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HomeMy WebLinkAbout2023-01-10 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 10, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton (4:44 PM) Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Modified Final Plat for Skybreak Subdivision No. 1 (MFP-2022-0001) by Conger Group, generally located South of Lake Hazel Rd., East of S. Eagle Rd., and North of Columbia Rd. 2. Development Agreement (Slatestone Subdivision H-2022-0039) Between the City of Meridian and Charles and Maria Rauch (Owners) and Lasher Enterprises (Developer) for Property Located at 2707 S. Stoddard Rd. 3. Development Agreement (West Valley Emergency Center H-2022-0065) Between the City of Meridian and West Valley Medical Center, Inc. for Property Located at the Southwest Corner of N. Levi Ln. and N. Rustic Oak Way 4. Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital 5. Professional Service Agreement with Hull Film for Meridian Historical Virtual 360 Tour for the Not-To-Exceed amount of $1,800 6. Professional Service Agreement Between City of Meridian and Joshua Binder for Traffic Box Wrap of Terry Binder's Artwork Near Ten Mile and Pine ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS 7. Proclamation for Mental Wellness, Suicide Awareness & Addiction Recovery Month DEPARTMENT REPORTS 8. Community Development: WASD Student Population and Community Programs Projects 9. Mayor's Office: Strategic Plan Update ACTION ITEMS 10. City Council: Election of New City Council Officers Approved Motion to nominate Brad Hoaglun as Council President made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Motion to nominate Joe Borton as Council Vice-President made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 11. Resolution 23-2365: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President’s Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 12. Resolution No. 23-2366: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President’s Appointments of City Council Members to Serve as Department Liaisons, and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ORDINANCES 13. Ordinance No. 23-2008: An ordinance annexing the Northeast One Quarter of the Southwest One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 5.04 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) Zoning District; directing city staff to alter all applicable 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; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ADJOURNMENT 6:25 PM Meridian City Council Work Session January 10, 2023. A Meeting of the Meridian City Council was called to order at 4:33 p.m., Tuesday, January 10, 2023, by Mayor Robert Simison. Members Present: Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also present: Chris Johnson, Bill Nary, Miranda Carson, Vincent Koontz, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton (a:aa p.m.) _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault _X_ Luke Cavener Mayor Robert E. Simison Simison: Council, we will go ahead and call the meeting to order. For the record, it is January 10th, 2023, at 4:33 p.m. We will begin this City Council Work Session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Cavener: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Oppose nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Modified Final Plat for Skybreak Subdivision No. 1 (MFP-2022-0001) by Conger Group, generally located South of Lake Hazel Rd., East of S. Eagle Rd., and North of Columbia Rd. Meridian City Council Work Session January 10,2023 Page 2 of 37 2. Development Agreement (Slatestone Subdivision H-2022-0039) Between the City of Meridian and Charles and Maria Rauch (Owners) and Lasher Enterprises (Developer) for Property Located at 2707 S. Stoddard Rd. 3. Development Agreement(West Valley Emergency Center H-2022-0065) Between the City of Meridian and West Valley Medical Center, Inc. for Property Located at the Southwest Corner of N. Levi Ln. and N. Rustic Oak Way 4. Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital 5. Professional Service Agreement with Hull Film for Meridian Historical Virtual 360 Tour for the Not-To-Exceed amount of $1,800 6. Professional Service Agreement Between City of Meridian and Joshua Binder for Traffic Box Wrap of Terry Binder's Artwork Near Ten Mile and Pine Simison: First item up is the Consistent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of our Consent Agenda and for the Mayor to sign and the Clerk to attest. Cavener: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT REPORTS 8. Community Development: WASD Student Population and Community Programs Projects Meridian City Council Work Session January 10,2023 Page 3 of 37 Simison: And as we are still waiting for one person to show up for the proclamation, we are going to go ahead and move on to the first item under Department Reports, which will be the Community Development W-S —West Ada School District, student population and community programs projects. Turn this over to Miranda or Marci or someone else, whoever would like to — Miranda, you may -- do you want to turn the podium around for her, please? Thanks for joining us, Marci. Horner: I am Marci Horner. I am the planning and development administrator for West Ada School District. In my role I get to analyze enrollment of the schools and their capacity. Today I'm going to update you on enrollment for the schools in Meridian and also share with you some projected enrollment for upcoming school years. First, I just want to review some capacity terms. Building capacity is based on the number of general education classrooms a school has and is established at the time a school is designed. Program capacity is determined after a more detailed analysis of how those classrooms are being utilized. So, if a classroom that is designed to be a general education classroom, but is being used by a special program, such as maybe an E-L classroom or a gifted and talented classroom, then, that program capacity is adjusted. Here is a list of the traditional elementary schools in Meridian, their program capacities and their enrollment for the current school year. The map on the right shows the location of those schools, as well as their attendance areas, which are differentiated by the different colors. All of these schools are currently below their program capacity. Here is a list of the middle schools in Meridian, their building capacity and their enrollment for this school year, as well as a map showing the locations of those schools as well. And here are those high school — or the high schools in Meridian. Going back to the elementary schools, I have added the projected enrollment for the 23-24 school year and highlighted those projected enrollment numbers that are approaching or exceeding the program capacity and, then, here I have added the projections for the 24-25 school year and forecast trend. Here for the middle schools and the high schools, again, are the enrollments and the projected enrollment for the 23-24 school years and, once again, adding the 24-25 projected enrollments, as well as a forecasting trend. And with that I will turn the time over to Mr. Gillen. Gillen: Thank you. So, just for the record, Jonathan Gillen. I'm the chief of operations here at the school district. What I kind of wanted to walk you through a little bit is when is school is identified as —we will use the term hotspot. So, essentially, it has either some enrollment projection concerns or we are getting close to that program capacity. I kind of want to just educate you a little bit on the process the district takes and so once Marci and I have visited, as we continue to look and evaluate enrollments, as we have identified a school that may need some additional, you know, checking on, we will send a team, Marci and myself, along with our chief academic officer Marcus Myers, and, then, if there is any program specific content person, so as if affecting the GT program or special education, we will identify those individuals and we will actually go out and visit the school. So, we will walk the entire building. We will make sure that our enrollment projections, our capacity usage is aligning with the maps that we have. Essentially just verifying that what we say is program capacity actually is. And, then, we will start taking a look at the building and saying are there things that we can do differently. So, education has Meridian City Council Work Session January 10,2023 Page 4 of 37 changed with the change in COVID and so now every student has a laptop. So, I will often take a look and say if you have a computer lab maybe that's something that we could repurpose and so we will go through and evaluate that we will visit with the program directors, obviously, visit with the principal and the administration in the building and will start trying to identify how we can further maximize our building and, then, if there are options identified, part of what I come is to be able to look at funding streams we have available to -- if we need to make any building modifications, so that we can do that to make it as easy as possible. So, a couple of the schools were identified already on your list and so Chaparral -- this PowerPoint is a -- a couple days old. We have actually met -- the enrollment team went out and reviewed Chaparral and what we were able to do was identified -- in that case they are using a computer lab and so we will have that teacher travel, to provide computers as part of the specials in the school and, essentially, that computer lab will be repurposed and so that's kind of the process we will go through. That's usually the step one before we start identifying other facility options. In the case of Hillsdale, our belief is that we should move a portable out there. So, we have a portable in another site we are going to move and so currently we have an architect working through that process and the permitting process. So, shouldn't be surprised in the case of Hillsdale or Pleasant View if you actually see these things come up and you start hearing about them. Pleasant View is much the same. The site was already built with identification for a portable already on it, so we are just going to use that spot and we will be moving a portable from another facility that's currently open and, then, Mary McPherson is one that has been identified as a hotspot. Really for that one we are kind of evaluating the enrollment. A lot of that has to do with the growth in the area and how many students move in. So, we will continue to keep an eye on that. Right now they have the ability to handle the managed enrollment and the increases we project and we will just continue to keep an eye on it. So, that's like a hotspot that really, quite honestly, it's going to kind of stay an ember and we are going to keep -- keeping our eye on it. And, then, I did just want to share a little bit about the other things that the district is doing. So, a lot of that discussion was really short-term solutions; right? We have identified an enrollment increase. Here is how we are going to either move a portable or shift a change in the classroom to be able to meet those needs. The district is also undertaking a pretty large capital planning process and identifying and looking at all of our buildings, really, for those deferred maintenance needs, which also, obviously, affect our enrollment management. So, we have been evaluating each of our buildings, identifying needs across those buildings, whether it be hardscapes, parking lots, playgrounds, those kind of things. You may have started to hear some of this discussion. And so I just wanted you to know that's really kind of our medium term planning in addition to continuing to evaluate enrollment and see if there is additional facility needs that we have. And with that we can stand for any questions you have. Simison: All right. Thank you, Jonathan and Marci. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session January 10,2023 Page 5 of 37 Hoaglun: Yeah. Jonathan, I don't know if this is a question for you or Marci, but I -- I want to make sure I understand. There -- there is a funnel that goes to the high schools or comes down and you start with lots of elementary schools, come to middle schools and, then, you go to the high school, but there is not necessarily a correlation of people look and see, oh, the elementary school is below capacity. Oh, the middle school is below capacity -- that doesn't necessarily mean the high school that they flow to will be below capacity; is -- is that right? Or -- because there is other factors that come into play for some of the other high schools that are outside of our city boundaries and some things like that. So, I just want to make sure I understand that there is — if there is capacity in other schools, does that mean or does it not mean there is capacity -- will be capacity at the high school that they go to? Horner: Well, it doesn't necessarily correlate, because each -- each school is going to be analyzed separately and individually. We have feeder patterns, but -- but, really, we really just have to -- to analyze those schools separately and individually, if I understand your question correctly. Hoaglun: I think Dr. Bub does. Bub: Councilman, I think I -- I hear where you are going. You are right, it is a funnel. We -- right. We have more elementary schools. If all of our elementary schools that were feeding into a high school were lower in capacity, then, obviously, that would feed into that high school at some point. But we don't have any situation in which all of our elementary schools — so, if we have an elementary school that's lower in capacity, we also have three other elementary schools that are at or over capacity, if that makes any sense. So, by the time they come up, because the high school will be comprised of students from seven, eight maybe ten feeder elementary schools at one point where those kids went and, then, we also have to take into consideration average age that people are moving here, average age of kids coming in. A lot of students at younger ages will end up -- will opt -- and I say a lot -- a portion of our students will opt to go to charter schools and, then, by the time they hit high school they want to play high school sports, they want to be part of high school programs and so they enter into our -- our high school. So, we -- we see that transition a lot when they get to high school. If that answers your question. Hoaglun: Yes. Mr. Mayor, Dr. Bub, thank you. It -- it does. And, you know, that's the thing, because it's always a moving target, it doesn't necessarily have that correlation of, oh, in the perfect world if everything did it would, but that -- you just can't look at it that way; is that correct? So -- okay. Thank you. Simison: Council Woman Strader. Strader: Thank you, Mr. Mayor. Thanks, everyone. Marci and Mr. Gillen and Dr. Bub. I really appreciate — I wanted to just say, first of all, I feel like your data has come a long way and I just really appreciate that. I feel like this is a huge improvement from where we were two years ago in terms of really understanding where the district is at and the trends. Meridian City Council Work Session January 10,2023 Page 6 of 37 So, thanks for that. A couple of questions. I guess my first question is about a year ago you guys did a presentation where you had built your projection model and that had led you to conclusions about your capital planning in terms of the number of elementary schools, middle schools and high schools. Given the trends do you still feel like those are the same in terms of your needs? So, that's my first question. And, then, my second question is do we specifically have a high school issue? And it looked to me like the trends in the high school were a lot higher. Maybe it's the population moving, maybe it's, you know, moving from charter schools. But I just wanted to understand how you are going to address the challenges of overcrowding in high schools specifically. Thank you. Gillen: I will start with answering both of those and, then, Marci can chime in. Yes, we did come and present us -- what I will tell you is that those conversations are still ongoing and our needs as we continue to kind of evaluate the enrollment and kind of look at -- if you remember the last time we spoke we talked about the fact that, hey, this is a new projection process for us and so now we are starting to get our first chances to really look at data and be able to say is it working and so we are identifying some places where the projections were -- were right on and that's great and we are identifying some places where -- you know, that might need some more work and so with that I think comes, then, our continued analysis of what that means and what that short-term impact looks -- looks like and that medium term impact and I think you will start to see us have more of those conversations as we kind of roll into, then, what are our needs and, then, how we are going to evaluate those needs and so that's really the first one. In the second question -- I think what a lot of it has to do with, as you look at high schools, is we have a little bit more ability to manage enrollment and -- and just how we maximize the facility. So, for us, really, next steps are doing that capacity analysis, both at the middle schools and the high school levels, so that we can further identify ways we can maximize our facilities. So, in this case where we maybe have a -- what looks like an overcrowding issue, we are able to manage that through teachers traveling and so that gives us a way to basically manufacture some additional capacity within the building and so we will be going through the steps now of trying to do that at the secondary level. It's just much more difficult at the secondary level. It's not as easy. The elementary kids kind of all stay in the same classroom. We know middle school and high school kids move. And so that, along with the CTE programs and the other shifting of students, kind of makes the calculation a little more complicated. But we are working through that process now, so that we can identify are there ways as enrollment increases or as it stays steady that we are able to manage the enrollment as we look at whether we need additional facilities going forward. Simison: And maybe just to piggyback on that a little bit, I think one of the things is Mountain View on your capacity numbers -- but that's been its operational number for 15 years as far as I'm aware. It's always been at that number, whether you put capacity or enrollment, that's how it's functioned, you know, and I -- right, wrong or indifferent, I -- it does stand out, but that's what the -- you know, at least my kids who go there that's what they have become accustomed to and I think the administration and teachers are accustomed to -- to a certain extent. Right or wrong or indifferent, it is what it is in that regards. But, sorry, Council Woman Strader, I just want to have that in since we were on the high schools. Didn't know if you had any other additional questions. Meridian City Council Work Session January 10,2023 Page 7 of 37 Strader: Yeah. I -- I mean so I guess, you know, are -- I understand that the -- that you are in the middle of a process, so you have updated your enrollment projections. Do you -- when do you expect to have your needs identified in terms of that update, in terms of what additional schools are needed or, you know, your more medium and long-term, guess, you know, approaches? Bub: Yeah. Council Woman, this is Derek Bub, superintendent. I just wanted to touch base. We are consistently looking at this. We are working with our board. Obviously, we know what our needs are and we know we are --this is a -- a storm that's starting to brew, as far as we not only have capacity needs, but we also have refurbishment needs and how do we maintain the current facilities that we have and we are consistently working with our board to keep them informed and come up with creative solutions to be able to, obviously, fund those needs and make sure that our kids continue to have great educational opportunities within West Ada. Strader: Thank you. Appreciate that. It sounds like there is no specific timing at this point in terms of guidance of when we would expect that. Bub: Yeah. I'm just -- I guess what I would say right now is I'm not prepared to speak for the board. That's really a board decision as far as how we go forward. But what I will say is that we continue to have conversations with our board and make sure that they are apprised of what's going on. Obviously, there is some changes within the legislature, there is some funding that's going to come from there and so we are -- we are anxiously awaiting to see how that all pans out here in this upcoming legislative session. Strader: Thank you. Mr. Mayor, if you don't mind -- Simison: Council Woman Strader. Strader: Understood. And I think it's fantastic -- I mean listening to the governor talk about the investments in education that are planned and, obviously, we are all really hoping that, you know, capital needs can become a part of that and we are all on the same team, you know, so we appreciate you looking at the data, appreciate you working with the board and everything. I guess just a simple question and we asked -- I think we asked you last time -- I mean do we need to do anything differently in terms of how we are growing or how we are working with you to help support you as you are looking at these trends or do you guys feel like, you know, we are managing -- it's looking fine, let's continue as we are. Bub: Well, I would say this. I mean — and maybe we should have started out with this. We are very appreciative of the relationship we have with our city and with our Council. We feel like you guys are all available to us, very supportive to education. I think we hold -- we all hold education as a high priority in Meridian and -- and it's something that we can work as a team on. As we get closer on a bond or some type of fund -- funding mechanism, we will absolutely touch base. I know that we have talked about having a joint -- a joint meeting here -- Meridian City Council Work Session January 10,2023 Page 8 of 37 Simison: February 23rd. Bub: February 20 -- like I said, February 23rd. I don't look that far ahead on my calendar. So, February 23rd it sounds like we are going to have a joint meeting and we will probably be able to have more in-depth conversations regarding what our direction is and we will, obviously, know more about the upcoming legislative session. Strader: Fantastic. Cavener: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks. First, Marci, I just -- I want to say thanks again for all your hard work. I feel like that you are an unsung hero in our community that not a lot of people know about and I just -- I appreciate every week the good work that you put to give us the opportunity to make the best decision available and I know we were talking about this is our first time we have ever been face to face and I just -- I want to start with that and I appreciate this presentation. The slides that you were going through the schools that were showing the trends to me were really interesting and I'm hoping one of the three of you can maybe speak to a little bit about how -- what the methodology is in determining that trend and -- and what is a fluke for one year versus an ongoing — and, then, superintendent, I will have a question for you here in a minute. But just trying to understand the methodology behind the trends would -- would be really beneficial to be marked. Horner: So, there is several factors that go into projecting enrollment. One of them is the developments and the growth. So, I gave a presentation about student generation rates and even more specifically what is that student generation rate for newer homes, so that we can identify if we have a newer home and I think even one time Council Woman Strader had said like let's -- let's compare newer -- I think we were -- at the time we were discussing apartments, but let's -- let's compare those newer apartments with -- and so that's something that I have really taken to heart and done. So, we are planning those student generation rates to the developments and being able to identify what we can anticipate -- and that's what you see in those letters, what we can anticipate as far as student counts from those new developments. So, that -- that's one factor, the growth factor. Another factor is taking away the growth and what is happening with our students not-- not considering that growth. So, our students -- leaving it at a certain grade -- grade level, are they coming at a certain grade -- grade level, which -- which Dr. Bub alluded to in 9th grade we see a jump, a spike. So, we will call that mobility and -- and it's different in every area. So, we kind of -- we get to a -- not district wide, but more of— I like to look at that at an elementary attendance area level and look at that residential base mobility to see what -- what are the trends that are happening. Elementary we add in another factor, which would be birth rates to anticipate kindergarten and future years lower level. Meridian City Council Work Session January 10,2023 Page 9 of 37 So, all of those three factors can produce this projection, if you will. Now, again, these projections, what I'm learning as we continue to do this, is feeling confident about -- and learning more about the projections and taking a look and say did we -- did we -- did we project accurately. If not what went wrong? What is different? Is the mobility accurate. In some areas we look at the mobility and we say we can't --we don't have a large sample area for this mobility, because we have so many new homes. So, we have to do -- maybe do some adjustments and that's a learning process that we are going through. So, all of this look -- as we look forward we can -- we can project into the future, but too far into the future there is too much change as we -- we have noticed that even growth is -- is -- is slowing down a little bit. So, we have to look far enough ahead, but not too far ahead, if -- if that makes sense. And so that's where those -- those forecasting trends come from, looking at what those projections are with those three factors and, then, even maybe an additional factor of just the institutional knowledge of what particularly goes on at -- in a certain area, because we do have some schools of choice options, we have -- looking ahead we -- we had full-time kindergarten. Did that affect our numbers. This year we have a -- a charter school coming in in this area. How is that going to affect -- so, that fourth factor of just that institutional knowledge of what -- what is happening. So, all of those get combined and we come up with this — so, I come up with this projection and I will look at a couple of years in advance and -- and come up with that trend and I feel confident that the -- while the numbers are not going to be a hundred percent accurate, the trends are -- are -- I -- I believe are going to be accurate. Cavener: Mr. Mayor, maybe one more. Simison: Councilman Cavener. Perreault: Superintendent Bub, because we are so lucky to have you here, I -- I -- I do have kind of an interesting question for you. There is a very small part of Meridian that is within the Kuna School District and we had an annexation request that came in a few weeks ago and representatives of the Kuna School District came with a letter saying that they didn't support this annexation unless the developer was willing to, essentially, write the district a check and it was a little bit of a head scratcher for me and I'm just curious from a policy consideration process is that something that West Ada is considering to emulate? Has there been any discussion from the board? Are those -- is that part of your SOP that you guys are exploring and should we expect to see any of those types of requests from you guys in the future? Bub: That's a great question. And, no, we have not explored that. That's just not a policy that we have -- Cavener: Okay. Bub: I will just say we believe for West Ada that that's not a road that we are ready to go down — one that — that that's going to be on and we work hand in hand with our developers. Our developers have done a great job of donating land when we need it or giving us land at -- at -- at an affordable cost to be able to build schools and -- and we Meridian City Council Work Session January 10,2023 Page 10 of 37 work hand-in-hand with them and we will continue to do that. We will provide really good feedback to the Council on some of those zoning applications. But, overall, we -- we -- we anticipate continuing to work hand-in-hand with our developers. Cavener: Thanks. Appreciate it. Simison: Council Woman Perreault. Perreault: Thank you. And just a couple of comments and, then, a question. Sorry for my voice. I'm under the weather this evening. So, if I understood correctly from Dr. Bub and Marci, that the numbers jump headed into high school. I know as a realtor I have had many clients that have decided to wait to move their families until their children are at that age. Also have had families that have moved locally from different areas, Caldwell, Nampa, Boise into the district when their children are in high school, because they want to take advantage of certain programs or certain athletic opportunities. So, I assume, though, that there is some of those elements as well, which, of course, are really hard to quantify. My question related specifically to the high schools is has there been conversation with the board about moving boundaries? You know, I know that it's been a hesitancy of the parent committees, but it seems to me like you have this continual opening in Meridian High of about 300 students and -- and we -- there hasn't been an adjustment to either the north or the south to accommodate some of the extra students in Mountain View or Rocky Mountain. Bub: Yeah. Well, let me start with -- I think those are two -- I will cover both schools. So, Rocky Mountain we feel like our projections -- with the opening of Owyhee High School our projections are actually that Rocky Mountain is going to reduce enrollment -- continue to reduce enrollment. The way we opened up Rocky — Owyhee High School, we -- we expect that this year will be probably the largest Rocky Mountain is over the next couple years. I think that was the last time I looked at those projections. As far as boundary changes, yes, we always consider boundary changes. I think it's really difficult to move kids from one school to another school. Socially it's difficult. Obviously, we have gone through some -- some challenging times with the pandemic and everything else and so that's -- that is always an option that we look at. I think it's -- it's a difficult option, but it's something that is always a consideration as we move forward and I agree with you, I do think that we do see a large mobility rate when it comes --when it hits high school. People move into the area in high school from outside -- outside communities for a variety of different reasons, from outside the state for a variety of different reasons. We will continue to see our high schools with large numbers I believe. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just one follow-up question, Dr. Bub. So, is -- you -- your team has done a great job of starting to identify the process by which they will decide to increase the space or use of classrooms or add a portable, all those things that we discussed this evening Meridian City Council Work Session January 10,2023 Page 11 of 37 and so it seems to me like you have a checklist now, an order -- order of priority that you go through. Is there something like that -- that -- that exists for the boundary changes as well? Is there -- do we wait until all of the facility capacity is met and, then, the boundary change conversation is had or how does that work in -- in terms of priority of what you go through to accommodate additional students? Bub: Yeah. Great question. So, we actually have a policy on -- around boundary changes. So, if we wanted to go down that road we would have a parent committee, we -- we would bring in the community to be able to have input on those -- on boundary changes. It is one of the factors that we look at to mitigate any growth issues that we may have. So, it -- we can't just -- as part of our policy we -- we can't just make boundary changes quickly. It takes a committee of individuals that look at all -- all different options and look at the possibilities to be able to make decisions for kids. Now, that being said, I will say boundary changes are always an option for West Ada. They -- they -- they will always be an option for us to look at as we try to accommodate all of our students. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Either one of the two of you can answer this question, whoever is brave enough. I know boundary changes are not something that are looked upon fondly when they have to happen and several times they have been proposed and rescinded. With these numbers climbing are you still looking at -- and it's elementary and secondary -- keeping your classroom ratios of student to teacher the same? Bub: Yes. Really direct, yes, we are looking at keeping those classrooms teacher -- that student-to-teacher ratios the same. We don't want to overpack our classrooms. You are absolutely correct, boundary changes are -- are wildly unpopular for a variety of reasons, including the fact that people don't want their child, who has established themselves as a sophomore at Mountain View High School, to end up at a different school. Regardless. And that's not one school versus another school, that's just really -- you have established your social setting there. We -- boundary changes are -- are always really difficult. We also will -- are committed to maintaining the teacher-to-student ratio. We feel like that's a prime area for our students to be able to learn. It's important for our teachers to be able to give individualized attention to our students and that becomes difficult. Again, the high school -- working my entire career at high schools, the high schools you are able to manage a little bit more. I was -- I spent time at Mountain View High School. I served two years at Mountain View High School. And you are able to manage that a little bit more by having teachers move classrooms throughout the day. There is just some -- some different opportunities there. We also bus kids for CTE programs where they are not on campus. There is -- there is a lot of variables at a high school that you just don't see at -- when you are in an elementary school. So, we feel like it's -- it's less of a -- we have more tolerance there. How is that? Simison: Council, any additional questions? Meridian City Council Work Session January 10,2023 Page 12 of 37 Strader: Mr. Mayor? Simison: Council Woman Stader. Strader: So, comment. One of our members of our planning staff -- I believe at a -- one of our meetings on a development had made a comment about hearing through the grapevine that maybe we didn't find your letters as useful these days or something along those lines and I just wanted to make sure we just directly dispel that. That we read that letter every time we consider approving a new development and it's incredibly important to us that you -- you know, I -- I think you understand that, but I just want to make sure we are just really upfront about how important that letter is and the, you know, projected students from new development in the area is very important to us and just so you understand how important that feedback is. I know we all look at that. So, just wanted to make sure there is not any misunderstanding about the usefulness of that. Bub: Yeah. I appreciate that. We -- we -- we do take the time to make sure that we are trying to inform the Council as they make these decisions and -- and we appreciate that feedback. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Just along those lines of what Council -- Council Woman Strader was mentioning -- and I appreciate her saying that, because I completely agree. We have -- we have had some of our development -- development community come to us and say, well, you know, the schools in your priority growth areas are really full and that's true, our priority growth areas — Owyhee is already full and Mountain View is full and those two areas are -- are where our priority growth has gone and so with Marci's projections showing that those two schools will continue to have increased enrollment, it does make sense that that's the case, the benefit I think to all parties is that you also have an understanding of our intention, where our growth is going to be and, hopefully, that helps the district to make some of those decisions and we certainly don't want to -- you know, we are -- we are -- we are basically telling the development community, hey, these are the areas we want you to expand and, then, if or when we come back and say, yes, but, then, there is not enough enrollment -- or, excuse me, there is not enough school capacity in those areas, so we would rather not put a development there, we have a little bit of those conversations going on. I think as we continue to get more refined with what you are doing and what we are doing, it will -- it will start to really work itself out. So, that's where I see some of this data becoming really important for our entire public and not just for us as a city and how we plan. I think this is going to be important for all of our community, development community, our parents and everybody. So, just wondering if you all will publish these slides or something similar to it on a location on your website. Bub: We -- I don't know that we had plans to -- to publish this. I -- I think that this will be part of a bigger plan when we start talking about a long-term facilities plan. And it's not Meridian City Council Work Session January 10,2023 Page 13 of 37 that it's secret -- it's, obviously, part of an open meeting right now. It's just -- I don't know that we have a spot on the website as I'm -- as I'm walking through that. Simison: All right. Well, thank you very much. We appreciate it and we will -- we will see you on the 23rd of February, if not before in other ways. Bub: Thank you. Simison: Thank you. And for the record, Councilman Borton joined us at 4:44 p.m. Let the record note that, please. Carson: So, Miranda Carson, community development here at the city, doing comprehensive planning. It's nice to meet you, Councilman Overton. I wanted to piggyback, while we were talking about schools and talk a little bit about our community programs and our safe routes to school and how those safe routes to schools are identified, how we identify community programs. There was some questions that came up regarding just how we are keeping our kids safe and our community safe around schools. Those are sites that are used both, you know, morning and afternoon as students come and go. Those are also sites that are often used after school for events or even just used as community parks for people to go let their -- I know I have taken my toddlers to go run around a -- a school playground before, so we want to make sure they are safe for all ages. So, first I want to talk a little bit about the State Department of Education and what — what steps they have taken for reporting for those safe routes to school. So, school districts are required to report any hazards -- any areas that are hazardous for students within a mile and a half that they are going to be busing students. Those are called safety busing anytime that a student within a mile and half of their school is bused and the school district is required to come up with some kind of scoring element to look at the one and a half mile buffer around a school and determine where it's not safe for a student to walk. So, when a school district is going through that process there are a few considerations. This isn't the full list, but a few of the considerations that they are looking at are the widths of the shoulder, the traffic counts, how old are the kids. Of course, we would expect a high school student to be able to navigate a situation a little bit differently than a kindergarten student who is walking with their parent. Are there trucks. Farm equipment. We even look at -- it's even suggested to look at temporary hazards. So, there has been cases where there is construction and there might be temporary safety busing. So, this is what the State Department of Education requires every three years. As far as how West Ada handles this requirement, I'm not going to speak to that. I don't want to speak for them. But I did just want to let you know that requirement is in place. So, how do we identify the hazards? So, as a city we do identify hazards. West Ada does their process through that walk through committee to identify hazards. ACHD has a process to identify hazards through their neighborhood pedestrian and bike plans. Here at the city we are working with West Ada to what kind of input are they getting from parents and school administrators. We also get residents -- this year we had a Girl Scout troop come and speak to the Transportation Commission about a concern that they had as a troop. So, we get requests from community members. You all got a request and passed it to the Transportation Commission and they vetted it and Meridian City Council Work Session January 10,2023 Page 14 of 37 spoke to residents. So, that is a -- a vital part of the process to look at. Our transportation network, not just for cars, but for every mode of transportation -- bike, feet, bus. Maybe one day trains. We also do some site visits. So, we have gotten -- we get requests occasionally that there is an issue and I might go out and look at it or transportation commissioners might go look at it prior to a meeting. So, that's how we identify areas. The ACHD neighborhood pedestrian bike plan process is also extremely lengthy. They bring in stakeholders from multiple groups. They go out into the community with pop-up meetings. Community meetings online. They go into schools in the past and ask the students themselves where do you feel safe? What keeps you from feeling safe when you are walking to school. So, these are how we identify those -- those areas that we can make improvements or those areas that currently have hazards. So, I wanted to give a couple of examples. So, I brought two schools to give examples. Excuse me. So, first I want to orient you all a little bit to this. So, the purple is the Mary McPherson attendance boundary and, then, if you can see the kind of light orange is a one and a half mile -- this is just a point buffer, not a walkout buffer, but just to kind of give you an idea. And, then, a one mile buffer here. This small area is the actual walk zone from Mary McPherson. So, based on the one and a half miles that the State Department of Education says students can walk to school as long as there is no hazards, of that -- of that buffer only this percentage -- this small section of students are actually walking to school. So, then, the next step is to say, why -- why can't the kids in this area get to school that's right here where this purple schoolhouse is? Why can't they get there safely? So, as an example I wanted to show you this -- this green path -- and I apologize this cursor is not working right. This green path here -- if there was a pathway installed there -- and this is an example. But if there was a pathway installed there, this neighborhood could access that school through neighborhood walking routes. Potentially. It would have to be evaluated, but that would greatly increase the walk zone area and the walkability to Mary McPherson. Similarly, if there were sidewalks installed at the corner of Amity and along Locust Grove, these students could walk to school. So, we have -- we have a very small portion of students that can walk. I believe it's about three houses right now that can walk, because there is a crossing at Mary Mac. Other than that, the entire school is bused in. So, the next example I wanted to give -- so, that's one example of how we would identify those are things we want to put on our community programs list. Maybe we want to put up halfway or maybe we want to put in -- request some sidewalks through ACHD. So, another example I want to give you is Chief Joe. You will notice there is not an attendance boundary on this one. Chief Joe is a school of choice, so there is a very large enrollment boundary there. But looking at the walk zone for Chief Joe, which is, again, this shaded area, the walk zone for Chief Joe is a decent size, especially compared to Mary Mac. There is still, you know, some areas that will likely never be in the walk zone. Kids are not going to be asked to cross a five lane road, especially not at the elementary level. I doubt they will ever be asked to cross it at any other level. But there is -- there is an area here that maybe could be put into the walk zone. Right now this neighborhood doesn't connect to this neighborhood. So, these students to get to the school have to go out, walk down Fairview, up Locust Grove and into the school. So, it's not a safe route to school. So, it's not included in the walk zone. It's safety bused. One program -- or one project that is on our city programs list is a small pathway connection here that would connect to a micro path and a current pathway that really just needed, you know, 500 feet Meridian City Council Work Session January 10,2023 Page 15 of 37 across a canal to be connected, so that students would have a safe route to school. When that's put in it can be evaluated, is it now safe to walk. And, then, potentially that area that's circled there with the green dotted line could be added to the walk zone. So, this is how we come up with a community programs list. We look at where are their sidewalk gaps, where are their pathway gaps, where -- where could we install bike lanes that maybe there is bike lanes to the east and bike lanes to the west, but this one mile stretch is missing bike lanes. So, where can we put those things in so that users from five to 95 can access the roads and the pathway system in our community through multiple modes of transportation? So, with that I want to talk a little bit about how once we identify those projects how do we prioritize those projects. So, we have identified a list in past years and we update that list every year and add to that list every year. The Transportation Commission is a vital component to updating that list. So, the prioritization starts with ACHD sending planning staff a list of our past requests, whether they have been scoped, programmed, what comments ACHD may have on those from the previous year and, then, we go through and look at if there is any new projects that have been identified over the past year and keep a running list of projects that we identify through the different processes that I mentioned. I keep a running list throughout the year and when we receive our list from ACHD from the previous year I add those to it and, then, the Transportation Commission has a prioritization subcommittee that, then, meets and this year they met for -- they had about a three hour meeting to really dive into every single project and there is about 70 projects on the roads and intersections lists and about 70 projects on the community programs list and they really dive into the projects. We look at aerials, we look at what destinations we are talking about connecting and go through the different considerations. So, some people might look at enhanced crossings more favorably than a sidewalk gap project, but we have a robust team that goes through and looks at those and ranks those. After the prioritization subcommittee meets and kind of same -- during that process I'm also meeting with the Parks Department, saying which of these might connect to your parks, where do you have new parks coming in that we might need projects, because from us requesting a project to ACHD, to ACHD actually getting it built, it might be a four, five, six year process. So, if we know a park is coming in the next six years, you might want to go ahead and start those requests. So, I meet with Parks, I meet with West Ada. Both of those stakeholders I meet with one to two times and, then, the Transportation Commission takes in all the feedback from the subcommittee and my meeting with Parks and West Ada and they do a prioritization ranking and make a recommendation to Council. So, that's where we are in the process right now. Last night the Transportation Commission finalized their recommendation to Council and you will see that in the next couple weeks, so that Council can, then, look at that ranking and see if anything needs to be moved, ask any questions regarding those projects and just work together to get those requests in and make the multi-modal system a little bit better in the city. So, I can stand for any questions on that. Simison: Thank you, Miranda. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session January 10,2023 Page 16 of 37 Strader: I have a ton. I really appreciate it. I have been really hyped up about this, so really appreciate the information. So, I guess a couple of things. So, you know, we have this situation -- I think it's being worked on -- Pleasant View, I believe, like -- so, around Gondola and Black Cat, we had a safe crossing to school issue and it's a case of maybe we are busing students, but there is human behavior and if you live right across the street from the school you may still have children that are crossing unsafely and so I guess my first question is how do we accelerate the process if we feel like there is something particularly hazardous or how do we, you know, ensure that West Ada and ACHD can work together to make sure we have adequate pedestrian plans in place for new schools? So, that's kind of my first question. Carson: Yeah. That's a great question. Thank you, Council Woman Strader. So, the Gondola example is a perfect example. There have been other projects throughout the year. We --when the Transportation Commission gets a concern from a Council Member, citizen, a parent, any concern that they get, a business owner, they don't say, okay, let's add it to your list to look out at the end of the year when we do our prioritization, they address that concern right then and we have ACHD staff that sit as ex officios on that commission and they begin that process right then with discussing that with ACHD staff in the meeting and, then, going forward with what tasks can be done. If it was something that we needed to coordinate with West Ada we would do that. We have West Ada representation in the Transportation Commission. We have an ex officio position for West Ada. So, those things are addressed right then. When I spoke to keeping a tally of projects that came up throughout the year, sometimes the Transportation Commission's recommendation is something needs to be done now, let's get started on it, and we begin that process with ACHD. Sometimes the recommendation is that's a valid point. It's not really a pressing concern. Or the development that's nearby hasn't finished building out yet, so it's not something that needs to be done right now. It's not like a fire issue, so let's put it on the list to look at when we do our prioritization. Strader: Mr. Mayor, I have a couple more if that's okay. Simison: Council Woman Strader. Strader: Thank you. So, you know, with our -- for example, our Comprehensive Plan, future land use map, we make sure that we comprehensively update that every five to ten years, for example. It sounds like there is a running list of projects that the Transportation Commission is looking at. How often do they meet? How often do they review all of the school sites comprehensively? Carson: So, the -- so, reviewing the school sites is something that West Ada would do through their walk zone committee process. So, their safety busing process. Transportation Commission gets the requests from West Ada or from parents as they come in and, then, also ACHD has a process that they go through. I think -- so, West Ada does each school every three years is what the requirement is from the State Department of Education. I don't want to speak for them, but I believe they also do it more frequently as boundaries change or new hazards pop up, they would -- they would do that process Meridian City Council Work Session January 10,2023 Page 17 of 37 again. Three years is the -- the minimum. What -- ACHD does their neighborhood pedestrian and bike plans I believe every eight to ten years. So, they do a -- it's a larger area that they are looking at for those plans. And, then, the Transportation Commission meets monthly and takes in requests. I would say we have probably a community request — if I had to guess I would say we have eight to ten community requests a year that come in. So, we are looking at things monthly at different areas. Strader: Yeah. So, I think one concern that I have, just being open about it, is you have three different entities that have a different process and a different cadence of reviewing this information. So, there are these state requirements for safe routes to school, that includes busing, then, you have a different neighborhood pedestrian plan that ACHD is doing and, then, finally, you have citizens in Meridian that sometimes approach the Transportation Commission, but, frankly, I don't even think that that's on their radar some of the time. It would be, I think, really beneficial to us to have a way in Meridian for us to comprehensively -- you know, either hire a consultant or go through on a regular basis all of our crossings to school, even if it's every ten years or something, just some kind of regular review or process where citizens can be directed here is who you provide feedback to. We have a plan in place. Every so often we comprehensively review, because there is a component to this that I don't see, which is, you know, streetlights, for example, things like that, that are a part of safety that I'm not seeing those being captured here. Maybe they are. But I'm just worried about -- -- you know. Because like I had a group of concerned moms that was upset about this particular crossing. The only reason I knew about it was Facebook. They didn't know where to go. They had talked to the school. They had been told by West Ada one thing. They had been told by ACHD another thing and, then, the City of Meridian was nowhere really in the mix of that and now I'm really grateful to our staff for helping to coordinate. But, you know, how do the three of us -- the three agencies kind of work together to have a -- a better plan? Because this is, obviously, a huge priority. We want kids and families to feel safe getting to school. Every time we have a, you know, death of a student here in Meridian -- I mean it's a huge tragedy and pedestrian deaths are avoidable. You know, we need to really try our best, I think, to have a process. So, I don't know, that's just some feedback. I might be the only person, but I doubt it, that's kind of concerned, just that there might be things falling through the cracks. Carson: Mr. Mayor? Simison: Yes, Miranda. Carson: Council Woman Strader, that's a great point and I want to -- we could explore having a consultant. That's something that could be discussed at the staff level. I don't want to speak for my department. I will say that West Ada's process of doing it at a minimum every three years and likely more frequently as boundaries change and hazards change is a process that the city is invited to sit on and we do. Police are invited to sit on and they do. So, it is a process that West Ada leads the effort, but it's a coordinated effort between the city, police, I -- there is typically a regional director, I believe. I don't know if ACHD has been invited to those in the past. West Ada would have to speak to that. And Meridian City Council Work Session January 10,2023 Page 18 of 37 then -- so, granularly -- granular we are getting requests from citizens for specific areas and, then, smaller sections West Ada is evaluating -- taking -- taking the charge to evaluate those with the city on the team and, then, at a larger scale ACHD is evaluating those every ten years with West Ada and the city on the team. So, I wouldn't see it as three separate efforts, I see it as three separate agencies heading up the same efforts with different scales and different timelines. So, really, I think we have a good overlap in those efforts. Simison: With ultimately ACHD having the ability to determine what gets built on any given year throughout the entire county between West Ada, Boise, Kuna — did I miss any of the other school districts? Carson: That is correct, Mr. Mayor. We have -- we -- we make our requests to ACHD, whether it's in the Transportation Commission meeting as we are talking with staff, through requests that Council has sent to ACHD administration in the past or whether it's through this request process, we can make our requests, but short of going out and, you know, doing it ourselves, ACHD has the authority and I will say occasionally we do go through a process to go out and do it ourselves, so to speak. We have development improvements going on near Discovery Park that we felt were more pressing. So, the city went into a development agreement with the developer to get those done more -- more rapidly. West Ada, you know, saw a need that was brought to them by citizens and they moved to get the crossing in place before ACHD had the funds for that. One of the pathway connections that I mentioned earlier we are going to look at with block grants we can use to make that small connection and increase the walk zone. So, we make requests to ACHD and they ultimately hold the dollars and the decisions on when those requests get funded. Strader: Yeah. I guess I'm just a little concerned about -- like if I'm a parent and I call you, you know, or somebody in the city, what is the official recommendation on -- I don't feel I have a safe route to school for my child, what -- what would I be directed to do? Carson: So, the first thing -- Mr. Mayor? The first thing that you would be directed to do is have you spoken with the school district? If the school district has given -- you know, do you know what your walk zone is? Has it already been identified that you don't have a safe way to school and maybe you just weren't aware of that. If you are in a walk zone and you don't feel it's safe, we can talk to the school district about maybe there needs to be an intermittent safety committee that's pulled for that school. If it's an area that's not in the walk zone, but we know students are using it, because students and parents are going to do what they do, then, that's something where we have the Transportation Commission look at it and we frequently invite those people to either come and speak to the Transportation Commission and, then, I also always tell them whether you come and speak to the Transportation Commission or not, they are going to review the request. So, the citizen doesn't have to come and speak, they can just call me and tell me they have a problem and the Transportation Commission will consider it and go through the steps of—does it need to go to West Ada to have them do something -- like the Gondola project. Do we need to look to ACHD to say we need more speed limit signs? We need on-street Meridian City Council Work Session January 10,2023 Page 19 of 37 parking. We need more crossings at this location. So, that -- that's the process that a citizen would go through when they get put through and they call the City Hall and they get put through to my desk, because they have a Transportation Safety concern. Strader: Yeah. I mean it just feels like a big opportunity here to try to streamline that process for citizens and create a more coordinated effort between our three agencies, I guess, would be my feedback. I -- you know, I worry that we are -- we are putting our Transportation Commission as kind of an intermediary that I -- I'm unclear on, you know, kind of how -- how they are aggregating data and using it and if it's effective or if people would be, you know, better served going directly to ACHD, et cetera. I don't know. It -- it just -- it does feel like there are some that are kind of slipping through the cracks would be my concern. If the three of us, the city, ACHD and West Ada, could have a process where we comprehensively review everything together on a regular basis -- you know, I know that's a huge ask considering everyone has a different process in place, but that might -- that might be an opportunity for us. Thanks. Simison: Okay. Council, any additional questions? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Miranda, excellent presentation. Carson: Thank you. Overton: I remember many years ago when the Traffic Commission was first brought together and at that time I believe we allowed citizens to come to the meetings and make their presentation on their concerns and we tried to have representatives of all the organizations at the table at the same time. Tell me whether this has changed. We were always a little concerned that we were going to be approaching a solution to the problem that made the most noise, not necessarily the ones that should have been the highest priority. Is there anything in place with the Commission currently to kind of sift through what the complaints are, with advice or statistics or studies, to determine what those highest priorities should be, instead of maybe getting caught up in just the one that makes the most noise at the meeting? Carson: Mr. Mayor, Councilman Overton, that's a great question. So, when -- when a request comes forward and when we have the noise for the request, that's the process where we look at and we do say, is this a request that needs to be handled right now? Is this a request that's got an immediate impact on our business community or our residents walking, students trying to get to school, or is it something that can be put on the prioritization subcommittee to make sure that we are not elevating requests, because it's the squeaky wheel and we are actually elevating the requests to have an immediate safety need and if it's not a request that has an immediate safety need or an immediate impact on -- on our business community or our students, then, the Transportation Meridian City Council Work Session January 10,2023 Page 20 of 37 Commission will say let's recommend that be put to the prioritization subcommittee and be ranked with the other projects that come through. So, that list of 70 projects, that's when it would get -- if it's not immediate need -- if the Transportation Commission doesn't deem it an immediate need, then, it will go on that list. If they do determine it's an immediate need -- and ACHD and West Ada sit on that commission as ex officio members and so if that group determines it is an immediate need, we work directly with ACHD, with the school district if we are not getting traction that we need, then, we will come back to Council and ask for some support, because you guys have a much bigger hammer than the Transportation Commission. So, we do go through the process if it's not -- we don't act based on squeaky wheel, we act based on what -- the Transportation Commission acts based on what the — the safety concerns are and the impact to our community. Overton: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Miranda, just a couple of short questions. You touched on your presentation a lot of the great work that West Ada is doing. You know, as we continue to see new charter schools show up in Meridian, many of which provide busing and at least in -- in our neighborhood I see a -- three buses that come by two -- for two different charter schools and, then, the West Ada bus. So, what role and responsibility do these charter schools have in also participating in this process? You know, does -- does the burden just fall all on West Ada and our Transportation Commission? Are they active partners as well and do they have a responsibility to participate as well? Carson: So, when a charter school -- Mr. Mayor, Councilman Cavener, when a charter school comes in with an application for a development they have to go through the traffic process that every development goes through with ACHD to make sure that the infrastructure is there for their needs, which would include students walking. So, whether there is adequate sidewalks for students, whether the roads need to be widened because the traffic is going to change with the school -- so, they go through that process at that point. I think maybe there is an opportunity that when we go through the prioritization process, we reach out to charter schools as well in the future. I don't know that that's something that we have done. We do have charter schools that have -- we have had parents come from charter schools and say that there is an issue and we have addressed that with our traffic sergeant that sits on the commission as an ex officio as well. So, we have addressed that with police through the traffic and, then, we have also addressed it with ACHD and the charter school specifically. Cavener: Mr. Mayor, follow up? Simison: Councilman Cavener. Meridian City Council Work Session January 10,2023 Page 21 of 37 Cavener: You know, it's -- it's one thing about how a student can walk to school, but it's -- I mean, really, the larger picture is we want our students to be able to get to and from school safely, whether they are walking to a bus stop or walking home after they get off the bus and so certainly for students who live near a school, you know -- and -- and Chief Joseph is a great example. That school was built in an existing neighborhood, so, of course, it's much easier -- I was a Chief Joseph kid -- go Appaloosas -- and I would walk to school, go home at lunch, where Mary Mac, right, is out in the middle of -- was out in the middle of-- of nowhere and so certainly there is less opportunity to walk. But it's also about how those students, when they get on a bus and get dropped off at a bus stop, that they are able to also get home safe. So, how do we intertwine both of those things? Because I think they are — I mean the students that are walking to school is a small subsection of our overall student body in West Ada and these other schools, so how -- how far out do we go to look to ensure that when they get on and off a bus that they are also getting home safely? Simison: Miranda, you got a friend behind you, just so you know. Carson: Oh. So, real quick I want to speak to -- you are correct, students getting -- you know, walking is a small population of the students. Students in general is a small population of the city. So, really, when we get into the ACHD neighborhood and pedestrian bike plans, that's looking at how to our residents get to connections. How do they get to the grocery store? How do they get to the library? When they are at home, you know, not trying to get to school, how do they get to the YMCA? So, that process, the ACHD neighborhood and pedestrian bike plan process, brings in lots of stakeholders and that's looking at the larger network, not just getting to and from school, but getting through your community on foot and on bike. Cavener: Okay. Simison: Dr. Bub, do you have anything you would like to add? Bub: I just want to -- Mr. Mayor, Council, I just want to speak on behalf of West Ada, if can have two minutes of -- of privilege here just for a second. I want to talk about our process when it comes to busing. If there is a busing safety concern through our website, you can put a work -- work order ticket in and we will look at every single one of those work order tickets and respond to every single one of those work order tickets. Now, to put a HAWK light in is -- obviously, it takes time and -- and getting that approved through ACHD. We are paying for the HAWK light off of Gondola. We are -- we are taking on that burden. When we asked about how do you -- how do you prioritize? Is it the noisiest? No, it's not always the noisiest. Sometimes it is. We are sending a bus over for safety for a total of 15 kids. Does it make sense to have a bus over there? Maybe it makes more sense strategically to have a HAWK light there where kids can walk across the street and now we have freed up a bus, which we all know that busing in general is -- freeing up those routes is a huge concern for all of us. So, that's kind of our--our process. We look at every single one of those at the beginning of every school year. We also drive every single route, because, as you know, if we looked at things every three years, within Meridian City Council Work Session January 10,2023 Page 22 of 37 three years there is a high likelihood that there is going to be construction on one of these roads and probably not a safe area to put buses or to have a bus stop. So -- so, we look at them consistently. Now, we have a routine meeting every three years, but that doesn't mean we can't move --we can't change bus stops. We are very agile with --with changing bus stops. We communicate with our parents. And that could even be, hey, State Street is going to be torn up this -- this next year. We know that. So, we are going to move those bus stops with -- within a month of that. We know that there is some bus areas out where the 16 is going in out by Owyhee High School that we need to -- that we need to make adjustments to. So, we make those consistent adjustments. Not every three years. Every three years is when we formally meet with the committee of people, bring all stakeholders in, but safety is our ultimate concern. We have a process for that. Parents can put in a concern with that. We will look at those concerns and we will try to address them and one of the examples of addressing that is through the HAWK light. It just takes time to be able to get that and we will even fund that if — if needed and we are funding that HAWK light at Gondola. Cavener: Mr. Mayor, maybe one more question for -- for either of you -- Simison: Councilman Cavener. Cavener: -- as long as you are both here. What type of funding does the state provide, you know, in terms of-- of grants or programs? Does anything like that exist? I -- I seem to remember from my lobbying days that there was somebody that was always down advocating for more funding for safe routes for schools and so I didn't know if that's a grant program or if West Ada is so big that you don't get a -- a share of that pie and maybe it goes other places. Gillen: Mayor and Council, really it's a safety busing process. We have provided reimbursement through the transportation process for that and that's really our only avenue in the case of a HAWK signal that we will be installing, we are actually using capital -- capital funds to be able to do that. So, it's coming from the district. Cavener: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I just want to thank you for looking at having that HAWK signal installed. That's a really important project to parents in that area and I appreciate you guys, you know, accelerating that and making it happen, because it sounds like it was a very unsafe situation. So, thanks for doing that. Simison: Agreed and echo those sentiments. Council, any additional questions for Miranda? Meridian City Council Work Session January 10,2023 Page 23 of 37 Harper: Mayor? Simison: Lieutenant Harper. Harper: Mayor, Members of the Council, just to update on Gondola. We had a -- a conversation not too long ago with a development going in in that area and concerns about traffic speeds and I just wanted to give you guys a quick update on the record that our traffic team went out there and in one day wrote 50 tickets during school hours and I won't add on the record who the majority of those folks were that were receiving the tickets, but we had -- again, we know the importance of-- of safety of our youth, especially going to school in the morning or after school and, fortunately, you are able to be here on Tuesday nights and receive that information and take enforcement action when necessary to try to improve those -- those areas where we have safety concerns. Simison: Thank you for sharing that. Okay. All right. Thank you very much. Appreciate it. Thank you, the West Ada team, for being here and -- and staying for the entire conversation as well and we look forward to seeing you again real soon. So, thank you. PROCLAMATIONS 7. Proclamation for Mental Wellness, Suicide Awareness & Addiction Recovery Month Simison: And with that we are going to go back to Item 7, which is a proclamation for Mental Wellness, Suicide Awareness and Addiction Recovery Month. So, if I could get September and Angela to join me at the podium, we will do that and thank you for your -- sitting through that presentation. So, Council and those -- some of you may recognize September, but I got to get that -- those words out -- from our Meridian Stars earlier this year. But I will go and do a proclamation and, then, I will turn the mic over to both of you for any comments you would like to make on behalf of the work that you are doing on this topic. Whereas people with mental illness, addiction struggle or thoughts of suicide can recover given the necessary services and support in their communities and whereas research shows that promoting connectedness between people and within communities creates a sense of belonging which can be a proactive factor against suicide and addiction and whereas people with these struggles make important contributions to our families and our communities, have many life experiences to offer so that others can find success and recovery and whereas greater public awareness about mental illness can change negative attitudes and behaviors and whereas we believe the connection is the cure and that encouraging those connections takes work and partnership in the community and whereas working with our community partners to introduce and connect people with the mental health, addiction recovery and suicide prevention resources that are available throughout the Treasure Valley is critical to the well-being of our families, communities, schools and businesses, therefore, I'm, Mayor Robert E. Simison, hereby proclaim January 2022nd -- January 2023rd as Mental Wellness, Suicide Awareness and Addiction Recovery Month in the City of Meridian and encourage residents of our community to commit to increasing awareness and understanding of mental illness, reducing stigma Meridian City Council Work Session January 10,2023 Page 24 of 37 and discrimination and promoting appropriate and accessible services for all people with, you know, mental illnesses, dated this 10th day of January 2023. So, thank you for -- for being here and for bringing more awareness to this issue. Angela: I would just like to say a quick note and just really my appreciation to the city for their conscientiousness and their support of this initiative and for the support in connection is the cure in our agenda for this year, really, to bring some great programs to the community and the Treasure Valley at large and so thank you so much to the city and the Council Members today. Frogley: I just want to echo what Angela said and I think when we started down this path about 18 months ago, I really felt like it was my opinion that this was important and as we have moved forward it's gone from opinion to fact. This is really important. Our community, as we are getting out there and talking to people and hearing people's stories and their experiences, so we are so thankful for the support and the backing of the city and we look forward to really great partnerships and being able to help more people. So, thank you. Harper: Mayor, if I can add a couple of comments. I just want to introduce Sam Luque and Mike Painter. They are part of CIT team. Sam is our clinician and I just wanted them here to be part of this proclamation. I think it's important to show our support and the work we are doing in the city, not only through mental health, but also with substance abuse through MADC. So, again, I'm glad we could be here to support you guys tonight. Thank you. Simison: Thank you, Lieutenant and the department. We appreciate it very much and, yeah, it is -- it is a partnership all the way around through the community. So, very much appreciated. Okay. All right. Council, are we good to keep going or do we need to take a break? I just want to make sure -- we are a little bit off -- off our normal schedule with what people normally do. ACTION ITEMS 9. Mayor's Office: Strategic Plan Update Simison: All right. Then with that, Vincent, we will do Item 9, which is the Mayor's -- Mayor's Office Strategic Plan Update and I will turn this over to Mr. Koontz. Koontz: All right. I'm excited to be up here. I haven't been up here in a while. Let's see. Yeah. Good afternoon. I guess it's good evening now. So, Mr. Mayor, Members of Council, I am here to provide the biannual execution update for our city's 2021 to 2025 strategic plan. Councilman Overton, I'm glad to have you here and look forward to working with you and collaborating with you in the future on -- on different projects. So, I'm the strategic performance analyst for the city. My main job duties are administering, managing and creating the strategic plan with the help of all the staff. I'm also in charge of our continuous improvement program. But tonight I'm going to talk about our strategic Meridian City Council Work Session January 10,2023 Page 25 of 37 plan. So, the strategic plan was formulated with our vision of kind of where we want to be, our mission of what we want -- how we want to do it and, then, our focus areas about what we care about and, then, the goals and those are kind of the key things. Like what do we want to achieve, how can we achieve it. Those are kind of the key framework pieces of our strategic plan. So -- and, you know, Councilman Overton, I know you are new to the Council, but I know you have been with the city in various capacities for a long time. But if you have any specific questions as we are going through the presentation, I'm happy to answer them for you. And on the agenda tonight -- so, we are going to talk about kind of a recap of what's occurred from June of 2022 to December of 2022. We are going to go through by focus areas of some of the highlighted work that's related to some of the achievement of the goals in the plan and, then, we are going to talk a little bit about some of the ongoing execution and, then, any -- any questions you might have on those topics. So, just a general update. Again, this provides about a year and a half of total execution in the plan. I'm happy to report several key stats in the plan. We have completed 59 of the 359 tactics, which represent about 18 percent of the total plan's tactics. We have work currently in progress on 85 percent of the tactics in the plan. Our departments have engaged you as a body on several key initiatives. Over the past six months you have heard from them on transportation and roadway improvements, parks and transportation, Parks and Public Works master planning efforts. The civic block and housing attainability. And these don't represent everything that -- that's associated with the plan, but these are some of the key areas that departments engaged with you as a body on related to the plan. So, I'm going to go through by focus area and talk a little bit about some of the things -- some of the key highlights we have achieved during this last six months. First one is responsible growth. That has to do with our long-term comprehensive planning efforts, prior prioritizing in-fill development and encouraging diverse and -- diverse housing options. Related to -- related to that, so -- and going to our Comprehensive Plan, planning has surveyed you over the past and -- on what you would like to have provided to --for them from data on entitlement decisions through their staff report program. They also look to improve that report and by getting input from you on what they provide the Planning and Zoning and provide you the most relevant information for the staff reports in early 2023. Both the parks master plan and utility cost of service study have been shared with Council. Parks looks to-- Parks to bring the Parks Commission and the City Council the final draft of their Parks master plan over the next few months and, then, that--the fee adjustments as part of the cost of service study were approved in November and additional recommendations are currently being reviewed by Public Works and will be brought to Council accordingly. I know you heard a lot about housing attainability and affordability over the past year. You approved updates to the UDC, including live-work, accessory dwelling units and parking standards for vertically integrated projects. That's a mouthful. Discuss -- discussions will continue with Council and stakeholder groups to identify recommended changes to code, policy or innovative ideas over the next -- over the next year. Related to transportation and infrastructure, related to the goal of improving roadways and efficient travel, Linder Road has continued to progress with ACHD's leadership having a favorable reaction to constructing the overpass without full road buildout and Keller, the project manager, is currently at about 30 percent design completion. Keller's going to be working with homeowners to look to secure right of way acquisitions in early 2023. Related to some of the pathway Meridian City Council Work Session January 10,2023 Page 26 of 37 connectivity. Creason pathway paving is complete along Five Mile Creek and, then, the Linder and Cayuse Creek and Linder pathway segments are ready for construction when weather allows in the spring. And our Transportation Commission, as Miranda was alluding to, is also evaluating some of the community projects in their integrated five year work plan. Related to some of the safety and accessibility services, we have also engaged our partners on Eagle Road in the corridor review study and safer study to reduce accidents and improve safety and speed along State Highway -- State Highway 55. We are also, as -- as Miranda alluded to, so I'm not going to talk a lot about it, but the -- the partnership with Black Cat and Gondola crossing that we are working on there, so she talked a lot more about that, so I'm not going to cover that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Is it -- is it okay if we just ask questions as we are going through each one? I know you sent us this already and I think most of us, you know, had a chance to review the PowerPoint previously, but I did have kind of a comment about the transportation one. Or do you want us to wait until the end? Koontz: Mr. Mayor, Council Woman Strader, I — I can answer them now. I am happy to answer them now or at the end, whichever you prefer. Strader: Okay. Well, if you don't mind, if you can go back one slide on the school zone and safety crossings. Just an idea for us -- and I know we update our strategic plan, you know, kind of on a regular basis, but as we make progress, you know, maybe we want to add to it. One thing that occurs to me with the pedestrian safety is, you know, I think we are hearing a lot about individual efforts that we are making and, then, we are hearing about the process that each of the agencies we partner with does, but I would like us to maybe ask a different question, which is something along the lines of what would we need to do to have some of the best pedestrian safety outcomes possible for our city? Like really come at it from the other side of what are the best practices? You know, if we need to engage a consultant, that's possible, but, you know, similar to how, you know, AARP has their standard for communities, there are, you know, Vision Zero communities, there are a lot of different organizations that are focused on helping communities reduce pedestrian fatalities and have better multi-modal transportation. I'm just wondering if -- this is the comment, if -- if -- as we are doing our tactics and checking them off, I would hate to have us say, hey, we -- we are completing 85 percent of our tactics, but we are not like kind of going ahead and pushing forward on -- on things that we can do beyond the tactics that were originally set. So, that--that's just kind of a comment, but, you know, we have had a couple of really sad, you know, fatalities happen here in the city that have been just really tragic and I would hate for us to wait until 2025, you know, to expand our focus on the multi-modal safety and the -- and the pedestrian safety, so, you know, just to comment on that one. Meridian City Council Work Session January 10,2023 Page 27 of 37 Koontz: You know, Mr. -- Mr. Mayor, Council Woman Strader, I think that's the one thing that's been, you know, good about our plan as we plan to make it nimble and so, you know, as the tactics do get completed, one thing I have had conversations with about the directors and with the SMUs working on the -- on the projects has been, you know, what's next. You know, when we do complete something what is next? What's coming up? What's around the corner. So, it isn't just a tactic is completed and, then, we are done. The work's definitely never done and so -- and that speaks to the strategies and the goals above it. The goals aren't completed just because one of the pieces of the tactic is done, so — so, I appreciate that comment, but, yeah, that is -- that is something that's being discussed behind the scenes with the departments and that's one of the reasons they come to Council to, you know, give you those discussion topics and -- and take the input. So, I appreciate the comment though. Strader: Thanks. Koontz: And related to business and economic vitality, this focus area is -- includes work related to our downtown targeting industries, business engagement and family wage job creation. Related to the goal of business and economic and downtown development, we have kind of several key projects. The city's actively participating with the Chamber's Workforce Development Council, where we hope to provide and develop hiring and retention tools for existing businesses related to downtown development. MDC, Public Works are partnering with FEMA to work on the Nine Mile flood floodplain improvements in downtown and they have applied for a grant that would assist for that project. We anticipate a spring 2023 decision with FEMA. The city would currently be responsible for about 421,000 dollars, which -- which MDC would help reimburse the cost. MDC also secured a consultant for the future for our downtown with the next down -- Destination Downtown plan, which will help create the future of our redevelopment and community character in that -- in our urban core. Moving on to public health and safety, this one's about investing in our community infrastructure, creating clean -- clean and compliant utilities and evaluating the impact of our environmental decision -- decisions. Under the goal of improving outcomes of response and community risk reduction, the Fire Department has several key initiatives. Fire has worked towards their CFPE accreditation by sending a team for quality improvement to Colorado in October. They are also — fire is working closely with Ada County Dispatch for ways to deploy resources sooner when they receive calls for service and when they are also leaving the station, which is critical to reducing response times. The apartment's also looking at co — co- locating paramedic services and technology solutions with our partners to secure and improve response times. Related to our goal of deploying resources and utilizing partnerships to build community trust, PD is actively recruiting six SROs in our elementary schools to ensure safety and service in those facilities. They also work closely with -- to develop relationships with the staff and parents and students. PD has also been working with our partners on Eagle Road to reduce traffic accidents and improve safety through patrol saturation. Those started back in November. And more recently the city has created easy blood donation sites at City Hall to increase blood supply to the Red Cross. The north — northwest precinct has broken ground and is estimated to be completed by November of 2023. That project is on track and on budget. And, then, Fire is also actively Meridian City Council Work Session January 10,2023 Page 28 of 37 recruiting for the 30 personnel that will staff both Fire Stations 7 and 8. And if anybody has questions while I'm going through these feel free to ask. Harper: Mayor? Simison: Lieutenant Harper. Harper: This is three times in one night. I just wanted to add in regards to our SRO program, all six of our elementary SROs are actually fully functioning now in our schools. The last two came on as of Monday, so they are settling into their new roles and -- and in regards to the Eagle Road speed patrols, I was updated the other day in regards to that. We have -- we have been bringing on several additional officers throughout shifts during our peak hours working on our -- our ongoing traffic challenges. Simison: Thank you. Koontz: Thanks, Lieutenant Harper. Related to vibrant sustainable community, including the goal of improving offerings and livability for our community, the AARP livability initiative, the Age Friendly Survey was recently completed. We got about 524 responses and, then, insights from that survey will be included in listening sessions and focus groups later this winter. Another goal of providing premier services, Discovery Park phase two is well underway with significant construction that occurred in this past summer and fall. The infrastructure for the 520 parking stalls, as well as the collector road is in place and moving forward. The skate and bike park segments are currently in design and should start in the spring of 2023 and the park is moving along nicely to make that premier amenity in south Meridian. Related to the goal of pursuing environmentally conscious projects, the RFPs for biogas and biosolid programs using Council approved ARPA funding are also in progress with Public Works and look for more information on those in the near future. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just on the last one, Vincent, I have -- it would be great if we could just get an update on our streetlights. You know, Council had approved -- actually now it's been quite a while, you know, some LED light conversions and I understand there is a good reason for the delay, really labor challenges, but it would be great, you know, considering the return on investment, if we could get an update on -- from Public Works or through you on kind of when -- when we would see that rolled out and underway. Koontz: Mr. Mayor, Council Woman Strader, I do know that they have been working on -- there has been some delays, obviously, but I know they have been working on the master streetlight master plan and some of those projects. But I -- I can't speak to exactly when I could get that, but I can definitely work with Public Works to get you more information on that. I know Warren's been — Warren's been working on it and their team. Meridian City Council Work Session January 10,2023 Page 29 of 37 So, happy to get that information. And last, but not least, government excellence. So, relating to innovating operations, the Innovation Change Academy, we have the -- we have been working on an internal tool called the Innovation Portal. Basically it houses all of the information for all of our process improvements and the city's been working on idea generation and completed process improvements. We have been working on -- during 2023 we are going to be rolling out reporting projects to Council and also to the -- potentially the community on what -- what wastes have been identified and what projects were -- were being worked on. During 20 — FY-2022 we worked on 12 process improvements in various stages and we completed three -- sorry -- four projects during that time as well. But, you know, we are continuing to move forward. We have trained about 80 staff members at this point on process improvement techniques and it's starting to take hold in the city. So, more -- more to come on those. Related to career advancement, the compensation committee recently completed its initial market study to determine the competitiveness of employee wages. This study allowed us to take the initial step of getting all employees below the 50th percentile up to that level, which is an important step in getting our workforce to the right level as we move forward. And there is going to be a lot more work on that in the near future, but that was -- that was that first initial step that we took, so -- related to transparency and approachable government, the My Meridian Podcast completed their first run with over 700 downloads. I think it's getting close to 900 downloads now. We heard from all of our departments, the Mayor, City Council, about our strategic plan and we are looking to expand that into our partners in the spring of 2023, which is I think a really good step forward in transparency and getting those connections made with the Community and over -- over a year of blood, sweat and tears and huge contributions from our IT Department and communications and departmental subject matter experts, we finally launched our -- our website and it was no small feat. We got -- this is the primary source of information for almost all of our demographic groups in the city, so we wanted to make sure it was the most premier experience possible and I think we have taken a giant leap forward from where we were with that website. So, kudos out to the teams that worked on that, so -- and with that -- let's see. I have got one more thing. Ongoing plan execution. You know, the Mayor has been committed through his blog posts to the community on our focus areas and we started with public health and safety and government excellence, and we will be highlighting more of the work to our community that we are doing as we move throughout the year. We are also going to be taking a more in-depth look than our citizen survey, looking for opportunities in some of those key areas that were identified in traffic enforcement, planning and zoning services and growth and transportation concerns. Our departments, like -- just like tonight with Miranda and with West Ada, will continue to engage with you as -- on Council on several key topics related to the initiatives that they are working on with the strategic plan. So, look for more to that and I'm -- I will be available at anytime to answer any questions or provide any additional data to you at any time. So, happy to do so. And with that stand for questions. Simison: Thank you, Vincent. Council, additional questions, comments? Cavener: Mr. Mayor? Meridian City Council Work Session January 10,2023 Page 30 of 37 Simison: Councilman Cavener. Cavener: Vince, just one question. I'm always curious. When you set this in December I think you had 56 — Koontz: Yeah. Cavener: -- tactics complete. I noticed on your updated slide 57. Koontz: Yeah. Cavener: So, what's the new one that you were able to complete from early December to today? Koontz: I wish I knew the answer to that question. That was a check box, so -- Cavener: All right. Appreciate the update then. Koontz: Yeah. Cavener: And just -- Mr. Mayor? Perreault: Mr. -- Simison: Councilman Cavener. Cavener: And, Vincent, you know my feelings about engaging community partners as kind of the next step. I'm really excited to hear that's the direction you are going. I think that's appropriate and -- and I'm really, really excited to hear that's where you guys are moving. Simison: Council Woman Perreault. Perreault: Thank you. Good to see you, Vincent. The little small part of the screen that I can see you on. So, you had mentioned that we are about 18 percent completed and we are -- we are about halfway through. You know, we are in 2023 on this five year strategic plan. Some of these are ongoing efforts that don't really hit completion per se. I don't know what percentage of this strategic plan are ongoing efforts and which ones -- how many of them are -- are items that would be completed. But are you expecting towards the end of the plan do you like see a whole bunch of them completed at the end or-- it seems to me like we should be a little bit farther along in our percentage, but maybe there is several of them that don't ultimately get complete, because they are just ongoing efforts. Can you speak to that? Koontz: Mr. Mayor, Council Woman Perreault, yes, we are -- some of the tactics in the plan were designed to be new items that were going to be completed and they would Meridian City Council Work Session January 10,2023 Page 31 of 37 probably be the check the box. But when we created the plan initially that was -- part of the flexibility of the plan was we -- we acknowledge that this plan may not have as many check the box moments, it may be, hey, this is a long-term strategy that's going to take five years and it may have a bunch of zigs and zags over time. But, yes, there are some items, you know, in Public Works and in Planning that are more ongoing efforts and there are -- you know, hey, we work on this for a year and, then, we make an adjustment and there are some in those same departments that are very strategic that say, hey, we want to create this program and execute this process and we are done and, then, to Liz's point, we might go back in and say, hey, we need to make an adjustment and change or add some tactics, add a strategy. So, this is really more of a living, breathing strategic plan than a, hey, we are -- we are checking all the boxes off and we are going to be -- I -- I couldn't tell you we are going to be at 85 percent, you know, when we are done with this plan, but we may not be, but I think it's more of have we moved towards achieving the goals. Have we moved towards the adopted plan goals and have we achieved those -- those items. So, there may be less of that. I mean I never established a specific amount that I would say like, hey, we are going to be done and we are going to be 70 percent, 80 percent, but that wasn't the goal in this plan, it was to make sure that it was achievable, flexible and nimble, so — if that answers your question. Perreault: Yeah. It's just -- I guess I'm not understanding, you know, why -- why sort of present the number 56 and the percentage if that's not really -- we are not trying to get to a certain -- you know, we are not trying to get to --to a certain amount completed by 2025. Is there a better way we can kind of assess our progress? Koontz: Mr. Mayor, Council -- Perreault: Not assess it, but a better way that we can -- that Council can understand our progress through the statistics? Koontz: You know, that's a good question, Council Woman Strader. I -- I think basically, you know, having these discussions on what have we achieved, are we meeting the goal. I think the -- over checking the box would probably be the best way to do so. I -- I don't want to say that we -- you know, we shouldn't have that measure, but I also think if we are going to be flexible and we say we didn't achieve these tactics, they are — but we need to -- we need to totally change the direction we are going and achieve something different, because circumstances changed and we didn't check that box, but we went in the direction our community wanted us to go -- go in or our policymakers wanted us to go in and maybe we only achieved 50 percent of the plan, but the bulk of the things we achieve are what our community wanted. Simison: Council, any additional questions or comments for Vincent? Okay. Well, thank you, Vincent. Appreciate you and really all the employees who are continuing to work. know -- I think that they really enjoy getting the reminders from you on -- on updating the plan. So, we -- we -- we can also keep track, because there is a lot of moving pieces going on that, you know, it takes the team. It's not a one person ability to track all this, it's people in each department updating the information provided and -- and it's often a Meridian City Council Work Session January 10,2023 Page 32 of 37 moving target in a lot of ways. But thank you and appreciate it and -- and so tell the girls hello and that's why dinner is late tonight. Koontz: I think -- I think they are dancing right now, so they are probably waiting for me to go grab dinner with them somewhere, so -- Simison: Okay. All right. Thank you. Koontz: Thank you. Simison: So, next item on the agenda, but I think we can continue moving forward, because it's -- don't know how long it will take, but, hopefully, not too long. But next item is Item 10, City Council election of new City Council officers and department liaison appointments. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm not sure of the process on this, if it's appropriate for me to make maybe nomination for both president and vice-president or if we need to do that separately. I'm getting a shrug from our city attorney, which -- Simison: I think this is whatever you all do and if the rest of you agree, then, we are good. Cavener: All right. Well, then, with that maybe, Mr. Mayor, I will just break them out into two separate motions. I would move -- I guess I would nominate Brad Hoaglun to continue for another year as the City Council President. Simison: Is there a second? Overton: Second. Simison: I -- I have a motion and a second. Is there discussion? If there is no discussion -- do I call the question? I will call the question then. All in favor signify by saying aye. Opposed nay? The ayes have it and the motion is agreed to. MOTION CARRIED: ALLAYES. Simison: Do I have another motion? Or discussion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session January 10,2023 Page 33 of 37 Hoaglun: I appreciate the work that Joe has done filling in for me when I have not been able to make some meetings and whatnot. As vice-president he's done an excellent job and I appreciate that -- that help in the lift of the load at times. So, I would nominate Councilman Joe Borton as vice-president for this coming year. Cavener: Second. Simison: I have a motion and a second regarding the nomination of Joe Borton for vice- president. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Real briefly. I -- I'm -- I'm excited to be supportive of both our president and our vice-president. Maybe some — some comments or thoughts is, you know, we are going to be functioning as a city much differently this year than we were last year. We functioned much differently last year than we did in the years past as a result of COVID and I just would invite both our -- our Council president and vice-president to maybe be a little more proactive in working with the Council in ways that we can engage our community this year. I think that's something that many members of this Council have expressed some desire for and we want to work with our leadership team and -- and Mayor's office to make that happen and I guess that would be my request of this leadership team over the next few months is that we -- we build out that process, so that we could be a stronger Council as we go into '23 and beyond. Simison: Is there any further comments? Then I will call the question. All those in favor signify by — all those in favor say aye. Opposed nay? The ayes have it and the vice- president position has been filled. Congratulations to both the president and vice- president on your successful unopposed nominations and unanimous consent decisions, so — MOTION CARRIED: ALLAYES. Simison: Then with that does the Council President have anything he would like to say about the department liaison appointments? Hoaglun: Mr. Mayor, before you have Resolution 23-2365 -- and this is following the process that we initiated last year to try and streamline some things. We had lots of Council members appointed to a lot of different things and it really wasn't realistic to cover everything. So, working with the Mayor we got the involvement of the department heads and others in the city to be backups and to other things and we -- we -- we reassessed all the positions that we were involved with and in some way outright chose not to become involved with because of, A, bandwidth, but also because of what -- what was the investment. Was it worth the time and effort for the investment in some of these things. So, this follows that--that same pattern of--of what we did last year with a few movement Meridian City Council Work Session January 10,2023 Page 34 of 37 based on the -- the liaison assignments that will be in the next one. This particular one is with the interagency boards, committees, and -- and outside groups that we interact with, so -- and, then, the next one will be for the Council members to serve as department liaisons. So, that's all I have and open to any questions. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Yes. Maybe a question for Council Member Hoaglun and I appreciate I think this last year trying to free up some of the time and bandwidth that many of the Council was experiencing, particularly those of us with -- with full-time jobs and it can often be a challenge to juggle all that and I know that we have had in many cases staff step into those roles. Should a Council member take an interest in one of these outside groups that are currently being staffed or managed by a member of staff and would want to move into that role, what would be the process for that to occur— does the request go through you, Council President, through the Mayor's office? Because it's already built into the resolution does it -- does it require a Council action? I just -- I want to make sure that we are clear on kind of the steps and if -- if this is how it's going to be for the next year or if there is an opportunity, if a Council member has an interest, that they can move back into that role. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Councilman, it's -- it's -- it's a process. Because it is a resolution we are adopting this, that is to say, though, we can always add somebody to that. If we want to change that in any way, shape or form, we certainly can do that. You know, if there is -- there is a particular place that you want to -- want to serve in any capacity we can take that up and -- and just amend that and -- and move forward at a future Council meeting. No -- nothing -- nothing too difficult about that. So, yeah, if there is something that comes up during the year and you go, oh, man, I -- I really want to get involved in that and represent our community there, certainly by all means let me know and we can -- we can work -- I will let the Mayor know and we can make that happen. Cavener: Thank you. That's the part — that was the answer I was looking for, Mr. Mayor and Council President Hoaglun. 11. Resolution 23-2365: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date Meridian City Council Work Session January 10,2023 Page 35 of 37 Simison: Okay. All right. Anything further? Or if not we will move on to Item No. 11 , which is Resolution 23-2365. Ask the Clerk to read this resolution by title. Johnson: Thank you, Mayor. It's a resolution of the Mayor and the City Council of the City of Meridian approving City Council President's appointments of City Council members/City Staff members to serve as interagency boards, committees, and initiatives representatives, and providing an effective date. Simison: Council, you have heard — I guess we don't need three readings. Do I have a — Council, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of Resolution 23-2365. Cavener: Second. Simison: I have a motion and a second, to approve Resolution 23-2365. Is there any discussion? If not all in favor signify saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. 12. Resolution No. 23-2366: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, and Providing an Effective Date Simison: Next item, Item 12, is Resolution No. 23-2366. Ask the Clerk to read this resolution by title. Johnson: Thank you, Mr. Mayor. It's a resolution of the Mayor and the City Council of the City of Meridian approving City Council President's appointments of City Council Members to serve as department liaisons, and providing an effective date. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of Resolution No. 23-2366. Cavener: Second. Meridian City Council Work Session January 10,2023 Page 36 of 37 Simison: I have a motion and a second to approve Resolution 23-2366. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. ORDINANCES 13. Ordinance No. 23-2008: An ordinance annexing the Northeast One Quarter of the Southwest One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 5.04 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) Zoning District; directing city staff to alter all applicable 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; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date Simison: Final item on the agenda is Item 13, which is Ordinance No. 23-2008. We will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance annexing the Northeast One Quarter of the Southwest One Quarter of Section 24, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 5.04 acres of such real property from RUTto R-8 Zoning District; directing city staff to alter all applicable 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; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2008. Strader: Second. Meridian City Council Work Session January 10,2023 Page 37 of 37 Simison: I have a motion and a second to approve Ordinance No. 23-2008. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item — the ordinance is approved. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 1-24-2023 ATTEST: CHRIS JOHNSON - CITY CLERK -24-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Modified Final Plat for Skybreak Subdivision No. 1 (MFP-2022-0001) by Conger Group, generally located South of Lake Hazel Rd., East of S. Eagle Rd., and North of Columbia Rd. STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 1/10/2022 Legend ® ® DATE: 9 El R ® REH �AProiect Location -® R4 TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner R-8 208-884-5533 RUT R-8 R=2D SUBJECT: MFP-2022-0002 R-4 Skybreak No. 1 LOCATION: Generally located between E. Lake Hazel Road and E. Columbia Road,East side of RUT S. Eagle Road,in the South'/4 of the NW I RSW 1/4 of Section 4, Township 2N.,Range 1E. IR1 0 OR R1 M1 R1 I. PROJECT DESCRIPTION Modification to the final plat for Skybreak Subdivision No. 1 to remove the lot line between Lots 31 and 32,Block 3 creating a single larger 31,734 square foot lot R. II. APPLICANT INFORMATION A. Applicant/Representative: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise ID 83706 B. Owner: Conger Group—4824 W. Fairview Avenue,Boise ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS The proposed final plat modification is to consolidate Lots 31 and 32,Block 3 to create a single lot to accommodate a+/-4,000 square foot home for a future home buyer. Because the plat has received Council approval and has yet to record, staff has informed the applicant that a final plat modification is the preferred option to consolidate the lots rather than achieving the same result through a property boundary adjustment and vacation application after the plat records. The Applicant has discussed the revisions with the Ada County Surveyor to determine the most efficient way to revise the plat resulting in minimal changes. To satisfy the County requirements,the Page 1 Applicant is proposing to divide a common lot into two lots to minimize the amount of lot re- numbering that would be required. The Applicant is proposing to divide Common Lot 34, Block 3 into two lots(Lot 33 and 34,Block 3) so the total number of lots on the plat remains the same thereby resulting in a decrease in the number of buildable lots and increase in the number of common lots. The revised plat now has 82 residential lots and 22 common lots respectively. The proposed modifications to the lot configurations comply with the dimensional standards of the R-15 zoning district. Because the number of building lots has not increased and the amount of common open space has not decreased, Staff recommends approval of the proposed modification. Compliance with the previous conditions of approval is required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat modification with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(dated: 6/16/2021) bbJ-0 S pr, uw.lT L�+r wk,� i If o �I. .i �e 4 �i2NA81fE4'K 2f]BOInf210N� �,au uen � ------- Page 3 B. Approved Final Plat(date: 1 l/19/2021) SKYBREAK SUBDIVISION NO.] B0O— PAGF_. _ LOCATEO M THE S1/2 QF THE N W114 OF SECTION 4,T.2 N.,R.I E.,ILK, U"OF MERIDIAN,AOA GUM"IDAHO m.m� 2021 a � ��yf1-- PIATlpTfS �s.m sm r WpW �w w,xnroem�xximoaa „wm wow-arr-., y�4 aa3os.wwsxrN &16j? . ID 83617 fNMEl; _ [zoa135satoa �,. ���,�...�.,�e„m.�.....m.. �.�,..�.���„�,. .„„.„d,,,,„a.,e,"�„,�, r`�rOOTff FAx[2ae13se•etos +y-�u ew+, SEF� 4Gf6RM1fNE8 CEWVE TAKE Page 4 C. Proposed Final Plat(dated: 10/11/2022) SKYBR&W SUSDIVISION NO.I LOCATED 1N THE S112 OF THE N W114 OF SECTION 4,T.2 H.,R.I E.,B.M., .. gI CITY OF MhWDt1N,AOA COUNTY,IDAHO 2022 `•a l� m•_• Savr�srf `. laAw I N I \ .. _ ...........—--- �. .��..� � a.e.neawen.�w..oi.P.wur. �,.,�.,�o>�,..�.� ®.....ro..�..„.... ..,.•.,«...o..,,.,.�- � .s�.wcFr.a�rweemF4curer�s ."�•�.•.""`.•.•••"+�•�""",•• srE sr�rzcr�xw smn•Eroa wwxnrna �.... .. „�,.�o..,�. .aa..re...., enw.,aw.*�,ea w".nw.x�m,xeww .Q.�v•. ,.a,,.... .�...,...m.,...�.�....a ZO?O 5.WEIT,ID . C�NNE7T,ID&36I7 ,.,.,...�..,...�d,,..,..�o........ 1208)39"164 ��.....«�..a. ,.,,a.�....,.�..a,•.•��..�.,.�,�....�.m. _ dlA FAX(2018)39B-8909 wane�r�iu urvn,eo•, nr L.m Imo""cY�"���.�• WWW.50.WRJ�]TNLS.CVM flrwmn.a urk.�c wo uuw4waVle x�w.a. Nm3gwM.��Mx�imwlG�Y�tigenTMm,�q Page 5 D. Emergency Access Exhibit I, i ii oN � •� --__ �WC g _ 1 li ---—--- kil: C.— MM = s i o C2.o wwz -_-_� _ >FO •z nm3 r_�• _ C2.1 Page 6 ._ � access locations I j i II I ••,_��p_eX ,_•® �'�"m�""�"®' SKYRREAK SURDWISIGN nrn aui wv.nwm.xr..r x.n.K EMERGENCYVEHICLERCCE55M.- VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0127, Development Agreement Inst. #2021-119175;FP-2021-0056). Page 7 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Slatestone Subdivision H-2022-0039) Between the City of Meridian and Charles and Maria Rauch (Owners) and Lasher Enterprises (Developer) for Property Located at 2707 S. Stoddard Rd. ADA COUNTY RECORDER Trent Tripple 2023-001840 BOISE IDAHO Pgs=43 VICTORIA BAILEY 01/11/2023 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Charles Rauch and Maria Rauch, Owners 3. Lasher Enterprises, Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 10th day of�January, 2023 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 Charles Rauch and Maria Rauch,whose address is 2707 S.Stoddard Road,Meridian,ID, 83642, hereinafter called OWNERS, and Lasher Enterprises,whose address is 3234 N. Maplestone Avenue, Meridian, ID, 83646,hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the 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, Owners and/or Developer have submitted an application for annexation and zoning of 5.04 acres of land with a request for the R-8 zoning district on the property as shown 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, Owners and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—SLATESTONE SUBDIVISION(H-2022-0039) PACE 1 OF 10 1.6 WHEREAS,the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and 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 15th day of November, 2022, 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 Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or Developer deem 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 Owners 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 December 19, 2019, Resolution No. 19-2179, 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-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 2 OF 10 3.2 OWNERS: means and refers to Charles Rauch and Maria Rauch, whose address is 2707 S. Stoddard Road, Meridian, ID, 83642, hereinafter called OWNERS, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Lasher Enterprises, whose address is 3234 N. Maplestone Avenue, Meridian, ID, 83646, hereinafter called DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel bound by this Development Agreement 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. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing outbuilding/stable shall be removed upon phase 2 development, consistent with accessory and primary structure restrictions and the approved phasing plan. C. The existing home shall connect to City water and sewer services with the first phase of development. d. Owners of the existing home shall cease the operation of an in-home daycare at the time of phase 2 development OR construct the common drive (Lot 8) to be a minimum of 25 feet wide. e. The rear and/or sides of homes visible from S. Stoddard Road(Lots DEVELOPMENT AGREEMENT-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 3 OF 10 16-19) shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. 6. COMPLIANCE PERIOD This Agreement must be fully 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: 7.1 Acts of Default. In the event Owners and/or Developer, or Owners and/or Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property,this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this agreement,Owners and/or Developer shall have thirty(30)days from 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 Owners and/or Developer that is not cured after notice from City as described in Section 7.2,City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty,to de-annex all or a portion of the Property,reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements,conditions,and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owners/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owners/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho,including all matters of construction,validity,performance,and enforcement.Any action brought by any party hereto shall be brought within Ada County, Idaho. DEVELOPMENT AGREEMENT-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 4 OF 10 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owners 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. 7.6 Waiver. A waiver by City of any default by Owners 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: Owners 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 Owners 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 Owners/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 Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners 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: DEVELOPMENT AGREEMENT-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 5 OF 10 CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS: DEVELOPER: Charles Rauch and Maria Rauch Lasher Enterprises 2707 S. Stoddard Road 3234 N. Maplestone Avenue Meridian, ID 83642 Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer, each subsequent owners 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 owners or ownerss shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners 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 Owners 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 DEVELOPMENT AGREEMENT-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 6 OF 10 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 Owners 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 Owners 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 rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council 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-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 7 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERSS: Charles Rauch Maria Rauch DEVELOPER: Lasher Enterprises Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 1-10-2023 Chris Johnson, City Clerk 1-10-2023 DEVELOPMENT AGREEMENT-SLATESTONE SUBDIVISION(H-2022-0039) PAGE 8 OF 10 i 3 8 i a 1 3 I 7 1 STATE OF IDAHO ) ss; County of Ada ) On thisday of_t' �� ,20 before me,the undersigned,a Notary Public in and for said State, personally appeared Charles Rauch,known or identified to me to be the person who signed above and acknowledged to me that he executed the same. 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. R01NENn�3L1 �� �,� Notary Public _ ' CG?1V+�f,��fON'' 9 My Commission Expires: ( � NOTARY PUBLIC STATE C-IDAHO STATE OF IDAHO ) . ss; County of Ada �i ) On this_ ! day of O-eC, ,20�before me,the undersigned,a Notary Public in and for said State, personally appeared Maria Rauch,known or identified to me to be the person who signed above and acknowledged to me that he 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. ROWENA r:"U_RNl.IV0 C0'10MISS;U;i .t12094 Notary Public NOTARY My Commission Expires: 0 Cam- a� STATE OF IDAHO •<� �w� ROWENA BURN NA ' COMMISSION 019094 STATE OF IDAHO ) NOTARY ARY PUBLIC STATE OF IDAHO ss: County of Ada ) On this day of 2oZZbefore me,the undersigned,a Notary Public in and for said State, personally appeared . rU�1 1L�y' ,known or identified tome to be the ofLasher Enterprises, and the person who signed above and acknowledged to me that they executed t s e on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. bvw APRILASHBY COP'lN415SION#f�4S273 Notar Public Idd " 'NOTARY PUBLIC My Commission Expires; �.. STATE OF IOAHO , DEVELOPMENT AGREEMENT—SLATESTONE SUBDIVISION(H-2022-0039) PAGE 9 OF 10 STATE OF IDAHO ) ss County of Ada ) On this 1 Oth day of January 20 23, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public My Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—SLATESTONE SUBDIVISION(H-2022-0039) PAGE 10 OF 10 EXHIBIT A T O ENGINEERS Project No: 210791 Date: May 26, 2022 Page 1 of 1 CITY OF MERIDIAN ANNEXATION DESCRIPTION A parcel of land located in the NE1/4 of the SW1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap monument marking the South 1/4 corner of said Section 24, from which an aluminum cap monument marking the West 1/16 Corner between Sections 24 and 25 bears N.89°20'37"W.,a distance of 1320.23 feet; thence,along the east boundary of said SW1/4, A) N.00°51'27"E., 1326.49 feet to the Center South 1/16 Corner of said Section 24 and the POINT OF BEGINNING;thence, 1) N.89°22'47"W., 661.06 feet; thence, 2) N.00°48'06"E., 331.46 feet; thence, 3) S.89°25'29"E., 661.35 feet to the east boundary of said SW1/4; thence along said boundary, 4) S.00°51'03"W., 331.98 feet to the POINT OF BEGINNING. 7V CONTAINING: 5.035 acres, more or less. �E 13765 0 906 of ALA 1 332 N. Broadmore Way Tampa. ID 83687 P: 208.442.6300 to-engineers.com 0W C m EXHIBIT SKETCH - CITY OF MERIDIAN ANNEXATION } LOCATED IN A PORTION OF THE NE114 OF THE SW114,SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 CP&F INST. NO. 110049426 z C1/4 COR w SEC 24 4 C5 F5 0' 100, 200' 400' `-) cr U? Ir SCALE: 1"=200' U � cn � � W a O a L 2 O co NOTES __ _S89'25'29"E 661.35'- _- Z w Q z C 0 1. ALL BEARINGS SHOWN ARE IDAHO J STATE PLANE WEST ZONE (1103) 1 C o GRID BEARINGS. ALL DISTANCES ARE GROUND DISTANCES IN US W S1224314800 Q 2707 S.STODDARD RD 3+ SURVEY FEET. I O MERIDIAN,ID r7 001 5.035 Ac. o C cn F o 0 z 0 N CS1/16 N89'22'47"W 661.06'— —— COR �w5 EN POINT OF BEGINNING cn 13 6& �TF OF 0'M A��-�'y W N zd tf) ai O w O z Z W 1/16 24 BASIS OF BEARINGS q ____ N89'20'37"W 1320.23' 24 1/4 COR 25 VICTORY ROAD 25 COR CP&F INST. NO. CP&F INST. NO. 0 2019-115456 2019-115455 a w LEGEND -- ANNEXATION BOUNDARY z ----- SECTION LINE FE c 0 FOUND BRASS CAP MON. Q FOUND ALUMINUM CAP MON. "T-O ENGINEERS q O FOUND 5/8" REBAR 332 N. BROADMORE WAY NAMPA, IDAHO 83687 CALCULATED POINT PHONE:(208)442-6300 WWW.TO-ENGINEERS.COM E+7.F: 21C791441543drMrexAm.drg DATE:Y1Y11 JCI8:21C791 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E NtAAND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 5.04 acres of land with the R-8 zoning district and a preliminary plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district,by T-O Engineers. Case No(s). H-2022-0039 For the City Council Hearing Date of: November 1, 2022 (Findings on November 15, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 1,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 1, 2022,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 as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 1,2022,incorporated by reference.The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 1,2022, 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 11-613-7A). 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 Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(l)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 1, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) By action of the City Council at its regular meeting held on the 15th day of November 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Ma},or Robert E. on 11-15-2022 Attest: vy lI ,N C�E IUR IA1V�-- ioaxo Chris Johnson 1-15-2 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: 0-0�-wm Dated: 11-15-2022 City Clerk's Office rNy FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 11/1/2022 Legend 0 DATE: Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner � 208-884-5533 SUBJECT: H-2022-0039 � o Slatestone Subdivision LOCATION: Located at 2707 S. Stoddard Road, in the o , : NE 1/4 of the SW 1/4 of Section 24, Township 3N, Range 1 W. y I. PROJECT DESCRIPTION Request for Annexation and Zoning of 5.04 acres of land with the R-8 zoning district and a preliminary plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district,by T-O Engineers. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—5.04 acres; PP—4.85 acres Future Land Use Designation Medium Density Residential (MDR, 3-8 du/ac Existing Land Use(s) County residence which will remain on one of the proposed lots Proposed Land Use(s) Detached Single-family Residential Lots (#and type; 19 total lots 15 residential building lots and 4 bldg./common)) common lots Phasing Plan #ofphases) 2 phases Number of Residential Units 15 single-family units Density Gross 3.09 du/ac.;Net 4.31 du/ac. Open Space (acres,total Approximately 0.53 acres of open space proposed /buffer/ ualified) ((approximately 10.9% Amenities Two (2)benches are proposed—not a qualifying site amenity. Neighborhood meeting date March 10, 2022 History(previous approvals) No application history with the City B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via a new local street connection to S. Stoddard Road, an (Arterial/Collectors/State existing collector street along the east property boundary. Access to all Hwy/Local)(Existing and proposed homes is shown from this new local street that ends in a cul-de-sac Proposed) and includes two common drives. Stub No existing stub streets;no stub streets proposed. Street/Interconnectivity/Cross Access Existing Road Network No, except S. Stoddard,the collector street. Proposed Road The Applicant is required to dedicate additional right-of-way for S. Stoddard Improvements Road to total 35 feet from centerline and construct curb, gutter, and sidewalk. Capital Improvements Stoddard Road is scheduled in the IFYWP to be widened to 3-lanes from Victory Road to Plan/Integrated Five Year Overland Road to be designed in 2022 and constructed in a future year. Work Plan The intersection of Stoddard Road is scheduled to receive an enhanced pedestrian crossing to be designed in 2022 and constructed in a future year. Bridge#2085 is scheduled in the IFYWP to be replaced as part of the Stoddard Road widening to be designed in 2022 and constructed in a future year. Victory Road is listed in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road to be designed in 2026 and constructed in a future year. Fire Service • Distance to Fire 1.1 miles from Fire Station#6. Station • Fire Response Time The project lies wholly inside of the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is 83%(above the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Water&Wastewater • Impacts/Concerns I See Public Works Site Specific Conditions in Section VITT. ' 1UV / 1 1 1 r i irlif loan Tin SIR `.r _+_■■ ... --Cl ' LU �.', ■I�` III _..■: 1.. / � �\ • . - lip oio�■■ � �yj � '� � -;� .+ar-^�.r/�,,• �' �UICTOR�Y � VI IL .1 . „ ����U ■ ■III G Im, - 1"' ,I'.' r� :il wl'V_m W C III �rNils i ii■w ■ #-i !� � MISS mile■■11: �'►� .+r■■��n■sr� ��i■■ii�lf use -� �rtfl r r ■rlll r r rri y"G, I ■.Innln � l ..mnm E3101 on fIn ON oil -pill ..-.:- t� long am lift' ■IA■ :�G�" G� �� -■�■r�� �r 1■r �■..-- ..:�■ ■,fir�■i �-rr - I� - f•� �1�oio i, -� ��w'f a ■�� IIIII ■�� IIIII •�\_ ; 1/ICTO.R:Y- 1/ICTO.MEW - _ � n-■■n-�,.. _+--�-■1'lll� : _ ww-- n-nmd�..� _+ �_�-nllll�'1 = _ ■� ..�U \ r i�'? .-�rlli \ apt - S�I 1 i■ ■ C III r■Ili ■i■mar C r ��-ri�l 11 „i11� � ■ � _:.. _'��11111 '�9\®'`�riu::l N�M�•�'+:a- __�1 ''x ■■Ilq`!il■■� ■■1■■■■11■■....■ p �■■11■i it■■� ■■■■■■11■■....■■1t 7■■■■ O■i .lt■1■■■I■■■■■■■■■■■■■ -- ■■■■■it■i . NON NI.... ' 1 see. 1 ' 1. 1 : •' IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/5/2022 10/15/2022 Radius notification mailed to properties within 500 feet 6/30/2022 10/13/2022 Site Posting 9/22/2022 10/21/2022 Nextdoor posting 6/30/2022 10/13/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject 4.9 acres currently contains a large home and what appears to be a horse stable and pasture. The subject site is abutted by a public road to the east, Stoddard Road, where the new local street access is proposed. Abutting to the north and west property lines is an existing R-8 development, Fall Creek Subdivision; to the south is County residential not yet annexed into the City of Meridian. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the west and north. Due to the existing street along the east boundary and no other existing stub streets to the property, the Applicant is proposing to take access from Stoddard in the approximate location of the existing driveway at the northeast corner of the property. No other access to Stoddard is proposed, consistent with City code. The Applicant is proposing 15 building lots on 4.85 acres of land which constitutes a gross density of 3.09 units per acre, nearly the minimum density allowed within the MDR designation. The Applicant is proposing to reserve the existing home on nearly an acre sized lot and one additional large lot along the west boundary for the existing property owners. The minimum building lot size proposed throughout the rest of this project is approximately 6,150 square feet which exceeds the 4,000 square foot minimum lot size for the requested R-8 zoning district. The adjacent developments are of similar density but have building lots that are larger in size directly abutting the site than what are proposed with this project, however, no more than 2 building lots are proposed adjacent to any single existing lot along the north boundary. The same is true of the County parcels to the south that directly abut the Ridenbaugh Canal on their south boundary; the existing home lot and the proposed common lot along the south boundary should offer an adequate buffer to the existing residences to the south. Because the proposed development is consistent with the existing development to the west and north and no access to an arterial street is proposed,Staff believes annexing this land into the City is in the best interest of the City and is a logical expansion of City zoning and development so long as the Applicant adheres to Staffs recommended DA provisions and conditions of approval. However, the size of the property is just below the 5 acre minimum that would require 15% qualified open space within the requested R-8 zoning district. Staff does not find it prudent to require a minimum 15% qualified open space when Bear Creek park is a quarter mile to the north off of Stoddard.However,Staff voiced concerns with the originally proposed open space for this development and a desire to create an area where people can congregate and/or kids can play within this development. In response, the Applicant has proposed additional linear open space along a portion of the north boundary with a micro pathway that essentially creates a pedestrian loop within the subdivision between the two linear open space lots along the north and south boundaries. The Applicant has also included two park benches along the widest portion of the new linear open space between building Lots 3 & 4 when no amenity was proposed previously. Staff finds the latest revision creates more active open space as the walking paths are repeatedly noted as a used amenity/open space within subdivisions. However, much of this area would not qualify as linear open space per the open space code section because it is not at least 20 feet wide and is instead 1 S feet or less in some areas. Therefore,Staff recommends all of the proposed linear open space be at least 20 feet wide to comply with open space standards(UDC 11-3G-3) and comply with the intent of open space code. An alternative presented by Staff was to replace one of the lots within the subdivision and add a common open space lot for more active recreation and use. Should Commission or Council prefer a larger common open space lot over the proposed linear open space,Staff recommends a centralized location for the development(i.e.Lot 2, 4, or 10) and an amenity be located within it. Staff prefers this option over the proposed micro paths but is not specifically recommending it at this time. With Staff s recommended revision,Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D). The current property owner of the subject site intends to remain in their home while also reserving an additional lot or two for future use for their children. Staff finds this forethought and the subsequent design to develop their remaining acreage with approximate 6-8,000 square foot building lots allows for a variety of housing options based on the needs,preferences, and financial capabilities of the existing resident and future residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01G).All public utilities are available for this project site due to the utilities being available in Stoddard Road. Applicant is required to dedicate additional right-of-way for future Stoddard Road improvements (upgraded from two to three lanes in the future). The newest Fire Station (station#6) is approximately I mile away and so the project is wholly within the response time goal of the City. West Ada School District has not sent a letter regarding this application but with a relative low number of homes (15) a large number of school aged children is not anticipated to be generated by this development. In addition, Victory Middle School is within walking distance of the subject site so any children in that age group would be able to get to school safely and efficiently. Staff finds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A). The proposed project will construct detached sidewalk along Stoddard Road and extend needed sidewalk along the west side of this street for safer access to Victory Middle School, approximately '/mile to the north. Further, the Applicant has proposed a looping micro pathway network for the project that easily connects to the required sidewalk along Stoddard adding to the overall pedestrian connectivity and access to the nearby school and park. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing the subject project with density at the low end of the allowed density(approximately 3.1 units/acre), similar to the density within the adjacent subdivision to the west and north. Further, the Applicant is proposing a I acre lot in the southwest corner for the existing home and linear open space common lots between the subject site and the existing County residential properties to the south and a few of the properties to the north along the north boundary. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new local street within the development that has sole access to the adjacent collector street, Stoddard Road. The Applicant is not proposing to stub a street to the south boundary as both ACHD and the Applicant believe the redevelopment potential of the two lots to the south is minimal due to their existing shapes and the existence of the Ridenbaugh Canal and Stoddard abutting two of their three sides. Therefore, Staff does not find it necessary to provide a stub street to the south and finds the proposed street layout is sufficient in its design for the proposed plat. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there is an existing home that is to remain at the southwest corner of the property and an outbuilding that appears to be a horse stable and pasture;these structures and pasture are proposed to remain as part of Phase 2 for the project,per the submitted phasing plan (see below). Furthermore,the existing access for this site is via a driveway connection to W. Stoddard Road that will be converted to a public street. Staff has included a DA provision that the existing outbuilding/stable must be removed upon phase 2 development, consistent with accessory and primary structure restrictions. D. Proposed Use Analysis: The proposed use is detached single-family residential with a minimum lot size of approximately 6,000 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-8 zoning district per UDC Table I I-2A-2 and all lots are shown to meet the minimum lot size requirement of 4,000 square feet and the minimum street frontage requirement of 40 feet. In fact,the majority of lots within the subdivision are proposed with at least 60 feet of frontage,more consistent with the R-4 district.The Applicant has noted the development is expected to develop in two phases with an intent to keep the existing home and outbuilding and some pasture within phase 2. Phase 1 is proposed with 12 lots and both common driveways and Phase 2 is proposed with the remaining three(3)building lots. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The Applicant is proposing two (2) common drives within the project; one in the southeast corner of the project for access to Lots 16& 17 and an additional common drive near the northwest corner for access to four lots (Lots 5-7 and Lot 9). Lot 8 common drive appears to comply with all standards outlined in UDC 11-6C-3D. However, the construction of the Lot 14 common drive does not appear to comply as it creates a sidewalk gap on the public street and does not extend 20 feet past the property line for Lot 16. ACHD does not call this out in their staff report but Staff finds that Lot 14 should match Lot 8 in its design and not be a part of the public road network as depicted on the submitted plans. The Applicant should continue the curb, gutter, and 5-foot sidewalk between Lots 13& 18 consistent with the curve of the public street and mirror the design of the Lot 8 common drive. In addition, the Applicant should extend the common drive 6 feet further to the south to ensure at least 20 feet offrontage for Lot 16. The Applicant should make these revisions with the first final plat submittal. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural designs of the modern style home with shed roof designs as well as dormers.In addition, all homes are shown with 3-car garages (some RV garage bays)and a variety of window designs. The field materials shown appear to be of high quality siding and stucco with stone accents and varying garage door materials. Overall, Stafffinds the submitted elevations to show high quality and attractive single- family homes. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via a new local street(shown as W. Scoria Court) connection to S. Stoddard Road approximately 345 feet north of the Grizzly Drive on the east side Stoddard Road. There are no existing stub streets adjacent to the site and Stoddard runs along the entire east boundary which is why the Applicant is proposing an access point to this collector street and proposing W. Scoria to end as a cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the proposed plat,W. Scoria is proposed as 33-foot wide local street with 5-foot attached sidewalks and Stoddard is shown to be improved with curb, gutter,and detached sidewalk outside of the additional right-of-way dedication required with this development. The proposed street design complies with all UDC standards and ACHD conditions of approval, according to the ACHD staff report. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. Note that there is opportunity for on-street parking where there are no driveways because W. Scoria is proposed as a 33-foot wide street section. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the new proposed local street. W. Scoria and 5-foot detached sidewalks along the west side of S. Stoddard Road, consistent with UDC and ACHD requirements. The proposed sidewalk dimensions also meet UDC 11-3A-17 and ACHD standards. However,the Stoddard frontage is shown as an alternative multi-use pathway segment and the Parks Department has requested that 10-foot sidewalk be added along Stoddard in lieu of the 5-foot sidewalk currently shown. Consistent with the Master Pathways Plan, Staff is recommending this revision. According to the submitted plat and landscape plan, the proposed detached sidewalk along Stoddard is shown within ACHD right-of-way but at least 6 feet from the new curbing and added pavement proposed with this project, consistent with the UDC. With the requirement of the multi- use pathway along Stoddard, the Applicant may be required to submit a public access easement; the Applicant should continue working with ACHD to determine who will maintain the pathway based on its location within the ROW. Staff does have concerns with the proposed micro paths and sidewalk connection near the common drive at the southeast corner of the site,Lot 14.According to the submitted plans, the micro path connects to the common drive and utilizes it as a pedestrian pathway. The City does not desire this type of design for pedestrian and vehicles to share the same surface if it can be avoided. Therefore, Staff is recommending 5-foot wide sidewalk be added to the common drive on either side of the common drive for added pedestrian safety. This recommendation will require the S feet to be taken from the adjacent lot to the west(Lot 13) or the lots to the east(lots 16-18). J. Landscaping(UDC 11-3B): A 20-foot wide street buffer is required along S. Stoddard Road, a collector street,landscaped per the standards in UDC Table 11-3B-7C. All landscape areas should be landscaped per UDC 11- 3B-5, general landscaping standards. Lastly, according to the submitted plans,the Applicant is proposing micro-paths which should be landscaped in accord with UDC 11-3B-12 standards. The Applicant is showing a common lot along S. Stoddard that is at least 20 feet in width and located wholly outside of the additional right-of-way dedication required by ACHD consistent with code requirements. The Stoddard landscape buffer is depicted with 9 trees, sod, and landscape beds with shrubs, consistent with UDC 11-3B-7. The Applicant is also showing landscape beds on both sides of the new local street connection to Stoddard with two trees on the south side of this entrance adjacent Lot 19.All street landscaping complies with UDC requirements. As discussed, the Applicant has proposed linear open space and micro paths around and through the development. These areas should be landscaped in accord with UDC 11-3B-12 with trees at least every 100 linear feet and include other vegetative ground cover.According to the submitted landscape plans, the Applicant is proposing trees in excess of code requirements with landscape beds, shrubs, and sod throughout. Staff finds the proposed landscaping meets or exceeds code requirements. Staff notes that with the recommended revisions to widen some areas to at least 20 feet in width, additional trees and vegetative ground cover should also be added to remain compliant with UDC 11-3B-12 OR lose one of the aforementioned buildable lots in order to provide more usable open space for the development. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the revised landscape plans, the Applicant is proposing to keep the existing 6-foot vinyl privacy fencing along the perimeter of the property compliant with code. The Applicant is also showing 6-foot vinyl privacy fencing along the sides and rear boundaries of the building lots adjacent to the proposed micro paths. This fencing is not code compliant as these linear open space areas are set behind building lots and are not visible from end-to-end. Therefore, the Applicant should revise the landscape plans to depict open vision fencing or semi private open vision fencing consistent with UDC 11-3A-7 adjacent to Lots 2, 3, 10-13, & 16. L. Utilities (UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed detached single-family dwellings within the Slatestone Subdivision. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIII.B of this report. Staff notes that the Applicant is proposing to place sewer within a common lot and the common drive at the southeast corner of the property. Because the Applicant is placing a sewer main within a common lot, it must have a drivable surface over top for City access. This is shown on the submitted plans but also depicts a hammerhead type turnaround that is not required by the City. Because it is not required, Staff recommends removing the western piece of this turnaround to square up the southeast corner of Lot 13 and provide more area that can be landscaped behind Lot 13 up to the required 20 foot wide sewer main easement. M. Waterways(UDC 11-3A-6): According to satellite imagery,the subject site contains an irrigation ditch along the southern boundary. The submitted plat depicts this irrigation ditch but does not show it on the subject property. In accord with UDC 11-3A-6B.3, if the irrigation ditch is on the subject property,the Applicant is required to pipe the ditch. Prior to the Commission hearing, the Applicant should verify the location of the irrigation ditch and if said ditch is proven to be on the subject property, the Applicant should revise any relevant plans to depict this ditch as being piped prior to the City Council hearing, in accord with UDC 11-3A-6B. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 6,2022. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Becky Yzaguirre,Applicant Representative; b. In opposition: Leona Raines,Neighbor; C. Commenting Becky Yzaguirre; Grant Brookover,Project Engineer; Leona Raines; d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Kurt Starman,Deputy City Attorney. 2. Key issue(s) testimony a. Concern over proposed development being ad jacent to two counly parcels to the south; b. Desire for homes along south boundary to be limited to 1-story homes; 3. Ke, ids)of discussion by Commission: a. Proposed linear open space versus singular large common open space area as discussed in staff report; b. Recommendation to widen sidewalk along Stoddard to 10 feet to reflect a multi-use C. pathway—ACHD plans to widen road and include 10-foot sidewalk on each side; Purpose of proposed phasing and timing of development b, t�pplicant, Common driveway design and potential trash collection and parkin ism 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on November 1,2022.At the public hearing.the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Becky Yzaguirre,Applicant Representative; The Rausch's.the Property Owners b. In opposition: None c. Commenting: Becky Yzaguirre; Maria Rausch.property owner. d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Bill Nar_v, City Attorney_ ; Steve Siddowav_ Parks and Recreation Department Director. 2. Kee issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Proposal to keep existing County approved daycare operating with home taking access from a common drive—concern with potential internal traffic issues on the common drive when 3 other lots are also shown taking access from said common drive. b. Can City prohibit a homeowner from stopping a lawful use(in-home daycare)? C. Approval rocess for in-home da cares (administrative versus conditional/hearing level d. 10-foot pathway or 5-foot sidewalk along Stoddard and the level of design for Stoddard by ACHD at this time; 4. City Council change(s)to Commission recommendation: a. Add a new DA provision that requires the existing daycare use to cease operation at the time of phase 2 development OR widen the common drive to 25 feet in width. b. Maintain Staff conditions regarding pathway along Stoddard. VIL EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map 01 T-O ENGINEERS Project No:210791 Date:May 26,2022 Page 1 of 1 CITY OF MERIDIAN ANNEXATION DESCRIPTION A parcel of land located in the NE1/4 of the SW1/4 of Section 24,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at an aluminum cap monument marking the South 1/4 corner of said Section 24, from which an aluminum cap monument marking the West 1/16 Corner between Sections 24 and 25 bears N.89120'37"W.,a distance of 1320.23 feet;thence,along the east boundary of said SW1/4, A) N.0005127"E.,1326.49 feet to the Center South 1/16 Corner of said Section 24 and the POINT OF BEGINNING;thence, 1) N.89°22'47"W.,661.06 feet;thence, 2) N.00°48'06"E.,331.46 feet;thence, 3) S.89°25'29"E.,661.35 feet to the east boundary of said SW1/4;thence along said boundary, 4) S.00°51'03"W.,331.98 feet to the POINT OF BEGINNING. CONTAINING:5.035 acres,more or less. LEI 13765 0 Qp10� 9�0 MA��� 1 332 N_Sroadmore Way Nampa.ID 63687 1 P:208.442.6300 to-engineersxom O m EXHIBIT SKETCH -CITY OF MERIDIAN ANNEXATION LOCATED IN A PORTION OF THE NE114 OF THE SW 114,SECTION 24, TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 CP&F INST. NO. 110049426 Ed C114 COR 4 SEC 24 0' 100, 200' 400' a � G SCALE:1"=200' U a IM y O o r O O S89'25'29"E 661.35' z O � NOTES o 1. ALL BEARINGS SHOWN ARE IDAHO cD STATE PLANE WEST ZONE (1103) GRID BEARINGS. ALL DISTANCES M1 51224314800 �M+� ARE GROUND DISTANCES IN US w 2707 S.STODDARD RD �A SURVEY FEET. ` o MERIDIAN,ID iq is CID 1 5.035 Ac. a O ;t I LL Z O 9 _ CS1116 EH 6 �N89'22'477'w 661.O6'- •COR POINT OF BEGINNING t2 137m a 'Tf OF 0'm A1 � w N �d e6 i i O w Z a w W 1116 24 BEARINGS N89 20'37'W 11320.23' 24 1/4 4 COR 25 VICTORY ROAD--- --- 25 COR CP&F INST. NO. CP&F INST. N0. 2019- 2019-115455 w LEGEND -- ANNEXATION BOUNDARY i --- SECTION LINE 8 FOUND BRASS CAP MON. � FOUND ALUMINUM CAP MON. T-O ENGINEERS 4 ® FOUND 5/8" REBAR 332 N.BROADMORE WAY NAMPA, IDAHO 83687 o CALCULATED POINT PHONE:(208)442-6300 WWW.TO-ENGINEERS.COM O MLE 21G791•V-n4hwWAnwft4" DATE'!5=2 JQH:Xnl B. Preliminary Plat(dated: 9/21/2022) SEWER AND WATER NOTES 'Art LOCAL—D TYPICAL 9E.GECN j) --E.E—PIOAL SECTION(MINOR COLLECTOR ROAD TYPICAL rECTION 77= S—co�11 17 0 < w LL1 Lu rII 0 Ln LU X: Ney 7 0H —191——19 El—MENS trl 40 N01—N-1-01——M Ell iNDA-91NI 9lHi AO N—IlEl 99—NOMOOCH—W MI9NION9n1AG.N-dnNd9H1911N9Mn NISIHi 9-10—F—V C. Landscape Plans (date: °1''''�i 10/4/2022) i MICHO Ph1}M1VhV �BYiA'f YGf'lJAFlfi x � � I I I �� I I• 'I I ; f I W.SCORIA CT. + E � xq ~ IICRO RiTFIWAY '/ PLANTING PLAN � !r H € F a � 3 a k L 2 ti 7 D. Phasing Plan: NOTES B --- -----' -----I T. j l I I I ar ..:� - ! I� '16 � r � � - W.GMRACV. jk € ii�I' � g �❑mNV~] z P 0 z ❑WOoIyl] ,1�111 a W 4 �L¢ v. r r ��."_ may, �;�;,• i � -- _ ul a pF OEM NIL .� . b r, ti. or �I i C-" y VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer. A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing outbuilding/stable shall be removed upon phase 2 development,consistent with accessory and primary structure restrictions and the approved phasing plan. c. The existing home shall connect to City water and sewer services with the first phase of development. d. Owner of the existing home shall cease the operation of an in-home daycare at the time of phase 2 development OR construct the common drive(Lot 8)to be a minimum of 25 feet wide. e. The rear and/or sides of homes visible from S. Stoddard Road(Lots 16-19) shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.B, dated September 21,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Make necessary revisions to the plat to match the revisions made to the landscape plan in Exhibit VII.0 above. b. Show all linear open space to be at least 20 feet wide consistent with UDC 11-3G-3 standards or lose one of the buildable lots in lieu of a larger and centralized open space lot with a commensurate amenity that is code compliant. c. Direct lot access to S. Stoddard Road is prohibited in accord with UDC 11-3A-3. d. Correct the plat to show curb, gutter, and 5-foot attached sidewalk between Lots 13 & 18 consistent with the curve of the public street e. Show the common drive on Lot 14 to be six(6) feet further to the south to ensure at least 20 feet of frontage for Lot 16. g. Remove the western piece of the turnaround up to the required 20-foot wide sewer main easement shown in Lot 15 to square up the southeast corner of Lot 13 and provide more area that can be landscaped behind Lot 13. h. Depict the required 10-foot wide multi-use pathway along S. Stoddard Road and place it at least four(4)feet outside of the ultimate curb and gutter location to allow for landscaping on both sides of the pathway. Prior to the City Engineer's signature on the final plat for Phase 1, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department,unless ACHD requires ones. i. Existing home will get a new address upon development of the first phase of this project consistent with the development of the new local street access. 3. The landscape plan included in Section VILC, dated Selz October 4,2022, is approved as submitted. shag be revised as follows prior- „�.t smitting for Fines Dl , , .4: a. Show all linear-open spaee to be at least 20 feet wide eeasistet#with UDG 11 3 G 3 standards or-lose ene of the buildable lots in liett of a lar-get:and eel+t+ahzed open spaee b. Make the neeessar-y revisions to the landseape plans to mateh the plat revisions noted above in VIII.A2. e. Add additional tfees along inier-o path net4h of Lots 2&3 to remain eensistent with UDC d. Depiet epen visien f6i; private open vision feneing eansistent with UDG 11 f f nein.,.. es) 4. Prior-to the GewAnissien hearing,the Appheant shall verify the leeation of the iffigation along the setith betindai=y to detefmine if it is on the subjeet pr-apef�y; if said diteh is proven to be on the subjeet property,the Applieant should revise any r-elevp:nt plans to depiet this ditch as being pippeed prior- the City Couneil hearing in aeeer-d with UPC; 11 3A 6B. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table I I-2A-6 for the R-8 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. An exhibit shall be submitted with the final plat application for the lots accessed by common driveways(Lots 5-7, 9, & 16-18)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s)shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Install two mainline valves on the tee at the connection to Stoddard Rd. 2. Ensure that any water main is 10'from the edge of right of way. 3. A streetlight plan will be required for the subdivision as well as (2) streetlights along S. Stoddard Rd. 4. Applicant to ensure proper separation between water and sewer mains. 5. Ensure no sewer services pass through infiltration trenches. 6. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.) are built within the utility easement 7. The geotechnical investigative report prepared by Geo Tek,Inc. indicates specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. C. FIRE DEPARTMENT https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=265657&dbid=0&repo=MeridianC iu D. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciby.org/WebLink/Doc View.aspx?id=266783&dbid=0&repo=MeridianC i� E. PARKS DEPARTMENT-MERIDIAN PATHWAYS https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=265658&dbid=0&repo=MeridianC Lty F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.or lWebLink/Doc View.aspx?id=267285&dbid=0&repo=MeridianC G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=267181&dbid=0&repo=MeridianC Lty IX. FINDINGS A. Annexation and Zoning(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. City Council finds the annexation is in the best interest of the City. B. 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: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (West Valley Emergency Center H-2022-0065) Between the City of Meridian and West Valley Medical Center, Inc. for Property Located at the Southwest Corner of N. Levi Ln. and N. Rustic Oak Way ADA COUNTY RECORDER Trent Tripple 2023-001827 BOISE IDAHO Pgs=27 BONNIE OBERBILLIG 01/11/2023 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. West Valley Medical Center, Inc., Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 1 Oth day of January 20 23 ("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 West Valley Medical Center, Inc. ("OWNER/DEVELOPER"), whose address is c/o HCA Healthcare, Inc., One Park Plaza, Nashville, Tennessee, 37203. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the existing Development Agreement recorded September 8, 2021 as Instrument#2021-132724 in Ada County Records for the purpose of updating the phasing plan and to modify the provision requiring noise abatement to be provided along W. Chinden Blvd./State Highway 20-26 to allow for alternative compliance. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument#2021-132724, except as amended as follows: a. The phasing plan included in Section VIlI.B shall replace the original phasing plan in the existing Development Agreement(DA) (Inst. #2021-132724). b. Provision#5.1.3 in the existing agreement shall be modified as follows, "Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 20-26 constructed in accord with the standards listed in UDC 11-31-1-41) or by an alternative compliance proposal as defined in UDC 11-31-1- 4D.4." 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum 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 Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the MODIFICATION TO DEVELOPMENT AGREEMENT—WEST VALLEY EMERGENCY CENTER 11-2022-0065 Page I of 3 provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—WEST VALLEY EMERGENCY CENTER H-2022-0065 Page 2 of 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: West Valley Medical Center, c. g . Nicholas L. Paul Its: Vice President STATE OF TENNESSEE ) )ss. County of Davidson ) On this day of December 2022 ,before me,the undersigned,a Notary Public in and for said State, personally appeared Nicholas L. Paul known or identified to me to be the Vice President _of West Valley Medical Center,Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. PREEN �,L T S ti�tiS 0y t %D L) p6'TgRSFF C No ary P blic 0 4y @94Z f1) My mission expire . 24-, OAOAVIOSO CITY OF MERIDIAN ATTEST: By: — - 1-10-2023 Mayor Robert E. Simison 1-10-2023 Chris Johnson, City Clerk STATE OF IDAHO I :ss County of Ada ) On thisl0th day of January ,20 23 before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho 3-28-2028 My commission expires:___ — MODIFICATION TO DEVELOPMENT AGREEMENT—WEST VALLEY EMERGENCY CENTER 11-2022-0065 Page 3 of 3 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN AND DECISION& ORDER A In the Matter of the Request for a Modification to the Existing Development Agreement for Prescott Ridge (Hospital Portion) (Inst. #2021-132724) to Update the Phasing Plan and Modify the Provision Requiring Noise Abatement to be Provided along W. Chinden Blvd./State Highway 20-26 to Allow for Alternative Compliance; and Conditional Use Permit for a Hospital (i.e. emergency center) in the C-G Zoning District, by Fulmer Lucas Engineering, LLC. Case No(s). H-2022-0065 For the City Council Hearing Date of: December 13,2022 (Findings on December 20, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 13, 2022,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 as Title 11 Meridian City Code,and all current zoning maps thereof.The City of Meridian has, by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR - I- Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of[date], incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for[application type] is hereby [approved/denied] per the conditions of approval in the Staff Report for the hearing date of[date], 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- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted,shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR -2- use not to exceed one (1)two (2)year period. 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 conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk f'or a regulatory takings analysis. G. Attached: Staff Report for the hearing date of[date] FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR -3- By action of the City Council at its regular meeting held on the 20th day o1' December [year]. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED_A)�E_ COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simi n 12-20-2022 By Brad Hoaglun, Council President Attest: I'l.";�Q Chris Johns n 12-2 022 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Ckw�oy�l )" Dated: 12-20-2022 City Clerk's Office rK FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING December 13, 2022 Legend DATE: Project Location TO: Mayor&City Council El FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2022-0065—West Valley Emergency Center—MDA, CUP,ALT _ � o LOCATION: Southwest corner of N. Levi Ln./N. Rustic Oak Way,in the NW 1/4 of Section -- 28,Township 4N.,Range 1 W. (Parcel -- #R6991222250) � •• MIR I. PROJECT DESCRIPTION Modification to the existing Development Agreement for Prescott Ridge(Hospital Portion) (Inst. #2021- 132724)to update the phasing plan and modify the provision requiring noise abatement to be provided along W. Chinden Blvd./State Highway 20-26 to allow for alternative compliance; and conditional use permit for a hospital(i.e. emergency center) in the C-G zoning district. Alternative compliance is requested to UDC 11-31-1-41),which requires noise abatement to be provided for residential and other noise sensitive uses,including hospitals, adjoining state highways. Alternative compliance is also requested to UDC 11-3B-7C,which requires trees to be planted within the required 35-foot wide street buffer along W. Chinden Blvd., an entryway corridor. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 16.46 Future Land Use Designation Mixed Use—Regional(MU-R)&Medium Density Residential(MDR) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Hospital with an emergency center Current Zoning General Retail&Service Commercial(C-G) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 7/11/2022 attendees: History(previous approvals) H-2020-0047(DA Inst.#2021-132724);PBA-2022-0024 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD I No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from Rustic Oak Way via W. Chinden Blvd. at the east boundary of (Arterial/Collectors/State the site.An emergency access is proposed from N. Serenity Ln.via W. Chinden Blvd.at Hwy/Local)(Existing the northwest corner of the site. and Proposed) Trip Generation 279 additional vehicle trips per day& 17 additional vehicle trips per hour in the PM peak hour(estimate) Wastewater • Distance to Sewer Sewer will come from the Prescott Ridge Development to the South. Services • Sewer Shed • Estimated Project See Application Sewer ERU's • WRRF Declining Balance • Project Consistent Yes with W W Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Water Services • Pressure Zone • Estimated Project See application Water ERU's • Water Quality • Project Consistent Yes with Water Master Plan 1 1 1 1 1. 1 1 1 1 iI IN Q 17.10 L' h -Glln pn1 n .Ina - • � - 1,a s��rM+,nll► Ikl'IIIIIII }•. _ �: HYI,I-�� I ��iiili:�Qr��dr '�f1lum■=::=.� IieYm � ` \ s l � rf�� � i fifn■n■rR•C=::...I;; In■■�n 0 ,.F ll� milli I ieoirii lii 1 r11111111Ni �- �y Il.r IIIIIII._nn'ii�nn nnl I A IIIIIII■� �■■ IIIE 11.111:� fI I, ,IIR�IAIn Illnll llll.11ll'ii� _y=1 +I Illlllllln/IIIIIIII 11111,IIII IIIIIIIIIIII� ^, - e,uuwmul �l}4r+iTll ��T� I •DTq�irii _ 1illl a�f!1 //////ru■�` '� illlll\Ilyllil' //%/1llrl■ 1-- - 1■I,' 1 ' � � Y�=Ili.oi�_ CHIFT N'D u]� r_urluq I. 11 � 1� W •Rl.. -r! �___Irll I�.�'=ul'I J`a"^'.���=:��p,. ' ulll � .•IInYR,lllllll _.I•III' 11111111111111111��w��n� ` ` U -=: k,, 1�L' I IIIIIII`IIIII 1■1■II■I� ir ec 11■ �I j-�11nN}1 i��N � 1■"r'�••'u:" � �iiiili �+`+ `���' �111■:'.. iiiiii, ili �,��:, iiinC �• Ii.rii �� r.:��,���r-�Ii�li■ii:i:::=�..' nn ul 111.1�uiiii:��fr�� uu■�'�. . LaL an•w w:� uu6 uuupl nu ��' ■. ip (�-...._�� anon nlr i *'S6ii18L'S 11■11-•�, .In1111■1■Ir'lIIIIIl nlllnr. } �IIIIIM� 1= L..I.Into 1=__ ,-1I==n� t ': �iiiiiiiNhl■-iiii iiiiiii: "6" -�rrl' + � I rerun uu �IIIIIIRR I _nu Illlpl__un __ � ��� ;; I,rrlgP��IEIII IIIIII!11�e'�'u' 1n. _umm�• •■■_un now _ f°IIlIIme1.u■uo Irlll 1111IM rll-_ ��1"IIIE.�t111 wlal 1111.1■1.- --- '--- - -- Il,�llllrllll III�II - "'iii��' 111111.,IIIIIII LIIIII111 Illlllllllly - IItl1lNlll IIIIII: =IIHII IIIIIII - III. APPLICANT INFORMATION A. Applicant: Hugh Lucas,Fulmer Lucas Engineering,LLC—2002 Richard Jones Rd., Ste. B200,Nashville, TN 37215 B. Owner: West Valley Medical Center, Inc. —c/o HCA Healthcare, Inc. —One Park Plaza,Nashville,TN 37203 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/16/2022 11/27/2022 Radius notification mailed to properties within 300 feet 11/10/2022 11/28/2022 Public hearing notice sign posted 11/18/2022 12/2/2022 on site Nextdoor posting 11/10/2022 12/2/2022 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R) on the Future Land Use Map(FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17). The Appliant proposes to develop a hospital with an emergency room and medical offices on this site. This use was conceptually approved with the annexation for Prescott Ridge subdivision. This site is located near a major arterial intersection,W. Chinden Blvd. and N. McDermott Rd. and the future SH- 16/Chinden Blvd. interchange. Transportation: ACHD's Master Street Map (MSM) depicts a residential collector street along the eastern boundary of this.A collector street(Rustic Oak Way) is planned with development along the east boundary consistent with the MSM. COMPREHENSIVE PLAN POLICIES(https:llwww.meridiancity.or /�compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Ensure that quality fire protection,rescue and emergency medical services are provided within Meridian."(4.11.03) The proposed hospital with an emergency room and medical offices will provide much needed medical services in north Meridian. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed development incorporates an 8-foot tall solid CMU wall and a 30 foot wide densely landscaped buffer along the west property boundary adjacent to existing residential uses to assist in screening and buffering the proposed use. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed emergency room associated with the hospital is located approximately 460 feet away from the residential neighborhood to the west, which should minimize conflicts between land uses. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development as proposed. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA) (Prescott Ridge—Hospital Portion H— 2022-0047,Inst. #2021-132724))is proposed to to update the phasing plan and modify the provision requiring noise abatement to be provided along W. Chinden Blvd./State Highway 20-26 to allow for alternative compliance. The existing phasing plan is for the overall Prescott Ridge development,which is being developed separately from the proposed development.A phasing plan for the subject property is proposed to replace the existing plan. The emergency room and perimeter buffers along the north,west and south boundaries of the site are proposed to develop with the first phase; the medical office building with retail and restaurant uses is proposed to develop with the second phase; and the hospital is proposed to develop with the third and final phase of development. The collector street(Rustic Oak Way)and associated street buffer will be constructed by the developer of Prescott Ridge Subdivision with their first phase of development. See phasing plans in Sections V111.A &B. Staff is supportive of the proposed change to the phasing plan that includes more detailed phasing for the subject property and separation from the residential portion of the development under separate development. DA provision#5.1.3 states, "Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 2O-26 constructed in accord with the standards listed in UDC 11-3H-4D."The Applicant proposes a modification to the provision as follows, "Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 20-26 constructed in accord with the standards listed in UDC 11-31-1-41)or by an alternative compliance proposal as defined in UDC 11-31-1-41).4."Staff is amenable to the proposed change as UDC 11-3H- 4D.4 states, "The Director may approve alternative compliance as set forth in Chapter 5, "Administration", of this title where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer." B. CONDITIONAL USE PERMIT(CUP) A CUP is proposed for an 11,241 square foot emergency medical facility on 2.4-acres of land,ultimately planned to be part of a hospital campus, on a total of 16.46-acres of land in the C-G zoning district as required by UDC Table 11-2B-2. The emergency facility is proposed in Phase 1 and the hospital is proposed in Phase 3,per the phasing plan in Section VIII.B. An application for a modification to the CUP will be required to be submitted for approval of the hospital. Dimensional standards: Compliance with the dimensional standards listed in UDC Table 11-2B-3 is required. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the specific use standards listed in UDC 11-4-3-22,as follows: Staff's comments in italics. A. If the hospital provides emergency care,the location shall have direct access on an arterial street. The City Council previously deemed the access for the emergency room via Rustic Oak, a collector street, meets the intent of this standard as noted in the DA (provision#5.1.10). B. Accessory retail uses including,but not limited to,retail shops, food or beverage service, and personal service shops,may be allowed if designed to serve patrons of the hospital and their visitors only. C. No hospital shall be located within one thousand(1,000)feet of the following uses: Explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals,power plant, food product storage and processing plant. Access: Access is proposed from two (2) access driveways via Rustic Oak Way, a future collector street along the east boundary of the site; an emergency only access driveway is proposed from the west via Serenity Ln., a private street. Direct access via Chinden Blvd./SH 2O-26 is prohibited. An access easement is needed for the proposed emergency access via Serenity Ln.If an easement isn't attainable, a minimum 20-foot wide emergency access driveway constructed to Fire Dept. standards shall be provided to the south to N.Backcountry Pl.between Lots 5 and 7,Block 12 in Prescott Ridge Subdivision No.3; and a barrier prohibiting access shall be erected at the west end of the frontage road.The frontage road may be extended in the future if/when the property to the west redevelops. Emergency access is not required with the emergency center;however, it will be required with the hospital if the overall area of the building exceeds 124,000 square feet or 3+stories in height. If an easement is obtained prior to submittal of the Certificate of Zoning Compliance for the emergency center, a copy of the recorded easement should be submitted to the Planning Division; otherwise,access should be depicted on the site plan from the south with the expansion of the hospital.Note: The Peregrine Heights subdivision plat note#6 states all lots except Lots 18 and 19 have an interest in Lot 10, the private street lot for Serenity Ln.; note#7 states direct access to W. Chinden Blvd. is limited to Lots 18 and 19—therefore, the subject property has no interest or right to access Serenity Ln. unless an access easement is obtained. Sidewalks: A detached sidewalk is required along W. Chinden Blvd.per UDC 11-3A-17. Because the Pathways Master Plan depicts a 10-foot wide pathway along Chinden, Staff recommends a 10-foot wide detached pathway is provided within the street buffer in lieu of a sidewalk. Pathways: Ten-foot(10')wide pathways are proposed within the street buffer along Chinden and within the land use buffers to residential uses along the west and south boundaries of the site in accord with the Pathways Master Plan. These pathways are required to be placed in a 14-foot wide public pedestrian easement.An easement for such should be submitted to the Planning Division for Council approval and recordation prior to issuance of Certificate of Occupancy for the proposed use. Landscaping: A 35-foot wide street buffer is required to be provided on this site along W. Chinden Blvd./SH 2O-26, an entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. The street buffer is measured from the back of curb;where the transportation authority is anticipating future widening of the street,the width of the buffer is measured from the ultimate curb location. There is a large expanse of land within the right-of-way along Chinden that can be counted toward the street buffer requirement if landscaped per the standards in UDC 11-3B-7C.3; landscaping may be allowed through a license agreement with ITD. Because this is an entryway corridor, enhanced landscaping should be installed in accord with the standards listed in UDC 11-3B-7C.3.A revised landscape plan should be submitted with the Certificate of Zoning Compliance application that reflects compliance with standards listed in UDC 11-3B-7C,including enhanced landscaping along the entryway corridor (i.e.Chinden Blvd). Alternative Compliance is requested to the landscape standards in UDC 11-3B-7C.3,which require a minimum density of one(1)tree per 35 linear feet along with shrubs, lawn or other vegetative groundcover,to be installed within the street buffer along W. Chinden Blvd. On the western portion of the site,the buffer area is constrained where the emergency access road is proposed to the north of Peregrine Heights Subdivision. In this area,the trees are proposed on the south side of the driveway. Because driveways are an allowed impervious surface in street buffers and the required number of trees are proposed on the south side of the driveway, Staff sees no purpose for the request as the proposed landscaping appears to meet UDC standards;thus, Staff recommends denial of the request. A 25-foot wide buffer is required to adjacent residential uses to the west and south, landscaped per the standards listed in UDC 11-3B-9C as proposed.A 30-foot wide buffer is proposed with an 8-foot tall wall, landscaped with a mix of evergreen and deciduous trees, shrubs and lawn,which should result in a barrier that allows trees to touch at the time of maturity. Irrigation: All landscape areas shall be served with an automatic underground irrigation system that complies with the performance specifications listed in UDC 11-3B-6B(this includes the native dryland seeded areas within the right-of-way along Chinden Blvd.). Noise Abatement: Because a noise sensitive use(i.e. a hospital) is proposed adjacent to W. Chinden Blvd./State Highway(SH)20-26,noise abatement in the form of a berm or a berm and wall combination is required to be provided within the street buffer along the state highway in accord with the standards listed in UDC 11-3H-4D. The top of the berm or berm/wall is required to be a minimum of 10-feet higher than the elevation at the centerline of the highway. The Applicant requests alternative compliance to this standard to not provide noise abatment along the entire frontage of the site adjacent to the state highway.Per UDC 11-3H-4D.4, the Director may approve alternative compliance as set forth in UDC 11-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer. The Applicant states that strict conformance to these standards is not possible due to physical constraints present on the property. The emergency vehicle access from Serenity Lane via W. Chinden Blvd./SH 20- 26 from the west is required to be a minimum of 20-feet wide—at its narrowest point it's only 20.9-feet wide,which is not sufficient to accommodate construction of the emergency access and a berm or berm/wall combination,as required. There is room for landscaping within ITD's right-of-way(ROW) along Chinden Blvd./SH 2O-26 with a license agreement; however,ITD does not allow walls within their ROW. Additionally,the first 20-feet of the property south of the northern property boundary is encumbered with a 20-foot wide ITD easement(Inst. #2015-010191)which further constrains the property. The Applicant states this is an irrigation easement for a waste ditch that served this site; if no longer needed,the Applicant should pursue abandonment of this easement. To mitigate the noise impacts to the building/use,the structure is proposed to be set back over 400-feet south of the northern right-of-way line along the state highway. The Applicant states this setback provides significant reduction in noise levels (even when accounting for future traffic growth)and brings the noise levels to within national hospital design standards which require no noise abatement and meets the UDC requirements' intended purpose. A Site Noise Study and Barrier Wall Evaluation was performed by a licensed acoustical engineer and submitted with this application. Their findings state that the current and predicted future noise levels at the site meet the 2018 FGI Minimal category at both the proposed hospital fagade and outdoor use area. The Minimal category indicates that mitigation is not needed at outdoor patient seating areas and that the facade could be constructed using typical means and materials with mechanical ventilation. Staff is amenable to the Applicant's proposal to located the building 400+feet to the south of the state highway to lessen the noise impacts as proposed,however,Staff recommends a minimum 3-foot tall berm with no less than 4:1 slope is provided within the street buffer for aesthetic reasons(i.e. to screen the parking area) since the site is located along an entryway corridor into the City, consistent with UDC 11-3B-7C.3f. Parking: Off-street vehicle parking is required per the standards listed in UDC 11-3C-6B.1. Based on the 11,241 square foot facility, a minimum of 22 parking spaces are required.A total of 47 spaces are poposed, in excess of UDC standards. Bicycle parking is required per the standards listed in UDC 11-3C-6G. Based on 47 vehicle parking spaces, a minimum of two(2)bicycle spaces are required. A total of three(3) spaces are proposed,in excess of UDC standards. Bicycle parking facilities should comply with the location and design standards listed in UDC 11-3C-5C. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VIII.E. Building materials consist of EIFS,thin stone veneer and corrugated roof screen wall panels. Final design is required to comply with the design standards in the Architectural Standards Manual. VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. The Director has conditionally approved the request for Alternative Compliance to the noise abatement standards listed in UDC 11-3H-4D; and denied the request for Alternative Compliance to the landscape standards listed in UDC 11-3B-7C for the reasons noted above in Section VI,per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on December 1, 2022. At the public hearing,the Commission moved to recommend approval of the subject CUP request. 1. Summary of Commission public hearing_ a. In favor: Betsy Hunsicker b. In opposition:None C. Commenting: Cory Coltrin d. Written testimony: Val Stack&Paul How e. Staff presenting gpplication: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. An access easement hasn't been granted via Sereni. Ln., a private street, for the proposed emergency access at the northwest corner of the site, therefore, emergency access should be provided from the south from the cul-de-sac in Prescott Ridge Subdivision. b. If a frontage road isn't provided to Serenity Ln.,there would be adequate room to construct a sound attenuation berm and wall and the Applicant could comply with UDC standards for noise abatement for the hospital. 3. Ke, ids)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. Condition#8 in Section IX.A incorrectly states a 4-foot tall berm is required. It should be a 3-foot tall berm consistent with condition#3b—Staff requests Council make this correction. C. The Meridian City Council heard these items on December 13,2022. At the public hearing.the Council moved to approve the subject MDA and CUP requests. 1. Summary of the City Council public hearine: a. In favor: Betsy Hunsicker,Ross Lucas b. In opposition: None C. Commenting. Doug Haneborg d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Residential neighbors' objections to emer�encv access via Serenity Ln. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None VIII. EXHIBITS A. Existing Phasing Plan for Overall Development(Prescott Ridge) PHASE BUILDABLE LOTS � 44 3 41 a 4 43 N g 41 8 37 S PHASE 1 39 If = S 46 = w 9 14 x TOTAL s I BUILDABLE 37C _ I , LOTS a I t � HHASE i h7n oQ gg g ENGINEERING .' oa PHASE 3 QZr' 1 OF 1<,IE PHASE 1 VV B. Proposed Phasing Plan for Hospital/Medical Center Site W.CNINDEN BLVD. T f �� -u„ ;Illlllilll�llllfllll �IIII IIIIII � n"c icc[ssy 'c e _ F — 'RA8E TAVMP—Fz 7A11! ore aumrnxo _ _ a t.. ` _ eLIlW11 Ui'�11J1Lv11L.....J1L11d14Jj1Ui I I I I I I fu..0• .......... - - a M—IMETER ¢BUFFERS PVI SG L -P1VSE 3_H95PIALFPo 1 ' p •ti�_ 1 \ a xen�r au wx� _ "_ I'= RIlSTfC OAI[WAV ATJE)AD7ACE77T' c L4NGSCAPING TO BE CONSTRUCTED EY nvr mr s�.nw ororon..-.�, QTREMASPART.QESEPAEAFEPLAK- IIIIII.IIILLIL: rmmllu rrrrnnlP�ilnlllrrr -�=€ nE3ceniw CexnFtncn�n ✓�lLj e EX.2.0 `LJ Pllanan 450 Scale:1'_]M]SC' C. Site Plan(dated: 9/29/2022) ------ -----—------ ----------- WEST VALLEY ER CLLURLLL� ERIDIAN HCA-W I M—DVIA—V EM AN —5—TCHINDEM- ---------------- -------------------------------------- -- ---—-------- —--- ------------------------------- i----- ------ _ I______ ----------------------------- a III PAVN -------------------- - ------ ---------------------------- ------------------------------------ ICI 1 GLEGMD - ----------- ------------------ ENE.R. LAYOUT PLAN D. Landscape Plan(dated: 7/22/2022)—full plan set f " WEST CHINDEN BLVD.-- 17 m ■ 1 = o r _ i 11F 1 1 1 VICINITY MAP �,6$HEET L1.1 1 SHEET L1.2 1 DEVELOPMENT FEATURES vimm 1 1 SHEET L1.3 I �w - � wIls z LANDSCAPING INFORMATION 1 _ z ® 1 O Er ILL,1 1 1 _ __ -- Y1 I1 �- x z ,O 'SHEET L1.4 4 }---SHEET L1.5 --' -SHEET L1�6- ° -----1-*---------- - - +----------------- ----------------- c� ti C. iA ¢�h iSHEET L1.7 i ' i l SHEET L1.8 i SHEET L1.9 1 1 1 z i ' I O B ---------------------- I ® A 1 -L-L- - ----- , o � VERALL LANDSCAPE PLAN DISCLAIMER: 0 LANDSCAPE SET SHEET INDEX SHEETS L1-7-L'I 4 DETAILED LANDSCAPE PLANS- SHEET L2.0 LANDSCAPE NOTES AND DETAILS. A B C E F G H J K L M + 0 P E. Elevations(date: 4/27/2022) ■ O EASTP ELEVATION m g. ---_-_-_ _-_-._-_-.-._-_-_---1_- —_—_—_ _—_—_—_—_r [.`.p PRELIMINARY -�Y CONSTRRUCTHCT ION NO - - - - - - - - - - - WESTVALLEYER- ��..,.®.. .,.�w.,a,� �,.,a. ,a..m.a�a..�.,� MERIDIAN n U SOUTH ELEVATION �e��w nTI_ (YID IV- W EST ELEVATIO N tea_,e ILE I U NORTH ELEVATION V moo' A201 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The phasing plan included in Section VIII.B shall replace the original phasing plan in the existing Development Agreement(DA)(Inst. #2021-132724). 2. Provision#5.1.3 in the existing agreement shall be modified as follows, "Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 20- 26 constructed in accord with the standards listed in UDC 11-3H-4D or by an alternative compliance proposal as defined in UDC 11-31­14D.4." The amended DA shall be signed by the property owners) and returned to the City within six (6) months of City Council granting the subject modification. Conditional Use Permit: 3. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the location and a detail of the bicycle rack that complies with the location and design standards listed in UDC 11-3C-5C. b. Depict a minimum 35-foot wide street buffer along W. Chinden Blvd. with landscaping in accord with the updated standards listed in UDC 11-3B-7C.3. Enhanced landscape design features shall be provided within the street buffer along Chinden Blvd., an entryway corridor, in accord with UDC 11-3B-7C.3f, including a minimum 3-foot tall berm with no less than 4:1 slope to screen the parking area. Include calculations that demonstrate compliance with the standards. Landscaping may be allowed within the right-of-way along Chinden Blvd. with a license agreement with ITD. c. If an easement for emergency access via Serenity Lane is not attainable prior to submittal of the Certificate of Zoning Compliance application for the proposed emergency center, a barrier prohibiting access shall be erected at the west end of the frontage road. If an access easement is obtained, submit a copy of the recorded easement to the Planning Division.Emergency access is not required with the emergency center; however, it will be required with the hospital expansion if the overall area of the building exceeds 124,000 square feet or 3+ stories in height. 4. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the proposed multi-use pathways within the site along the north,west and south property boundaries, prior to issuance of Certificate of Occupancy for the proposed use. 5. The Applicant should pursue abandonment of the 20-foot wide ITD easement(Inst. #2015-010191) that runs along the northern boundary of this site and constrains the property if the easement is no longer needed. 6. All landscape areas shall be served with an automatic underground irrigation system that complies with the performance specifications listed in UDC 11-3B-6B(this includes the native dryland seeded areas within the right-of-way along Chinden Blvd.). 7. Comply with the standards listed in UDC 11-4-3-22 for hospitals. 8. The Applicant's request for Alternative Compliance to the noise abatement standards listed in UDC 11-3H-4D was approved by the Director with the condition a minimum 4-feet 3-foot tall berm is installed within the street buffer along W. Chinden Blvd. 9. An application for a modification to the Conditional Use Permit shall be submitted for approval of the hospital prior to the third phase of development. 10. Certificate of Zoning Compliance and Administrative Design Review applications shall be submitted and approved for the proposed use prior to submittal of a building permit application. 11. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B- 6F. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Extend 8" water main to area of hydrant and then install the 6" lateral and hydrant. See mark up on sheet C-3.0. This would also allot the fire line and water meter runs to be shorter. 1.2 Both the fire hydrant lateral and the Fire line are called out as "Fire Lines". Call them out differently as the fire hydrant lateral is public and requires an easement where the fire line is private and does not require an easement. 1.3 The fire hydrant lateral has a tee.No other item can connect to an 6" fire hydrant lateral except a single hydrant. So tee would not be allowed. 1.4 Provide a 20'easement for the water line, fire hydrant lateral, and service up to the meter. Extend easement 10'beyond the hydrant and water meter. 1.5 Subject to the Oaks Lift Station and Pressure Sewer reimbursement agreement. 1.6 Sewer will come from the Prescott Ridge Development to the South. 1.7 Ensure no sewer services cross infiltration trenches. 1.8 To and through must be brought to parcels SO428120750, SO428120715, and S0428120651. 1.9 Any unused stubs must be abandoned per City requirements. 1.10 A future install agreement for Chinden Blvd will be required for the development of this property in the amount of$140,000.00. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) hggs://weblink.meridiancity.oLy WeUink/Doc View.aspx?id=2 78 5 3 9&db id=0&rep o=Meridia n City F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=276952&dbid=0&repo=MeridianCity X. FINDINGS A. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the Comprehensive Plan and is allowed as a conditional use per UDC Table 11-2B-2 in the C-G zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. B. Alternative Compliance(UDC 11-511-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: In regard to the request for alternative compliance to the standards listed in UDC 11-3H-41): 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is not feasible for the western portion of the site where site constraints exist north of Peregrine Heights Subdivision; however, the Director finds it would be feasible on the eastern portion of the site outside of the ITD easement area. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance ofproviding a building setback of over 400 feet from the state highway provides an equal means for meeting the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. In regard to the request for alternative compliance to the standards listed in UDC 11-3B-7C: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3B-7C is feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance ofproviding trees on the south side of the emergency access driveway does not conflict with the required landscape standards; therefore, alterative compliance is not needed. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means complies with UDC standards as-is— alternative compliance is not needed. E IDIAN:--- .�/Amu AGENDA ITEM ITEM TOPIC: Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital E IDIAN IDAHO DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 1 Oth day of January, 2023, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City," 33 East Idaho Avenue, Meridian, Idaho 83642, and Settlers Park Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 3220 N. Meridian Road, Meridian, Idaho 83646. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2023 to December 31, 2023. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including,but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE I OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent(50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf, and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (1 Oth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Settlers Park Veterinary Hospital, 3220 N. Meridian Road, Meridian, Idaho 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty(30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen(15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2023DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 5 S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: SETTLERS PARK VETERINARY HOSPITAL Designe�~ligna re BY: &is l 1s) rM Print NaMe CITY OF MERIDIAN BY: Robert E. Simison, Mayor 1-10-2023 Attest: Chris Johnson, City Clerk 1-10-2023 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 1 ER� DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 13th day of December, 2022, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,hereinafter referred to as "City," 33 East Idaho Avenue, Meridian,Idaho 83642, and Meridian Veterinary Hospital, hereinafter referred to as "Licensing Designee,"whose business address is 421 W Franklin Road, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2023 to December 31, 2023. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE T OF 5 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent(50%) of the amount of each dog license fee collected on City's behalf. S. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf; and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (I Oth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags,Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason,regardless of Licensing Designee's assertion of loss,theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. F. Independent Contractor: In all matters pertaining to this agreement,Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 5 G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee,its servants,agents,employees, guests,and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Meridian Veterinary Hospital, 421 W Franklin Road,Meridian,Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require,there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement- N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE of 5 proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1.. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement,completed or incomplete, shall, at the option of the City,become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3)of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 5 MERIDIAN VETERINARY HOSYIGAL Designee's ature BY: 4 Print Name CITY OF MERIDIAN BY: Robert E. S imison,Mayor 1-10-2023 Attest: Chris Johnson, City Clerk 1-10-2023 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 VIE IDIAgN DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 13th day of December, 2022, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as"City,"33 East Idaho Avenue,Meridian, Idaho 83642, and Pet Care Clinic, hereinafter referred to as "Licensing Designee," whose business address is 1151 E. Fairview Avenue, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2023 to December 31, 2023. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. 3. Official log: Licensing Designee shall keep an official,monthly,written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 2023 DOG LICENSING DESIGNEE AGREEMENT 2 PAGE I of 5 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf, and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (1 Oth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: I 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 2023 DOG LICENSING DESIGNEE AGREEMENT N PAGE 2 OF 5 G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Pet Care Clinic, 1151 E. Fairview Avenue, Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the City may require,there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the 2023 DOG LICENSING DESIGNEE AGREEMENT• PAGE 3 OF 5 proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 5 PET CARE CLINIC Designee's Signat r / BY: �L /Zl� ✓✓ Print Name CITY OF MERIDIAN BY: Robert E. Simison, Mayor 1-10-2023 Attest: Chris Johnson, City Clerk 1-10-2023 2023 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 5 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Professional Service Agreement with Hull Film for Meridian Historical Virtual 360 Tour for the Not-To-Exceed amount of$1,800 PROFESSIONAL SERVICES AGREEMENT FOR MERIDIAN HISTORICAL VIRTUAL TOUR PHOTOS This PROFESSIONAL SERVICES AGREEMENT FOR MERIDIAN HISTORICAL VIRTUAL TOUR PHOTOS ("Agreement") is made this day of January, 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Hull Film, LLC, a limited liability company organized under the laws of the State of Idaho ("Contractor"). (City and Contractor may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that the public experience the history of Meridian with an immersive virtual tour of historic places and properties, and to that end, solicited proposals for a series of Panoramic 360-degree photos and large format stills to be used in the Meridian Virtual Tour digital app, print brochure, and other uses ("Project"); WHEREAS, Contractor proposed to produce panoramic, 360-degree photos and large- format still photos, at the historic Eggers Farmstead, located at 820 S. Black Cat Road, also known as Black Cat Farm("Black Cat Farm"), which proposal is attached here as Exhibit A ("Proposal"); WHEREAS, at its meeting on December 7, 2022, the Meridian Historic Preservation Commission reviewed the Proposal, determined that it will contribute to the immersive virtual tour experience, and recommended that the City enter into an agreement with Contractor for the work described therein; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Contractor shall provide all services and deliverables as described in the Proposal, including producing and delivering to City two (2)panoramic, 360-degree photographs, twenty-four (24)point-of-interest("POI")photographs, and four(4) large format still photographs of Black Cat Farm. All photographs will be uploaded and maintained by Contractor through Contractor's website. All photographs produced by Contractor under this Agreement may hereinafter be referred to as "Deliverables." II. COMPENSATION. A. Total amount. The total payment to Contractor for Deliverables and all related services provided under this Agreement shall be one thousand eight hundred dollars ($1,800.00). This amount shall constitute full compensation for any and all conceptualization,pre- production planning, travel, materials,production time, and use of the final product, as well as all use rights and copyrights. PROFESSIONAL SERVICES AGREEMENT-HISTORIC SITE PHOTOGRAPHS PAGE I B. Method of payment. Within seven(7) days of delivery of all Deliverables, Contractor shall provide an invoice for Deliverables, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Contractor. III.TIME OF PERFORMANCE. A. Timeline. Contractor shall deliver Deliverables to City by 5:00 p.m. on Friday, September 1, 2023. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. IV.CREATION,INTEGRITY,AND OWNERSHIP OF PROJECT. A. Waiver and relinquishment of rights. Contractor shall, and hereby does, expressly waive any and all right, title, or interest in the Deliverables and/or Project. Contractor understands that this waiver shall include waivers of the rights of reproduction, adaptation,publication, and display, except as otherwise permitted by this Agreement. Contractor agrees to relinquish any and all rights, title, and interest in the Deliverables developed in connection with this Agreement, and hereby expressly waives any rights Contractor has or may have to the Deliverables or Project, including, but not limited to, the rights afforded Contractors under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. Under 17 U.S.C. § 201(b), City is the author of the Project and therefore owns all of rights comprised in the copyright. Further, to the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Exclusivity. Contractor warrants and represents that the Deliverables produced pursuant to this Agreement have never heretofore been designed, created, published, or copied and that Contractor is the sole creator and owner of all rights in the Deliverables. C. Ownership. Upon Contractor's delivery of the Deliverables, the Deliverables shall be owned by City. D. No copyright. Contractor shall not make any claim to the copyright of the Deliverables or Project. PROFESSIONAL SERVICES AGREEMENT—HISTORIC SITE PHOTOGRAPHS PAGE 2 E. Contractor's Copies of Deliverables. Contractor may retain reduced quality versions of the Deliverables as Contractor may desire for marketing, educational and public information purposes. Where practicable, Contractor shall acknowledge on each such reproduction the URL of the Project,provided that reproductions shall not be identified as or represented to be the finished Project. F. Subcontracting or assignment of obligations. Contractor shall not subcontract or assign any of Contractor's obligations under this Agreement that require or that may require Contractor's creative talent or expertise. Contractor may subcontract or assign obligations that do not require Contractor's creative talent or expertise, including,but not limited to, such obligations as editing or retouching Deliverables, and other obligations as outlined in Contractor's proposal as set forth in Exhibit A. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. V. INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Contractor shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor or Contractor's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Project. B. Waiver. Contractor waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Contractor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Contractor. Contractor acknowledges and understands that City shall not provide insurance or benefit coverage of any kind for injury, death, or illness related to Contractor's provision of services under this Agreement. Contractor shall obtain and shall maintain, at Contractor's own expense, insurance in an amount necessary to insure Contractor's insurable interests. VI. TERMINATION. A. Termination for cause. If City determines that Contractor has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its PROFESSIONAL SERVICES AGREEMENT-HISTORIC SITE PHOTOGRAPHS PAGE 3 intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty(30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Contractor for work actually delivered by Contractor prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Contractor. In the event of termination for non-performance or default by Contractor, all finished and unfinished photographs and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Contractor shall not be relieved of any liability for damages sustained by City attributable to Contractor's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Contractor is determined. Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Contractor. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen (14) days' notice to Contractor. C. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VII. GENERAL PROVISIONS. A. Permission to enter property. Prior to entering Black Cat Farm or any other privately- owned property for purposes of work described in this Agreement, Contractor shall obtain permission from the owner(s) of such property. B. Relationship of Parties. It is the express intention of Parties that Contractor is an independent contractor and neither Contractor nor any officer, employee, subcontractor, assignee, or agent of Contractor shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City. Contractor shall retain the right to perform services for others during the term of this PROFESSIONAL SERVICES AGREEMENT-HISTORIC SITE PHOTOGRAPHS PAGE 4 Agreement. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Contractor shall comply with any and all applicable federal, state, and local laws. D. Non-Discrimination. Throughout the course of this Agreement, Contractor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. E. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. F. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. G. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. H. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. PROFESSIONAL SERVICES AGREEMENT-HISTORIC SITE PHOTOGRAPHS PAGE 5 K. Notice.Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Contractor: City: Brandon L. Hull Cassandra Schiffler, Arts and Culture Coordinator Hull Film, LLC Parks and Recreation Department 1303 E. Portobello Ct. 33 E. Broadway Ave. Eagle ID 83616 Meridian ID 83642 (208) 866-7874 (208) 489-0399 brandon@hullfilm.com cschiffler@meridiancity.org Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. M. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. CONTRACTOR: Brandon L. Hull Manager, Hull Film, LLC CITY OF MERIDIAN: BY: Attest: Robert Simison, Mayor 1-10-2023 Chris Johnson, City Clerk 1-10-2023 PROFESSIONAL SERVICES AGREEMENT-HISTORIC SITE PHOTOGRAPHS PAGE 6 EXHIBIT A CONTRACTOR'S PROPOSAL PROFESSIONAL SERVICES AGREEMENT-HISTORIC SITE PHOTOGRAPHS PAGE 7 H U LLF I LM EAGLE, ID. 83616 HULLFILM.COM 208-866-7874 BRANDON@HULLFILM.COM To: Cassandra Schiffler, Meridian HPC From: Brandon L. Hull, HULLFILM Date: 08/29/22 Re: Meridian Historical Virtual Tour OVERVIEW: To continue the interactive virtual tour consisting of Panoramic 360's and Large-Format Stills highlighting the history of the city of Meridian. The Virtual Tour features compatibility with computers, tablets, and mobile phones. ABOUT THE TOUR: The next stage of the virtual tour will focus on one location: 1. Black Cat Farm LOCATION 1: Black Cat Farm 2 x Panoramic 360's + up to 24 augmented POI's 4 x Large-Format Stills (To be selected by HPC) COST AND TIMELINES: The suggested offering above featuring 2 Panoramic 360's and 4 Large-Format Stills, along with the full update and delivery of the virtual tour, would cost $1 ,800. Once production has commenced, the project will take approximately 60 days to deliver the final working tour. CONCLUSION: This continues to be a very exciting time in the history of the City of Meridian, with changes occurring in every direction. Having the foresight to capture and preserve the City as it is at this time using cutting-edge technology that can be accessed by the vast majority of citizens, will encourage preservation. The images produced for the tour are history as soon as the photo is taken, and with the assistance of the virtual tour tool, over time it will be possible to shoot the same locations again and see the changes at each. This is a long-term project, built in individual pieces over time. Thank you for considering this, Sincerely, Brandon Brandon L. Hull HULLFILM 208-866-7874 brandon@hullfilm.com HULLFILM 360: https://hulifilm.com E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Professional Service Agreement Between City of Meridian and Joshua Binder for Traffic Box Wrap of Terry Binder's Artwork Near Ten Mile and Pine Mayor Robert E. Simison E IDIAN� Treg Be City Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader January 10, 2023 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Cassandra Schiffler, Arts and Culture Coordinator, MPR Dept. RE: New Special Traffic Box Wrap at Ten Mile and Pine with Artwork by High School Student Terry Binder Background There was a recent, tragic accident at the crosswalk at Ten Mile and Pine, near Meridian High School. A Meridian High School student, Terry Binder, was walking to school and was struck by a truck, and was killed. Joshua Binder, the father of the student reached out to the City to inquire about putting his son's artwork on the nearby traffic box. The Public Art Committee reviewed the project and several images of Binder's artwork at their 11/15/22 meeting and recommended an artwork. The Meridian Arts Commission(MAC) recommended and approved this project at their 12/8/22 meeting. MAC acknowledged that this is outside of the normal traffic box art selection process, and that MAC does not (and should not) make a regular practice of creating memorials. However, the commission found that this proposed project is an exception, warranting consideration due to the artist's untimely death at age 16 that has profoundly impacted his family, his friends at Meridian High School, and the entire Meridian community. This wrap is recommended as a tribute to Terry Binder's kindness to others, artistic talent, and significance to his Meridian and greater communities. The parent, Joshua Binder, would have been responsible for the cost of installing the wrap, however, the vinyl vender, Signs Etc, has stated that they will do the printing and installation of this project at no charge. When installed, this artwork will become part of the regular traffic box program and will follow maintenance and replacement policies for all wraps. Recommendation To approve the agreement with Joshua Binder for the installation of his son, Terry Binder's artwork as a traffic box wrap at Ten Mile and Pine. AGREEMENT FOR INSTALLATION OF ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This AGREEMENT FOR INSTALLATION OF ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this day of , 20 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joshua Binder, ("Contractor"), an individual person and father of Terry Binder("Artist"). WHEREAS, as part of the Traffic Box Community Art Project ("Project"), City transforms original artwork into vinyl wraps and, with permission from Ada County Highway District("ACHD"), covers traffic control boxes throughout Meridian with such wraps, as a benefit to the public; WHEREAS,Artist's untimely death at age 16 has profoundly impacted his family, his friends at Meridian High School, and the entire city of Meridian, and in tribute to Terry's kindness to others, artistic talent, and significance to his Meridian and greater communities, the Meridian Arts Commission("MAC")unanimously recommends that a piece of art created by Artist as depicted in Exhibit A hereto ("Artwork"),become an installation as part of the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork,printing such image on a vinyl wrap, and installing the vinyl wrap on a traffic control box in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Contractor acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Payment. Within thirty(30) days of issuance of invoice by Signs Etc. (910 E. Franklin Road, Suite 102, Meridian, Idaho) for creation and installation of the vinyl wrap, Contractor shall pay Signs Etc., directly and in full, in the amount of five hundred and ninety-one dollars ($591.00), plus sales tax. D. Limited edition. Contractor warrants and represents that the Artwork has never before been published, produced, reproduced, or copied; that Artist was the sole creator of the Artwork; and that Contractor is the lawful owner of all rights in the Artwork. E. Copyright. Contractor shall not make any claim to the copyright of the Artwork. Contractor INSTALLATION AGREEMENT-TRAFFIC Box WRAP PAGE I expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including,but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. F. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork will be near Ten Mile Road and Pine Avenue. Once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. G. Duration of vinyl wrap. It is understood by the Parties that while the expected duration of the installed vinyl wrap is at least five (5) years, the vinyl wrap may be removed from the traffic box at any time with no notice, due to damage or at the discretion of City or ACHD. Once removed, City shall not be obligated to replace or reinstall the vinyl wrap. H. Photographs. Contractor consents to City's publication and/or use of photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the vinyl wrap for promotional purposes. II.TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE 2 D. Nonpayment.In the event that Signs, Etc. does not receive full and timely payment for creation and installation of the vinyl wrap,this Agreement shall expire and the Parties shall have no further dealing hereunder. E. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged,modified or altered except upon written agreement signed by both parties hereto. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. All of the terms, provisions,covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon,each party and their successors, assigns, legal representatives, heirs, executors,and administrators. I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. J. Compliance with law. Contractor shall comply with any and all applicable federal, state, and local laws. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. CONTRACTOR: oshua Bind Father of Terry Binder CITY OF MERIDIAN: BY: Attest: Robert Simison, Mayor 1-10-2023 Chris Johnson, City Clerk 1-10-2023 INSTALLATION AGREE 4ENT-TRAFFIC BOX WRAP PAGE 3 EXHIBIT A - »\�a§ < PROFESSIONAL SE ICES AGREEMENT-TRAFFic So WRAP PAGE 4 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Proclamation for Mental Wellness, Suicide Awareness & Addiction Recovery Month iI tEl IDIAN The Office of the Nayor PRO CI AjW ATION WHEREAS, people with mental illnesses, addiction struggles, or thoughts of suicide can recover if given the necessary services and support in their communities; and, WHEREAS, research shows that promoting connectedness -between people and within communities - creates a sense of belonging, which can be a protective factor against suicide and addiction; and, WHEREAS, people with these struggles make important contributions to our families and our communities and have many life experiences to offer so that others can find success in recovery; and, WHEREAS, greater public awareness about mental illnesses can change negative attitudes and behaviors; and, WHEREAS, we believe that connection is the cure and know that encouraging those connections takes work and partnership in the community; and, WHEREAS, working with our community partners to introduce and connect people with the mental health, addiction recovery and suicide prevention resources that are available throughout the Treasure Valley is critical to the well-being of our families, communities, schools, and businesses. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim January 2022 as Nental Wellness, Suicide .Awareness and .Addiction Recovery Nonth in the City of Meridian and encourage the residents of our community to recommit to increasing awareness and understanding of mental illnesses, reducing stigma and discrimination, and promoting appropriate and accessible servic r e ;pl with mental illnesses. Dated this Ioth day of January, 2023 Robert E. imi n, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council lk I . . 4.1do T E L Ilk � . VV 1 F IF . . IPeeeeeee * s r � Ilk, y 1 T I ) {5 4 s I " �J k -- L� IF llovi i --_ - � 00, _ <..7_ ' Y � yy � v M PPPPP r i de '. V, IF ✓ OF iLl It ff p — did .10 44, dIIIIIIIIINNIL ` = - - _ � - . `Aw _ FBI eg ��-- .,� . .; it cccc iAM 1 . Y k � t 4 ; ► a0cs ,� v � 7 � o .4 lk r..,�,,,,,� -�/IF y •E' fir, 0 r . pp ov 4W C (Al ' =OClA ?I .i 7i yy Ike tIj pp IF jo z_ �i 6' Too' c r; * r. A` ^. It ol . 1 . oF AMP, lb ti; ,ifv too e to ,Y t h f Ir R7 i� o a 44 r ��--� k r n r ! a f �- 77 too I t , i r TZ E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Community Development: WASD Student Population and Community Programs Projects C� fIEN DLAN HO MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Comprehensive Associate Coordination Planner Date: January 10, 2023 Presenter: Marci Horner, West Ada School District and Miranda Carson Topic: Community Development: WASD Student Population and Community Programs Projects Marci Horner Planning and Development Administrator at West Ada School District (WASD) will be in attendance to present to Council on student population reporting data. In addition, I will be presenting on our city Community Programs project requests for the Integrated Five-Year Work Plan. These are transportation projects that focus on improving walking and pedestrian facilities in our area. My presentation will include how we identify needs in coordination with Parks,West Ada, and other stakeholders. I will also discuss how those projects are prioritized. After prioritization approval from Council projects are sent to ACHD for their ranking and programming process. The full list of Community Programs (and Roads and Intersections) projects will be before Council for discussion later in January. PAGE 1 E IDIAN:--- .�/AHu AGENDA ITEM ITEM TOPIC: Resolution 23-2365: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2365 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS/CITY STAFF MEMBERS TO SERVE AS INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES REPRESENTATIVES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council members/City staff members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian,the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House and Valley Regional Transit Board; and at the City Council meeting on January 10, 2023, City Council President Brad Hoaglun did make such appointments, as set forth in Exhibit A hereto; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Council members/City staff members appointed by City Council President Hoaglun to serve as liaisons to the respective interagency boards,committees and initiatives, as set forth in Exhibit hereto, shall fulfill the duties of such function on behalf of the City of Meridian Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 1 Oth day of January, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this loth day of January, 2023. APPROVED: ATTEST: Mayor Robert E. Simison By: Chris Johnson, City Clerk RESOLUTION EFFECTUATING INTERAGENCY BOARDS,COMMITTEES,AND INITIATIVES REPRESENTATIVES PAGE I OF 2 EXHIBIT A MERIDIAN CITY REPRESENTATIVES Interagency Boards, Primary Alternate(s) Committees and Initiatives ACEM Executive Council Mayor Simison John Overton, Council Member joverton@meridiancity.org Air Quality Board Mayor Simison Laurelei McVey, Public Works Director Imcvey@meridiancity.org Allumbaugh House Mayor Simison Tracy Basterrechea, Police Chief tbasterrechea@meridiancity.org COMPASS Mayor Simison Steve Siddoway, Parks &Rec Director Bill Nary, City Attorney ssiddoway@meridiancity.org bnary@meridiancity.org Bruce Freckleton, Community Charlie Rountree, Community Development Director Member bfreckleton@meridiancity.org Caleb Hood, Planner Manager chood@meridiancity.org COMPASS Executive Mayor Simison Bill Nary, City Attorney Board bnary@meridiancity.org Bruce Freckleton, Community Development Director bfreckleton@meridiancity.org EMS JPA Mayor Simison Joe Borton, Council Member jborton@meridiancity.org Meridian Development Brad Hoaglun, Council Member ------- Corporation bhoaglun@meridiancity.org Meridian Rural Fire Jessica Perreault, Council ------- Member jperreault@meridiancity.org Treasure Valley Partners Mayor Simison ------- Valley Ride Transit Todd Lavoie, CFO Miranda Carson, Comprehensive tlavoie@meridiancity.org Associate Coordination Planner mcarson@meridiancity.org Dave Tiede, CIO dtiede@meridiancity.org Valley Ride Transit Todd Lavoie, CFO Dave Tiede, CIO Executive Board tlavoie@meridiancity.org dtiede@meridiancity.org RESOLUTION EFFECTUATING INTERAGENCY BOARDS,COMMITTEES,AND INITIATIVES REPRESENTATIVES PAGE 2 OF 2 E IDIAN:--- .�/AHu AGENDA ITEM ITEM TOPIC: Resolution No. 23-2366: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2366 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to serve as liaison between Meridian City Council and each of the City departments, and at the City Council meeting on January 10, 2023, City Council President Brad Hoaglun did make such appointments; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Council members appointed by City Council President Hoaglun to serve as liaisons to the respective departments, as follows, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Liz Strader: Police Department Jessica Perreault: Fire Department John Overton: Parks &Recreation Department Brad Hoaglun: Finance Department Human Resources Department Information Technology Department Legal Department Joe Borton: Public Works Department Luke Cavener: Community Development Department Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 Oth day of January, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 Oth day of January, 2023. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk 2023 RESOLUTION APPOINTING CITY COUNCIL DEPARTMENT LIAISONS PAGE I OF I E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2008: An ordinance annexing the Northeast One Quarter of the Southwest One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 5.04 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) Zoning District; directing city staff to alter all applicable 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; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, repealing conflicting ordinances; and providing an effective date ADA COUNTY RECORDER Trent Tripple 2023-001828 BOISE IDAHO Pgs=4 LINDSAY WHEELER 01/11/2023 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2008 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (SLATESTONE SUBDIVISION — H-2022-0039) ANNEXING THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, NGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 5.04 ACRES OF SUCH REAL PROPERTY FROM RUT(RURAL URBAN TRANSITION)TO R-8(MEDIUM- DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIALNING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS INANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Charles Rauch and Maria Rauch to annex and rezone the land described in the legal description attached hereto as Exhibit "A" and the map attached hereto as Exhibit `B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, 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 City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 5.04 acres of the Subject Property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—SLATESTONE SUBDIVISION H-2022-0039 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this loth day of January, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this loth day of January, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 1 Oth day of January 2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson 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. Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—SLATESTONE SUBDIVISION H-2022-0039 Page 2 EXHIBIT A T O ENGINEERS Project No: 210791 Date: May 26, 2022 Page 1 of 1 CITY OF MERIDIAN ANNEXATION DESCRIPTION A parcel of land located in the NE1/4 of the SW1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap monument marking the South 1/4 corner of said Section 24, from which an aluminum cap monument marking the West 1/16 Corner between Sections 24 and 25 bears N.89°20'37"W.,a distance of 1320.23 feet; thence,along the east boundary of said SW1/4, A) N.00°51'27"E., 1326.49 feet to the Center South 1/16 Corner of said Section 24 and the POINT OF BEGINNING;thence, 1) N.89°22'47"W., 661.06 feet; thence, 2) N.00°48'06"E., 331.46 feet; thence, 3) S.89°25'29"E., 661.35 feet to the east boundary of said SW1/4; thence along said boundary, 4) S.00°51'03"W., 331.98 feet to the POINT OF BEGINNING. 7V CONTAINING: 5.035 acres, more or less. �E 13765 0 906 of ALA 1 332 N. Broadmore Way Tampa. ID 83687 P: 208.442.6300 to-engineers.com EXHIBIT B m EXHIBIT SKETCH - CITY OF MERIDIAN ANNEXATION } LOCATED IN A PORTION OF THE NE114 OF THE SW114,SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 CP&F INST. NO. 110049426 z C1/4 COR w SEC 24 4 C5 F5 0' 100, 200' 400' `-) cr U? Ir SCALE: 1"=200' U � cn � � W a O a L 2 O co NOTES __ _S89'25'29"E 661.35'- _- Z w Q z C 0 1. ALL BEARINGS SHOWN ARE IDAHO J STATE PLANE WEST ZONE (1103) 1 C o GRID BEARINGS. ALL DISTANCES ARE GROUND DISTANCES IN US W S1224314800 Q 2707 S.STODDARD RD 3+ SURVEY FEET. I O MERIDIAN,ID r7 001 5.035 Ac. o C cn F o 0 z 0 N CS1/16 N89'22'47"W 661.06'— —— COR �w5 EN POINT OF BEGINNING cn 13 6& �TF OF 0'M A��-�'y W N zd tf) ai O w O z Z W 1/16 24 BASIS OF BEARINGS q ____ N89'20'37"W 1320.23' 24 1/4 COR 25 VICTORY ROAD 25 COR CP&F INST. NO. CP&F INST. NO. 0 2019-115456 2019-115455 a w LEGEND -- ANNEXATION BOUNDARY z ----- SECTION LINE FE c 0 FOUND BRASS CAP MON. Q FOUND ALUMINUM CAP MON. "T-O ENGINEERS q O FOUND 5/8" REBAR 332 N. BROADMORE WAY NAMPA, IDAHO 83687 CALCULATED POINT PHONE:(208)442-6300 WWW.TO-ENGINEERS.COM E+7.F: 21C791441543drMrexAm.drg DATE:Y1Y11 JCI8:21C791 CERTIFICATION OF SUMMARY: j William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. i William L. M.Nary, ity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2008 An ordinance(Slatestone Subdivision H-2022-0039)annexing the Northeast Quarter of the Southwest Quarter of Section 24, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 5.04 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) Zoning District; directing city staff to alter all applicable 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; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—SLATESTONE SUBDIVISION H-2022-0039 Page 4