HomeMy WebLinkAbout2023-04-18 Work Session
CITY COUNCIL WORK SESSION AMENDED AGENDA
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, April 18, 2023 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilman Joe Borton
Councilman Brad Hoaglun
Councilman John Overton
Councilwoman Jessica Perreault
Councilman Luke Cavener (5:03 p.m.)
Mayor Robert E. Simison
ABSENT
Councilwoman Liz Strader
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman
Perreault
1. Approve the Minutes of the April 4, 2023 City Council Work Session
2. Approve the Minutes of the April 4, 2023 City Council Regular Meeting
3. Les Schwab Tire Center (LDIR-2022-0063) Water Main Easement No. 1
4. Revised Findings of Fact, Conclusions of Law for Millwood Subdivision (H-2022-
0089) by Epic Development, located at 1975 E. Victory Rd.
5. Development Agreement (Pinedale Subdivision H-2022-0001) Between City of
Meridian and Piedmont Project LLC for Property Located at 3275 W. Pine Ave.
6. First Amendment to Memorandum of Agreement between the City of Meridian,
Meridian Development Corporation, and Meridian Caddis, LLC for the Civic Block
Urban Renewal Project
7. Professional Service Agreement with the Huckleberry Star Theater for Cast Fees
and Three Promotional Performances of Joseph and the Amazing Technicolor
Dreamcoat for the Amount of $3,500
8. Professional Service Agreement with the Treasure Valley Children's Theater for
Subsidized Youth Registration Fees and Production and Operational Costs of The
Grunch Performance for the Amount of $3,500
9. Fiscal Year 2023 Budget Amendment in the Amount of $7,000.00 for Idaho State
Liquor Division Grant
10. Subrecipient Agreement Between City of Meridian and Ada County Housing
Authority For CARES Act Community Development Block Grant Funds
11. Resolution 23-2384: A Resolution of the City Council of the City of Meridian to
Amend City of Meridian Standard Operating Policy 3.4, Regarding Compensation
Program; and Providing an Effective Date
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
12. Resolution No. 23-2383: A Resolution of the Mayor and the City Council of the City
of Meridian Appointing Patrick Gittings to Seat 3 and Debra Pitts to Seat 4 of the
Meridian Historic Preservation Commission; and Providing an Effective Date
Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman
Perreault
13. Meridian Parks and Recreation Commission Annual Update
14. Request to Withdraw Application for Meridian OZ Apartments (H-2022-0073), by
Realm Venture Group Denied
Motion to deny made by Councilman Cavener, Seconded by Councilman Overton.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman
Perreault, Councilman Cavener
15. Findings of Fact, Conclusions of Law for Denial of Meridian OZ Apartments (H-
2022-0073), by Realm Venture Group for Property Located at 1475 E. Franklin
Rd. Approved
Motion to approve made by Councilman Cavener, Seconded by Councilman Overton.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman
Perreault, Councilman Cavener
16. Fiscal Year 2023 Budget Amendment in the Amount of $167,732.00 for Motorola
APX Radio Conversion Approved
Motion to approve made by Councilman Cavener, Seconded by Councilman Overton.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman
Perreault, Councilman Cavener
ADJOURNMENT 5:17 p.m.
Meridian City Council Work Session April 18, 2023.
A Meeting of the Meridian City Council was called to order at 4.30 p.m. Tuesday, April
18, 2023, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Brad Hoaglun, Luke Cavener, Jessica
Perreault and John Overton.
Members Absent: Liz Strader.
Also present: Chris Johnson, Joy Hall, Bill Nary, Steve Siddoway, Mark Ford, 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 (5:03 p.m.)
X Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is April 18th, 2023,
at 4.32 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: First item up is the adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: No changes to our agenda that was published, so I move adoption of the
agenda as published.
Borton: Second.
Simison: Motion and second to adoption 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
adopted.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
CONSENT AGENDA [Action Item]
1. Approve the Minutes of the April 4, 2023 City Council Work Session
Meridian City Council Work Session
April 18,2023
Page 2 of 17
2. Approve the Minutes of the April 4, 2023 City Council Regular
Meeting
3. Les Schwab Tire Center (LDIR-2022-0063) Water Main Easement No.
1
4. Revised Findings of Fact, Conclusions of Law for Millwood
Subdivision (H-2022-0089) by Epic Development, located at 1975 E.
Victory Rd.
5. Development Agreement (Pinedale Subdivision H-2022-0001)
Between City of Meridian and Piedmont Project LLC for Property
Located at 3275 W. Pine Ave.
6. First Amendment to Memorandum of Agreement between the City of
Meridian, Meridian Development Corporation, and Meridian Caddis,
LLC for the Civic Block Urban Renewal Project
7. Professional Service Agreement with the Huckleberry Star Theater
for Cast Fees and Three Promotional Performances of Joseph and
the Amazing Technicolor Dreamcoat for the Amount of $3,500
8. Professional Service Agreement with the Treasure Valley Children's
Theater for Subsidized Youth Registration Fees and Production and
Operational Costs of The Grunch Performance for the Amount of
$3,500
9. Fiscal Year 2023 Budget Amendment in the Amount of $7,000.00 for
Idaho State Liquor Division Grant
10. Subrecipient Agreement Between City of Meridian and Ada County
Housing Authority For CARES Act Community Development Block
Grant Funds
11. Resolution 23-2384: A Resolution of the City Council of the City of
Meridian to Amend City of Meridian Standard Operating Policy 3.4,
Regarding Compensation Program; and Providing an Effective Date
Simison: Now up 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.
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Page 3 of 17
Borton: 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. Those opposed nay? The ayes
have it and the Consent Agenda is agreed to.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There were no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
12. Resolution No. 23-2383: A Resolution of the Mayor and the City
Council of the City of Meridian Appointing Patrick Gittings to Seat 3
and Debra Pitts to Seat 4 of the Meridian Historic Preservation
Commission; and Providing an Effective Date
Simison: So, we will move on to Department/ Commission Reports. Council, as always
I sat down with the chair of the Historic Preservation Commission and we did our
interviews for open seats and the resolution you have in front of you this evening is to fill
that with two individuals. One of which is Pat Gittings. Pat is a long time Meridian
resident, even though he spent a little bit of time out of the area, but having someone
with that historical knowledge and perspective and remembering what the fields were
that were there, the families that lived there, the locations that were there and someone
has that passion and desire to get involved. He definitely has a different background in
project management, but as they are doing some projects, whether it is the work that
they are doing on, you know, trying to do something a little bit on preservation or have
other things -- having that skill set -- skill set combined with the knowledge of the
community would be really important. You know, goes back to living in Meridian in the
'70s when it was a much different community than it is today, which is nice. The other
one before you is Debra Pitts. Newer to the area, but definitely has a passion for
historic preservation. In fact, you know, it was very interesting when we sat down and I
-- I ran into her recently again where she's showing me the pictures of -- that she takes
when she travels other parts of the country about what they are doing for historic
preservation and coming with ideas about, you know, how -- how do -- how do we
recognize the history and, you know, I -- and I think she also has another important
concept. You know, it's nice to hear. History is people. That was something that was
very big to her. You know, the -- the -- the stories of people that talks about a
community and how do you make that be part of what you want to do. But she -- she's
all in on Meridian from that standpoint and, like I, say she was just down in Texas and
she took more pictures of historic -- historical markers and that -- and -- and, you know,
was very inquisitive. Like why is the Roosevelt not on our history walk tour from that
standpoint and -- you know. So, we are looking forward to seeing what she brings to
the Commission and giving her involvement in the community. So, with that I would ask
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for your approval of these two individuals, but I'm happy to answer any questions you
may have.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: It sounds like you have some excellent folks to serve on the Meridian Historic
Preservation Commission, so I move approval of Resolution No. 23-2383 appointing
Patrick Gittings to Seat 3 and Debra Pitts to Seat 4 of the Meridian Historic Preservation
Commission.
Borton: Second.
Simison: I have a motion and a second to approve Resolution No. 23-2383. Is there
any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have
it and the resolution is agreed to. Thank you very much.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
13. Meridian Parks and Recreation Commission Annual Update
Simison: And, Mr. Johnson, thank you very much as well to get that -- those new
members on the Commission. Next up is Item 13, which will be the annual update from
the Meridian Parks and Recreation Commission, which will be delivered by Mr. Bevan
this evening. Keith, how are you?
Bevan: Don't know which one of these I should use, but I will use this one. All right.
There we go. I think we have a deck. I'm Keith Bevan. I'm the president of the
Meridian Parks and Recreation Commission for the city and we are here to talk to you a
little bit about what we have done the last year, what our goals are for the coming year
and what we are doing with accomplishments. Start by saying the Meridian Parks and
Recreation Commission is a -- comprised of nine members, including a youth
representative, who is a member -- a young lady that's in high school. Our meetings are
open to the public and broadcast just probably like City Council meetings and they are
once a month on the second Wednesday at 5.30 p.m. and we also have a member from
the City Council, which is a Council member Overton, who is our newest member, who
is the representative on our -- is our liaison. Thank you. All right. Here we go. All right.
So, there is a picture. John Nesmith, who is the owner of Meridian Auto Right here,
Dom Gelsomino, Mike Medellin, Jennifer Bobo, Brandon Simpson, Ellie Hood, who is
our youth representative, Jo Greer, who was the previous, president of the Commission,
Mandy Roberts, who is the current vice-president, and myself and Councilman Overton.
And, again, we -- yeah. Let me go back. Again we meet the second Wednesday of
every month 5.30 p.m. here in the Council chambers and we do sometimes hold off-site
meetings. We will take tours where we go see one of the parks, the golf course, we will
do tours of things so that, you know, we get a hands-on feel of what the parks look like,
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the development of what's happening, so that we can have a better idea of the -- you
know, input we are having on the parks and -- and -- and things we are having. I mean
one of the things we do, obviously, is Parks and Recreation Commission is we want to
be involved in community events, so we try really hard to get involved with things --
certainly the -- the Christmas events and 4th of July, the Kleiner Park events, all those
things that we happen to have. You can see here the picture of Grinch, who is our
Parks and Rec Commissioner and Dom -- Dom Gelsimino. Thank you. If you guys
know Dom he is a dynamic guy. He is so much fun to be around. He loves the city and
he -- he gets involved. Of course Jo Greer, who used to be the previous president of
the -- this Commission and with the -- the Christmas in Meridian and the -- and the
Santa stuff that she does. She's super involved with the Christmas stuff and, you know,
we all try to get involved with all of the events that are going on, because we love
Meridian and so that's why we are here. All right. As you know probably in this last year
we -- in 2022 the City of Meridian had a -- a commissioned citizen survey to assess the
community's perception of Parks and Recreation and some of the services that we
provide and I'm proud to say that in every category we scored higher than the average
nationally in terms of quality of athletic fields, the adult sports program special events,
all those things and that just is a testament to the fact -- you know, as the Commission
we don't run these things, we don't organize them, we don't run them, it's Steve and
Mike and the staff of the Meridian Parks Department that just do a phenomenal job of
running the events and organizing and scheduling the -- all the ball fields that we have
for the sporting events and the HomeCourt and volleyball and all the stuff and that
survey was the evidence that the citizens of Meridian said, yeah, you are doing a good
job. Right? So, kudos to these guys and -- and, yeah, as the Commissioners, you
know, it makes our job easy. So, with that said, you know, we don't want to rest on our
laurels, so we want to continue to -- to focus on things that we think will help the city the
most. So, these are our Commission goals for this year. Number one is to support the
design and construction of Discovery Park phase two, including the skate park and bike
park, which I'm going to talk about a little bit here, but if you guys know Discovery Park
down there off of Lake Hazel and Eagle -- amazing park. You know, the phase one was
done a year or two ago. Phase two is under design. Well, we are going to talk about
that. The other big thing that we do as a Commission is the pathways. All the -- the --
the biking and the hiking and walking trails, we feel like connecting Meridian, all the
parts, allow people to bike and walk through Meridian is an important thing and here is
the crazy thing. I'm going to bring this up. Saturday my wife and I had -- we were down
near -- more in Boise coming up Fairview past Eagle between -- and between Locust
Grove and Meridian we are driving along, we look over, there is two guys on horses --
literally horses coming up the pathway there where -- the canal that goes from Cherry
over to Pine down that little -- through those apartments, there is two guys on horses. I
mean who -- who would think that, that, you know -- I mean Meridian is becoming a little
more urban than it used to be, but there is two guys on horses because we have -- and
they are on one of our pathways. So, it's not just bikes and -- and -- and walking, it's
people on horseback, which I thought was amazing. So, it's pretty cool. Obviously, the
new community center, which is, obviously, still in the early stages and trying to find a
place and the design of that, but we have some -- you know, they are going to ask our
opinion, we have some input on that. The development of the comprehensive park
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system update master plan, which I'm also going to talk about that here in just a bit. We
work with the Meridian Arts Commission on putting artwork at parks, either the
entrances -- there is artwork around the different parks and we help, you know, get
some -- our opinions and -- and -- and input on those things that -- that they need and
we really appreciate being able to work with them on those different parks. Obviously
the big thing lately in the last year or two, Lakeview Golf Course. We have had, you
know, a little bit of input on that. Just they report to us. We have heard from the -- the
consultants that help with the renovation and how we should about working with
Lakeview Golf Course now the city took it over and we have some input on that and we
will continue to -- to help with some of the input on that. Obviously continuing to engage
with citizens, stakeholders and that. Provide feedback on Tully -- the -- the Tully Park.
There is some specific parks that were making work at that -- that we are having input
on. Another big one that's a big change for the city is the pool now the city took over the
pool and that's a great operation and we are having some input on that and, then, just
other partnerships. We talked -- we -- we have presentations from Eagle, Boise, Ada
County parks and waterways. They come and present to us. We talk about how can
we work together to improve both the parks, the -- certainly with Eagle there is a lot
about the -- the pathways of how can we connect our pathways to Eagle, because
Eagle, then, has the pathways that go all the way to Lucky Peak through Eagle, Garden
City, Boise, all the way out and there is a challenge there trying to get past Chinden and
down the hill over the river, you know, but that's what we are working on. And, then, of
course, you know, our presence at community events and that thing that we can help.
All right. So, obviously, big thing that we are doing right now is the Discovery Park
phase two progress. You can see the pictures here. That really cool picture is the skate
park that's being designed and we are going to literally have a world class skate park
here in Boise -- here in Meridian, the Boise area. You know, obviously, we -- you know,
the people designing that have designed stuff all over the world and -- and it's a world
class skate park that we think -- not only will be a great amenity to the citizens here and
the Treasure Valley, but also might, you know, lead to people coming here, right, to be
able to use that. You can see the -- the picture there of one of the -- the -- I think
restroom concession areas. Right now we were just out there last week. Phase two
there is a lot of infrastructure as a part of that parking lots and sidewalks and that, as
well as the skate park. There is also a bike park where people -- you know, you can use
the bicycles and -- and tracks and jumps and that, which is going to be really awesome.
Some basketball courts. Coming up this -- the rest of this year are pickleball courts,
tennis courts, additional picnic shelters, more softball fields, lighting. You know, one of
the things we are trying to do is add some things for teenagers that kids will go there
and -- and use the basketball courts and the -- the skate parks and bike parks and some
of those other things that, you know, gives them -- kids a place to meet and hang out
and have fun and be kids I guess. So, last year we also had a review of our pathway
systems by a group called the Urban Land Institute and they spent several days here
and did some exploration of our park system, of our pathway systems and some of the
things we can do better. Their recommendations -- although they -- they thought we did
a great job with our pathways and need to continue to expand those things, some of the
things are listed here -- wayfinding, which is just signage to let people know you are on
a pathway, you are in the right place and, then, just the last thing, identity and branding,
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letting people know this is a City of Meridian pathway and let them know where they are
going, how to get back to where they were going, all those things. We don't want
people to get on the path and get lost, right, out in the middle of -- you know, as you get
further west it gets a little more less defined in terms of where you are. So, that was
part of that is letting people know you are on the right path, you can stay here. The
standards and amenities, that has to do with, you know, trash cans and benches and
rest stops. We have some spaces where there are bicycle repair stations, so if people
are on a bike and they get a flat tire or something happens they have ability to fix some
of those things and that was some of the other stuff -- the recommendations that they
had for us to continue to expand those items. The community center planning, you
know, for us, obviously, this is still early stages. We are still in the place I think of trying
to find a place for that community center. So, as the commission we -- I don't know that
we have a lot of say in that, it's probably more the -- the -- the Council and other people.
But in terms of how it can help the Parks and Recreation and our mission to help with
those things in the city, we will continue to help with that in terms of the design and --
and how that -- how that works. So, next big thing, obviously, which I -- well -- okay.
Parks and Recreation -- Parks and Recreation master plan, which was adopted here a
couple months ago by the City Council, that was commissioned last year. It went on for
a long time, was a lot of work going in to developing that for the next -- you know, the
previous plan was from 2015, so it's been almost eight years since we updated that plan
as to the goals and mission of the Parks and Recreation Department of the City of
Meridian. It was a great job. A lot of interviews with city -- citizens, the inventory of the
space, the land, the equipment, the goals, everything that goes into running the Parks
and Recreation Department was taken into consideration. We read it as the
commission. We read it, we reviewed it, we had input into it. We liked it. We passed it
on to you -- the City Council and I believe you guys adopted it back on February 7th.
So, that should guide the work of the Parks and Recreation Department for the near
future. I -- I mentioned earlier -- you know, one of the things that's on our goals and
mission of our -- of the commission is to work with the Arts Commission on art -- art
projects in city parks. As you can see here some of the things we are is Seasons Park,
Ten Mile Creek hub -- trail hub and Discovery Park. Seasons Park needed some new
signage. What they had there was old and worn out and -- and, then, we -- we
designed some new stuff. You can see the picture here -- is kind of what we came up
with with the lease. It's actually layers of colored acrylic, which was going to look really
good and be a nice point of focus for people to know that's there. Ten Mile Creek trail
hub, which is around Ten Mile, right there by the Maverick and the water treatment plant
where there is the trail that continues out west, that design we thought would be good to
have. It's sort of a native focus. The design has kind of native flora and fauna with
some of the native birds in that design. You can see -- I think that's the -- is it the
mountain bluebird? Is that what you can see on the -- on the picture there? And I think
some of the flowers are like the Syringa and, obviously, we want to keep things local
and -- and based in Idaho. And, then, Discovery Park, some new branding and -- and
what we are doing out there in the south side of Boise -- why do I keep saying that?
Man, I'm sorry. South side of Meridian there to tie in the -- we thought that -- you know,
the whole branding with the Discovery was about, you know, being out there and some
of the branding has to do with the south side of Ada county, the Birds of Prey and some
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of those things, as well as wildlife and those things that we are focused on. All right.
Another big item that's been on the city's agenda for the last year or two is Lake View
Golf Course and the fact that the city took over responsibility, ownership of Lakeview
Golf Course. We have had some input in some of the things there. Just, you know, you
haven't been out there there is a new irrigation system that they had some issues with
watering all the grass out there and they completely redid a lot of the irrigation process.
I don't know if you guys went out there. We went out -- we took a tour last fall and the
ability for them to -- the -- the machinery they have to put pipe in the ground and, then,
cover it up, it's -- it's an amazing process that -- the company they hired to put in the
new -- all that new irrigation system. The new well. Pumps. New cart paths. New golf
carts. And, of course, what's coming up is some clubhouse renovations and some
better shade on the east side of the clubhouse there between the clubhouse and the
driving range. People can sit out there and eat and enjoy their time and not be quite in
direct sun. So, that continues, you know, and we had some input on that. They -- you
know, we review things and help with -- with some of that. Another interesting thing
that's happened here in the last year is at Tully and Bear Creek Parks is we have
replaced some of the playground equipment to make it a little bit more inclusive and
accessible and what you will see in the pictures there is the old playground equipment
and the new playground equipment. This was paid for with a Community Block
Development Grant. So, that was a nice thing for us to be able to do. And the other
cool thing is there is a company that will take old playground equipment, remove it and
they do what they need to fix it up and they take it to less developed countries. So, the
playground equipment you see in the before picture was taken and is used in less
developed countries for parks in those places. So, it doesn't just get put in a landfill or --
or destroyed, it actually goes to a cool use in another place and, then, of course, we
have our new playground equipment. In -- this year we are also looking at having a
similar upgrade in Bear Creek Park and Tully Park. Of course another big thing is the
swimming pool and the -- man, it's been a lot of work at the -- at the pool. You can -- I --
I won't list it. You can see from the list of all the things that were done. Some of those
things allowed -- made better quality of the water in the pool, the UV system and all
those things, as well as accessibility to swimmers. One of the challenges they had last
year -- and I -- I think, you know, this year might be the same, is lifeguards. At a pool
you need lifeguards and the ability for -- to have as many hours as we want to have that
pool open is dependent on how many lifeguards we have that we can schedule to work
hours and that's a continuing thing that the city -- that -- that the Parks and Rec is
working on to have enough lifeguards so they can be open as much as -- as our citizens
want. But, you know, we could only be open as much as we have lifeguards to -- to be
on staff. With that said a couple things. We instituted a swim test that when you show
up, if you want to swim in the deep end or go off the life -- the diving board now you
have to pass a swim test and you -- you know, the lifeguards, you know, they stop and
you have to swim and do certain things to show you -- you have the ability to swim and,
then, you get a wristband get a wristband and that way they know -- if you don't have a
wristband they see you on the life -- on -- on the diving board, they can say, hey, wait,
wait, you shouldn't be there. You need to go to the shallow end and that has
dramatically reduced the instances of lifeguards having to rescue somebody. I think -- I
don't know the numbers, but before we took it over it was like a daily occurrence the
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lifeguards were having to jump in and save a kid and now it's like once or twice a month.
It's rare because of that, because we said, hey, kids shouldn't be in the deep end if they
can't swim and, you know, that's a good thing. We want to protect our kids. And I have
-- I have said this in the Commission meeting, both of -- I have two daughters. They are
older. They were both lifeguards at a public pool and my older daughter, who was a
lifeguard before -- we lived over in the Twin Falls area and she was a lifeguard and one
of the duties they had -- they asked the lifeguards at the pool to go and be lifeguards for
the Spud Man triathlon in Burley and so, you know, Saturday morning 6.00 o'clock she
goes out there and she's standing on the bank of the Snake River and there is a
gentleman who -- you know, all these swimmers are going by and she's looking and
there is a guy out there -- she sees he -- he's floundering and -- and he, obviously, is
having a struggle. She jumps in, swims out, she pulls him in. Well, he had had a new --
he had just bought a new -- like -- not life jacket. Wet suit. Thank you. And it was too
tight and he couldn't breathe and he -- because he couldn't breathe he started
struggling. She brought him in and so I'm almost like my daughter saved the guy's life
because she was a lifeguard. This is a sales pitch. If any of you guys know teenagers
-- anybody, Meridian pool, we need lifeguards. So, you know, send that out to anybody
you know. It's a great job. It's fun. They get to be outside. They get to me in the sun.
They learn a skill that, you know, someday they may help somebody save a -- save a
life and that's my sales pitch for my for -- for the -- for the Meridian pool and lifeguards
and -- and that it really does impact people. So, anyway, we are going to continue to --
to make changes. There is going to be some artwork put on the side of the building for
our -- our relationship with the Arts Commission. There is going to be a big mural put on
the side of the -- the building there at the -- the swimming pool and it's going to be fun,
so -- all right. Oh. And it's scheduled to open on June 5th and they are currently hiring.
So, if you know anybody that wants to be a lifeguard let them know. A couple new
things at -- new amenities at -- Settlers Park has some new cornhole courts that are
integrated with the horseshoe pits as you can see in the picture here. Obviously
cornhole is a big thing. A lot of fun and that's a cool thing that's happening. And, then,
Kleiner Park has four new pickleball courts, which was funded in a partnership with the
city and Brighton and Ball Ventures and those are on the west side of the big hill where
people sled and -- there and that's a -- a great new amenity that -- and there is -- I think
Ball and Brighton built some condo apartments there that are a 55 plus community,
which I think maybe ties into maybe pickleball and -- and that's a great, you know,
opportunity for them. If you look at the picture I think that's kind of what that looks like.
So, there we go. All right. Man, that's everything we have been doing in the last year,
so -- I thank you for your time. Any questions or comments or anything you want to
know? I may not know, but I got Steve here to provide detailed things, so --
Simison: Thank you, Keith. Council, any questions?
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: No question. Just a huge thank you to you --
Meridian City Council Work Session
April 18,2023
Page 10 of 17
Bevan: Thank you.
Overton: -- and to the Commission. It was fun braving the cold last week and -- it was
cold and we went out and looked at phase two of Discovery Park and you actually -- I
think you missed a couple of amenities, but, then, I could say that -- and still miss a
couple more, because I have never seen a park in my life that's a one stop shop for just
about everything that you want to do.
Bevan: Yeah.
Overton: I don't think you mentioned the hammocks.
Bevan: No. Probably not.
Overton: Bocci ball.
Bevan: Yes.
Overton: Bocci ball. Sand volleyball ball.
Bevan: Yeah. Sand volleyball.
Overton: It's got one of everything at least, if not half a dozen. It's pretty impressive
and, you know, my hat's off to you guys and your commission and our Parks
Department for what's going to be a signature park in this valley.
Bevan: It is. And thank you. And, again, I -- we are almost sort of on the back end of
like -- the -- the Parks Department comes to us -- here is what we are going to do and
we are like that's amazing. Yes, let's do it. So, it's not like we are kind of -- we don't
necessarily come up with a lot of those ideas, it's Steve and his staff that -- there is
something that -- and I'm going to throw this out there. A couple years ago there was a
big tree over here in the park that was cut down -- Centennial Park, just the one that's
just right a couple blocks away. Big elm -- oak. Elm. Big huge -- I mean big right foot
diameter tree that was dying and they are like we have to take this tree down for safety
reasons; right? So, we cut it down. But, then, the guys at the city are like, you know
what, we have this big stump. You know what we are going to do? We are going to
take that and we are going to make an amenity at Discovery Park where there is a
water activity, we are going to take that stump, turn it on its side, carve it out and use
this -- and that's the point is that you guys -- you have this Parks Department they care.
The employees of the Parks Department they look at things to how can we use this. It's
a historical tree. It means something. How can we reuse this? And it wasn't us. It
wasn't the Commission. We looked at it and went that's awesome. It was Steve and his
guys that -- you know. And -- and so I don't know who it was that did that, but I -- I'm
going to brag every day about Meridian Parks. All right? That's just who I am. I --
Steve laughs. The Christmas parade I get a little crazy on the float about, you know, we
Meridian City Council Work Session
April 18,2023
Page 11 of 17
are literally the best parks in the world -- in the United States, you know. And a couple
days ago I was watching the news and the -- the -- the parks director for Boise was on
the -- the -- the channel talking about all the stuff they do. You know, Boise has great
parks. We have great parks. Eagle has great parks. That's why people want to move
here; right? That's why people want to come to the Treasure Valley is it's just -- you
know, we care. We care.
Simison: So, Keith, did you just say --
Bevan: Sorry.
Simison: -- did you just say quit investing in parks and people won't move here? Is that
what you said? I just want to make sure I got that correct. We won't put words in your
mouth.
Bevan: I just -- you know, I just -- I just know that -- that -- that the -- that -- between the
commission and the Parks Department themselves, you know, we care about making
things good for the citizens of Meridian, you know, and -- and -- and we try to listen what
they like, what they don't like, what needs to change. You know, there has been
challenges at HomeCourt and just -- and part of it was just so many people want to use
it, how do we -- how do we manage that. And the -- all the softball tournaments during
the summer, how do we manage that, you know, and it's just -- that's a good thing;
right? When you have people that want to use our amenities in our city and we have to
try to manage that, you know, it's a problem, but it's a good problem. It's better than,
you know, people not wanting to be here and as the survey -- the survey we had people
-- they like our parks and people are happy. So, they can't rest on our laurels. We will
keep working, so --
Simison: Council, any additional questions for Keith?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Not a question. I just want to say thank you very much for your service.
Special place in my heart for our volunteers. I had the opportunity to volunteer and I
just -- just really appreciate all the commitment that the parks commissioners have
made and how much they care about what happens. So, thank you very much.
Bevan: Thank you. Appreciate that.
Simison: All right. Keith, thank you very much. Appreciate you.
Bevan: Thank you, Mayor.
Simison: And we will look forward to seeing some more great things this year.
Meridian City Council Work Session
April 18,2023
Page 12 of 17
Bevan: Thank you. Thank you, guys. Appreciate it. Thank you.
14. Request to Withdraw Application for Meridian OZ Apartments (H-
2022-0073), by Realm Venture Group
Simison: Thanks. For the record Mr. Cavener got here at 5.03 p.m. With that we will
move on to Item No. 14 -- 14, a request to withdraw application for Meridian OZ
Apartments and turn this over to Mr. Nary.
Nary: Thank you, Mr. Mayor, Members of the Council. We have kind of an unusual
request on your agenda today. So, No. 14 is a request to withdraw. There is a letter
from the applicant to withdraw this application at this time, but it comes on the heels of a
decision the Council has already made and the findings of fact for that are on and so if
you recall from a couple weeks ago we told them we would schedule it. They asked for
it that day of the hearing. We told them we would schedule it. They could submit a
letter, because they hadn't submitted anything in writing at that point and, then, the
Council would consider it and, again, you -- you are free to deny their request and
approve the findings or if you wish to grant their request, then, we can just vacate the
findings. But it is unusual in the sense that -- I was trying to think of a circumstance that
someone requested a withdrawal after the decision was already made, but prior to the
findings being approved, and I couldn't think of once. Normally when we have had
withdrawals it's because we have had a public hearing. The applicant can see that it's
not going to likely get favored or approved. They will usually get a continuance to see if
they can change it or fix it or do something different and if they can't within a short
window of time they will usually ask to withdraw. So, that's the common one I have
seen and we don't see a lot of those, but I don't think I have ever seen one requested
after the decision was actually made. But it is within our code. It is allowed to be
asked. There is nothing prohibiting it. I did raise the concern that the Council had
raised in the conversation a couple weeks ago on what precedential value that would be
and is that a wise thing to allow to have and so I did tell Mr. Parsons if he will include it
on his list for conversation in the future of a UDC amendment on whether or not we are
not going to allow application for it after the decision has been made. But in this
particular case it's allowed. Again, it is a discretionary function. You don't have to grant
it. You don't need to have -- even have a reason to not grant it. You are not required to
grant a request to withdraw. So, any other questions?
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor. Mr. Nary, in -- in their letter they -- last paragraph they talked
about applicant was not afforded an opportunity respond to public testimony at the
hearing, et cetera, et cetera. Can you speak to that?
Meridian City Council Work Session
April 18,2023
Page 13 of 17
Nary: Sure. Mr. Mayor, Member of the Council, so, I -- I distinctly remember --
because there was some public testimony and they did get back up and they did have
the last word and we are really good at that and -- and due process. But, secondarily, I
have I recall -- and I didn't go back and look at the tape, but I believe the Council asked
if they wanted a continuance, because they wanted -- if they wanted more time to
consider it and consider some alternatives and they opted not. So, they had opportunity
to respond and -- and they were afforded appropriate due process. So, again, they --
they could request reconsideration if they wish, but that's -- that's up to them.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Bill. I thought it was unusual because the only -- correct me if I'm wrong, but
the only substantive effect of allowing them to withdraw is it permits them to re-apply
with a substantially similar project with what was just denied.
Nary: Correct.
Borton: And a denial would prohibit them bringing back what was denied.
Nary: Correct.
Borton: So, it doesn't make any sense to me why you would not complete the
application, deny the withdrawal, and just approve the findings.
Nary: That is certainly within the Council's discretion, Councilman Borton.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Question for Councilman Borton. And so what you are saying is by denial
there is that one year period where they can't come back, but since we know that they
cannot do the project as they had planned. I mean we saw the problems with that. We
denied it. They will come back with something different. That's not subject to the one
year.
Nary: Correct.
Hoaglun: So, they can come back within that year's time with a completely different
project.
Nary: Yes.
Hoaglun: I suspect that they want to do, so -- okay. Thank you.
Meridian City Council Work Session
April 18,2023
Page 14 of 17
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Council Member Hoaglun, Council Member Borton really did a very succinct
job of capturing kind of my comments and feelings. So, if you will, Mayor, maybe
motion is in order. I move that we deny the request to withdraw the application for
Meridian OZ Apartments, application H-2022-0073.
Overton: Second.
Simison: I have a motion and a second to deny the request to withdraw. Is there
discussion? If not, Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, absent;
Overton, yea.
Simison: All ayes. Motion carries and the request to withdraw the application is denied.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
15. Findings of Fact, Conclusions of Law for Denial of Meridian OZ
Apartments (H-2022-0073), by Realm Venture Group for Property
Located at 1475 E. Franklin Rd.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: It's appropriate to move on to Item No. 15 and I move that we approve the
Findings of Fact and Conclusions of Law for the denial of the Meridian OZ Apartments,
H-2022-0073.
Overton: Second.
Simison: I have a motion and a second to approve Item 15. Is there discussion? If not,
Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, absent;
Overton, yea.
Simison: All ayes. Motion carries and the item is approved.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council Work Session
April 18,2023
Page 15 of 17
16. Fiscal Year 2023 Budget Amendment in the Amount of $167,732.00
for Motorola APX Radio Conversion
Simison: With that we are on to Item 16, which is fiscal year 2023 budget -- budget
amendment in the amount of 167,732 dollars. We will turn this over to Mr. Frazier.
Frazier: Good afternoon, Mr. Mayor and Council Members. We will talk a little bit about
radio encryption to explain the back story here. So, every emergency responder in
Meridian, including our friends in fire, use a radio network that's operated by the Ada
County Sheriffs Office and I think we all remember back in the day when television
signals went digital and you had to have a digital antenna, otherwise, you didn't get TV
anymore after the cutoff date for that. This is kind of a similar situation. We need a
radio to be able to decode the signal that is sent to us by the radio network. About six
years ago now we started incrementally replacing all of our radios to catch up to the
newest encryption standard that will be sent out in the future. COVID really set us back,
because it was hard to get a hold of radios. It was hard to get them installed. You
know, we all know that story. So, it set us back and we weren't buying units that we
couldn't get and couldn't get installed anyway. The sheriffs office has escalated their
timeline for putting this plan into action. They want to go live with this in the fall of 2024.
Radios that we purchased last October are still not here and we have no timeline as to
when we will get them. If the amendment is not approved we would have to purchase
them in '24 with no guarantee we would even get them in our possession by the fall of
'24. So, to have any shot of getting ready for this in the fall of '24 and being a good
partner for the sheriff's office, we need to order them now. Hence the amendment.
And, additionally, we just received word from Motorola that mid year there is going to be
a four percent price increase on these products anyway and just like everything else,
the price keeps going up. So, quick explanation. I would ask that you approve the
amendment, but I will certainly answer any questions you have.
Simison: Thank you. And we do have Fire support here to back up what he's saying
from that standpoint if necessary. Council, any questions?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Mr. Frazier, quick -- quick question. And I recognize maybe I'm quoting
Council Member Zaremba -- a sideways question here. When you talk about
encryption, does that prevent, then, the -- the public from, essentially, hearing the
communication that's going on and recognizing this is being transmitted I would assume
to the public airwaves, what are the -- what are the legalities around that and preventing
the public from being able to hear that type of communication?
Frazier: That's a good question. So, it's not every channel in the valley here. You can
listen to police activity and fire activity on what are called primary channels with a
scanner. The public -- the news media can hear that. But there is other channels in the
Meridian City Council Work Session
April 18,2023
Page 16 of 17
case of fire where protected health information is broadcast. Patient information. In the
case of police there is criminal information broadcast that's subject to FBI and seizure
rules. So, we have to be able to keep the general public from hearing those things. Not
everything. And there are additional channels that are encrypted, like when there is a
special operations taking place, SWAT operations taking place and things that for safety
reasons the public should not be able to hear. By and large the public can hear the vast
majority of things that occur on those primary channels in the valley.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Follow up for either Mr. Nary or for Officer Frazier. Those channels that, then,
are encrypted and -- and the public is preventing -- prevented from hearing that, is that
guided by federal law or department policy.
Frazier: Some of it's guided by federal law. In the case of patient information or CJIS
compliance. The rest of it is governed by a board that oversees all of the radio
communications in the valley for one and, then, within Ada county. So, that board can
decide which channels are or are not encrypted.
Cavener: Okay. Thank you.
Frazier; Yes.
Cavener: Appreciate the education.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: It just sounds like we are accelerating an existing known expense --
Frazier: Basically.
Borton: -- sooner. Are we going to have a similar request coming from Fire to
accelerate that soon? Makes sense to get in front of it. Okay.
Simison: Okay. Any further questions, comments or motions?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: I'm Happy to make the motion that we approve the fiscal 2023 budget
amendment the amount of 167,732 dollars for Motorola APX radio conversion.
Meridian City Council Work Session
April 18,2023
Page 17 of 17
Overton: Second.
Perreault: Second.
Simison: I have a motion and in two seconds to approve the budget. Is there any
discussion? If not, Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, absent;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Frazier: Thank you.
Simison: Thank you.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that we adjourn our work session.
Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it. We are adjourned
MEETING ADJOURNED AT 5:17 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Approve the Minutes of the April 4, 2023 City Council Work Session
Meridian City Council Work Session
April 4,2023
Page 27 of 27
Simison: Okay. Council Woman Perreault, did you have any -- I think she was waiting.
I just wanted to -- don't preclude.
Perreault: Mr. Mayor, I do have additional questions, but, like you said, they are
questions I can get answered meeting with Finance that get into the nuts and bolts at
that time.
Simison: Perfect.
Perreault: Thanks.
Simison: All right. With that we have a motion to adjourn. All in favor signify by saying
aye. Opposed nay? The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5:47 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 4-18-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Approve the Minutes of the April 4, 2023 City Council Regular Meeting
Meridian City Council
April 4,2023
Page 8of8
Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, absent;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
FUTURE MEETING TOPICS
Simison: Council, anything under future meeting topics? Or do I have a motion to
adjourn?
Hoaglun: Mr. Mayor, before I make the motion, don't forget Initial Point is still having
their open house for another short while if you want to go up there and see the new
exhibits and I move that we adjourn.
Simison: Or before you adjourn is there anything else that we would like to add to the
record from last -- that happened in the last week?
Hoaglun: Yes. Mr. Mayor, thank you for the reminder. We want to congratulate
Council Woman Liz Strader on the birth of her twins, boy and a girl, and as -- okay. I
got to remember. Ezra --
Perreault: Ezra and Ava.
Hoaglun: Ezra and Ava. Yes. And -- and -- and also congratulations to Chris, her
husband, for -- for those -- these new additions to the family and mother and babies are
doing well.
Simison: As well as brother and sister in addition. So, congratulations, Liz. So, with
that we have a motion to adjourn. All those in favor signify by saying aye. Opposed.
nay? The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6.20 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON
ATTEST: 4-18-2023
CHRIS JOHNSON - CITY CLERK
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Les Schwab Tire Center(LDIR-2022-0063) Water Main Easement No. 1
ADA COUNTY RECORDER Trent Tripple 2023-022359
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/19/2023 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0054 Les Schwab Tire Center
LDIR-2022-0063
Water Main Easement No. I
WATER MAIN EASEMENT
THIS Easement Agreement, made this 18th day of April 20 23 between SGRS LLC&NWDC Ten Mile 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
i
f
public street, then, to such extent, such right-of-way and easement hereby granted which lies
Within such boundary thereof or which is a pant 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 pant have hereunto subscribed their
signatures the day and year first herein above written. !
GRANTOR:
i
S TATE OF et V t l k 1 �� i
ss
County of Ada ) '
This record was acknowledged before me on V(date) by Ke.ba\.AoQ r
(name of individual), [complete the followhig ifsigning in a representative capacity, or sh•ike
the following if signing in an h7dNidual capacity] on behalf of LA-t—
(name of entity on behalf of whom record was executed), in the*following representative
capacity: (type of authority such as officer or trustee)
i
(stamp)
Notary Signa
My Commission Expires:_NIN. I1, W-7+'
I
�p,�tY w
h;O
.,C., �"ti: 1
;ATE`0
I
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Water Main Easement Version 01/01/2020
i
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1
I
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.
I
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 l
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 E
I
signatures the day and year first herein above written. ;
GRANTOR: NWDC Ten Mile LLC
i
;;B��Trav�isStroud, Its: Manager
i
STATE OF IDAHO )
ss
County of Ada )
Mar[.In 2�t Z.rlL3
This record was acknowledged before me on____d (date) by
(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 NW U— -'V'zn&k;yo-la l
(name of entity on behalf of whom record was executed), in the following representative
capacity:_vn o,.,n A 42,f (type of authority such as officer or trustee)
(stamp)
Notar�g—nnreMy Crr es: Mov, -`-�-�
`����•SAYL� '',
DIP'RY••
ti•:
,I E'0� �.�.
i
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Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-18-2023
Attest by Chris Johnson, City Clerk 4-18-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-18-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Version 01/01/2020
LEGAL DESCRIPTION
T H E Page 1 OF 1
rim i
LAND
GROUP
February 14,2023
Project No.: 122038
EXHIBIT"A"
WATERLINE EASEMENT
CITY of MERIDIAN
LES SCHWAB
An easement being located in Parcel "F", Record of Survey No.#12081, recorded under Instrument
No.#2019-110665,Ada County Records,situate in the Southwest Quarter of the Southwest Quarter of
Section 26,Township 4 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,being
more particularly described as follows:
COMMENCING at the Southwest Corner of said Section 26(from which the South One Quarter corner of
said Section 26 bears South 88'58'52" East,2602.82 feet distant);thence on the south section line of
said Section 26,South 88'58' S2" East, 329.99 feet;thence leaving said south section line, North 01'00'
50" East,33.27 feet to a point common with the northerly right of way line of West McMillan Road and
the southwest corner of said Parcel "F";thence on said northerly right of way line, South 88' 30'25"
East, 152.' 9 feet,to the POINT OF BEGINNING:
Thence leaving said northerly right of way line, North 00°00'00" East, 32.28 feet;
Thence North 90'00'00" East, 20.00 feet,to a point on the east boundary line of said Parcel "F";
Thence on said east boundary line, South 00°00'00" East, 32.80 feet,to a point common with
the northerly right of way line of West McMillan Road and the southeast corner of said Parcel
//F";
Thence on said northerly right of way line, North 88'30' 25" West, 20.01 feet to the POINT OF
BEGINNING.
The above-described easement contains(65- Ft') 0.015 acres, more or less.
PREPARED BY:
The Land Group, Inc.
Michael Femenia,PLS �NL LA i
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Waterline Easement
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City of Meridian
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Township 4 North, Range 1 West, Boise Meridian
City of Meridian,Ada County,Idaho
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SEC.26 SEC.26
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Exhibit "B„ o so' 120
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Date of Issuance:February 14.2023
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E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Revised Findings of Fact, Conclusions of Law for Millwood Subdivision (H-
2022-0089) by Epic Development, located at 1975 E. Victory Rd.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAWC f1E AND DECISION DECISION&ORDER a
In the Matter of the Request for Annexation of 4.74 Acres of Land with an R-8 Zoning District; and
Preliminary Plat Consisting of 17 Building Lots(Including One for an Existing Home) and Two (2)
Common Lots on 4.11 Acres of Land in the R-8 Zoning District for Millwood Subdivision,by Epic
Development.
Case No(s). H-2022-0089
For the City Council Hearing Date of. March 21,2023 (Findings on April 4,2023)—Revised
Findings on April 18, 2023
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 21,2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 21,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 21,2023,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -I-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 21,2023,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for annexation&zoning and preliminary plat is hereby approved with
the requirement of a Development Agreement per the provisions in the Staff Report for the
hearing date of March 21,2023,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of March 21,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -3-
By action of the City Council at its regular meeting held on the 18th day of April
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 4-18-2023
Attest:
Chris Johnson 4-18-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-18-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -4-
EXHIBIT A
STAFF REPORT W
COMMUNITY DEVELOPMENT DEPARTMENT C��
I D A H O
HEARING March 21,2023 EMB
Legend
DATE: 0
Project Location EEgg
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner �� FR
208-884-5533
SUBJECT: Millwood Subdivision -
H-2022-0089
LOCATION: 1975 E.Victory Rd.,in the NW 1/4 of
Section 29,T.3N.,RJE. (Parcel
4S 1129223095)
ILI
L PROJECT DESCRIPTION
Annexation of 4.74 acres of land with an R-8 zoning district; and preliminary plat consisting of 17 building
lots(including one for an existing home)and two(2)common lots on 4.11 acres of land in the R-8 zoning
district for Millwood Subdivision.
IL SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 4.11 acres(4.74 acres—annexation area)
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Single-family rural residential(SFR)
Proposed Land Use(s) SFR
Current Zoning Rural Urban Transition(RUT)in Ada County
Proposed Zoning R-8(Medium-density Residential)
Lots(#and type;bldg/common) 17 building/2 common
Phasing plan(#of phases) NA(not proposed to be phased)
Number of Residential Units(type 17 single-family detached units(including existing home)
of units)
Density(gross&net) 4.14 units/acre(gross)
Open Space(acres,total[%]/ 0.27-acre(7%)
buffer/qualified)
— Page 1
Amenities Tot lot with play equipment and a segment of the City's multi-use pathway
system.
Physical Features(waterways, The Eight Mile Lateral rums off-site along the east boundary of the site.
hazards,flood plain,hillside)
Neighborhood meeting date 10/27/22
History(previous approvals) ROS#2426&92734
B. Community Metric
Description Details
Ada County Highway District
• Staff report Yes
(yes/no)
• Requires ACHD No
Commission
Action(yes/no)
• Existing There is one(1)stub street planned to the west boundary of this site with
Conditions Teakwood Place Subdivision(H-2020-0006).
• CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP):
(If no improvements listed/scheduled) There are no roadways, bridges or intersections in the
general vicinity of the project that are in the Integrated Five Year Work Plan(IFYWP)orthe District's
Capital Improvement Plan(CIP).
• Victory Road is scheduled in the IFYWP for a corridor improvement project:Victory Corridor
B, which includes widening to 3-lanes from Locust Grove Road to Eagle Road and
constructing enhanced pedestrian bike facilities with design scheduled for 2025.
• The intersection of Victory Road and Locust Grove Road is scheduled in the IFYWP for an
intersection project including constructing a multi-lane roundabout,removing,and replacing
the existing bridge over the Tenmile creek;with construction in 2023.
• Locust Grove Road Bridge#12 is scheduled in the IFYWP for a bridge improvement project:
South Meridian Improvements A,which includes removing and replacing the existing bridge
over Ten Mile Creek,with construction in 2026.
• The intersection of Victory Road and Locust Grove Road is listed in the CIP to be widened to
4-lanes on the north leg,4-lanes on the south,4-lanes east,and 4-lanes on the west leg,and
signalized between 2021 and 2025.
• Victory Road is listed in the CIP to be widened to 3-lanes from Locust Grove Road to Eagle
Road between 2026 and 2030.
Level of Service Better than"E" "E"is acceptable)
Access Existing access for this parcel is provided via an access easement across the
(Arterial/Collectors/State parcel to the northeast of this site(#S 1129223005 DeChambeau)via E.Victory
Hwy/Local)(Existing and Rd.Proposed access is via the extension of E.Richardson St.,a local street
Proposed) proposed with Teakwood Subdivision at the west boundary.
Proposed Road Improvements None this site doesn't have frontage on Victory Rd.
Fire Department
• Distance to Fire Station 1.6 miles from Station#4
• Resource Reliability 74%(doesn't meet targeted goal of 80%or greater)
• Risk Identification 2(current resources would not be adequate to supply service to this project)
• Accessibility Project meets all required access,road widths&turnarounds.
• Special/resource needs An aerial device is required.
• Water Supply 1,000 gallons per minute for one hour
Page 2
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III. APPLICANT INFORMATION
A. Applicant:
Truman Mathews,Epic Development— 1831 E. Overland Rd.,Meridian,ID 83642
B. Owner:
Ted Burke,EDM Partners—2185 East 3300 South, Salt Lake City,UT 84109
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 1/29/2023 3/5/2023
Radius notification mailed to
property owners within 300 feet 1/26/2023 3/3/2023
Public hearing notice sign posted NA (not required as the NA (not required as the
on site property is not property is not
adjacent to any streets) adjacent to any streets)
Nextdoor posting 1/30/2023 3/7/2023
Page 4
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Medium-Density Residential(MDR)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities
of three (3)to eight(8)dwelling units per acre.
The Applicant proposes a 17-lot subdivision for single-family residential detached homes at a gross density
of 4.14 units per acre,consistent with the density desired in the MDR designation. Lots for proposed homes
range in size from 4,245 square feet(s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre);the size of the lot
proposed for the existing home is 34,706 s.f. (or 0.80-acre). Although the overall density is consistent with
the density desired in the MDR designation,the lot sizes proposed are smaller than typical for the density
proposed with the retention of the existing home on a large lot.
TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this
property. Local streets are proposed internally for access to the proposed lots. Transit services are not
available to this site.
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents." (2.01.02D)
The proposed single-family detached dwellings on smaller lots will contribute to the variety of housing
types and financial capabilities offuture residents available in the City.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval,and in accord with any adopted levels of service for
public facilities and services." (3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City." (2.01.01G)
This area is concentrated with single-family detached homes on a variety of lot sizes in the R-4 and
R-8 zoning districts; there is no diversity in housing types in this area.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities,and other best site design practices."(3.07.01A)
No buffering or screening is proposed as residential is proposed next to residential land uses. The
development proposes lot sizes that are 2,000+sf.smaller than abutting lots in the development
process to the west in Teakwood Subdivision and about twice as small as those to the south in
Tuscany Lakes Subdivision. To provide a better transition to abutting future lots to the west,Staff
recommends one(1)lot is removed in the area between Lots 6-8 where portions of three(3)lots
abut one(1)lot, and another one removed along the south boundary in the area between Lots M-
14.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed development should be compatible with abutting existing and future single-family
residential uses if the applicant revises the plat as recommended above to minimize conflicts.
Page 5
• "Support infill development that does not negatively impact the abutting,existing development.
Infill projects in downtown should develop at higher densities,irrespective of existing
development." (2.02.02C)
The subject property is part of a larger infill area that has not yet redeveloped and is surrounded by
City annexed land. The proposed residential development shouldn't have a negative impact on
abutting existing development if a better transition in lot sizes and configuration is provided as
recommended.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and though this development in accord with
current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision
is required to connect to City water and sewer service.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.011))
The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west
side of the adjacent Eight Mile Lateral adjacent to the northern portion of the east boundary of this
site.A micro path is proposed to the west in the common lot at the southwest corner of the site for
connectivity with the adjacent development('Teakwood Subdivision). The Applicant should
coordinate with the adjacent developer to provide a break in the fencing where the common areas
adjoin to allow the connectivity between developments and a larger overall open space area to be
enjoyed by residents of both developments.
• "Require urban infrastructure be provided for all new developments,including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb,gutter and sidewalks are required to be provided
with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties"
If annexed, the existing home will be required to abandon the existing septic system and connect to
the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe." (2.02.02)
Development of the subject infill parcel will maximize public services.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 4.74 acres of land with an R-8 zoning district,which includes land to
the center line of the adjacent Eight Mile Lateral owned by NMID.A legal description and exhibit map
for the annexation area is included in Section VIILA. This property is within the City's Area of City
Impact boundary.
Page 6
There is an existing home and some accessory structures on the site;the existing home is proposed to
remain on a lot in the proposed subdivision,the accessory structures will be removed. As a provision of
annexation,the existing home should connect to City water and sewer service within 60 days of it
becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8.
A preliminary plat and conceptual building elevations were submitted showing how the property is
proposed to develop with 16 new single-family detached dwellings and retention of the existing home
(see Section VIII). The proposed use and density of the development is consistent with the MDR FLUM
designation as noted above in Section V.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per
UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table
11-2A-6 for the R-8 zoning district.
This property and the properties to the north and east are enclaves surrounded by City annexed land with
existing and future single-family residential detached homes.As noted above in Section V,development
of infill properties is supported provided it doesn't negatively impact the abutting,existing development.
Because like uses(i.e. single-family detached residential)are proposed,the proposed development
should be compatible with adjacent uses and shouldn't negatively impact them. Removing a lot along the
west boundary and the south boundary as noted above in Section V should provide a better transition to
abutting lots and not negatively impact them.
Future development should be generally consistent with the development plans submitted with this
application and should comply with the conditions included in Section IX.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 17 building lots and 2 common lots on 4.14 acres of land in
the proposed R-8 zoning district(see Section VIII.B). Proposed lots range in size from 4,245 square feet
(s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre)with a 34,706 square foot(or 0.80-acre)lot where the
existing home is proposed to remain. The subdivision is proposed to develop in one phase.
Existing Structures/Site Improvements: There is an existing home and accessory structures on this
site. The home is proposed to remain on a lot in the proposed subdivision;the accessory structures will
be removed. Prior to the City Engineer's signature on the final plat, all existing structures that do
not conform to the setbacks of the district are required to be removed.
Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to
comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The
proposed plat appears to comply with the dimensional standards of the district although a curve
table was not included on the plat to ensure compliance.Lot numbers in each block should be
consecutive; revise accordingly.
Access: Access is proposed via the extension of E.Richardson St.,a local street planned to stub to the
west boundary of the site with development of Teakwood Subdivision. Emergency access is proposed
via the driveway for the existing home at the east boundary of the site from Victory Rd. and to the~e~*'�
thfough Lot �. Bollards are required to be placed across the emergency access driveway from
Victory Rd.,30 feet from the right-of-way of Victory Rd.,to prohibit public access; bollards shall
meet the Fire Dept. requirements as either knock over or two bollards with a heavy chain and
knox padlock.
Page 7
ACHD is requiring right-of-way(ROW )to be dedicated(but the street not constructed) for the future
extension of Richardson St. from the east side of Tamayo Ct. to the east property line upon
redevelopment of the property to the east. This unimproved area may be landscaped if desired through a
license agreement with ACHD.
A local street(Tamayo Ct.)is proposed off Richardson St. to the south terminating in a cul-de-sac.No
other stub streets exist to this site that require extension and no other stub streets are required to be
provided to adjacent properties.The proposed dead-end street/cul-de-sac complies with the standards
listed in UDC 11-6C-3B.4.
The access for the existing home via an easement from Victory Rd. shall terminate and sole access
should be provided internally from Tamayo Ct.; emergency access only may be provided from this
driveway.The address for the existing home is required to change since access will no longer be
provided via Victory Rd.
Common Driveways(UDC 11-6C-3D : All common driveways are required to be designed and
constructed per the standards listed in UDC 11-6C-3D. Two(2)common driveways are proposed on the
plat.
All properties that abut a common driveway shall take access from the driveway; however,if an abutting
property(i.e. Lot 12)has the required minimum street frontage,that property is not required to take
access from the common driveway. In this situation,the abutting property's driveway shall be on the
opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to
common driveways shall be prohibited,unless separated by a minimum five-foot wide landscaped buffer
planted with shrubs,lawn or other vegetative groundcover. " mi4sed detail for-the eemmen dFive w ays
,
landseaping and or-iepAatien of the lots and stmetoFes.
A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a
requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. The
easement may be depicted on the plat with a note including the required specifications or in a separate
easement. If a separate easement is submitted, a copy of the recorded easement shall be submitted
prior to City Engineer signature on the final plat.
Landscaping(UDC 11-3B):No street buffers are required to be provided in this subdivision as only
local streets are proposed,which don't require buffers per UDC Table 11-2A-6.
Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C, the landscape
plan should be revised to include landscaping along the micro-path in the common lot at the
southwest corner of the site and along the multi-use pathway along the northern portion of the east
boundary of the site. Calculations should be included demonstrating compliance with these
standards.
Landscaping is proposed in common open space areas in accord with the standards listed in UDC
11-3G5B.3.Include calculations on the plan that demonstrate compliance.
There are a lot of existing trees on this site,many of which are proposed to be preserved and protected as
depicted on the landscape plan. Mitigation is required for trees being removed from the site per the
standards listed in UDC 11-3B-10C.5 and should be depicted on the landscape plan.
The landscape plan incorrectly depicts an irrigation easement over the common lot at the east
boundary of the site; the plan should be revised to remove the easement.
Common Open Space& Site Amenities(UDC 11-3G-3): Common open space and site amenities are
required to be provided with development of properties of 5 acres or more in area per the standards listed
in UDC 11-3G-3.This site consists of 4.11 acres of land; therefore,minimum open space&site amenity
Page 8
standards do not apply.A total of 0.27-acre (or 7%)of common open space is proposed consisting of a
0.18-acre common area with a 30' x 40' tot lot along the west boundary of the site with a pathway that
connects to common open in the abutting future development to the west(Teakwood subdivision)and
another 0.08-acre common lot on the northeast portion of the site. Additional common open space
(approximately 0.20-acre)will be provided with the provision of a common lot for the multi-use
pathway along the east boundary of the site.Total common open space provided within the development
will be approximately 0.55-acre (or 13.5%).
Pathways: The Pathways Master Plan depicts a multi-use pathway along the eastern boundary of this
site adjacent to the Eight Mile Lateral;the"working"version of the plan has been updated to depict the
pathway crossing the lateral at the existing bridge and then continuing to the south on the east side of the
lateral. The landscape plan should be revised to include a 10-foot wide multi-use pathway with a 5-
foot wide strip on each side of the pathway,landscaped per the standards listed in UDC 11-3B-
12C,in the common lot along the east boundary of the site on the portion of the site north of the
bridge; the common lot proposed to the south of the bridge is not needed and the area should be
absorbed into adjacent building lots.The pathway should be constructed per the standards listed
in UDC 11-3A-8.A 14-foot wide public pedestrian easement shall be submitted to the Planning
Division for the pathway prior to signature on the final plat by the City Engineer.
The Park's Dept. recommends the off-site bridge across the Eight Mile Lateral be widened or a
separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use with NMID's
consent.
Sidewalks (11-3A-17): A 5-foot wide attached sidewalk is required along internal local streets as
proposed. Sidewalks and curbing are not required along common driveways; remove from the
plan.
Waterways: The Eight Mile Lateral runs off-site along the eastern boundary of the site within property
owned by Nampa-Meridian Irrigation District.
Fencing: All fencing is required to be comply with the standards listed in UDC 11-3A-6C and 11-3A-7.
A 6-foot tall closed vision fence is proposed along the perimeter boundary of the development and
around common open space areas visible from the street.A 4-foot tall open vision fence is proposed
adjacent to the multi-use pathway and canal along the east boundary of the site. A 6-foot tall open vision
fence (wrought ) should be installed between the pathway and the lateral for public safety in accord
with the Park's Dept. comments in Section IX. A detail(s)of the proposed fencing should be included
on a revised landscape plan submitted with the final plat application.
The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west
to provide a break in the fencing where the common areas adjoin to allow the connectivity between
developments and a larger overall open space area to be enjoyed by residents of both
developments.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. The existing home proposed to remain on Lot 3,Block 2 is required to connect to City water
and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances.Design and construction shall
Page 9
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical
report was submitted with this subdivision.
Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate
what future homes in this development will look like (see Section MILE).A mix of single-story and 2-
story homes are proposed with a mix of building materials,including stone veneer accents,and
architectural elements. Future structures should be generally consistent with the proposed
elevations.
VIL DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zoning Commission heard these items on February 16,2023. At the
public hearing,the Commission moved to recommend approval of the subject AZ and PP
requests.
1. Sutmnary of Commission public hearing
a. In favor: Todd Lakey(applicant's Representative)
b. In opposition: None
C. Commenting: Mary DeChambeau
d. Written testimony: Delaine McLafferty—opposed the project due to traffic concerns
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Ke, ids)of public testimony.
a. None
3. Ke, ids)of discussion by Commission:
a. Transitional lots sizes on the west and south boundary.
b. Continued use of the vehicular bridge as a pedestrian bridge.
C. Relocating or eliminating one lot from taking access from the common driveway in the
southeast corner of the development.
4. Commission change(s)to Staff recommendation:
a. At Staffs request,include a provision in the DA as follows: "Construction traffic for the
re-development of this property shall access the site via the future extension of
Richardson Street: access via the existing easement from E. Victory Rd. is prohibited."
b. At Staffs request,include a preliminary.plat condition of approval for the final plat to
be amended consistent with the lot configurations depicted on the revised common
driveway exhibit in Section VIILD."
C. At the applicant's request,the Commission included a DA provison to limit the homes
on the southern lots to single story only.
d. Commission struck condition 2A removingthe he requirement to lose lots along the west
and south boundary.
C. Modified condition#10-Coordinate with the Parks Department to determine if the
existing bridge can be used for a pedestrian crossing
5. Outstandingissue(s) for City Council:
a. None
C. The Meridian City Council heard these items on March 21.2023.At the public hearing_the
Council moved to approve the subject AZ and PP requests.
Page 10
1. Summary of the City Council public hearing:
a. In favor: Todd Lakev,Applicant's Representative
b. In opposition:None
C. Commenting: Monty Morgnerr Mary DeChambeau
d. Written testimony: Monty Morgner,Mary DeChambeau
C. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Garrett White,Park's Dept.: Joe Bongiomo
Fire Dept.
2. Key issue(s)of public testimony:
a. Historical issues between this property and the neighboring DeChambeau property in
regard to Ada Countv's previous approval of an access easement/road through their
property benefitting the subject property(i.e. irrigation,drainage, access road. etc.l_
b. Traffic concerns related to the proposed development: the access easement that exists
across the DeChambeau property that provides access to this property: objecting to the
existing home remaining on the property because it doesn't fit in with the surrounding
neighborhood:request for the pathway along the northeast side of the development to
be fenced off from the waterway&the property to the east:the height of the homes
along the east boundary of the development don't fit with the rest of the neighborhood:
and concerns pertaining to light impacts from the development on the property to the
east
c. Fire Dept. testified they felt comfortable using the existing bridge for emergency access.
3. Key issue(s)of discussion by City Council:
a. The pedestrian pathway and bridge required across the lateral-
b. Possibility of using the other access easement that exists to the west approved with the
Teakwood development for secondary access to this property rather than using the
existing one across the DeChambeau property and vacate the one across the
DeChambeau property.
4. City Council change(s)to Commission recommendation.
a. The Council added a DA provision requiring all homes within the development to be
fire sprinklered unless an access easement can be provided that allows for emergency
access only to be provided across the DeChambeau property(see Section IX.A.Ie).
b. At the recommendation of Staff Council added a DA provision at the recommendation
of Staff requiring a"no trespassing" sign to be installed at the end of the multi-use
pathway along the east boundary of the site that stubs to the DeChambeau property(see
Section IX.A.1 fl.
Page 11
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map -Revised
ANNEXATION MILLWOOD SUB
EXHBIT A
PROPERTY DESCRIPTION
A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29,Township 3 North, Range 1 East, Boise
Meridian,Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29;thence
N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin;
thence S.00°01'15"W. a distance of 629.35 feet more or less to a to a point lying on the Centerline of
Eight Mile Lateral, said pin also being the POINT OF BEGINNING;
Thence S.00°01'15"W.a distance of 390.73 feet to a 5/8" iron pin;
Thence N.73002'00"W. a distance of 354.80 feet to a 5/8" iron pin;
Thence N.00"01'30"W. a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile
Lateral;
Thence along the Centerline of Eight Mile Lateral S.37°58'06"E.a distance of 281.07 feet to a point;
Thence continuing along said centerline S,30-32'48"E. a distance of 328.43 feet to a point also being the
POINT OF BEGINNING.
Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways
of record or implied.
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Page 12
EXHIBIT B
ANNEXATION FOR MILLWOOD SUB.
PORTION OF THE NW1/4 OF THE NW1/4, SECTION29,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
CP&F NO. BASIS OF BEARINGS
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Page 13
B. Preliminary Plat(dated: 2/10/23)
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Page 17
E. Conceptual Building Elevation Photos
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Page 18
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to
approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption,and the developer.
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum,incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,landscape
plan and conceptual building elevations included in Section VIII and the provisions contained
herein.
b. The existing home proposed to remain on a lot in the subdivision shall be required to connect to
City water and sewer service within 60 days of it becoming available and disconnect from
private service,as set forth in MCC 9-1-4 and 9-4-8.
c. Construction traffic for the re-development of this property shall access the site via the future
extension of Richardson Street, access via the existing_ easement from E. Victory Rd. is
prohibited.
d. The homes constructed on Lots 4-8,Block 1 shall be restricted to single story only.
e. The Developer shall install fire sprinklers in all homes within the subdivision_inehiding extent
for the existing home: or,with submittal of the final plat application_submit written
documentation that demonstrates the existing access easement via E. Victory Road across the
DeChambeau property(Parcel#S 1129120742)may be used for emergency access only for the
development—in this case_ fire sprinklers are not required for any of the units.
f. The Developer shall install a"no trespassing" sign at the end of the multi-use pathway along the
east boundary of the site that stubs to the DeChambeau property(parcel#S 1129120742).
2. The final plat shall include the following revisions:
beundaFy in the a-r-ea be�ween Lots 11 14 in order-to pr-eN4de a better-tr-msitien in lot sizes to
.,a aeer+
b. Right-of-way is required to be dedicated from the east side of Tamayo Ct.to the east property
line to allow for future construction of a stub street(Richardson St.).No improvements are
required in this area at this time,per the ACHD staff report(condition 92).
c. Remove the sidewalks and curbing along common driveways.
d. Include a curve table.
e. Revise lot numbers in each block to be consecutive.
f. Remove the common lot for the pathway along the eastern boundary of this site south of the
existing bridge as the pathway is planned to cross the bridge and continue off-site to the south.
This area can be absorbed by adjacent lots.
g_ Amend the plat consistent with the lot configurations depicted on the revised common driveway
exhibit in Section VIILD.
Page 19
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Revise the lot configuration as required in conditions 42a and 42f above.
b. Depict landscaping if desired in the right-of-way required to be dedicated for the future
extension of Richardson St. from Tamayo Ct. to the east property line no improvements are
required in this areal. A license agreement will be required with ACHD for landscaping within
this area per the ACHD staff report(condition 42).
c. Depict a 10-foot wide multi-use pathway with a 5-foot wide strip on each side of the pathway in
the common lot along the northern portion of the east boundary of the site(north of the existing
bridge across the Eight Mile Lateral adjacent to Lots 1-3,Block 1 and Lot 3,Block 2),in accord
with the"working"version of the Pathways Master Plan,landscaped per the standards listed in
UDC 11-3B-12C.
d. Include mitigation calculations on the plan for existing trees that are proposed to be removed in
accord with the standards listed in UDC 11-3B-IOC.5.
e. Include calculations that demonstrate compliance with the common open space standards listed
in UDC 11-3G-5B.3 and the pathway standards listed in UDC 11-3B-12C.
f. Include a detail for each of the proposed fencing types and for the children's play equipment
proposed for the tot lot.
g. Remove the perimeter fencing along the west boundary of the common lot at the southwest
corner of the development where it adjoins common area in Teakwood Subdivision if the
Applicant is able to coordinate with the adjacent developer to arrange no fencing on that
development in the same area.
h. I the easement for the access road across the DeChambeau property(parcel#S 1129120742)is
determined eligible to be used for emergency access only and consent from the property owner
is obtained_Ddepict bollards across the emergency access driveway 30 feet from the right-of-
way of Victory Rd. to prohibit public access; bollards shall meet the Fire Dept. requirements as
either knock over or two bollards with a heavy chain and knox padlock.
i. Remove the irrigation easement depicted over the common lot along the east boundary of the
site as there is no easement over that area.
J. Depict a 6-foot tall open vision fence (wrought iron) fence between the pathway and the lateral
for public safety in accord with the Park's Dept. comments in Section IX.E.
4. The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west
to provide a break in the fencing where the common areas adjoin to allow the connectivity between
developments and a larger overall open space area to be enjoyed by residents of both developments.
5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to
the setbacks of the R-8 zoning district shall be removed.
6. The address for the existing home is required to change since access will no longer be provided from
E.Victory Rd. The Applicant should coordinate the new address with the Land Development Dept.
(trickskmeridiancity.org).
7. Access for the existing home shall be provided solely from internal local streets;the existing
driveway via E.Victory Rd. shall be used solely for emergency access.
8. Submit a 14-foot wide public pedestrian easement for the multi-use pathway required along the
northern portion of the east boundary of the site prior to City Engineer signature on the final plat.
Page 20
9. All common driveways shall be designed and constructed per the standards listed in UDC 11-6C-3D
and shall be consistent with the exhibit in Section VIII.D. Stibmit., detail f r eaeh Of the eE)mmEdf:ivewa-ys with the final plat applieation that depiets the sethaeks, feneing,building eiv�,elepe
(ineluding paFking pad), !a-ndseaping and orientation of the lots and stFuetuFes that eemplies with the
afemmentioned standards. Make a"ehanges neeessafy to the pr-eliminafy plat and landseape plan to
10. The applicant shall coordinate with the Parks Department to determine if the existing bridge can be
used as a pedestrian crossing_The bridge across the Eight Mile Lateral shall be widened or a
separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use pathway as
required by the Park's Dept.with the NMID's consent.
11.Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two(2)years of the approval of the preliminary plat.
Upon written request and filing by the applicant prior to the termination of the period in accord with
subsections(A)and(B)of UDC 11-6B-7,the director may authorize a single extension of time to
obtain the city engineer's signature on the final plat not to exceed two(2)years. Additional time
extensions up to two (2)years as determined and approved by the City Council may be granted.
With all extensions,the director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of this title.
B. PuBuc WoRKs
1. Site Specific Conditions of Approval
1.1 As per the Pre-con notes,applicant to provide water main to property boundary along this
southeast portion(need to provide to-and-through to 2015 E VICTORY RD).
1.2 Water mains are not allowed in common driveways.
1.3 Mains require 20'easement with no permanent structures which includes trees.
1.4 Provide hydrant or 4"blow-off at eastern property boundary.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B) for
review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
Page 21
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed,and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C).The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available,a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation
and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells
in the development,and if so,how they will continue to be used,or provide record of their
abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures
and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures.Where approved by the City Engineer,an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
Page 22
2.17 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.20 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.men'diancity.org/public_works.aspx?id=272.
2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
hyps://weblink.meridiancity.org/WebLink/DocView.aspx?id 286468&dbid 0&repo MeridianCity&cr
1
D. POLICE DEPARTMENT
No comments were submitted.
E. PARK'S DEPARTMENT-REVISED
https:llweblink.meridiancity.oLg/WebLinkIDocView.aspx?id 289312&dbid O&repo MeridianCity
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancioy.org/ffebLink/DocView.aspx?id 287221&dbid O&repo MeridianCitX
Page 23
G. WEST ADA SCHOOL DISTRICT(WASD)
No comments were submitted.
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioyorglWebLinkIDocView.aspx?id 287891&dbid O&rgpo MeridianCiU&cr
1
L IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspxTid287900&dbid0&repo—Meridian CitX
J. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancioy oEgi ebLinkIDocView.aspxTid 288769&dbid O&rgpo MeridianCitX
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
hyps://weblink.meridiancity.org/WebLink/DocView.aspxTid=288769&dbid 0&repo MeridianCitX
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's request to annex the subject property with R-8 zoning and
develop single-family detached dwellings on the site at a gross density of 4.14 units per acre is
consistent with the density desired in the MDR designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The City Council finds the proposed map amendment to R-8 and development generally complies
with the purpose statement of the residential districts in that it will contribute to the range of
housing opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and welfare;
The City Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent single-family
residential homes/uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
The City Council finds City services are available to be provided to this development. Comments
were not received from WASD on this application so Staff is unable to determine impacts to the
school district.
Page 24
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the city.
B. Preliminary Plat(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008)
The City Council finds the proposed plat is generally in conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the plat is in conformance with scheduled public improvements for this area
in accord with the City s CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety
or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that need to
be preserved with this development.
Page 25
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Development Agreement (Pinedale Subdivision H-2022-0001) Between City
of Meridian and Piedmont Project LLC for Property Located at 3275 W. Pine Ave.
ADA COUNTY RECORDER Trent Tripple 2023-022361
BOISE IDAHO Pgs=38 BONNIE OBERBILLIG 04/19/2023 08:19 AM
CITY OF MERIDIAN,IDAHO NO FEE
ADA COUNTY RECORDER Trent Tripple 2023-024580
BOISE IDAHO Pgs=39 NIKOLA OLSON 04/28/2023 10:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
Re-Record to remove address from Legal Description on Page 8, 25 and 27
DEVELOPMENT AGREEMENT
PARTIES: 1• City of Meridian
2. Piedmont Project, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 18th
day of_April , 2023, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642, and Piedmont Project, LLC, whose address is 2338 W. Boulder Bar Drive, Meridian, ID,
83646, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer make
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 1.22 acres of land with a request for the R-8 (Medium-Density
Residential) zoning district on the property as shown in Exhibit"A"under the
Unified Development Code,which generally describes how the Propertywill be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
DEVELOPMENT AGREEMENT—PINEDALE SUBDIVISION(H-2022-0001) PAGE 1 OF 7
Re-Record to remove address from Legal Description on page 8, 25 and 27.
DEVELOPMENT AGREEMENT
1. City of Meridian
PARTIES: 2. Piedmont Project, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 18th
day of April , 2023, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642, and Piedmont Project, LLC, whose address is 2338 W. Boulder Bar Drive, Meridian, ID,
83646, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer make
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 1.22 acres of land with a request for the R-8 (Medium-Density
Residential) zoning district on the property as shown in Exhibit "A"under the
Unified Development Code,which generally describes how the Property will be
developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
DEVELOPMENT AGREEMENT-PINEDALE SUBDIVISION(H-2022-0001) PAGE I OF 7
L 7 WHEREAS, on the 9`I' day of August, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS, Owner/Developer deein it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this Agreement,herein being established as a result of evidence received by the
City in the proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected property
owners and to ensure zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19,2019,Resolution
No. 19-2179, and the UDC, Title 11.
NOW,THEREFORE,in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER:means and refers to Piedmont Project,LLC,whose
address is 2338 West Boulder Bar Drive, Meridian, Idaho, 83646, hereinafter
called OWNER/DEVELOPER, the party that owns and is developing said
Property and shall include any subsequent owner(s)/developer(s)of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement and attached hereto and by this reference
incorporated herein as if set forth at length.
DEVELOPMENTAGREEMENT-PNEDALESUBDIVISION(H-2022-0001) PAGE 2oF7
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be substantially consistent with the approved
plat,landscape plan,and conceptual building elevations included in Section VII and
the provisions contained herein and shall be obligated to install and maintain the
open space and amenity as proposed on the approved plans.
b. The Applicant shall work with Staff to include shared driveways where feasible to
help remove the number of driveways proposed, especially for those lots taking
direct access from the cul-de-sac, W. Newland Court.
c. With the Final Plat submittal, the Applicant shall provide proof to the Planning
Division that the existing access for the property via the vehicularbridgenorth of the
subject site has been approved as a pedestrian bridge for the future multi-use
pathway segment in the adjacent subdivision and any vehicular access rights to this
area have been relinquished.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an interest
in the Property,fail to faithfully comply with all of the terms and conditions included in
this Agreement in connection with the Property, this Agreement may be terminated by
the City upon compliance with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement,
Owner/Developer shall have thirty(30)days from receipt ofwritten notice from City to
initiate commencement of action to correct the breach and cure the default, which
action must be prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however, that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (180) day period, then the time
allowed to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
DEVELOPMENT AGREEMENT-PI-NEDALE SUBDIVISION(H-2022-0001) PAGE 3 OF 7
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service.Further,City shall have the right to file an action at
law or in equity to enforce the provisions of this Agreement. Because the covenants,
agreements,conditions,and obligations contained herein are unique to the Property and
integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be
governed by and construed in accordance with the laws of the State of Idaho,including
all matters of construction,validity,performance,and enforcement.Any action brought
by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the
covenants or conditions hereof shall apply solely to the default and defaults waived and
shall neither bar any other rights or remedies of City nor apply to any subsequent
default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terns and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,including
all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of
the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If
for any reason after such recordation, the City Council fails to adopt the ordinance in connection with
the annexation and zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure
DEVELOPMENT AGREEMENT-PINEDALE SUBDIVISION (H-2022-0001) PAGE 4 OF 7
the installation of required improvements,which the Owner/Developer agree to provide,if required by
the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and accepted by the City, or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three(3) days after deposit in the United States
Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Piedmont Project, LLC
2338 W. Boulder Bar Dr.
Meridian, ID 83646
14.1 A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every tern, condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties' respective heirs, successors, assigns and personal representatives, including
City's corporate authorities and their successors in office. This Agreement shall be binding on the
Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except
that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon
written request of Owner and/or Developer, to execute appropriate and recordable evidence of
DEVELOPMENT AGREEMENT-PINEDALE SUBDIVISION(H-2022-0001) PAGE 5 OIL 7
termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner
and/or Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court
of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or
other proceeding instituted by any third party(including a governmental entity or official)challenging
the validity of any provision in this Agreement,the parties agree to cooperate in defending such action
or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein. Except as
herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement
shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns, and pursuant, with respect to City,to a duly adopted ordinance or resolution
of City.
21.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s)in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMEN"T AGREEMENT-PINEDALE SUBDIVISION(H-2022-0001) PAGE 6 OT`7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER:
Piedmo roject,LLC
By:
STATE OF IDAHO }
ss:
County of Ada ( )
On this.w da of��,� ;2023,before me,the undersigned,a Notary Public in and for said State,
personally zrrezrei U i , known or identified to me to be the of
Piedmont Project,LLC and the person who-signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Y GRANT
Notary Public
oTry Public My Commission Expires: -
State of Idaho
Commission No. 20203343
CITY OF MERIDIAN ATTEST:
Mayor Robert"orison 4-18-2023 Chiis ohnsonrity Cle 42023
STATE OF IDAHO )
ss
County of Ada )
On this 18th day of ,April , 2023, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same_
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
—(')na'J�
CHARLENE WAY Notary Public for Idaho
COMMISSION No. 67390 My Commission Expires 3-28-2028
NOTARY PUBLIC
STATE OF IDAHO
DEVELOPMENT AGREEMENT-PINEDALE SUBDIVISION(H-2022-0001) PAGE 7 OF 7
EXHIBIT A
ACKERMAN
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May 18,2022
Pinedale Subdivision Annexation and Rezone to R8
Legal Description
3679 West Newland
Street
Meridian, ID 83642
A parcel of land being a portion of the SE %of Section 10, T. 3N, R.1W, Boise-Meridian, Ada Couty, Idaho,
more particularly described as follows:
BEGINNING at a 5/8" iron pin marking the southeast corner of Chesterfield Subdivision Number 4;thence
along the northerly right-of-way line of Union Pacific Railroad South 88°25'14" East a distance of 311.32 feet
to a point on the westerly edge of Tenmile Creek; thence leaving said northerly right-of-way line of Union
Pacific Railroad on the westerly edge of said Tenmile Creek North 32°49'09" West a distance of 120.21 feet;
thence North 48°06'05" West a distance of 101.97 feet; thence North 43°31'33"West a distance of 144.27
feet;thence leaving said westerly edge of Tenmile Creek North 88°25'56" West a distance of 66.78 feet to a
point on the easterly boundary of Chesterfield Subdivision Number 4; thence along said easterly boundary of
Chesterfield Subdivision Number 4 South 00°52'04" West a distance of 267.00 feet to the POINT OF
BEGINNING.
The above described parcel contains 1.22 acres, more or less.
HEADQUARTERS 4165 30TH AVE S 3210 27TFI ST W 7661 w RIVERSIDE DR
1907 17TH ST SE SUITE 100 SUITE 200 SUITE 102
NIINOT, NO 58701 FARGO, ND 58104 wILLISTON, ND 58801 GARDEN CITY, ID 83714
701.837.8737 701.551.1250 701.577.4127 208.853,6470
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ANNEXATION
EXHIBIT B
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FOUND MONUMENT
B.O.B.BASIS OF BEARING
P.O.B.POINT OF BEGINNING
P.O.C.POINT OF COMMENCEMENT
CITY OF MERIDIAN
AREA TO BE ANNEXED
�ACKERMAN
ESTVOLD
7661 West Riverside Drive,Ste.102 . Garden City,ID 83714
H 208.853.6470 www.ackerman-estvold.com
1'1,1�1'1 I'll D'-H' I
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW Q E
� 1"1. ,
AND DECISION& ORDER :M N
. . ,
In the Matter of the Request for Annexation and Zoning of 1.22 acres of land with a request for the
R-8 zoning district and a Preliminary Plat for 7 building lots and 1 common lot on 1.22 acres in the
requested R-15 zoning district,by Pine Project,LLC.
Case No(s). H-2022-0001
For the City Council Hearing Date of: July 26, 2022 (Findings on August 9, 2022)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of July 26, 2022, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 26, 2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 26, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached StaffReport for the hearing
date of July 26, 2022, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975," codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title I i Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning'urisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has Laranted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department, the Public� orks Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PINEDALE SUBDIVISION-FILE#H-2022-0001)
-I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 26,2022, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of July 26, 2022, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property sliall be required to go through the platting procedure again (UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval,and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period. Additional time extensions up to two (2) years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PINEDALE SUBDIVISION-FILE#H-2022-0001)
-2-
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I I(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-65 2 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of July 26, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PINEDALE SUBDIVISION-FILE#H-2022-0001)
-3-
By action of the City Council at its regular meeting held on the 9th day of August
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED—AYE—
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER TREG BERNT VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT E. SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 8-9-2022
By Brad Hoaglun, Council President
Atte.st:
SFAI
Chris Johnson 8-9-2022
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: _01 Dated: 8-9-2022
City Clerk's Office 4-
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PINEDALE SUBDIVISION-FILE#H-2022-0001)
-4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/26/2022 Legend
DATE: 0
Project Location _LU_L LrU
TO: Mayor&City Council o ff
FROM: Joe Dodson Associate Planner
^ a�
[TTI llTff�iH ;�
208-884-5533 �[Tt
SUBJECT: H-2022-0001 x _a
._
Pinedale Subdivision ------ -
LOCATION: The site is located at 3275 W. Pine
Avenue (Parcel#S 1210417400), at the
east terminus of W.Newland Street inar
the Chesterfield Subdivision,in the NW
1/4 of the SE 1/4 of Section 10,
Township 3N,Range 1 W. pun
1. PROJECT DESCRIPTION
Annexation and Zoning of 1.22 acres of land with a request for the R-8 zoning district and a Preliminary
Plat for 7 building lots and 1 common lot on 1.22 acres in the requested R-15 zoning district,by Pine
Project, LLC.
NOTE: This application was remanded back to Planning and Zoning Commission from City
Council at the request of the Applicant for the purpose of revising the preliminary plat in response
to the discussions held at the March 3,2022 Commission meeting.This staff report contains
analysis on the revised preliminary plat and zoning request and should be treated as a new staff
report for the Pinedale Subdivision—the original staff report can be reviewed within the public
record.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.22 acres
Future Land Use Designation Mixed-Use Community 6-15 du/ac
Existing Land Use(s) County Residential
Proposed Land Uses Detached Single-family Residential
Lots(#and type; 8 total lots—7 residential building lots and 1 common
bldg./common)) lot
Phasing Plan #ofphases) 1 phase
Number of Residential Units 7 single-family detached units
Page 1
Description Details Page
Open Space(acres, total Approximately 9,970 square feet of open space
[%]/buffer/ ualified) (approximately 18.8%)
Amenity Micro-path connection to future multi-use pathway at
north end of property
Neighborhood meeting date; # November 5, 2021 — 1 attendee
of attendees:
History(previous approvals) No previous approvals with the City
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no)
Access Access is proposed via extension of the existing stub street,Newland Street;
(Arterial/Collectors/State it is proposed to be extended into the site as a cul-de-sac.
Hwy/Local)(Existing and
Proposed)
Stub No opportunity for further public street extension;Newland Street will
Street/Interconnectivity/Cross terminate within the site as a full cul-de-sac.
Access
Existing Road Network No
Proposed Road The Applicant is only required to extend Newland Street into the site.No
Improvements other road improvements are proposed or required.
Fire Service
• Distance to Fire 2.8 miles from Fire Station#2.
Station
• Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5
minutes. Once Pine Avenue is constructed over the Tenmile Creek,the
project will lie within the response time goal window.
• Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%)
• Risk Identification Risk Factor 2—Residential with hazards (Tenmile Creek along east
boundary)
• Accessibility Proposed project meets all required road widths, and turnaround dimensions.
Cul-de-sac is required to be signed"No Parking,"per Fire Department
regulations.
Police Service
No report—see online record for any comments from MPD.
Wastewater
• Distance to Sewer 0'
Services
Description Details Page
• Project Consistent Yes
with WW Master
Plan/Facility Plan
• WRRF Declining 14.26
Balance
• Impacts/Concerns • Flow is committed
• See Public Works Site Specific Conditions
• Additional 510 gpd flow was committed to model
Water
• Distance to Services 0'
• Pressure Zone 2
• Project Consistent Yes
with Water Master
Plan
• Water Quality None
Concerns
• Impacts/Concerns See site specific conditions in Section VIII.B
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IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/31/2022 7/10/2022
Radius notification mailed to
properties within 500 feet 5/26/2022 7/7/2022
Site Posting 5/31/2022 7/15/2022
Nextdoor posting 5/25/2022 7/8/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https.Ilwww.ivet-idianci ,,.or /g compplon)
Mixed-Use Community(MU-C)—The purpose of this designation is to allocate areas where
community-serving uses and dwellings are seamlessly integrated into the urban fabric (residential
dwellings are allowed at a gross density of 6-15 du/ae). The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings.Non-
residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood
(MU-N) areas,but not as large as in Mixed Use Regional (MU-R) areas. Goods and services in
these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike
to (up to three or four miles). Employment opportunities for those living in and around the
neighborhood are encouraged.
The subject 1.2 acres is designated as mixed-use community but is part of a larger, 30-acre
mixed-use designated area to the east that is west of Ten Mile and south of the future Pine Avenue
extension (more MU-C acreage exists on the east side of Ten Mile as well). However, this site is
physically separated from this MU-C area by the Tenmile Creek that abuts the east boundary of
the subject site with only a future pedestrian connection available for any connectivity between
this site and the MU-C parcels to the east. Because of the physical separation and the lack of
connectivity to the east, Staff believes this project and site is more consistent with the existing
subdivision to the west, Chesterfield Subdivision, than it is with any mixed-use project to the east
(Foxcroft or Mile High Pines). Chesterfield and all of the residential to the west and northwest of
this site is in the Medium Density Residential (MDR)future land use designation and
contemplates residential development in the density range of 3-8 du/ac such as the proposed
Pinedale Subdivision. Because of these facts, Staff finds it appropriate to analyze the subject
project against the MDR designation instead of the Mil-C designation by floating that
designation to this site, as allowed per the Comprehensive Plan.
Since the original project description was published, the Applicant and Staff have worked
together to respond to comments received from the Planning and Zoning Commission in regards
to density, zoning, and parking concerns. In response, the Applicant has revised the plat and has
proposed seven (7) building lots instead of 10 and has completely removed the previously
proposed common drive. 7 lots on 1.22 acres of land has a gross density of 5.74 du/ac, within the
allowed gross density in the MDR designation. Therefore, the Applicant is proposing a project
consistent with the adjacent MDR future land use designation. Due to the site being at the end of
an existing stub street, the only vehicular connection is via extension of the stub street (Newland
Street) into the property which is required to terminate within the site as a fidl cul-de-sac,
requiring a large portion of the site to be reserved for right-of-way and reduces the buildable
area of the project. Despite this fact, the Applicant is proposing lots at least 4,III square feet in
size and is requesting the R-8 zoning district to be more consistent with the Chesterfield
development to the west which is existing R-8 zoning.
Original discussions with the Applicant contemplated 15 building lots on the subject site but the
Applicant submitted the preliminary plat with 12 lots after Staff voiced concerns over the
proposed density, lot sizes, and overall livability of the project. Other discussions occurred
following submittal of the subject applications and the Applicant reduced the number of building
lots to I#. The Planning and Zoning Commission recommended denial of the project to City
Council based on these same concerns so the Applicant requested to be remanded back to have
an adequate opportunity to respond to the concerns noted. As noted, the requested seven building
lots allows the project to further comply with the MDR designation by being less than 6 du/ac.
Furthermore, the combination of this reduction in density and the requested R-8 zoning district
should make Pinedale more consistent with the existing development to the west as S'tafffinds
most appropriate.
Furthermore, the subject site is surrounded by existing City zoning in all directions with
existing development to the south, west, and northwest and entitlements on the land to the east
and northeast. Therefore,.Staff believes annexing this land into the City to remove this small
county enclave is in the best interest of the City so long as the Applicant adheres to Staffs
recommended DA provisions and conditions of approval.
Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as
discussed above.Specific Comprehensive Plan policies are discussed and analyzed below.
The City may require a development agreement(DA)in conjunction with an annexation and
rezone pursuant to Idaho Code section 67-651IA.In order to ensure the site develops as
proposed with this application, Staff recommends a new DA that encompasses the land proposed
to be rezoned and annexed with the provisions included in Section VIII.A1. The DA is required to
be signed by the property owner(.)/developer and returned to the City within 6 months of the
Council granting the rezone and annexation approval. A final plat will not be accepted until the
new DA is executed and the AZ ordinance is approved by City Council.
B. Comprehensive Plan Policies (https:Ilwww.meridianciti�.or /�compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is
not analyzing the project against any mixed-use policies but is instead analyzing the project
against general policies as the project is being reviewed with the MDR designation.
"Avoid the concentration of any one housing type or lot size in any geographical area; provide for
diverse housing types throughout the City" (2.01.01 G). The proposed project offers a density
most consistent with the development to the west due to density, traffic,parking, and
compatibility concerns outlined by Staff and existing residents. Despite the recent reduction in
density and ability to match the zoning to the west, the proposed lot sizes will not match that of
the Chesterfield Subdivision to the west. The subject site is encumbered by the requirement to
construct a cul-de-sac entirely on this relatively small site so matching the lot sizes and the same
look of Chesterfield would be difficult to attain. The impediments on this site allow the Applicant
to propose a smaller building lot which subsequently allows a smaller home to be constructed
than what exists in the surrounding area. Staff finds that despite not being an exact match to
Chesterfield, the proposed layout and lot sizes should add to the housing diversity in this area.
"Establish and maintain levels of service for public facilities and services, including water, sewer,
police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for
this project site due to the existing stub street on its west boundary. Road improvements currently
under construction (i.e. Pine bridge over the Tenmile Creek) will place this project within the
Fire Department response time goal and Fire has approved the access for the proposed plat.
West Ada School District has not sent a letter regarding this application but, with a low number
of homes, a large number of school aged children is not anticipated to be generated by this
development. Furthermore, Chaparral Elementary is within walking distance of this development
should any elementary aged children live within this site.
Staff finds that the existing and planned development of the immediate area create appropriate
conditions for levels of service to and for this proposed project.
"Preserve,protect, and provide open space for recreation, conservation, and aesthetics"
(4.05.01F).Because the property is less than S acres, the Applicant is not required to provide any
qualified common open space. However, the Applicant is showing a common lot containing a
micro path connection to a future multi-use pathway at the north boundary; this micro path runs
along the entire northeast property,line for the length of the property. This area is tucked away
behind the building lots so all adjacent fencing will need to be open vision or semi private
fencing. Staff anticipates this area being utilized as a quiet oasis due to its location against the
Tenmile Creek. Staff is not aware if this site and future building lots will be part of the
Chesterfield HOA for residents to access the amenities and open space within that project.
However, Fuller Park is approximately% mile to the north of the subject property which offers a
public amenity within walking distance of the proposed development. Further, the micro path
being constructed with the development ties into the multiuse pathway system that will connect to
the park.
"Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (2.02.0ID).Proposed project is extending the attached sidewalks
along Newland Street and is proposing a micro-path connection to the north boundary to connect
to a multi-use pathway segment from the Foxcroft Subdivision on the east side of the Tenmile
Creek. Furthermore, the Applicant is preserving a potential connection point to the railroad
corridor should the City ever decide to construct a regional pathway south of the site. All of these
pedestrian facilities allow this small site, as well as the existing development to the west, to have
multiple links to tie in together and promotes neighborhood connectivity,overall.
"Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing
lot sizes smaller than the adjacent Chesterfield Subdivision to the west largely because of the
requirement to terminate Newland Street within the site as cul-de-sac. The proposed lots directly
abutting the existing homes do not match in lot size but they are abutting]J in terms of lot to lot
so the existing residents should not feel as though there are smaller lots directly to their east.
Furthermore, because the property is at the end of an existing street and it will terminate on the
subject site, Staff anticipates the project will feel cohesive in its livability despite not matching lot
sizes and density of Chesterfield.
"Require new development to establish street connections to existing local roads and collectors as
well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is
proposing to extend Newland Street into the site by constructing a cul-de-sac wholly on this
property, terminating Newland Street. This is the only access point into the site and connects this
project directly to the abutting Chesterfield Subdivision that has access up to Pine Avenue, a
residential collector street that will be extended from west to east over the Tenmile Creek to Ten
Mile Road.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
According to GIS imagery, there appears to be an existing residential structure and an out-
building on the subject site. Any and all structures and debris are proposed to be removed upon
development of this project. Furthermore, the existing access for this site is via vehicular bridge
over the Tenmile Creek at the very north property boundary that connects to a private drive that is
essentially Pine Avenue. This access will be closed upon development and the vehicular bridge
will provide access for a regional pathway within the approved Foxcroft Subdivision to the east.
D. Proposed Use Analysis:
The proposed use is detached single-family residential with an average lot size of 4,399 square
feet and a minimum lot size of 4,029 square feet,based on the latest submitted plat(Exhibit
VII.B). This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2
and all lots meet the minimum lot size requirement of 4,000 square feet. The Applicant has not
noted if this is a phased project, however Staff anticipates it to develop as one phase due to the
size of the proposed project.
As discussed in the Comprehensive Plan analysis, the proposed use is the same as the existing
detached single,family to the west in Chesterfield Subdivision but is proposed with smaller lots
and subsequently smaller homes (approximately 4,006 square foot versus 6,000 square foot).
According to the Applicant, the goal is to construct smaller homes at a lower price point to add
more affordable options to the area and market.
E. Dimensional Standards (UDC 11-2)
The residential lots appear to meet all UDC dimensional standards per the submitted plat. In
addition, all subdivisions are also required to comply with Subdivision Design and Improvement
Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all
UDC requirements including lot frontage and lot size. Further, the Applicant has depicted the
building envelope on each lot on the plat for the purpose of showing future building footprints. As
noted, the Applicant is anticipating constructing smaller homes than seen in recent years and
smaller than those within Chested eld. In addition, the setback lines on Lot 2 do not depict how
code handles setbacks within a triangle so this building lot will have a slightly smaller building
envelope than shown.
F. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
The Applicant submitted conceptual building elevations for the proposed detached single-family
homes.Note that detached single-family homes do not require Design Review approval therefore
Staff does not review these for compliance with any architectural standards.
The submitted elevations depict a number of different architectural and design styles with all of
the elevations depicting two-story homes and two-car garages. The elevations depict varying field
materials of lap siding, brick,fiber cement board, and stucco with differing accent materials, roof
profiles, and overall varying home styles. Staff finds the conceptual elevations should be adhered
to closely in order to offer an array of potential home designs for this small subdivision.
G. Access (UDC.11-3A-3
Access is proposed via extension of W. Newland Street(an existing residential local street) into
the site and is proposed to terminate within the site as a full cul-de-sac. ACHD has previously
approved the proposed access with the additional condition that the radius be widened to 50 feet
instead of 48 feet as currently shown. This may reduce the lot size of Lot 6 below the minimum
4,000 square foot size. Staff finds that if this is the case, there is room to modify the lot lines to
ensure continued compliance with the requested R-8 zoning district.
The existing access across Tenmile Creek and up to the private segment of Pine Avenue will be
closed upon development of the site and converted to a pedestrian access as noted above.
H. Parking(UDC,11-3
Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I-
3('-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm
compliance with these standards at the time of building permit submittal for each residence. In
addition, it is important to note that no parking is allowed along the perimeter of the proposed
cul-de-sac. So, there is virtually no opportunity for any on-street parking within this subdivision
because it includes a cul-de-sac as its public access.
An option to hell)with potential off-street pat-king issues, the inclusion of shared driveways could
be used in order to promote side-loaded garages. This type of design can force longer driveways
that go deeper into each site which allows for more off-street parking. This design also creates an
opportunity for the living area of each home to be moved closer to the street as the living setback
is 11 feet while the garage setback is 20 feet,- this allows for more buildable area than is shown
on the submitted plat. However, Staff notes the building lots may not be wide enough to
accommodate the required parking pad for side-loaded garages. The Applicant should work to
mitigate these issues and revise the plat accordingly if Commission or Council add a DA
provision consistent with this option.
I. Sidewalks/Pathways(UDC 11-3A-17; UDC 11-3A-8):
A 5-foot wide attached sidewalk is proposed along the Newland Street cul-de-sac, consistent with
UDC and ACHD requirements. In addition, the Applicant is proposing a 5-foot wide micro-path
along the east boundary that connects to the cul-de-sac for the purpose of providing a connection
to the future multi-use pathway approved with Foxcroft Subdivision on the east side of the
adjacent Tenmile Creek. The proposed sidewalks meet UDC 11-3A-1 7 and ACHD standards and
the micro-path lot meets UDC 11-3A-8 standards.
J. Landscaping (UDC 11-3B):
The landscaping regulated by code within the proposed development is the micro-path area along
the eastern perimeter; this area is not required landscaping as the project is less than 5 acres.
However, the Applicant should still comply with UDC 11-3B-12 standards. The submitted
landscape plan shows this area to be vegetated with grasses and no trees due to it being within the
Tenmile Creek irrigation easement; the linear length of the micro-path requires 4 trees to comply
with UDC I 1-313-12. Furthermore, the main purpose of this micro-path is to have access to the
multi-use pathway at the north boundary which will have shade trees along its entire length up to
Fuller Park. The Applicant should revise the location of this micro-path and work with the
irrigation district to allow for the required trees along the east property lines at the furthest
western edge of the irrigation easement. If the Applicant cannot obtain a license agreement with
NMID to allow these 4 trees, the Applicant should submit for Alternative Compliance with the
future final plat submittal to propose an alternative.
K. Qualified Open Space and Amenities ((JDC 11-3G):
The proposed preliminary plat area is approximately 1.22 acres in size in size which does not
require a minimum amount of open space nor an amenity,per UDC 11-3G-3. As noted, the
Applicant is proposing a micro-path connection to the north boundary for future connectivity to a
regional pathway segment.
L. Fencing(UDC,11-3A-6, 11-3A-7:
All fencing is required to comply with the standards listed in UDC 11-3A-7 and 11-3A-6.
Fencing is proposed as shown on the landscape plan and does not meet UDC standards.
6-foot tall wood fencing is proposed along the perimeter of the project—this complies with code
for all areas except the east property lines adjacent to the Tenmile Creek irrigation easement.
With the final plat submittal, the Applicant should revise the landscape plan to show open-vision
fencing or semi private open vision fencing along the east property lines of Lots 2& 3. In
addition, the Applicant should clarify if any fencing is proposed along the Tenmile Creek itself
and coordinate with Nampa Meridian Irrigation District on where they would like any fencing
located within their easement.
M. Waterways (UDC=11-3A-
The subject site directly abuts the Tenmile Creek along its entire eastern boundary. According to
Nampa Meridian Irrigation District(NMID), the easement width for this facility is 50 feet on
either side of the centerline of the "drain" as depicted on the submitted plat. In addition, the
Applicant has proposed to place the entire irrigation easement within a common lot along the east
boundary consistent with the UDC.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and preliminary plat applications with the
requirement of a Development Agreement per the conditions of approval in Section VII of this
report per the Findings in Section IX of this staff report.
B. The Meridian Plannin- &Zoning Commission heard these items on June 16 2022. At the public
hearing, the Commission moved to recommend approval of the subject Annexation and Zoning
and Preliminary Plat requests.
I. Summary of Commission public hearing:
a. In favor: Antonio Conti, Applicant Engineer
b. In opposition:None
C. Commenting: Antonio Conti,
d. Written testimony: Two pieces since remand—concerns over density and parkin
e. Staff presenting;application: Joseph Dodson, Associate Planner
f. Other Staff commenting on application: Bill Parsons Planning Supervisor
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. Clarification on Staff s recommendations for side-loaded garages;
4. Commission change(s)to Staff recommendation:
a. Relax Staffs recommendation for side-loaded garas-es to remove the requirement but
allow the Applicant and Staff to work together on the best possible placement for side-
loaded Barn-es.
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on July 26. 2022 At the public hearing. the Council
moved to a1211rove the subject Annexation and Zoning and Preliminary Plat requests;
Summary of the City Council public hearing;
a. In favor: Antonio Conti Applicant Engineer
b. In opposition:None
c. Commenting: Antonio Conti
d. Written testimony: 15 gieces—concern over originallynronosed density of 12 building
.lots due to increased traffic and lack ofliarking in the subdivision—no testimony
,against revised layout of 7 lots,
e. Staffer se enting annlieation: Josegh Dodson, Associate Planner
f Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Key issued of discussion by City Council,
a. None
4, City Council change(s)to Commission recommendation:
a. None
VII. EXHIBITS
A. Annexation and Zoning Legal Description and Exhibit Map
ACKERMAN
www.ACKERMAN-ESTVOLD.COM
...............................................................
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May 18,2022
Pinedale Subdivision Annexation and Rezone to R8
Legal Description
36?9 West Newland Street
Meridian,ID 83642
A parcel of land being a portion of the SE Y.of Section 10,T.3N,RAW,Boise-Meridian,Ada Couty,Idaho,
more particularly described as follows:
BEGINNING at a 5/8"iron pin marking the southeast corner of Chesterfield Subdivision Number 4;thence
along the northerly right-of-way line of Union Pacific Railroad South 88°25'14"East a distance of 311.32 feet
to a point on the westerly edge of Tenmile Creek;thence leaving said northerly right-of-way line of Union
Pacific Railroad on the westerly edge of said Tenmile Creek North 32°49'09"West a distance of 120.21 feet;
thence North 48°06'05"West a distance of 101.97 feet;thence North 43°31'33"West a distance of 144.27
feet;thence leaving said westerly edge of Tenmile Creek North 88°25'56"West a distance of 66.78 feet to a
point on the easterly boundary of Chesterfield Subdivision Number 4;thence along said easterly boundary of
Chesterfield Subdivision Number 4 South 00°52'04"West a distance of 267.00 feet to the POINT OF
BEGINNING.
The above described parcel contains 1.22 acres,more or less.
HEADQUARTERS 4765 30TH AVE S 3210 27TH ST W 7661 W RIVERSIDE DR
1907 17TH ST SE SUITE 100 SUITE 200 SUITE 102
MINOT,NO 58701 FARGO,NO 58104 WILLISTON,NO 58801 GARDEN CITY,ID 83714
701.837.8737 701.551,1250 701,577.4127 208.853,6470
ANNEXATION
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January 10,2022
Pinedale Subdivision Legal Description
Meridian,ID 83642
A parcel of land being a portion of the SE%of Section 10,T.3N,R.1W,Boise-Meridian,Ada Couty,Idaho,
more particularly described as follows:
BEGINNING at a 5/8"iron pin marking the southeast corner of Chesterfield Subdivision Number 4;thence
along the northerly right-of-way line of Union Pacific Railroad South 88°25'14"East a distance of 311.32 feet
to a point on the westerly edge of Tenmile Creek;thence leaving said northerly right-of-way line of Union
Pacific Railroad on the westerly edge of said Tenmile Creek North 32"49'09"West a distance of 120.21 feet;
thence North 48'06'05"West a distance of 101.97 feet;thence North 43'31'33"West a distance of 144.27
feet;thence leaving said westerly edge of Tenmile Creek North 88°25'56"West a distance of 66.78 feet to a
point on the easterly boundary of Chesterfield Subdivision Number 4;thence along said easterly boundary of
Chesterfield Subdivision Number 4 South 00°52'04"West a distance of 267.00 feet to the POINT OF
BEGINNING.
The above described parcel contains 1.22 acres,more or less.
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MINOT,ND 58701 FARGO,ND 58104 WILLISTON,ND 58801 GARDEN CITY,ID 83714
701.837,8737 701.551.1250 701_577.4127 208,853,6470
B. Preliminary Plat(dated: May 2022)
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian and the property owners)/developer at the time of annexation ordinance adoption,
and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be substantially consistent with the
approved plat, landscape plan, and conceptual building elevations included in
Section VII and the provisions contained herein and shall be obligated to install
and maintain the open space and amenity as proposed on the approved plans.
b. The Applicant shall-work with Staff to include shared driveways where feasible to help
remove the number of driveways proposed, especially for those lots taking direct access
from the cul-de-sac, W.Newland Court.
c. With the Final Plat submittal,the Applicant shall provide proof to the Planning Division
that the existing access for the property via the vehicular bridge north of the subject site
has been approved as a pedestrian bridge for the future multi-use pathway segment in the
adjacent subdivision and any vehicular access rights to this area have been relinquished.
2. The preliminary plat included in Section VII.B, dated May 2022,is approved as submitted.
3. The landscape plan included in Section VII.C, dated May 11, 2022, shall be revised as
follows prior to submitting for Final Plat approval:
a. Depict open vision or semi-private vision fencing along Lots 2 & 3 in accord with
UDC I 1-3A-7A.7 standards.
b. Depict fencing along the Tenmile Creek in compliance with UDC 11-3C-6C or
submit proof from NMID that fencing is not allowed.
c. Revise the landscape plan to show the micro-path in Lot 8 to be shifted at least 5 feet
away from the proposed property lines so at least 4 trees can be added on its west
side, consistent with UDC I 1-313-12 standards.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for the R-8 zoning district.
5. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
6. The Applicant shall comply with all ACHD conditions of approval.
7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15, UDC I 1-3B-6 and MCC 9-1-28.
8. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
9. The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings; or 2) obtain approval of a time extension as set forth in UDC 11-613-7.
B. PUBLIC WORDS
Site Specific Conditions of Approval
1. Sewer services should be 90 degrees to the main or connected to a manhole at a minimum
angle of at least 90 degrees.
2. Manhole at end of run should have 0.60% slope minimum.
3. Locate water line at least 10 feet from the edge of right-of-way.
4. Ensure no sewer services pass through infiltration trenches.
5. A portion of this development is in the Floodplain Overlay District and floodplain
development pen-nit is required for land development. This property is in a FEMA "A" Zone
without Base Flood Elevations. A hydraulic analysis has been completed for Foxcroft
Subdivision. Applicant will need to compare base flood elevations for existing conditions in
this analysis to the existing conditions survey on 3725 W Pine. This should fonn the basis for
a Letter of Map Amendment(LOMA) application to remove the entire property from the
floodplain. The quicker LOMA process is started the better, otherwise we will need
floodplain permits and elevation certificates for any development in the current flood zone. If
fill this property is not eligible for a LOMA, fill may be added for a FEMA LOMR-F
application. In this case, floodplain permits and elevation certificates will be required for each
structure in this zone.
6. As noted in the Geotechnical Engineering Report prepared by Atlas Materials Testing&
Inspection, there are shallow cemented soils across the site. Particular attention needs to be
focused on ensuring that all residences constructed with crawl spaces should be designed in a
manner that will inhibit water in crawl spaces. This may include the installation of
foundation drains, and the installation of rain gutters and roof drains that will carry storm
water at least 10-feet away from all residences. Foundation drains are not allowed to drain
into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines.
General Conditions of Approval
I. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in confonnance of City of Meridian Public Works Departments Standard
Specifications.
2. Per Meridian City Code(MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 5-6-5.
3. The applicant shall provide easelnent(s) for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
5. All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development,and if so,how they will continue to be used, or
provide record of their abandonment.
8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
9. Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded, prior to applying for building permits.
10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
11. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
perfonnance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
17. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above.
18. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
19. At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
20. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-7 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public works.aspx?id=272.
21. The City of Meridian requires that the owner post to the City a perfonnance surety in the
amount of 125%of the total construction cost for all incomplete sewer, water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
hitps://weblink.meridiancity.org/WebLink/DocView.aspx?id 251084&dbid-1&repo MeridianC
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D. PARKS DEPARTMENT
https://weblink.meridiancity.org,�lWebLink/Doc View.aspx?id 251081&dbid •&repo MeridianC
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E. ADA COUNTY DEVELOPMENT SERVICES
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F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
hops://weblink.meridiancity.orb/WebLinklDoc View.aspx?id �251854&dbid=I&repo MeridianC
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G. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID)
hops://weblinkmeridiancity.oM 1WebLink/DocView.aspx?id =252550&dbicV#&repo MeridianC
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H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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IX. FINDINGS
A. Annexation and Zoning(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a
full investigation and shall,at the public hearing, review the application.In order to grant
an annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
City Council finds the proposed zoning map amendment to annex the property into the City of
Meridian with the R-8 zoning district with the proposed preliminary plat and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
City Council finds the proposed zoning map amendment and the request for the development
complies with the regulations outlined in the requested R-8 zoning district and is consistent
with the purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
City Council finds the proposed zoning map amendment should not be detrimental to the
public health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including, but not
limited to,school districts; and
City Council finds the proposed zoning map amendment will not result in an adverse impact
on the delivery of services by any political subdivision providing public services within the
City.
5. The annexation(as applicable)is in the best interest of city.
City Council finds the annexation is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
City Council finds that public services will be provided to the subject properly with
development. (See Section VIII of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, Oiy Council finds that the subdivision will not require the expenditure ofcapital
improvement finds.
4. There is public financial capability of supporting services for the proposed development;
City Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e., Police, hire,ACHD,
etc.). (See Section VII for more information.)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
City Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safet}, issues in their analysis and has offered
their support of the proposed development with the proposed road layout in mind.
6. The development preserves significant natural,scenic or historic features.
The Tenmile Creek is off-site of the subject property so Oiy Council is unaware of any
significant natural, scenic or historic features that exist on this site that require preserving.
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: First Amendment to Memorandum of Agreement between the City of
Meridian, Meridian Development Corporation, and Meridian Caddis, LLC for the Civic Block
Urban Renewal Project
FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT
CIVIC BLOCK DEVELOPMENT PROPOSAL
This FIRST AMENDMENT("Amendment")to the MEMORANDUM OF AGREEMENT
between the parties dated April 12th, 2022 ("MOA") is made this 18thday of April , 2023 by
and between the City of Meridian, a municipal corporation organized under the laws of the State
of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized
under the laws of the State of Idaho ("MDC") and Meridian Caddis, LLC, a Michigan limited
liability company registered to do business in Idaho ("Respondent"). The foregoing may be
collectively referred to as "Parties"or individually as a"Party."
WHEREAS, the MOA pertains to the development or redevelopment of the Civic Block
property(the "Project") and expired by its terms on December 31, 2022, but can be amended and
extended by mutual agreement of the Parties and without a time extension the Project will not
move forward;
WHEREAS, Respondent desires to move forward but has requested additional time to
evaluate market conditions and the viability of the Project;
WHEREAS,MDC and the City also desire the Project to move forward and are willing to
grant a time extension for the MOA subject to certain conditions;
WHEREAS,the Parties desire to amend the MOA as provided herein with all other terms
and conditions of the MOA remaining the same.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
1. Intent
The Parties hereby enter into this Amendment to extend the MOA between MDC, Respondent and
the City to continue to work toward a feasible development Project for the site in accordance with
the terms of the MOA and this Amendment. This Amendment is also intended to enable the City
to move forward with the Hunter Lateral relocation with funding from Respondent, subject to the
execution of a funding agreement ("Funding Agreement") whereby the City will reimburse
Respondent for all relocation costs that are made part of the Funding Agreement and after the
Parties have agreed on a final bid package for the construction of the Hunter lateral and the
issuance of a Notice to Proceed.
2. MOA Extension
The City, MDC and Respondent hereby agree to retroactively extend the term of the MOA from
December 31, 2022 to the date that is twelve (12) months from the date of execution of this
Amendment, such that the MOA will be deemed to have been in full force and effect from
December 31,2022 until terminated in accordance with the terms of the MOA,as amended herein.
Notwithstanding the foregoing, if, the Parties have failed to agree upon the budget, Funding
Agreement, and timeline for the relocation of the Hunter Lateral by November 1, 2023, then any
Party may thereafter terminate the MOA and all associated purchase agreements upon seven (7)
days written notice to the other Parties.
In consideration of the extension granted herein, the Parties further agree that each shall take all
actions as reasonably necessary to: (a) amend the Purchase Agreement between the MDC and
Respondent to align the term of the Purchase Agreement with the MOA, as amended herein; and
(b) amend the Purchase Agreement between the MDC and the City to align the term of the
Purchase Agreement with the MOA (as amended herein) and the MDC/Respondent Purchase
Agreement to ensure the property is appropriately transferred through a same-day, consecutive
closing.
If the parties have not executed a mutually acceptable OPA and modified and executed the
required agreements by the end of the term of this Amendment, then the MOA and this
Amendment shall expire and be considered automatically terminated. Upon termination due
to lack of agreement on the Hunter Lateral by November 1, 2023 or upon other termination
of the MOA and this Amendment the parties will have no further obligation under any of the
agreements related to this Project and the subject properties and each will bear all of their
own fees and costs related to this Project. If the City determines, in its sole discretion, that it
wishes to proceed with the Hunter Lateral project and to utilize Respondent's plans, studies,
and other work product concerning the Hunter Lateral relocation after the MOA and this
Amendment terminate, the City and Respondent shall reasonably negotiate the
reimbursement of Respondent's out-of-pocket costs related to the plans, studies, and other
work product. Following such reimbursement, the Respondent shall turn over to the City all
plans, studies, applications and other work product procured or prepared by Respondent in
connection with the Relocation Expenses (as defined below).
3. Hunter Lateral Relocation
This Amendment is intended to enable the City to move forward with the Hunter Lateral relocation
with funding from Respondent, subject to the execution of the Funding Agreement whereby the
City will reimburse Respondent for all relocation costs that are made part of the Funding
Agreement and after, the Parties have agreed on a final bid package for the construction of the
Hunter lateral and the issuance of a Notice to Proceed.
The process for Respondent's provision of funding for Hunter Lateral relocation and the City's
reimbursement obligations will include the following steps, each of which shall be set forth as a
term of the Funding Agreement for the Hunter Lateral between the Parties:
a. City to define the scope of work for the Hunter Lateral relocation and associated
timeline;
b. Respondent to provide construction plans based on the scope of work referenced in
Section 3(a) and authorize City to utilize said plans. City will then procure bids for
the Hunter Lateral relocation, confirm costs, and present to Respondent to confer
and agree upon a budget for the relocation. The budget will include the following
hard and soft costs(no overhead or profit of Respondent)and an associated timeline
for expenditures:
i. Architectural and engineering design costs previously incurred by
Respondent related to relocation of the Hunter Lateral;
ii. Architectural and engineering design costs to be incurred to finalize the
scope of work for the Hunter Lateral relocation through successful
relocation; and
iii. All direct construction (general contractor) costs for the relocation.
c. Respondent will provide funding for certain expenses associated with the relocation
of the Hunter Lateral as set forth in Section 3(b)(i)-(iii)above (referred to herein as
"Relocation Expenses"), subject to the following:
i. The Parties shall enter into a Funding Agreement to manage the logistics of
the relocation of the Hunter Lateral to include, but not limited to, timing of
invoicing, timeline for payment, transferring of payment whether through
an escrow account or other means, and any and all other usual methods of
construction project management. The budget and timeline for the
relocation of the Hunter Lateral will set forth the structure and timeline for
Respondent's payment obligation.
ii. The Funding Agreement shall include conditions/triggers and a timeline for
City's obligation to reimburse Respondent.
iii. All funds expended by Respondent for the relocation of the Hunter Lateral
shall be reimbursed to Respondent as attributable Project costs of the overall
development Project if the Project moves forward. The Owner Participation
Agreement ("OPA") will be drafted to incorporate this concept.
iv. If, for whatever reason, the Parties do not proceed with the overall
development Project, Respondent will be reimbursed for the Relocation
Expenses that have been expended pursuant to the terms of the Funding
Agreement,within 30 days of invoice and regardless of whether the OPA is
agreed upon, negotiated or executed.
d. Respondent will have reasonable access, inspection and/or audit rights for work
funded by the Respondent.
e. Respondent shall work with City to ensure the transfer of ownership for existing
plans/work product produced by Respondent and its third-party contractors.
4. Progress Reporting
Respondent will timely review proposals and bids received by the City for the Hunter Lateral
relocation, work collaboratively with the City on the design, budget and timeline for the Hunter
Lateral relocation and the Funding Agreement and take other steps as reasonably necessary to
achieve the relocation of the Hunter Lateral as set forth above.
In addition, Respondent will meet with officials, appointed by, and representative of, MDC and
the City every 4-6 weeks to provide ongoing progress updates on the greater development Project.
Such updates may include information regarding one or more of the following subjects,depending
on the stage of the Project:
a. General Diligence Update: Survey and title work, Geotech, environmental,
engineering and other site findings
b. Legal Update: Status of OPA, other legal agreements
c. Financial Update: Respondent's cost and gap analysis, potential incentive
opportunity identification, URD capture potential
d. Design Update: review of project requirements, site plan design, progression and
changes, contingencies and zoning status updates, architect and engineer updates
e. Construction Update: Contractor updates, potential construction schedule
The next page is the signature page.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment effective
as of the date first noted above .
ME IAN DEVELOPMENT CORPORATION :
Dave rinder, Chairman est : Ste e Vlassek, Secretary
CITY OF MERIDIAN : �QO(LPSED AUG .. ,
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(11y of
' I . IDI
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R e . Si son, Mayor, SEAL ' Chris Jo son, City Clerk
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FRn�th IT
MERIDIAN CADDIS , LLC :
By: Jo Graw, President
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Professional Service Agreement with the Huckleberry Star Theater for Cast
Fees and Three Promotional Performances of Joseph and the Amazing Technicolor Dreamcoat
for the Amount of$3,500
PROFESSIONAL SERVICES AGREEMENT WITH
THE HUCKLEBERRY STAR THEATER
This PROFESSIONAL SERVICES AGREEMENT WITH THE HUCKLEBERRY
STAR THEATER (hereinafter"Agreement") is made this 18thday of April , 2023, by
and between the City of Meridian, a municipal corporation organized under the laws of the state
of Idaho ("City"), by and through the Meridian Arts Commission, and The Huckleberry Star
LLC, a limited liability corporation organized under the laws of the State of Idaho (hereinafter
"Organization").
WHEREAS,pursuant to its strategic plan objective to develop and offer extracurricular
arts opportunities to youth, the Meridian Arts Commission released a Request for Proposals for
Youth Performing Arts Projects, as set forth in Exhibit A ("RFP"), and Organization responded
to the RFP, as set forth in Exhibit B;
WHEREAS, at its meeting on March 9, 2023, the Meridian Arts Commission voted to
invest in Organization's youth theater productions as generally described in Exhibit B; and
WHEREAS,the respective governing bodies of City and Organization wish to work
together to further their respective and shared objectives to present theater arts experiences for
Meridian youth;
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 Organization agree as follows:
L Scope of services.
Organization shall provide the following services, deliverables, and materials under this
Agreement:
A. By August 31, 2023, Organization shall present to the public three (3)theater arts
performances in Meridian city limits.
B. Organization shall obtain all necessary royalties and scripts.
C. Organization shall schedule and hold auditions and rehearsals, and shall provide cast
members with all necessary materials for such experience. Organization shall make auditions
available to all persons between the ages of 8 and 18 at no charge.
D. Each cast member shall be entitled to participation in rehearsals per Organization's casting
and direction; direction and coaching from Organization staff at rehearsals; and performance
per Organization's casting, direction, and scheduling.
E. Organization shall provide the following staff and any other staff necessary to provide the
services and deliverables set forth in this Agreement: director, music director, choreographer,
stage manager, production assistant, costume designer, and light designer.
F. Organization shall provide all necessary costumes, props, and set.
G. Organization shall provide and distribute marketing materials to publicize performances,
including, at a minimum, posters, flyers, and programs.
PAGE 1
H. Organization shall reserve and pay all related costs for audition, rehearsal, and performance
space. All locations shall be accessible to persons of all abilities.
1. By September 15, 2023, Organization shall submit to the Arts and Culture Coordinator a
final written report describing the services provided.
II. Compensation and payment.
A. Amount. City shall pay Organization for professional services described herein in an
amount not to exceed three thousand, five hundred dollars ($3,500.00).
B. Method of payment. Organization shall provide to City a W9 form and detailed invoices for
services and deliverables provided pursuant to the payment schedule set forth herein, which
City shall pay within thirty(30) days of receipt.
C. Payment schedule. City shall remit payment to Organization as follows:
1. Within thirty(30) days of Organization's submission of: a)proof that Organization has
secured production rights and b)written confirmation of performance venues, and c)
invoice, City shall mail payment to Organization in the amount of$1,500.00.
2. Within thirty(30) days of Organization's presentation of the final performance, or by
August 31, 2023, and Organization's submission of invoice, City shall mail payment to
Organization in the amount of$1,500.00.
3. Following receipt of Organization's final written report, by September 15, 2023, City
shall mail payment to Organization in the amount of$500.00.
These amounts shall constitute full compensation for any and all services provided and any
and all related expenses, including, without limitation, travel, materials, contingency,
commission, insurance, equipment, and any and all other costs of work to be performed or
furnished by Organization. City shall not withhold any federal or state income taxes or
Social Security tax from any payment made by City to Organization under the terms and
conditions of this Agreement. Payment of all taxes and other assessments on such sums shall
be the sole responsibility of Organization.
D. Fees; revenue. Organization shall not collect registration, materials, or any other fees from
cast members, as the funding provided under this Agreement will cover all such costs.
Organization shall be entitled to retain any revenues realized from ticket sales, sponsorships,
or other fundraising undertaken by Organization.
III. General provisions.
A. Indemnification. Organization and each and all of Organization's employees, agents,
contractors, officials, officers, servants, guests, and/or invitees, including any and all
participants in or observers of Organization's programming and activities, shall indemnify
and save and hold harmless City from and for any and all losses, claims, actions,judgments
PAGE 2
for damages, or injury to persons or property and losses and expenses caused or incurred by
Organization or any Organization employee, agent, contractor, official, officer, servant,
guest, and/or invitee, or any participant in or observers of Organization's programming and
activities.
B. Insurance. Organization shall submit to City proof of an insurance policy issued by an
insurance company licensed to do business in Idaho protecting Organization, Organization's
employees, and Organization's agents from all claims for damages to property and bodily
injury, including death, which may arise during or in connection with Organization's
programming and activities, including, without limitation, auditions, rehearsals, set-up,
performance, and tear-down. Such insurance shall name City as additional insured, and shall
afford at least five hundred thousand dollars ($500,000.00)per person bodily injury, five
hundred thousand dollars ($500,000.00)per occurrence bodily injury, and five hundred
thousand dollars ($500,000.00)per occurrence property damage. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold harmless
City as set forth in this Agreement or any permit. If City becomes liable for an amount in
excess of the insurance limits herein provided due to the actions or omissions of Organization
or any Organization employee, agent, contractor, official, officer, servant, guest, and/or
invitee, or any participant in or observer of Organization activities, Organization covenants
and agrees to indemnify and save and hold harmless City from and for all such losses, claims,
actions, or judgments for damages or liability to persons or property. At all times during the
course of this Agreement, Organization shall maintain worker's compensation coverage in
the amount required by law for each and every employee utilized in the course of
performance of this Agreement.
C. Notices. All notices required to be given by either of the parties shall be in writing and be
deemed communicated when personally served or mailed via U.S. mail, addressed as
follows:
If to Organization: If to Ci :
Kevin Nielsen, Manager Arts and Culture Coordinator
The Huckleberry Star LLC City of Meridian
5152 S. Margaret Ave 33 East Broadway Ave
Meridian ID 83642 Meridian ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
D. Assignment. City shall not assign or sublet all or any portion of City's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the
prior written consent of Organization. Organization shall not assign or sublet all or any
portion of Organization's interest in this Agreement or any privilege or right hereunder,
either voluntarily or involuntarily, without the prior written consent of City. This Agreement
and each and all of the terms and conditions hereof shall apply to and are binding upon the
respective organizations, legal representatives, successors, and assigns of the parties.
PAGE 3
E. No agency; independent contractor. Neither Organization nor its employees, agents,
contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of
City in any manner or for any purpose whatsoever. In all matters pertaining to this
agreement, Organization shall be acting as an independent contractor, and neither
Organization nor any officer, employee or agent of Organization shall be deemed an
employee or agent of City in any manner or for any purpose. Specifically, without limitation,
Organization understands, acknowledges, and agrees that Organization and its employees,
agents, contractors, officials, officers, servants, guests, and/or invitees:
1. Are free from actual and potential control by City in the provision of services under this
Agreement.
2. Are engaged in an independently established trade, occupation, profession, or business.
3. Have the authority to hire subordinates.
4. Own and/or will provide all major items of equipment necessary to perform services
under this Agreement.
F. Compliance with laws. hi performing the scope of services required hereunder, City and
Organization shall comply with all applicable federal, state, and local laws.
G. Attorney Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a
timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of
the essence with respect to this Agreement, and that the failure to timely perform any of the
obligations hereunder shall constitute a default of this Agreement.
L Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be
limited to: an act or omission by either party which breaches any term of this Agreement;
an act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party; or a change in or occurrence
of circumstances that renders the performance by either party a detriment to the public
health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing fourteen (14) days'
notice of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A forty-eight(48)hour cure period
shall commence upon provision of the notice of intention to terminate. If the defaulting
party successfully cures the breach or circumstances providing grounds for termination,
the terminating party shall signify such cure by issuing written withdrawal of the notice
of termination. If, upon the expiration of such cure period, cure of the breach or
circumstances providing grounds for termination has not occurred, this Agreement shall
be terminated.
PAGE 4
J. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
K. 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. In the event of conflicting
terms in the exhibits and this Agreement, the terms of this Agreement shall prevail.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
M. Discrimination prohibited. In performing the Services required herein, Organization shall
not discriminate against any person on the basis of race, color,religion, gender, sexual
orientation,national origin or ancestry, age, or physical handicap.
N. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
O. Approval Required. This Agreement shall not become effective or binding until approved
by the respective governing bodies of both City and Organization.
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.
THE HUCKLEBERRY STAR LLC:
BY: ��7 'J/Z�
Kevin Nielsen
Manager
CITY OF MERIDIAN: Attest:
Robert E. Simison 4-18-2023 Chris Johnson 4-18-2023
Mayor City Clerk
PAGE 5
EXHIBIT A
Meridia n Com m i ss ion
Request for Proposals: Youth Performing Arts Projects
OVERVIEW:
The Meridian Arts Commission (MAC) requests proposals from local youth theater and
performing arts organizations, professionals, and educators for performing arts
projects that will feature, include, and benefit Meridian youth.
BUDGET:
Total funding available from MAC is $7,000. Selected applicants may receive a full or
partial award of up to $3,500.
ELIGIBILITY:
Organizations currently registered with the Idaho Secretary of State or individuals
who are performing arts professionals or performing arts educators are eligible to
respond. Organizations with nonprofit status will be given preference. The
opportunity to respond is open to applicants regardless of race, gender, gender
identity, sexual orientation, religion, nationality, or disability. Applicants shall be
ineligible who are, employ, or allow to volunteer: any person convicted of any charge
involving, or related to, a child or children, elderly persons, and/or other vulnerable
persons; any charge involving, or related to, use of or possession of drugs or illicit
substances; or any charge of battery, assault, telephone harassment, stalking, or
violation of a protective order.
DEADLINE:
***Deadline Extended to March 3*** Any questions regarding application must be
submitted to cschiffler@meridiancity.org by February 24tn ***
Proposals must be received by the Meridian Arts Et Culture Coordinator by March 3,
2023, at 5:00 pm MST. Materials may be delivered by e-mail, mail, or in-person
delivery. Incomplete, ineligible, or late submissions will not be considered.
PROJECT REQUIREMENTS:
Each selected applicant must:
• Enter into a Professional Services Agreement with the City of Meridian setting
forth specific conditions of participation prior to project initiation. A sample
agreement is available upon request.
• Complete all activity, including submission of a final report and invoices, by
September 15, 2023.
• By August 31 , 2022, present a theater arts production to the public that
features, includes, and benefits Meridian youth.
• Conduct all activities within Meridian city limits or area of impact.
• Conduct all activities in a facility fully accessible to, and make all activities
accessible to, all persons regardless of race, gender, gender identity, sexual
orientation, religion, nationality, or disability.
• Reserve and pay all related costs for audition, rehearsal, and performance
space.
• Obtain all necessary royalties and scripts.
• Schedule and hold open, public auditions for youth, and provide those
auditioning with all necessary materials to do so.
• If fees are collected from cast members, limit fees collected from each cast
member to an amount not to exceed $250.00, and must offer financial
assistance to ensure participation regardless of ability to pay.
• Provide all necessary staff to provide the services and deliverables
commissioned by MAC.
• Provide all necessary costumes, props, and set.
• Publicize all opportunities to audition for, participate in, and watch the final
production(s).
• Include MAC logo on materials.
APPLICATION REQUIREMENTS:
The Proposal must address each and all of the following:
1. Applicant's contact information (address, phone, email, website), mission
statement, and history; resumes and biographies of key staff and volunteers.
2. Detailed project budget, including all project expenses (e.g., administrative
fees, production fees, material costs, venue fees, marketing and promotion,
etc.) and income (e.g., admission fees, grants, corporate contributions,
sponsorships, fundraising).
3. Detailed project timeline.
4. Description of previous work in youth theater arts.
5. Narrative describing the proposed project, including:
a. How the project will benefit Meridian residents and local youth;
b. Target audience demographics, estimated number of Meridian residents and
visitors that will be impacted, and corresponding marketing/outreach plan;
c. How MAC's contribution will be recognized; and
d. Number of participants and audience members to be impacted by your
project.
EVALUATION CRITERIA:
The selection of winning proposals for the 2023 Youth Performing Arts Projects will be
made by MAC. Proposals related to the presentation of subject matter that would be
disruptive, violent, discriminatory, inappropriate, or likely to offend the sensibilities
of the general public will not be considered. In evaluating eligible proposals, the
following factors will be considered:
• Quality, clarity, and merit of proposal;
• Completion of and adherence with the provisions of this RFP;
• Demonstrated ability to meet the RFP's requirements and objectives;
• Feasibility of proposed project;
• Location of project activities;
• Impact to Meridian residents and visitors;
• Consistency of proposed project with City policy and community values; and
• Dedication and contribution to performing arts opportunities that feature,
include, and benefit Meridian youth.
ABOUT MAC:
The Meridian Arts Commission (MAC) advises the City of Meridian on arts/cultural
policy and promotes public awareness and participation in the arts with a mission to
develop, advance and nurture all facets of the arts to enhance the quality of life for
Meridian residents and visitors. Core to this mission is the belief that opportunities to
experience and participate in the visual, performing and public arts can strengthen
cities, increase livability, and contribute to a sense of community.
QUESTIONS:
Cassandra Schiffler, Arts Et Culture Coordinator
Phone: 208-489-0399
Email: cschiffler@meridiancity.org
PUBLIC RECORDS
The City of Meridian is a public agency; pursuant to the Idaho Public Records Act, all
documents in its possession are public records. Proposals will be available for
inspection and reproduction by any person.
4ZO EXHIBIT 6
Proposal Response: Youth Performing Arts Projects
OVERVIEW.-
The Meridian Arts Commission (MAC) requests proposals from local youth theater and
performing arts organizations, professionals, and educators for performing arts projects
that will feature, include, and benefit Meridian youth.
We appreciate the opportunity to apply for this grant and promote the arts in Meridian. The
Huckleberry Star Theater is a Meridian-based theater company with a goal to build out the
arts in Meridian. Our request of the Meridian Arts Commission is plain and simple. We want
to bring the opportunity to perform to more cast members, and we need help covering the
costs of the costumes and scripts to be able to make this dream a reality.
We started our journey in 2021 with an outdoor performance in South Meridian, and again
in 2022. These were our pilot years to see if there was enough demand for more theater in
the valley. What we found was truly amazing!
Our first year we selected Annie Get Your Gun solely because it could be pulled off by a
small cast if necessary, or could be expanded to allow more actors in a large ensemble.
With COVID-19 still wreaking havoc, we had no idea what to expect. When we opened up
our video auditions, we were blown away to receive more than 70 video submissions from
people in the community! Right then we made the decision that if we could find a way to
include a larger cast we would do so. The trick was the cost of the costumes and props and
the additional scripts. We debated and initially advertised that we would charge a fee for
actors to participate. But then 2 things happened. One was that we realized that it would
be a bit of a financial burden on families to have multiple people participate. And the
second was a generous donation we received that would cover the cost of the additional
cast. We were grateful to be able to include a cast of 45 that first year.
Our second year, 2022, we selected The Music Man, again for the ability to have a large
youth ensemble. This time we received an astounding 115 auditions! It was very difficult
for us to narrow that down. In the end we performed the show with 60 cast members, and
again were able to do this with the help of generous donors. We were able to pull it off
without charging cast members any participation fee.
The auditions in 2022 left us with the feeling that we need to do more in the community. It
was hard to turn away 55 auditionees last year, many of which were very talented. And so,
The Huckleberry Star Theater decided to see if we could gather more support from the
community to produce not just one, but two shows in 2023.
We hope the Meridian Arts Commission will consider our proposal and sponsor your
community members with the costs to cover our costumes and script fees as we expand.
These funds will allow us to get the head start we need on costumes so we can perform in a
few events throughout Meridian leading up to the show as outlined in the full proposal.
5152 S. Margaret Ave, Meridian, ID 83642 (208)353-5500 thehuckleberrystar.com
4M
ELIGIBILITY:
Organizations currently registered with the Idaho Secretary of State or individuals who are
performing arts professionals or performing arts educators are eligible to respond.
The Huckleberry Star Theater, LLC is registered with the Idaho Secretary of State and
conducts its business within the Treasure Valley.
APPLICATION REQUIREMENTS:
The Proposal must address each and all of the following:
1. Applicant's contact information (address, phone, email, website), mission statement,
and history; resumes and biographies of key staff and volunteers.
We are the Huckleberry Star Theater based in South Meridian, Idaho
Headquarters at 5152 S. Margaret Ave, Meridian ID, 83642
Theater phone: 208-353-5500
Contact phone numbers: 208-407-6241 (Kevin Nielsen), 208-401-8317 (Laura Nielsen)
Theater email address: thehuckleberrystarComail.com
Theater website: https://thehuckleberrystar.com
Our Mission
The Huckleberry Star Theater's mission is threefold:
• to foster close-knit, long-lasting communities among cast members and patrons
• to encourage face-to-face participation in live-performing arts where risks are taken,
skills are developed, and comfort zones are expanded
• to increase family-friendly musical theater in the Boise, Idaho area (Ada County) with
some of the best-loved musicals.
How the theater began
As most things do, our theater began with a personal experience. We producers are two
theater loving families and we found that as we took our children to theater productions,
we were never quite sure if the show that we were about to see would be appropriate for
our kids or not. Many shows had language,violence, and/or inappropriate themes we
ended up having to explain to our kids and we never quite knew what to expect. We had
to do research each time we wanted to see a play to see if it was family-friendly or not.
We longed for quality theater productions rated G or PG.
We also noticed that as both of our families began getting involved in acting and theater
that there is something unique about acting in a play. This form of art is extraordinary in
it's ability to unify and bring people together in a way that other art forms cannot. We
were eager for our children (and others as well) to have face to face experiences that
5152 S. Margaret Ave, Meridian, ID 83642 (208)353-5500 thehuckleberrystar.com
build strong character as they learn to take risks, put themselves out there to be seen, and
develop confidence and new skills.
And so, we decided to join forces to create the vision of what we were imagining was
possible and the Huckleberry Star Theater was born in 2020.
Resumes for key staff members are included in our submission email. Staff members
include:
• Kevin Nielsen - Producer
• Laura Nielsen - Producer
• Brookann Hessing- Producer
• Sarah Howard -Artistic Director
• Erika Gray- Music Director
• Nikki Wesselman - Choreographer
2. Detailed project budget, including all project expenses (e.g., administrative fees,
production fees, material costs, venue fees, marketing and promotion, etc.) and income
(e.g., admission fees, grants, corporate contributions, sponsorships, fundraising).
Show Total Expense $ 45,448.49
Ticketing $ 45,430
Description Annual Amou - Type ❑r Merchandise $ 1,000
Website hosting $ 30.00 Admin Show income $ 46,430
Audition software $ 25.00 Admin Advertising $ 3,500
Accounting software $ 150.00 Admin MAC Sponsorship $ 3,500
Misc Admin $ 350.00 Admin TOTAL Income $ 53,430
Cast meals $ 450.00 Admin
Creative staff compensation $ 3,500.00 Creative Total costs $ 45,448.49
Sound system rental $ 1,500.00 Creative Total income $ 53,429.60
Costumes/Props $ 3,500.00 Creative Profit/Loss $ 7,981.11
Set Build $ 4,000.00 Creative
Show/Rehearsal Tracks $ 2,598.00 Creative If we receive the sponsorship, we
Advertising $ 1,400.00 Production plan to not charge fees to the
Print Programs $ 2,500.00 Production cast to participate. We have
Royalties $ 11,799.64 Production been blessed with sponsorships
Sales Tax $ 2,785.78 Production so far that cover the cost of
Ticket/processing fees $ 3,180.07 Production costumes and scripts for cast
Event insurance $ 600.00 Venue members so that we can make it
Kuna Performing Arts Center $ 7,080.00 Venue easier on families to participate
and expand the size of our casts.
5152 S. Margaret Ave, Meridian, ID 83642 (208)353-5500 thehuckleberrystar.com
4ZO
3. Detailed project timeline
• Rights received from Concord Theatricals on Jan. 10, 2023
• Production staff meetings began Feb 6, 20223 and will continue through April 2023
• Audition sign-ups begin March 1, 2023 and continue through April 21, 2023
• Live audition on April 22, 2023 with call-backs on April 24, 2023
• Cast list posted by April 28, 2023
• Rehearsals will be June 51h through July 141h
• 3 Proposed Meridian area promotional events in July if we receive sponsorship from
the Meridian Arts Commission
• Move in and set assembly July 141h and 151h
• Tech rehearsal July 171h
• Dress rehearsals July 181h-191h
• Performances July 20, 21, 22 at 7:00 PM, with a matinee on July 22nd at 2:00
4. Description of previous work in ,youth theater u,
The Huckleberry Star Theater began with a vision of family friendly performing arts. What
better way to support a youth than to include the parent or family member of the youth in
the same production. There has been something magical to have family members
performing together and forming a tight-knit community with other cast members and their
children. In addition to the main shows, we include a pre-show to highlight talents of youth
and adults alike while patrons enter the seating areas.
To date, we have featured 23 youth in our debut show of Annie Get Your Gun in 2021 and
31 youth in our latest production of The Music Man in 2022.
5. Project Proposal:
i. How the project will benefit Meridian residents and local youth:
The show we are proposing to feature this year is Joseph and the Amazing Technicolor
Dreamcoat. This show incorporates youth through a large children's choir (15+ children)
that are featured in certain musical numbers, but also who we plan to utilize throughout
the show to highlight the family generations through the Bible families featured in this
musical. We plan to have teenage actors in our dance ensemble. The role of Benjamin will
also be performed by a youth cast member, and we anticipate at least a couple of the
other 11 brothers may be youth as well.
Again this year we will feature several youth cast members in our pre-show entertainment.
Utilizing Meridian youth and performing in Meridian:
Our intent was to perform this musical within the Meridian City area of impact, but were
unsuccessful in securing a Meridian venue. Our past two years we received special zoning
permits to perform on our residential property, but that was intended to be temporary.
5152 S. Margaret Ave, Meridian, ID 83642 (208)353-5500 thehuckleberrystar.com
4ZO
The venue options we tried to secure within Meridian are mainly those built by the West
Ada School District and are often limited due to the priority going to the needs of the
district. The one designated community performing arts center in the West Ada School
District is at Centennial High School, which is technically in the city of Boise. We would
love to see a community performing venue built within our city of Meridian in the near
future and would be happy to help gather support for that. We will continue to work with
the West Ada School District for future summer projects and hope to be able to perform in
Meridian next year.
In lieu of being able to perform the full show within Meridian, we will still be holding
auditions and rehearsing in Meridian until we get access to the performing venue at Kuna
High School. We anticipate a high percentage of our cast will be from Meridian. We are also
proposing with your help and sponsorship to do a series of promotional events within
Meridian in the month of July leading up to our show. If we receive the sponsorship from
the Meridian Arts Commission we will commit to performing at 3 of the following events or
locations pending approval from the event sponsors:
• Promotional performance of select musical numbers at The Village in Meridian
• Flash mob event at the movie at Settler's Park
• Flash mob event at Kleiner Park Live Concert Series
• Promotional performance of select musical numbers at the Saturday Main Street
Market at City Hall
• Meridian City's 41" of July event
b. Target audience demographics, estimated number of Meridian residents and visitors
that will be impacted, and corresponding marketing/outreach plan;
The target audience for The Huckleberry Star Theater is families, especially those with
youth who want to see a show with a rating appropriate for all ages. Friends and family of
cast members are core supporters of our theater, as well as many Meridian-based business
sponsors.
We plan to market our show to Meridian, Kuna, Boise, and Nampa residents through
multiple media channels including our website, social media, flyers, and postcards. We are
exploring the radio as another means to increase awareness and increase our patron base.
c. How MAC's contribution will be recognized
The Meridian Arts Commission will be recognized as a key sponsor on our website and social
media, our full-color printed programs, and curtain speech thanking you as our key costume
sponsor to allow us to have a large cast.
5152 S. Margaret Ave, Meridian, ID 83642 (208)353-5500 thehuckleberrystar.com
4ZO
d. Number of participants and audience members to be impacted by your project.
We expect to have a cast of 50+ again this year and a core staff of an additional 10-15
individuals, but our theater community is much larger. We have volunteers that have been
so excited to help in many different ways and often grow our participation by an additional
10-20 people who pitch in throughout the project. We make all activities accessible to all
persons regardless of race, gender, gender identity, sexual orientation, religion,
nationality, or disability.
Our show this year has nearly 3,300 tickets available across our 4 performances. Those that
travel from Boise or Meridian to our performances in Kuna will pass several Meridian eating
and shopping areas that we hope will host our patrons before and after the shows.
5152 S. Margaret Ave, Meridian, ID 83642 (208)353-5500 thehuckleberrystar.com
CK N KEVIN NIELSEN
MUSICAL THEATER ACTOR/PRODUCER
HTTPS://THEHUCKLEBERRYSTAR.COM/ABOUT-THE-THEATER/
OBJECTIVE EXPERIENCE
To create high quality musical PRODUCER • THE HUCKLEBERRY STAR THEATER • NOV 2020 -
theater for youth and families PRESENT
in the Treasure Valley Co-produced 2 musical theater productions with my wife, Laura, and
our friends Jason and Brookann Hessing. Responsible for set and
stage construction, venue preparation and staffing, securing rights,
SKILLS sound/technical production management, securing sponsorships,
and accounting for the theater. Shows produced:
Annie Get Your Gun-August 2021
I love to perform and help others become their best on The Music Man-August 2022
stage. I also have a knack for ACTOR • 1996- PRESENT
construction of sets and run Show Role Year Company
the business side of the State Fair Lem(Barbershop) 2023 Boise Music Week
theater. The Music Man Ewart(Barbershop) 2022 Huckleberry Star
Secret Garden Lt.Shaw 2022 Music Theater of Idaho
Matilda the The Escapologist 2022 Music Theater of Idaho
Musical
Tom Sawyer Judge Thatcher 2021 Music Theater of Idaho
Annie Get Your Cowboy/Pawnee's 2021 Huckleberry Star
Gun Messenger
Forever Plaid Frankie 2021 Music Theater of Idaho
Shrek the Musical Shrek 2021 Music Theater of Idaho
Into the Woods Cinderella's Prince 2020 Music Theater of Idaho
Wizard of Oz Scarecrow/Hunk 2020 Music Theater of Idaho
Newsies Joseph Pulitzer 2019 Music Theater of Idaho
Joseph and the Naphtali/Baker 2019 Music Theater of Idaho
Amazing TD
Pirates of Frederic 2008 Rincon South Stake
Penzance (church in AZ)
Joseph and the Keyboard musician 2000 Playmill Theater in West
Amazing TD Yellowstone
T Brides for T Caleb Pontipee 1999 Playmill Theater in West
Brothers Yellowstone
Joseph and the Levi 1999 Playmill Theater in West
Amazing TD Yellowstone
Into the Woods Cinderella's Father 1999 Playmill Theater in West
Yellowstone
T Brides for T Adam Pontipee 1996 Box Elder High School,
Brothers UT
EDUCATION
--911111000000r-
MBA • 2018 • NORTHWEST NAZARENE UNIVERSITY
Graduated with 4.0 GPA. Important coursework in accounting,
marketing, communication, presenting, and technical writing.
BS MECHANICAL AND AEROSPACE ENGINEERING • 2003 • UTAH
STATE UNIVERSITY
Activities and societies: Institute choir, student government boards,
Tau Beta Pi engineering honor society
VOLUNTEER EXPERIENCE OR LEADERSHIP
Led youth and scouting groups, choir director, choir accompanist
and congregation organist. Led men's organizations and involved in
church leadership. Volunteer with Idaho Make-A-Wish as a Wish
Granter
v •
KEVIN.M.NIELSEN@OUTLOOK.COM 208-407-6241 HTTPS://WWW.LINKEDIN.COM
/IN/KEVIN-NIELSEN-MBA-
97130019/
LAURA NIELSEN
MUSICAL THEATER PRODUCER
HTTPS://THEHUCKLEBERRYSTAR.COM/ABOUT-THE-THEATER/
OBJECTIVE EXPERIENCE
To create high quality musical PRODUCER • THE HUCKLEBERRY STAR THEATER • NOV 2020 -
theater for youth and families PRESENT
in the Treasure Valley Co-produced 2 musical theater productions with my husband,
Kevin, and our friends Jason and Brookann Hessing. Responsible
for website and marketing, graphic design, playbills, scenic art,
SKILLS ticketing, box office, concessions, and anything needed to bring
the production together. Shows produced:
Creative artist with an eye for
Annie Get Your Gun-August 2021
design and composition. The Music Man-August 2022
Work to ensure every actor is
highlighted and feels like a
star on stage. EDUCATION
B.A. BUSINESS ADMINISTRATION • MAY 2004 • UTAH STATE
UNIVERSITY
VOLUNTEER EXPERIENCE OR LEADERSHIP
Lead child activities, youth programs, music directing for my
church for the past 20 years
LNIELSEN811@YAHOO.COM 208-401-8317
NIKKI WESSELMAN
3380 N. Cooper Ave. Meridian ID 83646 1 nikkiwesselman@gmail.com 1 (360)223-2654
OBJECTIVE Providing a fun class atmosphere for all experience levels. Ensuring that each student receives the best instruction
in a safe and enjoyable way.
SKILLS & I've been assessed as having`a solid overall technique with expressive movement quality'. I present my instruction
ABILITIES with great timing and musicality, excellent choreography knowledge and delivery, as the foundation in each of my
classes. I can teach all ages and experience levels with a positive outlook, encouraging each student to learn,
safely and effectively while having fun.
EXPERIENCE CHOREOGRAPHER HUCKLEBERRY STAR THEATER-MUSIC MAN
Julie Thimmig-juliemthimmig@gmail.com
262-960-2327
J U LY-AUGUST 2022
CHOREOGRAPHING AND TEACHING CAST
CHOREOGRAPHER BOISE MUSIC WEEK- INTO THE WOODS
Larry Dennis-culturaljetsam@gmail.com
208-695-7822
OCTOBER 2019-MAY 2022
CHOREOGRAPHING AND TEACHING CAST
DIRECTOR AND CHOREOGRAPHER BOISE LITTLE THEATER
100 E Fort St.
Boise, ID 83712
Kim Labrum-klabrum@boisestate.edu
208-559-1979
JUNE 2019-JULY 2019
Directing theater production, choreographing and teaching cast
DANCE INSTRUCTOR BOISE PARKS AND RECREATION
700 Robbins Rd.
Boise, ID 83702
Clay Lee-CLee@cityofboise.com
208-861-5840
JANUARY 2021-CURRENTLY
Teaching Creative Movement and Tap classes to ages 3-6
DANCE INSTRUCTOR DANCE ARTS ALLIANCE
2989 Copper Point Dr. Ste. 100
Meridian, ID 83642
Dotty Hancock-dottyhancock@gmail.com
208-345-4832
AUGUST 2015-JUNE 2016
Teaching Hip Hop classes to ages 5-18, and Jazz Technique to ages 10-adult
GROUP FITNESS INSTRUCTOR THE LOCKER ROOM
1859 Main Street
Ferndale, WA 98248
Korinda Bullard-korinda@lockerroomfitness.com
360-318-7506
NOVEMBER 2013-JULY 2015
Teaching group fitness classes in Dance, Stretch, Strength, Les Mills Body Pump and Les Mills Sh'Bam
DANCE INSTRUCTOR DANCING FOR JOY
4073 Hannegan Road
Bellingham, WA 98226
Maluhia Vander Griend-info@dancing4joy.org
360-715-0900
JANUARY 2003-JUNE 2008
Teaching Tap, Ballet,Jazz, Lyrical and Hip-Hop to all ages.
EDUCATION I BORAH HIGH SCHOOL—BOISE ID
GRADUATED WITH DIPLOMA IN 1996
REFERENCES 1 CLAY LEE,ACTIVITIES DIRECTOR
BOISE PARKS AND RECREATION
CLee@cityofboise.com
208-861-5840
DOTTY HANCOCK, OWNER
DANCE ARTS ALLIANCE
dottyhancock@gmail.com
208-3454832
PAGE 2
Sarah Howard
25rueplumet(a gmail.com (208) 514-8948
PROFESSIONAL PERFORMANCES
Fairy Godmother, Cinderella Starlight Mountain Theatre Ed Davis/ Skye Davis
Choir, The Hunchback of Notre Dame Idaho Shakespeare Festival Victoria Bussert
Neverland Lion,Peter Pan Alluvion Stage Company Linda Nell Cooper
Ariel Moore,Footloose Starlight Mountain Theatre Ed Davis
Disney princess-style performer Capes & Crowns Emily Bourdon
ADDITIONAL THEATRE PERFORMANCES
Mary Poppins,Mary Poppins Boise Music Week Wendy Keoppl
Ophelia,Hamlet Encore Theater Company Jonathan Perry
Marian Paroo, The Music Man Western Wyoming College Chris Will
Soprano chorus, The Phantom of the Opera Liberty University Linda Nell Cooper
Vivian, Oklahoma! Liberty University Linda Nell Cooper
Cosette,Les Miserables Starlight Mountain Theatre Ed Davis
PRODUCTION
Director - independent musical theatre workshops Starlight Mountain Theatre
Tech assistant (Annie) Music Theater of Idaho
Choreographer/director Eagle Song Choir Disney Concert
MC Writer Eagle Song Choir Broadway
TRAINING
BA- Musical Theatre Performance and English(WWCC,Liberty University,Thomas Edison University)
Master Class, acting - Musical Theatre Performance—Corey Mach
Master Class, Broadway choreography -Nathan Balser(NY)
Voice 7 years
Acting 4 years
Dance (years combined) 7 years (ballet, modern, tap,jazz)
Courses in directing, choreography, stage movement, stage combat, dialect training
ACHIEVEMENTS
Nomination -American College Theatre Festival -Irene Ryan Acting Competition
Erika Gray
8800 N Craydon Dr. Boise, ID 823704 1 208-608-2674 1 erikagraylpm@hotmail.com
Education
BYU IDAHO 1 2003-2007
B.A. MUSIC EDUCATION
Minor: Piano Performance
Related coursework: Choir Director and vocal performance accompanist
Experience
PRIVATE PIANO TEACHER 12000- PRESENT
PRIVATE VOCAL TEACHER 12000-PRESENT
MUSIC SCHOOL TEACHER I LETS PLAY MUSIC 12012-PRESENT
CHOIR DIRECTOR 110 YEARS
MUSIC DIRECTOR I BOISE LITTLE THEATER I YOU'RE A GOOD MAN CHARLIE BROWN 12008
MUSIC DIRECTOR I BOISE LITTLE THEATER I WHITE CHRISTMAS 12010
MUSIC DIRECTOR I BOISE LITTLE THEATER I EVERY CHRISTMAS STORY EVERY TOLD 12012
MUSIC DIRECTOR I BOISE MUSIC WEEK I SECRET GARDEN 12014
MUSIC DIRECTOR I EVERY CHRISTMAS STORY EVER TOLD 12015
MUSIC DIRECTOR I BOISE LITTLE THEATER I ANNIE 12019
MUSIC DIRECTOR I MERIDIAN CUE I NEWSIES 12022 I
MUSIC DIRECTOR I MERIDIAN CUE I MARY POPPINS 12023
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Professional Service Agreement with the Treasure Valley Children's Theater
for Subsidized Youth Registration Fees and Production and Operational Costs of The Grunch
Performance for the Amount of$3,500
PROFESSIONAL SERVICES AGREEMENT WITH
TREASURE VALLEY CHILDREN'S THEATER
This PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY
CHILDREN'S THEATER(hereinafter"Agreement") is made this 18thday of April
2023, by and between the City of Meridian, a municipal corporation organized under the laws of
the state of Idaho ("City"), by and through the Meridian Arts Commission, and Treasure Valley
Children's Theater, Inc., a nonprofit corporation organized under the laws of the State of Idaho
(hereinafter"Organization").
WHEREAS,pursuant to its strategic plan objective to develop and offer extracurricular
arts opportunities to youth, the Meridian Arts Commission released a Request for Proposals for
Youth Performing Arts Projects, as set forth in Exhibit A ("RFP"), and Organization responded
to the RFP, as set forth in Exhibit B;
WHEREAS, at its meeting on March 9, 2023, the Meridian Arts Commission voted to
invest in Organization's youth theater productions as set forth in Exhibit B; and
WHEREAS,the respective governing bodies of City and Organization wish to work
together to further their respective and shared objectives to present theater arts experiences for
Meridian youth;
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 Organization agree as follows:
L Scope of services.
Organization shall provide the following services, deliverables, and materials under this
Agreement:
A. By August 31, 2023, Organization shall present to the public the theater arts experiences as
set forth in the proposal attached hereto as Exhibit B. All performances shall be presented to
the public, in Meridian City limits,with no admission fee.
B. Organization shall obtain all necessary royalties and scripts.
C. Organization shall schedule and hold auditions and rehearsals, and shall provide cast
members with all necessary materials for such experience. Organization shall make auditions
available to all persons between the ages of 8 and 18 at no charge.
D. Organization shall provide the following staff and any other staff necessary to provide the
services and deliverables set forth in this Agreement: director, music director, choreographer,
stage manager, production assistant, costume designer, and light designer.
E. Organization shall provide all necessary costumes, props, and set.
F. Organization shall provide and distribute marketing materials to publicize performances,
including, at a minimum, posters, flyers, and programs.
G. Organization shall reserve and pay all related costs for audition, rehearsal, and performance
space. All locations shall be accessible to persons of all abilities.
PAGE 1
H. By September 15, 2023, Organization shall submit to the Arts and Culture Coordinator a
final written report describing the services provided.
II. Compensation and payment.
A. Amount. City shall pay Organization for professional services described herein in an
amount not to exceed three thousand, five hundred dollars ($3,500.00).
B. Method of payment. Organization shall provide to City a W9 form and detailed invoices for
services and deliverables provided pursuant to the payment schedule set forth herein, which
City shall pay within thirty (30) days of receipt.
C. Payment schedule. City shall remit payment to Organization as follows:
1. Within thirty(30) days of Organization's submission of. a)proof that Organization has
secured production rights and b)written confirmation of performance venues, and c)
invoice, City shall mail payment to Organization in the amount of$1,500.00.
2. Within thirty(30) days of Organization's presentation of the final performance, or by
August 31, 2023, and Organization's submission of invoice, City shall mail payment to
Organization in the amount of$1,500.00.
3. Following receipt of Organization's final written report, by September 15, 2023, City
shall mail payment to Organization in the amount of$500.00.
These amounts shall constitute full compensation for any and all services provided and any
and all related expenses, including, without limitation, travel, materials, contingency,
commission, insurance, equipment, and any and all other costs of work to be performed or
furnished by Organization. City shall not withhold any federal or state income taxes or
Social Security tax from any payment made by City to Organization under the terms and
conditions of this Agreement. Payment of all taxes and other assessments on such sums shall
be the sole responsibility of Organization.
D. Materials fees; revenue. Organization shall be entitled to collect a reasonable materials fee
from each cast member not to exceed two hundred and fifty dollars ($250.00). In exchange
for such fee, each cast member shall be entitled to participation in rehearsals per
Organization's casting and direction; direction and coaching from Organization staff at
rehearsals; and performance per Organization's casting, direction, and scheduling.
Organization may not turn away any person due to inability to pay the materials fee;
Organization shall waive and/or make other accommodations for such fee upon request and
demonstration of financial hardship. Organization shall be entitled to retain any revenues
realized from ticket sales, sponsorships, or other fundraising undertaken by Organization.
PAGE 2
III. General provisions.
A. Indemnification. Organization and each and all of Organization's employees, agents,
contractors, officials, officers, servants, guests, and/or invitees, including any and all
participants in or observers of Organization's programming and activities, shall indemnify
and save and hold harmless City from and for any and all losses, claims, actions,judgments
for damages, or injury to persons or property and losses and expenses caused or incurred by
Organization or any Organization employee, agent, contractor, official, officer, servant,
guest, and/or invitee, or any participant in or observers of Organization's programming and
activities.
B. Insurance. Organization shall submit to City proof of an insurance policy issued by an
insurance company licensed to do business in Idaho protecting Organization, Organization's
employees, and Organization's agents from all claims for damages to property and bodily
injury, including death, which may arise during or in connection with Organization's
programming and activities, including, without limitation, auditions, rehearsals, set-up,
performance, and tear-down. Such insurance shall name City as additional insured, and shall
afford at least five hundred thousand dollars ($500,000.00)per person bodily injury, five
hundred thousand dollars ($500,000.00)per occurrence bodily injury, and five hundred
thousand dollars ($500,000.00)per occurrence property damage. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold harmless
City as set forth in this Agreement or any permit. If City becomes liable for an amount in
excess of the insurance limits herein provided due to the actions or omissions of Organization
or any Organization employee, agent, contractor, official, officer, servant, guest, and/or
invitee, or any participant in or observer of Organization activities, Organization covenants
and agrees to indemnify and save and hold harmless City from and for all such losses, claims,
actions, or judgments for damages or liability to persons or property. At all times during the
course of this Agreement, Organization shall maintain worker's compensation coverage in
the amount required by law for each and every employee utilized in the course of
performance of this Agreement.
C. Notices. All notices required to be given by either of the parties shall be in writing and be
deemed communicated when personally served or mailed via U.S. mail, addressed as
follows:
If to Organization: If to Ci :
Autumn Kersey, Executive Director Arts and Culture Coordinator
Treasure Valley Children's Theater, Inc. City of Meridian
P.O. Box 9144 33 East Broadway Ave
Boise ID 83707 Meridian ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
D. Assignment. City shall not assign or sublet all or any portion of City's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the
prior written consent of Organization. Organization shall not assign or sublet all or any
PAGE 3
portion of Organization's interest in this Agreement or any privilege or right hereunder,
either voluntarily or involuntarily, without the prior written consent of City. This Agreement
and each and all of the terms and conditions hereof shall apply to and are binding upon the
respective organizations, legal representatives, successors, and assigns of the parties.
E. No agency; independent contractor. Neither Organization nor its employees, agents,
contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of
City in any manner or for any purpose whatsoever. In all matters pertaining to this
agreement, Organization shall be acting as an independent contractor, and neither
Organization nor any officer, employee or agent of Organization shall be deemed an
employee or agent of City in any manner or for any purpose. Specifically, without limitation,
Organization understands, acknowledges, and agrees that Organization and its employees,
agents, contractors, officials, officers, servants, guests, and/or invitees:
1. Are free from actual and potential control by City in the provision of services under this
Agreement.
2. Are engaged in an independently established trade, occupation, profession, or business.
3. Have the authority to hire subordinates.
4. Own and/or will provide all major items of equipment necessary to perform services
under this Agreement.
F. Compliance with laws. hi performing the scope of services required hereunder, City and
Organization shall comply with all applicable federal, state, and local laws.
G. Attorney Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a
timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of
the essence with respect to this Agreement, and that the failure to timely perform any of the
obligations hereunder shall constitute a default of this Agreement.
L Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be
limited to: an act or omission by either party which breaches any term of this Agreement;
an act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party; or a change in or occurrence
of circumstances that renders the performance by either party a detriment to the public
health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing fourteen (14) days'
notice of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A forty-eight(48)hour cure period
shall commence upon provision of the notice of intention to terminate. If the defaulting
party successfully cures the breach or circumstances providing grounds for termination,
PAGE 4
the terminating party shall signify such cure by issuing written withdrawal of the notice
of termination. If, upon the expiration of such cure period, cure of the breach or
circumstances providing grounds for termination has not occurred, this Agreement shall
be terminated.
J. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
K. 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. In the event of conflicting
terms in the exhibits and this Agreement, the terms of this Agreement shall prevail.
L. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
M. Discrimination prohibited. In performing the Services required herein, Organization shall
not discriminate against any person on the basis of race, color, religion, gender, sexual
orientation, national origin or ancestry, age, or physical handicap.
N. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
O. Approval Required. This Agreement shall not become effective or binding until approved
by the respective governing bodies of both City and Organization.
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.
TREASURE VALLEY CHILDREN'S THEATER:
BY: "f)
Autumn Kersey
Executive Director
CITY OF MERIDIAN: Attest:
Robert E. Simison 4-18-2023 Chris Johnson 4-18-2023
Mayor City Clerk
PAGE 5
EXHIBIT A
Meridia n Com m i ss ion
Request for Proposals: Youth Performing Arts Projects
OVERVIEW:
The Meridian Arts Commission (MAC) requests proposals from local youth theater and
performing arts organizations, professionals, and educators for performing arts
projects that will feature, include, and benefit Meridian youth.
BUDGET:
Total funding available from MAC is $7,000. Selected applicants may receive a full or
partial award of up to $3,500.
ELIGIBILITY:
Organizations currently registered with the Idaho Secretary of State or individuals
who are performing arts professionals or performing arts educators are eligible to
respond. Organizations with nonprofit status will be given preference. The
opportunity to respond is open to applicants regardless of race, gender, gender
identity, sexual orientation, religion, nationality, or disability. Applicants shall be
ineligible who are, employ, or allow to volunteer: any person convicted of any charge
involving, or related to, a child or children, elderly persons, and/or other vulnerable
persons; any charge involving, or related to, use of or possession of drugs or illicit
substances; or any charge of battery, assault, telephone harassment, stalking, or
violation of a protective order.
DEADLINE:
***Deadline Extended to March 3*** Any questions regarding application must be
submitted to cschiffler@meridiancity.org by February 24tn ***
Proposals must be received by the Meridian Arts Et Culture Coordinator by March 3,
2023, at 5:00 pm MST. Materials may be delivered by e-mail, mail, or in-person
delivery. Incomplete, ineligible, or late submissions will not be considered.
PROJECT REQUIREMENTS:
Each selected applicant must:
• Enter into a Professional Services Agreement with the City of Meridian setting
forth specific conditions of participation prior to project initiation. A sample
agreement is available upon request.
• Complete all activity, including submission of a final report and invoices, by
September 15, 2023.
• By August 31 , 2022, present a theater arts production to the public that
features, includes, and benefits Meridian youth.
• Conduct all activities within Meridian city limits or area of impact.
• Conduct all activities in a facility fully accessible to, and make all activities
accessible to, all persons regardless of race, gender, gender identity, sexual
orientation, religion, nationality, or disability.
• Reserve and pay all related costs for audition, rehearsal, and performance
space.
• Obtain all necessary royalties and scripts.
• Schedule and hold open, public auditions for youth, and provide those
auditioning with all necessary materials to do so.
• If fees are collected from cast members, limit fees collected from each cast
member to an amount not to exceed $250.00, and must offer financial
assistance to ensure participation regardless of ability to pay.
• Provide all necessary staff to provide the services and deliverables
commissioned by MAC.
• Provide all necessary costumes, props, and set.
• Publicize all opportunities to audition for, participate in, and watch the final
production(s).
• Include MAC logo on materials.
APPLICATION REQUIREMENTS:
The Proposal must address each and all of the following:
1. Applicant's contact information (address, phone, email, website), mission
statement, and history; resumes and biographies of key staff and volunteers.
2. Detailed project budget, including all project expenses (e.g., administrative
fees, production fees, material costs, venue fees, marketing and promotion,
etc.) and income (e.g., admission fees, grants, corporate contributions,
sponsorships, fundraising).
3. Detailed project timeline.
4. Description of previous work in youth theater arts.
5. Narrative describing the proposed project, including:
a. How the project will benefit Meridian residents and local youth;
b. Target audience demographics, estimated number of Meridian residents and
visitors that will be impacted, and corresponding marketing/outreach plan;
c. How MAC's contribution will be recognized; and
d. Number of participants and audience members to be impacted by your
project.
EVALUATION CRITERIA:
The selection of winning proposals for the 2023 Youth Performing Arts Projects will be
made by MAC. Proposals related to the presentation of subject matter that would be
disruptive, violent, discriminatory, inappropriate, or likely to offend the sensibilities
of the general public will not be considered. In evaluating eligible proposals, the
following factors will be considered:
• Quality, clarity, and merit of proposal;
• Completion of and adherence with the provisions of this RFP;
• Demonstrated ability to meet the RFP's requirements and objectives;
• Feasibility of proposed project;
• Location of project activities;
• Impact to Meridian residents and visitors;
• Consistency of proposed project with City policy and community values; and
• Dedication and contribution to performing arts opportunities that feature,
include, and benefit Meridian youth.
ABOUT MAC:
The Meridian Arts Commission (MAC) advises the City of Meridian on arts/cultural
policy and promotes public awareness and participation in the arts with a mission to
develop, advance and nurture all facets of the arts to enhance the quality of life for
Meridian residents and visitors. Core to this mission is the belief that opportunities to
experience and participate in the visual, performing and public arts can strengthen
cities, increase livability, and contribute to a sense of community.
QUESTIONS:
Cassandra Schiffler, Arts Et Culture Coordinator
Phone: 208-489-0399
Email: cschiffler@meridiancity.org
PUBLIC RECORDS
The City of Meridian is a public agency; pursuant to the Idaho Public Records Act, all
documents in its possession are public records. Proposals will be available for
inspection and reproduction by any person.
EXHIBIT B
3 MARCH 2O23
TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
ORGANIZATIONAL INFORMATION:
NAME: Treasure Valley Children's Theater
ADDRESS: 440 W. Pennwood St. #100, Meridian, ID, 83642
PHONE: (208)-287-8828
EMAIL: michele@treasurevalleychildrenstheater.com
WEBSITE: www.treasurevalleychildrenstheater.com
MISSION STATEMENT: Through the transformative power of the arts and our core values,
Treasure Valley Children's Theater empowers youth to realize their full potential and use the
confidence gained and skills learned to change the world.
ORGANIZATIONAL HISTORY AND PREVIOUS WORK IN THEATER ARTS:
Since 2012, Treasure Valley Children's Theater (TVCT) has harnessed the
transformative power of the arts coupled with our core values, to empower youth to realize their
full potential and use the confidence gained and skills learned to change the world. Our core
values of Respect, Courage, Enthusiasm, Excellence, and Commitment equip students with the
practiced qualities that will aid in their future. We serve the greater Treasure Valley community in
a two pronged approach: 1) by providing arts education to youth in Boise, Meridian, and Eagle,
and 2) by providing free or low-cost access to arts experiences throughout the community with
our performance companies. Our work provides area youth with the skills needed to excel at our
core values and strengthens real-world skills like critical thinking, empathy, and creativity. Since
our founding, we have fulfilled our mission by offering leadership-through-performing arts
training, professional adult performances, and theater education, and collaborated with dozens
of community partners to bring professional quality arts experiences to the Treasure Valley.
Each year we serve the Treasure Valley community by offering theater education in the
form of camps and classes as well as a fall tour of professional adult actors and youth
performance opportunities. For example, in 2022, we produced:
• Four free public performances Boise, Meridian, and Nampa in spring 2022 of A Bad
Case of Stripes, The Musical(World Premiere!) adapted from the popular children's
book by David Shannon, music, lyrics and script by Treasure Valley local, Kate Haderlie
(est. 1,200 audience members)
• Two free public performances and 23 tour performances at 16 local schools of Voyage of
the Forgotten, (World Premiere!) an original story written by TVCT Artist Educator, Noah
Charles Moody. (Est. 5,000 audience members)
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TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
• A total of 6 performances of our signature Performance Program experience for youth
with Schoolhouse Rock Live, Jr.! Performances in Meridian, Eagle, and Boise on our
custom mobile stage. (Est. 650 audience members)
• Nine sold out performances of A Christmas Carol Holiday Experience (405 audience
members)
Additionally, in 2022, we offered:
• 105 Education-based programs offers in 16 valley locations with 1039 registrations
processed
PROJECT INFORMATION:
PROJECT NARRATIVE:
Treasure Valley Children's Theater seeks $3,500 from the Meridian Arts Commission to
support production costs associated with our summer youth performance program, The Grunch-
a new children's musical by BeatbyBeat press- and to subsidize registration costs for families.
The Grunch will follow our signature performance program model to involve youth from the
Meridian community in the rehearsal and production of a full-length, family-friendly theater
show:
"Inspired by "The Grinch Who Stole Christmas," The Grunch tells the story of Rudy Grunch, a
grumpy 6th grader who always feels like an outsider. When the entire school gets excited about
the annual school musical, he comes up with a perfect plan to ruin it for everyone; steal the
sets, costumes, and lights the night before it opens. But will the spirit of theatre prevail?"
(BBBpress.com)
Youth of all abilities and experience will have the opportunity to register for the program in April.
This registration style program gives young artists with some class experience who have not
participated in a full-length show the involvement of working with other young artists who have
performed in shows. This model works well to assuage fears related to auditioning in order to
gain access to participation by instead including everyone who registers. It also gives leadership
opportunities to other young artists to be examples and mentors. The over 20 youth who are
cast will learn leadership and performance skills- and will practice teamwork, empathy, and our
five core values of courage, commitment, enthusiasm, excellence, and respect- over the course
of a two week rehearsal period in downtown Meridian.A note from the director, Melissa Hadden:
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MERIDIAN ARTS COMMISSION GRANT PROPOSAL
"We love that the themes of teamwork, community, inclusion, and collaboration are all part of
this show. This reinforces our mission and values of respect for others, enthusiasm about
working together, courage to be a friend and get to know others, commitment to producing
something big, and the excellence of character it takes to bring a community together."
At the end of the rehearsal period, two performances will be presented on June 23, 6pm at
Jump Boise and June 24, 2pm at the Kleiner Park Amphitheater at no charge to the public. One
of these performances will be ASL interpreted.
SUPPORT NEEDS:
In order to make our performance programs sustainable, we typically charge $300 for materials
fees. However, with MAC's financial assistance, we can reduce youth participation fees to $250
(potential for cast members to find sponsors to reduce fees even further) making the program
even more accessible to more families. MAC's support would also alleviate pressure on our
limited scholarship funds -while we do charge fees to participate, no child is ever turned away
for inability to pay.
Additionally, by not charging for tickets, we lose an average revenue of$5,000-$6,000. Sponsor
and community support helps cover some of this shortfall, but not all. MAC's financial support
would not only help us subsidize costs for youth participants but also support the production and
operational costs we undertake as an organization.
BENEFITS TO MERIDIAN RESIDENTS AND YOUTH:
Theater as an art form and as a tool for education provides youth with critical skills
needed to improve academic performance, emotional intelligence, and community engagement.
"According to our analysis, among neighborhoods in the lowest 40 percent of the income
distribution, (compared to those with few cultural assets) those with many cultural assets enjoy:
0 14 percent reduction in indicated investigations of child abuse and neglect
0 5 percent reduction in obesity
0 18 percent increase in kids scoring in the top stratum on English Language Arts
and Math exams, and
0 18 percent reduction in the serious crime rate."
University of Pennsylvania Social Impact of the Arts Project, 2017, pp. 1-4, Culture and Social
Wellbeing in New York City: Highlights of a Two-Year Research Project.
Even for audience members, the impact that witnessing a professional theater production can
have on young people's development cannot be overstated.A University of Arkansas study
showed that "...students can benefit from school field trips to see live theater. The effects are
3 MARCH 2O23
TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
most robust with respect to measures of Tolerance and Content Knowledge... students
experience an increase in Tolerance as well as greater understanding of the plot and vocabulary
of stories if they see live theater" (Green et al., 2017, The Play's the Thing: Experimentally
Examining the Social and Cognitive Effects of School Field Trips to Live Theater Performances.
University of Arkansas).
Recent research has highlighted the need for arts education as a key component needed to
develop young peoples' emotional resilience. Both anecdotal and empirical evidence has
highlighted that students who engage with the arts develop increased empathy, tolerance, and
other skills critical to emotional development.
TARGET AUDIENCE AND MARKETING:
Our target audience is Meridian (and other Treasure Valley-area) youth between the
ages of 8-18, as well as their families and other Meridian community members. We serve youth
who are engaged in learning through our performance programs, and we serve audience
members of all ages through our free performances that benefit the community.
Our marketing strategies, developed through 10 years of testing and evaluation, rely upon
audience targeting, ideally to families of children ages 4-18 living in the Boise, Meridian, Eagle
and Nampa areas. Some of our specific strategies include:
Social media- posting on Facebook, Instagram, and Linkedln, has proven to be effective in
introducing us to new email subscribers but is frequently viewed as an awareness-building tool.
Email list- our email newsletters are currently distributed to over 5,000 subscribers with a 30%
open rate. We also distribute a Donor Quarterly newsletter with organization updates to all of
our financial supporters.
Print flyers and posters are distributed to cast members and spread throughout the community.
Word-of-mouth through participants and partners. We do a lot of outreach to the community
through the local Chambers of Commerce, Business Associations, Civic Associations, and
existing community partners to spread the word about who we are and what we do. We also
have existing partnerships with most surrounding school districts, who tend to engage in our
after school programming and help spread the word about our services.
We are partnering with Leadership Meridian in 2023 and connect with their members to promote
our services around the community.Additionally, the Meridian Masons, another one of our
community partners, have also committed to promoting The Grunch on their social media
3 MARCH 2O23
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MERIDIAN ARTS COMMISSION GRANT PROPOSAL
accounts and on posters. Corporate partners share our event information through their channels
throughout the year.
EST. NUMBER OF PARTICIPANTS/AUDIENCE:
In order to ensure financial accessibility of the show to community members, we will not
be selling tickets for this show and won't have precise audience counts. However, based on
estimates from past performance programs, we anticipate a total audience of approximately
200-300 people per show. Over 20 youth will be cast in the show and volunteer technical
opportunities will be available for around 5 more.
RECOGNITION OF MAC'S CONTRIBUTION:
If our request is granted, we are happy to publicly recognize the Meridian Arts Commission's
contribution and its significance in helping us fund The Grunch performance program and bring
theater to Meridian families.At this level of support, we are prepared to offer MAC the following
benefits:
• Inclusion of the Meridian Arts Comission's name in marketing materials
• Full page ad in performance program
• Verbal mention of Meridian Arts Commission in curtain speech before both performances
• Opportunity to have a booth at performances and distribute information to community
• 3+ social media posts on Facebook, Instagram, and Linkedln with link to MAC's website
or social media page
• An inclusion in our monthly e-newsletter (sent to over 5,000 subscribers)
PROJECT BUDGET:
EXPENSE QTY COST TOTAL
Admin Expense 1 $2,328.00
Rehearsal Space Rental 45 $25 $1,125.00
Royalties 2 $231 $462.00
Scripts 26 $1 $13.00
Casting Materials/Supplies 24 $10 $240.00
Director (M. Hadden) 60 hrs $25 $1,500.00
Stage Manager 60 hs $9 $540.00
Music Director/Choreographer (Aubrey Schultz) 40 hrs $25 $1,000.00
20 hrs $25 $500.00
3 MARCH 2O23
TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
Technical Manager 7_
Set Designer 10 hrs $15 $300.00
Make-up kits 24 $15 $360.00
Sound Assistant 20 hrs $9 $180.00
ASL Interpreters 2 $300 $600.00
Costumes 24 $10 $240.00
Props 1 $100 $100.00
Set Build/Supplies 1 $200 $200.00
Facility Use fees 1 $600 $600.00
Audience Comfort Expense 2 $25 $50.00
Concessions Expense 2 $50 $100.00
Cast/Crew T-Shirts 26 $10 $260.00
Photographer 1 $150 $150.00
Social Media Marketing 1 $15 $15.00
Poster/Flyers 100 $1 $100.00
Programs 100 $2 $200.00
Misc. Expense 1 $100 $100.00
TOTAL MAX PROJECT BUDGET: $11,263.00
INCOME QTY COST TOTAL
Materials Fees (offset by MAC grant) 24 $250 $6,000.00
MAC Grant (projected) 1 $3,500 $3,500.00
Show Title Sponsor- Optum Idaho 1 $2,000 $2,000.00
MATCH Donors- Mountain America Credit Union
(pending) 2 $500 $1,000.00
Donations from Audience (projected) 2 $500 $1,000.00
Concessions/ Merchandise (projected) 2 $100 $200.00
3 MARCH 2O23
TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
PKUNustu NKujtCT TIMELINE:
PRE-PRODUCTION:
JAN. 2023 Secure royalties Completed
FEB. 2023 Secure title sponsor (Optum Idaho) Completed
Secure match donors (Mountain America In process
Credit Union)
MARCH 2O23 Secure rehearsal space (Meridian Masonic Completed
Hall)
Secure performance space (Kleiner Park
Amphitheatre, JUMP Boise)
Confirm production team (Melissa Hadden,
director; Aubrey Schultz, music director and
choreographer)
APRIL 2023 Extend technical team contracts In process
Production meetings begin
Program registration opens Not yet begun
PRODUCTION:
MAY 2023: Finalize and initiate performance marketing Not yet begun
plan
JUNE 10- JUNE 23, Rehearsals begin Not yet begun
2023: - Parent meeting June 10, 2023
- Rehearsals run 3-7 PM,
Monday-Saturday, at Meridian
Masonic Hall
JUNE 23-JUNE 24 Shows N/A
RESUMES/BIOS OF KEY STAFF AND VOLUNTEERS:
Autumn Kersey
Founder and Executive Director
https://www.linkedin.com/in/autumnkersey/
An Idaho native,Autumn was bitten by the theater bug at age 10, performing as Gladys the
Giggling Goblin in the 6th grade play. Since then, she has performed on stages in Idaho, Utah
3 MARCH 2O23
TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
ana rioriaa.Autumn nas been directing and teaching young actors for more than 20 years.As a
young performer herself, Autumn personally benefited from the incredible leadership and life
skills gained from a theater arts education: confidence, creativity, goal setting, working with
others, academic and intellectual benefit, emotional intelligence, ambition, and the
understanding that by becoming the best version of yourself you really can change the world.
Allison Terenzio
Education Director
https://www.linkedin.com/in/allison-terenzio-6446085/
Allison received her early theater training at Youth Theater Northwest.Along with acting, Allison
studied oboe and English horn and was a member of the Seattle Youth Symphony Orchestra.
She received her B.A. in English and Creative Writing from Seattle University, where she
focused her studies on Children's Literature, Playwriting, and Shakespearean Performance.
Allison went on to study at New York University and received her Master's in Education. While
living in Manhattan, her passion for teaching through the arts and multiculturalism was born.
She teaches that theater can be used as a bridge to connect diverse groups of young people
from different ethnicities, ages, and genders.Allison believes that theater education and
exposure can motivate, engage and enlighten youth towards becoming leaders of our
community.
Melissa Hadden
Associate Education Director, The Grunch Director
Melissa has been performing on both stage and screen since 1989. She was cast in "Minor
Adjustments," a teen written and directed television show as well as cast as a FOX Kids Club
Host during morning and afternoon cartoons her freshman year of high school. Some of her
favorite stage roles include Miss Hannigan in Annie, Rita La Porta in Lucky Stiff, and Bloody
Mary in South Pacific. Melissa directed educational theatre programs at several Denver area
high schools for ten years and taught drama camp for nine summers with the Evergreen
Players. She especially loves sharing the stage and her love of theatre with young performers.
She lives by the maxim that she'll not ask anyone to do something that she's unwilling to do
herself. She is hopeful her students will be brave and take risks while reveling in participating in
something bigger than themselves. She's thrilled to be working with Treasure Valley Children's
Theater!
Aubrey Schultz
Artist Educator, The Grunch Musical Director/Choreographer
Aubrey has been in love with the arts for as long as she can remember. She received her
Bachelor of Fine Arts in Musical Theatre in 2019 and her Master of Arts in Teaching in 2020.
She enjoys theatre in all its forms! Whether she's teaching, performing on stage, watching from
3 MARCH 2O23
TREASURE VALLEY CHILDREN'S THEATER
MERIDIAN ARTS COMMISSION GRANT PROPOSAL
the aumence, or Diasting show tunes in the car, Aubrey is so passionate and excited about the
power of theatre and its ability to change people's lives.
VOLUNTEERS: Treasure Valley Children's Theater maintains a roster of rotating parent, family,
friend, and community member volunteers who help us on an as-needed basis for each
production.
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Fiscal Year 2023 Budget Amendment in the Amount of$7,000.00 for Idaho
State Liquor Division Grant
(� E N
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Police Department Meeting Date: 04/18/2023
Presenter: Kendall Nagy, Lt. Shawn Harper Estimated Time: 15 Minutes
Topic: Idaho State Liquor Division Grant
Recommended Council Action:
Mayor/Council Approval needed
Background:
Speeding Authority needed for Idaho State Liquor Division grant, received by the city to pay for
SRO training, drug prevention packets for parents and Drug Fee Signage for WASD.
Funds were received outside the normal budget cycle.
4/3/2023 12:44PM City of Meridian FY2023 Budget Amendment Form
Personnel Costs Full Time Equivalent(FTE):
Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN:---
20 2135 41200 5031 Wages
20 2135 41206 5031 PT/Seasonal Wages
20 2135 41210 5031 Overtime Please only complete the fields
20 2135 41304 5031 Uniform Allowance highlightedin Orange.
20 2135 42021 5031 FICA $ Amendment Details
20 2135 42022 5031 PER51 $ Title: Idaho State Liquor Division Grant
20 2135 42023 5031 Worker's Comp $ Department Name: Police
20 2135 1 42025 1 5031 Employee Insurance $ Presenting Department Name: Police
Total Personnel Costs S Department#: 2135
Operating Expenditures Primary Funding Source: 20
Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#:
20 2135 85000 5031 Grant Expenditures S 7,000 S 7,000 Project#: 5031
20 2135 5031 $
20 2135 5031 S Is this for an Emergency? ❑ Yes 0 No
20 2135 5031 S New Level of Service? ❑ Yes I7 No
20 2135 5031 $
20 2135 5031 $ Clerks Office Stamp
20 2135 5031 $
20 1 2135 5031 $
20 2135 5031 $
20 2135 50.11 $
20 2135 5031 $
20 2135 5031 $
20 2135 5031 $ 4-18-2023
- Dare oJCouncil Approval
Total Operating Expenditures S 7,000 $ S 7,000
Capital Outlay
Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date
20 213S 5031
20 2135 5031 12 3
20 2135 5031 D ment Director
20 2135 5031 f t_�^��
20 2135 5031 `lam -"S
20 2135 5031 Chief Financial Officer
Total Capital Outlay $ -
Revenue/Donations �}-y-�z3
Fund# Dept.# G/L# ProjA G/L#Description Total lcp��
20 2135 33100 5031 Grant Revenue $ 7,000 /J-
20 2135 5031
20 2135 1 5031 Mayor
Total Revenue/Donations $ 7,000
Total Amendment Request $ -
Total Amendment Cost-Lifetime
C ty of Mend an FY2023 Budget Amendment Form C%UsersUSCOttVIooData1LocaIW crosoftlWindowsNNetCachetContent.OutlOOM06821PVR1FY2023 Budqet Amendment Form-Idaho State Liuuor Division Grant
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E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Ada County Housing
Authority For CARES Act Community Development Block Grant Funds
SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND ADA COUNTY HOUSING AUTHORITY
FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Subrecipient Agreement ("Agreement") is entered into this 18th day of April
2023 by and between the City of Meridian, a municipal corporation organized under the laws of the
state of Idaho ("City") and Ada County Housing Authority, a public body corporate and politic
established under the laws of the state of Idaho ("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for, and been granted
authority to receive funds from the United States Department of Housing and Urban Development
("HUD")under Title I of the Housing and Community Development Act of 1974, Public Law 93-383,
i.e., Community Development Block Grant("CDBG") funds; and
WHEREAS,the Coronavirus Aid, Relief, and Economic Security("CARES")Act, enacted on
March 27, 2020, provides additional funding through CDBG program to assist communities, including
the City of Meridian, in addressing the impacts of the COVID-19 pandemic;
WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of
the following grant(s)to Subrecipient: grant no. B-20-MW-16-0006, awarded by HUD on June 5,
2020;
WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to
assist the City in utilizing such funds and the CDBG program in a manner compliant with the
requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws,
statutes, regulations and/or requirements; and
WHEREAS, it is acknowledged by the Parties that although Congress has signed an
appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its
apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to
Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such
funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is
provisional, pending the availability of such funds;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
L STATEMENT OF WORK
A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed
one hundred seventy-nine thousand dollars ($179,000) for administering emergency rental
assistance, in a manner satisfactory to the City and consistent with any standards, condition,
and deadlines of such funds, as set forth herein. This project is eligible under(05Q) Subsistence
Payments. CDBG Funds will be used to reimburse for administration and rental assistance.
The primary administrative office is located at 1001 S. Orchard St., Boise. See Attachment 1
for a map of the service location.
B. Eighty percent expenditure by May 12, 2023. Subrecipient understands and acknowledges
HUD's requirement that by June 4, 2023, the City must spend at least 80% of its overall
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE I OF 28
CARES Act funding, and if this requirement is not met, HUD may rescind such funding. For
this reason, Subrecipient agrees that if it does not request from City reimbursements in the
amount of at least eighty thousand dollars ($80,000)by May 12, 2023, available funding may
be reduced by the amount required to meet the 80% expenditure requirement. In order to meet
the 80% expenditure deadline, Subrecipient shall submit reimbursements weekly until
reimbursement requests total eighty thousand dollars ($80,000) or City advises Subrecipient
that the requirement has been met.
C. National Objective. Subrecipient certifies that the activities carried out using the City's
CDBG funds provided by City under this Agreement will meet one or more of the CDBG
program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i).
D. Level of Service. Subrecipient's activities under this Agreement shall provide at least 100 total
Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units
of Service" shall be defined as "low-to moderate-income individuals." Subrecipient shall
verify that the household income of clientele served by City's CDBG funds, as defined in 24
CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of
Housing and Urban Development. The current income guidelines are located in the
Subrecipient Toolbox at https://meridiancity.org/cdbg/.
E. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and
job description for each staff member that will be paid using CDBG funds prior to
Subrecipient's initial reimbursement request.
F. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule.
The Project Schedule must indicate the start and end dates for different project elements. The
Project Schedule shall be submitted as a companion document with this Agreement. A revised
Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or
experienced.
G. Special Conditions.
1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to
provide services and programs only to City of Meridian residents. If applicable,
Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient
pursuant to this Agreement ("Client") a)reside within the city limits of Meridian, Idaho and
b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client
who does not meet the above requirements to be ineligible to receive CDBG funds and shall
suspend use of federal funds for the Client.
2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing
Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act
requirements.
3. City reserves the right to make unannounced visits to Subrecipient's location in order to
verify compliance with all program requirements.
4. If applicable, Subrecipient may utilize HUD's Income Calculator at
https://www.hudexchange.info/incomecalculator/to determine annual household income of
cDBG-cv SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 28
any or all Clients based on CDBG criteria.
H. Time of performance. Services of Subrecipient shall start on or after April 10, 2023 and end
on September 30, 2023. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which Subrecipient remains in control of
CDBG funds or other CDBG assets, including program income.
IL SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS
A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the
Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG) including subpart K of these
regulations, except that(1) Subrecipient does not assume the City's environmental
responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's
responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all
other applicable federal, state and local laws, regulations, and policies governing the funds
provided under this Agreement. A copy of the Environmental Review Record is included as
Attachment 5.
B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform
administrative requirements, as described in 24 CFR § 570.502.
C. Performance monitoring. City will monitor the performance of Subrecipient against goals
and performance measures as set forth herein. Performance monitoring shall include City's
review of Subrecipient's submitted documents for accuracy and completion, as well as a risk
analysis that will determine if the City will conduct a desk review and/or an on-site visit from
City's Community Development Program Coordinator to review the completeness and
accuracy of records maintained. A copy of the risk analysis is included as Attachment 2.
Substandard performance as determined by City shall constitute noncompliance with this
Agreement. If action to correct such substandard performance is not taken by Subrecipient
within fourteen days (14) after being notified by City, City shall initiate termination
procedures.
Additionally, Subrecipient will be allowed no more than three noncompliance performance
standards throughout the contract. Noncompliance includes, but is not limited to: missing a
deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not
providing correct supporting documentation. The first occurrence will result in a warning; the
second a formal letter of noncompliance; and the third will result in a formal letter notifying
Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle.
City may share Subrecipient performance and monitoring results with other local CDBG
grantees and/or agencies who are providing funding to Subrecipient.
D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall
obtain written approval from City prior to any change in use of funds.
E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall
submit progress reports monthly via the City's online portal. Instructions on submitting
progress reports are located in the Subrecipient Toolbox at https:Hmeridiancity.org/cdbg/.
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 3 OF 28
Progress reports will be due 15 days after the last day of the reporting period. If Progress
Reports are delinquent, reimbursement requests will not be processed until the delinquency is
cured. Subrecipient must timely submit Progress Reports even if no activities are conducted
within the reporting period.
F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available.
G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be limited to: client name,
address, income level or other basis for determining eligibility, race, ethnicity, and description
of service provided. Such information shall be made available for review upon City's request.
Subrecipient understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration
of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial
Privacy Act unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian.
H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but shall not be limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to City), and determining the custodianship of records. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during any period that
Subrecipient has control over CDBG funds, including program income.
L Audits and inspections. All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to City, HUD or its agent, or other authorized federal
officials, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies
noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after
receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non-
Federal entities that expend$750,000 or more in Federal awards, in one year, have a single or
program-specific audit.
J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II,
section(H), Subrecipient is prohibited from contracting with any party that is suspended or
debarred, i.e., listed on the governmentwide exclusions in the System for Award Management.
K. Payment Procedures.
1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply
with 2 CFR 200, subpart E and have been previously approved, in writing, by the
Community Development Program Coordinator.
2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 4 OF 28
based upon information submitted by Subrecipient and consistent with any approved budget
and City policy concerning payments. With the exception of certain advances, payments
will be made for eligible expenses actually incurred by Subrecipient, and not to exceed
actual cash requirements. Payments will be adjusted by City in accordance with advance
fund and program income balances available in Subrecipient's accounts. In addition, City
reserves the right to liquidate funds available under this Agreement for costs incurred by
City on behalf of Subrecipient.
3. Reimbursement requests. It is expressly agreed and understood that the total amount to
be paid by City under this Agreement shall not exceed one hundred seventy nine thousand
dollars ($179,000). City will not accept or process reimbursement requests prior to City's
reception of Congressional Release of Funds; the Community Development Program
Coordinator shall notify Subrecipient of such release and the opportunity to submit
reimbursement requests. Reimbursement requests for the payment of eligible expenses
shall be made against the activity specified, in accordance with performance, and as
expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via
the City's online portal and must be completed in full to be processed. Instructions to
submit reimbursement requests are located in the Subrecipient Toolbox at
https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in
coordination with the Community Development Program Coordinator. Reimbursement
requests shall include the following: transaction detail completed for the relevant draw
request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of
payment by Subrecipient (such as copy of check and bank transaction information showing
payment of check, copy of receipt of payment by contractor or subcontractor, and/or other
relevant documentation of payment). After the expenditure requirements set forth in
section I.B. of this agreement has been met, reimbursement requests must be submitted
within fifteen(15) calendar days from the close of each month of the program year except
for the final reimbursement request. Subrecipient's final reimbursement request under this
Agreement must be submitted by Subrecipient no later than October 30, 2023 and must
include a Closeout Certification form which can be found in the Subrecipient Toolbox at
https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not
requested within the timeframes set forth in this provision, unless otherwise authorized, in
writing, by City.
a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or
termination of this Agreement, Subrecipient shall transfer to City any and all CDBG
funds on hand at the time of expiration and any and all accounts receivable attributable
to the use of CDBG funds.
b. Unique entity identifier. Subrecipient shall comply with requirements established by
the U.S. General Services Administration concerning the Unique Entity Identifier, the
System for Award Management("SAM") and, per 2 CFR § 170.320, the Federal
Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25.
L. Documentation required prior to real estate transactions. Where City's CDBG funds are
used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to
the completion of each transaction, Subrecipient shall provide the address of real property
under consideration to City for floodplain and related environmental review. Failure to provide
the address of the housing unit under consideration in advance of the anticipated close date may
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 5 OF 28
result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by
City. Subrecipient shall maintain real property inventory records that clearly identify properties
purchased, improved, rented, or sold.
M. Housing Affordability. Where the City's CDBG funds are used for homeownership
assistance, the housing must qualify as affordable per Section 215 of the National Affordable
Housing Act.
N. National Objectives met for five (5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real
property that is acquired or improved, in whole or in part, with funds under this Agreement in
excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5)
years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to
meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City
an amount equal to the current market value of the property, less any portion of the value
attributed to expenditures of non-CDBG funds for acquisition of or improvement to the
property. Such payment shall constitute program income to City. Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the five-year
period.
O. Compliance with procurement policies. Subrecipient shall comply with current Federal,
State, and City policies concerning the purchase of equipment and shall maintain inventory
records of all non-expendable personal property as defined by such policy as may be procured
with funds provided hereunder.
P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds
under this Agreement is sold, the proceeds shall be program income, prorated to reflect the
extent to that funds received under this Agreement were used to acquire the equipment.
Equipment purchased with funds received under this Agreement but not needed by
Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG
program or (b)retained after compensating City an amount equal to the current fair market
value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
Q. Program income.
1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to
24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all
or part of any program income balances, including investments thereof, held by
Subrecipient, except those needed for immediate cash needs, cash balances of a revolving
loan fund, cash balances from a lump sum drawdown, or cash or investments held for
section 108 security needs.
2. Recording program income. Pursuant to 24 CFR § 570.504(a), the receipt and
expenditure of program income shall be recorded as part of the financial transactions of the
grant program.
3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program
income received before grant closeout may be retained by the recipient if the income is
treated as additional CDBG funds subject to all applicable requirements governing the use
of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b)
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 6 OF 28
and(c), both prior to and upon closeout.
R. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this Agreement,
Subrecipient shall maintain all records that are pertinent to the activities to be funded under
this Agreement, including, but not limited to, those required by the Federal regulations
specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG Program;
£ Financial records, as required by 570.506(h);
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K;
h. Identification of CDBG funds received and expended and the Federal programs under
which they were received, including Federal award identification number and year and
name of the pass-through entity(City of Meridian);
i. Records that identify adequately the application of CDBG funds, including information
pertaining to Federal awards, authorizations, financial obligations, unobligated
balances, assets, expenditures, income and interest; such records shall be supported by
source documentation;
j. Comparison of expenditures with budget amounts for each Federal award.
k. Written procedures to implement the requirements of 2 CFR § 200.305; and
1. Written procedures for determining the allowability of costs in accordance with subpart
E of this part and the terms and conditions of the Federal award.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of all
activities funded under this Agreement, defined as the date of the submission of City's final
annual performance and evaluation report to HUD. Records for non-expendable property
acquired with funds under this Agreement shall be retained for five (5) years after final
disposition of such property. If, prior to the expiration of the five-year period, any
litigation, claims, audits, negotiations or other actions begin that involve any of the records
cited, such records shall be retained until completion of the actions and resolutions of all
issues, or the expiration of the five-year period, whichever occurs later.
III. EMPLOYMENT AND LABOR CONDITION REOUIREMENTS
A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section (C) and 41 CFR §
60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein
by reference, and shall apply as though set forth fully herein.
B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section
109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 7 OF 28
Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by
Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in
undertaking its obligation to carry out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant, and will not itself so discriminate.
C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders referenced in
24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the
Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable.
Subrecipient will not discriminate against any employee or applicant for employment or
services because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital status or status with regard to public assistance. Subrecipient will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which
prohibits discrimination against the handicapped in any federally assisted activities. City shall
provide Subrecipient with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
E. Small,Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must
take all necessary affirmative steps to assure that small businesses, minority businesses,
women's business enterprises, and labor surplus area firms are used when possible
F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to
City's specifications an Affirmative Action Program in keeping with the principles as provided
in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative
Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient
shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
G. Notice to workers. Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other agreement or understanding, a
notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
L Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free
Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals) of
federal agencies, as a prior condition of being awarded a grant, to certify that they will provide
drugfree workplaces. Each potential recipient must certify that it will comply with drugfree
workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24,
subpart F.
cDBG-cv SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 8 OF 28
J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based
organization, Subrecipient agrees to expend funds provided under this Agreement in
accordance with 24 CFR § 5.109.
K. Labor standards. Per 2 CFR Part 200, Appendix II, section (D), Subrecipient agrees to
comply with all applicable requirements of the Secretary of Labor in accordance with the
Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient
or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less
than the prevailing wages as specified in a wage determination made by the Secretary of Labor.
In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not
less than once a week. Subrecipient must include a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination.
Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland
"Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled.
Subrecipient further acknowledges and agrees that all contractors engaged under contracts in
excess of$2,000.00 for construction, renovation or repair of any building or work financed in
whole or in part with assistance provided under this Agreement shall comply with Federal
requirements pertaining to such Agreements and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers; provided, that if
wage rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if
any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section (E), the
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) applies to contracts
in excess of$100,000.
L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR §
570.611. Further, no person who exercises or has exercised any function or responsibility with
respect to CDBG-assisted activities, or who is in a position to participate in a decision-making
process or gain inside information with regard to such activities, may obtain a financial interest
in activities funded under this Agreement, or have a financial interest in any contract,
subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure or for a
period of one (1)year thereafter.
M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section (F), if Subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by
the awarding agency.
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 9 OF 28
N. Lobbying; political activities. Subrecipient hereby certifies that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any Federal agreement, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal agreement, grant,
loan, or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its
instructions;
Subrecipient will require that the following language be included in the award documents for
all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly:
"This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not let less than $10,000 and
not more than$100,000 for each such failure."
The foregoing certification is a material representation of fact upon which reliance is placed by
City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(I), submission of this
certification may be a prerequisite for making or entering into this transaction. Subrecipient
further agrees that no funds provided, nor personnel employed under this Agreement, shall be
in any way or to any extent engage in the conduct of political activities in violation of the Hatch
Act(Title V, Chapter 15, U.S.C.).
O. Section 3 of the Housing and Urban Development Act of 1968.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of
1968, as amended(12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part
75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution
of this Agreement, shall be a condition of the Federal financial assistance provided under
this Agreement and shall be binding upon City and any contractors and/or
subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing
and community development financial assistance to the project (or$100,000 of Lead
Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City,
Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. Subrecipient certifies and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
cDBG-cv SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 10 OF 28
2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental
General Conditions in all applicable subcontracts executed under this Agreement. The
CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes
the Section 3 requirements located at 24 CFR § 75.19(b).
IV. ENVIRONMENTAL CONDITIONS
No funds will be released until City conducts an environmental assessment and makes a determination
of"No Significant Impact"in compliance with 24 CFR Part 58 and other federal, state, and local laws
and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is
completed and is accepted by the City and/or HUD.
A. Air and Water. Subrecipient specifically agrees to comply with the following regulations
insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section(G).
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to
inspection, monitoring, entry reports, and information, as well as other requirements
specified in said Act, and all regulations and guidelines issued thereunder.
3. Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. hi accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located
in an area identified by FEMA as having special flood hazards, flood insurance under the
National Flood Insurance Program is obtained and maintained, and shall assure compliance
with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD Lead-Based
Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community
Development Act of 1992. These regulations revise the CDBG lead based paint requirements
under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require
that all owners, prospective owners, and tenants of properties constructed prior to 1978 be
properly notified that such properties may include lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead-based paint poisoning and the advisability and
availability of blood level screening for children under seven. The notice must also point out
that if lead-based paint is found on the property, abatement measures may be undertaken. The
regulations further require that, depending on the amount of Federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended(16
U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic
Preservation Procedures for Protection of Properties, insofar as they apply to the performance
of this Agreement. In general, this requires concurrence from the State Historic Preservation
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 11 OF 28
Officer for all rehabilitation and demolition of historic properties that are fifty years or older or
that are included on a Federal, state or local historic property list.
V. GENERAL CONDITIONS
A. Appropriation. It is acknowledged by the Parties that although Congress has signed an
appropriation bill committing the funds set forth in this Agreement, and HUD has notified City
of its apportionment and approved the City's Action Plan, availability of CDBG funds to City,
and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's
release of such funds to City. Unless and until HUD releases the funds, City shall have no
contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are
not made available to City, whether by Congress or by HUD, this Agreement shall be void, and
City shall have no obligation to Subrecipient, whether under this Agreement or under any legal
or equitable claim.
B. Notices. All notices required to be given by either of the parties hereto shall be in writing and
be deemed communicated when personally served, or mailed in the United States mail,
addressed as follows:
If to City: If to Subrecipient:
City of Meridian Ada County Housing Authority
Attn: Crystal Campbell, Community Attn: Deanna Watson, Executive Director
Development Program Coordinator 1001 S. Orchard St.
33 E. Broadway Avenue Boise, ID 83705
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning
CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations.
Subrecipient also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement, except that: (1)
Subrecipient does not assume the recipient's environmental responsibilities described in 24
CFR § 570.604; and(2) Subrecipient does not assume the recipient's responsibility for
initiating the review process under the provisions of 24 CFR Part 58.
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. Subrecipient shall at all times remain an independent Contractor with
respect to the services to be performed under this Agreement. City shall provide no benefits or
insurance coverage whatsoever to Subrecipient and/or to its agents.
E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming,
shall hold harmless, defend and indemnify City from and for all such losses, claims, actions,
and/or judgments for damages or injury to persons or property and/or losses and expenses
caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and participants in its programming, and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 12 OF 28
performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents,
contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or
volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or
destruction to tangible or intangible property.
F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance
coverage, in the amount required by Idaho law, for all employees involved in the performance
of this Agreement.
G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets
from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must
provide the equivalent insurance coverage for real property and equipment acquired or
improved with CDBG funds as provided to property owned by the non-Federal entity. For
construction or facility improvement contracts or subcontracts exceeding the simplified
acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient
must comply with bonding requirements set forth in 2 CFR § 200.325.
H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in
providing services through this Agreement. All activities, facilities and items utilized pursuant
to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient
will include a reference to the support provided herein in all publications made possible with
funds made available under this Agreement.
L Amendments. The parties hereto may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each party, and approved by City's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release either party from its
obligations under this Agreement. City may, in its discretion, amend this Agreement to
conform with Federal, state or local governmental guidelines, policies and available funding
amounts, or for other reasons. If such amendments result in a change in the funding, the scope
of services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both parties.
J. Termination (see 2 CFR Part 200,Appendix II, section (B)).
1. Termination for convenience. Either party may terminate this Agreement by, at least
thirty(30) days before the effective date of such termination, giving written notice to the
other party of such termination and specifying the effective date thereof.
2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for
cause, which shall include, but shall not be limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies or directives
as may become applicable at any time;
b. Failure to fulfill in a timely and proper manner its obligations under this Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission of reports that are incorrect or incomplete in any material respect.
cDBG-cv SUBRECIPIENT AGREEMENT-ADA CouNTY HOUSING AUTHORITY PAGE 13 OF 28
Either Party may terminate this Agreement for cause by providing written notice to the
other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure
the deficiency or non-compliance. If the deficiency or non-compliance is not cured within
this time period, the other Party shall terminate this Agreement for cause. In addition to
termination of this Agreement and/or any other remedies as provided by law, City may
declare Subrecipient ineligible for any further participation in City CDBG programming.
3. Work completed. In the event of any termination, all finished or unfinished documents,
data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials
that are the property of and prepared by Subrecipient under this Agreement shall become
the property of City, and Subrecipient shall provide same within seven (7) days of City's
demand therefor. Subrecipient shall be entitled to receive just and equitable compensation
for any satisfactory work completed on such documents or materials prior to the
termination.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without
prior written consent of City; provided, however, that claims for money due or to become due
to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any assignment or transfer shall be
furnished promptly to City.
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the prior written consent of City.
All subcontracts entered into in the performance of this Agreement shall be awarded
pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or
federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow-up actions taken to correct areas
of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and will permit
access to its books, records and accounts by City, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their
entirety to be included in and made a part of any subcontract executed in the performance
of this Agreement. Specifically, without limitation, Subrecipient shall include the
provisions of this Agreement regarding Civil Rights and Affirmative Action in every
subcontract or purchase order, specifically or by reference, to ensure that such provisions
will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with
documentation concerning the selection process.
M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient
cDBG-cv SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 14 OF 28
agrees specifically, without limitation,to comply with:
1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b);
2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and
Relocation Assistance Plan under 24 CFR part 42, subpart B; and
3. The requirements in 24 CFR 570.606(d) governing optional relocation policies.
Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or
conversion for a CDBG-assisted project.
N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements.
O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless
be in full force and effect.
P. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous to
the execution hereof or contemporaneous herewith.
Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement.
R. Attachments. All attachments and/or 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.
S. Approval required. This Agreement shall not become effective or binding until approved by
the respective governing bodies of both City and Subrecipient.
VL CARES ACT FUNDING
The Coronavirus Aid, Relief, and Economic Security Act(CARES Act) was signed into law on March
27, 2020 in an effort to respond to the COVID-19 pandemic. Projects funded under the CARES Act
must meet all of the criteria for standard CDBG projects, but must also use the funding to prepare,
prevent, and/or respond to COVID-19. The CARES Act prohibits the duplication of benefits. A
duplication of benefits occurs when:
1. An agency and/or an individual receives assistance for the same activity from multiple
resources (e.g. FEMA, SBA for staffing, etc.); and
2. The total assistance is greater than the expense incurred for that activity.
Subrecipient certifies that it has not received or applied for any additional funding sources that may be
considered a duplication of benefits. If Subrecipient receives or applies for funding sources for the
activities described in this Agreement, Subrecipient shall immediately notify the City's Community
Development Program Coordinator. In the event a duplication of benefits is received the agency will
be required to reimburse City for CDBG funds disbursed.
cDBG-cv SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 15 OF 28
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.
SUBRECIPIENT:
Ada County Housing Authority
eanna Watson, Executive irector
CITY:
City of Meridian Attest:
By: Robert E. Simison, Mayor Chris Johnson,City Clerk
CDBG-CV SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 16 OF 28
Attachment 1: Location of Service Area
Meridian City Limits
- 'N.
Fonaacoe u'
11 wwa._pl c era j fm?
8 __ P
w�a„aR,. ro
R E1wxRa a
uoe�x Ra wu.e�xRa wu..eu.Ra wu:�xRe � rruew.eaa � wu,.-xr � wussa _ Eu.u.as SS s. � u-., t+"^ wu:aex Rd
� wuxwau
a� Rog
6 5
a
� � Wow w � w R .rv" wF� wFa Wae W
6 EFw«MRa w-1,1 wf. ,Ra wFm.uxRa Erem 1 EE—Rd WE Ra
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amen Re 's wouuR� " s.
3
Re Eld-Rd H Evcbry Ra Frkv'ry R4 $ W. Ras W. Rd watt
R � 666
Ea NRa a,„Ra .—Rd mw_. W"Ra E-Ift Ea"„. w
g � Wax 9 eRaza Ra
POLICY -.a g s
CDBG—CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 17 OF 28
Attachment 2: Risk Analysis
Risk of Noncompliance Evaluation
This aoanent-s used to analyze the risk of the program to determine the level of monitoring requred during this prWram year.
Orgy ization ACHA YearProg
CDBG-CV Award S 179.000.00
NarnTotal Paints 50 Risk Level Medium Next Ste s Onsite Monitor
ro,aura7caq cac.k rea eve P
■ PointValue
Type of Contract weight; 2
Public Service 4
Housing Activities(Other than Homeownership Assistance) 3 4 9
Ac uisitionlConstruction 2
Public facilities. planning, infrastructure 1
Contracted Dollars weight: 2
560,00D-Above 4
$40 000-$59 999 3 _ B
$20,000-$39,999 2
50-519,999 1
Subrecipient Experience with Meridian CDBG weight: 3
New Pr ram 3
1 -3 years. 2 2 6
4 years+ 1
New Activity for Sul recipient weight: 3
Yes 2 1 3
No 1
Number of Clients Served weight: 2
100+ 3
50-99 2 3 6
Less than 5D 1
Key Organizational Change weight: 3
Executive Director& Financial Manager 4
Executive Director andfor Financial Manager 3
Program DirectonWanager 2 0 0
Other Key Staff 1
None 0
Systems Change weight: 3
Major Systems Change 2
Minor Systerns Change 1 0 0
None 0
Program Delays weight: 1
CDBG Program did not begin on scheduleldelayed 1
New Program 1 1 1
CDBG Program began on schedule 0
Progress Reports weight: 2
Subrecipient has history of not submitting reports timely 1
New Program 1 0 0
Subrecipient has history of submitting reports timely 0
Met Goals in Previous Years weight: 3
No/New Program
CDBG-Cv SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 18 OF 28
0
0
Met at least 75%
Financial Audit weight: 4
Audit with moderate to serious fndings
AlthoughNo Audit -+ -, r 1
Audita
Last Monitoring
renewed Visit weight: 3
New Program ��W
Grant not
2 Years of
Monitoring)Less than 2 Years
Corrective Action (Any weight:
Current Major Findings: a affect services, clients,or
potential for payment error
Current
Concerns: Fi , + i require provider's
- - a• - •, •• + ,
I Level of Risk -
Low Risk Medium Risk High Risk
<40 points 41-60 points 61+points
Project requires a minimum Projects will be monitored via internal bi-annual desk Projects will receive priority for
amount of monitoring- Activities monilomgs and on-site monitoring no less than every monitoring. High priority activities
under this category wil be two years- The on-site monitoring review will be will generally be monitored
monitored primarily via internal conducted preferably within the first six months of the annually within the f rst 6 months
desk monitoring procedures on an chosen program year. Based upon the results of the of the program year. High-risk
annual basis,unless situations monitoring visit, staff will determine the need for and subrecipients may also be
dictate otherwise- On-site frequency of additional technical assistance visits required to submit additional
monitoring wit generaly take place andfor on-site compliance reviews. These activities documentation as needed to
at least once every two years- will generally be monitored after high priority activities allow for closer evaluation of the
have been adequately addressed- project through desk monitoring-
Comments
Attachment 3: Signing Authority
Complete the form to designate signing authority.
Subrecipient Name: Ada County Housing Authority
Project Name: CDBG - CARES; Emergency Rental Assistance
Program Year: _. Start Date: End Date:
Jillian Patterson Deputy Director
Name Title
Authorized to sign for(check all that
Aa&.a e)tI apply):
I ratifying Signature ® Financial ® Contractual
Name Title
Authorized to sign for(check all that
apply):
Identifying Signature ❑ Financial ❑ Contractual
Name Title
Authorized to sign for(check all that
apply):
Identifying Signature ❑ Financial ❑ Contractual
Signing authority for the above individuals is authorized by:
C�O—A aa-&—--V"a Ck 6AAera-e—
Name Title
Za6m—� 4/13/2023
Signature Date
CDBG-CV SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 20 OF 28
Attachment 4: Federal Certifications
The following are required as referenced below.
Subrecipient Name: Ada County Housing Authority
Project Name: CDBG-CARES; Emergency Rental Assistance
Program Year: Start Date: End Date:
Subrecipient maintains a policy for and complies with the following:
Yes No N/A Policy
C1 ❑ ❑ ADA/Section 504 [29 U.S.C. § 701]
IN ❑ ❑ Confidentiality [2 CFR § 200.303(e)]
El ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611]
❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F]
® ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)]
❑ ❑ Fair Housing [Fair Housing Act] (if applicable)
❑ ❑ Nondiscrimination [24 CFR § 570.607]
❑ ❑ Procurement [2 CFR § 200.318(a)] (if applicable)
Is Subrecipient a nonprofit entity? ❑Yes 29No
Per 2 CFR § 200.415 major nonprofit organizationslare ineligible for this funding. If the
agency is a nonprofit, please select one of the following:
❑ Organization is not a major nonprofit organization.
❑ Organization is a major nonprofit organization.
By signing this form, I certify the above is true and correct to the best of my knowledge.
(�AAANJt-- L5MO e4 X1%F jEL43�Dr�
Name �l'itIe
4/13/2023
Signature Date
A major nonprofit organization is defined in§200.414(a)as an organization receiving more than St4 million in direct
federal funding.
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HousING AUTHORITY PAG121 OF 28
Attachment 5: Environmental Review
Environmental Review
for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5
Pursuant to 24 CFR 58.34(a) and 58.35(b)
Proiect Information
Project Name: ACHA-Emergency-Rental-Assistance-CV
HEROS Number: 900000010317385
Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642
State/Local Identifier: ID
RE Preparer: Crystal Campbell
Grant Recipient (if different than Responsible Entity):
Point of Contact:
Consultant (if applicable):
Point of Contact:
Project Location: 1001 S Orchard St, Boise, ID 83705
Additional Location Information:
N/A
Description of the Proposed Project [24 CFR 50.12& 58.32;40 CFR 1508.25]:
ACHA provides emergency rental assistance for eligible applicants who are at risk of being evicted in
Meridian. Services will be provided virtually. The City anticipates using$180,000 of CDBG CARES Act
funding for this project. TCDBG funds will be used to assist an estimated 35 households remain in
housing. ACHA screens potential participants throughout the year, while funding is available.
Level of Environmental Review Determination
Activity/ Project is Exempt per 24 CFR 58.34(a):
58.34(a)(4)
Signature Page
ER Sig Pg.pdf
Funding Information
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 22 OF 28
Grant/Project HUD Program Program Name
Identification
Number
B-20-MW-16-0006 Community Planning and Community Development Block Grants
Development(CPD) (CDBG) (Entitlement)
Estimated Total HUD Funded,Assisted $180,000.00
or Insured Amount:
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $180,000.00
Compliance with 24 CFR§50.4& §58.6 Laws and Authorities
Compliance Factors: Are formal Compliance determination
Statutes, Executive Orders, and compliance steps (See Appendix A for source
Regulations listed at 24 CFR §50.4 & or mitigation determinations)
§58.6 required?
STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR §50.4& §58.6
Airport Runway Clear Zones and ❑ Yes 0 No Based on the project description the
Clear Zones project includes no activities that would
24 CFR part 51 require further evaluation under this
section. The project is in compliance
with Airport Runway Clear Zone
requirements.
Coastal Barrier Resources Act ❑ Yes 0 No This project is located in a state that
Coastal Barrier Resources Act, as does not contain CBRS units. Therefore,
amended by the Coastal Barrier this project is in compliance with the
Improvement Act of 1990 [16 USC Coastal Barrier Resources Act.
3501]
Flood Insurance ❑ Yes 0 No Based on the project description the
Flood Disaster Protection Act of project includes no activities that would
1973 and National Flood Insurance require further evaluation under this
Reform Act of 1994 [42 USC 4001- section. The project does not require
4128 and 42 USC 5154a] flood insurance or is excepted from
flood insurance. While flood insurance
may not be mandatory in this instance,
HUD recommends that all insurable
structures maintain flood insurance
under the National Flood Insurance
Program (NFIP). The project is in
compliance with Flood Insurance
requirements.
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 23 OF 28
Mitigation Measures and Conditions [CFR 40 1505.2(c)]: Summarized below are all mitigation measures
adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid
non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions
must be incorporated into project contracts, development agreements and other relevant documents.The
staff responsible for implementing and monitoring mitigation measures should be clearly identified in the
mitigation plan.
Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete
or Factor Completed Plan
Measures
Project Mitigation Plan
Supporting documentation on completed measures
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 24 OF 28
APPENDIX A: Related Federal Laws and Authorities
Airport Runway Clear Zones
General policy Legislatio Regulation
It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D
prevent incompatible development
around civil airports and military airfields.
1. Does the project involve the sale or acquisition of developed property?
Compliance Determination
Based on the project description the project includes no activities that would require further evaluation
under this section. The project is in compliance with Airport Runway Clear Zone requirements.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
✓ No
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 25 OF 28
Coastal Barrier Resources _
General requirements Legislation Regulation
HUD financial assistance may not be r(CBRA)
oastal Barrier Resources Act
used for most activities in units of the of 1982, as amended by
Coastal Barrier Resources System the Coastal Barrier Improvement
(CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501)
on federal expenditures affecting the
CBRS.
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance
with the Coastal Barrier Resources Act.
Screen Summary
Compliance Determination
This project is located in a state that does not contain CBRS units. Therefore, this project is in
compliance with the Coastal Barrier Resources Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
✓ No
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 26 OF 28
Flood Insurance _
General requirements Legislation Regulation
Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1)
used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a)
in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR
insurance is both obtained and maintained. 4001-4128) 55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a
mobile home, building, or insurable personal property?
Screen Summary
Compliance Determination
Based on the project description the project includes no activities that would require further evaluation
under this section. The project does not require flood insurance or is excepted from flood insurance.
While flood insurance may not be mandatory in this instance, HUD recommends that all insurable
structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in
compliance with Flood Insurance requirements.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
✓ No
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 27 OF 28
Attachment 6: Budget
Ada County Housing Authority
Emergency Rental Assistance Program Case
CDBG-CV IDIS# 154 Rent Payments Management Total
Award $ 173,000.00 $ 6,000.00 $ 179,000.00
Amendment $ - $ - $ -
Amended Award $ 173,000.00 $ 6,000.00 $ 179,000.00
Draw# Date Timeframe
1 $ -
2 $ -
3 $ -
4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
11 $ -
12 $ -
Total (PY22) $ - $ - $ -
Balance $ 173,000.00 $ 6,000.00 $ 179,000.00
CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 28 OF 28
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Resolution 23-2384: A Resolution of the City Council of the City of Meridian
to Amend City of Meridian Standard Operating Policy 3.4, Regarding Compensation Program;
and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2384
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERRAULT, STRADER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND
CITY OF MERIDIAN STANDARD OPERATING POLICY 3.4, REGARDING
COMPENSATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council has authority over the policies of the City of Meridian;
and
WHEREAS the City Council finds it in the best interest of the City of Meridian to
update the compensation policy in order to increase employee tenure, attract top talent, maintain
market competitiveness, and demonstrate a commitment to employees;
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That the City of Meridian Standard Operating Policy no. 3.4, regarding the
Compensation Program, shall be amended as set forth in Exhibit A hereto.
Section 2. That this resolution shall be in full force and effect immediately upon its
passage.
ADOPTED by the City Council of the City of Meridian, Idaho, this 18th day of April,
2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 18th day of April, 2023.
APPROVED:
Robert E. Simison, Mayor
ATTEST:
By:
Chris Johnson, City Clerk
RESOLUTION AMENDING STANDARD OPERATING POLICY No.3.4 PAGE I
T 1�T City of Meridian
E I�lAlr -- Standard Operating Policy
Number 3.4
Compensation Program
Purpose:
To set forth the City's policy regarding consistent administration of the City's compensation program
and movement of an employee from position to position (i.e., promotion,transfer, demotion, etc.).
Policy:
The City has developed and supports a pay feF peFfeFinaRee market-based step plan, as its
compensation program for all non-represented employees.The Compensation Program, its policy and
procedures, provide guidelines related to the administration of the compensation program for
department directors and supervisors and- Shall be deyelepe4 is designed to meet the following goals:
increase employee tenure, attract top talent, maintain market competitiveness and demonstrate a
commitment to employees.
Represented Fire employees should refer to the collective labor agreement for information regarding
their compensation structure and policies.
This policy shall be implemented to pursuant to the Compensation Program Standard Operating
Procedures.
Authority& Responsibility:
Human Resources shall oversee the administration of the compensation program and shall ensure it is
adjusted and up-to-date at all times. department directors or their designees, are responsible for
managing the implementation of the program according to performance and budgetary guidelines. The
Mayor and City Council are responsible for approving the annual compensation budget including
appropriate adjustments @Rd reFfaFinaRee iReFease within budgetary constraints and guidelines.
Revision Date:02/15/2022
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Resolution No. 23-2383: A Resolution of the Mayor and the City Council of
the City of Meridian Appointing Patrick Gittings to Seat 3 and Debra Pitts to Seat 4 of the
Meridian Historic Preservation Commission; and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 23-2383
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN APPOINTING PATRICK GITTINGS TO SEAT 3 AND DEBRA PITTS TO
SEAT 4 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian City Code Section 2-1-1 establishes the Meridian Historic
Preservation Commission, its members and terms of their appointments; and
WHEREAS, Seats 3 and 4 of the Meridian Historic Preservation Commission are
currently vacant; and
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest
of the citizens of the City of Meridian to approve the appointment of Patrick Gittings to Seat 3
and Debra Pitts to Seat 4 of the Meridian Historic Preservation Commission as recommended by
Mayor Simison and described herein;
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That, effective immediately, Patrick Gittings be appointed to Seat 3 of the
Meridian Historic Preservation Commission,which term shall expire October 31,2023 and Debra
Pitts be appointed to Seat 4 of the Meridian Historic Preservation Commission, which term shall
expire October 31, 2025.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 18t' day of April,
2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 18t11 day of April, 2023.
APPROVED: ATTEST:
Mayor Robert E. Simison Chris Johnson, City Clerk
RESOLUTION APPOINTING GrrTINGS AND PITTS TO THE MERIDIAN HISTORIC PRESERVATION COMMISSION
Item 22
E IDIAN;---
AGENDA ITEM
ITEM TOPIC: PRESENTATIONS
Ll
Meridian Parks and Recreation April 18, 2023Parks and Recreation Commission President Keith BevanPresented to the Meridian City Council by UPDATECOMMISSION
Meridian Parks and Recreation Commission John OvertonCity Council LiaisonKeith BevanMandi RobertsJo GreerElle Hood (Youth)Front Row L to R:Brandon SimpsonJennifer BoboMike MedellinGelsominoDom
John NesmithBack Row L to R:
Our Commissioners Are Out and About in the Community!
In 2022, the City of Meridian performed a Leading the Way evaluated:that were above the U.S. average in all seven areas Meridian’s Parks and Recreation services were rated Meridian
is an excellent or good place to live and raise a of respondents agreed that 89%The results showed that to assess the community’s perception of city services. Citizen Survey
2023 AllCommission Goals-
1. Support the design and construction of Commission Goals-2023 All and support ongoing implementation.Master Plan UpdateComprehensive Park System 4. Finalize the development of the
. Community Center3. Participate in the design and programming of a new construction. the City of Meridian, with focus on developing projects for future across pathway system 2. Support
development of a connected including the skate park and bike park. , Discovery Park Phase 2
5. Participate in the partnership with the Meridian Arts Commission Goals-2023 All. Parknew playground at Tully 8. Provide feedback on the design for . and stakeholdersengage citizens
7. Pursue improved tools and opportunities to including clubhouse/patio improvements. , Lakeview Golf Course6. Support future improvements at , and Discovery Park.TrailhubPark, Ten
Mile Meridian parks and along pathways. Focus this year on Seasons in theming and identity reinforcing art Commission to add
9. Discuss and provide input on efforts to manage operations of Commission Goals-2023 All appropriate. whenever involvement/presence in community events11. Continue to foster greater
Commission . opportunitiespartnership through workshops and other outreach for . Meridian Poolthe
Discovery Park Skate ParkBike ParkTeen Area AmenitiesSoftball LightsFencingPicnic SheltersPickleball/TennisLandscapingUp Next….Basketball Court PavedCurb, Gutter & Sidewalks InCompletedRestroom/Conce
ssion BuildingWater, Power and Sewer NeedsNatural Gas Pipelines Replaced
Meridian’s Pathway System Viewed Through Fresh Eyes including:Recommendations, Identity & BrandingAmenitiesStandards for Wayfindingdays in Meridian exploring our pathway system.In
August 2022, planning experts from the Urban Land Institute spent several
Community Center Planning Continues
Completed!
Up Next for Seasons ParkTrailhubTen Mile Creek Discovery Park Identity Theming and
Lakeview Golf Club Improvements including dining room and patioClubhouse renovations Up Next:New Fleet of Golf CartsEnhanced Food OfferingsNew Concrete Cart PathsPressurized Irrigation
PumpNew WellNew Irrigation SystemPlayability:Improving Appearance and
Before….Tully and Bear Creek Parks Being Planned for:Playground Replacements Chateau Park…. After
Meridian Pool the high dive, etc.)risk areas (the deep end, -swimmers out of higherkeeping unskilled reduce active rescues by mandatory test helps This –and Under New Diving BoardADA
UpgradesNew Lifeguard EquipmentSlide RepairsNew UV SystemsVac System-New AutoNew AEDsConcrete RepairsAccess Gate Adjustment Improvements
Any Questions or Comments?
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Request to Withdraw Application for Meridian OZ Apartments (H-2022-
0073), by Realm Venture Group
1
T", EALNZ
VENTURE GROUP
RE: H-2022-0073
Meridian OZ Apartments
MDA, CUP
Location: 1475 E Franklin Rd.
Parcel#S 1118110051
Mayor& City Council,
We are requesting a formal withdrawal of the above-referenced application. The basis of which is
to save both City Council, Staff and the Applicant the time of filing a reconsideration and
potential judicial review to come to the same outcome.
Based on the City Council meeting on March 21, 2023 and the resulting written record, it was
clear that the Applicant will need to make a fairly drastic overall change of the currently
proposed project. We suspect that any new application or an amended application will not be
subject to the one year restriction for filing such under UDC 11-5A-3 as the new project and the
new application/amended application will not be"in substantially the same form" as the current
application.
Withdrawing the application allows the Applicant to get focused on the task at hand and to avoid
the unnecessary cost of filing for a reconsideration, which(based on the record) shows that the
Applicant was not afforded an opportunity to respond to public testimony at the hearing and not
afforded due process during the hearing itself, among other things.
Thank you in advance for your courtesy.
Realm Venture Group
Jorre D ado
CC: Attorney Nary
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial of Meridian CZ Apartments
(H-2022-0073), by Realm Venture Group for Property Located at 1475 E. Franklin Rd.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW, E DECISION,AND AND ORDER I D A H O
Date of Order: April 18, 2023
Case No.: H-2022-0073
Applicant: Jorre Delgado, Realm Venture Group
In the Matter of. Request for(A) a development agreement modification to the existing
development agreement(Instrument No. 99121334, AZ-99-005, Cobblestone
Village)to remove the subject property from the existing agreement and
enter into a new agreement for a proposed multi-family development and(B)
a conditional use permit for a multi-family development consisting of 60
dwelling units on 2.39 acres of land in the R-40 zoning district
Pursuant to testimony and evidence received regarding this matter at the public hearing before the
City Council of the City of Meridian(the "City Council") on March 21, 2023, as to this matter, the
City Council enters the following findings of fact, conclusions of law, decision, and order.
A. Findings of fact.
1. The facts pertaining to the Applicant's property(the"Property"), the Applicant's request,
and the process are set forth in the staff report for Case No. H-2022-0073, which is
incorporated herein by reference.
2. The Property is encumbered by an existing development agreement (Instrument No.
99121334) (the "Existing Development Agreement").
3. The Applicant is requesting a modification to the Existing Development Agreement to
remove the Property from the Existing Development Agreement and enter into a new
development agreement(the "New Development Agreement") to facilitate a proposed multi-
family development.
4. The Applicant is requesting a conditional use permit ("CUP") for the proposed multi-family
development, which is contingent on City Council approval of a modification to the Existing
Development Agreement, because the proposed multi-family development is inconsistent
with the Existing Development Agreement.
5. The Existing Development Agreement contemplates 96 multi-family units on 6.15 acres
(15.6 units/acre).
6. The Existing Development Agreement contemplates ingress and egress to the multi-family
units from both E. Franklin Road and S. Locust Grove Road.
7. A portion of the property encumbered by the Existing Development Agreement is now
utilized by the Ada County Highway District as a detention pond, and cannot be easily
developed as contemplated in the Existing Development Agreement.
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case No.H-2022-0073 Pagel
8. The proposed multi-family development includes 60 multi-family units on 2.39 acres (25.1
units/acre).
9. S. Locust Grove Road is the only point of ingress and egress for the proposed multi-family
development; no access would be provided via E. Franklin Road.
10. The City Council held a public hearing on March 21, 2023, and received testimony from the
Applicant and the public concerning the CUP and the proposed modification to the Existing
Development Agreement.
11. The City Council finds, based on testimony received and information in the record, that a
single point of ingress and egress for the proposed multi-family development would result in
significant traffic safety concerns on S. Locust Grove Road.
12. The City Council finds, based on testimony received and information in the record, that an
increase in density from 15.6 units per acre to 25.1 units per acre (i.e., a 60.9 percent
increase) is not consistent with the density contemplated in the Existing Development
Agreement.
13. Based on the foregoing, the City Council finds that the proposed New Development
Agreement is inferior to the Existing Development Agreement.
14. Because the New Development Agreement is inferior to the Existing Development
Agreement, the City Council finds that it is not in the City's best interest to modify the
Existing Development Agreement as proposed by the Applicant.
15. The City Council specified the actions the Applicant could take to obtain approval,
including, but not limited to, reducing the density of the proposed multi-family development
to better match the density contemplated in the Existing Development Agreement and
providing better ingress and egress to the site.
B. Conclusions of law.
1. The City Council takes judicial notice of the Unified Development Code of the City of
Meridian ("UDC"), codified at title 11, Meridian City Code; all current zoning maps; and
the City of Meridian Comprehensive Plan.
2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"),
codified at chapter 65, title 67, Idaho Code, including, but not limited to, sections 67-
6519(5) and 67-6535.
3. A development agreement is a binding contract. Wylie v. State, 151 Idaho 26, 32, 253 P.3d
700, 706 (2011). The legal effect of a development agreement is determined by the plain
meaning of the agreement.Id.
4. A decision to modify a development agreement shall be made by the City Council. UDC §
11-513-3(17)(2).
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case No.H-2022-0073 Page 2
5. The City Council may modify an existing development agreement, but it is not mandated to
do so. UDC § 11-5B-3(F)(2). Similar to other binding contracts, the City Council may deny
a request to modify a development agreement if the proposed modification is not in the best
interest of the City. See id.
6. Courts in the Fourth Judicial District of the State of Idaho have held that a City Council
decision to approve or deny a request to modify a development agreement is not subject to
judicial review. Brown v. City of Meridian, CVO 1-19-06894, slip op. at 12 (District Court of
the Fourth Judicial District of the State of Idaho, County of Ada,Nov. 11, 2021).
C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby
denies the Applicant's request to modify the Existing Development Agreement because the
proposed modification is not in the best interest of the City. Additionally, the City Council
hereby denies the Applicant's request for a CUP because the proposed multi-family
development is inconsistent with the Existing Development Agreement.
D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of
the governing body of the City of Meridian.
E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a
matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this
final decision may, within twenty-eight (28) days after all remedies have been exhausted,
including requesting reconsideration of this final decision as provided by Meridian City
Code section 1-7-10, seek judicial review of this final decision as provided by chapter 52,
title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not
admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d)
and 67-8003, an owner of private property that is the subject of a final decision may submit a
written request with the Meridian City Clerk for a regulatory takings analysis.
IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 18th day of
April, 2023.
Robert E. Simison
Mayor
Attest:
Chris Johnson
City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case No.H-2022-0073 Page 3
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Fiscal Year 2023 Budget Amendment in the Amount of$167,732.00 for
Motorola APX Radio Conversion
(� E N
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Police Department Meeting Date: 04/18/2023
Presenter: Lt. Ford Estimated Time: 15 minutes
Topic: Motorola APX Radio Conversion
Recommended Council Action:
Mayor/Council Approval
Background:
23 Motorola APX mobile radios to be installed in patrol vehicles. The APX class is the newest
model, and it is needed as part of a county wide migration.
3120/2023 9:30AM City of Meridian FY2023 Budget Amendment Form
Personnel Costs Full Time Equivalent(FTE):
Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN,--�
01 2110 41200 0 Wages
01 2110 41206 0 PT/Seasonal Wages
01 2110 41210 0 Overtime Please only complete the fields highlighted
01 2110 41304 0 Uniform Allowance in Orange.
01 2110 42021 0 FICA $ Amendment Details
01 2110 42022 0 PERSI $ Title: Motorola APX Radio Conversion
01 2110 42023 0 Worker's Comp $ rtment Name: Police
01 2110 42025 0 Employee Insurance $ Presenting Department Name: Lt.Frasier
Total Personnel Costs $ Department#: 2110
Operating Expenditures Primary Funding Source: 1
Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#:
01 2110 56103 0 23 APX Radios @$6684.00 per $ 153,732 $ 153,732 Project#:
01 2110 56103 0 Forecasted Installation Labor $ 10,000 $ 10,000
01 2110 0 $ Is this for an Emergency? ❑Yes ❑� No
01 2210 0 $ New Level of Service? ❑Yes ❑� No
01 2110 0 $
01 2110 0 $ - Clerks Office Stamp
01 2110 0 $
01 2110 0 1$
O1 2110 0 $
O1 2110 0 $
O1 2110 0 $
O1 2110 0 $
O1 2110 0 $ Dote of Council Approval 4-18-2023
Total Operating Expenditures $ 163,732 $ - $ 163,732
Capital Outlay
Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date
01 2110 0
01 2110 0 ^�4. r,;,.
o y/bYlZ_
01 2110 0 nI Director
1 2110 0 L
01 2110 0 _L k Lt.Z
0
01 2110 0
Chief Financial Officer
Total Capital Outlay $
Revenue/Donations `I_q-
Fund# Dept.# G/L# Proj.# GA#Description Total o iY[i iso
01 2110 0 �{I,
01 2110 0 [��
01 2110 0 M r
Total Revenue/Donations $ -
Total AI end ent Request $ 163,732
Total Amendment Cost-Lifetime
City of Meridian FY2023 Budget Amendment Form C:1Users%scolaiannilAppDala%Local%Microsoft%WindowsllNetCache%Conlent.Outlook1UK9S16S6%FY2023-Budget-Amendment-APX Radios
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