to discuss the Overland-Eagle future land use planning area. This is an update and opportunity for Council to provide direction on an upcoming project in the Overland and Eagle Road vicinity. The focus of this effort is on Jewell and Rolling Hills Subdivisions. These are in the county. There are 68 properties on approximately 100 acres. This is -- this area is primarily in the low density residential future land use designation area. Access to this area is by Overland Road only. Some properties are already proposed for redevelopment. The intent of this project is to evaluate the potential for an area-wide future land use map change. You can see the project here in the dash red. The planning area is bound by the Ridenbaugh, I-84, the Elk's property, and some other commercial land. For some history. There are some previous Council approved developments that have already impacted this area. Zamzow's was the first. This is a commercial zoned property in a residential land use. Tribal Fire was the second. This is a commercial land use and a change to the zoning. Silverstone Apartments is the most recent. This land use change will permit 300-plus new dwelling units in the area. This is a snapshot of the future land uses for this area of Meridian. The project area is in green. Low density residential and is Meridian City Council November 9, 2016 Page 46 of 61 surrounded primarily by mixed-use regional. The question kind of is low density residential really what the city envisioned in this area. Something worth pointing out is the county subdivision on Loder. That's to the west of Eagle Road. This county subdivision is in the mixed-use regional future land use designation. It's contemplated that at some point in the future -- potentially the far future, this may redevelop. It's a lot easier to plan for road conductivity and cross-access in advance when you know to expect it. Piecemeal redevelopment of residential areas is more likely to create conflicts, enclaves, and other land use issues. Here is the zoning for this area. You can see Zamzow's and Tribal Fire have already been annexed and zoned with the city. So, there is some background. Next steps are to engage with property owners to make sure they understand some of context and the impacts here, to find out what they want, and, then, to take that, essentially, and draft some land use alternatives. Follow up with City Council. Update them. We will either then propose a formal change to the future land use map in this area or follow up with City Council and let them know differently. Lastly I would just note that there is no plan for a consultant to help on -- at this point. We don't envision needing any help, but I wanted to throw that out there as a possibility. I'd be happy to take any questions or, more importantly, directions if you have any at this point. De Weerd: Thank you, Brian. Council, any questions? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Brian, who is -- who is driving this request? Are we receiving inquiries from people wanting to redevelop? Is it just as a result of the C-G district? Is someone expanding that we are trying to be proactive? Just trying to find out where this is coming from. McClure: Madam Mayor and Councilman, the -- it's a staff driven exercise. There have been a number of changes in the area and it was just kind of the same sort of thing. Cavener: Okay. De Weerd: I guess when you start seeing parcel by parcel coming in for a plan change, you want to take a look at the larger surrounding area and see what best fits and what the property owners feel. Hood: Madam Mayor, if I can just -- De Weerd: Caleb. Meridian City Council November 9, 2016 Page 47 of 61 Hood: -- expand on that a little bit. We -- and I think Brian did a good job of just kind of -- our initial meeting -- we just want to see if there is any want of the property owners in this area for that change. If they are happy with the lower density land uses currently there and the way they are using, you know, their -- their property today and into the future, that's fine. We just question it -- like there seems to be a higher and better use here. You see what's going on. Is there a majority of you that do see this transition into something more urban. We are not trying to sell anything to anybody necessarily. We want to ask the question. Say, listen, if there, in fact, is this undertone of redevelopment out here, we are willing to facilitate that, because we think there is some potential for redevelopment as you already can start to kind of see with the Zamzow's and the Tribal Fire and we'd rather do that as a master plan and kind of initiate that it being onesie, twosie and -- and at least there is some organization to the redevelopment. But, again, we are not -- we just question. It's been low density residential since I have been here and I imagine it's because that's what it is, not because of what it could be. De Weerd: And that is -- they will be grandfathered, it just changes as the use changes. So, you're going to have that conversation -- Hood: Yeah. We will explain that, Madam Mayor. If I can just follow up. Yeah. There wouldn't -- what we would propose would be to do the future land use map change. Any development would be on each individual or conglomeration of property owners if they want to get together and develop something. But we would say is the community's vision for this area low-density. What is the community's -- i.e. these two subdivisions -- is your redevelopment plan -- it doesn't kick anybody out now saying, yeah, but you can't live here anymore once we make this change, it's if you want to transition to something else, this allows you to transition to higher intensity. Cavener: Madam Mayor, follow up if I may. De Weerd: Mr. Cavener. Cavener: Caleb or Brian, how many homes are over there now and do you have a target of how many that you would meet with before you would come back with any type of decision a recommendation? McClure: Madam Mayor and Councilman, there are 68 parcels out there right now. I think there is probably three that are Zamzow's, so that's out. I think most of the rest of them are homes. So, maybe 64, 65 homes. That's the target. Hood: Yeah. Some of that we haven't set -- you know, it's not a hundred percent. It's not 50 percent. It's not 51 percent. I don't know. If you have a target, if we have this first meeting and it's, you know, 67 percent, is that Meridian City Council November 9, 2016 Page 48 of 61 enough? I don't know. We are just going to kind of play it by ear and plan on reporting back, as Brian said, after that first one. Here is what we -- this -- you know, there is 65 people that we invited, seven showed up, three of them thought this was kind of interesting and three of them said leave me alone or whatever. We will tell you and say, hey, do we take the next step? Does that seem like enough. Again, we are not really trying to sell anything. We just want to touch base with these people and try to sort of be proactive, even though we are kind of reacting to what already is going on out there. De Weerd: Kind of like Montvue Subdivision, which is now Portico. Hood: Yeah. De Weerd: That was a subdivision that once there was a land designation on a comprehensive plan, it gave an investor an opportunity to go in and work with every single one of those homeowners and did it diligently until ever y one of those homeowners were convinced to be part of that larger project. So, it's -- I think it has several different opportunities, but if the landowners are not interested -- Cavener: Well -- and, Madam Mayor, I appreciate Caleb's point that he's reiterating that we are not going out there to sell them on anything, it's just an opportunity to check and -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Several months ago my wife and I, we were looking at -- I'm pretty sure it was on Topaz -- a piece of property on Topaz to survive and knowing that the potential there is huge and we talked -- De Weerd: By then? Palmer: Yeah. It was not in the best of shape. As -- I mean it's been there forever -- yeah. And there is a lot in that same situation where -- and when we talked to the neighbor across the street, because he was out in his yard when we were looking at the house and he said that he is doing the same thing, hanging around, because he sees that there is -- it's all growing towards him and so I think you will find a lot of -- I mean I imagine you would just by my intent there and talking to one neighbor that you will find a lot of interest probably in that. I would say move forward at least having the discussion. De Weerd: Okay. It looks like there is agreement to go and have the conversations. Meridian City Council November 9, 2016 Page 49 of 61 McClure: Thank you. De Weerd: Thank you, Brian. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The reason we obviously couldn't was it wasn't eligible for annexation and we wouldn't have been able to hold to that and be in another house, so -- missed opportunity, but good opportunity for the future there. C. Legal Department: Transfer of Real Property at Main and Fairview from ACHD to City of Meridian De Weerd: Okay. Item 6-C is under our Legal Department. Hello. Kane: Thank you. Madam Mayor, Members of Council, I'm Emily Kane. I'm a deputy city attorney in the Legal Department and I am going to give you an update on the transfer of the real property parcel at Main Street and Fairview Avenue. This is known as Parcel 162 on the southeast corner of -- it's on the southeast corner of Main and Fairview. It's that -- this building here is Wells Fargo and it's that little triangle shaped peace just right there on the corner. So, back in 2012 we entered into an agreement with MDC and ACHD for the Meridian Split Corridor Phase 2. In Section 5 of that agreement the city agreed to maintain the landscaping at that parcel, so that it's a nice -- it's a nice entryway into our downtown and, then, section -- under Section 6 ACHD agreed to consider vacating that parcel as right of way and conveying it to the city following completion of the split corridor project. They also agreed to waive consideration pursuant to a 2010 fee waiver agreement. They valued this parcel at about 86,000 dollars. So, it's not really a gift, but that's the value of our -- of our new asset. So, just a quick overview of the vacation and transfer process that we followed to get here -- or that ACHD, really, has followed to get here. There is two steps in the vacation and transfer process. The first is vacation and, then, the second is transfer, of course. The first step, vacation, is governed by Idaho Code Section 40-203 and just quickly there is a number of steps that ACHD has the right of way authority needs to follow. First they pass a resolution where they state their intent to abandon and vacate the parcel, whether that's in the best interest of the public. They hold a public meeting. It's publicly noticed, of course, by posting -- posting on the property, as well as the regular public notice. They, then, have a -- oh. And I will say that public meeting was actually held here in July at Meridian City Hall. We had one person that attend and it was the manager of Wells Fargo. She just wanted to know what was going on and she learned about it and was happy to hear. Said it was nothing. So, she didn't really have anything else to say and she was the only person who had commented. So, the -- then ACHD held a public hearing. Notice was given to Meridian City Council November 9, 2016 Page 50 of 61 the abutting landowners by mail and we were also on the mailing list. The copy list is really long, almost a page, so everybody knew about it. The notice of the hearing was published three times in the Idaho Statesman and after -- after that ACHD entered a written decision to abandon and vacate the parcel and passed a resolution according to the statute. The transfer process is in Idaho Code Section 67-2323. It involves a written agreement -- first, that agreement is drafted and I worked with ACHD's legal department to do that. They held a public hearing on the draft agreement after publishing notice of that hearing twice. ACHD executed the transfer agreement last week on November 2nd and this step is where we are now. The city executes -- is to execute the transfer agreement tonight and, then, the conveyance -- or the property will be ours. The conveyance happens by quitclaim deed, which would be recorded after it's all over. And the last step would be that we -- we own that little property -- that little parcel. So, that is the update. That's everything that's happened so far. And the next item on your agenda is the transfer agreement itself and I would recommend that you sign that as it was presented. De Weerd: Thank you, Emily. Council, any questions? D. Interagency Agreement for Real Property Transfer - Agreement for Transfer of Real Property on Southwest Corner of Main Street & Fairview Avenue from ACHD to City of Meridian Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the execution of the agreement as presented. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just per tradition, whenever this property is mentioned, Councilman Cavener and I just want to point out that we are determined that before we die there will be a flagpole on this property again. That's one discussion I have. De Weerd: Well, we wish you a long life. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council November 9, 2016 Page 51 of 61 De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Kane: Thank you. F. Clerk’s Office: Updates to the Animal Control Code and Dog License Vendor Agreement De Weerd: Okay. Item 6-F is under our Clerk's Department and I will turn this over to Mr. Clerk. Coles: Madam Mayor, Members of the Council, I will try to be brief. I know you have a little bit more ahead of you tonight. I should have hit the three minute button on the timer before I got up here, but -- Bird: You can have a half hour. Coles: Thank you. I come before you this evening to bring some updates -- proposed updates that we would like to make to the animal licensing -- animal control code and specifically administrative updates to the dog licensing portion of the animal control code. In addition, we have some proposed updates to our dog license vendor agreements that I would propose this evening. De Weerd: They have a cat fee? Coles: It's a redemption fee. Yes. So, what I -- what I handed out is two pages. The first page are the redemption fees that the Idaho Humane Society chargers when an owner of an animal goes and needs to pick up their animal that's been picked up. The second page are the licensing fees for us and the other municipalities in the area. So, you can see where we stack up in terms of our license fees. You can see where I think appropriate where we want to be. We did explore changing those fees, but when we saw that we were kind of right where we want to be and where we need to be, we decided to -- to leave those things alone. But how we got here this evening is a little bit of history, as I'm sure you're aware. The dog licenses used to be issued out of the Meridian Police Department. They were also doing animal control for many, many years. In September 2013 we contracted with the Idaho Humane Society to do animal control, but the police department continued to do dog licensing. A few months ago the clerk's office, in using the Accella software system, spoke with the police department about automating their -- the dog licenses and how they issue them. They had been using a paper form for years and years, which upset some dog owners when they would come to renew their dog license they would have to prove every year that their dog was spayed or neutered, even though that doesn't change once that happens or their rabies vaccinations was up to date and that is Meridian City Council November 9, 2016 Page 52 of 61 good for three years. So, they would have to show that every year. And the paper form -- there was really no efficient way to track if they turned that in the previous year or not. So, using Accella we can import that information the first time and, then, not have to look at it again. We can also track the three-year vaccination. So, that actually brought up the larger question when we talked, okay, the police can use Accella, but why is the police department continuing to issue dog licenses when a majority of licenses that are issued for the city are done out of City Hall and through the clerk's office and the Community Development building permits and CZCs and that sort of thing. So, we spoke again with the police department and said why not transition the licensing of dogs out of the police department and just do it in a central location at City Hall with the city clerk's office and the police department and they had the same reaction that you just had. Yes, they were very pleased with that. So, one of the code changes that's presented tonight is removing the police department out of -- out of the code in terms of where you can find or obtain your dog license and just having the city clerk's office be designated and our designated vendors that we contract with. Another one of the code changes we are presenting tonight is not having to prove a rabies vaccination to the city. We met -- myself, Emily Kane, Jaycee Holman, Matt Parsons with the police department as well, we met with the executive director of the Idaho Humane Society and he suggested to us that the license shouldn't be held up based on the failure to proof the rabies vaccination. So, it's not really important that the city have that information, but that the Idaho Humane Society have it and they can verify that if a dog is -- is picked up. It doesn't change the requirement to have a rabies vaccination, still required by Idaho law, will still be required by our ordinance, just that they don't have to prove to the city when they get the license that they have a rabies vaccination. So, in order to make sure that we educate our customers when they obtain a license, they still need to get a rabies vaccination, we are going to hand out an informational flyer with your license stating you're still required to get a rabies vaccination. If you don't here is what's going to happen if the Idaho Humane Society picks up your dog. So, those two items are kind of the big ticket items in terms of code and administrative changes in the dog licensing code. Switching to the vendor agreements, before I became the city clerk, Jaycee Holman and Jacy Jones went out during the summer and met with our dog license vendors, which are mainly veterinarian clinics. They had some feedback for us on the process in terms of issuing licenses. One of which was the amount of time it takes their staff to issue the license and right now the cost share we give to them is ten percent of the license. So, it's $1.60 for an altered dog or $2.10 for an unaltered dog. They said financially for them it doesn't really pencil out that they have their -- their office staff issuing the license, but that's -- that's the cost share. So, they wanted to see if we would explore changing that. So, in our vendor agreements we are proposing to share 50 percent of the administrative fee with them, because we are asking them to do more. We are providing them spreadsheets so they need to input the information into -- be auto populated or I guess use the formulas in Excel to make sure that they are all calculated correctly and they get it back to us, but we have asked for all that Meridian City Council November 9, 2016 Page 53 of 61 information to be input by them and, then, they provide it back to us. So, they are doing a majority of the work when they issue the license, we are just taking it back and importing it into Accella and, then, we have the information. So, we would like to share more of that cost with them, so that they may be incentivized a little bit more to speak with their customers to get a license . So, as far as the city is concerned I don't think we are about making money on the license, we just want the information. The Meridian Police Department figures about there is 17,000 dogs in the city. We license roughly 4,000 of them every year. So, we want the Idaho Humane Society to have that information as well , so that when they get calls they know when they get to that location that they are going to see a licensed dog in most cases. So, over the course of a couple of years, having changed that cost share, we are hoping that that incentivizes the -- the veterinarians to issue more licenses. The second thing that we are looking at -- De Weerd: Well -- and it gives them greater incentive to remit that every 30 days, which is what you filled in. We found one business that held the list for two years. If that -- those animals -- the owner believes that they have registered, they have done all the things they needed to, but it was never turned into the city, so when that animal was impounded, then, they could have been penalized, because they didn't have the proof of -- so, this -- Coles: Absolutely. De Weerd: -- gives greater accountability and incentive. Coles: It does. Absolutely. The other thing that we would like to look at doing with -- with your blessing is changing the expiration dates of the dog licenses . This was the other feedback we received from the veterinarian clinics , but also from potential applicants who have come into the city for these dog licenses . The fee is the same year around and it's always been -- or it's written into our code that the expiration is December 31st of the year that it was issued . So, you come in January 2016, that license expired December 31st, 2016. You come in August 1st, 2016, the same price as it was in January and expires December 31st. So, you have only got a few months there. So, what we have found is people that come in and they are in that situation, they may choose not to license their dog that year, because they are paying the same price that someone did in January, but they are getting less value to them for that license for only a few months. So, what we would like to do and what we are proposing is changing the expiration to be a rolling expiration based on the date of issuance. So, one year from the date of issuance of that license is when it would expire . That enabled us to do a few things. One is we can remove the expiration date from the tag itself, so once a tag is issued to the dog and the dog owner they never need to purchase a new tag itself, they just need to renew that tag every year. So, over the course of several years and dog owners doing this and participating with this, we can save the city money without having to mail out new tags or purchase new tags just to give them to the dog owners that year and purchase Meridian City Council November 9, 2016 Page 54 of 61 new tags the next year for those dog owners. Tags are about 25 cents. The cost of mailing is 49 cents. So, again, over the course of the long haul we are going to save the city money in not having to purchase just tags just for that year, but for the entire city. So, it saves us money. It also enables the owner not to have to purchase a new tag every year. De Weerd: Can the owner come in and get a new tag if it's lost? Coles: Absolutely. Yes. Our -- the lost fee is five dollars if you have lost a tag and you need to do that, get a new tag. Those kind of big ticket items and a quick overview of our administrative changes we would like to make to the code and also to the vendor agreements. What we are looking to do is to seek your direction to perhaps bring an ordinance change to you maybe as quickly as next week with your blessing with these proposed changes. The reason we'd like to do that is because the vendor agreements are contingent upon the ordinance changing. We'd like to go out and meet with all of our potential vendors to have them sign the new agreement to take effect January 1st , but bring those signed agreements back to Council for approval in the month of December, so they can take effect January 1. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And you were going faster than my brain was for a while there . On the license I would sooner see the license come due -- and you say they cost what, 25 cents for a license? Coles: Yes. Bird: That's the cost of the license itself. Yeah. The fee -- that's the cost of the license itself to the city, but the fee -- the application fee is either 16 dollars -- Bird: Yeah. Okay. I understand that. I have no problem with the 50 percent to the other people. But if you're -- it's going to be a nightmare if you go on a year ly basis like the driver's licenses or the car license is and stuff like that, how am I -- how are you going to know that this -- that I had my dog in August and I got -- and the next August I renew, how are you going to know I renewed? And am I going to carry a piece of paper round with that dog telling us that I have renewed? Coles: Madam Mayor, Members of the Council, Council Member Bird, I appreciate that question. So, with our Accella software system that we have that the city clerk's office uses for all of our permits, temporary use permits, alcohol licenses, special event permits, fireworks permits, we are able to input that information, so, then, we on a monthly basis will get reports and alerts that say Meridian City Council November 9, 2016 Page 55 of 61 these dogs at these addresses, their licenses are coming due 90 days in advance, 60 days in advance, 120 days in advance and, then, we as a city can mail them the reminders that here is the form, you can fill out this form or go onto our website and renew your license. So, we at the city will track that through Accella, because we can input that information and run the reports. Bird: Madam Mayor, follow up, please? De Weerd: Yes. Bird: What -- what if I prefer not to buy -- renew my license? How are you going to -- how are you going to know that I didn't? I mean are you going to get -- are you going to get a monthly printout of who renewed? De Weerd: Yes. Coles: We will. Yes. Bird: Okay. But -- and you will have enough monthly printout of who should have renewed -- Coles: That's correct. Bird: -- and compare. And, then, who do we send to get it? Coles: If we would like to we can use animal control to -- to engage in that, but they will also have that information, so when they -- let's say they get a phone call for a report of a dog that they go and pick up, they can run that tag number and they will see, oh, you haven't renewed yet. Bird: Why don't we just adjust our fees for the year. If you buy it -- if you buy it in August you pay eight dollars and, then, it's still January 1st of the following year it's due. Kind of like you do on license. You don't get a break, but -- De Weerd: Well, I guess, Mr. Bird, if there are 17,000 dogs, then, anyone that goes and knocks on doors during campaigning knows there are 17,000 dogs. This -- this averages out so that that notification over the year, instead of slamming staff all at once -- Bird: We can try it. De Weerd: And they have sent out reminders. They don't go track people down that don't come and renew their license. It really is on an honor basis. So, I don't hear that that's going to change. Maybe at some point when you see there is a system that works well, you -- you look at it -- at that. But right now it's just trying Meridian City Council November 9, 2016 Page 56 of 61 to make the system more friendly to owners and give better notification to our animal control. Bird: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Council Member Bird, I think that one of the best parts about the changes on this ordinance is that exact thing. I am one of those who have waited until August -- oh, I will just wait until January, because it took two -- the process is not -- is not easy and this whole thing is going to make the process a lot easier . I think based on the fact that we have 17,000 dogs and only 4,000 of them licensed tells you that -- that that's a lot of the problem and -- and the goal I think here is to get more of those dogs licensed. Nothing happens, but if the dog gets picked up you get fined. So, that's when you get in trouble is if your dog gets picked up. Bird: And I understand that, so -- Milam: Mr. President? Bird: Yes. Milam: I did notice, though, on here, C.Jay, that our -- the difference between our altered and unaltered is a lot lower than most cities, other than Boise. I wouldn't mind seeing personally a larger difference. Coles: Mr. President, Members of the Council, Council Member Milam, we have internally spoken about that and discussed that . The conclusion right now that we came to is we felt it was appropriate now where it's at, because as the city the fee that we charge needs to reflect the actual service that we provide . Again, we are not trying to make money on the fees, just the cost of the time that it takes to do that. So, justifying a larger increase we at this point -- or difference I should say between altered and unaltered, we didn't feel that we could justify that cost difference, because as the city it doesn't take us anymore time to process altered versus -- versus unaltared. Where the -- the issue comes into play and why I handed out the redemption fees, plus our fee schedule, is because in speaking with the Idaho Humane Society executive director, unaltered dogs are a larger nuisance just in general on the public. They tend to roam more, they tend to be out more, they tend to be picked up more often, because they are out roaming more often. So, what we would like to do is at some point in the future, instead of -- and, again, we will take direction from the Council on this, but changing the altered and unaltered license fee, look at the redemption fees, if you can see many other municipalities have a first offense, second offense, third offense and there is differences there and that's where the Idaho Humane Society is saying -- Meridian City Council November 9, 2016 Page 57 of 61 really comes the nuisance to the public and -- and the cost on the city and the Idaho Humane Society for unaltered dog in the redemption portion of the fees. De Weerd: Okay. Anything further from Council? Is Council in agreement to bring this back for -- in an ordinance form? Very good. Coles: Thank you. Item 7: Ordinances A. Ordinance No. 16-1711: An Ordinance (H-2016-0081 Roundtree Subdivision) of the City of Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast ¼ of the Northeast ¼ of Section 14, the Northeast ¼ of the Southeast ¼ of Section 14, the Southeast ¼ of the Northwest ¼ of Section 13 and the Northwest ¼ of the Southwest ¼ of Section 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and annexing certain lands and Territory, situated in Ada County, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-8 (Medium Density Residential) District in the Meridian City Code; Providing that Copies of this Ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. De Weerd: Thank you, C.Jay. Good job for your official report there. Item 7 is Ordinance 16-1711. Mr. Clerk, will you, please, read this by title only. Coles: Thank you, Madam Mayor. City of Ordinance No. 16-1711: An Ordinance, file number H-2016-0081, Roundtree Subdivision, of the City of Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast ¼ of the Nort heast ¼ of Section 14, the Northeast ¼ of the Southeast ¼ of Section 14, the Southeast ¼ of the Northwest ¼ of Section 13 and the Northwest ¼ of the Southwest ¼ of Meridian City Council November 9, 2016 Page 58 of 61 Section 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and annexing certain lands and Territory, situated in Ada County, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-8 (Medium Density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. De Weerd: And that was one of the qualifications for clerk is being able to read that very interesting stuff . Is there anyone who would like to hear it read in its entirety? Milam: Madam Mayor? De Weerd: I don't see anyone. Yes, Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1711 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Mr. Clerk, will you call role. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 16-1712: An Ordinance (H-2016-0076 Little Creek Subdivision) of the City of Meridian Granting Annexation and Zoning for a Portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) Situated in the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho; and Annexing Certain Lands and Territory Situated in Ada County, Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said lands from RUT to R-40 (High-Density Residential) District in the Meridian City Code; Providing that Copies of This Ordinance shall be Meridian City Council November 9, 2016 Page 59 of 61 Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. De Weerd: Item 7-B is Ordinance 16-1712. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1712: An Ordinance, file number H-2016-0076, Little Creek Subdivision, of the City of Meridian Granting Annexation and Zoning for a Portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) Situated in the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho; and Annexing Certain Lands and Territory Situated in Ada County, Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said lands from RUT to R-40 (High-Density Residential) District in the Meridian City Code; Providing that Copies of This Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. De Weerd: Thank you, Mr. Clerk. I don't see anyone waving their hand to hear it read in its entirety, so Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 16-1712 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-B. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Future Meeting Topics Meridian City Council November 9, 2016 Page 60 of 61 De Weerd: Under Item 8, Council, I do have a couple of reminders of upcoming events. Friday at 11:00 a.m., 11/11/11, you will hear -- you have the opportunity to gather with a number of veterans to honor them at the Rock of Honor in Kleiner Park. There is an AIC district workshop on Monday, November 14th, that begins at 9:00 a.m. in Boise at the Wyndham Garden on this stuff and as well there is an outdoor gym ribbon-cutting in Tully Park at 4:00 o'clock on Monday as well. You can join us at Tully. There is also a Rake Up Meridian at 4:30 by MYAC if you want to join them with a rake or whatever you have to -- to rake up for a family in need. Thank you so much. And Todd and Councilman Borton will be joining us at MYAC as well to have a discussion with the subcommittee about participatory budgeting for this next upcoming process. So, that's -- those are my updates. Any items for consideration for future agendas? Item 9: Amended onto agenda: Executive Session per Idaho State Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation De Weerd: I will move to Item 9, then, and ask for a motion for Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSIONS: (6:10 p.m. to 6:45 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Meridian City Council November 9, 2016 Page 61 of 61 Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Motion to adjourn? Bird: So moved. Cavener: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:45 P.M. (AUDIO RE ORDINGa-ONJF LE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED ATTEST: C. JA' -COLS,$, CITY CLERK 2GO�Q�RATEO q�CGiP Cily�r � "'LLL w �D1AIV �. SEAL ,>/ Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Pedestrian Pathway Easement Pedestrian Pathway Easement Between New Cavanaugh, LLC and the City of Meridian Regarding Caven Ridge Estates No. 1 on the Ridenbaugh Canal MEETING NOTES 9 APPMED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113895 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 11/23/2016 10:52 AM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this �9 day of /v'bU�M�,.2016, between New Cavanaugh, -LLC, hereinafter referred to as "'Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway'and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is. for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said. easement unto said Grantee, its successors and assigns forever, THE GRANTOR hereby covenants and agrees that it 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, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements, Pedestrian Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: New Cavanaugh, LLC BY: ftyanD, Minert Its: Managing Member STATE OF IDAHO ) ss County of Ada ) On this 9ik day of , 2016, before me, the undersigned, a Notary Public in and for said Sta , personally appeared rt?I,VJ��.�' , known or identified to me to be the that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. , ebm•J.JJ JIlJl I•B', ®® St.0 . " �®,��® °®®®®°° \ i'®cy NOTARY PUBLIC FOR IDAHO ® c Residing at:_ , ®�Valor,Commission moo® c/� °°° Expires: ® V • -018 00 ®® ��' °®°®°°®®®® �C•®o: ®® P l�68118411101, Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN 0 0V?0 Tammy de Wee ayor m rp�_�oV�, st 0�'^ Attest C.Jay oles, City Clerk �e TarHAsU��aP�� Approved By City Council On: YZ 'a/ )Q /6 STATE OF IDAHO ) ss. County of Ada ) On this _day ofd% k/ 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,'I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) lkeoS's Iereetfetaed® S H 16 ss®i d V 0 �dop �® m P13 :rte TE i0V````®. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDA140 Residing at: Commission Expires: v - :�_D Z Description of 14 foot wide pathway easement - Caven Ridge Subdivision No 1 New Cavanaugh LLC to the City of Meridian October 7, 2016 An easement for a multi -use pathway along the south bank of the Ridenbaugh Canal through the future Caven Ridge Subdivision No. 1, said easement being the south 14 feet of future Lot 1 Block I of said subdivision and being located in the E''/z NW%4 of Section 30, T.3 N., R.1 E., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the west 114 corner of said Section 3 0, in the intersection of S. Meridian Road with E. Rumple Lane; thence, N.44°37'41 "E., 2138.47 feet to the southwest corner of said Lot 1; thence, N.19°04'44"E., 14.00 feet along the west line of said Lot 1; thence, S.70°55'16"E., 181.60 feet along a line parallel with the south line of said Lot 1 to a point of curvature; thence, Southeasterly, along a curve to the right having a radius of 1364.00 feet, an are length of 266.75 feet, a central angle of 11 ° l 2'18", a chord bearing of S.65 ° 19'07"E,, and a chord distance of 266.32 feet to a point of tangency; thence, S.59"42'58"E., 43.56 along said parallel line to the east line of said Lot 1; thence, S.18°58'32"W., 14.28 feet along said line to the southeast corner of said Lot 1; thence, N.59°42158"W., 46.36 feet along the south line of said Lot 1 to a point of curvature; thence, Northwesterly, along a curve to the left having a radius of 1350.00, an arc length of 264.01 feet, a central angle of 11 ° 12'18", a chord bearing of N.65 ° 19'07"W., and a chord distance of 263.59 feet to a point of tangency; thence, N.70°55'16"W., 181.60 feet along said south line to the POINT OF BEGEWONG, said easement containing 6,887 square feet or 0.158 acres, more or 1 Prepared by: John S. Austin, Idaho PLS 5081 N r 0 o u h O t0 J /! U 1 O U) M Q W z v i z / ! ^j J / i W � /` O� ry�oi Q / J a , V ho i ! ! / / 2 <o / o to 44 o co / 4/ 'tom no �f-- :O// tri C,7 1 = O � .�qs`YCOL / R Mss Qg 8ts ,h M N O C� C) S� o�(0to N N N Caw3w O Q O O M Mr- T: N 2N �� W co N N rr QF o <- •- D .- U W ! D 0 0 0 / aou6im Ji h o r C9 Mi 4 co a. z t,- w co a J N Cl N > U U o 0 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Sanitary Sewer Easement Sanitary Sewer Easement Between the City of Meridian and Holly Plaza, LLC within VanAuken Subdivision MEETING NOTES mr APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113894 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/23/2016 10:52 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this/ qday of NO 20 i l�--between /4"/'y?(' -V2 A LC..'C�— the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises_ and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line 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 parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV. 08/15/16 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF; the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: '.✓yam . --_.®� President Address Secretary STATE OF40AHO�"— ) ss County of d ) V.I C Sh0- 2 On this I LA ' day of !\Ad \ 1 , 20ASip, before me, the undersigned, a Notary Public in and forsaid State, personally appeared T�� ►��S r2W Sc ��1 �t NQ -Y and - N tl , known or identified to me to be the President aW— , respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. j I1111111111111kill 11 I III It I I I I III 1Ill I.III 11111111(1 I I flI 110111111 Ill I""111HHN I If j KIMURLY SANFORD tl§% Wary Public o State of Nevada App*wnt Rewrded In Washoo County Not 16.2702!2 • Expires June 25, 2024 ymoygN'.5t4,µRgo5{{SHuSu1.11W1. ..,y.rnn.um.rnn,rr..u...... Sewer Main Easement jv� NOARY PUBL,I OR IDAH Residing at: R--ovtD I Commission Expires: u REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy d0, /)Kee d, Mayor by CU6y Coles, - City Clerk 410<11- Approved. By City Council On: 6! ��/ G( V� STATE, OF IDAHO: S8 County of Ada On this r 2A day ofA&z14 , n_L� , before me, the undersigned, a,146taty LZ - Public in and for said State, personally appeared TAMMY DE WEERD and CJAY COLES, known to me to be the Mayor and City Clerk, respectivelyof the City of Meri'dian, Idaho, and who executed the within instrument, and AckaQwkdged to mo that the City of Moridlan'.6keouted the same, IN WITNESS. WHEREOF, I have hereunto set my hand and affixed my official seat the day and. year first -above written. (SEAL) + io �VLY T NOTARY.PUBLIC FOR IDAHO R6idihk at: A Commission Expires: 7- 3Q-AQ91) Sewer:Main Easemetit REV. 08/J5/16 January 12, 2016 Carl's Jr. Project No. 12-063. Legal Description City .ofMeridian .Sewer Easement 92 3 WEST STATE STREET I BOISE, 1DM7!4 1 208.639 6939 1 FAX 208.639:6930 EXHIBIT 'V A sewer easement situated Ina portion of Lot 1, Block I of VanAuken Subdivision (Book 104 at Pages 14,174 through 14,170, records of Ada County, Idaho) and further situated in a.portion of GoVernment Lot -7 cif Section 6; Township 3 North, Range I East, Boise Meridian. City pf.M'Jeridlan, Ada County, Idaho, and More particularly described as follows: Cornmericing. at a 5/8 inch rebar marking the southeast corner of said Lot 1 on the northerly right-of- way lineof E. Fairview Avenue, thenciefoll6wing said northerly right-of-way line 5880OV53"W.a distance of'37.0$ feet to -the POINT OF BEOINNING Thence along said northerly right -Cif waV lineS88008'53"W a distance of ZO.00 feet to a point Thence leaving said northerly right -of way lihe N00&07'04"W a dista nte of 25,42 feet to a point; ThehCO.N.69024120'E 8 distance of 3-3,83. feet to: 4 point;, Thence N01`23'50" a distance of 72.22 feet to. a point,*: Thence N78029,136V a, distance of 30'.61 feet to a point; Thence -NOO-003'51"W a distance of 22.88 feet to a point on the northerly -boundary line of said Lot Thence following Ilowing said northerly boundary line 1\188*08'53"E a distance of 20.00 feet to a point, Thence 'le said northerly boundary -line 50*08`51"Ea distance of 7.1-9 feet to a point; aving sp Thence S7902.986"E a distance of 30.23 feet to a pojht;, Thence S01'23'$01 a distance of 1a2`.37 feet to a point; Thence 569614'.201V a.. distance o. - f 34.17 feet to .0 point; Thence SO'05'46(it a distance of 10.99 fkt-to the POINT OF BEGINNING, Said parcel contains ins 3,698;scitlare feet more Or less. Attached hereto is Exhibit B and.by this reference is made a part hereof. ,x L A Np Of ENGINEERS I 80RVEYOF S I PLANNERS, ot� 0 -20 40, 80 Plan Scale . e NEERS.:SURVEYOM - PLAI 9733 WEST STATE STREET BOISE, IDAHO 437]4 PHONE J?00) 639.6939 FAX 068) 63.9-ano LINE TABLE LINE.# LENGTH DIR,ECTION Ll 7,19 S&ONM —E L2 30,23 578'29'36"E L3 34.17 5-69 L411.0.93 $O'05'40E N 8'08153"E 7 20-00T ' 1 ---:4 �- NOQ'03'51"—W 22.88Li N78729'36"W 3061, LOT 1, BLOCK 1, UJ VANAUKEN SUB. 0 z N69*24*20"E 33.83? NOO*01'-04*W 25.42' POB �1-4 � 888*OW53"W. '8 S85' 8 0"5 3"W 20.'00" 37.08' E. FAIRVIEW AVE. LEGEND EXIHIRITB 14 E. FARIVI EW AVE. BOUNDARY LINE ADJACENT BOUNDARY LINE EASEMENT CALCULATED POINT FOUND 6/8" REBAR FOUND BRASS CAP MONUMENT POINT OF BEGINNING P. ROJ ECT, SEWER, EASEMENT SHEET�. I OF 1 GOVT LOT 7o SEC 6, T31`4jRIE, $.M., - CITY OF MERIDIAN., ADA:CQUNTY, ID, Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Development Agreement Development Agreement for Knightsbridge Subdivision (H-2016-0088) with Julie Lyon & Samuel Grayson (Owner's) and Schultz Development LLC (Developer) for a parcel of land located in the SE 1/4 of the SW 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113948 BOISE IDAHO Pgs=39 BONNIE OBERBILLIG 11/23/2016 11:52 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Julie Lyon & Samuel Grayson, Owners 3. Schultz Development LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this a day of -��( , 2016, 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 Julie Lyon & Samuel Grayson, whose address is 3870 E. Victory Road, Meridian, Idaho 83642, hereinafter called OWNER and Schultz Development LLC, whose address is PO Box 1115, Meridian, Idaho 83642, hereinafter called DEVELOPER. RECITALS: 1.1 WHEREAS,' Owner is the sole owner, in law and/or equity, of certain tract of land in the County ofAda, State of Idaho, described in Exhibit "A", whish is attached hereto and by this reference incorporated herein as if set forth in fill], herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 'WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 5.15 acres of land from the RUT zoning district in Ada County -to the R-4 (General Commercial) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPNIENT AGREHMENT— CSNIGHTSBRIDGE SUBDIVISION (H-2016-0088) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 0` day of October, 2016, the Meridian City Council 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 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or 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 at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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 zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of 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: means and refers to Julie Lyon and Samual Grayson, whose DEVELOPMENT AGREEMENT - KNIGHTSBRIDGE SUBDIVISION (H-2016-0088 PAGE 2 OF 9 address is 3870 E. Victory Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Schultz Development LLC, whose address is PO Box 1115, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Low Density Residential District (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of the site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A to the Findings of Fact and Conclusions attached hereto as Exhibit `B" and the revisions noted in the staff report. b. All existing structures on the property shall be removed prior to the City's Engineer's signature on the final plat. c. In an agreement cannot be reached with the Sutherland Farms Homeowner's Association (HOA) to allow the subj ect property to be incorporated into the Sutherland Farms HOA, thatprior to submitting a final plat application the applicant shall bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot and include one (1) site amenity in accord with the standards listed in UDC 11-3G-3. 6. COMPLIANCE PERIOD This Agreement must be frilly executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMEN'rAGIWEMENT-KNIGHTSBRIDGE SUBDIVISION (1-1-2016-0088) PAGE 3 OF 9 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correctthebreach and cure the default, which action mustbe prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time al lowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cored after notice as described in Section 7.2, Owners and/or 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 City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or 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 City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions, 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEvGLOPMENr AGREEMENT—KNIGHTSBRIDGE SUBDIVISION (H-2016-0088) PAGE 4 of 9 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submitproof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. 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. 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: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 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 OWNER: Julie Lyon & Samuel Grayson 3870 E. Victory Road Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Schultz Development LLC PO Box 1115 Meridian, LD 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. DEVELOPMENT AGREEMENT-IrMGHTSBRIDGE SUBDIVISION (H-2016-0088) PAGE 5 OF 9 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry 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 ofthe 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 Agreement shall be binding on the Owner and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent j urisdiction, 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 steal l act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or 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 and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT -KNIGHTSBRIDGE SUBDIVISION (H-2016-0088 PAGE 6 OF 9 City Council after the Cityhas 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 shall adopt 'the amendment to the Meridian Zoning:Ordinance in .connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk, [end of text; signatures; aclulowledgements, and Exhibits A and B. follow) ACIOIOWLEDGMENTS WXTNESs 'WHEREOF, the parties have herein executedthus agreement and -made it effective as hereinabove provided. OWNERS: 1ul eJ I "0. DEVELOPER: Schultz Development LLC By' PrintedName; NLS �K S r US: i�k"Q CITY OF MERIDIAN RAT1B ATTEST: By: May r`ra my de -Weer 0 .. �A S q� rRrnsuRE DEVELOPMMT.AGREEMENT---T�NIGHTSBIUDGE SUBDIVISION (4-2016-0088 City Cleric PAOB 7 OF 9 STATE OF IDAHO ) ss: County of Ada, ) On thisAday of 2016, before me, the undersigned, allotary Public in and for said State, personally appeared Julie Lyon, known or identified to me to be the person who signed above, and acknowledged to me that she 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. (SEAL) ®®OCe1b9lfot ° Co pTAkp • of #8841111096 96 STATE OF IDAHO ) ss: County of Ada, ) n, Wary Public for I ho Residing at: L.' My Commission Expires: — ` I On this Jay of q-' , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Samuel Grayson, known or identified to me to be the person who signed above, and acknowledged to me that she 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. (SEAL) ���F6i8BB®IA®�® Y n® 1 �' Notafy Public for Id Rending at: My Commission Expires: DEVELopmLNI' AGREEMENT -KNIGHTSBRIDGE SUBDIVISION (H-2016-0088 PAGE 8 OF 9 STATE. OF IDAHO ss: County of Ada Oil this !MoWnp Wentof Wy� 201,6,bef5r0.M0,.the undersigned,. 4NOtary PuPublicinarid, -�edto Me for. said State, personally appeared.pi5 U tz- j to be the MAS W�_ of Schultz Development ,LLC, and acknowledged tome that, he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have -hereunto set my hand and affixed my officiallseal the. day and year in "this certificate first above written. Notary Public for Idaho. Residing at: kn P, My Commission. Expires:. Jaf) (SEAL) LeAnne.Borehaid NOTARY PUBLIC . F IDAHO STATE~ 0 STATE OF IDAHO ) ss County of Ada 2016 before me, a On this_,Q day of. AW Notary Public, personally appeared Tammy de Weer d and CJay Coles, khow 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 tome that such City executed the same, IN WITNESS WHEREOF, I have hereunto set -my hand and affixedmyofficial seat the -day god year in this certificate first above written. 0"-VF.R '41* (SEAL) .0' %N Its VL� Notary pobliofor ,Idaho Residing at: Commission expires P D'BVtLOPh4L7NTAGREP-h4F-NT—IMGRTSBRIDGE SUBDIvisjoN (H-2016-0088) RAGE 9 OP 9 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundat7 DESCRIPTION FOR ANNEXATION AND REZONE KNIGHTSBRIDGE SUBDIVISION A parcel of land located in the SE 1f4 of the SW 1f4 of Section 21, Township 3 North, Lange 1 last, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the SW Comer of said Section 21, from which the S1I4 comer of said Section 21 bears South 89448'04" East 2657.22 feet, thence along the South boundary line of said Section 21 South 89°48'04" East, 1978.15 feet to the REAL POINT OF BF -GINNING; thence leaving said South boundary line North 00°111'56" East, 25.00 feet; thenc* North 03°31'12" East, 146.33 feet; thence North 00°01'50" East, 93.03 f6et; thanes Horth 89048'04" West, 58.72 feet; thence North 00°0''5811 bast, 533.15 feet to an angle point [n the exterior boundary line of Sutherland Farm Subdivision No.1 as flied In Book 86 of Plats at Pages 9806 through 9808, records of Ada County, Idaho; thence along said exterior boundary line South 88'48'02" East, 299.87 feet; thence leaving said exterior boundary line South 00001'56" West, 796.27 feet to a point on the South boundary line of said Section 21; thence along said South boundary line North 89048'04" West, 250,07 feet to the REAL POINT OF BEGINNING. Containing 5.16 acres, more or lass. Knightsbridge Subdivision H-2016-0088 EXHIBIT A SUTHERLAND FARM SUBDIVISION NO, I BLOCK 4 25 100 0 50 2GO SOLE: I"= 100' MI M �c O Y G. N89'48'0 "W w 58.72'i Iq LEGEND : Io z BRASS CAP MONUMENT - - BOUNDARY LINE L t F w3 - - - SECTION LINE CL S89'48'02°E 299.87' t r 5.15 ACRCS zl I NOii'6"E REAL POINT" 25.00' OF BEGINNING 1/+ 20 21 4978.15 _ a2�.Ito' 21 29 28 - _ - - - - - - N89'48'04!'V1 250.07' _ SS 28 E. VICTORY ROAD BASIS OF BEARING N89'48'04W 2657,22' EXHIBIT DRAWING FOR """ O AND REZONE 10-'u IDAHO 1<!b E.4YhTG7iD44Fil6L ANNEXATIONVAREZONENE sil�f NU SURVEY K14IGHTSORIDGE SUBDIMSION 1 7 W9fG7U Lowen M lilt sF 1/A N' lid sP/ 1/4 CF sw4w 21, 7'.N,. loc, B.FL. Wh% DAII GROUP, P.C. ADA O"TY, =,St. L0410 7!7/2016 Knightsbridge Subdivision H-2016-0088 < �a z ,tl zz� a Waal ! �f �^ I 25 100 0 50 2GO SOLE: I"= 100' MI M �c O Y G. N89'48'0 "W w 58.72'i Iq LEGEND : Io z BRASS CAP MONUMENT - - BOUNDARY LINE L t F w3 - - - SECTION LINE CL S89'48'02°E 299.87' t r 5.15 ACRCS zl I NOii'6"E REAL POINT" 25.00' OF BEGINNING 1/+ 20 21 4978.15 _ a2�.Ito' 21 29 28 - _ - - - - - - N89'48'04!'V1 250.07' _ SS 28 E. VICTORY ROAD BASIS OF BEARING N89'48'04W 2657,22' EXHIBIT DRAWING FOR """ O AND REZONE 10-'u IDAHO 1<!b E.4YhTG7iD44Fil6L ANNEXATIONVAREZONENE sil�f NU SURVEY K14IGHTSORIDGE SUBDIMSION 1 7 W9fG7U Lowen M lilt sF 1/A N' lid sP/ 1/4 CF sw4w 21, 7'.N,. loc, B.FL. Wh% DAII GROUP, P.C. ADA O"TY, =,St. L0410 7!7/2016 Knightsbridge Subdivision H-2016-0088 EXHIBIT B CITY OF MERIDIAN IDIANFINDINGS OF FACT, CONCLUSIONS OF LAW C�Vl AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.15 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of Seventeen (17) Building Lots, And Two (2) Common Area Lots on 5.15 Acres of Land for Knightbridge Subdivision, by Schultz Development. Case No(s). H-2016-0088 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2016, 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 Cleric and then a copy served by the Clerk upon the applicant, the Conununity Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0088 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 2016, in6oiporated 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 Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). 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 (UDC 11-513-3F). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). E-2016-0088 - 2 period (UDC 11-513-3F). E. 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. F. Attached: Staff Report for the hearing date of September 20, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0088 -3 - By action of the City Council at its regular meeting held on the _ day of 06-10 6 e%- 2016. COUNCIL PRESIDENT KEITH BIRD VOTED *4 COUNCIL VICE PRESIDENT JOE BORTON VOTED Y64 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y& COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED Y6 r COUNCIL MEMBER GENESIS MILAM VOTED Yeo MAYOR TAMMY de WEERD VOTED (TIF, BREAKER) Mayor Ta m e Weerd GO�QDRATED Alio Attest: •� cilpuf w 4 rDr� C.J Coles S�`q� City Clerk e rRFns��� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney, By: vot)tbk-�— 4Ajw Dated: ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0088 - 4 - EXHIBIT A STAFF REPORT Hearing Date: September 20, 2016 II7I (��zWE 1 TO: Mayor and City Council;,4�- FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Knightsbridge Subdivision — AZ and PP (H-2016-0088) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 5.15 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of seventeen (17) building lots and two (2) common lots on 5.15 acres of land in the R-4 zoning district for Knightsbridge Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planninjj & Zoning Commission heard these items on August 18"', 2016. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. _ Summary of Commission.Public Hearing: i In favor• Matt Schultz (Applicant's Representative4 ii. In opposition• None "i Commenting: William Bollar Ly� Written testimony; Matt Schultz (Applicant's representative) y-. Staff presenting application: Josh Beach. L Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Location ation of sewer and water as it relates to this development c FKey Issues of Discussion by Commission: i Amenities for the development if included in Sutherland) Farms HOA as well as amenities if not included in Sutherland Farms HOA Location of the open space might not be appropriate d. Commission Change(s) to Staff Recommendation• L Modify condition 1.1.1(C) as follows: If an agreement cannot be reached with the Sutherland Farm Homeowner's Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA that prior to submitting a final plat application the applicant shall bifurcate the landscape buffer from the passive open space (Lot 1 Block 1 and Lot 7 Block 3) and create a more central open space lot and include one (1) site amenity in accord with the standards listed in UDC 11-3G-3 c Outstanding Issue(sl for City Council L None Knightsbridge Subdivision H-2016-0088 PAGE 1 EXHIBIT A The Meridian City Council heard these items on September 20 2016 At the public hearing, the Council approved the subject AZ PP requests. a Summary of City Council Public Hearing• i In favor Matt Schultz Applicant's Renresenta 've ii. in onnosition• None ii Commenting: Mike Devine Justin Lucas (ACHDI Written testimony: None y, Staff presenting application; Josh Beach yi Other staff commenting on application None h.. Key issue(s) of Public Testimony: L Installation of a stop sign at the corner of McKay Drive and Proud Way c Key Issues of Discussion by Council: i Name- d, Kev Council Changes to Commission Recommendation L None III. PROPOSED MOTION Denial Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0088, as presented in the staff report for the hearing date of August 18, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0088, as presented during the hearing on August 18, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0088 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3870 E. Victory Road, in the SW'/4 of Section 21, Township 3 North, Range 1 East. B. Owners: Julie Lyan & Samuel Grayson 3870 E. Victory Road Meridian, ID 83642 C. Applicant/Representative: Schultz Development PO Box 1115 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS Knightsbridge Subdivision H-2016-0088 PAGE 2 EXHIBIT A A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1 and August 15, 2016 (Commission); August 29ch Council C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); September 12"' (Council) D. Applicant posted notice on site(s) on: August 5, 2016 (Commission); September 9�b (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Sutherland Farm Subdivision, zoned R-4. 2. East: Single-family residential zoned property, zoned RUT (Ada County). 3. South: E. Victory Road; Single-family residential properties, zoned RUT (Ada Coimty) 4. West: Single-family residential zoned property, zoned RUT (Ada County). C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist west of the proposed development in Victory Road, however the applicant has requested, and has been approved by Public Works to slope their sanitary sewer towards the northwest to the existing mainline stub in S. Proud Lane. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the south and northwest, and to the west of the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development, and install a 10 -inch diameter dry line sewer in Victory Road. E. Physical Features: 1, Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow 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 (d.u./acre). Knightsbridge Subdivision H-2016-0088 PAGE 3 EXHIBIT A The applicant proposes to develop the property with seventeen (17) single-family detached dwellings at a gross density of 3.30 dwelling units per acre (d.u./acre) and a net density of 4.73 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation and the requested R-4 zoning dustrict. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D, Page 53) The proposed development will connect to E. Victory Road which is an arterial street. Access to the subdivision will also be provided through an existing stub street frons the Sutherland Farm Subdivision (S. Proud Way) stubbed on the north boundmy of the proposed development. The applicant is also proposing to provide a stub street to the east and west (E. Moon Dipper Street), to provide for future interconnectivity. 2. "Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.)." (3.06.02F) A 25 -foot wide landscaped street brffer is required along E. Victory Road, a principal arterial street in accord with. UDC Table I1 -2A-5. 3. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117, pg. 53) The proposed single-family residential development should be compatible with existing single-family homes as the lots sizes and homes are comparable in size to the, adjacent Sutherland Farms and nearby Karmelle Subdivisions. 4. "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, Page 56) If approved, the proposed single-family detached homes would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided. The plat as designed provides approximately 10.2% useable open space, or 0.53 acres. Staff has some concerns with the location of the proposed open space. The applicant is proposing all of the open space to be located adjacent to Victory Road. The location is not very kid -friendly. 6. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 0.53 acres of qualified open space. The applicant has provided the required open space for the development; However the UDC also requires that subdivisions of more than five (5) acres provide one (1) amenityfor the first twenty (20) acres and one additional amenity for every twenty (20) additional acres. The applicant is proposing to be included in the Sutherland Farms HOA and has initiated those discussions with. the HOA and has proposed to contribute to a future amenity in the existing 6 acre park within the Sutherland Farms Subdivision. Knightsbridge Subdivision H-2016-0088 PAGE 4 EXHIBIT A 7. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Sutherland Farms Subdivision to the north, ccs well as to the proposed 5 -foot detached sidewalk along E. Victory Road. 8. "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) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 9. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020 Page 48) The proposed plat depicts connections to the existing stub street from the north. The applicant also proposes to provide stub streets to the east and to the west for fixture interconnectivity. 10. "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I Page 55) The subject property is adjacent to existing single-family homes and similar lot sizes to the north in Sutherland Farms Subdivision. The proposed development, with the proposed zoning of R-4, is similar to the surrounding uses. All of the proposed lots exceed the minimum standards ofR-4 district. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: 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 distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium - low density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is principally permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-5 for the R-4 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. E Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Knightsbridge Subdivision H-2016-0088 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of 5.15 acres of land with an R-4 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. Preliminary Plat: The proposed plat consists of seventeen (17) building lots and two (2) common lots on 5.15 acres of land. The R-4 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 3.30 d.u./acre. The average lot size is 9,218 square feet. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. The home must be removed prior to obtaining City Engineer's signature on the final plat. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the proposed plat and found it to be in compliance with the R-4 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC I I - 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Access: Vehicular access is proposed for this site via an extension of S. Proud Way, and a direct vehicular access to E. Victory Road. Streets: All of the proposed streets depicted on the plat are public. A total of 40 -feet of right-of- way is proposed for S. Terri Drive and E. Moon Dipper Street with 33 feet between the back of curbs and a total of 50 -foot right-of-way is proposed for S. Proud Way with 36 feet between the back of curbs. The applicant will need to constrict proud way as a complete street, including the acquisition of property, or an easement from the adjacent property owner (Parcel # S 1121346802). The Master Street Map indicates a roundabout located at the intersection of S. Terri Drive and E. Victory Road. ACHD has indicated that they are in support of removing this from the Master Street map, but in order to do so, the applicant will need to request that from the ACHD Commission at a hearing to be scheduled in the future. ACHD is requiring that the applicant construct S Proud Way as one-half of a 36 -foot street section with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way; plus 12 -feet of additional pavement beyond the centerline and 3 -foot wide gravel shoulder beyond the existing terminated roadway to the Proud Way/ Moon Dipper Street intersection. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide detached sidewalks throughout the development and a 5 -foot wide detached sidewalk adjacent to E. Victory Road. The 8 -foot parkways are required to comply with UDC 11 -3A -17E. As submitted the applicant has not provided the required trees per Knightsbridge Subdivision H-2016-0088 PAGE 6 EXHIBIT A the UDC. With the submittal of a final plat, the applicant must submit a revised landscape plan the meets the standard set forth in UDC 11 -3G -3B.5. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. A 25 -foot wide street buffer is required along E. Victory Road, an arterial street, per UDC Table 11-2A-5 and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. The buffer shown on the landscape plan meets the requirements of the UDC however, because these are single common lots any fencing along said lots will have to be placed along the interior edge of the lot in accord with UDC 11-3B-7C2c All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four (4) feet to back of curb. The applicant shall construct a 25 foot landscape buffer as required by UDC 11-313-7. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly notes that there are no existing trees on the site. Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. The fencing shown on the landscape plan appears to meet the requirements of the UDC. Open Space: All new development is required to comply with the qualified open space and site amenity requirements listed in UDC 11-3G-3 which requires a minimum of 10% qualified open space and one site amenity for developments of this size. Based on the area of the preliminary plat (5.15 acres), a minimum of 0.51 acres of qualified useable open space is required to be provided as set forth in UDC 11 -3A -3B. Based on the preliminary plat the applicant is proposing 0.53 acres which is 10.2% of the proposed development. Open space consists of 8 -foot parkways and two (2) passive open space lots (50' X 100') that include the required street buffer adjacent to Victory Road. As noted above, staff is concerned about the location of the proposed open space for the development. The majority of the proposed open space is adjacent to an arterial roadway that will be widened in the future and will become busier with future development in the area. The applicant is proposing what is essentially an extra -wide landscape buffer along E. Victory Road. The fencing requirements in the UDC require that fencing be installed on the interior edge of the common lot. The proposal by the applicant will essentially require anyone who uses the open space to recreate along an arterial roadway. In addition to the open space provided for this development, the applicant requests this property be allowed to be included in the open space and site amenities calculations for the Sutherland Farm development, and that the qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 13.24 acres or 11.3% qualified open space has already been constructed within the Sutherland Farm development along with the following site amenities: a 3/4 mile regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant has discussed incorporating the subject property into the Sutherland Farm Homeowner's Association (HOA) with the HOA; however, an official agreement has not yet been reached. Amenity: The applicant is proposing to provide a "future large amenity" within Sutherland Farms existing 6 acre park. Prior to the Commission hearing, the applicant shall provide Knightsbridge Subdivision H-2016-0088 PAGE 7 EXHIBIT A details of the proposed amenity proposed for the 6 acre park in the Sutherland Farms development as well as the time frame in which the amenity would be constructed. Because the applicant is proposing to be included in the Sutherland Farms HOA and to be subject the their CC&R's, staff supports the applicant's request provided that the Sutherland Farm HOA agrees to allow this property to be incorporated into their HOA. If not, staff recommends the plat is revised to provide the full 10% qualified open space and one site amenity on this site. If an agreement cannot be reached between the two parties, staff recommends that the applicant bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot that one amenity that Knightsbridge community can use and maintain that is not located adjacent to Victory Road. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct detached single-family homes. The applicant has submitted 10 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. Staff is supportive of the proposed elevations. In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed annexation and preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/30/16) 3. Proposed Landscape Plan (dated: 07/06/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Knightsbridge Subdivision H-2016-0088 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Map 0 0.1 0.2 Miles Print Date 622016 Knightsbridge Subdivision H-2016-0088 PAGE 9 EXHIBIT A 2. Proposed Preliminary Plat (dated; 06/30/16) �K (,1eel �— ;_s r r r, {{ r 1" &= 0) e3 Knightsbridge Subdivision H-2016-0088 PAGE 10 r, 1 z vl 7--j rab. es annun » [ t?I�:], u.von Fa .J I� a SU ... SG GROUP, P SUBDIVISION! + KNIGI-TSDRIDGE PREU.IYTRY PLAT '' f krt t � � v T. k 6w Y3MM, 1C ✓fin' p. N). f t�,.i Knightsbridge Subdivision H-2016-0088 PAGE 10 EXHIBIT A 3, Proposed Landscape Plan (dated: 07/06/2016) Knightsbridge Subdivision H-2016-0088 PAGE 1 I EXHIBIT A 4, Conceptual Building Elevations Knightsbridge Subdivision H-2016-0088 PAGE 13 EXHIBIT A Knightsbridge Subdivision H-2016-0088 PAGE 14 EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. 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 City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All existing structures on the property shall be removed prior to the City's Engineer's signature on the final plat. c. If an agreement cannot be reached with the Sutherland Farm Homeowner's Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA, that prior to submitting a final plat application the applicant shall bifurcate the landscape buffer from the passive open space (Lot 1, Block 1 and Lot 7, Block 3) and create a more central open space lot and include one (1) site amenity in accord with the standards listed in UDC 11-3G-3. 1.1.2 The preliminary plat included in Exhibit A.2 is approved as submitted unless an agreement cannot be reached with the Sutherland Farm Homeowner's Association (HOA) to allow the subject property to be incorporated into the Sutherland Farm HOA. In that case, the applicant shall revise the preliminary plat as described in DA provision C above. 1.1.3 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3.-7 and 11 -3A -6B. 1.1.4 The landscape plan dated 07/06/16, is approved with the following changes: a. Prior to the Commission hearing, the applicant shall provide details of the amenity proposed for the 6 acre park in the Sutherland Farms development as well as the time frame in which the amenity will be constructed. b. The 8 -foot parkways proposed along the local streets shall comply with the standards set forth in UDC 11 -3G -3B.5. 1.1.5 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide detached sidewalks shall be installed on S. Terri Drive, E. Moon Dipper Street on the east side of S. Proud Way and a 5 -foot wide detached sidewalk is also required along E. Victory Rd. 1.1.6 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of I 1-3A-3 with regard to access to streets. Knightsbridge Subdivision H-2016-0088 PAGE 15 EXHIBIT A 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-3B-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall subinit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminaiy plat asset forth in UDC 11 -6B -3C2. Knightsbridge Subdivision H-2016-0088 PAGE 16 EXHIBIT A 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant has requested, and the Public Works Department has approved for this development to slope their sanitary sewer towards the northwest to the existing mainline stub in S. Proud Lane, however applicant shall be required to construct a "dry -line" 10 -inch diameter sewer main along the frontage in Victory Road. 2.1.2 Applicant shall be required to extend the 12 -inch diameter main in Victory Road from its current point of terminus +/- 55 -feet to the west of the subject site. Applicant will also need to upsize the north -south mainline within the development to a 12 -inch diameter main, to tie into the existing 12 -inch mainline in S. Proud Lane, since it's a mid-section line. The 12 -inch water main extension in Victory Road shall terminate with a fire hydrant in alignment with the eastern property boundary. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (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, 2.2.3 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 foam 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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, Knightsbridge Subdivision H-2016-0088 PAGE 17 EXHIBIT A the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer, 2.2.6 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. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Knightsbridge Subdivision H-2016-0088 PAGE 18 EXHIBIT A 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the final plat 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. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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. 2.2.23 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 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comment on this application 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4 -inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11 -3B -10C. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48 -feet of right-of-way from centerline of Victory Road abutting the site. 7.1.2 Construct detached 5 -foot wide sidewalk a minimum 41 -feet from centerline to face of sidewalk along Victory Road abutting the site. 7.1.3 Widen the pavement a minimum of 17 -feet from centerline along Victory Road and provide a minimum 3 -foot wide gravel shoulder abutting the site. 7.1.4 Construct S Terri Drive and E Moon Dipper Street as 33 -foot street sections with curb and gutter, within 40 -feet of right-of-way; an 8 -foot wide parkway strip and 5 -foot wide concrete sidewalk within an easement. Knightsbridge Subdivision H-2016-0088 PAGE 19 EXHIBIT A 7.1.5 Constrict S Proud Way as one-half of a 36 -foot street section with curb, gutter, and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way; plus 12 -feet of additional pavement beyond the centerline and 3 -foot wide gravel shoulder beyond the existing terminated roadway to the Proud Way/ Moon Dipper Street intersection. 7.1.6 Provide a permanent easement for any public sidewalk located outside of the dedicated right-of- way. 7.1.7 Constrict a new local street, S Terri Drive, onto Victory Road located 967 -feet east of Bay Star Way and 555 -feet west of Knapp Place, in alignment with S Terri Drive, from the site. 7.1.8 Constrict a new local street, Moon Dipper Street to intersect Proud Way, 195 -feet south of Mackay Drive. 7.1.9 Construct 1 stub street, Moon Dipper Street, 150 -feet to the east property line, located 632 -feet north of Victory Road. 7.1.10 Install signage at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Knightsbridge Subdivision H-2016-0088 PAGE 20 EXHIBIT A Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Knightsbridge Subdivision H-2016-0088 PAGE 21 EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary DESCRIPTION FOR ANNEXATION AND REZONE KNIGHTSBRIDGE SUBDIVISION A parcel of land located in the SE 114 of the SW 1/4 of Section 21, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho being more particularly described as follows'. Commencing at the SW corner of said Section 21, from which the 5114 corner of said Section 21 bears South 8904904" East, 2657.22 feet, thence along the South boundary line of said Section 21 South 89'48"04" East, 197815 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 001115611 East, 26,00 feet; thence North 03'31'12" Last, 145,33 feet; thence North 00'01'56" East, 93.03 feet-, thence North 89'48'04" West, 58.72 feet: thence North 00'01'56°' East, 533.15 feet to an angle point In the exterior boundary line of Sutherland Farm Subdivision No. I as filed in Book 86 of Plats at Pages 9806 through 9808, records of Ada County, Idaho-, theme along said exterior boundary line South 8W48'02" East, 299.87 feet; thence leaving said exlerior boundary line South 00'01'56" West, 796.27 feet to a point on the South boundary line of said Section 21: thence along said South boundary line North 89048'04" West, 250.07 feet to the REAL POINT OF BEGINNING. Containing 5.15 acres, more or less. Knightsbridge Subdivision H-2016-0088 PAGE 22 EXHIBIT A WTHERLA,t4D FARM SUBDIVISION NO. 1 BLOCK 4 S89*48'02"E 299,87' Z z � le 00 Liam i I m CL K 25 100 D 50 201) SCALE: 1" = 100' 'pl _/ N89'48',04"W 589,72' j 5,15 ACRES z"', o zi LEGE O3 IW Q5 BRASS CAP WNUMENT 'pl _/ N89'48',04"W 589,72' LEGE O3 z Q5 BRASS CAP WNUMENT BOUNDARY LINE SECn0N LINE A .-REAL 2500' POINT OF BEGINNING S 21 20 21 1978,15' 4 2 9� 00CY �60 07' E. NACTORY ROAD BASIS OF BEARING N89*48'04'%V 2657,22' EXHIBIT DRAVOING FOR IDAHO 14 M E_ WATMTMVIST. ANNEXATION AND REZONE SLTM IM SURVEY Ww"',R WAly) KNIGHTSBRIDGE SUBDIVISIOrq (m) GROUP, P.G. LjodkTtl) Bi iflt ::r 1/4 (W Th7E SW 1/4 W —7-GT104 21, T, -V4,, RJE, ON ADA tOLWY, MASL 10410 Knightsbridge Subdivision H-2016-0088 fa -mm 7/7/-e016 PAGE 23 EXHIBIT A D. Required Findings from Unified Development Code 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 Applicant is proposing to annex 5.15 acres with an R-4 zoning district and develop 17 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan. (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council 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. Council considered any oral or written testimony that was 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, 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 11-513-3.E). Council finds annexing this property with an R-4 zoning district is in the best interest of the City with the provision of a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council 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 Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) Knightsbridge Subdivision H-2016-0088 PAGE 24 EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or enviromnental problems of which Council is unaware. L The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Council referenced any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Knightsbridge Subdivision H-2016-0088 PAGE 25 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Development Agreement Development Agreement for Edgehill Subdivision (H-2015-0005) with Corey Barton and Challenger Development Inc., The site is located at the southeast corner of S. Linder Road and W. Victory Road at 1393 and 1405 W. Victory Road, in the NW'/4 of Section 25, Township 3 North, Range 1 West MEETING NOTES 9 OPMED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113890 BOISE IDAHO Pgs=44 DAWN TRIVOLIS 11/23/2016 10:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES; 1.. City of Meridian 2. Corey Barton, Owner 3. Challenger Development Inc,, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made. and entered into this day of 1Uw4, t / , 20.16, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 3.3 E. Broadway. Avenue; Meridian, Idaho 83642 and Corey Barton, whose address is 1977 E, Overland Road; Meridian, Idaho 836.42, hereinafter called OWNER and Challenger Development Inc., whose. address -is 1977 E. Overland Road,. Meridian, Idaho .83642; hereinaftercalled DEVELOPER. RECITALS: 1.1 WHEREAS; .Owner is the sole ow>ler, in law and/or equity; of certain tract of land hithe County:of Ada, State of Idaho, described in Exhibit "AP, 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 § 67-65 HA provides that cities niay; by ordinance, require or permit as a condition ofzoning that the Owners anO%r Developer make a written commitment concerningthe use or development ofthe subject. Property; and 1.3 WHEREAS, City.has exercised.its statutory,authority,bythe enactment of Section 11 -SB -3 of the Unified Deveiopinent Code ("UDC"); which authorizes development agreements upon the annexation and/or re -zoning of land; .and 1A WHERE AS, owner and/or. Developer has submitted an application for the annexation of approximately 40.19 acres of land fi•om the RUT -zoning district in Ada County:to the R4 (Medturn -LOWDensity Residential) zon.j'n district (as described in Exhibit' A" ), under the. Unified Development Code; which generally describes how the Property will be developed and what improvements will be ma. de;.and 1.5 WHEREAS, Owner and/or Developer made representations. at. the pubiic hearings both before the Meridian Planning &: 'Zoning Commission � ah before the Meridian City Council,.as to how the Property Will'be-.developed and.what improvements will be made; and _ DEVELOPMENT AGRFgm8NT—EDGEHILL SUBDIVISION (1-1-201'5-0005 PAGE I of 9 1.6 WHEREAS, the record oftheproceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 8th day of March, 2016, the Meridian City Council 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 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interestto be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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 zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, DEVELOPMENT AGREEMENT - EDGEHILL SUBDIVISION (H-2015-0005 PAGE 2 OF 9 3.2 OWNER: means and refers to Corey Barton, whose address is 1977 E. Overland Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Challenger Development Inc., whose address is 1977 E. Overland Road, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) ofthe Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium -Low Density Residential (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Direct lot access to S. Linder Road and W. VictolyRoad, both arterial streets, is prohibited in accord with UDC 11-3A-3. 5.1.2 Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in the StaffReport attached to the Findings of Fact and Conclusions for Law as Exhibit "B". 5.1.3 The rear or sides of structures on lots that face S. Linder Road and W. Victory Road shall incorporate articulations through changes in material, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.4 A 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the Williams pipeline at the southwest corner ofthe site in accord with the Pathways Master Plan. DEVELOPMENT AGREEMENT-EDGFIBLL SUBDIVISION (H-2015-0005 PAGE 3 OF 9 5.1.5 The City Council approved a waiver for the segment of the Sundall Lateral that crosses this site to remain open and not be piped or otherwise be covered due to its large capacity in accord with UDC 11-3-6A.3. 5.1.6 The developer shall provide a minimum of 4.02 acres (or 10%) of qualified open space within the development in accord with the standards listed in UDC 11 -3G -3B. 5.1.7 The developer shall provide a tot lot with playground equipment within the central common area on Lot 15, Block 4; a segment of the City's multi -use recreational pathway along the Williams Pipeline; and a pedestrian pathway along the north side ofthe Sundall Lateral from the east boundary connecting to the pathway in Kentucky Ridge Subdivision to the northwest corner of the site in accord with the site amenity requirements listed in UDC 11 -3G -3C. 5.1.8 An encroachment permit is required for any development/improvements within the Williams pipeline easement. All development shall comply with the Williams Gas Pipeline Developers' Handbook. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days fi-om receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity, 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Scction 7.2, Owners and/or 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 ofProperty and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of DEVELOPMENT AGREEMENT-EDGMILL SUBDIVISION (H-2015-0005 PAGE 4 OF 9 Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or 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 City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning ofthe Property by the City Council. 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. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. DEVELOPMENT AGREEMENT-EDGEFTILL SUBDIVISION (II -2015-0005) PAGE 5 OF 9 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 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 OWNER: Corey Barton 1977 E. Overland Road Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Challenger Development Inc. 1977 E. Overland Road Meridian, ID 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 ofthe 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 Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT-EDGEHILL SUBD7vISION (H-2015-0005 PAGE 6 of 9 reasonable discretion, had determined that Owner and/or Developer have fully performed their 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. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or 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 and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 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 ofthe 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 shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT -EDGEHILL SUBDIVISION (H-2015-0005) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this.agreemmt and Made itef-ective as hoxeinabove provided, OWNER: DEVELOPER;. Challenger. Development Inc; By: n Printed Nam ; Qv 2U &r tc" its - CITY OE { I C_ � �f R S� 'By, l4— \�a_ qL Mayor T de Weerd ATTEST; r� C, y Col , C1 Clerk DEVELOPMENT AGREEMENT — EDGEmLL SUBDIVISION (H-2015-0005)' PAGE8 ou 9 STATE OF IDAHO ) ss; County of Ada,. On this 104�'. day of NOVPnr.bv' , 2016, befomme, the undersigned, a Notary P'ublic,ln and for.said Sta(e; personaltyappeared CoreyBarton,'.known or-identif►ed to.tne io be the person who signed above and acknowiedged to me that he:exeouted the same, IN WITNESS WHEREOF, I have hereunto set -my hand,and affixed my official seal the day and year in,thls certificate first above written, (SEAL) STATE OF IDAHO ss; County of Ada, ) 11 0 (i n .Notary. Public foi' Idaho Residing at; lxlGtrvt r 4 My. Commission Expires' h -QS -ar2- 9 On this jb�\4- day of 0e" , 2016, before me, the upderslgned,.allotary Public in and for.sad-State, personally appeared (i_ revs J rtort ktiownor identified tome to be the -Pr^ SJ , of Challenger AevelopmentJ c;, and aoknoWledged to methat he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, .1 have hereunto set myhand and affixed my official seal the day and year in this �,rtne. t, as certificate first above written, (SEAL) n Notary Public, for .Idaho Residing at; MAn A My GommissionExpnes; D5~�dr STATE OF IDAHO ) ss, County`of Ada ) On this_ day ofAL O -W & , 2016;: before mo, . -a Notary Publlc, personally appeared Tammy.de Weerd and C.Jay Coles, know or identifiedto me to be the Mayor and Clerk, respectively; of the City of Meridlan, 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,, thave Hereunto set my hand and affixed my official seal the day and year' in -this cortWOWSfAVIR4ove written. `I* : Notary Public for Idaho O . o Residing at; -/ • G ® = Commission expires; F' puv� " fee 000 ir,081 tNtt1110 DEVELOPMENT AGREEMEN'C ED4BHILL SUBDIVISION (H-2015-0005) PAGE 9 OF 9 Exhibit A k � LAW A V•B MAPPING GROUP PKI J-U•B ENGINEERS, INC. Edgehill Subdivision Boundary Description Project Number 10-15-050 September 29, 2015 The northwest quarter of the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the northwest corner of Section 25, Township 3 North, Range 1 West, Boise Meridian, which bears N89°20'35"W, 2640.25 feet from the north quarter -section corner of Section 25: Thence 589`20'35"E, 1320.05 feet along the north line of the northwest quarter of the northwest quarter to the northeast corner of the northwest quarter of the northwest quarter; Thence S00°32'23"W, 1324.69 feet along the cast line of the northwest quarter of the northwest quarter to the southeast corner of the northwest quarter of the northwest quarter; Thence N89"23'22"W, 1321.93 feet along the south line of the northwest quarter of the northwest quarter to the southwest corner of the northwest quarter of the northwest quarter; Thence N00"37'16"E, 1325.76 feet along the west line of the northwest quarter of the northwest quarter to the POINT OF BEGINNING. The above described parcel contains 40.19 acres, more or less. Page 1 of 1 u 2S0 S. Beechwood Avenue Suite 201, Boise, ID 83709 p 208.376.7330 ) 208-323-9336 it, wvnv.iub.com Edgehill Subdivision —AZ H-2015-0005 Exhibit A E 7320.20' � N-1/4 LANp s RF G�'a 34 A 'lJ�fq} or Edgehill Subdivision J� Boundary Discription -� The Northwest Quarter of the Northwest Quarter of Section 25, pw-e xcwau, we T..ship 3 North, Range 1 West, eolse Meridian, Ada County, Idaho. Edgehill Subdivision —AZ H-2015-0005 Exhibit B CITY OF ME' ItIDIAN � �j_ J �.i�`r"'"'' FIMIaINGS OF FACT, CONCLUSIONS Off' LAW •- AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 40.19 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 116 Building Lots and 7 Common Lots on 40..19 Acres of Land in an R-4 Zoning District for Edgehill Subdivision, by .LU -B Tngiueers, Inc. Case No(s). H-2015-0005 For the City Council Hearing Dates of; January 19 and February 23, 2016 (Findings on March 8, 2016) A. Findings of Fact 1, Hearing Facts (see attached Staff Report for the hearing date of March 8, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 8, 2016, incorporated by reference) 3. Application and Property Facts (see attached StaffReport for the hearing date of March 8, 2016, incorporated by reference) 4, Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 8, 2015, incoiporated 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 (l,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 § I I -SA. 4. Dae 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 they a copy served by the Clerk upon the applicant, the Conununity Development Department, the Public 'Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS 01' 1,A.W AND DECISION & ORDF,R CASE NO(S). II -2015-0005 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 8, 2016, 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: The applicant's request for annexation and zoning is hereby approved with the requirement of a development agrocment containing the provisions listed in the Staff Report for the bearing date of March S, 2016, attached as Exhibit A. 2, The applicant's request for preliminary plat is heroby approved per the conditions of approval in the Staff Report for the hearing dato of March 8, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notico of Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat sball become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (LTDC 11-613-7A). Tex the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved prelimblary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted, With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code'1'itle 11.1f to above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 03-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be iivtiated prior to signature of the agreement by all parties and/or nary be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of :Final Action and -Right to Regulatory Taldngs Analysis CITY OF MERIDIANFINDINGS OF FACT, CONCLUSIONS OF LAW AM DECISION & ORDER CASE NO(5). H-2015-0005 -2- 1. The Applicant is hereby notified that pursuant to Idaho Code 678003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request inust be in writing, and must be tiled with the City Clerk not more than twenty-eight (28) days after the final decision concerrniiig the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Sudicial Review may be filed. 2. PIease false notice that this is a final action of the goveridng 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 alter the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Attached: Staff Report for the hearing date of March 8, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S), H-2015-0005 .3- By action of the City Council at its regular meeting held on the day of 2016, ( COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE, B ORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY do WFERD (TIE BREAKER) Attest; City nr 11) A 1,0 1 -4. A It 14 SEAL J'Etyce6jlolman City Clerk -------------- VOTED --j— VOTED IAA=k-- -10 VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, The Planning Division, Public. Works Department and City Attorney. Dated. CITY OF AffiREDIAN FMINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OPIDEP, CASE NO(S). H-2015-0005 -4- EXHIBIT A STAFF REPORT Hearing Date: February 23, 2016 (Continued fr-oin: Janum)� 19, 2016)(��WE , TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2015-0005 — Edgehill Subdivision — AZ, PP I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, J -U -B Engineers, Inc., has submitted an application for annexation and zoning (AZ) of 40.19 acres of land with an R4 zoning district; and a preliminary plat (PP) consisting of 116 building lots and 7 common lots on 40.19 acres of land for Edgehill Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & ZoninLy Commission heard these items on November 5, and December 17,, 2015. At the public hearing on December 17, 2015, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kristi Watkins, Applicant's Representative ii. 1n opposition; Linda Coffield; Susan Thompson; Ron Thompson; Ed Bird; Cindy Bird iii. Commenting: Paul Young; Terry Bennett; Kevin Petty; Chad Bullock; Dan Mortensen, Ron Paulson iv. Written testimony: Kristi Watkins, Applicant's Representative (in agreement with staff report), Steven Mortensen; Laurel and Terry Bennett; Ed and Cindy Bird; Gordon Hamilton, William's Pipeline; v. Key issue(s): Concern regarding hove the development will impact groundwater and wells in the area; Traffic generated from the proposed development and associated road/intersection (roundabout) improvements, Location of the access on Victory in relation to the Thompson's property to the north and possible slide -offs into theiryroperty; Type of fencing proposed along east boundary (prefer vinyl fencing to match existing fencing in the area and construction of a solid fence across the stub street); Preference of a lower density (fewer homes) for this site. vi. Staff presenting application: Sonya Watters & Bill Parsons vii. Otber staff commenting on application: None b. Key Issues) of Discussion by Commission: i. The Commission continued the project to December 17"' in order to allow time for the Traffic Im )act Stu TIS to be revised and AC11D time to review the revised TIS and issue a report; ii. The timing for street/intersection (roundabout) improvements, iii. The timing for extension of City water and sewer services to this site, Edgehill Subdivision -- AZ, PP H-2015-0005 PAGE 1 EXHIBIT A c. Commission Change(s) to Staff Recommendation: i, At staff's reauest, delete condition#1.1.2 as the preliminary plat was revised in accord with the conditions prior to the Commission bearing. d. Outstanding Issues) for City Council: L The applicant requests a waiver from Council to allow the Sundall Lateral to remain open where there are not street crossings due to its large capacity. The Meridian City Council heard these items on January 19 and February 23, 2016, At the public hearing on February 23Yd. the Council approved the subject AZ and PP request Summary of City Council Public Hearing: L In favor: Scott Wonders ii. I�gnosition: None Commentin'T: Norma Petty, Pa ul Yours : Kevin P M, Justin Lucas, ACHD,, Steve Jus iy- Written testimony, None y� Staff presenting application: Sonya Watters, Kyle Radek yi Other staff commenting on application, None ii Key issue(s) of Public Testimony h Concern regarding the continued delivery of irrigation water to downstream users: iL Safe pedestrian access along Victory Road for children walling to schook -c� Key Issues of Discussion by Council: L ^ ii, (Lok l K dock 4) in the Safety concerns for school first abase of deyeloninent: children in regard_to the_lack-of�sidewakki_aeross_the frontage of the Petty property along Victory Road between this development and iii, Kentucky Ridpe subdivision Leaving theSundall to the east Lateral open as a water amenity with a pathway along the north side connecting to the pathway to the east in Kentucky Ridge Estates Subdivision IL Kex Council Changes to Commission Recommendation L Council allowed the Sundall Lateral to remain open and not be piped due to its large capacity (see provision #1.1.1.e in Exhih B). ii. Council required the common area (Lot 15. Block 4) that contains the pedestrian jafh)xay along the north side of the Sundall Lateral and the tot lot to he-DaAtucted with the first phase of development prior to issuance of the first building Permit (see condition #1.1.8 in Exbibit I3), III. PROPOSED MOTION Approval Atter considering all staff, applicant and public testimony, I move to approve File Number 1-2015- 0005, as presented in the staff report for the hearing date of February 23, 2016, with the following modifications'. (Add iuly proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number 1-1-2015-0005, as presented during the [searing on February 23, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Edgehill Subdivision — AZ, PP H-2015-0005 PAGE 2 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of S. Linder Road and W. Victory Road at 1393 and 1405 W. Victory Road, in the NW % of Section 25, Township 3 North, Range 1 West. (Parcel No.'s: S1225223205 chi S1225223185) B. Owner: Bling, LLC 151 W. Galvani Dative, Ste, 100 Meridian, Idaho 53642 C. Applicant: Shawn Brownlee, Trilogy Development, Ire. 2358 S. Titanium Place Meridian, ID 83642 D. Representative: J -U -B Engineers, hie. 250 S. Beechwood, Ste. 201 Boise, In 83709 E. Applicant's StatcmcnKlustification: Please see applicant's narrative for this information. V. PROCESS FACTS A, The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 19 and November 2, 2015 (Commission); December 28, 2015 and January 11, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: October 15, 2015 (Commission); December 18, 2015 (City Council) D. Applicant posted notice on site(s) on: October 26, 2415 (Commission), January 11, 2016 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural property zoned RUT in Ada County, B. Character of Surrounding Area and Adjacent Land Use and Zoning: I. North: W. Victory Road and residential properties in Model Ruin Acres subdivision, zoned R1 in Ada County 2. East: Residential properties in Kentucky Ridge Estates subdivision, zoned R-4; and a rural residential property, zoned RUT in Ada County 3, South: Rural residential/agricultural property, zoned R-4 4. West: S. Linder Road and rural residential properties, zoned RUT and RI in Ada County C. History of Previous Actions; None Edgehill Subdivision - AG, PP 11-2015-0005 PAGE 3 EXHIBIT A D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist in S Linder Road near the intersection of W. American Fork Drive (W. Kodiak Drive). 2. Location of water: This parcel is currently not serviceable with domestic water. The development fails in Pressure Zone 5 in which there is currently no supply in the area. 3. Issues or concerns: The development of this subdivision is dependent on the extension of existing sanitary sewer trains, and grater services being available from the city's Pressure Zone 5, E. Physical Features: 1. Canals/Ditches Irrigation: The Sundall Lateral bisects this site. 2. Hazards: The Williams gas pipeline crosses the southwest corner of this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District VII. COMPREHENSIVE PLAN POLICIES AND COALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at ,gross densities of three dwelling units or less per acre. The applicant proposes to develop this 40.19 acre site with 116 single-family detached homes at a gross density of 2.59 dwelling units per acre (d.u./acre) and a net density of 4.54 d.u.lacre, which is within the density desired in LDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3,07.01E) The proposed loin density residential development mill contribute to the variety of housing aplirrns located within the Citv. Stur`is unaware how "affordable" the htrnres will be but they will contribute to the t-ange of available housing opportunities. "PerYnit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City," (3,01.0117) City services are available to be extended b), the developer to the proposed lots upon development of the site in accord rwith UDC 11-311-21. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.020) Street buffer landscaping is required along S. Linder Road and W. Victoq Road, both residential arterial streets, as set forth in UDC Table 11-2A-5 in accord with the standards listed in ULC 11 -3B -7C. Separate permits shall be obtained for signage and fencing. fencing shall conrplla with the standards listed in UDC 11-3A-7. Edgehill Subdivision - AZ, PP 1-1-2015-0005 PAGE 4 EXHIBIT A "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed low-densit3, residential development should he compatible with existing adjacent residential and agricultural rases. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total 81'4.02 acres (or 10%) of grudifred open space in accord ivith the re_quirenaents listed in UDCII-3G` 3. "Develop pathways to connect Meridian with Boise, Nampa, Duna, and Eagle." (6.01.020) A segment of the City's mcrlti-use pathway system is designated on the Vaster Pathways Plan across the southivest corner of this site which should eventually connect with pathways in adj'aceni f n-isdictions. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.0313) There is one pedestrian connection proposers at the south boundwy of the site, staff' recommends another pathway is provided cat the east houndai), to connect to the planned pathivacj, in Kentucky Ridge Estates subdivision. "Review new development for appropriate opportunities to coinfect local roads and collectors to adjacent properties (stub streets). (3.03.020) There are no existing stub streets to this property. The proposed plat depicts stub streets to the east and south fir fttaare extension and interconneetivihp. hi accord with the above analysis, staff finds the proposed development is consistent with the density and land use desired within this area of the City and consistent titrith the goals of the Cbnrprehensive Plan. 'III. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: 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 distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly Iisted, or listed as a prohibited use is prohibited. The proposed use of the site,for single- fiainily detached dryellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 1 I -2A-5 for the RA zoning district. E. Off Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Ed.aohill Subdivision - AZ, PP 1-1-2015-0005 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 40.19 acres of land with an R-4 zoning district. As discussed above in Section VII, staff believes the proposed zoning is consistent with the policies in the Comprehensive Plan and the FLUM designation of LDR. The applicant proposes to develop 116 new single-family residential detached homes on the site as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. hi order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 116 building lots and 7 common lots on 40.19 acres of land in a proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 2 phases, beginning at the north end of the site as shown on the phasing plan in Exhibit A.2. The gross density for the subdivision is 2.59 d.u./acre with a net density of 4.54 d.u./acre with an average lot size of 9,586 s.f., consistent with the FLUM designation of LDR. Existing Structures: There are existing structures on this site that are required to be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the proposed plat and found the following lots do not comply with the R-4 standards: Lots 6 & 15, Block 2; Lots 2123 & 25, Block 4; Lots 19 & 25, Block 5; and Lot 11, Block 6 do not comply with the minimum street frontage requirement of 60 feet; Lots 4 and 5, Block 1, do not comply with the minimum square footage of 5,000 s.f.; and the lot square footage is not depicted for Lot 21, Block 5 and Lots 6 & 7, Block 7. Block Length: The plat is required to comply with the block length standards listed in UDC 1I - 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards, axcept for the face of Block 5, which is approximately 1,055 feet. Block faces are allowed to exceed 750 feet if a pedestrian pathway is proposed in which case the block can extend up to 1,000 feet. A pedestrian pathway is provided; however, the block exceeds the 1,000 foot maximum. Therefore, the configuration of the block should be revised to comply with the aforementioned requirement. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed for this site via one access from W. Victory Road and one access foul S. Linder Road in accord with UDC standards. Direct lot access is prohibited via S. Linder Road and W. Victory Road. Based on the Traffic Impact Study (TIS), ACRD is requiring the constriction of a center turn lane at the Highgrade Avenue/Victory Road intersection. Uphill Subdivision - A -Z, PP 13-2015-0005 PACE 6 EXHIBIT A Streets: All of the proposed streets depicted on the plat are public. Stub streets are proposed to the adjacent properties to the east and west for future extension. A future roundabout is depicted on the Master Street Map at the Linder/Victory Road intersection. Williams Gas Pipeline: A 1130+/- foot long section of the Williams pipeline crosses the southwest corner of the site. The Williams 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. The proposed plat depicts a 75 -foot wide right-of-way/easement for use by the pipeline company. This easement encroaches on Lots 9-11, Block G; staff recommends the easement be located within a common lot and not within buildable lots. An encroachment permit is required for any development/improvements within the pipeline easement. All development shall comply with the Williams Gas Pipeline Developers' Handbook, Traffic Impact Study (TIS): A TIS was required by ACRD for this development. Stafftivas notified liy ACHD that the TIS came hack fr-om revie iv with errors in it, so it ivill meed Io he corrected prior to ACHD completing their staff`report. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC I t -3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25 -foot wide street buffer is required along S. Linder Road and W. Victory Road, both residential arterial streets, per UDC Table 11--2A-5. Landscaping is required to be provided within the buffers in accord with the standards listed in UDC 11 -3B -7C. Additionally, because Linder and Victory Roads are not within ACHD's Five Year Work Plan to be widened, a 10 -foot wide compacted gravel shoulder meeting the construction standards of ACHD and landscaping (lawn or other vegetative groundcover) is required to be provided if the unimproved right-of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property line in accord with UDC 11 -3B -7C.5. A license agreement with ACI1D is required for any improvements within the right-of-way. Landscaping within the conuuon areas is required in accord with the standards listed in UDC I I - 3G -3E, Landscaping is required along all pathways in accordd with the standards listed in UDC 1 l -3B- 12C. Landscaping is proposed along the micropaths depicted on the plat; landscaping should also be included in the micropath required to the property to the east and along the multi -use pathway along the Williams pipeline. If the Williams pipeline does not allow landscaping within their easement, provide an additional S feet outside of the easement for landscaping on both sides. Tree Mitigation: The City Ai-borist, Elroy Huff, has visited the site to confirm mitigation requirements. There are a total of 14 existing trees totaling 1.59 caliper inches that are proposed to be removed with development that require mitigation, there are also other existing trees that are proposed to be removed that do not require mitigation. Mitigation information should be included on a revised landscape plan in accord with the standards listed in UDC 11-313- 101:.5. Parkways: Parkways are not proposed within this development. Open Space: A Minimum of 10% qualified open space is required to be provided for this development in accord with UDC I1 -3G -3A.1. Based on the area of the preliminary plat (40.19 acres), a minimum of 4.02 acres of qualified open space is required to be provided as set forth in Edgehill Subdivision AZ, PP 14-2015-0005 PAGE 7 EXHIBIT A UDC 11 -3A -3B as proposed. Qualified open space within the development consists of half of the area of the street buffers along Linder and Victory Roads and internal common open space areas that are at least 50' x 100' in area. Detailed calculations should be depicted on the landscape plan that demonstrates compliance with the qualified open space requirements listed in UDC 11 -3G -3B. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC I I.3G-3A.2, in accord with the standards listed in UDC l 1 -3G -3C. Based on the area of the preliminary plat (39.76 acres (excludes Linder and Victory right-of- way), a minimum of 2 qualified site amenities are required to be provided. The applicant proposes to provide a tot lot on Lot 15, Block 4 as a site amenity. The tot lot should be depicted on the landscape plan and a detail of the play equipment should be submitted. As additional amenities, staff recommends a short segment (180+/ feet) of the City's regional pathway system is constructed along the Williams Pipeline as designated in the Pathways Master Plan; and a pedestrian pathway is provided from the east boundary of the site to the northwest corner of the site along the north side of the Sundall Lateral. Pathways: Pathways should comply with the standards listed in UDC 1 t -3A-8 and 1 I -3B -12C. The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the Williams pipeline. A 10 -foot wide pathway is required to be constructed in this location with development. A recreational pathway easeinent for the pathway is required to be submitted to the Park's Department, approved by City Council and recorded. The applicant should coordinate the location and details of the easement with Jay Gibbons, Park's Department (888-3579). A pathway connection is proposed at the south boundary for firhu-e extension and through Block 5 for pedestrian access to the common area on Lot 15, Block 4. A pathway stub was approved with Kentucky Ridge Subdivision to this site at the east boundary on the north side of the Sundall Lateral. Common area should be provided at the south end of Lot 7, Block 3 in order to provide a minimum 5 -foot wide pathway connection in alignment with the pathway approved to the east. This pathway should extend along the Sundall Lateral to the northwest corner of the site as a site amenity as noted above. Four -foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H. The landscape plan should be revised to include lighting along pathways in accord with this requirement. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide detached sidewalks along S. Linder Road and W. Victory Road and 5 -foot wide attached sidewalks along local streets within the development in accord with UDC standards. Utilities: 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. At this time, this development is not serviceable by the Meridian water system. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An ru-iderground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A--15. A pressure irrigation pump station is proposed within Lot 1, Block 2 at the northwest corner of the site. The system will be operated and maintained either by the Boise Project Board of Control or the Idomeowner's Association, Edgehill Subdivision — AZ, PP 11-2015-0005 PAGE 8 EXHIBIT A Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances, Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Storntwater is proposed to be retained onsite in seepage beds. Waterways: The Sundall Lateral bisects this site east to west, The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in LTDC 11 -IA -1) or linear open space, The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Sundall Lateral to remain open where thele are not street crossings due to its large capacity. [NOTE: During the approval of the Kentuelcy Ridge (jka Revolution Ridge) project to the east, the Council allowed the Sundall Lateral to remain open due to its large capacity.l If'Council grants the applicant's request for a waiver to allow the Sundall Lateral to remain open, it will either need to serve as or be improved as part of the development to be a water amenity as defined in UDC. 11-1A-1, Otherwise, the waterway shall be required to be fenced with an open vision fence at least 6 feet in heightand having an I1-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC I 1 -3A -6B. Floodplain: This property does not lie; within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted 7 conceptual sample building elevations for future homes in this development, included in Exhibit AA, Building materials appear to consist of a nix of horizontal and vertical lap and shake siding with stone accents and asphalt shingles. Because homes on lots that back up to S. Linder Road and W. Victory Road will be highly visible, staff recommends the rear or sides of structures on lots that face these streets incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break tip monotonous wall planes and roof lines. Fencing: All fencing should comply with the standards listed in UDC I 1 -3A -6B and 11-3A-7. The landscape plan does not depict fencing; however, the applicant proposes to construct 6 -foot tall vinyl fence along the frontage of Victory and Linder Roads; 4 -foot tall vinyl fence along pathways and open space conunon areas; open vision urought iron fencing along the canal; and 6 -foot tall cedar fence along the eastern and southern boundaries. Fencing details should be included on a revised landscape plan as proposed. In sunimmy, Staff recommends approval of the proposed armexatior7 and preliminmy plat request for this site with a development agreement and the reconrtnended conditions listed in Exhibit B of this report in accord ivith the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: x9/10/15-1 1/5/2015) and Phasing Plan - REVISED 3. Proposed Landscape Plata (dated: "�r^�•� 11/3/2015) - REVISED 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Edgehill Subdivision - AZ, PP H-2015-0005 PAG13 9 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map LYhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 9/10/15 11/5/2015) and Phasing Plan - REVISED -eu IE,L-T 1,0 Uig EDGEHILL SUBDIVISION -- = _ , C 3 GT P JIM QUARTER OF 25. SITIJAiED IH ME WRTHNE©TQIKITER OF 111E 6Y.?tdTIfNESSU 70yrP5hA�RR, RWiGE 11'1E5T. - eoeEuxctA - CITY OF NiERIDIAN, ADA COUNTY, IDAHO d Il .li ; 2015 o-1 � qn>r¢ l P scuelurC* i 41GBeiY WF c r' „1 r i��_ �T �r:a•iR'r I]' R.• f 1 ,,, MEET INDEX /-77 6' `/ 1 1 tl � T •v � / fr_c TT � f 44 -- 1, 26 . „� �`, 4. `vim „�% r, 15 t1 i ! T 19 r�/ •.., tee, nom 20 /huh4f\4 5 -.. � \'\\/ rnr tFee;o -. 1 252 C3� ars, t c r I ➢i u.'..,, �— EU£ 2 r aim 9 9/ l] T: ;r 19 1�Ilk, yrtr x5'r N T•] !u I] tG 16 tI lI _._ a a I% I :' c [�T It r .E, � Q _ I _ I 5 � C'1 a:eR L P 1K+bEYCR Tunt NI m. — II •�<, z.E C -UD. E t'F-s:�-F4 1.c. i.+urnCE�EI CFE�,Ti\I.EP CNt. ENWiEF1 r:rz PP -01 Exhibit n Page 2 EXHIBIT A q ,� / ♦ •`:. i.i SFA q5� �1 1 Ik J ,y 3 Exhibit A Pago 3 EXHIBIT A V-4 PHASE 1 '55 LOTS x. 'PH ASE 2' 61 LOTS RIP, I Exhibit A Page 4 EXHIBIT A 2. Proposed Landscape Plan (dated: Mwvh-204-5 11/3/2015) - REVISED ELl'.1 A —E t-� EDGEHILL SUBDIVISION CITY Or MERIDIAN, ADA COUNTY, IDAHO 20116 ONV14EP-1 DEVELOPER LANW�.---APE DESUGMER LANDSCAPE ARCHITErJ Exhibit A Page 5 LP -000 EXHIBIT A 3. Conceptual Building Elevations -2� EXHIBIT A EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval L I , l A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption; and the developer. 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 two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to S. Tinder Road and W. Victory Road, both arterial streets, is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the conditions noted in the staff report. c. The rear or sides of structures on lots that face S. Linder Road and W. Victory Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. d. A l0 -foot wide multiuse pathway and associated landscaping shall be constructed along the Williams pipeline at the southwest corner of the site in accord with the Pathways Master Plan. e. TheitC unciLat�pro�e�isZwaiverox_�*�r; ,^+ �',^*�^ the segment of the Sundall Lateral that crosses this site to remain open and not be piped or_otherwise covered due to its large capacitin accord with UDC 11-3A-GA.3, • i� : �btainedzr oHne-il. £ The developer shall provide a minimum of 4.02 acres (or 10%) ofqualifiecl open space within the development in accord with the standards listed in UDC 11 -3G -3B. g. The developer shall provide a tot lot with playground equipment within the central common area on Lot 15, Block 4; a segment of the City's multi-tlse recreational pathway along the Williams Pipeline; and a pedestrian pathway along the north side of the Sundall Lateral from the east boundary connecting to the pathway in Kentucky Ridge Subdivision to the northwest corner of the site in accord with the site amenity requirements listed in UDC l 1 -3G -3C. h. An encroachment permit is required for any development/improvements within the Williams pipeline easement. All developmentshall comply with the Williams Gas Pipeline Developers' Handbook, 1.1.2 The preliminary plat included in Exhibit A.2, dated niter 11/5/2015, �'��" �� ^ .:� ,' as follows. -- a. Revisenote #12 as is a roved as revised. . " shall bJnr aeeor-dance with the Git), of Meridian stmidafds in effeet at the fiffle of development and are as shovm by the tables on this plan," Also, delete the Lot Setbaek Requirements table. v. bets 6 A 15, tlo Ek 2 Lois 7�1 2�-c25, nID& A, Lots 19 P?r, look 5; aflrLot -11, glue l,.,ll 1,.,,,,, . rninimtim st, eet f outage of 60 feet;• footage of Let 2 1, Blook 5; and Lots 6 & 73 Bleek 7. -3- EXHIBIT A °w:�-r�v-75 the Will ., C-onlinon lot. z , Week 3 in order- to provide a inininiun T5'a t: , 1~e+,+e Sti all :.,� the-still di 1r rte.=-Qarcrrrncl W44en4he-comineiarea on Le l Sj le�lf ll i313f1 bat 1 a l lHe F' "z ai a e lateral ileea ,,.•,l.',,.rl., 1.1.3 The landscape plan included in Exhibit AA, dated September 3, 2015, shall be revised as follows: a. Depict a I0 -foot wide multi -use pathway within the Williams pipeline in accord with the Pathways Master Plan; landscaping is required along the pathway in accord with the standards listed in UDC 11 -3B -12C. If lCilliains Pipeline hill not allow, landscaping within their easement, provide additional width outside ofthe easement for landscaping. b. Include fencing adjacent to all micropath connections to distinguish common from private areas, per UDC 11 -3A -7A.7. Fencing adjacent to all interior• pathways and connn.on open space is restricted to 4 feet in height if closed vision material is used or 6 fi?et in height if open vision material is used. c. If Council grants the applicant's request for a waiver to allow the Sundall Lateral to remain open, it will either need to serve as or be improved as part of the development to be a water amenity as defined in UDC l 1-1 A-1. Otherwise, the waterway shall be required to be fenced with an open vision fence at least 6 feet in height and having an I 1-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11 -3A -6B. d. Include detailed calculations that demonstrate compliance with the qualified open space requirements listed in UDC 11 -3G -3B. e. Depict 4 -foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible fi-om a public street as set forth in UDC 11 -3A -8H, unless otherwise waived by the Director. Such lighting shall be shielded from adjacent residences. f. Provide common area at the south end of Lot 7, Block 3 in order to provide a minimum 5 - foot wide pathway connection to the planned pathway at the east boundary in Kentucky Ridge Estates subdivision. TIlis pathway shall extend to the northwest corner of the site along the north side of the Sundall Lateral. Widen the coininon area on Lot 15, Block 4 and Lot 1, Bloch 2 along the lateral accordingly. g. The 75 -foot wide easement for the Williams pipeline shall be located within a common lot. h. A 10 -foot wide compacted gravel shoulder meeting the construction standards ofACHD and landscaping (lawn or other vegetative groundcover) is required to be provided along S. Linder Road and W. Victory Road if the unimproved right-of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property lime in accord with UDC 11 -3B -7C.5. A license agreement will he required with ACHD for any irnprovernents within the right -of rvaj�. i. Mitigation information shall be included for the 159 caliper inches (as determined by the City Arborist) of trees proposed to be removed from the site in accord with the standards listed in UDC; 11-313-10C.5. -4- EXHIBIT A j. Include a 5 -foot wide pedestrian pathway within Lot 12, Block 6 and Lot 7, Block 5 and wherever else pathways are proposed within the development. k. Depict the tot lot within Lot 15, Block 4 and pathways. Also include a detail of the play equipment, 1. Depict 6 -foot tall vinyl fence along the frontage of Victory and Linder Roads; 4 -foot tall vinyl fence along pathways and open space common areas; open vision wrought iron fencing along the canal; and 6 -foot tall cedar fence along the eastern and southern boundaries as proposed. 1.1.4 A 14 -foot wide recreational pathway easement is required to be provided within the Williams pipeline easement For the multi -use pathway. The applicant shall coordinate with Jay Gibbons, Park's Department (208-888-3579), on the location of the easement. The easement should be submitted to the Park's Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.1.5 An encroachment permit is required for any development/improvements within the Williams pipeline casement, All development shall comply with the Williams Gas Pipeline Developers' Handbook. 1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC I 1-3A-7 and I 1 -3A -6B. 1.1.7 The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer, 1.3_. the otntnon at ea (I-ot15,_131ock9� that coart lns th__ pe eestrLii�athway_al_on tliemoAlt sicle of the Sru1da11 Lateral and the tot lot shall be constructed with the first phase of develo ttp lent prior to issuance of the first building- pernit. Der requirement of the City Council. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC I 1-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC I I -3A-21 and 11-311-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC I I -3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC I 1 313- 7C. 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313- 1 1C. 1,2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. -5- EXHIBIT A 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2,13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3,1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in LrDC 1 1-3B-5; UDC 1 i -3B-13 and UDC l 1-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C, 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 14,4 The applicantshall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613- 713 (if applicable). 1.4,5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1,4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 313-14A. -6- EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 The proposed 8 -inch diameter sewer mainline in Linder Road will need to be upsized to match the sewer master plan. A 15 -inch diameter mainline will be required from W. American Fork Drive (W. Kodiak Drive) south 2200 feet to the master plan manhole north of W. Eggers Place. From this point South to Victory Road the line will need to be 12 -inch in diameter. The 8 inch line in Victory Road is sufficient. 2.1,2 This parcel is currently not serviceable with domestic water. The development falls in Pressure Zone 5 in which there is currently no supply in the area. Zone 5 water will be available to the parcel with the construction of both a cite water line project and the construction of future phases of the Biltmore Subdivision, including off-site improvements, The City project is projected to be constructed in 2016. Biltmore improvements are dependent on the developer's schedule. 2.1.3 A street light plan will need to be included in the final plat application. 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;//Nv-�vw.meridiancity,org/public_works.aspx`lid=272. The plan will need to include Type 1 lighting along the frontages of Linder and Victory Roads in addition to Type. 2 lighting on the subdivisions internal streets. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard Torr ns of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2,2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursernent agreement for infrastructure enhancement per MCC 8-6-5. 2.2,3 The applicant shall provide casement(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-fect wide for a single utility, or 30 -feet wide for two, The easements shall not be dedicated via the plat, but rattier 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 8112" x 11" neap 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. 2.2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The 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 prior to receiving development plan approval, 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. -7- EEXHIBIT A 2.2.6 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 1 1-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-14 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 (203)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2. 10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, ctc., prior to signature on the final plat. 2.2,11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of all irrigation district or ACIID. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.217 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. -9- EXHIBIT A 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the developntent plan set for approval, which must include the location of any existing street lights. 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 on the city of meridian Public Works Department's website at http://www.meiidiancity.org/ptiblie_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a perfoitr<ance surety in the aunount 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. 2.2.23 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 887-221. 3. POLICE DEPARTMENT a. The Police Department has no continent on this application. 4. FIRE DEPARTMENT a. Final Approval of the fire hydrant locations shall be by the Meridian fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 Y2" outlet face the mahi street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fie Hydrants shall be placed on coursers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fite hydrants shall be placed 18" above finished grade to the center of the 4'/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. b. All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. C, Flisure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. d. Fire lanes, streets, and structures (including the canopy height of mature trees) shall Have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. -9- EXHIBIT A e. Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to he installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to WC 10-4-2J. E The fire department requests that any fixture signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES 5.1 Republic Services has no continents on this application. 6. PARKS DEPARTMENT 6.1 Meridian's adopted Pathways Master Plan indicates a multi -use pathway along the Williams Pipeline at the southwest corner of the site. The developer shall construct a 10 foot wide multi- use pathway and coordinate the location of such with the Jay Gibbons, Park's Department (208- 888-3579). 6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway casement covering the required multi -use pathway along the Williams Pipeline for signature and recordation by the City. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHAVAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 35 -feet of right-of-way from the east property line west approximately 1,087 -feet increasing to approximately 72 -feet of right-of-way from centerline of Victory Road abutting the site. 7.1.2 Construct a center turn lane at the Highgrade Avenue/Victoiy Road intersection. Coordinate the design and location of the center turn lane with ACRD staff prior to final plat. 7.1.3 Construct Victory Road with minimum 17 -feet of pavement from centerline and 5 -foot wide sidewalk located minimum 32 -feet from centerline to face of sidewalk abutting the site. 7.1.4 Provide a permanent right-of-way easement for any public sidewalks placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 -feet behind the back edge of the sidewalk, 7.1.5 Dedicate 48 -feet of right-of-way frons the south property line north approximately 1,094 -feet increasing to approximately 72 -feet of right-of-way from centerline of Linder Road abutting the si te, 7.1.6 Construct Linder Road with minimum 17 -feet of pavement from centerline and 5 -foot wide sidewalk located minimum 44 -feet from centerline to face of sidewalk abutting the site. 7.l .7 Construct a new local road, llighgrade Avenue, with a 10 -foot wide by 150 -foot long landscape median within 66 -feet of right-of-way at the entrance to Highgrade Avenue and Victory Road. The travel lanes are 22 -feet wide on each side of the median. -10- EXHIBIT A 7.1.8 Construct a new local road, Topedge Street, a 10 -foot wide by 180 -foot long landscape median within 66 -feet of right-of-way at the entrance to Topedge Street and Linder Road. The travel lanes are 22 -feet wide oil each side of the median. 7.1.9 Construct the internal local streets as 36 -foot street sections with rolled curb, gutter, and 5 -foot attached sidewalks, within 50 -feet of right-of-way. 7.1.10 Construct a new local street, Higligrade Avenue, to intersect Victory Road approximately I;250 - feet east of Linder Road., 1,377 -feet west of Kentucky Way, 490 -feet east of Model Farm Drive, and 510 -feet west of Cobble Way. 7.1.11 Construct a new local street, Topedge Street, to intersect Linder Road approximately 680 -feet south of Victory Road, 7.1.12 Construct all internal local streets to provide a minimum offset of 125 -feet from any other local street and a minimum offset of 330 -feet from any collector roadway. 7.1.13 Constrict one stub street, Higligrade Avenue, approximately 725 -feet east of Linder Road, 140 - feet in length, and south to the adjoining property, Install signage at the terminus of the stub street(s) stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.14 Construct 3 cul-de-sacs with a 52 -foot turning radius. 7.1.15 Submit the bridge plans for the crossing of the Sundall Lateral for review and approval prior to the prc-construction meeting and final plat approval. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited fiom being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA com lianee to District Development Review staff for review; 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or casement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DTGLINE (1-811-342-1585) at least two Bull business days prior to breaking ground within ACHD right-of-way. The applicant shall -11- EXHIBIT A contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6259 (with file numbers) for details, 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACH prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD, The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -12- EXHIBIT A 7.2.13 C. Legal Description & Exhibit Map for Annexation Boundary TW CJUBI ,z'� cRovv ; mc, J•U'B ENGINEERS. INC. Edgehill Subdivision Boundary Description Project Number 10-15-050 September 29, 2015 The northwest quarter of the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the northwest corner of Section 25, Township 3 North, Range i West, Boise Meridian, which bears N89°20'35"W, 2640.25 feet from the north quartet -section corner of Section 25. Thence S89°20'35%,1320.05 feet along the north line of the northwest quarter of the northwest quarter to the northeast corner of the northwest quarter of the northwest quarter, Thence 500°3223"W, 1324.69 feet along the east line of the northwest quainter of the northwest quarter to the southeast corner of the nurthwest quarter of the northwest quarter, Thence N69"23'22"W, 7321,$3 feet along the south line of the northwest quarter of the northwest quarter to the southwest corner of the northwest quarter of the northwest quarter; Thence N00"37'16"E, 1325.76 feet along the west line of the northwest quarter of the northwest quarter to the POINT Of BEGINNING. The above described parcel contains 40.19 acres, more or less_ -13- EXHIBIT A II I - (j W. victory Rood — — — 4— — — — — — -- — 264{7,25' N-1 /4 2 589'20'35E 1320.05' — — — — . — — . — — -589'20'35"E 1320,20' __— II II II I I _ II II 4�-12520 o 'n d m I a� �p ( M of b C-0 I N I I N M O II I I I I ( I I �A LAND s i 134 I N89'25'22'iV 1321.93' I 4, fC�q OF�p�P'�� Edgehill Subdivision / 3 Boundary Discription y _--,•'" Tho Northwest Quarter o1 the Northwest Quarter of Section 255, j,uagMG1Nans,INC Township 3 North, Range 1 West, Bolsa Meridien, Ada County, Idaho WE 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 Applicant is proposing to annex the subject 40.19 acre property with an R-4 zoning district and develop 116 new single-fa►Wily residential homes. The Council funds that the proposed map amendment complies with the FLUM and the provisions of the Comprehensive Plan and should be compatible with adjacent residential and agricultural uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential 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 map amendment will not be detrimental to the public health, safety, or welfare. Cite utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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 11-0-3.E), The Council finds annexing this property with an R4 zoning district is in the best interest of tine City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is Comprehensive Plan in regard to land use Comprehensive Plain Policies and Goals, information, in substantial compliance with the adopted transportation, and circulation. Please see Section VII, of the Staff Report for more b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds this parcel is currently not serviceable with domestic water. (See ] xhibit B of the Staff Report for more details fronn public set -vice providers.) -15- EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers contained in Exhibit B, the Council finds there is public fiulancial capability of supporting services for the proposed development. e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACI ID considers road safety issues in their analysis. Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Second Addendum Development Agreement Second Addendum Development Agreement for Grace at Fairview Lakes (H 2016- 0044) with Doug Tamura and Grace at Fairview Lakes, Located at 1960 N. Lakes Place in the southeast 1/4 of Section 6, Township 3 North, Range 1 East, Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113891 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 11/23/2016 10:51 AM CITY OF MERIDIAN, IDAHO NO FEE SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1, City of Meridian 2. Doug Tamura, Owner 3, Grace at Fairview Lakes, Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this_ day of 2016, ("SECOND ADDENDUM'% by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33.E, Broadway Avenue, Meridian, Idaho 83642 and Doug Tamura, ("OWNER") whose address is 1.124 Santa Maria Drive, Boise, Idaho 83712 and Grace at Fairview Lakes, ("DE'VELOP.ER"), whose address is 1960 N. Lakes Place, Meridian., Idaho 83641 RECI'T'ALS A. CITY and OWNER and/ or DEVELOPER entered into that certain Development Agreement that was recorded on December 2, 2002 in the real property records of Ada County as Instrument No, 102143306 ("DEVELOPMENT AGREEMENT") and a First Addendum to Development Agreement that was recorded on June 13, 2003 in the real property records .of Ada County as Iinstrument No. 103097614 B. CITY and OWNER. and/or DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in .accordance with Idaho Code Section 67-651.1. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 1, O WNERIDEVELOPER shall be bound by the terms of the Development Agreement and First Addendum to the Development Agreement, except as specifically amended in Section 4, as follows: 4. USES PERWTTED BY THIS AGREEMEINT: 4.1 The uses allowed pursuant to this SecondAddendum are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (F, H, K) which are herein specified as follows: SECOND ADDENDUM TO DEVELOPMENT AGREEMENT - FATRVIEW LABS, MDA H 2016-0044 Page 1 of4 Construction and development of the 24.29 acres are as follows: The northernmost 4.63 acres as R-15; the 4.13 acres as R-40; the 1.74 acres as C -N, and the remaining 13.79 acres, adjacent to ,Fairview Avenue as C G, with the intent to develop and construct an 87 unit assisted livingfacilify and a 30 unit memory care, facility for the proposed northern 4,63 acres. The 4.13 acres zoned R-40 will be used to build and construct a professional office park, The applicant proposes that the southern portion be developed as a commercial building site, including a fast foot establishment, two banks, three commercial buildings, and an office building. Development shall be consistent with the Meridian Comprehensive Plan Future Land Use Map which designates the property as Mixed --Tse — Community, and go through the planned development -process and as conditional uses. 2, That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be, subject to de -annexation if the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this Second Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Second Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Second Addendum shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Second Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Second Addendum. 4. If any provision, of this Second Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised frorn this Second Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City -relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein, Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Second Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT- FAIRVIFNV LAKES, MDA H 2016-0044 Page 2 of4 a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modifed or amended within the approval of the City Council after the City has conducted.public hearing(s) in accordance- with the notioe provisions provided for a zoning designation and/or amendment to force at the time of the proposed amendment. 6. This Second Addendum shall be effective as of the date herein above writtem. 7. Except as amended by the Second Addendum, all terms of the previous Agreements shall remain in full force and effect. ACRN OWLEDG•MENii''S IN WITNESS WHEREON, the parties have herein executed this agreement and made it effective as hereinabove provided, OWNER: CITY OF MEWpIAN Mayor Ta6y(y de Weerd DE,VELOPF,R: Grace at rview Lakes 03 ATTEST: I�l� �j w coq 0 ���,* *� _ KCity lerk 4scREaP C,9 l E? $ECOND ADDENDUM TO DEVELOPMENT AGREEMENT - FAIRvimv LAKES, MDA I•I 2016.0044 Page 3 of 4 STATE OF IDAHO . ss; County of Ada, On this_ItA day of,>%1CM)O'j/ , 20.1.6, before me, the undersigned, allotary Public in and *for said State,.personally appeared Doug Tamura, known or Identified to me to be the person who signed above, and acknowledged to the that fie 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 writt6h, (SE JESSICA L. DAVIS No ry Public for Idaho NOTARY PUBLIC esfding at; I STATE OF IDAHO My Commission Expires;' 217b 1 20 STATE OF IDAHO ss: County of Ada, On this - 7 day of td✓�2016, before me, the undersigned, a Notary Public In and for said State, personally appeared J 0 1 U , known or identified to me to be the 0m)I.Ly of Grnee at i4afrwiew Lakes, and acknowledged to me that he executed the same on behalf ofsaid Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d and year In this certificate first above written, (SEAL) N ry Public.for lda n Rte iding at � 6 YVONNE MCF'AR AND My Commission Expires: STATE OFcNOtary Public 9 �ff Id�hb ss Cotinty of Ada ) On this day of._]D j/Q�j—., 2016, before jne; a Notary Public, personally appeared Tammy do Weerd and tes, know or identified to me to be the Mayor and Clerk, respectively, of the ert(lan, who executed the instrument or the person that executed the instrument on behalfofsaid City, and acknowledged to me that such City executed the same: 1N WITN8S8 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year. In this certificate first above written. (SEAL) l Notary Publi for d ho � Residing at; Commission expires: SECON))ADbENDUM.TO D1 VELOPMENT AGREEMENT- PATRVI>;w LAKPS, MDA 142016.0044 Page 4 of4 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Verado Subdivision No. 1 Final Plat Approval for Verado Subdivision No. 1 (H-2016-0122) by DevCo., LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road MEETING NOTES 9 APPRO-0-101- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 22,2016 ITEM TITLE: Task Order 10022.0 ITEM NUMBER: PROJECT NUMBER: 51 Approval of Task Order 10022.0 to Brown and Caldwell for the "WRRF FACILITY PLAN UPDATE FY 2017" project for a Not -To -Exceed amount of $497,073.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EN DIAN�- Public � D A HON, Works Department TO: Keith Watts FROM: Clint Dolsby Assistant City Engineer DATE: October 3, 2016 Mayor Tammy de Weerd City Council Memberse Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: TASK ORDER 10022 WITH BROWN AND CALDWELL PURSUANT TO THE MASTER AGREEMENT CATEGORY 2A, APPROVED OCTOBER 1, 2014, FOR THE WRRF FACILITY PLAN UPDATE FOR A NOT TO EXCEED AMOUNT OF $497,073.00. I. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. Staff Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Mike Pepin, Deputy PW Director 489-0355 Dale Bolthouse, PW Director 489-0257 II. DESCRIPTION A. Backaround The City of Meridian (City) is upgrading the Meridian Wastewater Resource Recovery Facility (WRRF) to increase the level of treatment to meet expected lower National Pollutant Discharge Elimination System (NPDES) permit limits for total phosphorus (TP) and ammonia. In order to properly plan for both short - and long-term improvements necessary to meet these NPDES permit requirements, the City is completing a Facility Plan Update to replace their previous facility plan completed in 2012. This facility plan update will satisfy the Idaho Department of Environmental's rule that states, "all existing municipal wastewater treatment or disposal facilities undergoing material modification or expansion, are required to have a current facility plan." B. Proposed Project The facility plan will document the plant improvements completed to date and will serve to provide the necessary planning and alternative evaluation Page I of 2 documentation. It will provide a path forward to meet the NPDES Permit limits and fulfill IDAPA 58.01.06- Wastewater Rules, §410—Facility and Design Standards for Municipal Wastewater Treatment or Disposal Facilities—Facility Plans for meeting wastewater treatment needs until 2036, taking into consideration conditions envisioned to build -out of the planning area. The facility plan will include a capital improvement plan through 2028 and identify preferred wastewater and biosolids treatment and disposal options. III. IMPACT A. Fiscal Impacts Funding is available in the Public Works Engineering Professional Services budget for this task order. The value of the task order with Brown and Caldwell is $497,073. There is currently $675,000 available in the Engineering Professional Services account. Project Costs: Fiscal Year 2017 Total Project Cost $497,073.00 Available Project Funding Fiscal Year Account Code / Codes Available Funding 3210-55080 $675,000 00 Total Funding Required $497,073.00 B. Time Constraints Council's approval will allow this critical project at the Wastewater Resource Recovery Facility to be completed this fiscal year. Departmental Approval:` 6F Page 2 of 2 TASK ORDER NO. 1OO22.C Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN crry oF MERtDtAN (OWNER) AND BROWN AND CALDWELL (ENGTNEER) This Task order is made this 22"d day of November, 2016 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", and accepted by BROWN AND CALDWELL hereinafter referred to covenant and conditions contained in above mentioned parties dated Octob is as follows: as "Engineer'' pursuant to the mutual promises, the Master Agreement (Category 24) between the er 1,2014. The Project Name for this Task Order The City of Meridian (City) is upgrading the Meridian Wastewater Resource Recovery Facility (wRRF) to increase the level of treatment to meet expected lower National Pollutant Discharge Elimination system (NPDES) permit limits for total phosphorus (Tp) and ammonia. ln order to properly plan for both short- and long-term improvements necessary to meet these NPDES permit requirements, the City is completing a Facility Plan Update to supplement their previous facility plan completed in 2012. This Facility Plan Update will also serve to prepare the necessary planning and alternative evaluation documentation needed for regulatory approval and will incorporate all portions required by ldaho Department of Environmental Quality. The Facility Plan Update will include the following tasks: Task 1 - Project Management Task2-FacilityPlan SCOPE OF WORK Task 1 Project Management Objective. To manage, administer, and provide ongoing coordination for utilization of resources for the project. This task includes technical and financial management of the contract and acting as liaison with the City, operational staff, and project team. Task Order 10022.C WRRF Facility Plan Update FY 2017 Brown and Caldwell WRRF Facility Plan Update FY 2017 PROJECT UNDERSTANDING Page '1 of 10 Approach. lvlajor activities include the following: All communication from the consultant regarding the project will include the city project manager (PM) or designee. The city pM will be responsible for coordinaiing andproviding all review comments and the resolution of all issues to the Enginee; in a timely manner (typically 14 calendar days for design review); all other deiisions will be provided to the Engineer within 7 calendar days or less. ihe Engineer pM will be responsible for drafting meeting minules. The Engineer will document any and all requested changes to the scope of work using a Project change Request form. The Engineer pM wili collaborate with the city pN/L to develop an approach for addressing the change(s). The city pM will review all changes for approval and provide the Engineer with written approval prior to modifying the existing scope, schedule, or budget and prior to proceeding with any new or unscoped work activities. Attend project kickoff meeting with City staff via conference call. Attend up to four coordination meetings with City staff via conference call. City Responsibilities. Provide the following: 1. ldentif ication of a PM with final authority for City decisions. Timely review of products and decisions on issues critical to scheduled progress. ldentif ication and involvement of appropriate City staff . coordination of collected comments and resolution of any conflicting comments from all City reviewers prior to returning to the Engineer. Deliverables. Deliverables for the tasks listed above include the following items: 1. Monthly progress reports and invoices 2. Meeting minutes, as required Task 2 Subtask 2.1 Facility Plan Ci'tv Workshops obiective. Present the progress made on the Facility Plan and review key decisions and recommendations with City staff. Approach. Major activities include the following: 1. Conduct up to eight workshops with City staff through the life of the proiect to communicate progress made on the Facility Plan Update, review pertinent key topics, and plan next steps. Each workshop is assumed to be 3 hours in duration. lt is assumed that all workshops will require the attendance at least one out-of-town BC team member. All workshops will have three BC team members in attendance. Document the workshops and provide a summary of action items to team members at the conclusion of each workshop. Task Order 10022.C WRRF Facility Plan Updale FY 2017 Bro$m and Caldwell Page 2 of 10 Deliverables. Workshop agendas, materials, minutes, and summary of action items. Subtask 2.2 lnvestioate Existino Wastewater Svstem Conditions objective. To present the current and currently planned (in design or construction) syslems for the Meridian WRRF, including capacity of each major unit process. Approach. Major activities include the following: 1. ldentify the existing City planning area. 2. Conduct a survey with Meridian staff of the existing facilities. lnclude in this: a. lncorporale results of the 2015 Process lnvestigations report on unit process capacities. b. lncorporate results of the 20 16 DAFT Stress Testing lnvestigation report on DAFT capacities. c. lncorporate current upgrades for headworks and liquid stream that are in design or construction for updating existing system capacity. d. lncorporale existing water reuse praclices e. Discuss existing environmental conditions in the planning areaf. lncorporate a discussion on the limitations of the existing outfall system to the Boise River. g. Description of current NPDES permit Review the last 5 years of historical influent flows, loads, and population in the City Review any planned flow reduction measures for the City, including: h. l&l reductions in the collection system i. Water conservation around the Cityj. Water conservation requirements for new and existing housing developments, commercial developments, and induslries within the City Related waler quality planning documentation, including: k. State water quality requirements for receiving waters in the service area l. Designated uses for receiving waters m. Water quality and technology based effluent limitations n. Current TMDL issues for the receiving waters as they relate to future NPDES permit limitations Related City water resources planning (if different trom ZO12 facility plan) Related air quality permits Deliverables. Chapter in the Facility Plan summarizing findings of this subtask. Page 3 of 10Task Order 10022.C WRRF Facility Plan Update FY 2017 Brown and Caldwell ask 2.3 Pl,nnt Crit Objective. ldentify the planning criterla for use in allernatives evaluation and capital improvements planning for the Facility plan. Approach. Major activities include the following: 1. use the population and ind_rrstry growth flow and loading projeclions developed as part of the current General Sewer plan project. 2. Develop projections for primary and secondary solids production based on flow and load projections from the General Sewer plan. 3. Develop projections for biogas production based on digestion technology and solids production projections. 4. Establish future discharge location to set planning for options analysis (Five Mile Creek, Boise River, Water Reuse, or some combination). ' Establish discharge criteria for NPDES discharge or reclaimed water permits for anticipated flows and loads, depending on point of final discharge. This work will incorporate the findings of the city's Reclaimed water Evaluation, 5ut it is anticipated that some component of the effluent will be discharged to one of the wRRF's cunent outfalls at all times (i.e. reclaimed water use will not account for 100 percent of theplant f low). Establish luture temperature permit limits Discuss potential future discharge criteria. a. Microconstiutents/Compounds of Emerging Concern b. Temperature TMDL Deliverables. Chapter on f uture conditions tor the Facility Plan. Subtask 2.4 Liquid and olids Treatment Analvsis objective. Evaluate alternalives for upgrading the Meridian WBRF to meet planning criteria requirements for both liquids and solids streams. Approach. Major activities include the following: 1. lncorporale findings of the 20 15 Alternatives Analysis project evaluating expansion alternatives for the liquid stream processes to meet future growth -and permit conditions. update as needed based on permit changes that have been made since the project was completed. 2. lncorporate findings of the 2016 sidestream p Removal Evaluation analysis and the 2016 AirPrex Pilot Study. 3. lncorporate findings of the 2015 Sidestream Nitrogen Removal Evaluation. 4. Provide a discussion and cost analysis (AACE class 5) Ior a secondary road access to the trealment facility from the North or West side of the facility. Evaluate solids-stream discharge alternatives for the Meridian wRRF. Three potential discharge locations and material qualities will be evaluated as part of this work: landfill disposal, land application of Class B biosolids, and Class A biosolids. Task Order -1 0022 C WRRF Facilily Plan Updale FY 2017 page 4 of 10 Brown and Caldwell ldentify and evaluate required WRRF solids system improvements related to growth (i.e., capacity expansion) and repair and replacement projects. Evaluated options will relate to the final selected/recommended disposal option selected Do not provide an evaluation of standby power options for the facility, as this will be completed under a separate project. Provide planning level (AACE Class 5) cost estimate for alternatives idenlified for the solids system expansions. These costs will consider regulatory and growth related projects, which will have been identified lhrough the tasks noted above. Provide costs for liquid process expansion based on the cunent Headworks and Liquid Process Expansion design projects. Provide rough site plan showing plant layout for recommended alternatives. site plans will not be done in CAD. Recommend an alternative based on cost evaluation and input from the City. For the final selected expansion alternative for the facility (both solids and liquids): a. ldentify any site security limitations/requirements. b. ldentify f uture aesthetic needs for the facility (odor control, noise control, traffic control on and off site). c. Provide a staffing and organization evaluation, including future needs for staffing, organization of the utility, and projected costs of O&M for the expansion option- d. Provide an evalualion of non-treatment process needs, including administrative office space, lab space, maintenance space, and equipment storage space. e. lncorporating findings of other City studies inlo utility systems. These would include non-potable water, gas, communications and electrical systems within the site. Deliverables. Report chapters for discussion of alternatives and recommendation for expansion to be incorporated into the Facility Plan report. Subtask 2.5 Other Related Evaluations Objective. Provide an evaluation for resource recovery options and options for potential future permit limits not in the current permit. Approach. Major activities include the following: 1. Resource Recovery Study - this study will provide a discussion on various options for resource recovery, including phosphorus recovery, nitrogen recovery, reclaimed water uses, biosolids recovery for beneficial reuse and biogas recovery and reuse. These evaluations will not include any cost analysis and will be limited to potential options discussion and reservation of plant footprint for future implementation as desired by the City. The more detailed evaluations will include: a. Phosphorus recovery: a summary of the Sidestream P removal report and recommendations, as well as the findings of the AirPrex Pilot from 2016 and the previous Ostara pilot. Task Order 10022.C WRRF Facility Plan Updale FY 2017 Brown and Caldwell Page 5 of 10 b. Nitrogen recovery: a summary of recovery options for nitrogen/ammonia from sidestream treatment. c. Reclaimed water uses: a summary of the findings of the City's Future of Reclaimed Water study d. Biosoids Recovery for Beneficial Use: provide a discussion of options and rough sizing of established and innovative technologies that produce Class A solids or convert sludge to energy sources other than biogas. e. Biogas Beneficial Use: Provide discussion of options and rough sizing of established and innovative technologies for biogas use. i. Contact ldaho Power to discuss options for funding Provide a discussion of options and rough sizing of systems required to meet potential future microconstituenls limits, but no costing associated with this. Provide sutficient site space for future addition of these processes, as needed by the City. Provide a discussion of options and rough sizing of syslems required to meet potential fulure temperature TMDLs, but no costing associated with this. Provide sufficient site space for future addition of these processes, as needed by the City. Deliverables. Report section for discussion of alternatives to be incorporated into the Facility plan report. Subtask 2.6 CIP objective' Prepare a capital lmprovements plan (clp) for the Meridian WRRF thatprovides a clear outline of the regulatory-required projects between 201 9 and 2o3g (including estimated cost and approximate year for initiation of each project. lt is assumed the city will complete their own financial options evaluation for iunding of projects. Approach. Major activities include the following: r. Based on lhe recommendations from subtask 4, assess the delivery methods for project delivery for projects identified to support the selected alternatrve. The delivery analysis will consider project grouping and potential delivery methods to meet regulatory, financial, and organizational constraints. Using updated flow and loading estimates, NpDES permit renewal conditions, capacily assessment, and alternalives evaluation outcomes, prepare a clp for the Meridian wRRF. This clP will include planning-level (AACE class 5) cost estimates for projects and an estimated project initiation date. Deliverables. Report chapter lo be incorporated into the Facility plan Report. Task Order 10022.C WRRF Facitity ptan Update Fy 2Ot 7 Brown and Caldwell Page 6 ol 10 objective. Prepare a comprehensive facilities plan document that summarizes lhe findings from the above tasks and provides a clear framework for improvements to the Meridian WRRF. Approach. Major activities include the following: 1. summarize activities from subtask 2 through Subtask 6, including a comprehensive clP that will include costs and schedule lor improvements, in a draft Facility plan. lt is assumed that the draft Facility Plan will require the synthesis of information from the previous tasks for presentation to the lDEe. The Facility plan will be reviewed by a senior reviewer prior to being submitted to the City. Prepare a final Facility Plan that provides a clear action plan for WRRF Upgrades. Prepare lor and lead up to two meetings with the city and the lDEe to discuss the findings of the Facility Plan and the city's intended action plan for expansion. lt is assumed that two members of BC team will attend each of these two hour meetings. At least one person from BC will be from out of town. Deliverables. 1. Agenda and meeting materials for up to two meetings with the lDEe to discuss the findings of the Facility Plan. Draft Meridian Facilities Plan to be submitted electronically to the city for one round of review and comment. Final Draft Meridian Facilitles Plan to be submitted electronically to the lDEe for one round of review and comment. Final version of Meridian Facilities Plan to be submitted in electronic and hardcopy format to the City and the IDEQ. Subtask 2.7 Facilitv Plan Development KEY P RSONNEL David Bergdolt dberodolt@b rwncald.com (208) 389-7701 Rick Kelly rkellv@brwn cald.com (206) 749-2327 David Bergdolt will perform the administrative funclion including all program, policy, and contractual issues. Rick Kelly will be responsible for coordrnation during the study phaie and oversee all lechnical and project managemenl activities associated with the task order scope ol work. Task Order 10022.C WRRF Facility plan Update Fy 2017 Brown and Caldwell Page 7 of 10 MAJOR ASSUMPTI ONS Note that work scope is conceptual in nature, based on limited information, and should only be relied upon for general planning purposes. Consultant will rely upon, without independent information, information from third parties, including available information related to reports related to key plant processes. Recommendations and potential energy savings are based upon many data points and assumptions. Many of these variables are affected by the influent characteristics, costs of electricity and natural gas, planning level construction estimates, and O&lVl costs. Final results will depend on the variables which should be considered and reconfirmed as part of any preliminary design of potential improvements. The evaluation will rely on the accuracy of record drawings and historical records provided by the City. lf drawings, data, or historical records are deemed to inaccurate, additional field effort may be required. BC will alert the City if expanded field effort is required over what was anticipated al the time the scope was prepared. Estimates of digester gas production, variability, and quality design criteria will be based upon current digester gas production rates reported by the City relative to volatile solids reduction (VSR), variability in gas production reported by the City and any gas quality data provided by the City. Should information from the City be unavailable, typical design values will be used. Final results will depend on the quality and quantity of the data available from the City, and should be reconfirmed as part of any preliminary design of potential improvements. Any permits (including air) and associated support beyond those identified may be considered as additional services. The opinions of probable construction costs will be prepared to industry standards but will be subject to many influences including, but not limited to, price of labor and materials, schedule impacts, unknown or latent conditions of existing equipment or structures, and time or quality of performance by others. These types of issues are diflicult to forecast and are out of the control of BC and that actual costs may vary substantially from the estimates prepared by BC. BC is therefore unable to guarantee the accuracy of opinion of probable construclion costs beyond that of industry standards. The City will make available in a timely manner all drawings, records and site information obtained relative to the project, including topographical survey, and information related to any and all underground utilities, hazardous materials, easements, permits, geotechnical investigations, lab data, environmental surveys, etc. as necessary for completion of the work under the above detailed scope. The site does not have any environmental related concerns including contaminated soil, endangered species, etc. that would impact alternatives implementation or associated cost estimates. Environmental studies, including Phase 1 surveys or any other type of study/survey are not included as part of this 2 J b 7 4 5 8 I Page 8 ol 10 ASSUMPTIONS Task Order 10022.C WRRF Facility Plan Update FY 2017 Brown and Caldwell pro.ject scope. lf any regulatory agencies require additional studies be performed, they can be added as additional services, but may impact the overall project schedule. 'I 0. The initial effort is limited to the cost identif ied in the attached fee estimate. lf the effort to complete the identified tasks exceeds the estimate, the pM will coordinate with the City to identify areas we can limit our effort to the available budget. '1 1. Recommendations for future improvements that relate to specific nutrient reductions or other regulated requirements will be based upon our current understanding of requirements for future permits as provided by the City of Meridian. TIME OF COMPLETION ANd COMPENS ATION SCHEDULE The lollowing schedule is based on a Notice to Proceed (NTp) from the City by November 2016 and resulting in Final Design being completed by August 2017. A NTp issued on a different date will change the schedule accordingly. The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10022.C is four hundred ninety seven thousand, seventy three dollars ($497,073.00). Any travel expense will be reimbursed, only if pre-approved by the Project Manager, and only per the City of Meridian Travel Policy. COMPENSATION AND COMPLETION SCHEDULE Task Descr!ption Compensation 1 Proiect Managemenl . 8t31t2017 $34,690.00 2 Facility Plan $462,383.00 2.1 Subtask 1 - Workshops (meeting minutes) .8131/2017 $41,449 Subtask 2 - Existing Conditions draft chapter . 3hO12017 $45,831 2.3 Subtask 3 - Planning Criteria draft chapter . 41712017 $58,018 2.4 Subtask 4 - Alternatives Analysis draft chapter . 6/30/2017 $209,354 2.5 Subtask 5 - Related Evaluations draft chapter . 712812017 45.934 Subtask 6 - CIP draft chapter .811'l/2017 $26,327 2.7 Subtask 7 - Facility Plan Development dratt report . A/1112017 $29,400 2.7.1 Subtask 7 - Facility Plan Development final report . 8/31/2017 $6,070 TASK ORDER TOTAL: $497,073.00 Task Order 10022.C WRRF Facilily Plan LJpdate FY 2017 Brown and Caldwell Page I of 10 Due Date . 8t31t2017 2.2 2.6 Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To - Exceed Task Order Total per the Compensation and Completion Schedule above, CITY OF MERIDIAN _. OW AND CALDWELL BY: BY: TAMMY de W , MAYOR Dated: Approved by Council:— Attest: CJ C I s, Cl CLERK Purchasin Approv 1 BY:� KEIT A S, urchasing Manager City Project Manager Clint Dolsby Task Order 10022.0 WRRF Facility Plan Update FY 2017 Brown and Caldwell 7 DepartFiipfit App BY WAA�ENST�EAR�,Glty �Enginee�r� Dated:_ /I Page 10 of 10 CONTRACI CHECKTIST t.PROJECT INFORMATION Pu 5497,o79 Chan8e Order No tc Wo ctor/Consultant/DesiSn Engineer REQUESTING DEPARTMENT Brown & Caldwell Contract Amount: Project Name: Date Project Manager: Clint Dolsby .BUDGET INFORMATION (Proiect Manager to Completel t.Contract Type Fund: Depa.tment GLAccount Project Number: Wllthe project cross fiscalyears? 60 vesE ruo El Construction D Task Order El Professional Service E Equipment E Grant D tv.GRANT INFORMATION - to be completed only on Grant funded proiects waSe veriffcation 10 Days prior to bid due date N/A Grant fl Print, anach and amend bid by addendum (ifchanged)www.5arn.gov Print and attach oebarment Status (Federal Funded) N/A wage Determination Received N/A RFP / RFQ TASX ORDER Award based on Low Bid Hithest Ranked Vendor Selected (Bid Results Attached )ves E NoD (Ratings Atta€hed) Yes E No E Master Agreement Category Date MSA Roster Approved: 2a tol ll2ot4 TypicalAward Yes E No E lf no please state circumstances and conclusion: 7 day protest period ends: VI COI{TRACTOR / CONSULTANT REqUIRED INFORMATION Payment and Performance Bonds ReceilEd (Date) Builders Risk lns. Req'd: Yes E (onv .prlic.b.l. io. prcj.cte .bd. S10O),oO) lfyes, has policy been purchased? lnsurance Certificates Received (Date) Goodstanding Rating: N/A Corporalion Status sl3t/2ot7 v[.TASX ORDER SEIECTION (Project Manager to Complete] Reason consultant selected Check dll thot opply gr a2 E3 @4 Performaice on past projects E Quality of work E on time Qualified Pe6onnel Availability of personnel Localof personnel El on BudSet D Accuracy of Construction Ert Description of neSotiataon process and fee evaluation E.ter sup€ruiror .mc 10/1112016 v .AWARD INFORMATION Date Submitted to Clerk for ASenda November 17, 2016 ApprovalDate W85 subrnitted (ohry lor Pw co^stru.tion Poj.cte) NTP Date 10/6/2016 WRRF FACILITY PLAN UPDATE FY 2017 ls this a change order? ves E no E Budget Available (Pu rchasing attach report): ves El No ! FY Br-'dget: tY17 Enhancementr Yes E No E 3210 5s080 LOO22.C Print and anach the determrnation BASIS OF AWARD 8tD Expiration Date: NoE Rating: N/A &firatbn Date: slLll2016 8y: Oate lssued: t.PROJECT INFORMATION 5497,o7t ChanSe Ord€r No. c o Fa.ll Plan U nsultanVD€5i8n Englneer:Brown and caldwell Project Name Date:70l6/20L6 ls thls a chan8eorder? ves I ru E] REqUESTING DEPARTMENT Wastewater Resource ProJect Manager: Clint Dolsby BUDGET INFORMATION iI Man to Com t.Contract Type Fund: Department GLAccount Prorect Numben Eudget Avallable (Purchaslng attach report): v"' El No E FY Budget: 17 Enhancementr Y6 El no El 3270 LO022 Yet 60 Wllthe projed cross flscal yea rs? NoE Construction Task order Professlonal Servlce Equipment Grant tr E] tr trtr IV GRANT INFORMATION - to be completed only on Grant funded prolects Grant #WaEe oeteininatlon Recelved Wa& V€rlic.llon 10 Dayr prlor io bld due date oebarm.nt Statu3 (Fed.r.l runded) Prht 6nd Attach the determlnatlon Prin!, attach.nd am€nd bld by.dd.ndum {it.hrnscd)www.sam.gov Prlnt and attach BASIS OT AWARD BID RFP / RFq TASI( ORDER Award based on Low Bld Hlghert Ranked Vendor s.lected (8ld Results Attached)NoD!ENo I I(Ratln8s Atta ched) Y.t Master ASreement Category Date N4SA Ro,ter Approved: 2a TyplcalAwardY.'DoE If no plcase state clacumJtances and concluCon: 7 day protest perlod ends: VI CONINACTOR / CONSUI.TANT REQUIREO INFORMATION Paynent and Pertormanc€ Eondi Ra<llvad (Data)r Eullders Rhk lns. Req'd: Ycs D lott .DplL.b.h d pD,..i, .hd. S,"morOO) Explratlon Date:Corporatlon Status Explratlon Date Ratlng No!lf yes, has pollcy been purchated? lnsuranc€ ce.tlflcates Rec€lved (oate): CONTRACT CHECKLIST vlll.AWARD INFORMATION oate Submltted to Clerk for Agenda: Purchase Otder No.l Approvaloate 8yl Date lssued:WH5 subrnlfted {Oily tu. PW coinMtl@ tEj.dt) NTP Oate: Perform.nce on past projects E Quallty ofwork E on time Quallffed Personnel Avallablllty of personnel E1 tocalof rsonnel4 Reason Consultant Seleded Check o thdtopply El on Budget E Accuracy of Constructlon Est a2 trg O€rcdptlon of neSotlatlon process and fee €valuadoni Erown ard caldwell's scope of work for the faclllty plan update was reylewed lnt€rnally and compared to the lart fadllty plan comdeted for the Clty In 2012 by the team of CH2M HlLLand HgrR EnSl.eerln& lnc.5560,000. The current scope covered the elements r€qul.ed by the ldaho Department of Environmental Quallty tor a faclllty pla. and lncorporated requlrements from the recently adopted Publlc Works Tactlca I Plan. The fee of 5497,073 represents a savln recent work on the capaclty assessment (972,183), alternatlves evaluatlon (5236,234), and thelr famllla rlty from the lastfaclllty plan due to Erown and caldwell's th the p Contract Amount: 55080 RatlnSr _ IDSOS Viewing Business Entity Page I of3 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summary ] I Get a certificate of existence for BROWN AND CALDWELL ] Monitor BROWN AND CALDWELL business filinost BROWN AND CALDWELL 201 NORTH CIVIC DRIVE SUITE 115 WALNUT CREEK, CA 94596 Type of Business: Status: State of Origin: Date of Origination/Authorization: Current Registered Agent: Organizational ID / Faling N umber: Number of Authorized Stock Shares: Date of Last Annual Report: Annual Report Due: Origina! Filing: Filed 30 Jul 1975 Amendments: Amendment Filed 30 Jul 1975 Amendment Filed 29 Oct 1975 Amendment Filed 23 Oct 1978 Amendment Filed 13 Nov L97A Amendment Filed 13 Nov L97A Amendment Filed 13 Nov 1978 Amendment Filed 13 Nov t97A Amendment Filed 13 Nov t978 CORPORATION, GENERAL BUSINESS GOODSTANDING 25 Oct 1988 CALIFORNIA 30 Jul 1975 C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 c51813 16 Jun 2016 Jul 2077 I Helo lYe Print/View TIFF ] CERTIFICATE OF AUTHORITY I Help Me Print/View TIFF ] OTHER - RA OTHER - CHG RA MERGED WITH J. B. GILBERT AND ASSOCIATES NAME CHANGED TO BROWN AND CALDWELL STOCK CHANGE MERGED WITH CAMANCHE LAKE PARK MERGED WITH ].8. GILBERT AND ASSOCIATES STOCK CHANGE https://www.accessidaho.org/public/sos/corp/C5 I 8 I 3.html | 1t17 t2016 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: &ff PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement Memorandum of Agreement Between Meridian Development Corporation and City of Meridian For Landscape, Lighting, Other Improvements, Easements and Right of Way for Pine Avenue Project MEETING NOTES MOS t4- COAM 130 */\/ M 5 I/\, mr APPINED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR IMPLEMENTATION AND CONSTRUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE PROJECT This MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR LANDSCAPE, LIGHTING, OTHER IMPROVEMENTS, EASMENTS AND RIGHT OF WAY FOR PINE AVENUE PROJECT ("Agreement"), is made and entered into this day of November, 2016, by and between the Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"), WHEREAS, City and MDC have developed a relationship of cooperation and partnership and are mutually interested in enhancing the Meridian community's quality of life and stimulating economic development in the urban renewal area, and to these ends seek to work together to fund certain landscaping, lighting, easements, right of way and other improvements to be installed as part of the Ada County Highway District ("ACHD")'s Pine Avenue Project roadway improvements ("Project"); WHEREAS, City and ACHD will be entering into a Cost -Share Agreement which provides City with the ability to participate in the planning and funding of certain improvements ("Cost -Share Agreement") in the Project; WHEREAS, the Cost -Share Agreement will allow MDC, through the City, to participate in the planning and funding of certain desired landscaping, lighting and other improvements as part of the Project; WHEREAS, MDC and City previously entered into a cooperative agreement for the design of the MDC lighting, landscaping and other improvements and this Agreement concerns the implementation and construction of those designs; WHEREAS, pursuant to ACHD's recommendation, the respective governing boards of City and MDC find that it is most efficient for all parties to enter into this cooperative Agreement, rather than entering into separate agreements with ACHD; NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the parties mutually agree as follows; I. CTTY's RESPONSIBILITIES. A. Improvements. City shall enter into a Cost -Share Agreement with ACHD allowing the City to select and cover the costs of the construction of certain improvements as part of the Project. In the Cost -Share Agreement, the City will require that ACHD include in the bid and construction documents for the Project those improvements that are desired by MDC, and related right-of-way acquisition, as generally described in Exhibit A, which is attached PROJECT AGREEMENT BETWEEN MDC AND CITY — PINE AVE. PROJECT PAGE l hereto and incorporated by reference herein ("MDC Improvements"). The Project is projected to be completed by 2018; however, ACHD ultimately controls the Project timeline. B. Authority of NIDC. City shall consult with MDC Contact regarding the MDC Improvements throughout the design, bid and construction process. The MDC must review and approve the final design plans before submission to ACHD. MDC will be notified of and may attend any meetings regarding the Project. City will incorporate MDC Contact's input regarding the MDC Improvements into their requested improvements for the Project with ACHD. MDC may require that certain items in the MDC Improvements be included as bid alternates in the bid documents for the Project. If the bid results are not favorable MDC may remove some of the MDC Improvements from the Project. City shall be responsible for final decisions regarding plant and tree selection, planting details, irrigation, corresponding electrical utilities, and other landscaping related components requiring long -tern maintenance upon installation; however, MDC retains the right to require that the City request a change order in accordance with terms of the Cost -Share Agreement regarding any of the MDC Improvements. MDC agrees that landscaping improvements will meet City standards but MDC retains the authority to adjust the scope of the MDC Improvements by change order as it deems necessary. If MDC requests such a change order and said change order is pursued and approved, then MDC will bear the costs associated with the change order. If the change order results in a reduction in the scope and/or amount of the MDC Improvements, the City may decline to request the change order but it shall be responsible for the cost difference between the MDC requested charge order to reduce the scope and what is constructed. Any change order concerning the MDC Improvements must be approved by MDC. C. Invoice MDC. Following ACHD's invoice to City for the MDC Improvements, and/or any expenditures or advance payments related thereto, City shall provide to MDC Contact an invoice for such amount. Following timely receipt of NIDC's payment, City shall pay ACHD. II. MDC's OBLIGATIONS A. Cooperation with City. MDC shall designate an MDC Contact, which individual shall consult with City throughout the design and construction process in order to ensure that the design and construction of the MDC Improvements meets applicable MDC goals and requirements. During the design process and subject to the provisions of Section I.B. above regarding landscaping improvements MDC input will be incorporated by the City into the Project designs of for the MDC improvements. During construction of the MDC Improvements, MDC may request change orders in compliance with the timelines provided for in the Cost -Share Agreement. For change orders that are granted MDC will be responsible for any increased cost and will have the amount owed to the City reduced by any decrease in cost associated with the change order. If the City declines to pursue the change order, then it will pay for any increased cost associated with the difference between the requested charge order and what is constructed. PROJECT AGREEMENT BETWEEN MDC AND CITY- PINE AVE. PROJECT PAGE 2 B. Final acceptance. Upon final completion of the MDC Improvements, MDC Contact shall report same to the MDC Board, and shall provide to City written notice of the MDC Board's approval of the MDC Improvements. C. Reimbursement. Within thirty (30) days of City's invoice for payments made for MDC Improvements or expenses related thereto, MDC shall pay City in full. 111. GENERAL PROVISIONS. A. City and MDC Contacts. The parties hereby designate the following individuals to serve as the City Contact and MDC Contact, respectively: City Contact: MDC Contact: Mike Barton, Parks Superintendent Ashley Squyres, Administrator mbarton@meridiancity.org meridiandevelopmentcorp@gmail.com 208-888-3579 208-477-1632 B. Notice. Communication between City Contact and MDC Contact may occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to MDC: City Clerk, City of Meridian Ashley Squyres, Administrator 33 E. Broadway Avenue Meridian Development Corporation Meridian, Idaho 83642 104 East Fairview Avenue #239 Meridian, Idaho 83642 C. Term. This Agreement begins immediately upon execution and unless earlier terminated as provided herein, this Agreement shall expire on December 31, 2020 or upon payment of the amount owed hereunder by MDC, whichever occurs first. D. Assignment. Neither party shall assign all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. F. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or PROJECT AGREEMENT BETWEEN MDC AND CITY- PINE AVE. PROJECT PAGE 3 incurred by either party or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. G. Compliance with laws. In performing the scope of services required hereunder, City and MDC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. H. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which materially breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing thirty (30) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen (14) day cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of notice of termination. Effect of MDC termination. Should MDC terminate this Agreement at any point after ACHD incurs expenses or contractual obligations related to installation or programmed installation of the MDC Improvements, MDC shall pay to City the full remaining amount due from City to ACHD for all such expenses or contractual obligations, both those incurred as of termination of this Agreement and those to be incurred, as set forth in the Cost -Share Agreement. This paragraph remains subject to the provisions of this Agreement regarding change orders set forth above in paragraph II.A. J. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. K. Non -waiver. Failure of either party to promptly enforce the strict performance of any tern of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time PROJECT AGREEMENT BETWEEN MDC AND CITY -PINE AVE. PROJECT PAGE 4 after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. L. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MDC. The Parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and MDC to this Agreement in all respects. M. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. The officer or administrator charged with the responsibility of preparing MDC's Fiscal Year budgets shall include in that proposed budget the amount noted herein, which will be duly considered by the Board along with the other proposed expenditures for each Fiscal Year during the term of this Agreement. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN DEVELOPMENT CORPORATION: CITY OF MERIDLAN: � 4 BY: Tammy V*rd, Mayor ED'q aw T �t' SEA/ Attest:- =" . ay Co Vty Clerk PROJECT AGREEMENT BETWEEN MDC AND CITY— PINE AVE. PROJECT PAGE 5 EXHIBIT A MDC IMPROVEMENTS This is a general description of the improvements to be planned and funded by MDC. The MDC Improvements noted below will be considered to be modified to correspond to any change order requested by MDC. The MDC Improvements include the following: 1. Any associated easements or rights of way necessary to construct these MDC Improvements. 2. Sidewalks 3. Landscaping a. Trees and Plantings b. Irrigation components 4. Historical Lighting a. Poles b. Associated electrical/utility PROJECT AGREEMENT BETWEEN MDC AND CITY -PINE AvE. PROJECT PACE 6 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 7A ITEM TITLE: Children's Museum Presentation PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BUBBLES A CHILDREN’S MUSEUM BUBBLES A Children’s Museum The mission of Bubbles, a children’s museum, is to ignite the creative potential of children and families by providing unique, hands-on experiences enabling adventure and discovery while honoring local history in agriculture, industry, education and culture. The vision of Bubbles, a children’s museum, is to be the premier destination for family-oriented interactive learning. HISTORY •The idea began with members of the Boise Rotary •Children are desperate for opportunities to grow and learn through imagination. Children’s Museums create a limitless environment. •Meridian’s goal to be the premier place to live, work and raise a family makes it the perfect location for a new children’s museum facility. •Lead by Mayor Tammy; City staff partnered with the Rotary and other local groups and began facilitating the conversation October 2015 Children’s Museum in Indianapolis SUMMARY OF ADVISORY MEMBERS •This is a community project and will be a labor of love. •The community identified the desire for a children’s museum during a recent survey completed by the City of Meridian and Meridian Development Corporation. •The support the community has shown demonstrates these findings. •Members include: MDC, MDBA, Rotary, Optimist, MLD, West Ada School District, Habitat for Humanity…and MORE!Children’s Museum in Boston BOARD MEMBERS INCORPORATION •Articles of Incorporation were filed and accepted by the Secretary of State on October 28, 2016 •All business records including bylaws will be maintained and will be available by contacting the Board’s secretary. Children’s Museum in Everett NEXT STEPS •The next step is filing for 501(c)(3) non- profit status. •We will be reaching out to establish partnerships with our business and development community. •Our target is to welcome our first guest in five years. Children’s Museum in Miami OUR ASK •Vocal and active support •Participation and attendance at fundraising events •Feedback and advice Children’s Museum in Mississippi QUESTIONS? Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 8 PROJECT NUMBER: ITEM TITLE: Mayor's Office �6-- it &0 Mayor's Office: Resolution No.: A Resolution Appointing Treg Bernt to Seat 5 of the Meridian Planning and Zoning Commission MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /6— I/ &D BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING TREG BERNT TO SEAT 5 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 5 established the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Seat 5 of the Planning & Zoning Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective appointment of Treg Bernt to Seat 5 of the Meridian Planning and Zoning Commission as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Treg Bernt shall be appointed to Seat 5 of the Meridian Planning & Zoning Commission, which term shall run through February 28, 2020, Section 2. That this Resolution shall be in frill force and effect immediately upon its adoption and approval. 2016. 2016. ATTE; M ADOPTED by the City Council of the City of Meridian, Idaho, this aD�' day APPROVED by the Mayor of the City of Meridian, Idaho, this 6-0' day of /yDV✓'"&- W APPROVED: r Mayor Tam y de Weerd RESOLUTION FOR APPOINTMENT OF TREG BERNT - PLANNING & ZONING COMMISSIONER 1 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0124 ITEM TITLE: Goldengrove Subdivision Final Plat for Goldengrove Subdivision (aka Logan Creek) (H-2016-0124) Located at 4617 Martinel Lane by Heartland Homes, LLC 1. Final Plat Consisting of 67 Building Lots and 15 Common Lots on 21.75 Acres of Land in the R-4 Zoning District MEETING NOTES Dec&,v,W �, )51� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Changes to Agenda: Item #9A: Goldengrove Subdivision - FP (H-2016-0124) – Applicant requests continuance to Dec. 6th Item #9B: Seyam Subdivision (H-2016-0123) Application(s):  Vacation Size of property, existing zoning, and location: The property that is the subject of this application is Lot 3, Block 1, Seyam Subdivision, zoned I-L, located on the north side of E. Franklin Road midway between N. Eagle Road & N. Cloverdale Roads. History: When the preliminary plat for this subdivision was approved, Lanark Street was only proposed to extend to the west side of the subject property because the applicant did not wish to extend services & the public street to the adjacent property to the east. To ensure the property owner(s) to the east had access to City services as well as access to the stoplight at the intersection o f Touchmark Way and Franklin Road via Lanark Street, this lot was restricted as a non-buildable lot until such time as a new preliminary & final plat is approved which depicts the extension of Lanark Street & City water and sewer services to the east boundary of the site. No Certificates of Zoning Compliance or building permits were allowed to be issued for this lot until that time. Summary of Request: The applicant requests approval to vacate note #10, which states Lot 3, Block 1 is a non-buildable lot, and the associated graphic depiction within said lot on the Seyam Subdivision final plat. Since the final plat for Seyam Subdivision was recorded, the subject developer has purchased the (3) 5-acre properties to the east & intends to submit a preliminary plat application for those properties and the subject property. In the interim, the developer would like to obtain a building permit for a 45,000 square foot warehouse building for a national tenant on the north end of Lot 3, Block 1 . Approval of the subject request will allow the developer to get started on construction. Written Testimony: Brad Miller, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Because the developer now owns the adjacent parcels to the east and access & City services are not being withheld from another property owner, Staff recommends approval to City Council of the vacation request. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0123, as presented in the staff report for the hearing date of November 22, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0123, as presented during the hearing on November 22, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0123 to the hearing date of November 22, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9C: Binary Subdivision (H-2016-0121) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 3.04 acres, zoned C-G, and is located at 6241 N. Linder Road History: In 2013, Council approved a variance (VAR-13-002) application granting a right-in/right-out access to Chinden Boulevard. In 2013, the City Council approved a preliminary plat (PP-13-031) consisting of five (5) commercial lots and one (1) common lot on approximately 9.11 acres of land and a development agreement modification (MDA-13-019) to incorporate a new concept plan and update certain provisions relevant to the proposed preliminary plat. In 2014, the property received final plat approval (FP-14-020) for five commercial lots. Also, in 2014, the property received Certificate of Zoning Compliance and Design Review for the property (CZC-14-053 & DES-14-048) and conditional use permit approval for a drive-through (CUP-14-004). In 2016 the property received certificate of zoning compliance and Design Review approval for Black Rock Coffee (A-2016-0088) and for a multi-tenant building called Knighthill Center Retail Shell (A-2016-0142). Summary of Request: The proposed short plat depicts two (2) commercial lots on 3.04 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 1 of Knighthill Center Subdivision. Access to the site is provided to W. Chinden Blvd. and N. Linder Road through a cross access easement for access roads. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0121, as presented in the staff report for the hearing date of November 22, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0121, as presented during the hearing on November 22, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0121 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9B: Seyam Subdivision Vacation Seyam Subdivision Plat Vacation Item #9C: Knighthill Center Subdivision No. 2 Site Plan Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 9B PROJECT NUMBER: H-2016-0123 ITEM TITLE: Seyam Subdivision Public Hearing for Seyam Subdivision (H-2016-0123) by Volante Investments LLLP, Located on the North Side of E. Franklin Road and Approximately 1/2 Mile East of N. Eagle Road 1. Request to Vacate Plat Note #10 and the Graphic Depiction on the Seyam Subdivision Plat Which States Lot 3, Block 1 is a Non -Buildable Lot MEETING NOTES 9 APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: November 22, 2016 Item # Project Number: Project Name: H-2016-0123 Seyam Subdivision Please print your name For Against Neutral Do you wish to testify (YIN) TY OF Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0121 ITEM TITLE: Knighthill Center Subdivision No. 2 Public Hearing for Knighthill Center Subdivision No. 2 (H-2016-0121) by James R Wylie IV Located at 6241 N. Linder Road 1. Request for a Short Plat Consisting of Two (2) lots on 3.04 Acres of Land With a C -G Zoning District MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: November 22, 2016 Item # Project Number: H-2016-0121 9C Project Name: Knighthill Center Subdivision No. 2 Please print your name For Against Neutral Do you wish to testify (Y/N) OMSMA'. 0J l �ic�w, Ct �� � (�5�n � ►' x E' I K w 4 e Xw 4 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 10A PROJECT NUMBER: H 2015-0005 ITEM TITLE: Edgehill Subdivision Urclinance No.: An Urdinance - - Ldgenill SUIDdIVIS10n)e City o 171 Meridian Granting Annexation and Zoning for a Parcel of land located in the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 40.19 acres more or less and is situated in Ada County, Idaho, and adjacent and contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-4 (Low Density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Icinhn CtntP Tnx C'nmmiecinn rig RPni iirPrl by I nw- rind Prnvidinn fnr n ci immnry of MEETING NOTES �✓ pPPRUV�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113892 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/23/2016 10:52 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. — )7/L/ - BY L BY THE CITY COUNCIL: BIRD,13ORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2015-0005) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY -ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1, That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A are within the corporate limits of the City ofMeridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning bythe owner of said property, to -wit : Corey Barton, SECTION 2. That the above-described real property is hereby annexed and re=zoned from RUT to R-4 (Low Density Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — EnG>;HTLL SUBDIVISION - H 2015-0005 Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and. Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the fill Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1\1aje1v)b-W , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of &U ufCIIVW , 2016. ATTEST: �avo.RATED gUCGs orw CITY CLERK m- jDtN. . s� 0 �L ANNEXATION — EDGUxrLL SUBDIVISION - H 2015-0005 Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) On this �,L day of It f%fLpiAyi , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, known to ine to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fufst above written. (SEAL) �1 a NOTARY PUBLIC FOR IDAHO n RESIDING AT: ot-f//O�tr' iiJWGZ Ao- sKiri+r�,o a; RE` •.o� MY COMMISSION EXPIIRES: �o asp t p t t 4 `� ry�` *si t E ©V ANNEXATION -EDGE HILL SUBDIN71SION - H 2015-0005 Page 3 of 3 Exhibit A ���� , INC ' *1*AY U (? COM e^h'J;c� . LAN MAP ORO villa J•U•B ENGINEERS, INC. Edgehill Subdivision Boundary Description Project Number 10-15-050 September 29, 2015 The northwest quarter of the northwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the northwest corner of Section 25, Township 3 North, Range 1 West, Boise Meridian, which bears N89°20'35"W, 2640.25 feet from the north quarter -section corner of Section 25: Thence 589°20'35"E, 1320.05 feet along the north line of the northwest quarter of the northwest quarter to the northeast corner of the northwest quarter of the northwest quarter; Thence 500'32'23"W, 1324.69 feet along the east line of the northwest quarter of the northwest quarter to the southeast corner of the northwest quarter of the northwest quarter; Thence N89"23'22"W, 1321.93 feet along the south line of the northwest quarter of the northwest quarter to the southwest corner of the northwest quarter of the northwest quarter; Thence N00°37'16"E, 1325.76 feet along the west line of the northwest quarter of the northwest quarter to the POINT OF BEGINNING. The above described parcel contains 40.19 acres, more or less. Page i of 1 a 2S0 S. Beechwood Avenue, Suite 201, Boise, IO 83709 p 208-376-7330 /'208-323-9336 it mmiub.com Edgehill Subdivision —AZ H-20.5-0005 Exhibit B I I �. W. Victory Road ---2 2840.25' 4---- ----S89'20'35"E 1320,05'—------ ---589'20'35"E N— i /4 1320.20' 2j5-- -- -- -- -- -- -- -- -- ------ I --poB-26 III II I ---- L�t�O�, � I I I a � o N K ( I ( I I 0 ttb 250 sraae in reel Or b I M N M O II I II I M 0 N � I I I I I LANA s GAG 34 N89'23'22"W 1321.93' I �IS. I icygf( 0r 0y�� Edgehill Subdivision iB Boundary Discription _--�J The Northwest Quarter of the Northwest Quarter of Section 25, o-a�ep eawau, we Tmvnshlp 3 North, Range 1 West, Boise Meridien, Ada County, Idaho. Edgehill Subdivision — AZ H-2015-0005 Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: 10B PROJECT NUMBER: H 2016-0088 ITEM TITLE: Knightsbridge Subdivision r finance No.: An Urdinance - - Knigritsbriage u ivision e City o Meridian granting Annexation and Zoning for a Parcel of Land Located in the SE 'A of the SW'/4 of Section 21, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.15 acres more or less and is situated in Ada County, Idaho and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-4 (Low Density Residential) District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder and the Irinhn Witr. Tnx C'nmmiceinn r7-, PPni OrPrl by I rnnr• nnri Prnviriinn fnr n Ci immnry of MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-113893 BOISE IDAHO Pgs=7 DAWN TRIVOLIS 11/23/2016 10:52 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. (& — 1-7 BY THE CITY COUNCIL: BIRD, BORTON, CAVE NER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0088 — KNIGHTSBRIDGE SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SE 1/a OF THE SW 1/a OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL) DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Julie Lyon & Samuel Grayson. SECTION 2. That the above-described real property is hereby annexed and re -zoned fiom RUT to R-4 (Low Density Residential) District, in the Meridian City Code, SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — KNIGHTSBRIDGE SUBDIVISION - H 2016-0088 Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this a� day of I&%"64'" , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of /NOVA G•ely" 12016. MAYO%1QMYdeW AJAY o�po�Areoq�c ' L �ilyui LES, CITY CLERK �I. at ANNEXATION — KNIGHTSBRIDGE SUBDIVISION - H 2016-0088 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this " " day of A)WVM 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C,JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEALe.�•```jFp''�•,, NOTARY PUBLIC FOR TDAHQ °`•. �.Pe,,..••.F�' RESIDING AT: 40 via /.6 4°OC a,�pRY $ MY COMMISSION XPIRES: r f P A3 S4V 4Z e ANNEXATION — KNIGHTSBRIDGE SUBDIVISION - H 2016-0088 Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary DESCRIPTION FOR ANNEXATION AND REZONE KNIGHTSBRIDGE SUBDIVISION A parcel of land located in the SE 114 of the SW 1/4 of Section 21, Township 3 North, Flange 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the SW comer of said Section 21, from which the 5114 comer of said Section 21 bears South 8944904" East, 2657.22 feet, thence along the South boundary line of scald Section 21 South 89"48!04" East, 1978.15 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00411'56" East, 25.00 feet, thence North 03°31'12" East, 146.33 feet; thence North 00°01'56" East, 03.03 feet; thence North 89048'04" West, 68.72 feet; thence North 00°01156" East, 533.15 feet to an angle point In the exterior boundary line of Sutherland Farm Subdivision No.1 as filed In book M of Plats at Pagos 8806 through 9808, records of Ada County, Idaho; thence along said exterior boundary line South 89°48'02" C=ast, 299.87 feet; thence leaving said exterior boundary line South 00°01'56" West, 796.27 feet to a point on the South boundary line of said Section 21; thence along said South boundary line North 89°48'04" West, 250.07 feet to the REAL POINT OF BEGINNING. Containing 5.16 acres, more or less. Knightsbridge Subdivision H-2016-0088 EXHIBIT A SUTHERLAND FARM SU91)[VISfON NO, 1 BLOCK 4 SW48'02"E 299.87' z zap w 1 ? o) k tri , 25 100 0 50 ZOD SCALE: 1" = 100' t � t �I t M SURVEY °gin�nfiu GROUP, P.G. N t a1' 5,15 k2C5 o t• I (a i I I cn ) N89'48'04" w w t 58.72' 17" I LEGEN2 4 �' 1 z t 13RASS CAP MONUMENT I BOUNDARY LINE � t 411 I --- SEC RON LINE Q a r) I zl i N4i i'6"E t Z8.U0' REAL f'f5W7 20 21 197$.15' 4F BEGINNING 429.t]U' 1/4- 29 /4-29 28 — _ — N89148'04"W 25Q.W' S 28 E. VICTORY ROAD BASIS OF BEARING N89'48'WW 2657.22' IDAHO 1400-4ATG7TT %MEAT. SURVEY °gin�nfiu GROUP, P.G. Knightsbridge Subdivision H-2015-0088 EXHIBIT DRAWNG FOR ANNEXATION AND REZONE KNIGHTSBRIDGE SUBDIVISION LCC,AYM K TttE SF 1/4 OF TW SW I/+ cp SEVW4 Z, r.ZH,. 141E, O.M. ADA Cotwr(. DCt£C, 10410 10-125 7/r/201t Legal Description & Exhibit Map for Annexation Boundary DESCRIPTION FOR ANNEXATION AND REZONE KNIGHTSBRIDGE SUBDIVISION A parcel of land located in the SE 114 of the SW 114 of Section 21, Township 3 North, Range 1 East, Boise Merldian; Ada County, Idaho being more particularly described as follows: Commencing at the SWcorner of said Section 21, tram which the $114 comer of said Section 21 bears South 8004004" east 2657.22 Feet, thence along the South boundary line of said Section 21 South 89"4B'04" East, '1978.15 feet to the REAL POINT OF BE -GINNING; thence leaving said South boundary line North 00°11'56" East, 25.00 feet; thence North 03°31'12" East, 146.33 feet; thence North 00°01'56" East, 93,03 feet, thence North 89°4604" West, 58.72 feet, thence North 00°01'56" East, 533.15 feet to an angle point In the exterior boundary line of Sutherland f=arm Subdivision No. 't as filed in Book 85 of Plats at Pages 9806 through 9808, records of Acta County, Idaho; thence along said exterior boundary line South W0'02" East, 299.87 feet; thence leaving said exterior boundary line South 00'01'66'West, 796.27 feet to a point on tho South boundary line of said Section 21, thence along said South boundary line North 89648'04" West 250,07 feet to the REAL POINT OF BEGINNING. Containing 5.15 acres, more or less. Knightsbridge Subdivision H-2016-0088 EXHIBIT B SUTHERLAND FARM SUBDIMSAON No. ] _ 8LOGK 4 S89_48'02" C _299,137' M Z q >- F cam f I � I r � 25 100 0 50 20D SCALE: 1" = 100' 5.15 ACRES 7 29 OFA 1 N89'48'04"w w 1 58.72' o z , BRASS CAP MONUMENT — — - - — -�-� BOUNDARY LINE 1 wl 3 -�- SECTION LINE 4 to z P.]� 7 . Z I I NO`It'56`E 25 00' "IF -AL POINT OF 20 21 1978.15'BEGINNING _ _ y 429.00' 1 �4 5 21 ".`�---- 2`3 28 2as48b"wso.a7' 2g I- VICTORY ROAD BASIS OF BEARING N89'48'WW 2857.22' IDAHO EXHIBIT DRAWNG FOR �° "9i ,�Tmm%fAa. ANNEXATION AND REZONE r o SURVEY IS0i4FLiaAt1]t17711Y KNIGHTSBRIDGE SUBDIVISION 1 GROUP, P -G. am„'• LBCateq t;s Ywe s? t{a 4t” nle 5W 1/4 w sCmo1 fit, r.-Ztl., RfG, B.k.. QN0. ohiE WA MWIr", Mt. lb*10 7/7{2016 Knightsbridge Subdivision H-2016-0088 Meridian City Council Meeting DATE: November 22,2016 ITEM TITLE: Future Meeting Topics ITEM NUMBER: PROJECT NUMBER: MEETING NOTES C� ►� A0,j 9 zP, LICI(K0 cam- �� �. V" — AZ -R 651&j -{ r C64 vP&7e -R� STD C164 Ze--F4-- i, -V z%2 aalye i)-p� Fw W i^40 (/!(� v e 1- ire! lcvv Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 11 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 22,2016 ITEM NUMBER: PROJECT NUMBER: 12 Executive Session per Idaho State Code 74-206(1) (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency T 0 5- PM 7'- JCS fm MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS