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HomeMy WebLinkAbout2023-02-14 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 14, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton 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 \[Action Item\] Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Anvil Subdivision Offsite Sanitary Sewer Easement No. 1 2. Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 3. Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 3 4. Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 4 5. S. Benchmark Avenue Crossing Sanitary Sewer and Water Main Easement No. 1 6. Ten Mile Storage Water Main Easement No. 1 7. Ten Mile Storage Water Main Easement No. 2 8. First Amendment to License and Indemnity Agreement with Lions Club of Meridian and Assignment of Agreement to Treasure Valley Lions Club 9. Resolution 23-2373: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Amending Standard Operating Policy Number 4.1 and Standard Operating Procedures Number 4.1 Concerning Holidays; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Public Hearing for Proposed 2023 Lakeview Golf Course Fee Schedule of the Meridian Parks and Recreation Department 11. Resolution 22-2367: A Resolution Adopting the 2023 Lakeview Golf Course Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 12. Community Development: Locust Grove and Amity Intersection Feedback Request ADJOURNMENT 5:06 pm Meridian City Council Work Session February 14, 2023. A Meeting of the Meridian City Council was called to order at 4:36 p.m., Tuesday, February 14, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault, Brad Hoaglun, Liz Strader and John Overton. Also present: Chris Johnson, Bill Nary, Brian McClure, Steve Siddoway, Jake Garro, Brian Caldwell, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is 4:36 on 2/14/23. We will open this City Council Work Session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move adoption of the agenda as published. Perreault: Mr. Mayor -- Strader- Second. Simison: Have a motion and a second to adopt agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: ALL AYES. CONSENT AGENDA [Action Item] 1. Anvil Subdivision Offsite Sanitary Sewer Easement No. 1 Meridian City Council Work Session February 14,2023 Page 2 of 13 2. Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 3. Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 3 4. Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 4 5. S. Benchmark Avenue Crossing Sanitary Sewer and Water Main Easement No. 1 6. Ten Mile Storage Water Main Easement No. 1 7. Ten Mile Storage Water Main Easement No. 2 8. First Amendment to License and Indemnity Agreement with Lions Club of Meridian and Assignment of Agreement to Treasure Valley Lions Club 9. Resolution 23-2373: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Amending Standard Operating Policy Number 4.1 and Standard Operating Procedures Number 4.1 Concerning Holidays; and Providing an Effective Date Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Perreault: Second. 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 has agreed to. MOTION CARRIED: ALL AYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. Meridian City Council Work Session February 14,2023 Page 3 of 13 DEPARTMENT / COMMISSION REPORTS [Action Item] 10. Public Hearing for Proposed 2023 Lakeview Golf Course Fee Schedule of the Meridian Parks and Recreation Department Simison: So, we will move on to Department/Commission Reports. First item up is Item 10, the public hearing for proposed 2023 Lakeview Golf Course fee schedule for the Meridian Parks and Recreation Department. We will open the public hearing with staff comments from Jake. Garro: Thank you, Mr. Mayor and Council Members. As directed I am back with a corrected version of fees for Lakeview Golf Course. These corrected version of fees were advertised on February 14th and 11th. A memo, along with a corrected version of the proposed fees and the current fee structure from Lakeview, was provided to you beforehand through the portal and given to you when you arrived today. I do have a couple clarifying Items. We did in the -- in the announcement for -- for the weekends -- the weekends are defined as Friday, Saturday and Sunday, and that only defines -- that only applies to the green fees. Okay? I know there was somebody out there that had some concerns that they had purchased a restricted pass. That does not have any affect on the passes. That restricted pass can still golf Monday through Friday at anytime and on the weekends and holidays anytime after noon. So -- and also one more other clarification on that. There are no new -- or there is no increase in the current annual pass fees at Lakeview Golf Course right now. There is no -- there is no increase on the annual pass -- on the annual golf pass fees. All right? We are only seeking the four percent increase on the greens fees and the implementation of a new non-resident golf pass fee. And with that I will stand for any questions. Simison: Thank you. Council, any questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Not a question. Just a comment. Thank you for revising it. Garro: You bet. Strader: I think it's much more straightforward and I appreciated the side-by-side comparison table as well. Garro: Okay. Simison: Council, any additional questions for staff? Okay. This is a public hearing. Mr. Clerk, do we have anybody signed up to provide testimony? Johnson: Mr. Mayor, we did not. Meridian City Council Work Session February 14,2023 Page 4 of 13 Simison: Okay. Is there anybody in the audience who would like to come forward and provide testimony on this item? Ralph, would you like to come provide testimony on this item? Okay. So, that's a no from Ralph. And we have no one online, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will move that we close the public hearing on Item 10. Perreault: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES. 11. Resolution 22-2367: A Resolution Adopting the 2023 Lakeview Golf Course Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Thank you. Next item up is Item 11, Resolution 22-2367. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Resolution 22-2367 adopting the 2023 Lakeview Golf Course fee schedule for the Meridian Parks and Recreation Department and authorizing the Meridian Parks and Recreation Department to collect such fees and providing an effective date. Cavener: Second. Simison: I have a motion and a second to approve Resolution 22-2367. 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 is agreed to. MOTION CARRIED: ALL AYES. Meridian City Council Work Session February 14,2023 Page 5 of 13 12. Community Development: Locust Grove and Amity Intersection Feedback Request Simison: Thank you, gentlemen, for all being here this evening. So, with that we will move on to Item 12, which is our Community Development on Locust Grove and Amity intersection feedback. Mr. McClure. McClure: Thank you, Mayor, Members of Council. I'm going to be fairly comprehensive here. Apologies in advance. The Locust Grove and Amity project started off as an interim signal. Cost escalated quickly, however, with right-of-way drainage and cell tower issues and the interim project was shelved. The project came back as an ultimate project several months later. Traffic analysis was done to identify what configurations could work. This included a multi-lane roundabout, i.e., different number of lanes in different directions. An example would be over by Scentsy on Pine and Webb, a dual lane roundabout, possibly phased, and a signalized intersection. The multi-lane roundabout failed in certain movements in the long range regional transportation model. The dual lane had the best performance and the signal worked, but with lessened efficiency. This is a bit of a sideways comment, but I think it's important. While an essential tool for regional modeling, I will note that the transportation model is often wrong when using it to examine specific and more nuanced intersection improvements and movements. The model is constrained by planning level numbers that have an artificial population cap and tendency to consider not just market delivery, but what communities want. When they -- when the traffic analysis was done at Eagle and Amity, for example, for the widening, one of the moving directions had already exceeded forecast numbers for 2040 from the previous analysis. That was before 2020. The dual lane roundabout resulted in the best performance and had a phased approach that avoided failure in the future modeled traffic conditions. The project team selected the phase dual lane roundabout. Staff was also told to -- a sidewalk would be part of the project after raising concern over the lack of pavement for nonmotorized users on Amity. This design would have also accommodated the future widening of Locust Grove to the north. However, after on-site analysis previous concerns with the interim project were confirmed with irrigation and drainage, right of way and a cell tower location the project went on pause to figure out the physical constraints. New project managers plural also came on board and staff fell out of the communication loop during this time. When we were brought back several months later we were informed that the multi-lane roundabout was re-decided primarily due to cost. This configuration has failing segments in the transportation model and which is often underrepresented. These next two points are not meant as I told you so -- not to you, but to ACHD. But their context for the request. The cell tower limiting project design options was opposed by the city in part due to its impact on future intersection improvements. City staff were told after by county planning staff that they would have opposed it if ACHD had held the line. Initially ACHD had said no, but pivoted and said the intersection work would be -- with the tower as proposed could work. If the tower had been placed further from the intersection one of the major constraints there would not exist. The second is that the original Amity and Eagle roundabout was not designed thoroughly. It was supposed to be expandable to dual lane from single, but because, in part, approach angles and Meridian City Council Work Session February 14,2023 Page 6 of 13 speeds were not fully considered, the entire existing intersection had to be torn up and shifted so that speed and safety could be managed. This impacted several major projects that had been entitled with the original expansion designs as -- as ACHD had originally approved. City staff wanted to see this done right, not just for right now, but for the life of the project. We would rather take things slow and thoroughly. This project was ranked by the city as 49 this year and 51 in 2021 . When the project does move forward we also want to see adequate facilities provided to the school. This section of Amity is not in the integrated five year work plan. If we don't approve sidewalk access with this project it may be a long time coming. We have new subdivisions in very close proximity of the project and many existing to the north. Staff also wants to see Locust Grove adequately planned for. There is a great deal of growth happening in Kuna to the south and the single largest commuter census block destination for Kuna workforce is not in Boise, but in Meridian. This is the area around Scentsy, Blue Cross, St. Luke's and the industrial areas east of Meridian Road. There is no reason for this traffic to be congesting interchanges if Locust Grove could better accommodate it. This, again, is largely related to artificial constraints, not realistic. ACHD's capital improvement program has to -- has to have funding identified for a project to be included. City staff would much rather see this section of Locust Grove serving expansive areas of Kuna to the south -- be five lanes than between Fairview and Ustick, which effectively ends at Chinden., There is more than 60 homes that would be adversely impacted by widening from three to five in that area. As a resident in this area I say expansion is more -- is warranted, not because I want to make my left turn out harder, it's because Kuna traffic funneling through Meridian corridors can be better planned for. It's because there are no planned improvements to Meridian Road and -- or the four Lane Eagle Road interchange bridge. It's better to plan for alternatives than to either simply be overwhelmed or to hope that the state will make other and timely improvements in the future. In summary, staff would recommend the City Council to, one, advocate for an intersection design that preserves for five lanes to the north, for facilities that better serve Mary McPherson Elementary School and for a project that takes the time needed to do it right, do it once unless, effectively phased, and which considers the long-term benefit. Staff is not advocating for a specific intersection type, roundabout or signalized. There is now three existing roundabouts adjacent and they typically work better together. Someone needs to do additional math to consider what is actually best and not just perceived. However, redoing the math to look at both regional and local benefit may be another good request. With that I can bring up the letter that was submitted. I can pull open some examples and -- and stand for questions. I will -- I will also note that we are looking for your feedback. So, if you want to send a letter, if you don't want to send a letter, if you have specific requests or want us to pull certain ideas -- thank you. Simison: Thank you, Brian. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session February 14,2023 Page 7 of 13 Cavener: Thanks, Brian. Appreciate the letter. Appreciate -- I didn't think that this was that -- I mean it was very thorough, but you made it sound like this would be a much lengthier process. I appreciate kind of the condensed version and your work on this. I -- I have a few questions, but I want to start with -- you touched on, again, what I think is important for this Council, future Councils to consider, is the planning that we are going to have to do essentially to accommodate Kuna's traffic and I'm curious -- has there been any communication or collaboration with the city of Kuna about this letter, about future collaboration on roadway projects? I guess where -- where is the city of Kuna in this conversation? McClure: Mr. Mayor, Councilman Cavener, there has not been any discussion with Kuna. This issue was raised very recently with somewhat concerns, so it may be a positive thing to do, but we have not had time to do that before talking to you first. Cavener: Okay. And, then, Mr. Mayor, a follow up if I may. Simison: Councilman Cavener. Cavener: Brian, can you maybe give Council a little bit more direction about what you are looking for from us tonight? I mean you have got a draft letter before us. I have some thoughts on that. We have got I think a joint meeting with the highway district coming up. Is -- is this being proposed as a -- as a topic for that agenda? Is it send a letter and, then, have staff or the Mayor follow up with -- with folks at ACHD? I mean what specifically are you looking for direction from Council tonight? McClure: Mr. Mayor, Councilman Cavener, so staff has already provided our -- our suggestions to ACHD less formally. We don't expect those will be -- well, we think they will appreciate that we don't necessarily think they will act on them because of decisions that have already been made fairly firmly related to cost. So, since there was some concern in recent conversation about schools in particular, we thought we should send a stronger request from someone at the city or council, indicating a desire to look this over a little bit more and not just to rush headlong. The -- the request to Council is if you want to be part of that request, if you have any specific concerns, issues, or if -- or if you, frankly, disagree, that would all be very helpful. Cavener: Okay. Simison: And, Councilman Cavener, if I could add, this was brought -- Brian and Caleb brought this to my attention recently and I recommended coming to Council. Brian and I are both not fans of roundabouts, but you don't see a request in here for a roundabout conversation. So, we were trying to balance my viewpoints and his viewpoints with the viewpoints of the city in this dialogue about what -- what -- what may be appropriate or not in comments to ACHD. It's not being proposed for a joint meeting topic at this time and, you know, I think that there is not consensus even on ACHD from what I understand about this specific intersection improvement plan moving forward. So, think if there is a desire of this Council to weigh in, I think there is an open and willing -- Meridian City Council Work Session February 14,2023 Page 8 of 13 at least a few Commissioners who would really appreciate the city's viewpoint on how this should be built for what purpose, Cavener: Okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, I was trying to connect the dots in preparation of how this all came to be and -- and reading through the letter. It's my understanding that the letter that was attached to the agenda is a response from one of our ACHD commissioners to a letter that was already sent or is this -- this is your draft letter? Simison: This is a staff draft. Perreault: Okay. Simison: It doesn't reflect my comments at this point in time. It's really just -- you use it more as a dialogue piece than anything else -- Perreault: Okay. Simison: -- for what staff would like to communicate. Perreault: Okay. McClure: Mr. Mayor? Simison: Mr. McClure. McClure: Council -- Council Woman Perreault, I could do a better job of perhaps explaining the -- the point at the time -- the point of time which you find yourself now. So, ACHD has completed their 50 percent design review for this project and they are now out for public comments right now. So, this is an opportunity for sort of the city to provide its comment as part of that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Did I understand you correctly in your presentation that while they are going through a couple of phases of -- of public comment period that you are not in the -- of the anticipation it's going to change their design much? That's kind of what it sounds like. Meridian City Council Work Session February 14,2023 Page 9 of 13 McClure: Mr. Mayor, Council Woman Perreault, there are some significant physical constraints in this area and ACHD has spent a considerable amount of time trying to address them as they feel is best and I -- I don't suspect much is going to change without some significant push. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, with those design constraints, have they looked at an alternative solution? Are they -- is there a reason why they are choosing to go with a roundabout, which I assume takes up quite a bit more space than -- than widening the current lanes and keeping a signalized intersection? If I understand correctly there is going to be a roundabout -- or there is one being constructed at Locust Grove and Victory now. There is one at Lake Hazel and -- and Locust Grove. So, this would be the third one in two miles. Can you give us some background on the conversation they have had about keeping it signalized? McClure: Mr. Mayor, Council Woman Perreault, yeah. So, when this project was re- kicked off -- so, initially they did it -- they were looking at doing an interim signalized intersection until they did the -- the full construction. That quickly became apparent that an interim signal was going to be excessively expensive and they should, if anything, do the ultimate. So, they put that on pause. We expected that to be on pause for years, but, actually, it very quickly advance for some reason. They started off by doing an intersection traffic analysis. That analysis looked at three, I believe, key configurations. One was a multi-lane roundabout. One was a dual lane roundabout. So, two lanes in all directions versus two lanes in only some directions. And, then, an intersection. I think it was six by four lanes. The multi-lane roundabout performed the worst. The -- the dual lane roundabout performing the best the longest and the intersection did not have any failings, but did not have the efficiency that the dual lane roundabout had. Six Mile Engineering did their analysis. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just want to make sure I understand. So, it sounds like -- because there is a lot in the letter. So, I would suggest like maybe recapping the request from us with some bullet points at the end. But it sounds like our requests are -- we want them to hit pause and consider a redesign. It sounds like we believe that the pedestrian connectivity to Mary McPherson is inadequate. And it sounds like we want them to update the master street map. Am I missing anything else, Brian? McClure: Mr. Mayor, Council Woman Strader, that summarize is accurate. Thank you. Strader: Mr. Mayor? Meridian City Council Work Session February 14,2023 Page 10 of 13 Simison: Council Woman Strader. Strader: Okay. So, my opinion would be -- it makes sense to send the letter. I don't think there is any downside from sending the letter. If it's effective or not we don't know yet until we try. I think the piece about the cell tower -- I'm not sure how that fits into this letter. I didn't see that referenced in the letter. It sounds like that's the main design constraint. Is that true? McClure: That is one of the main design constraints, yes. Strader: Okay. It's up to you if you think it helps provide more context to add it or not and you guys can talk about it. But, no, I don't think it hurts at all to communicate. I mean there is a good rationale I think for getting it right, instead of, you know, rushing something through that doesn't ultimately give us what we want. I -- I would be happy to sign this letter. I wouldn't have any issue doing so. I think it might need a little bit of tweaking, but I like the suggestion of trying to get Kuna on board, too. It just sounds like it's time sensitive. So, you know, if we can that -- that couldn't hurt to try to do that, too. But I mean with any kind of project I think it's better for us to -- to get the right long-term solution, than something that's just not going to -- not going to work for the long haul. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Brian, is the -- what -- is the cell tower the major physical consideration or also is it housing that has to be removed if they go to a roundabout? McClure: Mr. Mayor, Councilman Hoaglun, that's a good question. I'm not sure. The cell tower is very close. What's closer, though, is the -- the box next to it. I'm not sure -- I'm not sure if it's all of the cell tower equipment or if it's just that or what portion of that could be possibly relocated. I do know that ACHD has a hard pass on -- on even touching the cell facility though. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Brian, so would -- would a straight intersection, as opposed to a roundabout, solve that problem? McClure: I don't believe so. I think -- I think the issue -- the biggest issue is that what ACHD wants here has changed over time and also what the city wants has changed over time. New standards for moving away from bike lanes to the multi-pathways, for example, has sort of increased the footprint. I do know that ACHD's original letter to Ada county they -- they first saw a -- which said they didn't -- which said they -- which recommended to ACHD -- sorry. In ACHD's original letter to Ada county, Ada county Meridian City Council Work Session February 14,2023 Page 11 of 13 staff -- ACHD staff -- sorry -- indicated to Ada county staff that they should not approve the cell tower as proposed, because it was within the footprint of the roundabout. That was on that particular day the preferred intersection facility, because it was shown on the master street map. The next day they sent a revised letter that instead described a signalized intersection and did not have issues with the cell tower location, because it did fit at that time. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We will have to deal with this conundrum now, but I agree with Council Woman Strader, you know, we -- we need to plan for the future and get the best part -- whether it's a regular intersection or a two lane roundabout -- I mean going too small just creates problems in the future and, yeah, we may not have to deal with it or hear about it, because we may not be up here any -- any longer, but that's not what we are here for. We are -- we are trying to look ahead, as all entities should be, whether they are Ada county, ACHD, or the City Council and make sure things work for the future. So, it's -- it's a little discouraging when all the parties aren't on the same page on something like this and now we have to figure out what the heck do we do. But I think -- I can -- I can sign this letter, move -- move forward with as much as they can get for for that location to make it work and as safe as it can be. So, what that ultimately looks like I -- I'm not sure now with the constraints that we point out and -- and the cost that will be involved. But let's go for as much as we can get. McClure: So, one thing I would like to add to the letter -- you know, this kind of came up when we had our joint meeting with ACHD and we talked about the improvements to Eagle Road. But I -- I think that we need to have ACHD come present to Council at some point in time when every project is at a point in time where getting Council feedback directly to ACHD would be warranted, whether that's to their staff, you know, the staff project manager or others, so whether that's at the kickoff, whether that's at 25 percent design or something else, but that -- that was one of the outcomes I know we have talked about at that meeting and we -- we just need to try to find a way. So, if we can integrate that into this letter, but I think that's an important step is getting them to come talk about -- especially road widening, road -- you know, I don't know that we need every community program, but road projects which definitely have a larger impact should be here, so that we can provide feedback directly. McClure: Mr. Mayor? Do you -- Simison: Mr. McClure. McClure: I don't know that we have -- I don't know what conversations have had -- been had there in the past, other than what you just said. Do you want us to try just provoking that question while we are having these early meetings with -- with their staff directly or -- or do you want it to just go in the letter? Meridian City Council Work Session February 14,2023 Page 12 of 13 Simison: I think it will go in the letter and may even be a topic that comes up at the joint meeting on the side of some sort. It won't be a formal action item, but it can be a request. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much, Brian, for giving us the background. I always want to know exactly what I -- what it is I'm -- I'm agreeing to, of course, when I sign. The only other recommendation I would make is, obviously, some tweaking -- some more clarification is to add an exhibit that -- that shows exactly what you are describing, because I think in the letter you mentioned that there is concern about not having an additional southbound lane on the north side of the intersection; is that right? And that -- so, I would -- I would include an exhibit that shows exactly what it is the concern is that you think should be modified and is -- is -- are you or is staff wanting to make a statement or an opinion on which of the three that ACHD is taking under consideration or are they -- have they already made that decision -- they are moving forward with the -- with the -- the dual lane and they are just asking for comments on the dual lane? McClure: Trying to think this through. The new ACHD project manager has described the situation where there has been a fairly strong indication as to what staff has been directed to do and I mean the project team staff. There are to move forward with the multi-use -- multi-lane roundabout, instead of a dual lane roundabout, which is what the original traffic analysis report indicated and what the project team last year had also decided to move forward with. He -- he is new'ish. He used to be at ACHD. He was not full of -- not sure of some of the original context for why in the -- someone decided or some group decided to move the -- the previous decision back to multi-lane, despite some of the faults, but he seemed to think it was fairly -- said enough. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: And if I understood your earlier description correctly, that was -- that was the design that performed the worst in the modeling. McClure: Mr. Mayor, Council Woman Perreault, yes, and I don't want to misconstrue that too much. So, not all of the movements failed in the multi-lane roundabout. One or several of them did. My point is on previous traffic analysis projects that were compared to projected future growth, were significantly wrong as in they undercounted a lot of trips that were likely to be there and were there much earlier than the original horizon year. So, other intersections have been very wrong in the sense that traffic came a lot sooner than planned. Simison: Council, any additional questions or comments at this time? Meridian City Council Work Session February 14,2023 Page 13 of 13 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I know there is some questions about paragraphs to include in the letter. You know, Brian, I will leave that to you, kind of what you think is best. I -- I would support, though, this piece in that -- I think that first paragraph that's highlighted about Kuna and, Mayor, I think maybe with your permission we may want to send a copy of this to Mayor Stear as well. I just think that as a city south Meridian and north Kuna are going to become synonymous at one point and we want to make sure that we are establishing good collaborative efforts sooner rather than later. And, then, I'm sure the smarter brains, other than my own, when they proof the letter will -- will see this, but as much as I love talking about Locust Grove and Victory, I think we probably want to change that to Locust Grove and Amity as the subject line for the letter. So, maybe just a quick change on that. But other than that I appreciate your guys' efforts to get this in front of us quickly and get it to ACHD as soon as possible as well. Simison: Okay. All right. Then, Brian, you got your direction and take that back and we can work with Dave and others and reach out to Kuna and we will follow up offline. McClure: Thank you, Mayor, and thank you, Council. Simison: Okay. All right. Council, we have reached the end of our agenda. Do I have a motion? Hoaglun: Move to adjourn, Mr. Mayor. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-28-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 2-28-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Anvil Subdivision Offsite Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Trent Tripple 2023-009250 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/15/2023 08:11 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0019 Anvil Subdivision Offsite Sanitary Sewer Easement No. 1 SANITARY SEWER EASEMENT 14th Februar 23 THIS Easement Agreement, made this. day of Y 20 between f "Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee") WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHE EA:S, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and E) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all tines. TO HAVE AND TO I-BOLL), the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND .AGREED, by and between the parties hereto,that after snaking repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacentproperty to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that:Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for: this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CYNTHIA ROSS e'- - / C Yv STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on / _ (date) b ea (name of individual), [complete the following if signing in a representata e capacity, or strike the following if signing in an indivi&ial capacity] on behalf of (naive of entity on behalf of whom record was executed), in the following representative capacity: pykrVt� (type of authority such as officer or trustee) (stamp) •.•••""""'T4, Nd-tZy Signature ,••.••G� tE•LA�►'� . My C-ommission Expires:_ 3-w;�[0------ _ ;'110TAR Y'•. ��; 0-pUBL1G w: a .o �. ,�'�,tP• �No.24,L�r••�O•••. .,���gTE,OF�19.•°• Sanitary Sewer Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-14-2023 Attest by Chris Johnson, City Clerk 2-14-2023 STATE OF IDAHO, } ss. County of Ada ) This record was acicmowledged before nee on 2-14-2023 (date) by Robert E. Siinison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer Easement REV. 01/01/2020 Sawtooth land Surveying, LLC P: (208) 398-8 104 F: (208) 398-8105 2030 5. Wa5hin6jton Ave., Emmett, 11) 8361 7 Exhibit A Sewer Easement BASIS OF BEARINGS is S. 01100'47"W. between a found aluminum cap marking the 1/4 corner of sections 28 and 29 and a found brass cap marking the southeast corner of section 29,T. 4 N., R. 1 W" B.M., Ada County, Idaho. A 20-foot-wide easement located in the NE1/4 of the SE1/4 of Section 29,T. 4 N., R. 1 W., Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking the 1/4 corner common to Sections 28 and 29; Thence S. 67051'08"W., 357.39 feet to beginning of a non-tangent curve to the left and the POINT OF BEGINNING; Thence 173,74 feet along the arc of said curve with a radius of 10155.00 feet, a delta angle of 005849", subtended by a chord bearing S. 01130'05"W., 173.74 feet; Thence S. 01100'41"W., 205.60 feet; Thence N, 891122'11"W., 20.00 feet; Thence N. 0100041" E., 201.16 feet to the beginning of a tangent curve to the right; Thence 178.32 feet along the arc of said curve with a radius of 10175.00 feet, a delta angle of 1000'15", subtended by a chord bearing N. 01129'16"E., 178.32 feet; Thence S. 88059'08" E., 20.00 feet to the POINT OF BEGINNING. Said easement contains 7,588 sq. feet 0.174 acres more or less. V . P:1202211 EMT\122099-ANVIL PARCELS SURVEY1Survey\Drawings\Descriptions\122099 SEWER e EASEMENT.docx CE1116 CORNER 114 CORNER PLS 6901 S 69022'35"E 1325,03' PLS 3627 z ' 28 t 20.OW f E 1 S 88°59`08'E E -AK \ POINT of,BEGINNING I I 7,568 SQ.£t/0.174 ACRES I k I I I I E ! 4 4 I ° I � I N N i � I 4 ! !a +mot I S F N 89022'11+r W 2CJ_00' ! A+ CURVE TABLES C!/RVE RADIUS ARC LENGTH E CHOR1 LENGTH.CHORD B RING *Dfi.TA A GC_E ZI C1 10155.00' 173.74' 173.74' S L�1°30'OS"W ., 0°58'49'' C2 10175.00' 178.32'- _3 178.32 N 01°29`26"t 1°00'1S" i J f� McMILLAN RD 29 ; 28 32 33 t-y PLS 8575 r OF NTS PROJECT; OWNa RIDEVELOPER; 2ti'5FWEf� EASEMENT2U3U S. WRSH.�IVGTC)N AVE. 122a9e-Ex CONGER EMMETT, ID 63617 _ NE 1/4 OF THE SE.I/4, SEC. 29 Exhibit B P: 208)398-8104 PRO)ECr# 'f F.' �208)398-8105 122099 T, 4 1V., R 1 W. B,M, j !�/ jri�{!_f %l� I SHEET 4 i}A COUNTYnr : 1 JZ6/1023 "—L �rorvCYlrkl,LLG IA11AAAI fiA EAT rnnT6-N z t 71m 1 L?F 1 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Trent Tripple 2023-009252 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/15/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0023 Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. I ARY SEWEH AN IN EA5EN T THIS Easement Agreement, made this day of February 20 23 between SCS Investments LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement,and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company �A kl, / Michael A.Hall,President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on I-30—a3 (date) by Michael A.Hall (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of SCS investments LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) 9M DONNA WIL ' COMMISSION NOTARY PUBLIC STATE OF IDAHO Notary Signature a + ++- My Commission Expires: 2S Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-14-2023 Attest by Chris Johnson,City Clerk 2-14-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-14-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G January 19,2023 Apex Northwest Subdivision No.3 Project No.22-054 Legal Description City of Meridian Water and Sewer Easement Exhibit A A parcel of land for a city of Meridian water and sewer easement situated in a portion of the Southwest 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center-South 1/16 corner of Section 31,which bears N00°16'52"E a distance of 1,342.44 feet from a 5/8-inch rebar markingthe South 1/4 corner of said Section 31, thence following the northerly line of said Southwest 1/4 of the Southeast 1/4,S89°52'08"E a distance of 703.20 feet; Thence leaving said southerly line, S00°07'52"W a distance of 94.44 feet to the southerly right-of-way line of proposed E.Crescendo St.and being the POINT OF BEGINNING. Thence following said proposed southerly right-of-way line,S89°42'21"E a distance of 20.00 feet; Thence leaving said proposed southerly right-of-way line,S00°15'16"W a distance of 240.00 feet to the northerly right-of-way line of proposed E.Escalation St.; Thence following said proposed northerly right-of-way line, N89°42'21"W a distance of 20.00 feet; Thence leaving said proposed northerly right-of-way line,N00°15'16"E a distance of 240.00 feet to the POINT OF BEGINNING. Said description contains a total of 4,800 square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. O�1't 5ti �LST s a w 12459 0 ra OF L. BAy�'A [• 19 . 2025 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939• kmengllp.com CAKM ENGINEERING\KM GENERAL-DOCUMENTS\REMOTE WORK\PROJECT\22-054\CAD\SURVEY\EXHIBITS\230106 CITY OF MERIDIAN SEWER EASEMENT EXHIBIT 22-054.DWG,TREY ZIMMERMAN,1/6/2023, -q O n C � Z C7 (A -Ti O r m �\ �Z O !b 0) O Z Z U) (II O m r m �00 " N N > z Z_� z C") ro D - �m9 N D Ln D 9lf 1-6 Co f a) o m 0 co � _CZD a m f O N z -P` Z (bm O O z C,i c�0 W °° m o o n M BASIS OF BEARING N00'16'52"E 1342.44'— Ln O o O - o � N o c Nz c I� < w m a F, <n o nl c r rr+ ( rrt+ N C L O z W SZ CD f O ��„ �- fN ZZ Z fco f1 20 (n 0-I N O Co N00'15'16"E 240.00' S00'07'52'V �• ------------------------ •r � 94.44' (TIE) •0) N —————————— —— ———————— 0 S00'15'16'V 240.00' 00) m m N L f Ol N L D N z C7 a m O F, m fs X v v, -. z o n to r+ 7 O rD .I 00 w m m .A z Z sz [D O 0 r O N W CL I- I rn EXHIBIT B v Z = D City of Meridian Water and Sewer Easement ooy� m y .. 3=m°- Apex Northwest Subdivision No. 3 _z Z o O m 0 g rn T rn 3 Situated in a portion of the Southwest 1/4 of the Southeast 1/4, lW0 W� z o o Section 31, T3N, R1E, B.M., City of Meridian, Ada County, Idaho 0 N W E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 3 ADA COUNTY RECORDER Trent Tripple 2023-009251 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/15/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0025 Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 3 5AW THIS Easement Agreement, made this day of February 20 23 between Brighton Development Inc.and SCS Holdings LLC("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or perfon-ning other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: BRIGHTON DEVELOPMENT INC., an Idaho corporation y ll o han . Wardle, President STATE OF IDAHO ) ss County of Ada ) On this _3� day of January, in the year of 2023, before me a Notary Public of said State, personally appeared Jonathan D. Wardle, known or identified to me to be the President of Brighton Development Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARI VAUGHAN Notary Public for Id Notary Public-State of Idaho My Commission expires Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTOR: SCS HOLDINGS, LLC an Idaho limited liability company By:Illjlql t 4'W Michael A. Hall, President STATE OF IDAHO ) ss County of Ada ) On this_. (� day of January, in the year of 2023, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Holdings, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON Notary Public for Idaho COMMISSION#67674 My Commission expires d NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-14-2023 Attest by Chris Johnson, City Clerk 2-14-2023 STATE OF IDAHO, ) . ss. County of Ada ) 2-14-2023 This record was acknowledged before me on _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G January 19,2023 Apex Northwest Subdivision No.3 Project No.22-054 Legal Description City of Meridian Water and Sewer Easement Exhibit A A parcel of land for a city of Meridian water and sewer easement situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center-South 1/16 cornerof Section 31,which bears N00°16'52"E a distance of 1,342.44 feet from a 5/8-inch rebar marking the South 1/4 corner of said Section 31, thence following the southerly line of said Northwest 1/4 of the Southeast 1/4,S89°52'08"E a distance of 703.71 feet; Thence leaving said southerly line, N00°07'52"E a distance of 90.56 feet to the northerly boundaryof proposed Apex Northwest Subdivision No.3 and being the POINT OF BEGINNING. Thence leaving said proposed northerly boundary, N00°17'39"E a distance of 30.00 feet; Thence S89°42'21"E a distance of 37.00 feet; Thence S00°17'39"W a distance of 30.00 feet to said proposed northerly boundary; Thence following said proposed northerly boundary, N89°42'21"W a distance of 37.00 feet to the POINT OF BEGINNING. Said description contains a total of 1,110 square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. OPAL QIST a 1� 2459 0 a _%_ OF l 4 L. BAy�'� o �cd •-V-)TV� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639,6939 • I<meng►Ip.com C:\KM ENGINEERING\KM GENERAL.DOCUMENTS\REMOTE WORK\PRDIECT\22-054kCAMRVEY\EXHIB17s1230104 CITY OF MERIDIAN WATER&SEWER EXHIBIT 22AS4.DWG,TREY ZIMMERMAN,1/6/2023, -q O C 0 Z Ln �l \03 Z O 0 . ' 01 O Z Ln O•m 0\O A D 03 -q M- moo ;0M0 tiara mom 'C U'I v O Z � z (D K n CO M In BASIS OF BEARING fD N0016'52"E 1342.44' It O — — — 11 Ln F' 0ILn 0 0 N Gl r Z m 0N Z (DD O 00 O m C O N L"I PS W Z m CA oO cD cD 0 D J r+ K : M rTi fD cn O a:) v cF''i o w 0 0 0 0 � (DI �O vET m O 1" 3 O ID m m N00'07'52"E /L1 [� f7 ��� 90.56' (TIE) -� fD N In O I N Q S. Culmination Way 0 L3 � I C L D cD 0- DO X D rT cD :5. z O fD O) t^. 0 -0 0- 0 O 0 S (D O (D to W I EXHIBIT B m In Z m 2 m City of Meridian Water and Sewer Easement oo z0 —mi ZED- �.. Apex Northwest Subdivision No. 3 =o=Z O o m0nm Tl ^o W W o m 3 A Situated in a portion of the Northwest 1/4 of the Southeast 1/4, W D z o s Section 31, T3N, R1E, S.M., City of Meridian, Ada County, Idaho l/� N > W E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 4 ADA COUNTY RECORDER Trent Tripple 2023-009253 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/15/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0026 Apex Northwest Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 4 ARY EWEAN L 11''A E 11.1i HAINLIUMEM THIS Easement Agreement, made thisl4th day of February 2023 between DWT Investments LLC and SCS Investments LLC ("Grantor") and the City of Meridian,an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXFHBITS A and 13) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS Investments, LLC an Idaho limited liability company By: 14A Z&Z ,11X Michael A. Hall, President STATE OF IDAHO ) ss County of Ada ) On this 2)Q day of January, in the year of 2023, before me a Notary Public of said State,personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. otary Public for Idaho DONNA WILSON My Commission expires COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO GRANTOR: DWT Investments, LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) ss County of Ada ) On this day of January, in the year of 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o" Notary Public for Idaho SHARIVAUGHAN Notary Public-State of Idaho My Commission expires r 'a a Commission Number 20 881002 My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-14-2023 Attest by Chris Johnson, City Clerk 2-14-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-14-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G January 19,2023 Apex Northwest Subdivision No.3 Project No.22-054 Legal Description City of Meridian Water and Sewer Easement Exhibit A A parcel of land for a city of Meridian water and sewer easement situated in a portion of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 31, Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center-South 1/16 corner of Section 31,which bears N00°16'52"E a distance of 1,342.44 feet from a 5/8-inch rebar marking the South 1/4 corner of said Sectio n 31, thence following the northerly line of said Southwest 1/4 of the Southeast 1/4,S89°52'08"E a distance of 701.62 feet; Thence leaving said southerly line,S00°07'52"W a distance of 714.44 feet to the southerly boundary of proposed Apex Northwest Subdivision No.3 and being the POINT OF BEGINNING. Thence following said proposed southerly boundary,S89°42'21"E a distance of 40.00 feet; Thence leaving said proposed southerly boundary,S00°17'39"W a distance of 30.00 feet; Thence N89°42'21"W a distance of40.00 feet; Thence N00°17'39"E a distance of 30.00 feet to the POINT OF BEGINNING. Said description contains a total of 1,200 square feet, more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 5 �Gt ST 4 � a ,, 12459 a w 4 �q�oN 0 B L A1tiA 1 . ,-1. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com P:\22.054\CAD\SURVEY\EXHIBITS\22-054 MERIDIAN WATER AND SEWER EASEMENT DWi.DWG,AARON BALLARD,1/19/2023,ESTUD10907.PC3,---- TI O 0 C Z 0 (n -l (Al O r r r j r -.� \cam Z O m �� 0) 0Z --I Z Z M W n n Ln 0 M O OD o M C) 0 O O cD W r M D Z ao 0 M 70 .Zml mI tW0 �tj L4 N G) D N D N D K fTl `z rTl 07 n CD 0 Zl Z r m --q --j 0 Z O PM Ln DO O O O L4 Co W CO Z OOOD O Z m J BASIS OF BEARING N00'16'52"E 1342.44'_ C Ln N � W < h Ln rr I 0 0 Q W a C)o -jIU) O zz0 OD N n zo C" cn G�TI N N O M L4 S00'07'52"W m 714.44' (TIE) M _ N CAI r co any uoijeuiwIn:) •S o o n L2 !� M Z/1 D I n Cr Ln ° x -0 I 0lLn o C M c o - O LA. 0 O 3 O 0p O rD rD r+ rD DJ 0 CD N Q U'I c u rt h N O EXHIBIT B " Z = ° City of Meridian Water and Sewer Easement ti oa= .. 3 M E° Apex Northwest Subdivision No. 3 -a=z =W52M O TI S ° p m s A Situated in a portion of the S 1/2 of the SW 1/4 of the SE 1/4, z o o Section 31, T3N, R1E, B.M., City of Meridian, Ada County, Idaho E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: S. Benchmark Avenue Crossing Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Trent Tripple 2023-009254 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/15/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0002 S. Benchmark Ave. Crossing Sanitary Sewer and Water Main Easement No. I 5ANSANITARYEWE AND KI&I wilm LAQLE&%U1= THIS Easement Agreement, made this"th day ofJ&bn1= 2023 between SCS Brighton, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS BRIGHTON LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager B : Robert L. Phillips, President STATE OF IDAHO } ss. County of Ada ) On this, day of_ in the year of 2023, before me a Notary Public of said State, personally appearetpobert UPhillips, known or identified to me to be the President of Brighton Corporation, the Manager of SCS Brighton LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. w� SHARI VAUGHAN Notary Public for Idaho II -1 / Notary Public-State of Idaho My Commission expires l0 "� d-D Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-14-2023 Attest by Chris Johnson,City Clerk 2-14-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-14-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G January 3,2023 Project No.21-216 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian water and sewer easement situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14; Thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 268.68 feet; Thence leaving said northerly line,S00°46'48"W a distance of 876.88 feet to the northerly line of a parcel as described in Warranty Deed per Instrument No.2022-096315, records of Ada County, Idaho,and being the POINT OF BEGINNING. Thence following said northerly parcel line,S85°08'26"E a distance of 47.75 feet; Thence leaving said northerly parcel line,SO4°51'34"W a distance of 26.00 feet; Thence N85°08'26"W a distance of47.75 feet; Thence N04°51'34"E a distance of 26.00 feet to the POINT OF BEGINNING. Said parcel contains 1,242 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. c� a ,, 12459Va 0 9 �' OF SON L. Bi�j'�'A o -& a 202$ 5725 North Discovery Way • Boise, Idaho 83713 a 208.639.6939 kmengllp.com POINT OF COMMENCEMENT N 1/4 CORNER SECTION 14 NE CORNER SECTION 14 11 /.-FOUND ALUMINUM CAP BASIS OF BEARING FOUND ALUMINUM CAM 12 _ N89'13'12"W 2657.79' 14� 268.68 — — 2389. ' 14 13 I I Unplatted I L I E I � U I a, I Co Frontline I "' Subdivision I I 1 I I PROPOSED BRIDGE AND 3 I I S. BENCHMARK WAY 0o I RIGHT—OF—WAY EXTENSION a � Z CO RICO s I Ten Mile Drain M ca W I POINT OF BEGINNING --1� S85'08'26"E r 47.75' N04'51'34"EMI I a 26,00' I _ 47`75' I�SO4'51'34"W SCS Brighton, LLC _ 26.00' N85-08'26"W p Un tatted o S1214121135 z E LEGEND ® FOUND ALUMINUM CAP 3 CALCULATED POINT z — — SECTION LINE a PROPOSED RIGHT—OF—WAY 3 ADJACENT BOUNDARY LINE —— ————— — EASEMENT LINE 1CM0 40 80 120 V 17 N Plan Scale: 1" =40' E N G I N E E R I N G e 5725 NORTH DISCOVERY WAY W BOISE,IDAHO 83713 W PHONE(208)639-6939 Exhibit B j kmengllp.ca� City of Meridian Water and Sewer Easement DATE: January 2023 1 ¢ PROJECT 21-216� SHEET: A portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, N 1 OF 1 Township 3 North, Range 1 West, B.M., City of Meridian,Ada County,Idaho d _ rl Title: Date:01-02-2023 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.029 Acres: 1242 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 148 Feet 001=s85.0826e 47.75 003=n85.0826w 47.75 002=s04.5134w 26.00 004=n04.5134e 26.00 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ten Mile Storage Water Main Easement No. 1 ADA COUNTY RECORDER Trent Tripple 2023-009255 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/15/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0020 Ten Mile Storage Water Main Easement No. I WATER MAIN EASEMENT THIS Easement Agreement, made this 14th day of February 20 23 between SCS Brighton Ten Mile Storage LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Granteffl WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed.their signatures the day and year first herein above written. [END OF TEXT; SIGNATURE TO FOLLOW] Water Main Easement Version 01/01/2020 GRANTOR: SCS BRIGHTON TEN MILE STORAGE LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: L Robert L. Phillips, President STATE OF IDAHO :SS. County of Ada On this 6i�L day of January, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton Ten Mile Storage LLC,the company that executed the instrument of the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. a� SHARI VAUGHAN Notary Public Notary Public-State of Idaho My Commission Expires: Commission Number 20181002 y Commission Expires Jun 1, 2024 Im— 4 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-14-2023 Attest by Chris Johnson, City Clerk 2-14-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-14-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G January 30,2023 Project No.20-209 Water Easement Legal Description Exhibit A A parcel of land for a Water Easement over a portion of Lot 4, Block 1 of Frontline Subdivision(Book 124 of Plats, pages 19876-19879),situated in the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 561.64 feet; Thence leaving said northerly line,S00°46'48"W a distance of 685.46 feet to the POINT OF BEGINNING. Thence S89'09'21"E a distance of 5.00 feet to an existing Water Main Easement as described per Instrument No.2022-006436; Thence following said existing Water Main Easement the following two (2)courses: 1. S00°50'39"W a distance of 28.95 feet; 2. N89'09'21"W a distance of 5.00 feet; Thence leaving said existing Water Main Easement,N00°50'39"E a distance of 28.95 feet to the POINT OF BEGINNING. Said parcel contains 145 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \�Npl LANDS �\CENSf10 � o 0 qrf 0 F SOP 1-30-2023 5725 North Discovery Way • Boise, Idaho 93713 • 208.639.6939• kmengllp.com P:\20.209\CAD\SURVEY\EXHIBITS\20-209 WATER EASEMENT ADDITION 0 2(KZ).DWG,KOBE ZIMMERMAN,1/30/2023,DWG TO PDF.PC3,0R.SX11 L(PDF] JI I m I z I I I o P Rop z > ® ss� ��3 �` z I I "ya <• ti Z= r, r z 0 I I I < = a40 I I i N� O m ' mD � o c cx o 0 mz � II z o 210 N Z Z D m mrZrl Z f=" 0 C -Z-I Ln r- Z m m c m m o C z z � < z I I z m I I Z 9 r mLTI I I N CI _� z O z OD (� Z I co co I I Cl1 7T 2 O I c.+ L �00°46'48"W f�o� �J co 685.46' (TIE) D � z � M o 0 (n J oo — � LC N � N IO >FA X 000 N cD 0 to m I 1 0 M N LP 61 Z0 w I i0M I IL4-� I I01NK I I Z o I ' O I I 0 I m I I m� I ' � oo o zZ C.I M Linder Rd.iM W � N O m L s n Z m= ° Exhibit B N =mZO m z°°- =moo Water Easement =z 00 mnom O �—x. Tl 3 �-' A portion of Lot 4, Block 1 of Frontline Subdivision,situated in the NW 1/4 of the NE 1/4 - n z g of Section 14,Township 3 North,Range 1 West, B.M.,City of Meridian,Ada County,ID ^ O N E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ten Mile Storage Water Main Easement No. 2 ADA COUNTY RECORDER Trent Tripple 2023-009256 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/15/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0021 Ten Mile Storage Water Main Storage No.2 WATER MAIN EASEMENT THIS Easement Agreement, made this 14th day of February , 20 23 between—SCS Brighton Teri Mile Storage LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee'� WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURE TO FOLLOW] Water Main Easement Version 01/01/2020 GRANTOR: SCS BRIGHTON TEN MILE STORAGE LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO } :SS. County of Ada y On this 3ff-bday of January, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton Ten Mile Storage LLC,the company that executed the instrument of the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. \�ti1ti f�l�-t•�. SHARIVAUGHAN Notary Public-State of Idaho Notary Public Commission Number 20181002 My Commission Expires: My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor ' 14-2U27— Attest by Chris Johnson, City Clerk 2-14-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-14-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 2-14-2023 Water Main Easement Version 01/01/2020 ENGINkm E E RING January 30,2023 Project No.20-209 Water Easement Legal Description Exhibit A A parcel of land for a Water Easement over a portion of Lot 4, Block 1 of Frontline Subdivision(Book 124 of Plats, pages 19876-19879),situated in the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 1,184.16 feet; Thence leaving said northerly line,S00°46'48"W a distance of 686.32 feet to the POINT OF BEGINNING. Thence S89°09'21"E a distance of5.00feet to an existing Water Main Easement as described per Instrument No.2022-006436; Thence following said existing Water Main Easement the following two(2)courses: 1. S00°50'39"W a distance of 28.79 feet; 2. N89°09'21"W a distance of 5.00 feet; Thence leaving said existing Water Main Easement,N00°50'39"E a distance of 28.79 feet to the POINT OF BEGINNING. Said parcel contains 144 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \�Np1. LAND �\CENSE� Or o a O � ip �o 9TF 0 F ��<< H Y NSO� 1-30-2023 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com P:\20-209\CAD\SURVEY\EXHIBITS\20-209 WATER EASEMENT ADDITION#3(KZ)-DWG,KOBE ZIMMERMAN,1/30/2023,DWG TO PDF.PC3,08.3X11 L iPDFJ a r_ m rn II z I PRop M z-0 oo O " r- < o < Zr n o O ccxDMD �' zm M 0 X z M in 0 0 - c m0 m m c Z o zv 2101-� � m < N O Z z S D m m lz E5 � � r m r- z rn m m o K z o m 0 m c m z z z I Z °° z m I I o C1 Z CD m c C4 9 I00 CD z i I Z O I w U7 N 0 -1 I �� — — S00'46'48"W * rn 686.32' (TIE) T �, I ° zX — NV1 � �0 1� C� to�x 00 0 !J r^40 co CJI J I O M Z w ! O-0 D [*D1 L00i M m (/7 P. M-- - -- - - - - -- - I zD z OL - -- - - - -- - rn U) I m 10 ; o OM z z CA m O Linder Rd. N W N O Exhibit B V m °Z `� Water Easement 3m0C, �.. —Z X z w y o m p xN $ mom TI 3 A portion of Lot 4,Block 1 of Frontline Subdivision,situated in the NW 1/4 of the NE 1/4 D z N o of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, ID w E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: First Amendment to License and Indemnity Agreement with Lions Club of Meridian and Assignment of Agreement to Treasure Valley Lions Club FIRST AMENDMENT to LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN and ASSIGNMENT OF AGREEMENT TO TREASURE VALLEY LIONS CLUB This FIRST AMENDMENT to LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN and ASSIGNMENT OF AGREEMENT TO TREASURE VALLEY LIONS CLUB ("First Amendment") is made this_14� th -_day of February, 2023 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Treasure Valley Lions Club, a non-profit corporation organized under the laws of the State of Idaho ("TVLC") (together, "Parties"). WHEREAS, on October 6, 2015, City and the Lions Club of Meridian entered into a License and Indemnity Agreement, attached hereto as Exhibit A ("October 6, 2015 Agreement"); WHEREAS, as set forth in Exhibit B, the Lions Club of Meridian has assigned all of its rights and responsibilities under the October 6, 2015 Agreement to TVLC, and by this First Amendment, the Parties seek to update the October 6, 2015 Agreement accordingly; NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein, City and TVLC agree as follows: 1.REFERENCES TO"LICENSEE." All references to "Licensee" in the October 6, 2015 Agreement shall be to TVLC. II.AMENDMENT OF SECTION II.A. Section II.A. of the October 6, 2015 Agreement shall be amended to read as follows: A. License payment. In consideration of Licensee's use of Property for the purposes enumerated in the CUP, Licensee shall pay City six hundred and fifty dollars ($650.00), which amount shall be due to City by January 15 of each year. III.AMENDMENT OF SECTION IV.P. Section IV.P. of the October 6, 2015 Agreement shall be amended to read as follows: A. 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 by United States Mail, addressed as follows: City: City of Meridian Parks &Recreation Department 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Treasure Valley Lions Club P.O. Box 1111 Meridian, Idaho 83680 FIRST AMENDMENT TO AND ASSIGNMENT OF LICENSE AGREEMENT PAGE I 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. IV.ASSIGNMENT. By this First Addendum, City consents to the Lions Club of Meridian's assignment of the October 6, 2015 Agreement to TVLC as set forth in Exhibit B. All of the terms, provisions, covenants and conditions of the October 6, 2015 Agreement shall inure to the benefit of, and shall be binding upon, TVLC. V.ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Amendment, all provisions of the October 6, 2015 Agreement, and all addenda thereto, shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the October 6, 2015 Agreement or this First Amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. TREASURE VALLEY LIONS CLUB: r�— Darrin Moe President CITY OF MERIDIAN: ATTEST: Robert E. Simison, Mayor 2-14-2023 Chris Johnson, City Clerk 2-14-2023 FIRST AMENDMENT TO AND ASSIGNMENT OF LICENSE AGREEMENT PAGE 2 P; Exhibit A LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN This LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN ("Agreement") is made this (o day of �C hp:✓ , 2015 ("Effective Date"), by and between Lions Club of Meridian, Inc., a non-profit corporation organized under the laws of the State of Idaho, whose address is P.O. Box 266,Meridian, Idaho ("Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Avenue,Meridian, Idaho. WHEREAS,Licensee is a service organization dedicated to supporting humanitarian needs, sight and hearing services, and youth services; WHEREAS, City owns property on West Cherry Lane between Black Cat and McDermott, in unincorporated Ada County, Idaho, including parcel nos. S1204336500, S1204336450, S1204346615, S1204346715, and S1204346850; WHEREAS,Licensee seeks to utilize parcel no. S1204336500 and the east half of parcel no. S 1204336450, as depicted in Exhibit A hereto ("Property") for a rodeo grounds, which use includes riding arena, bucking chutes, bleachers, fencing, announcer stand;and for riding, rodeo reining and other equine activity by amateur and professional riding groups, high school rodeo clubs,team ropers, and barrel racers; and in accordance with the terms and conditions set forth herein, the City of Meridian is willing to allow Licensee a limited license to use Property for these purposes; WHEREAS, for several years, City has leased Property, with the adjacent parcels, to a thud party for crop farming during the summer months, in order to, inter alia, control weeds, pests, and dust, at a lease rate of$100 per acre on thirty-eight(38)acres, less$1,800 for weed control,for a total of$2,000 revenue to the City; WHEREAS,Licensee now seeks to schedule a rodeo event at Property in the summer, in which event the third party may lease and farm only parcel nos. S1204336450; S1204346615; S 1204346715; and S 1204346850 and the west half of parcel no. S 1204336450 ("Farmed Property"), and will pay a lease rate of$50 per acre for the Farmed Property, for a total of$1,350 revenue to the City; WHEREAS, in consideration of City's reconfiguration of the third party lease and loss of revenue in order to allow Licensee to use the Property during the summer months,Licensee is willing to take on full responsibility for controlling weeds, pests,and dust at Property, and is willing to pay $650 to make up the difference between the $1,350 lease revenue for the Farmed Property and the $2,000 revenue to City otherwise realized for the lease of Property for farming; WHEREAS, on September 20, 2011, City and Licensee entered into a prior agreement, entitled License and Indemnity Agreement with Lions Club of Meridian, which,upon the Effective Date of this Agreement, shall be superseded by this Agreement; NOW THEREFORE,in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: LICENSE AND INDEMNITY AGREEMENT-LIONS CLUB RODEO PAGE 1 OF 9 I.SCOPE OF LICENSE GRANTED BY CITY, A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities enumerated in Ada County Conditional Use Permit no, 201000531-CU ("CUP") attached hereto as Exhibit B and incorporated herein by reference, except that Licensee shall not have any access onto McDermott Road fi•om Property unless such access is specifically allowed, in writing, by the Director of the City of Meridian Parks and Recreation Department ("MPR") or his designee. At least thirty (30) days prior to hosting any event or using the Property for any purpose,Licensee shall provide to City written notice of its desire to do so, as well as a written description of the event, including the dates and hours of operation, and a site plan, including a depiction of structures, restrooms, first aid stations, drinking water sources, garbage receptacles, generators and other mechanical equipment, cooking equipment, signs, entrance and exit drives, and parking. Licensee shall also provide, at least thirty(30) days prior to hosting any event or using the Property for any purpose, proof of insurance as required herein. The time and manner of each and every event and use shall be approved by the MPR Director or his designee. City shall reserve the right to deny Licensee permission to use Property for an event or use that will or may endanger the health, safety, or welfare of the public or of Property. B. Compliance with CUP. Licensee shall access and use Property only insofar as such access and use is consistent with and in full compliance in every respect with the requirements and standards established by the CUP, except that Licensee shall not have any access onto McDermott Road fi•om Property unless such access is specifically allowed, in writing, by the MPR Director or his designee. To the extent that the CUP conditions are broader in scope than the permissions conveyed by this Agreement, this Agreement shall control. Any prior general permission granted by City to Licensee for access to or from McDermott Road from Property is hereby revoked; Licensee shall not have any access onto McDermott Road fi•om Property unless such access is specifically allowed, in writing, by the Director of the MPR Director or his designee, Should Licensee or any participant in Licensee's activities on Property damage Farmed Property or any equipment or crops thereon, Licensee shall be responsible for any and all costs related to such damage. C. Term of license. The term of this Agreement shall be from the Effective Date through 11:59 p.m, on September 30, 2016 ("Original Term"), provided that Licensee shall have an option to renew the term of this Agreement for additional consecutive terms of up to one (1)year each, Each and every renewal term shall commence upon the expiration of the Original Term or the prior renewal term, as applicable. Such options to renew shall be exercised automatically unless this Agreement is terminated by either Party by the method established herein. Upon automatic renewal, and throughout each and every renewal term, all provisions and conditions of this Agreement shall be in full force and effect. Licensee specifically acknowledges that Property is owned by City for the express purpose of developing such land for municipal park use, and upon initiation of such development,this Agreement shall be voidable and shall not be renewed. 11.RESPONSIBILITIES Or LICENSEE A. License payment. In consideration of Licensee's use of Property for the purposes enumerated in the CUP,Licensee shall pay City six hundred and fifty dollars($650.00),which amount shall be due to City by October 15 of each year. LICENSE AND INDEMNrry AGREEMENT-LIONS CLUB RODEO PAGE 2 OF 9 B. Weed,pest, and dust control. Licensee shall be responsible for weed,pest, insect, vermin, and dust control on the entire Property. It is specifically acknowledged that Licensee shall assume weed,pest, insect,vermin, and dust control responsibility for all twenty(20) acres of Property, including that portion of Property occupied by the rodeo grounds. At all times, Property shall be reasonably fi-ee and clear of unwanted vegetative growth, insects, vermin, and fugitive dust. 1. Crop farming. Cover crop farming on Property for the purpose of weed,pest, insect, vermin, and dust control is encouraged. Licensee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops on Property. Licensee shall be entitled to keep the proceeds,if any, of the crop(s) planted and harvested by Licensee on Property. Licensee shall be solely responsible fbr any and all expenses incurred in Licensee's planting, maintaining, harvesting, storage and transportation of crops removed fi•om the premises including, but not limited to, damages caused by acts of God, acts of nature, and/or weather. Licensee may; at Licensee's option, maintain crop insurance for crops planted on Property. City shall not maintain crop insurance on Licensee's behalf. 2. Chemical application. Should Licensee choose to apply to Property pesticide, insecticide, and/or any other chemical for the purpose of weed,pest,insect,or vermin control on Property, each and all of the following conditions shall apply to every application. a. Licensee shall engage a commercial, professional applicator for such purpose. Such professional applicator shall be licensed and certified by the Idaho State Department of Agriculture ("ISDA") and shall be fully insured as required by ISDA. No person or entity,other than a professional applicator or a professional applicator's qualified employees, may apply to Property pesticide, insecticide,and/or other chemical. b. Licensee hereby authorizes City to act as Licensee's agent for the limited purpose of authorizing,deauthorizing,or scheduling Licensee's selected professional applicator's chemical application on Property,and shall inform each and every applicator of such agency in writing. At least fourteen(14) days prior to any chemical application on Property,Licensee shall provide to City a copy of the written notice provided to the applicator(s)of such agency. Licensee shall be responsible for any and all costs related to the application of chemicals to Property, even if such chemicals are applied pursuant to City's exercise of the agency granted by this provision. City agrees to exercise the agency granted by this provision only if weed, pest, insect, vermin, and dust control on Property does not meet the standards set forth in this agreement. c. Licensee shall make arrangements for application or evaluation to occur on or around March 1, June 1, August 1,and October 1 of each year, give or take approximately fifteen (15) days before or after such dates. d. At least fourteen(14)days prior to each and every chemical application on Property, Licensee shall provide to City the name, address, and phone number of the professional applicator(s)engaged by Licensee to undertake such chemical application on Property; the scheduled date and time of the application;the type of chemical to be used; and a LICENSE AND INDEMNITY AGREEMENT-DONS CLUB RODEO PAGE 3 OF 9 i copy of the written agreement between Licensee and the professional applicator(s) engaged by Licensee for such purpose. e. Licensee shall not allow the application of any soil sterilant, i.e., prometon, diuron, bromacil, simazine, or atrazine, to Property. f Within thirty(30) days following any chemical application on Property, Licensee shall provide to City a copy of the application record. g. Licensee shall be solely responsible for any and all expenses incurred in or related to the application to Property of pesticide, insecticide, and/or any other chemical for the purpose of weed, pest, insect,vermin, and dust control. This responsibility shall include, without limitation,remuneration to owners or occupants of adjacent or other parcels for any damage incurred due to the migration of chemicals applied to Property, on Property, or originating from Property. h. Licensee shall not store or dispose of any chemicals upon Property without prior written notice to City. City shall have the option of refusing to consent to any use, storage or disposal of chemicals on Property. All chemicals shall be used strictly in accordance with all applicable laws, rules and ordinances. Licensee shall not allow any chemicals into the air, ground or water except insofar as allowed by said laws and regulations. Licensee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense resulting fi•om chemicals or hazardous or toxic substances placed or used on the Property by Licensee. City shall have the right to inspect Property to determine if Licensee is properly using, storing,and disposing of chemicals and other hazardous substances. C. Ditches and drains. Licensee agrees to clean and maintain in good repair and condition, normal wear and tear excepted,the ditches, laterals and drains situated upon the Property, in order that the maximum water benefit may be obtained and utilized, as follows; 1. As to the ditches, laterals and drains on the east and west sides of Property, Licensee shall clean and maintain them to the center line thereof. 2. As to the ditch on the south side of Property, Licensee shall clean and maintain the entire ditch along the fiontage of Property. D. Good faith. Licensee shall utilize the Property in a manner that will best conserve the integrity and long-term beneficial use of the Property. F. Water use. City shall promptly authorize excess water delivery if requested by Licensee. Licensee shall pay any water use overage costs, if applicable. If or when a well is constructed on the property,Licensee shall seek permission fi-om and shall coordinate with the MPR Director or designee prior to accessing any well water. F. Adjoining property. Licensee may not utilize Farmed Property for parking or other use without prior written consent from the third party leasing the Farmed Property. Licensee shall be solely responsible for any and all expenses incurred by City or the lessor of Farmed Property related to damage to Farmed Property or crops,equipment, or personal property due to rodeo events or other events and activities on Property. This responsibility shall include, without LICENSE AND INDEMNITY AURGEMGNT—LIONS CLUB RomEo PAce4 or 9 limitation, remuneration to City or to the lessor of the Farmed Property for any damage incurred due to activities on Property or originating from Property. III.INDEMNIFICATION; INSURANCE. A. Indemnification. Licensee shall, and hereby does,indemnify and save and hold harmless City from and for any and all losses;claims; actions;judgments for damages; injury to its members, agents, invitees,volunteers,contractors,officials, officers, guests, employees,other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators,assigns,and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors,officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests,and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers,contractors,officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise,for any accidents, injuries,deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain,and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims,actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums of the Idaho Tort Claims Act are changed,Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees,volunteers,contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of Property,whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of City or its employees. LICENSE AND INDEMNITY AGREEMENT-LIONS CLUB RODEO PAGE 5 OF 9 E. As-is condition. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as-is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. IV.GENERAL PROVISIONS. A. City contribution. Licensee acknowledges that City has contributed to the partnership between City and the Meridian Lions Club by providing Property for Licensee's use, rent free, since City obtained the Property, and by annually contributing two thousand seven hundred dollars($2,700) in foregone revenue due to Licensee's use of Property. City shall continue to pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Licensee, though Licensee shall reimburse City for any water use overage costs, if applicable. B. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. Such alterations and improvements shall comply in all respects with any and all applicable laws, ordinances,regulations,policies, agreements, and requirements. Any alterations to or improvements on Property shall become at once a part of the real property and shall belong to City. C. Structures. Licensee shall not erect,or permit to be erected, structures at or on Property without first obtaining City's written consent. Any and all such shall be erected and maintained by Licensee, at Licensee's sole expense. Structures erected by Licensee shall comply in all respects with any and all applicable laws,ordinances,regulations,policies, agreements, and requirements. Licensee shall own and shall be solely responsible for any structures erected or used by Licensee upon the Property. D. Personal property. Licensee shall provide and maintain, at Licensee's sole expense, all equipment and other personal property necessary for conducting Licensee's activities pursuant to this Agreement. Licensee's personal property shall include bucking chutes and fencing. Such equipment and personal property may be stored at the Property for the term of this Agreement so long as such storage complies with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall move or remove its equipment and personal property from Property within fourteen(14) days of City's request to do so. Equipment and personal property not removed within the time established herein shall be deemed abandoned by Licensee. Unless and until such abandonment occurs,Licensee shall own and shall be solely responsible for any equipment and personal property stored or used by Licensee upon the Property, E. Liens. Licensee shall keep the Property fi•ee fi•om any liens arising out of any work performed for, materials furnished to,or obligations incurred by Licensee. Licensee shall not permit nor suffer any lien,judgment or encumbrance to be entered against or filed upon the Property or any improvements or fixtures thereon. Licensee hereby covenants to satisfy any such lien, judgment or encumbrance at Licensee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims,judgments or encumbrances cause or suffered by Licensee with respect to the premises or any part thereof. LICENSE AND INDEMNITY AGREEMENT-LIONS CLUB RODEO PAGE 6 OTz F. Damage; waste. Licensee shall not commit, permit nor suffer any damage to or waste upon the Property or any of improvement,appurtenance,equipment,structure,or personal property situated or placed thereon by or on behalf of City or City's agents or invitees. G. Possession. If City, for any reason whatsoever, cannot deliver possession of the Property to Licensee at the commencement of the term of this Agreement, as hereinbefore specified, this Agreement shall be voidable, and City shall not be liable to Licensee for any loss or damage resulting therefrom. H. Surrender of possession. Licensee agrees that upon termination or expiration of this Agreement for any reason, Licensee shall surrender the premises to City in the same good condition as received, reasonable wear and tear,act of God, act of nature,or damage by weather excepted. Licensee agrees to surrender possession and occupancy of the premises peaceably at the termination of this Agreement and any renewal or extension thereof. I. Right of entry. City and City's contractors,employees, agents, and invitees, shall be authorized to,at all times,to enter Property for the purposes of inspection for compliance with the terms of this Agreement and for the exercise of City's rights hereunder,the posting of notices, and for all other lawful purposes. J. Relationship of Parties. Except for the limited agency specifically described in section II(B)(2)(b)herein,Licensee and its members, agents,invitees,volunteers,contractors,officials, officers, guests, and employees are neither independent contractors nor employees,agents,joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official,agent,or employee of City; or between any of Licensee's members, agents, invitees, volunteers,contractors,officials, officers, guests,employees, and the City or any official, agent,or employee of City. K. Taxes. Licensee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. L. Termination. If,through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, of the CUP, or of any other applicable law, ordinance,regulation,policy, agreement, or MPR requirement, and/or engages in fraud,dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement by providing written notice to Licensee of such termination. Notice of for-cause termination shall be effective immediately upon mailing by City. If the City Council determines that termination of this Agreement is in the best interest of City, City shall have the right to terminate this Agreement by providing ninety(90) days written notice to Licensee. Licensee may immediately terminate this Agreement at any time by providing written notice to City and removing all equipment and personal property fi•om the Property. Notwithstanding this or any other provision of this Agreement, Licensee shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Licensee. M. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent LICENSE AND INDEMNITY AGREEMENT-LIONS CLUB RODEO PAGE 7 OF 9 breach or default of the same or a different term,covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. N. Transfer of property, If City should sell or otherwise transfer title to Property, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Licensee of City's intent to transfer title. O. No obligation. By the granting of this license, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to,annexation,rezone,variance,permitting,environmental clearance, park development, or any other action allowed or required by law or conveyed by City Council. P. 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 by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Parks&Recreation Department Attn: Steve Siddoway 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Meridian Lions Club P.O. Box 266 Meridian, Idaho 83680 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. Q. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to,the CUP, and firrther shall not discriminate against any person on the basis of race,color,religion, sex, national origin or ancestry, age or disability. R. Successors and assigns. It is expressly agreed and understood by the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 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. S. 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. T. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. LICENSE AND INDEMNrrY AGREEMENT-LIONS CLUB RODEO PAGE 8 or 9 U. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. V. Applicable 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. W. City Council approval required. This Agreement shall not be effective for any purpose whatsoever until it is approved by City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LICENSEE: John Hand President,Lions Club of Meridian, Inc. CITY OF MERIDIAN: r Tammy de.,erd, Mayor City of E I iDA t y 4 cee H 1 an, City Clerk F SL'A1' v LICENSE AND INDEMNITY AGREEMENT-LIONS CLUB RODEO PAGE 9 OF 9 EXHIBIT A Property LICENSE AND INDEMNITY AGREEMENT-LIONS CLUB RODEO EXHIBIT A m � 0 0 0 0 un r aj ! ul uewde4J N 'u � r J 0 LO N LO N A. ll W f • 1. "y Ally 4 1 t qg _ 1 • �'L =PH ITIQw�aa�yy N A EXHIBIT B Ada County Conditional Use Permit no. 201000531-CU LICENSE AND INDEMNITY AGREEMENT LIONS CLUB RODEO EXHIBIT B TO: ADA COUNTY PLANNING&ZONING COMMISSION HEARING DATE: August 12,2010 STAFF: Diana Sanders,Associate Planner PROJECT NO.: 201000531-CU APPLICANT: Doug Beehler Meridian Lions Rodeo P.O. Box 266 Meridian,ID 83680 INTRODUCTION 201000531-CU Meridian Lions Rodeo:A request for a conditional use application to allow for a commercial riding arena for practices,High School Rodeo,Team Roping,Barrel Racing and other equestrian events. The property contains 29.586 acres and is located at 6054 W. Cherry Lane,Meridian, ID; Section 04,T. 3N, R 1W. EXECUTIVE SUMMARY The applicant is requesting a conditional use for a commercial riding arena for practices, Nigh School Rodeo,Team Roping,Barrel Racing and other equestrian events. The applicant is providing four hundred eighty-cne (481) standard parking spaces, ten (10) ADA packing spaces, five (5) ADA van accessible parking spaces, and forty (40)contestant parking space allowing for horse trailer parking with tumaround areas. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control attendants will be used as needed to avoid congestion. The parking area will be packed and watered prior to and during events as needed to keep the dust to a minimum. There are bleachers on the property that seat approxi�mately 1,500 spectators. Typically there are between 900-1,000 spectators for the Lions Club Rodeo, which is held once a year.The concession area consists of a Coca Cola wagon and portable grills, which Cer&W District Health Department inspects and approves for use,associated with the Rodeo. The property is within the City of Meridian Area of Impact and complies with the Meridian Comprehensive Plan allowing the property to remain rural in character.The property contains thirty-nine acres which exceeds the minimum of five acres for a commercial riding areas. Ada County Building Division is requiring that a building permit for a one time inspection of the bleachers be required until such time that new structures are added or modified.Nampa&Meridian Irrigation District has no objector to the application provided that no activities affect the Ten Mile Drain or its one hundred That easement.Ada County Highway District submitted their report attached as Exhibit#6. STAFF REPORT 201000531-CU,MERIDIAN LIONS CLUB Page 1 RECOMMENDATION Based upon Staff's review of the application, staff concludes that this application complies with the Ada County Code and recommends approval to the Commission as set out in the proposed Findings of Fact and Conclusions of Law attached hereto. The Commission should consider the evidence and testimony presented during the public hearing prior to rendcring its decision concerning this application. Should the Commission make positive findings of fact and vote to approve Project#201000531-CU,staff recommends that the approval of Project#201000531- CU be subject to the Conditions of Approval listed in Exhibit A attached to the proposed Findings of Fact and Conclusions of Law and Order. EXHIBIT LIST—PROJECT NO.: 201000531-CU 1 Master Application Form(Three pages) 2 Applicant's Letter of Intent. (Nine pages) 3 Parking/Site Plan Dated June 9, 2010 and June 25, 2010.(Four pages) 4 Ada County Building Division memo dated June 23, 2010.(One page) 5 Nampa&Meridian Irrigation comment letter dated July 1,2010.(One page) 6 Central District Health DeparQneatt comment letter received July 9, 2010. (One page) 7 Ada County Highway District comment letter received July 26, 2010.(Twelve pages) STAFF REPORT 201000531-:U,MERIDIAN LIONS CLUB Page 2 MASTER APPLICATION ADA COUNtY DEVELOPMENT SERVICES 200 W.Front Street,Boise,Idaho 83702. www.adaweb.net phone:(M)207-7900 fax:(208)287-7909 TYPE OF ADMINISTRATIVE APPLICATION: ❑ ACCESSORY USE* ❑MASTER SITE PLAN' ❑ DEVELOPMENT AGREEMENT ❑ONE TIME DIVISION ❑ FARM DEVELOPMENT RIGHT ❑PRIVATE ROAD ❑ FLOODPLAIN PERMIT ❑PROPERTY BOUNDARY ADJUSTMENT ❑ HILLSIDE DEVELOPMENT* ❑PROPERTY STATUS REPORT ❑ HIDDEN SPRINGS ADMINISTRATIVE ❑SIGN PLAN ❑ HIDDEN SPRINGS SPECIAL EVENT ❑TEMPORARY USE" TYPE OF HEARING LEVEL APPLICATION: ❑ COMPREHENSIVE PLAN MAP AMENDMENT ❑SUBDIVISION,SKETCH PLAT" ❑ COMPREHENSIVE PLAN TEXT AMENDMENT ❑VACATION CONDITIONAL USE ❑VARIANCE ❑ NONCONFORMING USE EXPANSION ❑ZONING MAP AMENDMENT ❑ SUBDIVISION,PRELIMINARY' ❑ZONING TEXT AMENDMENT ❑ PLANNED COMMUNITIES TYPE OF ADDENDA: ❑ APPEAL ❑FINAL PLAT ❑ ADMINISTRATIVE MODIFICATION ❑TIME EXTENSION ❑ DEVELOPMENT AGREEMENT MODIFICATION REQUIRED SUBMITTALS: CHECKL07 for applicable application(s).If multiple applications,do not duplicate submittals. *SUPPLEMENTAL WORKSHEET REQUIRED SITE INFORMATION: Section: -C/ Township:311) Range:2 l� Total Acres:_3 l Subdivision Name: Lot`WA_ Block: Site Address:-C-k e rru Lane * MC- r in d+4 _ d City c it., Tax Parcel Number(s): $ 1004 3 3&45'0 c*- :$ 1204 33& 0to Existing Zoning—1q LA T Proposed Zoning.-----Ama of City Impact:_ i a Overlay Distric(s) OFFICE USE ONLY Project 0.: O(b 3 .� Lc. Planning Fees/GLS: Engineering Fees: Received By Date: / Stamped VERSION 2MO 1 EXHImrr 1 201000531-CU MERIDIAN LIONS CLUB APPLICANT/AGENT: (Please print) m e r t j;a„ L s C)w ADDITIONAL CONTACT if applicable: (Please Print) Name P 1 r Name C-50 A Address: PO SoX Z24,6Address ISIU IrCher C f City:_M('r i A.,an,_ State:,D Zip: 3&, 0 City: /Vc M ag State:_LLZi : 934,.S/ Telephone: fefo-0311 Fax: ?a- 5'8�-S(e�oS Telephone:a6f-463 Fax: Email: tA Q 1S,Ae An--aW ssl.aan�_� I certify this irrfomration is correct to the best of my knowledge. ENGINEER/SURVEYOR if applicable: (Please Print) Name: Address: —_ A'oCity: ______State:__Zip: y /7 /0 Telephone: Fax: Email: Signature:(Applicant) Date OWNER(S)OF RECORD: (Please Print) OWNER(S)OF RECORD: (Please Print) Name: a vi Name: Address r e Address: City: State: Zip:_tj&Yt City: State: Zip: Telephone: tog— $8,F—11 Y33 Telephone: Fax: Fax: --� -----f, Email- Email: I consent to this application,I certify this information is correct, I consent to this application,I certify this information is correct, and allow Development Services staff to enter the property for and allow Development Services staff to enter the property for related site inspections. I agree to indemnify,defend and hold related site inspections. I agree to indemnify,defend and hold Ada County and its employees harmless from any claim or Ada County and its employees harmless from any claim or liability resulting from any dispute as to the statements contained liability resulting from any dispute as to the statements contained in this application or as to the ownership of the property,which is in this application or as to the ownership of the property,which is the sub' f the application. �' the subject of the application. Si ature er(s)of Record Date I Signature All Owners of Record Date ALL OWNER(S)OF RECORD(ON THE CURRENT DEED) MUST SIGN (Additional Sheets are Available Online) If the property owner(s)are a business entity,please include business entity documents,including those that indicate the person(s) who are eligible to sign documents. VERSION 2010 -2- zADA tCOUN'TY DEV ELOPME(NT�S ERV(I�CES909 CONDITIONAL USE C HECKUST A Conditional Use request requires a public hearing. GENERAL INFORMATION: I Applicant DESCRIPTION Staff tOne paper copies and one a e=--...c copy of all required submittals. �{ Completed and sipmed Master Application �;7 \ / DETAILED LETTER by the applicant fully describing the request or project �( and addressing the following: Explain the proposed use,and all uses associated with the request X Any other supporting information. Address the standards in ACC 8-6-3 for proposed use(s): X uays of use: Hours of use: Duration of use(s): ASTER SITE PLAN Of required) A11W EIGHBORHOOD MEETING CERTIFICATION l x PRE-APPLICATION CONFERENCE NOTES(optional) iL X SITE PLAN is not required if associated with a MSP• r� Show existing and p reposed structures. / Submit one electronic coav, one full sized plan and one 8 1/2"X 11 plan. X DEED (or evidence of proprietary interest) OVERLAY DISTRICT:May require a separate checklist or additional information [for the following: HILLSIDE (ACC8-3ii) 101A FLOOD HAZARD (ACC 8-3F) WA WIMLAND-URBAN FIRE INTERFACE (ACC8-3 �f ISO 1 nrynbt FL&N ... G AREA (ALL 67) �y/¢ PLANNED UNIT DEVELOPMENT (ACC8-31)) BOISE RIVER GREENWAY(ACC8-3G) /IfIA BOISE AIR TERMINAL AIRPORT INFLUENCE AREAS(ACC 83A W X MUST COMPLY WITH SIGN POSTING REGULATIONS(ACC 8-7A$) JAPPLICATION FEE:Call County or go to www.adaweb.netfor fees Supplementary information at the discretion of the Director or County Engineer maybe required to ZEciently detail the proposed development within any special development area,including but not limited to hillside,planned unit development,floodplain,southwest,W UFL Boise River Greer way,airport in flu ence,and/or hazardous or unique areas of development. Application w01 not be accepted unless all applicable items on the form are submitted.This application shall not be considered complete urdil staff has received all required information ADA COUNTY JUN 0 9 2010 VERSION 2010 - I - DEVELOPMENT SERVICE '�xnno�a` Meridian Lions Club PO Box 266 Meridian, ID 83680 June 2, 2010 Ada County Development Services 200 W. Front Street Boise, ID 83702 Re: CUP for Ada County Parcels S 1204336450&S 1204336500 Attn: Planning Department This letter is being submitted as part of the application for the conditional use permit for the property parcels indicated above. This request is by the Meridian Lions Club for the use of the property for the annual Meridian Lions Rodeo and all such events that will coincide with the facility as a rodeo grounds and equestrian riding arena. At this time the only events scheduled are the Meridian Lions Rodeo and a Barrel Race. We anticipate increasing the number of events when the permit is in place. The Meridian Lions Club will be holding their twenty-first (21 st) annual rodeo on the weekend of September 24, 25th, and 26th, 2010. The Rodeo was initially held at the Meridian Speedway and after four years it was moved to the comer of Eagle Road and Fairview Avenue. In 2004 it was moved to the property indicated above, which is owned by the City of Meridian. We are in the process of entering into an agreement with the City and will use the conditional use permit rather than continuing on with the temporary use permit process. The County has issued temporary permits annually since we have moved to the property. We have developed a good relationship with the surrounding property owners and they are supportive of our events. A neighborhood meeting was held on April 17, 2010 with the certification form attached to the application. Proposed use and all uses associated with the request include but are not limited to: a. Annual Meridian Lions Rodeo as a fund raising event by the Meridian Lions Club. b. Riding Groups who have inquired about using the arena for practice. c. High School rodeo clubs have expressed an interest in using the facility. d. Organizations such as Team Ropers, Barrel Racers, and Reiners. The Meridian Lions Club owns the equipment that is on the property and includes the riding arenas, bucking chutes, fencing, bleachers, and announcer stand. We have continued to improve the site as funds are available. ADA COUNTY EXHIBIT JUN 0 9 7010 201000531-CU MERMIAN LIONS CLUB DEVELOPMENT SERVICE., '%0 s NA1 Meridian Lions Club PO Box 266 Meridian, ID 83680 Address any use in ACC 8-5-3. (ACC 8-5-3-107: Stable or Riding Arena,Commercial). A. Criteria applied to this establishment: 1. The riding arena is open to the general public or a club. 2. The riding arena can be rented by an individual or group. 3. Spectator seating for more than fifty(50)people is provided at the arena. 4. Retail sales accessory to the riding arena are conducted onsite. B. Sufficient parking and turnaround areas for horse trailers are provided. These areas are designed to preclude vehicles from backing out into a roadway. C. The minimum property size has been complied with. D. All food services have been approved by Central District Health in previous years and we intend to continue the process as we have in the past. Days of Use: It is anticipated that the primary use of the facility will be weekend days. There will be times when we may use the facility during the week. The weekdays will probably be used by the riding groups for practice sessions. Typically the events will be held from April to October. Hours of Use: At this time there are no utilities on the property so the majority of use would be limited to daylight hours. We may on occasion need to use portable temporary lighting for safety reasons if vehicles are leaving the premises after sundown. The Length of Time: The length of time for any event discussed so far is not anticipated to be more than three (3) days at any one time. If a request is for another aspect of time, we will consider it is as it pertains to the permit or adjust accordingly. ADA COUNTY JUN 0 9 2010 DEVELOPMENT SERVICES �►%ohs ry NA1t0' � d Meridian Lions Club PO Box 266 Meridian, ID 83680 Master Site Plan: Previous meetings with the County have indicated that we are exempt from a Master Site Plan per ACC 8-4E-2E. Pre-application conference notes are attached to this application. Neighborhood Meeting Certification: Neighborhood meeting was held on April 17, 2010. The certification is attached to this application. Jerry Frasier was the only neighbor in attendance. Pre-Application Conference Notes: Pre-application conference notes are from 4/1/2010 and are attached. Site Plan: A drawing of the existing facility is attached to this application. A drawing of the parking areas is attached. Legal Description: Parcel Information attached to this letter. Deed: Copies of Deeds are attached to this letter. Overlay District: All areas under this section are not applicable. Application Fee: A request for a fee waiver has been submitted. ADA COUNTY JUN 0 9 2010 DEVELOPMENT SERVICES g Meridian Lions Club PO Box 266 Meridian, ID 83680 This is the second time we have requested a conditional use for this facility. The original request was dated April 17, 2007 and was referenced by file # 200700081-CU. Due to some issues we were unable to resolve in a timely fashion we withdrew the application and proceeded with a temporary use application. We have been in discussions with the City of Meridian and believe we can proceed with the process at this time. Some of the items you wanted us to address in the previous application are listed below. We are limited on improvements due to the lack of sewer and water to the property. As these amenities become available to the area we will update the facility as best we can to comply with your requirements. Items to address: Drainage Plan: Drainage has not been a problem in previous years. The Concession area has been graveled and all other areas are kept groomed and open to return any precipitation directly to the soil. The drive areas and parking areas are kept groomed and drains very well. Traffic Control: We have signs that we use to direct traffic into and out of the facility from Cherry Lane. We are currently using a temporary entrance with property owner approval and adequate signage from McDermott Road to allow for truck and trailer entry to avoid congestion. The approval letter from property owners Mike and Donna Anderson is attached to this application. We will put up no parking signs to keep vehicles off Cherry Lane & McDermott Road. As we develop the facility we anticipate adding another entrance from Cherry Lane. Traffic control attendants will also be used as needed to avoid congestion. Manure Removal: Because of the number of events at this time, the accumulation of manure has not been a problem. ADA COUNTY .SUN 0 9 2010 OEVELOAMENT SS8VICES 4�1PNAI T Meridian Lions Club PO Box 266 Meridian, ID 83680 Parking: A drawing of proposed spectator parWng with 400 spaces with handicap access is attached. Contestant and horse trailer parking and loading is also shown. In previous years we have been packing and watering all drive and parking areas prior to and during the event as needed to keep dust to a minimum. We have been very successful in this endeavor and drainage and dust abatement have been complied with. We have adequate handicap parking. We take great care in marking the parking areas with stakes and tape. We also have attendants available to keep vehicles parking in an orderly manner. Landscaping: Since utility services are not available and a Master Site plan is not required we are asking for the landscape plan requirements to be waived at this time. Weed control measures are taken during the course of the season to keep weeds from being a problem. The City has been working on weed control and all grass is kept mowed to keep from being a problem Lighting: Since utility services are not available on the property we do not anticipate having any events after dark. For safety reasons we may have to use temporary portable light plants for people leaving the facility after dark. The light plants are similar to what you would rent from a rental facility that includes a generator and light plant. They are non-obtrusive to any neighbors to the property. Noise: ACC 8-4A-15 At this time we do not plan on having events between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM. Our sound system is a 150 watt amp with 6 speakers and is just for the purpose of the announcer to speak to the spectators and for background music. The location of the bleachers and announcer stand is such that sound does not offend any of the neighbors to the property. Signage: Any signage used will be approved by the City and adhere to County"A COUNTY JUN 0 9 701J DEVE OPPADIr SERVICE" 0�s Meridian Lions Club PO Box 266 Meridian, ID 83680 Discussions with Meridian Fire Department: Previous discussions with the Meridian Fire Department have indicated that there will be a working relationship between the department and the Meridian Lions Club. Previous letter is attached to this application and new discussions will take place. Discussions with Idaho Department of Environmental Quality: Previous discussions with Idaho DEQ indicated the main concern with them is air pollution due to dust stirred up by ground preparation and the animals in the arena. The use of water trucks at the events has kept dust to a minimum in the past and will be continued as needed. The trucks are used for all parking areas and the arena. As parking lots are developed the dust will also be further reduced. Discussions with Ada County Highway District: Previous discussions with ACHD have been positive for this project and further discussions will be held. The main issues to address will be entrances to the property. Due to the fact that we are a non-profit group that raises funds to give back to the community we do not have large amounts of capital to fund major improvements on the facility and must depend on donations from outside sources to accomplish what we can. We would appreciate your help in working with us to accomplish this application process. The Meridian Lions Club is a local service club that is part of Lions International and we raise funds through community projects. The annual rodeo has become one of the largest local rodeos in the Northwest and continues to grow. The money raised is primarily for local needs of the community and its citizens. Our emphasis is on sight and hearing loss prevention, diabetes awareness, and youth development. Thank you in advance for your consideration of this application. I can be reached by phone at 208-866-0311 or by email at dougbeehl adi;'s.net• cerely, AAA COUNTY Doug B er President, Meridian Lions Rodeo JUN n 9 2019 OEVE ON.-!Eh1T Q�g�/;C � rage i or t Diana Sanders From: dougbeehler@digis.net Sent: Wednesday,June 30,20101:11 PM To: Diana Sanders Cc: Don Carson Subject: CUP for Meridian Lions Rodeo Diana, I am out of town till the 4th of July but wanted to get you some info about the concessions and bleachers. The bleachers will hold about 1500 people. Typically we have about 900-1,000 people using the bleachers. These are the same bleachers that the County has inspected and approved for use the last few years. We have repaired them as needed. The concession area consists of Coca Cola wagons and portable grills. The Central District Health Dept has inspected and approved for use these same items in past years. If you need any further info please let me know. Thanks, Doug Doug Beehler,CMFC 830 N.Main St,Ste 210 Meridian, ID 83642 Office 208-888-9590 Cell 208-866-0311 Home 208-939-5747 Fax 208-084-5665 ADA COUNTY JUN 3 0 2010 7/1/2010 DEVELOPMENT SERVICES CrrY OF C> Wridia n IDAHO A MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR March 30 2007 Mailing.Address: � 33 E. Idaho Avenue Street!Address: 703 N.Main Street l� Bruce Wall 898-5506(City Attorney) 898-5503 (HR) Ada County Development Services Fax 884-8723 200 W. Front Street Fire Boise, ID 83702-7300 540 E. Franklin Road 888.1234 fax 895-0390 Re: Meridian Lion's Club Rodeo Property Parks&Recreation 11 W. Bower Street 888-3579 fax 888-6854 Dear Mr. Wall: Planning The property at 6054 W. Cherry Lane is within the Meridian Rural Fire 660 E. Watertower Street P P Y nY Suite 202 Protection District. After reviewing the plan received on March 22,2007, 884-5533 fax 888-6854 Meridian Fire Department can work with the Lion's Club on access roads,20' Police wide fire lanes and turn-arounds. 1401 E. Watertower Street 888-6678 fax 846-7366 Tr Y, Public Works 660 E. Watertower Street Suite 200 898-5500 fax 895-9551 y Bowers - Building Meridian Fire Department 660 E. Watertower Street Suite 150 887-2211 fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 fax 884-0744 - Water ADA COUNTY 2235 N. W. 8th Street 888-5242 fax 884-1159 ADA COUNTY APR 1 7 Zr JUN 0 9 2010 DEVELOKiENT SERVICE"-` DEVELOPMENT SERVICES CITY FALL 33 EAST IDAHO AVENUE MERIDIAN,IDAHo 83642 (208) 888-4433 CITY CLERK-FAX 888-4218 FINANCE tic( MXrY BR.UNG-FAX 887-4813 MAYOR'S OFFICE-FAX 88"119 mail.digis.net-Digis Webmail Page 1 of 1 <> 06/03/10 2:47PM ice' Print Caneel From: Diana Sanders<dsanders0adaweb.net> To: "dougbeehier®digls.net" <dougbeehler@digls.net> Received-On: 05/13/10 10:04 AM Subject: FW: Meridian Lyon's Club More... Doug, Here is the email from the County Engineer. Diana Sanders Associate Planner Ada County Development Services 208-287-7905 From: Jim Farrens Send Thursday,May 13,2010 9:51 AM To: Diana Sanders Ca Mark Perfect Subject: Meridian Lyon's Club Diana, we met earlier this week with the Meridian Lyon's Club to discuss their plans for use of a parcel for a yearly rodeo event Since the parcel will see most of the yearly usage during a 2-day period, I see no benefit In requiring the applicants provide a paved parking lot at this time. They have agreed to roll and water the field prior to the yearly event. This should prove satisfactory. We may wish to condition the approval as being able to reevaluate the situation should problems be noted in the future or if the public complains. Jim Farrens Ada County Engineer AAA COUNTY JUN092010 DEVELOPMENT SERVICE http://webmai l.digis.net/oonapps/ft/wm/pagelviewMessageAttachment?folder—MOX&mi... 6/3/2010 Maidlan Uons dub P. M ri 0.Box 266 Meridian,b�iIlAR1V.C31A�5 dlr,n,Idaho 83686-0266 PROIECT HM 200700061-M APPLWATION POR COMMMI AL USE PERMIT Ada County Oevekxwnerd Sesvkz 200 W.Front SUext 66 2s O Y Bolsq Idaho 83M rl rs �1� !CSPAff PARKING DIMENSIONS S S�Ihu�?Sfl A. North 30IPA err oo"a s va Wk* �Iw a rw i nr i w a:3i hleridtar lJons Rndao Ptrk4q Srmvrrarlr 4MM• Raw 1 5 Vat AOoaw HIC 10 Daa V HE Sar a 10 ebrd"Sbta Raw 2s 39 SW « Raw 2b 41 SIA Rmr 3b 42 SW r � Raw 4a 42 Sbi Raw 4 b 43 SK . at.t• ' Raw 5 a 43 Skt Row 60 44 M Raw 5a 44&A Row 5h 45 SPA Wad — Raw 7m 45 Stb Total 5 Van Acem.HIC 10 DoNntbrd HfC PARKING LAYOUT 451 amaad Pw"Matt In order to prwlde mom deed on mt F 11 h"A im wand new wdad dpntly but ft tom to promm r en vw*u y p vMed Sat to oobr x4f 1 Y t ttah m ft dwWaWmto dnw the HIC piwi&q duk t>xtr,�e ADA COUNTY - SL3fal - -y JUN - 9 2010 IaS�MN _ DEVELOPMENT SERVICE 992'11.16" 249'9.55° 255'3.00" ' 88'0.00" � I --+H Drain ditch Spectator Parking W N N fh ..r High Pressure Gas Une Existing Access Driveway The location of this access will becentered thedrivcway on the South Side of Cherry Lane. The twodrive. swill be ADA COUNTY en ctered on each other. Ado Coun�ttyy Parcel W. 51204336200 JUN 0 9 2010 Cherry Lam DEVELOPMENT SERVICES ♦-Contestant Prep Area OPractice o Arena 100'0.00" Restroom Calf Chutes I Announcer's/TiMer's Stand I o •Arena en Concession I N Arta I Rough Stock Prm Bleacher I4'13 0.00M 0`0, Restroom,, Calf Pens Ticket Boo AD COU Ty D 9 Oi0 DEV PMENT SERVICES ** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY ** TI14E RECEIVED REMOTE CSID DURA V PAGES STATUS June 25 2010 10:09:32 AM MDT 208 463 8893 58 1 Received Jun 25 10 10.09a Don Carson (208) 463.8893 p 1 1 LIONS CLUB RODEO TEN MILE CREEK PROPERTY LINE 6' CHAIN LIW 11''�f'ff�ffifll�illi�' f�f'Ifllf PAR� CONTESTANT PARKING (40) a j L 1 -- --- -- ACCESS t1 - CHUTES 1 it it 1 1 \ 11 � 11 ARENA .ROUGH E .STOCSC� 11� , 15 HC/v PENS _ ACCE55 _ 3 •i ITS `i TTi 11T hTQY1 it'd,f1+t i ; to N� N1, �tu 1 11 'I I l f l 1 11�•��_ 1 O O' [L ' Zcr 9 _y�'c'�'{_at' I f '• 1 1 I I 1 I `,�1 Q l i i�ll'i!1 R-1 lilll I. ! It II 1 f i I i I 1-al ! '!"r,H !Mk.! 1 . ill 'I,II o-�i�,-Il'—i [1--1`Tf>T!I 1[• 1 t 11 '1 SO4 10'x20' PARKING STALLS';. ; PLUS 13 HC STALLS 25' DRIVE AISLES ` 4' CONC. DITCH t- .. -- -- -^ -------------- ----- CHERRY LANE HOUSE SCALE 1 "=200' Post-It'Fax Note 7671Q�p•� _ t>zov� Ta la u`A a u�KS tJ IJ ADA COUNTY CoMmt pt'-Mfk4b >JS JUN 2 5 2010 F'h-0 -7 oo Q''°"°" 3- 8Q3 F-" ? ? 6 Fax" DEVE!OPMENT SERVICES err 3 201000131-CV MERIDIAN LIONS CLUB BUILDING DIVISION MEMO DATE:6/23/2010 FROM: Bob McKinney,Plans Examiner II TO: Diana Sanders,Associate Planner SUBJECT:201000531 CU Meridian Lions Club Rodeo The building Division as In years past will require a building permit for a one time Inspection to Insure conformance with the established Fire and Life Safety criteria established in the 2005 submittals by Architect Byron Lee Smith and Engineer Darren Truchots'building permit submittals.The 2010 Inspection will be performed to the same standards as the previous years as established In 2005. This practice will continue until something changes such as new structures are added or modified.At that point this practice well be discontinued. E?QiMrr 4 201000331-CU MERIDIAN LIONS CLUB R D JUL 01 1010 AAA COUNTY D6Ur-i npMENT SEAM S 1503 FIRST STREET SOUTH NAMPA,IDAHO 83651.4395 FAX#208-A63-0092 Phones: Area Cods 208 1 July 2010 OFFICE: Nampa 466.7861 SHOP: Nampa 466-0663 Ada County Development Services 200 W Front St. Boise, ID 83702-7300 RE: 201000AI-CU/Meridian Lions Club Rodeo Dear Development Services: Providing no activities effect Nampa & Meridian Irrigation District's Ten Mile Drain or it's one hundred foot(100'); fifty feel (50') from centerline easement this will be acceptable to the District. Sincerely, A A C t-4 8 Gre Curtis Asst. Water Superintendent Nampa&Meridian Irrigation District GGdbg C: He-Office/Shop APPROXIMATE IRRIGABLE ACRES FXWBrr S RIVER FLOW RIGHTS•23,000 201000531-CU BOISE PROJECT RIGHTS•d0,000 MERIDIAN LIONS CLUB .. CENT DWRIICCT CENTRAL 01STRICT HEALTH DEPAk . MENT Return to: HEA� V E vironmental Health Division ❑� DIE m T 1' m JUL U Z010 �� ..Y, ❑Garden City Rezone # _ - ❑Meridan e Conditional Use ELOPMENT SERvlCES JI ��� /' yam U..+r GP✓S C Preliminary / Final / Short Plat Z D ❑1. We have No Objections to this Proposal. ❑2 We recommend Denial of this Proposal. ❑a Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑4. We will require more data concerning soil conditions on this Proposal before we can comment ❑5. Before we can comment concerning individual sewage disposal,we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑8. After written approval from appropriate entities are submitted,we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑10. Run-off is not to create a mosquito breeding problem, ❑1 I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑12 If restroom facilities are to be installed,then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 03. We will r uire plans be submitted for a plan review for any: Xfood establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations 9115. A—�—— - � l .�_Reviewed By: _ f Dater E CMrT 6 1572 IEHDsa 2MERIDIAN LIONS CLUB Review Sheet — — -- -- - IRS �. Sherry R.H IDer,President NC ■ Rebecca W.Arnold,Vice President John S.Franden,Commissioner Carol A.McKee,Commissioner Sarah M.Baker,Commissioner July 21, 2010 To: Meridian Lions Club Doug Beehler P.O. Box 266 Meridian, Idaho 83680 LZ Subject: 201000531-C U W. Cherry Lane. On July 21, 2010 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at(208)387-6171. Sincerely, Kristy Heller Planner I Right-of--Way& Development Services Ada County Highway District CC: Project file Ada County Development Services, City of Meridian, Don Carson Ada County H IghwayWilct•3775 Adams Strut•Garden City,ID•83714•PH 2O8.387-610D•FX 345-7650•www.aohd.ada.ld.us £XHD3rr 7 201000531-CU WRMIAN T inw.q rt TrR Right-of-Way&Development Services Department f ��1 i �ro.w.wr�`ul�o Satw�oa Project/File: 201000531-CU This is a conditional use application for the Meridian Lions Rodeo (commercial riding arena, equestrian events) on 29.586-acres. This site is located on the north side of Cherry Lane, east of the corner of Cherry Lane and McDermott Road in Ada County, Idaho. Lead Agency: Ada County Site Location: W. Cherry Lane Staff Approval: July 21, 2010 _ Owner: City of Meridian E. B 33 roadway Ave. Meridian, Idaho 83642 Applicant: Meridian Lions Club ` Doug Beehler ; P.O. Box 268 i Meridian, Idaho 83680 -- - Staff Contact: Kristy Heller Phone: 387-6171 = r� E-mail: khellerr0achdidaho.om Tech Review: July 14, 2010(via email) Application Information: Acreage: 29.586 Zoning: RUT(Rural-Urban Transition Zone) Proposed Use: Meridian Lions Rodeo A. Findings of Fact Existing Conditions 1. Site Information: The site has some structures onsite from prior temporary use approvals. 2. Description of Adlacent Surroundin Area: Direction Land Use Zoning North Rural-Urban Transition Zone RUT South Rural-Urban Transition Zone RUT East Rural-Urban Transition Zone RUT West Rural-Urban Transition Zone RUT 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site: • Adjacent to the site, Cherry Lane is improved with 2 travel lanes, 25-feet of pavement, and no curb, gutter, or sidewalk. There is 50-feet of right-of-way(25-feet from centerline). 1 201000531-CU • Near the site, McDermott Road is improved with 2 travel lanes, 28-feet of pavement, and no curb, gutter or sidewalk. 4. Existing Access: There is one defined access to this site off Cherry Lane. S. Existing Condition of Area Roadways: Roadway Frontage Functional Traffic Count Level of Speed Classification Service` Limit Cherry 995' Principal 7843 east of McDermott Road on Better 45 Lane Arterial 5/6/2010 than "C" MPH McDermott 0' Principal 592 north of Cherry Lane on 3/18/2010 Better 50 Road Arterial 480 south of Cherry Lane on 4/18/2001 than "C" MPH 'Acceptable level of service for a two-lane principal arterial roadway is"E'(14,000 ADT). S. Site History: ACHD staff previously reviewed this site for the Meridian Lions Rodeo, as a temporary use (200600214-TP, 200700167-TP & 200800151-TP) in September 2006, September 2007, and August 2008. There were no requirements at the time of the applications due to the application being a temporary use. Development Impacts 7. Trip Generation: This development is estimated to generate approximately 47 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual, 8w edition. During events, actual trip generation will be significantly higher. 8. Impact Fees: There will be an impact fee that Is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 9. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): There are no roads, Intersections, or bridges in the general vicinity of the development that are programmed for improvement in the current Five Year Work Plan. • Cherry Lane is listed in the Capital Improvement Plan (CIP)for corridor preservation to accommodate widening to 5-lanes in between McDermott Road and Black Cat Road. B. Findings for Consideration 1. Cherry Lane Right-of-Way Policy: District policy requires 96 feet of right-of-way on arterial roadways (Figure 72-FIB). This right-of--way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways(7204.7.2). , ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of--way acquisition, collector street requirements, and specific roadway features required through development. This segment of Cherry Lane is designated in the MSM as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, on-street parking and an 82-foot street section within 96-feet of right-of-way. Existing Conditions: Cherry Lane is improved to 2-lanes (25-feet of pavement), with no curb, gutter, or sidewalk within 50-feet of right-of-way. Applicant's Proposal: The applicant is not proposing any improvements on Cherry Lane abutting the site. 2 201000531-CU Staff Comment/Recommendations: Typically with this type of development application, the applicant would be required to dedicate 48-feet of right-of-way from the centerline of Cherry Lane, as well as construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the centerline of Cherry Lane abutting the site. However, due to the lack of improvements adjacent to the site, and the large amount of frontage on Chevy Lane (995-feet), staff recommends a modification of policy to allow the applicant to do one of the following: 1. Dedicate 48-feet of right-of-way from the centerline of Cherry Lane abutting the site and construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the centerline of the roadway abutting the site, or, 2. Dedicate 48-feet of right-of-way from the centerline of Cherry Lane abutting the site with no compensation in lieu of sidewalk construction. This site has also been designated as a future City of Meridian park. With a future development application, additional frontage improvements may be required. 2. Driveways Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Successive Driveway Policy (45 MPH): District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7207.9.3 restricts commercial and institutional driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Applicant Proposal: The applicant is proposing to utilize the 20-foot wide existing driveway onto Cherry Lane located 1,277-feet east of the intersection of McDermott Road and Cherry Lane (615- feet from the nearest existing driveway on the south side of the roadway). . Staff Comment/Recommendation: Staff recommends a modification of policy to allow the construction of one driveway onto Cherry Lane, as it meet's the intent of ACHD's Access Management policy, by providing sole access to the site; therefore, the applicant's proposal to utilize the existing driveway onto Cherry Lane should be approved, as proposed. The applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. This site has also been designated as a future City of Meridian park. With a future development application, access to Cherry Lane will be restricted. Although District staff is making a recommendation to allow the continued use of the existing driveway located 1,277-feet east of the intersection of McDermott Road and Cherry Lane with this application, the applicant should plan on 3 201000531-CU providing a combined access point for use by both the Meridian Lions Rodeo and the future park once the remainder of the parcel redevelops. 3. Landscaping Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. License Agreements: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 4. Other Access Chevy Lane is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway. C. Site Specific Conditions of Approval 1. The applicant will be required to do one of the following for Cherry Lane abutting the site. 1. Dedicate 48-feet of right-of-way from the centerline of Cherry Lane abutting the site and construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the centerline of the roadway, or; 2. Dedicate 48-feet of right-of-way from the centerline of Cherry Lane abutting the site with no compensation, in lieu of sidewalk construction. 2. Pave the existing 20-foot wide driveway located at the east property line its full width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane. 3. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site. 4. Other than the access specifically approved with this application, direct lot access is prohibited to Cherry Lane. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited fnim being located within any ACHD roadway dr right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number)for details. 5. Comply with the District's Tree Planter Width Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258(with file numbers)for details. 4 201000531-CU 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits),which incorporates any required design changes. 9. Construction, use and property development shall be In conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed Impact fee will be based on the impact fee ordinance that is in effect at that time. 11. It Is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585)at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 In the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its Intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan Is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. 5 201000531-CU Affachments _. 2. Site Plan 3. Utility Coordination 4. Development Process S. Request for «. • - Appeal Vicift .,w R-:r .a i0i Site Plan W nw e8'w dtt�n spawal Arm Prepto�t Gas I.Ens WOM AMM DOVOMY 'I'hs aPfhb bA ,. ADA OOUNTY am"LAM ORSDPMENT SERVICES 7 201000531-CU Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilises in budgeting and to clarify the already existing process. 1) Notification: Within five(5)working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated constriction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review:The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the casts and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification:The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstuction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. ' Nod/icadon to the Ada County UCC can be sent to:50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 8 201000531-CU [ Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do M of the following: ❑Send a"No Review"letter to the applicant stating that there are no site specific requirements at this time. []Send a"Comply With"letter to the applicant stating that if the development Is within a platted subdivision or part of a previous development appilcabon and that the site specific requirements from the previous development also apply to this development application. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission level report analyzing the impacts of the development on the transportation system and evaluating the proposal for Its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commisslon Level reports. ❑For ALL development applications,including those receiving a"No Review"or"Comply With"letter. • The applicant should submit two(2)sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: If there are no site Improvements required by ACHD,then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant Is required to get a permit from Constnrcdon Services(ACHD)for ANY work In the right-of-way, Including,but not limited to,driveway approaches,street Improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU R€MlrMM CorM;frU ion(Zone) ❑Driveway or Property Approach(s) • Submit a'Driveway Approach Requesr form to Ada County Highway District(ACHD)Construction(for approval by Development Services&Traffic Services). There is a one week turnaround for this approval. ❑Working In the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a'Temporary Highway Use Permit Application'to ACHD Constriction—Permits along with: a) Traffic Control Plan b) An Erosion&Sediment Control Narrative&Plat,done by a Certified Plan Designer,If trench Is>50'or you are placing>600 sf of concrete or asphalt. Consfrucdon(Subdlvls/ons) ❑Sediment&Erosipn Submittal , • At least one week prior to setting up a Pro Con an Erosion&Sediment Control Narrative&Plat,done by a Certified Plan Designer,must be turned into ACHD Construction—Subdivision to be reviewed and approved by the ACHD Drainage Division. ❑Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pro-Con being scheduled. ❑ Final Approval from Development Services ACHD Constivc Lion—Subdivision must have received approval from Development Services prior to scheduling a Pre-Con. 9 201000531-CU Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when It Is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the Interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is Initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that Is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, Identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall Include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall Include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, In whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 10 201000531-CU Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, Interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 201000531-CU Sign Posting Certification _ FDA QJUMT DBVE 1DPW2 VTSER VKM 2M w pant Spm.Unim.tmho s3 _.. M wv►►adawebset I�M7-7900 GENERAL DOORMATION: You must pcot dw propety at{east ten(IM days prior to the Wveeduled public hearing. M*CcMfic&dQn form must be subadtbad at{east wven(7)days pior to ft scheduled publk Aearirtg. Kam review SecOm B-M-i; of tte.Ads County Code for eD sign p w2b7g ruts. Fiease attach dated photographs ofe2ch sign with thecerdficstiort. PRC1HCT[NFONUWATION. I oczaim: Q 04 Township:3 Rmtp 1 >r Taos]Aces: 29.5 Pot Cd Nan= Meridian Lions ,l3adpe% lot; t3iodc; Tax ParedNWnbWs)&1 433fi9g0_ Meridian. D � _ b 51204336500 Fiia Number LAmo Fb*'cd. . APFUC.AN C -'_- pkqw draw a diagram of sip toaa"s)un the N Drumm A,ddmw P. b. 13iox 256 . zi TN ? Fax: 114 ! LtaC#i. . w I I mrtdy that ttte pupertyl was pried at;lead her(lire days prior to the m:hM Wed public wring and have hhtbc3hed 4:5 da bed plhowW aphs of each sign in=nrdarrm with Secticn 8.7A-5 of t1w Ada County Cade i fistiG lZ Sgmbim A castt) Fite July 30, 2010 s3o�n�3s lr�3w�o��n� ------ UFRaLWoNLr. oloz z - �nb "�__�_._ or- Wil- E)aiu3IT 8 10Io00331-CU MERIDIAN LIONS CLUB ADA COUNTY UBLIC HEARING NOTIC Ada CountyPlanningandZonin 'g Commissio ` UHEN Ada County Pianning and lonmg C is*n vdT hold a ppublic hea on August 12 20f 0 in the Commissioners Main Hearin Room#fm on r. s floor, 00 W.Main Street Base Idaho atW. PM. first Oo ,2 M , 'PURPOSE, To consider a request for a Contlttional Use Permit for ropeny ' McDermott Road for use as nomg area near the comer o�Ch�ry lane an d of Meridian and C'the ro and/or equestrian events on pro ei owned b y �+ operated by the Meridian lions Club. TION, The rT11 contains about 29,5 acres on the Nod side Road IOCA pet west of the intersecdon with McDemto ut herrylaneaboti o e is in se6on 04,Township 31 Range 1 West, he 201000531•CU MERIDIAN LIONS CLUB pon has been mn ro PPtICATiON BY eridian lions Club,Fot further A109 Y miffed by the M 190 EC. 2Q10 00531-'CU I ' ceders 12R1. **f BEFORE THE ADA COUNTY PLANNING&ZONING COMMISSION In re: Application of MERIDIAN LIONS CLUB Project No.201000531-CU FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT If any of these Findings of Fact are deemed Conclusions of Law,they are incorporated into the Conclusions of Law section. A. The Commission finds that the record is comprised of: 1. Exhibit 1 to the Staff Report. 2. Exhibit A to the Findings of Fact, Conclusions of Law and Order. 3. All other information contained in Ada County Development Services File for Project No. 201000531-CU. B. As to procedural items,the Commission finds the following: 1. In accordance with Section(s) 8-6-3A/8-7-3A2/8-7AA 1 of the Ada County Code,the applicant completed a pre-application conference with the director prior to the submittal of the application on June 9, 2010. 2. In accordance with Section 8-7A-3 of the Ada County Code,the applicant held a neighborhood meeting on April 17, 2010. 3. On June 9,2010,Project#201000531-CU was submitted to Development Services and scheduled for public bearing before the Ada County Planning and Zoning Commission on August 12,2010. 4. On June 22, 2010, staff notified other agencies of this application and solicited their comments. Any comrneuts received were incorporated into the staff report and are arieched in the Exhibit List. 5. On July 9,2010,property owners within 3 00 feet of the site were notified of the hearing by mail. Legal notice of the Commission's hearing was published in The Idaho Statesman on July 27,2010. 6. Notices of the public hearing were posted on the property on or before August 2,2010 and a certification sign posting was submitted to the director on or before August 5,2010. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER 20100053ICU,MERIDIAN LIONS CLUB Page 1 C. As to the project description,the Commission finds based on the application materials found in the file for Project No. 201000531-CU the following: 2. PROPOSED USES—Riding Arena, bucking chutes,bleachers,fencing,and announcer stand for Meridian Lions Rodeo, riding groups,High School rodeo clubs,Team ropers, Barrel Racers,and Reining. 2. PROPOSED STRUCTURES—Announcer Stand and Bleachers. 3. PROPOSED SITE IMPROVEMENTS-400 Pairing spaces including ADA parldng,trailer parking and dust abatement. D. Based on the materials found in the file for Project No. 201000531-CU, the Commission finds the following concerning the project description: l. PARCEL NUMBER AND LOCATION— The subject property is identified as Ada County Tax Parcels S 1204336450 and S 1204336500. The site is located at 6054 W. Cherry Lane in Section 04,T. 3N., R. 1W.,Meridian,Ada County, Idaho. 2. OWNERSHIP—The property is owned by the City of Meridian. 3. SITE CHARACTERISTICS Property size—Parcel S 1204336450 contains approximately 17.659 acres. Parcel S 1204336500 cvatains approximately 11.927 acres, Existing structures—Bleachers and an announcer stand. Existing vegetation—There is no vegetation currently on site. Slope-The property is virtually flat. Irrigation-It appears that surface irrigation water is available to property. Drainage-There do not appear to be any drainage facilities located on the property. Views-The site has clear views in all directions. E. Based on the officially adopted Ada County land use maps,the Commission finds the following concerning the current land use and zoning: The subject property is currently un-improved. The site is currently zoned Rural-Urban Transition (RUT)District. F. Based on the officially adopted Ada County land use maps,the Commission finds the following concerning the surrounding land use and zoning: North: The property to the north is zoned Rural-Urban Transition(RUT)District and is unimproved land. South The property to the south is zoned Rural-Urban Transition(RUT)District with a single- family residence and unimproved sand. East: The property to the east is zoned Rural-Urban Transition(RUT)District and is unimproved land. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER 201000531CU,MERIDIAN LIONS CLUB Page 2 West: The property to the west is zoned Rural-Urban Transition(RU71)District with a single- family residence and unimproved land. G. Based on the officially adopted Ada County land use maps and materials found in the file for Project No.20100053 1-CU,the Commission finds the following conceming services: Access Street and Designation: Official access to the subject property is provided from W.Cherry Lane(Principal Arterial). Fire Protection: The Meridian Fire District provides fire protection service to the site. Sewage Disposal: The property is within the Meridian Municipal Sewer District. Water Service: The property is not within a Water District. Irrigation District: The property is within the Boise Project Board of Control and Nampa &Meridian Irrigation District. Drainage District: The property is not located within the jurisdictional limits of any of the established drainage districts. H. As to the applicable law,the C omission finds the following- This section details the comp plan goals,objectives and policies;the zoning ordinance regulations;and otber applicable standards regarding development of the subject property. 1. The Commission finds the City of Meridian Comprehensive Plan is applicable because the property is within the City of Meridian's Area of Iurpact.The Commission finds the application complies with the City of Meridian's Comprehensive Plan because: Meridian's Future Land Use Map designates the area as Low Density ResidentiaUCivic. The City of Meridian's Comprehensive Plan permits recreational uses that arc compatible with agricultural pursuits in the rural areas. 2. The Cmrunission finds Title 8,Chapter 5,Article B of the Ada County Code is applicable as this application includes a request to establish a murmervial stable,riding arena in a residential base district,which requires conditional use approval.The required findings for approval of a conditional use permit are set forth below in italics text,followed by the Commission's findings: 8-5B-5: REQUIRED F7NDIIVGS: A. The proposed use is not detrimental to the public health, safety, or welfare; The Commission finds that the proposed use will not be deuirnertal to the public health, safety or welfare because of the follow reasons: a. The proposed conditional use will be required to comply with all county,state,and federal regulations; b. The proposal has been ttansnnmd to public agencies such as fire,police,and emergency service providers,and no cnmments have been received indicating concern with impacts to health, safety or welfare; c. The proposal complies or is conditioned to comply,with the specific use standards found Title 8, Chapter 5 of the Ada County Code as described below;and FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER 20100053ICU,MERIDIAN LIONS CLUB Page 3 B. The proposed use shall not create undue adverse impacts on surrounding properties; The Commission finds that the proposed use will not create undue adverse impacts on surrounding properties because of the following: a. The use is restricted to daylight hours,due to the fact that there are no utilities on site. Portable temporary ligbting for the safety of vehicles leaving the premises after sundown and will comply with ACC 84H.The applicant is proposing events that will primarily be on weekend days,with some will events during the week by riding groups for practice sessions. Typically the events will be held from April to October, b. Outdoor storage areas associated with the use will be required to screened from view; c. The use will be setback 100 feet from adjacent property;and d. The use will be subject to the noise ordinance and comply with ACC 84A-15.The applicant is proposing a 150 watt amp with six speakers for the announcer and background music. e. The applicant will provide for weed control on the property. C. The proposed use is consistent with the applicable comprehershm plan; The Commission finds that the proposed use is consistent with the applicable comprehensive plan because of the following reasons: a. According to the official zoning maps adopted by Ada County,the subject property is located within the City of Meridian Area of City Impact;thus the City of Meridian Comprehensive plan is applicable when considering development of the site; b. The subject property is designated as Low Density Residential with a civic overlay for a park on the 2010 City of Meridian Future Land Use Map; c. The proposed use,a stable,riding arena commercial,is agricultural in nature and meets the inter of the Residential zoning designation idm ified in the Future Land Use Map. D. The proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this chapter, 1. The Commission finds the following concerning compliance with the applicable base district purpose statsrncrit: a. The existing use and associated improvements as highlighted above,are ccnsi t. with the goals and policies of the applicable comprdumsive plan; b. The proposal will not preclude adja agricultural and rural uses from continuing;and c. As the proposed use is limited in the use as a conmwmial riding arena,the subject property has the potential for fixture redev in accord with the applicable comprehensive plan once urban public services are available. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER 201000531CU,MERIDIAN LIONS CLUB Page 4 3. The Commission fiords that,as conditioned,the proposal complies with applicable specific use stndards found in ACC 8-5-3-107 of the Ada County Code because of the following: A. The establishment is deemed commercial and requires a conditional use approval because the riding arena is open to the general public and clubs. Spectator seating is for more than fifty(50)as identified as bleachers on the master site plan as well as a concession's area. B. The applicant submitted a parking plan for four hund eighty-one(481)standard parking spaces,ten(10)ADA parking spaces, five(5)ADA van accessible parking spaces,and forty(40)contestant parking space allowing for horse trailer parking.The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane.No paring signs will be placed along Cherry Lane and McDermott Road during the rodeo,due to the number of spectators. Traffic carrttol attendants will be used as needed to avoid congestion,The parking area will be packed and watered prior to and during events as needed to keep the dust to a minimum.The Ada County Engineer has reviewed the plan and is rawramaWing that the paring area not be paved at this time. If the dust becomes a problem the applicant will be required to address the problem. C. The minimum property size for commercial stabletriding arena is five(5)acres.The property cvrready contains thirty-nine(39)acres. D. The applicant is not proposing catering with this application. E. The proposed use complies with all applicable county ordinances; The Commission finds that the proposed use complies with all applicable County ordinances- F. The proposed use complies with all applicable state and federal regulations; The Commission fiords that the prvpcised improvements will be restricted by the conditions of approval to comply with all applicable State and Federal regulations. G. The proposed use and facilities shall not impede the normal development of surrounding property;and The Commission finds that the proposed improvements will not impede the normal development of surrounding property because the proposed use is agricultural in nature and the surrounding property has already been developed with rural uses. H. Adequate public and private facilities such as utilities,landscaping,parking spaces, and traffic circulation measures are,or shall be,provided for the proposed use. The Commission finds that the nature of the proposed use will not place a large demand on public and private facilities. The applicant is providing four hundred eigbty-one(481)standard parking spaces,ten(10)ADA parking spaces, five(5)ADA van accessible parking spaces,and forty(40)Mint parking space allowing for horse trailer paring.The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane.No FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER 20100053ICU,MERIDIAN LIONS CLUB Page 5 parlring signs will be placed along Cherry Lane and McDermott Road during the rodeo,due to the number of specWars.Traffic cool will be used as needed to avoid aaugmtim-The padang area will be packed and watered prior to and during events as needed to keep the dust to a minimum. No activities will continue past dark,due to the lark of electricity to the site. The applicant will be required to provide portable rummc m►facilities and comply with all Central District Health Requirements.ACHD has approved one access on Cherry Lane,which will need to be 20 wide and 30 feet into the site beyond the edge of pavement of Cherry Lane. The applicant has requested the landscaping be waived until services are available.Weed control measures will be taken by the City of Meridian CONCLUSIONS OF LAW If any of these Conclusions of Law are deurned to be Findings of Fad they are incorporated into the Findings of Fad section. 1. The Commission concludes that Project No 201000531-CU complies with the City of Meridian's Comzprehmsive Plan. 2. The Commission concludes that Project No.201000531-CU complies with Article 8-5B of the Ada County Code. 3. The Commission conchudes that Project No. 201000531-CU complies with Article 8-5-3-107 of the Ada County Code. ORDER Based upon the Fn of Fad and Caadrskm of Law oaatained beret the Caninnsaion approves Project# 201000531-CU,subject to the Camoditiams of Approval attached as Exbibit A. DATED this 12&day of August,2010. By;_ Acting Chairpers n „ Commission ATTEST: Mark erfect, Secretary FMINGS OF FACT,CONCLUSIONS OF LAW AND ORDER 20100053ICU,MERIDIAN LIONS CLUB Page 6 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE APPROVAL REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF FILE#201000531-CU WILL BE CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL AUGUST 12,2011 TO COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN A ZONING CERTIFICATE UNLESS A TIME EXTENSION IS GRANTED. SEE SECTION 8-7-6 OF THE ADA COUNTY CODE FOR INFORMATION ON TIME EXTENSIONS. IF A BUILDING PERMIT IS REQUIRED,THE ZONING CERTIFICATE SHALL BE ISSUED WITH THE BUILDING PERMIT. THIS APPROVAL SHALL BECOME VOID IF A VALID ZONING CERTIFICATE HAS NOT BEEN ISSUED BY THAT DATE. SITE IMPROVEMENTS ARE NOT ALLOWED UNTIL THE ZONING CERTIFICATE HAS BEEN ISSUED. 1. The applicant and/or owner shall obtain written approval of the development(site plan and/or use) from the agencies noted below. All site improvements are prohibited prior to approval of these agencies. a) The Meridian Fire District must approve all fire flow requirements and/or building plans. b) The Nampa&Meridian Irrigation District must approve all modifications to the existing irrigation system. c) Ada County Highway District must approve the construction of the driveway approach for proper ingress and egress of the development site. The verification must be on agency letterhead referring to the approved use. 2. A Building Permit for a one time inspection is required prior to the use of the bleachers.Please contact the County Building Official at 364-2277 for fee and application information.The design and construction of the development shall comply with the approved and stamped master site plan and the Ada County Code. 3. Once construction is complete,the applicant shall request a zoning compliance inspection from the Development Services Department. Staff will check for compliance with the approved master site plan.The Director must approve any modification and/or expansion to the master site plan. See Section 84E-3 of the Ada County Code. TERMS OF APPROVAL.THE FOLLOWING TERMS MUST BE COMPLIED WITH AT ALL TIMES OR YOUR APPROVAL MAY BE REVOKED. 4. A zoning certificate and/or a building permit may not be issued until 15 days after the Commission issued the written decision on the proposed development. In the event the decision of the Commission is appealed,the building permit may not be issued until the appeal is resolved in favor of the proposed development. See Section 8-7-7 of the Ada County Code for more information on appeals. 5. The use must comply with all Central District Health requirements. 6. The Director must approve any modification and/or expansion to the conditional use. See Section 84E-3 of the Ada County Code. 7. The use must comply with the specific use standards for commercial stable and riding arena in Section 8-5-3-107 of the Ada County Code. 8. Americans with Disabilities Act(ADA)paridDg shall be provided and located so as to provide the CONDMONS OF APPROVAL 20100053 1-CU,MERIDIAN LIONS CLUB Exhibit A Page 1 EXHIBIT A shortest route of travel from adjacent parking to an accessible entrance. 9. The applicant must comply with the submitted site plan and parking plan, submitted June 9, 2010 and June 25, 2010. 10. A minimum of 410 standard parting spaces, 40 contestant parking spaces, five ADA van accessible parking spaces and 10 ADA compliant parking spaces shall be required for the proposed event as shown in Exhibit 44. 11. The temporary use shall comply with the design and dimensional standards of the Rural-Urban Transition(RUT)District,unless otherwise specified. 12. As approved by this action, the site shall be limited to the placement of temporary structures as permitted subject to the regulations of Article 8-41. 13. No irrigation and/or drainage water shall be impeded by any construction on site. 14. The property must be managed and maintained consistent with the standard regulations in Title 8, Chapter 4, Article A of the Ada County Code. Please note that this Article contains specific regulations regarding the accumulation of junk,atmospheric emissions, construction sites, hazardous material storage,outdoor public address systems,outdoor storage of chemicals and fertilizers,transmission line corridors, and utilities. 15. Any lighting on the site shall comply with the lighting regulations in Title 8, Chapter 4,Article H, of the Ada County Code. 16. The use must comply with the noise regulations in Ada County Code,Title 5, Chapter 13. 17. The property must comply with the nuisance regulations in Ada County Code,Tide 5, Chapter 9. CONDITIONS OF APPROVAL 201000531-CU,MERIDIAN LIONS CLUB Exhibit A Page 2 Exhibit B We Serve. Mike Barton Meridian City Parks and Recreation Department 33 E Broadway Ave. #206 Meridian, Idaho 83642 Dear Mike, Meridian Lions Club will assign the 10/6/15 license agreement to the Treasure Valley Lions Club effective February 1, 2023. With this action the Meridian Lions Club's name will be removed from the above noted lease and Treasure Valley Lions Club's name will now be on the lease and responsible for all future business with Meridian Parks and Recreation. Should you need any more information, please let me know. Sincerely, Tom Shores Meridian Lions President E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 23-2373: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Amending Standard Operating Policy Number 4.1 and Standard Operating Procedures Number 4.1 Concerning Holidays; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2373 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL BY AMENDING STANDARD OPERATING POLICY NUMBER 4.1 AND STANDARD OPERATING PROCEDURES NUMBER 4.1 CONCERNING HOLIDAYS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Council approved the City of Meridian Standard Operating Policy and Procedure Manual in 2022; and, WHEREAS the City Council may amend the City of Meridian Standard Operating Policy and Procedure Manual from time to time as necessary; and, WHEREAS the City Council now desires to amend Standard Operating Policy Number 4.1 and Standard Operating Procedures Number 4.1, which pertain to holidays; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Standard Operating Policy Number 4.1 and Standard Operating Procedures Number 4.1, which are contained within the City of Meridian Standard Operating Policy and Procedure Manual, are hereby amended as set forth in Exhibit A, which is attached hereto and incorporated herein. SECTION 2. This Resolution shall be in full force and effect on February 15, 2023. ADOPTED by the City Council of the City of Meridian, Idaho, this 141h day of February, 2023. APPROVED by the Mayor of the City of Meridian, Idaho,this 14th day of February,2023. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL BY AMENDING STANDARD OPERATING POLICY NUMBER 4.1 AND STANDARD OPERATING PROCEDURES NUMBER 4.1 CONCERNING HOLIDAYS;AND PROVIDING AN EFFECTIVE DATE EXHIBIT A C%/-WER,l � J-.� City of Meridian Standard Operating Policy Number 4.1 Holidays Purpose: To set forth the policy regarding holidays observed by the City and related leave and compensation pertaining to holidays. Policy: The City shall provide paid holidays to all eligible employees who are in a paid status the day before and the day after the holiday. Represented Fire employees holiday benefits and related leave and compensation are covered under the collective labor agreement. Holiday pay will be equivalent to the employee's regular work schedule. Holiday pay will not be given to employees taking any unpaid leave time the day before or the day after a holiday. Holidays must be observed on the City's designated holiday. Individual exceptions must be approved by the department director. Eligible employees shall be granted up to eleven paid holidays per year. Emergency service personnel or others required to work on holidays shall be compensated for holiday hours as outlined in the Holidays Standard Operating Procedures. This policy shall be implemented pursuant to the Holidays Standard Operating Procedures. Authority& Responsibility: Payroll shall work in conjunction with Human Resources to ensure proper tracking and payment of holiday hours for employees, including special arrangements for emergency service personnel or others required to work on holidays. Revision Date:02/15/2022 C%/-WEKI � � City of Meridian Standard Operating Procedures Number 4.1 CHANGES TO THESE PROCEDURES REQUIRE COUNCIL APPROVAL Holidays Purpose: To set forth the City's procedures regarding the holidays observed by the City and related leave and compensation pertaining to holidays. Procedures and Related Information: I. Holidays A holiday is a day of exemption from work, granted to eligible employees as if they had actually worked.The City observes eleven (11) holidays with pay during the calendar year: 1. New Year's Day (January 1) 2. Martin Luther King,Jr's Birthday/Human Rights Day (3rd Monday in January) 3. President's Day(3rd Monday in February) 4. Memorial Day (Last Monday in May) 5. Juneteenth (June 19) 6. Independence Day(July 4) 7. Labor Day(V Monday in September) 8. Veteran's Day(November 11) 9. Thanksgiving (41h Thursday in November) 10. Day after Thanksgiving 11. Christmas Day (December 25) II. Holidays must be observed on the City's designated holiday; no individual exceptions will be made based on work schedule or other leave considerations without department director approval III. Holidays Occurring on Saturday or Sunday Generally, holidays falling on a Saturday are observed on the preceding Friday; those falling on Sunday are observed the following Monday. In celebrating the above holidays, all City offices and departments will be closed with the exception of those departments responsible for wastewater and emergency service. IV. Holiday Compensation for Shift or Compressed Workers A. For employees working shifts of nine (9),ten (10), or more hours per day, a maximum of (eleven) 11 holidays per calendar year will be given at the employees scheduled work hours. Shift or compressed workweek employees are paid holiday pay at his/her assigned work schedule. Revision Date:02/15/2022 B. Employees may not alter their assigned work schedule during a holiday week without department director approval. V. Compensation for Holidays A. Non-Shift regular full-time employees are paid for eight (8) hours of holiday pay for each holiday up to a maximum of eleven (11). C. Part-Time, temporary and seasonal employees are only paid for hours worked. D. An employee who is assigned to work on a recognized holiday will be paid for hours worked on the holiday at the regular rate of pay holiday pay at straight time for his/her assigned work schedule. For example, if a non-shift employee is regularly scheduled to work on Wednesday, December 25, and is assigned to work three hours on that day, he/she would be paid for a total of eight (8) hours of holiday pay plus three (3) hours of straight time pay,for a total of eleven (11) hours of pay. If a shift employee is regularly scheduled to work on Wednesday, December 25,for their normal ten (10) hour shift, he/she would be paid for ten (10) hours of holiday plus ten (10) hours of straight time pay,for a total of twenty(20) hours of pay. VI. Holiday and Leave Status A. Employees who are on leave status (vacation, sick, personal,worker's compensation, military duty, FMLA, etc.) are not eligible for additional holiday pay. For example, if an employee is on vacation leave during the week of December 23 through December 27, that employee's pay would reflect four(4) days of vacation leave and one (1) day of holiday pay. Holidays falling within approved leave time will not be counted as part of the leave time. B. Holiday pay will not be given to employees taking any unpaid leave time the day before or the day after a holiday. C. Employees terminating their employment may not use accrued leave to extend their separation date for the purpose of receiving holiday pay or other benefits. VII. Represented Fire Employees Holiday leave for represented Fire employees shall be governed by the provisions of the collective labor agreement. Revision Date:02/15/2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed 2023 Lakeview Golf Course Fee Schedule of the Meridian Parks and Recreation Department Mayor Robert E. Simison E IDIAN� Joe BoCity Council Members: rton John Overton Liz Strader Jessica Penrreault A H O Brad Hoaglun Luke Cavener MEMORANDUM TO: Mayor Simison and City Council FROM: Jake Garro,Facility Manager DATE: January 26, 2023 RE: Lakeview Golf Course 2023 Fee Schedule Background: On 12-6-22,we had a discussion with Council requesting certain changes to the fees we charge at Lakeview Golf Course. These changes are listed below. We received direction from Council to notice and bring these fees back with a resolution for adoption. On the following page you will find our current fee schedule along with the proposed new fee schedule. New/Adiusted Fees: • Trail Fees—This is the fee charged for using your own art or using the course carts an unlimited number of times. o Proposal—Reduce the"use your own cart"trail fee by 50%from$580 to$290. Using the courses carts would remain unchanged. • Annual Passes o Proposal-Institute anew"non-resident"fee of 10%added to all pass categories. • Winter Rates—The current price reduction for winter play does not discount all groups. o Proposal—Reduce rates $4 per 18 hole and$2 per 9 holes from 11-15 to 2-28 across all offerings. • Greens Fees o Increase all greens fees(except passes)by 4%. • Cart Fees o Increase cart fees by$2 per 18 holes and$1 per 9 holes per player. • Range Fees o Increase fees for large and small buckets of balls by 10%. The Private Cart Trail Pass is a reduction of price. Upon adoption of this fee,refunds will be given to those customers who have already purchased this pass at$580. Council Action: Approve new fees for Lakeview Golf Course as discussed on 12-6-22. b � ti x wcr fAV) Gnr nc� � GG H GG GG GG cr P O O P Er".MIA A A ^ ^ ^fn A A A A ^ w o n n o o o o () 1 ^ p (? () p n rlO lIy I A' -3 3 0 � -� aa. a o. � O N O O N _ !` �,' O O r Q kO o C C 7d ro o `eF� �`Ce• I I �Ch• �, rn �n I I O O F. F. ono F. 00 O o o y a o 0 00 W A� O. 00 tr. 00 w 4 o tr o Is p Q /� ro 0. wA I l 1 w a G. R. �i'� G� C �' w N C C3 N A H A O m Off. t�'I N r O p m A G rt rl N p o PCPo a p � o o r, p Op a N N r N N r " V1 S/1 V1 ._ 00 00 N V� *. D � O O0 N . fn N N V1 N VI Vl Vl V1 N to)w Vl i/1 Vl V! N M 00 DD %O N A �D A A A %O A .L- V! N N N �--� N W Vi N N N W rn' �D�O �D p P �O 10 �D i0 N W �-• O, �-• �o �O r+ O} b b b A O oo P. O O O O O O O O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In O O O P 0 0 0 0 0 O O O O O C. O C. O O C. O O O O C. O O O O O O C. O go IQ a a �. .0 Is o. a s CL w � w A o. 0 1 1 m m O A A yn ro n n _ y w w �. w w .P. N w w w w O G3 tr N A cO 00 cO b � -a ` ra rn r, rn A A rn tii r* I I N o 0 0cr o 0 0 0 0 1 n 0 y 0 O C 0 y O 1 W� �, w N �. 10, N N p go 0 I I Oa G w^r 0 C] e, 1 r. V. w Cl. A N G. G. d R c rr v a 2 �i ? .. N ell a c. n 15 . IIA w .py-+. ^ Q. B ^ R p G C C � ^ w w N o o a w O 0 O �r+ N 00 N 00 N %D W %D (n V) in Vl V! Vl Vl Vf Vf VI v Vl Vl VI V1 A �D W 00 0% Ch �--• V� V V N �--• V! i--• �--• W �--• ►+ W i--, •-. N N N W S,� d000 00 0d OO O OOdO00vi v� 0 Odd0000 �p 0 0 0 0 O O O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho,that the City Council of the City of Meridian will hold a public hearing at 4:30 p.m.,on Tuesday, February 14,2023,at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,regarding proposed new fees as set forth below. Further information is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory,visual, or language accommodations,please contact the City Clerk's Office at(208) 888-4433 at least 48 hours prior to the public hearing. Proposed new fees: Lakeview Golf Course—Green Fees New Fee Weekday— 18 holes $35.00 Weekday—9 holes $25.00 Weekday Senior— 18 holes $29.00 Weekday Senior—9 holes $22.00 Weekday Junior— 18 holes $15.00 Weekday Junior—9 holes $10.00 Weekend— 18 holes $40.00 Weekend—9 holes $30.00 Weekend Junior— 18 holes $16.50 Weekend Junior—9 holes $11.50 Twilight $30.00 Cart— 18 holes $18.00 Cart—9 holes $12.00 Cart Trail $14.00 Range Token— Small Bucket $7.00 Range Token—Large Bucket $13.00 Lakeview Golf Course: Non-Resident Golf Pass Fees Non-Resident Single—Unlimited $1,925.00 Non-Resident Single—Restricted (anytime on weekdays; afternoons only on weekends and holidays) $1,375.00 Non-Resident Couple—Unlimited $2,970.00 Non-Resident Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,255.00 Non-Resident Senior/Military—Unlimited $1,815.00 Non-Senior/Military—Restricted (anytime on weekdays; afternoons only on wee $1,265.00 Non-Resident Senior Couple—Unlimited $2,860.00 Non-Resident Senior Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,145.00 Non-Resident 1/2 price $582.00 Non-Resident Junior—add on $330.00 Private Cart Trail Pass $290.00 Winter Rates: November 15 through February 28. $4.00 off for 18 holes, $2.00 off for 9 holes all daily offerings. Weekend Rates are defined as Friday, Saturday, Sunday and Holidays. DATED this 4th day of February, 2023. Chris Johnson, CITY CLERK PUBLISH on February 4, 2023 and February 11, 2023. E IDIAN.;--- Public Presentations and Documents t S� 1 I 7 My Comments on the Public Hearing on Lakeview Golf Course Fees February 14,2023,Hearing According to golf industry experts,from 2006 to 2021 the number of golfers decreased from 30 million to 25 million actual on-course golfers.Many golf industry experts attribute the reduction to the increasing cost of playing the game.Annual passes and green/cart fees are a large reason behind the reduction. Even though golf Increased during COVID,many predict the downfall in numbers will begin anew.During COVID,golf was a safe haven and with other money-spending activities curtailed or unavailable,golf was affordable. Now however,with all activities almost back to normal,it remains to be seen where the numbers end up. Meridian is an anomaly , having seen its population increase around 50%,from 80,000 ten years ago,to 126,000 last July.This is undoubtedly a big factor in the increased golf numbers at Lakeview. i I Lakeview golf course,a municipal course,has seen some recent investment and much needed improvements such as cart paths,sprinkler system installation,tree pruning,etc.,that make it closer to merely an average golf course. The proposed reduction in"trail fees"is quite fair given the last ten years of overcharging by previous management.The irrigation Investment will pay off in time,but currently,it is debatable that the course is worth the proposed green and pass fees,let along those for much less.. 2023 fees could be paid at 2022 rates before the end of the year which I and numerous others took advantage of. 1 paid$1149 for my senior restricted pass which was good for Mon-Fri and after 12 on weekends,Sat-Sun.The trail pass was an exorbitant$580, The proposed fees listed in the public notice will increase my fees in particular to$1,375 from the$1,1491 paid and with a reduction in the trail pass,it will remain close to late fall 2022 discounts.Those fees in my mind are still too high and trending upward to play on a golf course with fairways that may not be even average for a couple years or more,bunkers that contain mostly decomposed granite that cuts into the bottom of your wedges,several tee boxes that still are not flat.The bunkers need actual sand and a drainage system as they are mud bogs after the sprinklers are on or a rain. I propose that all annual passes,including the one I play under,should be reduced 20%.My reasoning is you have now redefined the definition of weekend.Your proposal has reduced my/our ability to play early golf from five days a week down to four, hence the call for a 20%reduction.The hearing noticed redefined weekends to include Friday. In the past,a weekend was defined as Sat-Sun and both included holidays. This is not a fair proposal at all. Also,holidays need to be defined. Finally, in reading the public hearing notice,all proposed fees are listed as"non-resident"which would lead almost any reviewer to surmise that you have a set of"resident fees"in mind.If so,what are the proposed resident fees? Thank you for considering my input. en PaImPPPPtose 2625 N.Waggle Pl. Meridian, ID 8364 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 22-2367: A Resolution Adopting the 2023 Lakeview Golf Course Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2367 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on February 4, 2023 and February 11, 2023, according to the requirements of Idaho Code section 63-1311A, on February 14, 2023 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the fees set forth in Exhibit A hereto are hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 14th day of February, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 14th day of February, 2023. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF GOLF COURSE FEES PAGE I OF 2 EXHIBIT A Lakeview Golf Course—Green Fees New Fee Weekday— 18 holes $35.00 Weekday—9 holes $25.00 Weekday Senior— 18 holes $29.00 Weekday Senior—9 holes $22.00 Weekday Junior— 18 holes $15.00 Weekday Junior—9 holes $10.00 Weekend— 18 holes $40.00 Weekend—9 holes $30.00 Weekend Junior— 18 holes $16.50 Weekend Junior—9 holes $11.50 Twilight $30.00 Cart— 18 holes $18.00 Cart—9 holes $12.00 Cart Trail $14.00 Range Token— Small Bucket $7.00 Range Token—Large Bucket $13.00 Lakeview Golf Course—Golf Pass Fees Non-Resident Single—Unlimited $1,925.00 Non-Resident Single—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $1,375.00 Non-Resident Couple—Unlimited $2,970.00 Non-Resident Couple—Restricted (anytime on weekdays; afternoons only on weekends and holidays) $2,255.00 Non-Resident Senior/Military—Unlimited $1,815.00 Non-Senior/Military—Restricted (anytime on weekdays; afternoons only on weekends and holidays) $1,265.00 Non-Resident Senior Couple—Unlimited $2,860.00 Non-Resident Senior Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,145.00 Non-Resident '/2 price $582.00 Non-Resident Junior—add on $330.00 Private Cart Trail Pass $290.00 Winter Rates: November 15 through February 28. $4.00 off for 18 holes, $2.00 off for 9 holes all daily offerings. Weekend Rates are defined as Friday, Saturday, Sunday and Holidays. ADOPTION OF GOLF COURSE FEES PAGE 2 OF 2 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Community Development: Locust Grove and Amity Intersection Feedback Request Mayor Robert E.Sirnison E ID City Council Members: Brad Hoaglun Jahn dverton ci Joe Borton Jessica Perreault IAN-1-1-11 Luke Cavener Liz Strader February 8,2023 Alexis Pickering Commission President Ada County Highway District 3775 Adams Street Garden City,ID 83714 RE:Locust Grove and Victory Intersection Design Meridian appreciates the continued improvements of transportation facilities in and around the City.One such project is the Locust Grove and Amity intersection.This intersection is important to accommodate ever growing east-west and north-south trips,for increasing bike and pedestrian connectivity in the area,and to better support the Mary McPherson elementary school to the west.Locust Grove is a critically important corridor for not just the residents of Meridian,but also those arriving in Meridian from Kuna to the South. As Kuna continues to see heavy development activity east of Ten Mile Road,the Meridian Road corridor is no longer seeing strong demand only at peak hours but throughout the day and including weekends.Traffic bound for or originating in Kuna is not just commuters,but also freight trips that compound congestion and reduce operational efficiency.Without approved plans or funding to otherwise improve virtually any aspect of the Meridian Road corridor,Locust Grove is increasingly important for those trips crossing the interstate and not bound for an Interchange.) — Commented[CH1]:I like this paragraph,but it does make the letter pretty long.Maybe remove? As the followingma illustrates,one of the Census Blocks in Meridian 160010103211 which Commented[BMZBl]:Robert,this paragraph o context 1� � � for the map and ro support the idea that if we want to actually includes Scentsy,Blue Cross,and other large employers,is the single most dominant Census plan for what we want,and not just let the magical travel Block to Census Block destination for Kuna workforce trips.These worker trips will natural) demand model tell us 't g we get,then we have to try and 1> 1> y influence that.ITD isn't going to do anything,has no plans too, seek to avoid the congested interchanges at Meridian and Eagle when possible.This behavior so what can we do with ACHD. should be encouraged to reduce needless impacts of pass-through traffic near the 1-84 ramps. It is long though.Good paragraph to delete if you want to This is all the truer when there are also no lane expansions or other bridge rehabilitation reduce. improvements planned for the Eagle Road interchange. Mayor's Office . 33 E.Broadway Avenue,Meridian,ID 83642 Phone 208-884-0529 . www.meridiancity.org Legend 1_ _ 1 _G l ©Miles County Border - _r _,__s -- ^ �' May 2022 r Meridian Area of Impact Dominant Kun❑ - ® Workforce Block Group Destination 1ERIDIAN sois� i' ,- Cities Block Group Point Block Group - Commute s ion Intensity(by size) 1 � I I I� �I I ' KUNA 1 Note:Map does not show routes, only general origin-destination of 30 or more workers from all Kuna Census Block Groups.Data is from the 2019 Census LEHD,LODES data set. The City of Meridian has advocated for years to preserve the Locust Road corridor south of Victory for 5-lanes.While not all of the necessary right-of-way has been preserved,the opportunity still exists to plan for a 5-lane facility.Unlike other corridors such as Ten Mile north of Cherry Lane,which was not adequately preserved for and wiped out many neighborhood landscape buffers,there is still a combination of undeveloped properties,city owned property, and additional open space that may accommodate future widening without entirely wiping out neighborhood identities. This project at Locust Grove and Amity was originally to consider an additional southbound approach on the north-leg.This could have been a right-turn only lane(heading west on Amity), or some type of future bypass lane in the same direction.This was due to the traffic demand model showing failure in this future leg.However,these options were removed from the project design primarily due to right-of-way costs and impacts to existing stakeholders.Regardless of the model,additional capacity north is important to alleviate interchange impacts given other limited State programmed improvements to Meridian Road and the Eagle Road interchange. The City requests ACHD design the Locust Grove and Amity intersection planning for Locust Grove to be 5-lanes north in the future.If not constructed now as part of the project,the plans should identify and include the future expansion opportunity. 2 When design originally started,a roundabout at Amity and Eagle was to be planned for future expansion,but because approach and exit angles were not adequately considered in relation to traffic speeds,the entire intersection had to be destroyed and shifted. The City had provided comments to this effect prior to the second redesign.Due to the original design shortcoming,the new project negatively impacted multiple properties that received entitlements after the original design and which should have supported an ultimate configuration.The City does not want to see existing stakeholders impacted any more than necessary for this additional expansion,but neither does the City want to see short-term decisions negatively impact many more future stakeholders for the life of the improvements.This additional southbound approach will also help to accommodate a 5-lane roadway design to the north.) commented[CH3]:Again,I like the paragraph but it may add too much length to the letter. Another concern with the current design status of the intersection project,which has been a topic commented[BMaRs]:Rn same to nr here.context to support argument,but if length is s c rr itical th en remove. of joint concern for both ACHD and the City recently,the City would like to see improved connectivity from the intersection to Mary McPherson elementary school.Mary Mac is just outside the project boundary.Additional subdivisions are filling in north and east,and this intersection project is well suited to make these improvements now rather than creating additional construction impacts later.While the City appreciates the extruded curb design effort to the school,this seems like an inappropriate half-way approach.During the design phase previouslythe City and ACHD seemed to agree that a sidewalk was warranted;the City supports this concept to improve future safe route opportunities and general pedestrian safety. We recognize and appreciate that this project is now at 50%design,but we are sharing our concerns as quickly as possible.There were some delays in communication after a new ACHD project manager was assigned and we have just recently learned of the change in concept.The City requests that ACHD reconsider the design of this intersection to accommodate additional future lanes on Locust Grove Road to the north,and to improve safe pedestrian connectivity to Mary McPherson Elementary School.Further,the City formally requests that the master street map be modified to preserve Locust Grove for 5-lanes north of Amity Road to Victory Road.Please feel free to contact Brian McClure at 208-884-5533,if you have any questions regarding this letter. Sincerely, Mayor Robert E.Simison cc: David Rader,Senior Project Manager,Capital Projects Caleb Hood,Planning Division Manager Brian McClure,Comprehensive Associate Planner Miranda Carson,Comprehensive Associate Coordination Planner 3 E IDIAN.;--- Public Presentations and Documents Charlene Way From:Mark Agenbroad <maagenbroad@gmail.com> Sent:Monday, February 13, 2023 6:56 PM To:Chris Johnson; Clerks Comment; Jessica Perreault Subject:Amity/Locust Grove Intersection External Sender - Please use caution with links or attachments. Good day to you, We are Mark & April Agenbroad, residing at 1420 E Amity Rd, Meridian. We are not city residents but I have learned that the Council members will be reviewing a letter tomorrow afternoon, during your work session, intended for ACHD regarding the proposed roundabout near us. Though not city residents, we are definitely affected by this project and have met with ACHD representatives to express our concerns. From your draft letter it appears Meridian City Council supports this project in general terms. We would like to take this opportunity to ask the City to oppose the roundabout option in favor of a signaled intersection for the following reasons: 1) I know of no concerned parent that would permit their minor child to make their way through a roundabout on their way to Mary MacPherson school or other destinations. ACHD has indicated they plan to install flashing lights at each leg of the roundabout to facilitate pedestrian traffic but we feel this only serves to distract drivers more. We have lived here 29+ years, others much longer, and there is no pedestrian traffic use of Amity Rd to the school. It's obvious that parents do not want their children walking to school these days and a sidewalk/asphalt pathway along Amity to the school from any direction seems a waste of taxpayer dollars. 2) We believe that a turn lane starting at the west edge of the school going east to the Amity/Locust Grove intersection is critical for the safety of students, parents and staff of the school. We have been asking for this for several years to no avail and there have been two recent opportunities when this could/should have been accomplished but was not. This turn lane would also allow residents, such as ourselves, to exit our properties safely into a center lane. 3) Speed limit must be reduced between the school and the intersection. Drivers currently race from, and sometimes through, the school zone to the intersection at excessive speeds. We regularly contact Ada County Sheriff's Office to report this activity but they can't catch everyone. At least the lowered speed limit, going down the blind hill, should have some positive effect. I have shared your draft letter with the interested parties in our neighborhood so it's possible you may be hearing from others. Would you kindly send a copy of the final version of your letter to ACHD to me at this email address? Please take these concerns into consideration as you meet tomorrow afternoon. Thank you, Mark & April Agenbroad 208-283-4750 1