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Home My WebLink About2023-06-13 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 13, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault (4:37 PM) Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 1. Agreement Between the Streamliner Aquatic Recreation Inc. and the City of Meridian for Use of Meridian Community Swimming Pool by Streamliners Swim Team 2. Agreement Between the Meridian Killer Whales Swim Team, Inc. and the City of Meridian for use of Meridian Community Swimming Pool by Killer Whales Swim Team 3. Addendum to the Master Pathway Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian 4. Approval of Construction Contract to BriCon, Inc. for the Five Mile Creek Pathway Bridge Connection for the Not-To-Exceed amount of $445,000.00 5. Greater Ada County Police, Fire, and Emergency Medical Service Agencies Joint Powers Agreement Regarding Active Shooter and Hostile Event Response 6. Development Agreement (Jennie's Retail H-2022-0071) Between the City of Meridian and Mauricio and Ilene Garcia for Property Located at 2365 E. Fairview Ave. 7. Development Agreement (Prairiefire Subdivision H-2022-0053) Between the City of Meridian and Providence Properties, LLC for Property Located at 3539 N. Locust Grove Rd. 8. Development Agreement (Sessions Parkway H-2022-0046) Between the City of Meridian and GFI - Meridian Investments, LLC for Property Located at 2700 N. Eagle Rd. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 9. Public Works: 2023 Streetlight Master Plan 10. Public Works: 2023 Solid Waste Master Plan ORDINANCES 11. Ordinance No. 23-2021: An ordinance (Prairiefire Subdivision – H-2022-0053) annexing the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 3.16 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 12. Per Idaho Code 74-206 (c): To acquire an interest in real property not owned by a public agency and 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into session: 5:29 PM Out of session: 6:47 PM ADJOURNMENT 6:47 PM Meridian City Council Work Session June 13, 2023. A Meeting of the Meridian City Council was called to order at 4.32 p.m. Tuesday, June 13, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also present: Chris Johnson, Bill Nary, Laurelei McVey, Micah Bandurrage, Jamie Leslie, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault (4:35 p.m.) _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is June 13th, 2023, at 4.32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the option of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a section to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Agreement Between the Streamliner Aquatic Recreation Inc. and the City of Meridian for Use of Meridian Community Swimming Pool by Streamliners Swim Team Meridian City Council Work Session June 13,2023 Page 2 of 20 2. Agreement Between the Meridian Killer Whales Swim Team, Inc. and the City of Meridian for use of Meridian Community Swimming Pool by Killer Whales Swim Team 3. Addendum to the Master Pathway Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian 4. Approval of Construction Contract to BriCon, Inc. for the Five Mile Creek Pathway Bridge Connection for the Not-To-Exceed amount of $445,000.00 5. Greater Ada County Police, Fire, and Emergency Medical Service Agencies Joint Powers Agreement Regarding Active Shooter and Hostile Event Response 6. Development Agreement (Jennie's Retail H-2022-0071) Between the City of Meridian and Mauricio and Ilene Garcia for Property Located at 2365 E. Fairview Ave. 7. Development Agreement (Prairiefire Subdivision H-2022-0053) Between the City of Meridian and Providence Properties, LLC for Property Located at 3539 N. Locust Grove Rd. 8. Development Agreement (Sessions Parkway H-2022-0046) Between the City of Meridian and GFI - Meridian Investments, LLC for Property Located at 2700 N. Eagle Rd. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On the Consent Agenda I move that we approve the Consent Agenda as published and that the Mayor be authorized to sign and the Clerk to attest. Borton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. Meridian City Council Work Session June 13,2023 Page 3 of 20 DEPARTMENT/ COMMISSION REPORTS [Action Item] 9. Public Works: 2023 Streetlight Master Plan Simison: So, we will go into Item 9, which is a department report from Public Works on the 2023 streetlight master plan. Good evening, Laurelei. Or it's still afternoon'ish. McVey: Thank you, Mayor and Members of the Council. We have a couple of Public Works topics this evening, so you will be hearing quite a bit from me. Perfect. Thank you. All right. Well -- oh, do you want to start with streetlights or solid waste? I think streetlights was first on the agenda. Okay. Perfect. All right. Well, I am really excited to be here to finally present to you guys the streetlight master plan. So, this has been years -- and when I say years -- years in the making, the -- we have not had any formalized documented streetlight plan before this and so this is a really important step forward for our -- our city and our program. So, I wanted to do a couple of quick introductions first, because I certainly did not write this plan by myself. I wanted to introduce you guys -- you all know Warren Stewart. He's the city engineer. He manages this group, but I wanted to introduce you to Micah. Micah is our transportation and utility coordinator and so part of Micah's job is streetlights. So, you will hear quite a bit about Micah's job throughout this presentation, but I really wanted to thank and acknowledge Micah. He did a lot of the heavy lifting of getting this plan put together and actually getting us to the state where we have a documented plan. So, as I mentioned, this is the first formal streetlight master plan that we have ever had. We completed it in house, which I'm incredibly proud of. Our purpose was to document the program to really put into place how does the program work today. Look at where do we want to go in the next few years, establish some goals, establish a five year capital plan with the current funding mechanisms in place and, then, also document any program constraints that currently exist in the program. So, a little bit of background I think it's important to understand how we got to where we are at today. So, streetlights previously were installed in the city with new development over time without a lot of standardization. So, Idaho Power also installed some lights back in the early 2000s to do a small program to enhance safety, but it was never intended to be a full citywide streetlight program. So, over time this program grew. When Public Works took it over in 2008 we actually -- we hired the transportation and utility coordinator, whose primary job at that point was utility coordination. The street lighting duties ended up falling under that position and so in 2010 when we took over this program we had about 3,400 lights in the city. So, we implemented standards and in 2016 we required that all new lights be LED, so that was one of the standards that got put in place and you fast forward to today to 2023 and we have almost 8,600 lights in the city. That's a 155 percent increase over this time. So, significant program growth. So, what does it look like? I just mentioned we have 8,600 city-owned streetlights. We add about 300 to 500 per year and I will talk about how we add those to the system. About 44 percent of our system is LED lights today and we will talk more about our program to convert HPS lights, high pressure sodium lights, to LED. We also have about 1,700 additional lights needed in our underserved areas and we will talk more -- a bit more about that as well. Where this program is going -- we anticipate for full city build out, which is still a long time away, but this program will be Meridian City Council Work Session June 13,2023 Page 4 of 20 upwards of 29,000 streetlights in the city once the full city is built out. So, the streetlight program has five main program elements, which we will go through and talk a little bit about each. So, the first is public safety. So, the real reason for streetlights is that they improve and enhance public safety. So, they can do this through a variety of mechanisms. They improve visibility for pedestrians and cars. They can help deter crime. They help people feel safe and want to use areas more frequently. They can even help first responders find areas quicker and shorten response time. So, we did an overlay working with the Police Department to overlay the 2022 crimes in the city over areas with deficient lighting and while there is some overlap, you know, there is not a hundred percent direct correlation, but you can definitely see that areas -- you know, streetlights can have an influence on public safety and definitely do help deter crime. So, one of the elements focused on public safety is that in 2024 -- so, this will be the budget that you guys will see later this week, we are recommending that all of our LED replacements for FY-24 be focused on the major intersections. So, this was a recommendation that came out of the Meridian Pedestrian Task Force Safety Group and we will go through -- it's about 180 lights and upgrade those all to LED lights and so that was the first recommendation that kind of came out of that committee related to streetlights. So, how do new lights get added to our system? So, primarily they come in through development or street projects. So, ITD, ACHD. They come in also through the city's CDBG or underserved areas. But the majority of them come through new developments. So, they are paid for by developers. Once they are constructed and the city takes over we pay for power and we also pay for maintenance and repair costs and, then, if the streetlights are hit or damage we are, then, also responsible for replacement of those. As I mentioned, we put in design standards and specifications. So, now all new lights going into the city meet those specifications. They meet the type, they meet the spacing and they are all required to be LED. So, that's a huge step forward for us. So, the -- the basic day-to-day operating of the streetlight program -- so, we have ongoing annual expenses, so important to remember streetlight funding even though it comes out of my workgroups, it is funded out of the General Fund. So, we have an operating budget of about 400,000 dollars per year that goes to electricity, it goes to maintenance and repair costs, it goes towards paying the deductible on insurance claims. So, that's our annual operating cost. We do have one staff member that is split between transportation and utility coordination and streetlight duties. We are currently doing an hour study to determine, you know, where his time is split and spent to make sure that we are allocating his hours in the right fund. But he has many other duties besides just streetlights, but he is responsible for new lighting design if the city takes on a lighting project. Designing LED retrofits. Serving as a project manager. He reviews all of the new development plans that come in amongst other -- other things. So, the general day to day of streetlights. So, we have an outage map. So, if anybody notices a streetlight that's out they can on our website go to a map, identify the streetlight on a map and report to us that it is out. You can put your contact information in if you choose and we will get back with you and let you know when that light is fixed. We also respond to damaged lights. So, anytime we see that -- well, if somebody hits a light. So we generally try -- if you know who hits a light through the police department, we will attempt to recover those costs through insurance. And, then, probably the other biggest customer issue that we deal with on streetlights is around shielding. So, you may get Meridian City Council Work Session June 13,2023 Page 5 of 20 customers that say, you know, this streetlight is too bright, it's shining in my windows. We have developed industry standard and -- an industry standards of light readings and we will go out at night to the property line and take measurements and if the light -- we call it light trespass is higher than our standards then at the city's cost we can sometimes install shielding. If the light trespass is below the standards, then, we sometimes offer the residents at their own cost can have us put up shielding. So, you can't always put up shielding, but it is -- it is an option in some cases and, obviously, lighting is very subjective of whether it's too bright or -- or not bright enough. So, our underserved areas -- this is one of our major program components. So, these are areas that were developed before our standards went into place. So, they are generally the older areas of town and the streetlights -- there may be too few or they may be too far apart to meet our current standards. That doesn't necessarily mean that they are -- it's an imminent problem, but it just means it doesn't meet our current lighting standards. So, we pay for new lights two ways. Through the city's General Fund annual budget and, then, through CDBG grant funding. When we go through these areas and try to determine where to install lights we look at a variety of things, but we prioritize is it close to schools? Is it on a walking path to school? We look at the data from the Police Department on traffic accidents, crimes. Are there crosswalks? We also look at redevelopment potential and ACHD's five year work plan, because if that street or that area is going to be redeveloped in the near term, the lights will be upgraded to current standards as part of that. So, it doesn't make sense for us to go in and do it in advance. So, there is a lot of things that go into us deciding where to put these lights. You will notice as we break them down by district, primarily they are in the older districts that developed before street lighting standards went into place. As I mentioned we have about 1,700 of these identified needs. Currently we fund between 80 and 85 thousand from the General Fund and our average that we have received every year from CDBG is about 89,000. New streetlights are expensive, so it's about 9,000 dollars per streetlight. So, we can install between nine and 18 new lights per year if you combine the General Fund with the CDBG funding. At that rate it -- we have, you know, pretty long schedule to get all of those lights replaced, but there are some constraints with that. It's not just adding budget, we have to have project management resources and -- and the ability to manage those projects as well. So, this is our five year capital improvement plan. So, there is two primary subdivisions that have been identified. Both of those subdivisions have either no or very few streetlights and are close to several schools. So, those kind of jumped up on our priority and you will see this is just with the city General Fund we will install between six and nine streetlights per year in those -- in those subdivisions. We also have a plan -- because CDBG funding is less predictable, we do have a plan and priority for the CDBG areas. Those generally tend to be near the downtown area. But, again, we use the same prioritization of close to schools, close to parks, walking routes, and so we have a priority plan in place, too, as we get CDBG funding to go ahead and -- and work through that plan as well. I guess I should mention on these maps, the shaded areas -- so, the tan areas are underserved -- areas that have an underserved lighting need. The blue areas are underserved lighting needs that are eligible for CDBG. So, our next program element is our high pressure sodium to LED conversions. So, this is a program that results in long-term cost savings. So, when you convert these high pressure sodium to LED, a couple of Meridian City Council Work Session June 13,2023 Page 6 of 20 ways that you save money. You reduce the wattage. You reduce -- so, they require less energy. There is less maintenance. They have longer life spans. And so these are spread out kind of more evenly through the districts, but we also receive energy efficiency rebates from Idaho Power when we convert these. So, we have about 56 percent of the system left to still convert and we get our funding for this through the General Fund. Over the next ten years we have budgeted between 75 and a hundred thousand per year for LED conversions. With that we can convert approximately 200'ish lights and with that that would take us about 20 years to finish the conversions. This is one area where we do have some capacity to take on additional work if there was more funding. You know, if we were able to increase the budget from a hundred thousand to 260,000 we could complete the LED retrofits in about seven years and that would result in a savings of about a million dollars over the next 20 years. So, it's definitely a way that we could move this program forward. And, then, additionally, once the LED conversions are complete we could, then, shift that funding to put it into the underserved areas to -- to accelerate the conversion -- or the install of lights there. So, this is our plan for the next five years with LED conversions and you will see this is much more spread out through the city, but you will see -- the first year in pink is the major intersections from the task force. So, a couple of things that are, you know, program constraints for us. So, as the program continues to grow at some point we will need to add additional staff. Like I said, we are -- this is the first time we have had this much detail around the program; right? So, we are really able to start tracking some metrics and tracking workloads and progress and goals. So, we -- you know, some of our goals for the next five years is to better evaluate staffing and decide, you know, when is the right time to bring on additional people. One of the things is since this program has evolved over time over different -- different work groups, the data accuracy is -- is -- could be improved. One of our goals for the next five years is to put this into our Public Works asset management tracking system and for public sector. So, we are currently working on that to get all of the streetlights in -- into that. We are seeing some improvements in cost supply chain and -- well, I shouldn't say cost. Supply chain and contractor availability. But these are areas that significantly impacted us over the -- the period with COVID and really led to a slowdown. We are seeing some of that. Costs are definitely higher. So, we are able to do less with, you know, flat budgets and that kind of goes to funding. We are a little bit constrained, right, with -- with resources from project management, but we do have some -- some area that we could, you know, if there were available funding we could increase some of the program elements like the LED replacements. So, like I mentioned, our goals for the next five years is we want to execute well on this capital improvement plan. We want to improve data accuracy by putting it in our asset management database. We want to evaluate when is the right time to bring on more staff, both from a streetlight management program and, then, at some time it may make sense to also bring in maintenance of -- and -- of -- and streetlight LED conversions in house. And, then, also just make sure that we are investigating new technologies and staying up -- up to speed. Technology changes rapidly on these lights and just making sure that we -- are our standards are up to spec. We are putting in the best lights that we can and that we are changing them out and maintaining them with the best lights that we can. So, that is in a nutshell our streetlight program. Like I said, I think the most important thing that this does is it puts all of the Meridian City Council Work Session June 13,2023 Page 7 of 20 program information into one place that didn't exist before. It really outlines what we do, how we do it and gives us some good goals to work towards that are, you know, published in alignment with your guys' direction, in alignment with what we can accomplish and really proud of the staff and the work that it took to get to this level. So, happy to stand for any questions. Simison: Thank you, Laurelei. First want to start, you know, when -- when you -- when you accepted the Public Works job one of the things you talked about was wanting to do more of this work in-house. So, congratulations to you and the team in helping achieve that result. You know, that's -- that's -- that's the first -- you know, it's great to see that taking place. So, with that, Council, questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just two quick questions. Laurelei, what's an example of a data point that isn't terribly accurate today that we are -- that we are referring to that could be made more accurate going forward? McVey: So, Councilman Borton, we are missing some information on streetlights, such as, you know, maybe the wattage type or the pole height or are there, you know, additional -- has there been 5G antennas put on our police cameras, just putting all of that data into one place and being -- being able to easily query and say we have this many LEDs, we have this many of this type of pole, we have this many that are this age. So, it really will help us better with some of that data analysis. So, the data exists. It's spread out. There is some missing. So, it will really help us putting it into this asset management database. It will also help us track life cycle cost, too, you know, how often are we replacing things. What would be the ROI on things? It -- it just -- it really helps with those things. Borton: Mr. Mayor. The second question was on the -- the constriction caused by labor. The labor needs to -- to accelerate the plan. Are there private contractors that do streetlight conversions that you could contract with theoretically in a short period of time to accelerate it, rather than on-board new employees? McVey: Councilman Burton, that's a -- that's a great question and that's -- that's kind of what we tried the last couple of years, right, with the accelerated budgets. So, the answer to your question, yes, there are consultants that would happily take on some of the design of these projects. Where we run into labor constraints is the project management and their getting it through some of the city's internal processes. So, you still have to have staff that get it through the Purchasing Department and out to bid and manage the invoices that come in and process those through the Finance Department and do, you know, inspections and enter it into the asset management program and so that's where some of the -- so, the design piece can absolutely be done outsourced, but that's where we -- we kind of struggled with -- we took on more than we could get done Meridian City Council Work Session June 13,2023 Page 8 of 20 and where we had the backlog of -- of funding and the carry forward, which I'm happy to announce we will have the majority of that spent by the end of this fiscal year. It's all in design or currently in bid or construction. Simison: And if I can just add onto that and you can slap me if I get this wrong, but from my conversations it's -- it's twofold. We currently have the low bit contractor and they have limited ability to do the work. So, the next contractor is going to cost more money than the ones we are, which reduces our ROI, as well as, secondarily, if we bring on another staff member, then, our ROI also dissipates. So, there is that fine -- I don't -- I don't know where the line -- that's why I think that they are trying to figure out where is that line where it makes sense to accelerate where you are not losing your benefit of doing them faster, as compared to waiting until the natural change over for at least for the LED conversion component. That's -- that's where some of this -- but we also have power costs going up and I think that there was a factor that you did include some anticipated power increases in the -- the numbers; correct? McVey: Yes. Yeah. And so the Mayor's spot on. We -- you know, we feel like we need to continue to each year run the ROI on this and say where are our power costs, where are our contracted labor costs, where are our internal costs and -- and where does that -- and there is really the two parts which he mentioned. There is the LED conversions, which is a little bit different than the actual install of new streetlights. Those take kind of two different things to manage and one is a little bit easier, that's why we can do, you know, 192 LED conversions, where we -- installing new lights you have to do complete design and utility work and design of the infrastructure and so it takes -- to have a staff member do that internally definitely takes more -- more work. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Laurelie. Well, first of all thank you to Micah, Warren and -- and yourself and the whole team for putting the report together. I really appreciated reading the report. I did have some questions. You know, one thing I -- I was struck by -- we had 3,000 lights with the same staffing level that we have today where we have almost three times as many lights now. What percentage of staff time is being spent on, you know, managing the existing inventory of lights -- let's say LED conversions if they were on that seven-year schedule, which we had funded previously, compared to installing new lights, if you were to take a guess? McVey: Well -- so, Council Woman Strader, that's a great point and we actually are in the middle of doing a more detailed hour study analysis. I think Micah has one -- one, maybe two months of that under his belt. So, I don't know if he could give estimates of the past couple of months. I know on a high level the very first month it was a 50-50 split between his transportation coordination duties and streetlight duties. To further break down the streetlight duties, though, I don't have that off the top of my head, but we -- our plan was to do that for at least six months for a couple of reasons. One to Meridian City Council Work Session June 13,2023 Page 9 of 20 help analyze staff data and, then, two, to also make sure that we are funding this position out of the right fund source. Strader: Uh-huh. Mr. Mayor? Simison: Council Woman Strader. Strader: I have a few. So, I noticed that in the CFP that that position got moved from 2024 to 2025. So, as part of my review of the budget I have been reviewing all changes to the CFP. But from reading the report it was glaringly obvious to me that there is a need for additional staffing. It doesn't appear like it's up for debate. Maybe it's up for debate whether it should come out of, you know, more -- maybe the position it should come more out of the Enterprise Fund versus General Fund or -- or percentages spent on different activities, but, you know, three times as many lights and a hundred -- a hundred year time frame at the current rate to install new lights, I just want to make a comment, it's not on a question to you, it's just a comment. I think when it comes to the budget time we need to have a serious discussion about that staffing need. I wanted to ask about where do we go with looking into creating a utility for this, because I -- I recall at one point there was an idea -- and I think other cities have done this -- to create a utility to manage our streetlights. What barriers did you come across? Where did that discussion go? McVey: Councilman Strader, that's a good question. So, we will likely continue to evaluate that. There -- originally when this first was evaluated there was some case law in Idaho that was potentially problematic with a streetlight utility. It's a little bit harder to assign a specific value. So, that's -- you know, if you are going to -- if it's going to be utility you have to be able to assign a specific value to an individual person or property. Since, then, there has been some -- some changes in that and so I think it would be worthwhile to work with the Legal Department and the Finance Department to kind of look at that evaluation again and see is -- is that something that is -- is legal, is it -- would it be challenged? Would it be easy to implement? But currently based on our our previous -- the previous work by the Legal Department and Finance Department it was not recommended that we pursue that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just have two more. What other cities do use that approach that you are aware of? McVey: So, I believe right now the city of Caldwell and Coeur d'Alene are the two that have active streetlight utilities. Strader: And this -- this kind of reminds me of using CDBG funding for affordable housing, where it feels like at first blush there is a lot of hurdles, maybe legally, but this Meridian City Council Work Session June 13,2023 Page 10 of 20 is something that would make sense to dig into. So, I would encourage us to do that. And, then, I just had one more question. Something that kind of just jumped out to me out of the report, just as a little random, but like a -- was there a safety concern around 5G equipment being installed in streetlights and -- and can you help me understand that? Because, obviously, for the general population we have heard there is not a 5G safety concern, but for workers there could be. Could you explain that, please? McVey: Yes, Council Woman Strader. So, it has more to do with the -- you know, the electrical -- so, in order to work on our streetlight we would have to disconnect, right, to safely work on the -- the electrical system -- disconnect that system before we went up and worked on our system and so there is some coordination that has to occur and some interagency agreements, right, so that we are not sending our contractor out to just, you know, flip the switch and turn off the 5G. So, not necessarily a -- a safety hazard because of the 5G, but a safety hazard in working on that equipment in that proximity you would need to turn off both sources of -- of power. Strader: Would it -- would it be fair to say that the most efficient way to go about this would be to first convert all of our lights to LEDs and, then, to install the 5G equipment, as opposed to, yeah, having it installed kind of in a haphazard way? McVey: Council Woman Strader, it -- it wouldn't really matter too much, because either LED or HPS we would still have to -- have to turn the power off to -- to work on the light, so not necessarily a -- a benefit there. Strader: Okay. Thank you. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just one additional question. Laurelie, your -- your conversation and comments about light pollution or request from residents, how many of those is your team fielding a year? Is it a few a month, dozen over the course of a year, fairly infrequent? I'm just curious. Simison: Micah, do you want to come and get on the microphone. McVey: He thought he was going to get away without having to -- Bandurraga: So, wintertime we were averaging about eight to ten calls a week for light shielding. Summertime doesn't seem to be that big of an issue. People are usually in bed by the time it's dark and we get less complaints. Out of all of the calls, every -- every test that I have taken on -- at every property line I have only had one that qualified to add -- to add a light shield in at the city's expense. Meridian City Council Work Session June 13,2023 Page 11 of 20 Cavener: Mr. Mayor, just a real quick follow up. Simison: Councilman Cavener. Cavener: Do we get requests from residents to remove or relocate lights or is it mostly just for shielding? Bandurraga: It's mostly for shielding. One of the stipulations for the shielding is if the light was there before the house was there it's not really the city's responsibility to shield it. Cavener: Okay. Fair enough. McVey: So, that is a -- you know, one of the -- the pros and cons you weigh, right, with adding more streetlights in the underserved areas is that those residents are very used to not having those lights in their yards or on their streets. There is definite benefits that come with those that we feel like outweigh and are -- are important. But some of that initial outreach and now there is a new streetlight and it -- it's not something you are -- you are used to is definitely something we hear about when we install some of these lights into new areas. Simison: Any additional questions? All right. Thank you very much. 10. Public Works: 2023 Solid Waste Master Plan Simison: So, with that we will move on to Item 10, which is Public Works 2023 Solid Waste Master Plan. And for the record Council Woman Perreault did join us at roughly 4.35, 1 believe. McVey: Okay. Well, thank you, Council. This is our other master plan that we have also been working on years -- years in the making and it just conveniently happened that I could present them both to you tonight. So, this one is for our solid waste program. So, that is trash and recycling services in the city. This is also the first time this information has been documented and captured in one place. Another huge step forward for the city. It's really hard to improve on a program if you don't have what's happening in place and you don't have clearly established goals and priorities. So, also really proud of this. So, again, a couple of staff introductions. I know that you guys know some of these people. But the group that is responsible for solid waste coordination in the city -- so, Alex Freitag, he is our business division manager. Peter Hall is our business program manager. And Sayard Schultz is our solid waste coordinator. And a lot of credit on this one goes to Sayard, who worked tirelessly over the last couple of years to get this information documented and really no small feat, similar to what Micah did on the streetlight, is a lot of this information existed in a lot of people's heads or a lot of documents and to pull it all together into one place was a really big effort and huge kudos to those -- those staff members. So, this is, as I said, our first formal solid waste master plan. Also really proud that we completed it in house. Meridian City Council Work Session June 13,2023 Page 12 of 20 Again our purpose was to document the current conditions of the program. So, how does trash and recycling work today in Meridian? What's offered? How much does it cost? How many people participate? And, then, identify key program issues. So -- so, what -- what are the problems we see facing these programs over the next several years. And, then, establish program goals of how do we work towards solving some of those issues. So, the key issues that we identified were, number one, preserving landfill capacity and we will talk about each of these. The other one is making sure are we providing comprehensive service options to all residents and all businesses. We have a variety of residents and business types. And, then, as we consider making any changes to these programs we want to make sure our rates stay affordable and competitive, because that is a -- is another concern. So, preserving landfill capacity. So, Meridian takes all of its solid waste to the Ada County Landfill and they have recalculated some of their landfill capacity schedules and it is estimated that the Ada County Landfill in its current configuration will fill up sometime between 2065 and 2070. We don't have really specific data on -- on how that -- how quickly that will fill up, but the cells are definitely filling up quicker than they used to and so siting and finding a new landfill is incredibly expensive and so we really need to start working on evaluating options now as we look out towards that 2070 time frame. So, to -- to site and build a new landfill is about 60 million dollars. Just one stage of the landfill. So, they build landfills in stages and they will fill it up until that one cell gets to capacity and, then, they cover it and they cap it and move to the next stage. Meridian uses on average about 25 to 30 percent of an active stage in the landfill and so how do you extend the life of a landfill? Well, you divert more from it. So, there is different ways that you can do that. If you look at what we divert today -- so our annual average is somewhere between eight and nine percent diversion rate. We have set -- and we will talk more about this -- a diversion goal of getting up to 20 percent by 2028. So, the reason we picked 20 percent is that we have seen in the fall when we do coordinated leaf drop-offs and curbside pickups we can get over that 20 percent diversion rate. So, it is possible. And we can talk a little bit more about different ways that we can get there. So, our second issue is identifying all areas, all different types of residents. We have single family residents. We have people that live in multi-family dwellings. Apartments. We have businesses. And are we providing all of the trash and recycling services that those residents and businesses desire? And are we providing them in a way that's easy, accessible, affordable for all of those different sections of our community. So, that's one of the things we will also look at. So, if you look at where we are at today as far as participation rates -- and I know this slide is a little bit busy, but we have nearly a hundred percent participation rate for our single family housing in our recycling program and you may ask, well, that's really great, you guys are doing a great job there. Well, we can take credit for that, but it's also because it's required when they sign up. You get signed up for both services. So, it may not mean that all of those residents are participating in recycling though. So, that's an area that we would like to evaluate. Our commercial businesses have a lower participation rate around, the -- the 40 to 50 percent and so while recycling is also required, we don't necessarily enforce that requirement, because it's not always easy to retrofit existing business spaces to have both types of containers and some businesses don't necessarily have recyclable material. So, those are some things that we could definitely look into. We have two curbside programs. They cost -- you will see the cost there. Meridian City Council Work Session June 13,2023 Page 13 of 20 We have a glass curbside recycling and we have a grass curbside recycling. Those sit at pretty low participation rates and so one thing that we would like to dig into over the next five years is, you know, why -- why are those participation rates where they are? Is it the cost barrier? Is it -- are we not promoting them enough? Do people know about them? Is the frequency a problem? Is what acceptable materials that you put into it the problem? Because to us it shows, you know, something for these optional add-on programs we don't have a huge participation. So -- so, why is that? It -- you know, it kind of feeds into -- if you look at something like a citywide composting program and you make it -- you know, do you make it a voluntary program? Do you make it a required program? What kind of participation would you get? And what -- what would that cost people to do that either way. So, those are the things that we would like to look at, but -- over the next five years. The underlying piece, though, is any of these changes we really need to make sure that our rates may remain affordable and comparable. Currently they are -- they are spot on with the -- the valley average for rates. So, our five year program goals -- we have set two. One being we want to try to achieve a consistent 20 percent diversion rate by 2028 and we also want to make sure that we are providing access to all services that residents desire and are willing to pay for. You will see in this chart here -- so, this is our waste profile and if you look at where -- where can you achieve more diversion from? You know, we have a pretty equal split between residential trash and commercial trash. So, those are the two sectors that we could really start looking at diversion. So, we put together a five year program plan. It has three areas that will help us work towards these goals. So, the first one is landfill diversion initiative. So, the first thing we would like to do is work on improving our existing program. So, before we add new programs let's figure out why people are or aren't participating in our existing programs and see if we can up some of those through outreach, through cost analysis. We also want to do a full evaluation on citywide composting. So, what would that look like if it was a opt-in program? What would that look like if it was an everybody participates? What would be the cost of those? What are the pros and cons? How much diversion could we achieve if we did something like that? We would also like to look at, you know, improving diversion opportunities for multi-family dwellings. So, currently these -- you know, people can always take things to Republic trans -- Republic Services Transfer Station, but can we make things more accessible or easy? One area where we have seen a large increase in material is the construction and demolition waste. So, is there incentives or ways that we can keep some of that material out of the landfill? One of the things that we are really excited about -- Republic Services is working on a new recycling facility in Las Vegas that will really change, hopefully, the recycling market in the U.S. and allow us to bring back some of the things that are harder to recycle today. So, we are really looking forward to when they get that operational and I think it's really going to be a game changer for the valley as far as what we can recycle and, hopefully, simplify some -- some of the rules around recycling. So, one of the other things is -- is evaluating how we do education and outreach. So, are we using the right methods to -- to get out to people? Do people prefer print? Do people look at what's in their utility bills? Do people look at social media? Are there other ways? Do we need to do radio, you know, ads? There is so many different ways. And are we providing the right information that people want to know about? You know, one of the things we are hoping to develop is a container right Meridian City Council Work Session June 13,2023 Page 14 of 20 sizing. So, a customer could go on and say here is how much -- you know, is your trash can generally half full each week? Well, did you know you can downsize to a smaller container and save money each month? Or if you sign up for a grass cart could you sign up for a smaller trash cart and would that cost offset each other? So, you know, providing different outreach opportunities and different venues, so that we reach as much as the -- of the community as possible. Also I think it's always good to look in at yourself and look at what the city is doing. So, a couple of things we want to do is review and update our ordinances. Those were last looked at in 2010. You know, if we were to bring back big programmatic changes those would have to be updated in there anyways. We also would like to promote diversion opportunities at city events and throughout city departments. And, then, one of the things that's kind of exciting is we are currently evaluating our biosolids drying. So, our biosolids make up about ten percent of the tonnage going to the landfill and this project would help us eliminate that by -- or not eliminate it, but cut that by about half. So, we are currently in evaluation of -- of if that makes sense to put in a biosolids dryer. So, we are really excited, like I mentioned, to have this information documented, to have these goals established to have something to work towards. You know, having these concrete -- the five year goals, we can come back to you and report, you know, when you ask how -- how are things going, we will have actual matrix that we can come back and tell you are we achieving them, what more do we need to do? But mostly just really -- really thrilled to have this documented and complete and I'm happy to stand for any questions. Simison: Thank you, Laurelie. Council, questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Thank you so much to the team for working on this. I really enjoyed reviewing the plan. My main question -- well, first a comment. I agreed with the plan, that there is an opportunity, even before evaluating composting, just expanding the grass clippings and leaves to all kind of yard clippings, branches, et cetera. That just feels like low hanging fruit. It's a huge barrier, even for me. It's like I regularly put all kinds of branches and nasty things like that that really shouldn't go in the trash, they can easily be composted. So, I appreciated that comment. I also really appreciated the outreach and thought around multi-family and helping expand recycling -- obviously, with an eye toward worrying about contamination, because it's been a huge issue. So, I don't know how you guys are going to think through that. But my main question is around composting and just understanding the timing and the milestones in order to do that in the right way. I saw some talk of a survey, some indicated timing, but could you kind of walk us through what are the steps that we would need to go through to evaluate that program and what is the time frame that we think is realistic for evaluating and potentially implementation? McVey: Council Woman Strader, so great question. So, we would like to take the next year or two -- so, it's -- it's twofold. One, we would have to work with Republic Services Meridian City Council Work Session June 13,2023 Page 15 of 20 and Timber Creek Recycling on, you know, essentially establishing those -- those rate structures and establishing are there certain matrix if -- you know, if we have 10,000 people sign up would it cost this much. If we had 40,000 people sign up would it costs this much. And, then, also look at the -- what would it cost if we just spread that across everybody and it was an everybody participates. And so we hope to have that analysis done over the next year. And, then, you know, if the city chose to move forward with some sort of program it would -- you know, we would need probably at least another year to develop outreach work with our vendors on carts, because you would have to have different types of carts and make sure that they have the infrastructure in place to -- the trucks and the staff to accommodate that. So, it's probably realistically a couple of year process to get there. But I do think, to your point, we have some things we can do in the interim to make our -- maybe our current program more robust and more accessible. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a quick comment. I mean it seems obvious, but besides, you know, there is a little binary of opt in versus everyone participates. There is also making it the default; right? That's always an option where when you move here the default setting is you get, you know, a composting cart for your organic materials, you get your recycling and get your trash and, then, people can opt out of that. So, there is a third way. So, I -- I just think it's good for us to keep that in mind as well. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I love the 20 percent goal. That's awesome and I'm excited to see that. I -- I hope that's a message that we can get out really regularly in a variety of media. So, I wanted to ask a question specifically about the recycling participation that was on the slide. It seemed like the participation rate was really high. What -- what constitutes participation? Is that there is something in the recycling bin when they pick it up? Is it like there -- there is participation and there is really the quality participation? Like half of those could really be -- you know, be mixed and, then, I assume they just toss all of it when they -- because they are not going to spend that time to separate it. So, can you -- McVey: Council Woman Perreault, good question. So, twofold to that. So, there is -- so, that participation rate is simply the number of households that have a recycling cart. So, it doesn't necessarily truly represent 90, you know, eight percent participation. So, two ways that, you know, we can kind of measure that is -- so, the -- it's called the set out rate. So, how -- and Republic Services tracks that. So, how frequently do all the carts get set out and I believe there is somewhere close to 70 percent on that. So, that shows you that, you know, probably out of that 95 percent at least 70 percent are Meridian City Council Work Session June 13,2023 Page 16 of 20 regularly participating. As far as the -- the contamination issue of should they -- did they put the right things in there. We do have a relatively low contamination rate -- or at least it's, you know, on par with -- with industry average, so -- because that's another really important piece of messaging, because that can make you throw out the whole cart and -- and takes time and resources to -- to pull and separate that back out. So, another important education piece. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: Seventy percent to me is very successful, if we are having that many set out. So, I'm happy to hear that. I think the city has done it -- and Republic Services has done a really great job of making it clear what goes in that cart. It -- when I first moved out here it was not clear at all and, then, you know, there has been a long effort in that. So, my next question is as we -- we see residential structures getting smaller, garages getting smaller, alley loads, things like that, people have less space to have carts in their home. So, how do we address some of those logistical issues? McVey: So, Council Woman Perreault, that's -- that's a good question and it's one of the constraints that we -- we face, right, with new development as it comes in is making sure there is enough space for those carts. You know, hopefully, some of that is -- is getting the right -- the container right sizing. So, we could do that program for both businesses and residents of, you know, let's make sure you have the cart that's the smallest possible; right? So, it's easier to store. It's -- you are not paying for more than you need and it -- it can be cumbersome, right, having the multiple carts and places to put them. So, it's definitely something that we -- we consider. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Laurelie, good presentation. Appreciate the work you guys have done on this as well. The recycling center in Vegas, is this going to be primarily in -- in plastics and helping get -- be able to use more plastics that can be thrown into the recycling stream, as opposed to being strictly thrown away? McVey: So, Councilman Hoaglun, I'm actually going to bring -- if -- if Republic Services doesn't mind, because I don't want to misspeak to their facility. I knew there was a reason they came also. Bennett: So, Bob Bennett, Republic Services. 11101 West Executive Drive. So, Councilman Hoaglun, yes, plastics. So, the concept is today we are challenged in the types of plastics that we can take and so what we are building is a center that we are going to ship our plastics to. They can take all members. We are actually going to clean them, ship them, put them in bollard bags and sell directly to manufacturers, Meridian City Council Work Session June 13,2023 Page 17 of 20 cutting out brokers, some of these extra facilities and the financials of it, what I have seen, will be very positive for not just the city, but kind of the greater environment and being able to accept more plastics and that will pull a lot of this waste out of the waste stream. Hoaglun: Mr. Mayor? But, Bob, real quick question. When do you anticipate that coming online? Bennett: So, it's online now. It's about when they can start accepting more plastics from us. They are, obviously, starting in Vegas, but we are already working with Western on how we start putting stuff on rail and bailing it and railing it down there. We are working on that -- those matrix as we speak. Hoaglun: Thank you. Appreciate it. Cavener: Well, I think Councilman Cavener can speak to some of the cheap air fares in case we are going to do it that way, too. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And just one more question. You know, I -- what I appreciate -- first a comment. What I appreciate about our rate structure is that we are rewarding people for generating less waste and I really think that is the direction we need to go ultimately. Just maybe planting a seed around -- if there has been a thought -- you know, it's pretty rare, but there is a trend, a small trend, for people adopting more of a zero waste lifestyle. I think we are seeing it with younger folks. It is not realistic for the vast majority of families, but there are people that are trying to generate less waste and particularly seniors I think are able to do that as well pretty effectively and different groups of people. Has there been a thought around having like an ultra low waste option or, you know, in addition to having the smaller car, maybe like a less frequent pickup option for people? That was just kind of a -- a thought I had. McVey: So, Council Woman Strader, I -- I don't believe that we have that currently, but I think that's a great thing we could include in our rate structure. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: A follow-up again for comment, Laurelie, I -- I think, one, your trash to treasure program is -- is a great one. I -- I like -- I think you are doing that -- that reduction and reuse is a great idea. Mixed yard waste, been mentioned already. You know, because our -- our yard -- we are in the same situation where we -- we compost our grass. We put it back into the lawn. It's full of nitrogen. It works well. But, then, Meridian City Council Work Session June 13,2023 Page 18 of 20 there is the rest of the waste that comes -- tree limbs and whatnot. So, having that ability to put that out is I think huge. I think the potential -- I think Council Woman Strader mentioned that, that there is -- there is a big opportunity there just to -- to go to that expanded yard waste, as opposed to just grass clipping. So, keep pursuing that one. Simison: Council, any additional questions? Okay. All right. Thank you very much. ORDINANCES 11. Ordinance No. 23-2021: An ordinance (Prairiefire Subdivision — H- 2022-0053) annexing the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 3.16 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date Simison: With that we will move on to Item 11 under Ordinances. Ask the Clerk to read Ordinance No. 23-2021 by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Prairiefire Subdivision, H- 2022-0053, annexing the southeast quarter of the southeast quarter of Section 31 , Township 4 North, Range 1 East, Boise Meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 3.16 acres of such real property from RUT to R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read its entirety? Seeing none, Clerk will call the roll. Johnson: Mr. Mayor, I think we need a motion. Simison: Oh, I'm sorry. I apologize. Council Woman Perreault. Meridian City Council Work Session June 13,2023 Page 19 of 20 Perreault: I thought we had changed it again. I move that we approve Ordinance No. 23-2021. Overton: Second. Simison: I have a motion and a second to approve Item No. 11. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION 12. Per Idaho Code 74-206 (c): To acquire an interest in real property not owned by a public agency and 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: Next item is Item 12. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(c) and 74- 206-(a). Borton: Second. Simison: (a)(1)? Hoaglun: (1)(a), yes. (a) -- 74-206(a)(1)(a). Thank you. Simison: Second -- second agree? Borton: I think so. Simison: Okay. Have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Meridian City Council Work Session June 13,2023 Page 20 of 20 Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:29 p.m. to 6:47 p.m.) (Motion to come out of Executive session: Hoaglun. Seconded: Perreault.) (Motion to adjourn: Hoaglun.) MEETING ADJOURNED AT 6:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 6-20-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Agreement Between the Streamliner Aquatic Recreation Inc. and the City of Meridian for Use of Meridian Community Swimming Pool by Streamliners Swim Team AGREEMENT WITH STREAMLINERS SWIM TEAM FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL This AGREEMENT WITH STREAMLINERS SWIM TEAM FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL ("Agreement") is made this 5 day of June , 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Streamliner Aquatic Recreation Inc., a non-profit corporation organized under the laws of the State of Idaho ("Team") (collectively, "Parties"). WHEREAS, City operates the Meridian Community Swimming Pool and related facilities, located at 213 E. Franklin Road, in Meridian, Idaho (the "Pool"), for the benefit of its patrons and for the purpose of encouraging its patrons to learn to swim both recreationally and competitively; WHEREAS, Team offers and operates a swim team; and WHEREAS,the Parties desire to enter into an agreement whereby Team can use the Pool for its swim team's practice and to host swim meets; NOW, THEREFORE, for and in consideration of the covenants and agreements herein contained and for other good and valuable consideration, including the above recitals, it is hereby agreed by and between the Parties as follows: L TERM. The term of this Agreement shall be June 5, 2023 through July 28th, 2023. IL RIGHTS AND RESPONSIBILITIES OF CITY. During the term of this Agreement, City shall have the following responsibilities and obligations. A. Use of Pool. During the term of this Agreement, City shall provide Team use of the Pool from 5:30 a.m. to 7:00 a.m., on Mondays, Wednesdays, and Fridays, subject to City's right to staff the Pool office and conduct business, including business with the public other than use of the swimming pool (e.g., swimming lesson registrations). B. Operation of Pool. City shall be responsible for operation and maintenance of the Pool and its related systems. Team acknowledges that City's obligation to maintain the Pool may result in periods where Team's use of the Pool may be prohibited or restricted. C. Equipment storage. City shall provide an area for storage of Team's equipment. IILRIGHTS AND RESPONSIBILITIES OF TEAM. During the term of this Agreement, Team shall have the following responsibilities and obligations. A. Safety and regulations. All use of the Pool by Team shall comply in all respects with this Agreement, with City's rules and regulations for use of Pool, and with City's safety and operating procedures at the Pool. At all times, Team shall follow all directions of the AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE I Pool Manager, pursuant to guidelines established by City. This provision shall apply to Team and each and all of Team's employees, volunteers, guests, invitees, and agents at all Team practices, meets, meetings, and social gatherings occurring at Pool. B. Swim practices. Team shall be entitled to the use of the Pool only for scheduled swim practices and swim meets, as scheduled with the Pool Manager, during the term of and subject to the provisions of this Agreement. Any other use of the Pool by Team shall require payment of City's standard rental fee for the use of the Pool. C. Lifeguards.At least one (1) certified lifeguard shall be present for all Team swim practices, to be provided by Team, at Team's sole expense. D. Payment and documentation. Prior to allowing any swimmer to enter the water at the Pool, Team shall provide the following payment and documents to City: 1. Payment in the amount of forty-five dollars and eighty-five cents ($45.85)per swimmer on Team. 2. One liability release form, attached hereto as Exhibit A, signed by each prospective swimmer, including their parent or legal guardian if the swimmer is under the age of eighteen (18), and a liability release form for any Team member, coach, or other person who may or does enter the water during any Team swim practice session. 3. Proof of membership and certification of all of Team's coaches who are USA Swimming members, and have successfully completed the current year's Safety Training for Swim Coaches' training program, including Head-first Entries and Racing Start Safety. 4. A list of all swimmers who are certified to perform a shallow racing start in four feet (4') of water, pursuant to USA Swimming rules. If this list changes during the term of this Agreement, Team shall promptly provide City with an updated list. Team shall prohibit any swimmer from diving or making any racing start, whether from blocks or from the side of the pool, whether at practice or at a swim meet, in any area where the depth of the pool is four foot(4') less, unless such swimmer has current racing start certification under USA Swimming rules. Team shall ensure that all swimmers understand that starting or diving in the four-foot(4') section is only allowed at Pool at Team practice or swim meets. 5. Proof of insurance demonstrating coverage pursuant to the following provisions: a. Team shall purchase and maintain in force throughout the term of this Agreement a policy of general liability insurance covering the activities of Team pursuant or in the course of activities related to this Agreement, having a combined single limit of not less than one million dollars ($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000)per accident or occurrence. AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE 2 b. Team shall purchase and maintain in force throughout the term of this Agreement workers' compensation insurance on any and all persons in Team's employ, in the minimum amount(s) as required by Idaho law. c. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Team name City as an additional insured. Team shall deliver proof of such insurance within fourteen (14) days of execution of this Agreement. Failure of Team to renew or replace such insurance at least thirty(30) days prior to the expiration date of any policy required by this Agreement shall constitute a material default under the terms of this Agreement. E. Compliance with policy terms. Team shall not do or permit to be done any act or thing at the Pool which would(a)jeopardize or be in conflict with insurance policies required by this Agreement; (b) increase the rate of any insurance applicable to the Pool to an amount higher than it otherwise would be for the typical use of the Pool; or (c) subject City to any liability or responsibility for injury to any person or persons or to property by reason of any activity undertaken during Team's use of the Pool. F. Coaches CPR-certified. All of Team's coaches shall be certified in cardiopulmonary resuscitation ("CPR"). Team shall allow absolutely no swimming in the Pool unless a CPR-certified swim coach, provided by Team, is present at all times. G. Equipment storage. Team shall be responsible for providing, storing, securing, maintaining, and repairing Team's equipment. Team shall store equipment at the Pool only in the area designated for same by City, and only during the term of this Agreement, with the exception of the Team's lane line reel, which may be stored at Pool year-round, at the direction and election of City's Pool Manager. Team acknowledges that storing equipment at Pool carries risks, some of which may be unknown, and agrees to assume all known and unknown risks of such activity. H. No office use. Team shall ensure that no one, other than authorized employees of City, enters the Pool office unless expressly permitted by City's Pool Manager. L Indemnification. Team specifically indemnifies City and holds City harmless from any loss, liability, claim,judgment, or action for damages or injury to Team, to Team's personal property or equipment, and to Team's employees, volunteers, agents, guests, invitees, or members arising out of or resulting from the condition of the Pool or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Team further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Pool by Team or by Team's employees, volunteers, agents, guests, invitees, or members and not caused by or arising out of the tortious conduct of City or its employees. Team's indemnification of AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE 3 City as set forth in this provision shall specifically include all claims, actions,judgments for damages, injury to persons and/or property, damages, losses and expenses, including City's reasonable attorney fees arising out of, or as a result of, any swimmer's dive or racing start, regardless of the actions of City. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Team, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. J. Exterior displays. Team shall not install, display, or use permanent or temporary exterior lighting, amplifiers, speakers, signs, flags, or other devices or medium which may be heard or seen outside the Pool, unless first specifically approved, in writing, by the Pool Manager. Such approval shall include a time limit, and may be revoked at any time, at Pool Manager's sole election. IV.GENERAL TERMS. A. Default or breach; cure; termination. If Team is in breach or default of any of the terms, covenants or conditions of this Agreement and Team fails or refuses to cure such breach or default within ten (10) days of City's written notice thereof, this Agreement, and all rights of Team in and to Pool, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Team's failure or refusal to cure, City may bar Team's access to the Pool, without prejudice to any and all other rights and remedies City may have. In the event of a termination by City, with or without cause, any fees due to City by Team under the terms of this Agreement through the time of termination shall remain payable by Team to City. The rights, privileges, elections and remedies of City set forth in this Agreement or allowed by law or equity are cumulative, and the enforcement by City of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. B. Force Majeure. In the event of damage to the Pool or unsafe conditions due to a Force Majeure, this Agreement shall be terminated upon mailing of notice by City. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism, accident, governmental act, threat to human health or safety, or other like events that are beyond the reasonable anticipation or control of the Parties. C. Notices. Day-to-day, informal communication with the Pool Manager shall occur by email or phone. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Team: If to City: Streamliner Aquatic Recreation Inc. City Clerk, City of Meridian Attn: Jason W. Berrett 33 East Broadway Avenue 1943 E. Overland Road, Suite 110 Meridian, Idaho 83642 Meridian ID 83642 AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE 4 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. D. No assignment. Team shall not, without first obtaining City's consent: (a) subcontract, sell, sublet, assign, mortgage, or transfer this Agreement or any interest herein; (b) allow the use or occupancy of the Pool by anyone other than Team. No assignment shall relieve Team of any liability under this Agreement, unless City consents in writing to accept such assignment as a whole or partial novation. E. Public venue. Team acknowledges that the Pool is a public place. To this end, all Team activities at Pool shall be appropriate for all ages, values, and sensibilities. Hosted activities, staff attire, decorations, signage, and entertainment shall not include language and/or behavior that is profane, obscene, violent, or discriminatory; shall not promote, foster, or perpetuate discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; shall not include defamatory or personal attacks, threats to any person or organization, or content that promotes, fosters, perpetuates, or incites conduct in violation of any federal, state or local law; content that violates a known legal ownership interest, such as a copyright, of any party; or any content that contains or perpetuates a message that Landlord deems to be inappropriate or not in the best interest of the City of Meridian. F. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the course of Team's use, occupancy, or enjoyment of the Pool. G. Attorney fees. In the event of any litigation between the Parties concerning this Agreement, the unsuccessful party in such litigation shall fully reimburse the prevailing party for all reasonable costs and expenses, including reasonable attorney's fees, incurred in such litigation. H. Applicable law; nonappropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Team acknowledges that City is a governmental entity, and the validity of this agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L Compliance with laws. Throughout the course of this Agreement, Team and each and all of Team's employees, volunteers, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE 5 J. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 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. 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. No verbal or written inducements to execute this Agreement have been made to Team. In entering into this Agreement, Team relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by further agreement in writing duly executed by the Parties. M. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and upon execution shall be a valid and binding obligation upon the Parties. N. City Council approval required. The validity of this Lease shall be expressly conditioned upon City Council action approving same. IN WITNESS WHEREOF,the Parties have executed this Agreement on the Effective Date first above written. TEAM: Streamliner Aquatic Recreation Inc. '�� L- - By: Hon Shao Its Head Coach CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 6-13-2023 Chris Johnson, City Clerk 6-13-2023 AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE 6 EXHIBIT A LIABILITY RELEASE FORM AGREEMENT WITH STREAMLINERS FOR USE OF SWIMMING POOL PAGE 7 (:�VIEN DIAN-- Meridian Parks and Recreation Department LIABILITY RELEASE FORM In consideration of my/my child's use of the Meridian Community Swimming Pool and related facilities,located at 213 E.Franklin Road,in Meridian,Idaho (the"Pool"),I acknowledge and understand that each and all of the following terms and conditions will apply to such use: My/my child's use of and participation in activities conducted at the Pool is conditioned at all times INIU`L upon my/my child following all applicable rules,regulations,laws,and City of Meridian policies. I acknowledge that my/my child's use of the Pool carries risks, some of which are unknown,and INITIAL with that knowledge do assume all known and unknown risks and hazards of such use. I acknowledge that the Pool is provided for this use on an as-is basis. Prior to participating in or INIU`L allowing my child to participate in any class,practice session,clinic,meet,competition,or any other activity at the Pool,I will inspect the Pool facilities and equipment,and if anything is deemed unsafe or beyond my/my child's capability,I/my child will not participate in such activities or otherwise use the Pool. I assume sole responsibility for any and all injuries or damage caused by,incurred by,or related to INIU`L my/my child's use of the Pool that is not attributable to the tortious conduct of the City of Meridian or its employees. I release from liability,and indemnify and hold harmless the City of Meridian and its employees, INITIAL agents,and officers, for any injury,death,property loss,theft,or property damage in connection with,at,or in any way arising out of,my/my child's use of the Pool that is not attributable to the tortious conduct of the City of Meridian or its employees. I acknowledge that activities undertaken at the Pool will include physical activity,contact with INIU`L others, slippery surfaces,diving in shallow water,noise,and other hazards, some of which are unknown,and that I bear sole responsibility for verifying that such activities are appropriate for my/my child's physical and mental condition. I understand that the City of Meridian provides and will provide no insurance or benefit coverage of INIU`L any kind for injury,death,property loss,theft,or property damage resulting from or related to my/my child's use of the Pool. I have had time to read and understand all of the above conditions and terms. My signature below INIU`L signifies that I consent to these terms on behalf of myself/my child and wish to use the Pool pursuant to these terms and conditions. I understand that by signing this agreement,I cannot later bring a claim against the City of Meridian or its employees. Signature: Print name: Date: Phone: E-mail: Check one: ❑ Pool user is 18 or older 0 Pool user is under 18;parent/guardian is signing. Pool user name: E IDIAN --- AGENDA ITEM ITEM TOPIC: Agreement Between the Meridian Killer Whales Swim Team, Inc. and the City of Meridian for use of Meridian Community Swimming Pool by Killer Whales Swim Team AGREEMENT WITH KILLER WHALES SWIM TEAM FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL This AGREEMENT WITH KILLER WHALES SWIM TEAM FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL ("Agreement") is made this 17 day of May , 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Meridian Killer Whales Swim Team, Inc., a non-profit corporation organized under the laws of the State of Idaho ("Team") (collectively, "Parties"). WHEREAS, City operates the Meridian Community Swimming Pool and related facilities, located at 213 E. Franklin Road,in Meridian, Idaho (the "Pool"), for the benefit of its patrons and for the purpose of encouraging its patrons to learn to swim both recreationally and competitively; WHEREAS, Team offers and operates a swim team; and WHEREAS,the Parties desire to enter into an agreement whereby Team can use the Pool for its swim team's practice and to host swim meets; NOW, THEREFORE, for and in consideration of the covenants and agreements herein contained and for other good and valuable consideration, including the above recitals, it is hereby agreed by and between the Parties as follows: L TERM. The term of this Agreement shall be June 5, 2023 through July 21, 2023. IL RIGHTS AND RESPONSIBILITIES OF CITY.During the term of this Agreement, City shall have the following responsibilities and obligations. A. Use of Pool. City shall provide Team use of the Pool from 7:00 a.m. to 9:00 a.m., Monday through Friday, subject to City's right to staff the Pool office and conduct business, including business with the public other than use of the swimming pool (e.g., swimming lesson registrations). B. Lifeguards. City shall provide two (2) certified lifeguards for all Team swim practices and swim meets, at Team's sole expense, as set forth below. C. Operation of Pool. City shall be responsible for operation and maintenance of the Pool and its related systems. Team acknowledges that City's obligation to maintain the Pool may result in periods where Team's use of the Pool may be prohibited or restricted. D. Equipment storage. City shall provide an area for storage of Team's equipment. IIL RIGHTS AND RESPONSIBILITIES OF TEAM. During the term of this Agreement, Team shall have the following responsibilities and obligations. A. Safety and regulations. All use of the Pool by Team shall comply in all respects with this Agreement, with City's rules and regulations for use of Pool, and with City's safety and operating procedures at the Pool. At all times, Team shall follow all directions of the AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE I Pool Manager, pursuant to guidelines established by City. This provision shall apply to Team and each and all of Team's employees, volunteers, guests, invitees, and agents at all Team practices, meets,meetings, and social gatherings occurring at Pool. B. Swim practices. Team shall be entitled to the use of the Pool only for scheduled swim practices and swim meets, as scheduled with the Pool Manager, during the term of and subject to the provisions of this Agreement. Any other use of the Pool by Team shall require payment of City's standard rental fee for the use of the Pool. C. Documentation. Prior to allowing any swimmer to enter the water at the Pool, Team shall provide the following documents to City: 1. One liability release form, attached hereto as Exhibit A, signed by each prospective swimmer, including their parent or legal guardian if the swimmer is under the age of eighteen(18), and a liability release form for any Team member, coach, or other person who may or does enter the water during any Team swim practice session. 2. Proof of membership and certification of all of Team's coaches who are USA Swimming members, and have successfully completed the current year's Safety Training for Swim Coaches' training program, including Head-first Entries and Racing Start Safety. 3. A list of all swimmers who are certified to perform a shallow racing start in four feet (4') of water, pursuant to USA Swimming rules. If this list changes during the term of this Agreement, Team shall promptly provide City with an updated list. Team shall prohibit any swimmer from diving or making any racing start, whether from blocks or from the side of the pool, whether at practice or at a swim meet, in any area where the depth of the pool is four foot (4')less, unless such swimmer has current racing start certification under USA Swimming rules. Team shall ensure that all swimmers understand that starting or diving in the four-foot (4') section is only allowed at Pool at Team practice or swim meets. 4. Proof of insurance demonstrating coverage pursuant to the following provisions: a. Team shall purchase and maintain in force throughout the term of this Agreement a policy of general liability insurance covering the activities of Team pursuant or in the course of activities related to this Agreement, having a combined single limit of not less than one million dollars ($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000)per accident or occurrence. b. Team shall purchase and maintain in force throughout the term of this Agreement workers' compensation insurance on any and all persons in Team's employ, in the minimum amount(s) as required by Idaho law. c. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Team name City as an additional insured. Team shall deliver proof of such AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE 2 insurance within fourteen (14) days of execution of this Agreement. Failure of Team to renew or replace such insurance at least thirty(30) days prior to the expiration date of any policy required by this Agreement shall constitute a material default under the terms of this Agreement. D. Compliance with policy terms. Team shall not do or permit to be done any act or thing at the Pool which would(a)jeopardize or be in conflict with insurance policies required by this Agreement; (b)increase the rate of any insurance applicable to the Pool to an amount higher than it otherwise would be for the typical use of the Pool; or (c) subject City to any liability or responsibility for injury to any person or persons or to property by reason of any activity undertaken during Team's use of the Pool. E. Coaches CPR-certified. All of Team's coaches shall be certified in cardiopulmonary resuscitation ("CPR"). Team shall allow absolutely no swimming in the Pool unless a CPR-certified swim coach, provided by Team, is present at all times. F. Payment for lifeguards. Within thirty(30) days of City's invoice, Team shall pay City for lifeguards in the amount of each lifeguard's fully loaded hourly rate, to include each lifeguard's hourly gross wages plus the cost of City payroll benefits and taxes. City shall provide Team with a list of the lifeguards' fully loaded hourly rates. G. Equipment storage. Team shall be responsible for providing, storing, securing, maintaining, and repairing Team's equipment. Team shall store equipment at the Pool only in the area designated for same by City, and only during the term of this Agreement, with the exception of the Team's lane line reel, which may be stored at Pool year-round, at the direction and election of City's Pool Manager. Team acknowledges that storing equipment at Pool carries risks, some of which may be unknown, and agrees to assume all known and unknown risks of such activity. H. No office use. Team shall ensure that no one, other than authorized employees of City, enters the Pool office unless expressly permitted by City's Pool Manager. L Swim meets. Team may host up to three (3) swim meets at the Pool, on dates and at times as previously approved by City's pool manager. All swim meets shall be subject to the following conditions: 1. Team shall pay City a set fee of one thousand two hundred dollars ($1,200.00)per swim meet. Payments to City for Pool rental shall be made by Team within seven(7) days of scheduling the swim meet. 2. Team shall collect from all swim teams participating in any swim meet at the Pool proof of insurance in the amount set forth in section IILC.4, above, and shall provide such proof to the Pool Manager prior to the meet. Further, Team shall communicate to all teams participating in any swim meet at the Pool that any no swimmer may dive or making any racing start, whether from the starting blocks or from the side of the pool, in any area where the depth of the pool is four foot (4') or less, unless such swimmer has current racing start certification under USA Swimming rules. Team shall ensure that any individuals at swim meets, including, but not limited to, swim meet participants, spectators,judges, and coaches follow all safety and operating procedures at the Pool. AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE 3 3. Only Pool staff, coaches, swimmers who are participating in the meet,judges, and timers shall be allowed on deck and/or in the locker rooms, from the beginning of the meet to the end of the meet. All spectators, including non-competing Team members, shall remain on the exterior of the fence throughout the meet. J. Indemnification. Team specifically indemnifies City and holds City harmless from any loss, liability, claim,judgment, or action for damages or injury to Team, to Team's personal property or equipment, and to Team's employees, volunteers, agents, guests, invitees, or members arising out of or resulting from the condition of the Pool or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Team further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Pool by Team or by Team's employees, volunteers, agents, guests, invitees, or members and not caused by or arising out of the tortious conduct of City or its employees. Team's indemnification of City as set forth in this provision shall specifically include all claims, actions,judgments for damages, injury to persons and/or property, damages, losses and expenses, including City's reasonable attorney fees arising out of, or as a result of, any swimmer's dive or racing start, regardless of the actions of City. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Team, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. K. Exterior displays. Team shall not install, display, or use permanent or temporary exterior lighting, amplifiers, speakers, signs, flags, or other devices or medium which may be heard or seen outside the Pool, unless first specifically approved, in writing, by the Pool Manager. Such approval shall include a time limit, and may be revoked at any time, at Pool Manager's sole election. IV.GENERAL TERMS. A. Default or breach; cure; termination. If Team is in breach or default of any of the terms, covenants or conditions of this Agreement and Team fails or refuses to cure such breach or default within ten(10) days of City's written notice thereof, this Agreement, and all rights of Team in and to Pool, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Team's failure or refusal to cure, City may bar Team's access to the Pool, without prejudice to any and all other rights and remedies City may have. In the event of a termination by City, with or without cause, any fees due to City by Team under the terms of this Agreement through the time of termination shall remain payable by Team to City. The rights, privileges, elections and remedies of City set forth in this Agreement or allowed by law or equity are cumulative, and the enforcement by City of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. B. Force Majeure. In the event of damage to the Pool or unsafe conditions due to a Force Majeure, this Agreement shall be terminated upon mailing of notice by City. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE 4 caused by or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism, accident, governmental act,threat to human health or safety, or other like events that are beyond the reasonable anticipation or control of the Parties. C. Notices. Day-to-day, informal communication with the Pool Manager shall occur by email or phone. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Team: If to City: Meridian Killer Whales Swim Team, Inc. City Clerk, City of Meridian Attn: Lynlee S. Richards 33 East Broadway Avenue 4025 N. Cecina Place Meridian, Idaho 83642 Meridian ID 83646 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. D. No assignment. Team shall not, without first obtaining City's consent: (a) subcontract, sell, sublet, assign, mortgage, or transfer this Agreement or any interest herein; (b) allow the use or occupancy of the Pool by anyone other than Team. No assignment shall relieve Team of any liability under this Agreement, unless City consents in writing to accept such assignment as a whole or partial novation. E. Public venue. Team acknowledges that the Pool is a public place. To this end, all Team activities at Pool shall be appropriate for all ages, values, and sensibilities. Hosted activities, staff attire, decorations, signage, and entertainment shall not include language and/or behavior that is profane, obscene,violent, or discriminatory; shall not promote, foster, or perpetuate discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; shall not include defamatory or personal attacks, threats to any person or organization, or content that promotes, fosters, perpetuates, or incites conduct in violation of any federal, state or local law; content that violates a known legal ownership interest, such as a copyright, of any party; or any content that contains or perpetuates a message that Landlord deems to be inappropriate or not in the best interest of the City of Meridian. F. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the course of Team's use, occupancy, or enjoyment of the Pool. G. Attorney fees. In the event of any litigation between the Parties concerning this Agreement, the unsuccessful party in such litigation shall fully reimburse the prevailing party for all reasonable costs and expenses, including reasonable attorney's fees, incurred in such litigation. H. Applicable law; nonappropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Team acknowledges that City is a governmental entity, and the validity of this agreement is based upon the availability of public funding under the authority of its statutory mandate. AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE 5 Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L Compliance with laws. Throughout the course of this Agreement, Team and each and all of Team's employees, volunteers, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. J. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 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. 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. No verbal or written inducements to execute this Agreement have been made to Team. In entering into this Agreement, Team relies upon no statement, fact,promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by further agreement in writing duly executed by the Parties. M. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and upon execution shall be a valid and binding obligation upon the Parties. N. City Council approval required. The validity of this Lease shall be expressly conditioned upon City Council action approving same. IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date first above written. TEAM: Meridian Killer Whales Swim Team, Inc. By: Celeste Blackburn Its MKW Board President CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 6-13-2023 Chris Johnson, City Clerk 6-13-2023 AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE 6 EXHIBIT A LIABILITY RELEASE FORM AGREEMENT WITH KILLER WHALES FOR USE OF SWIMMING POOL PAGE 7 CNM- IEN , �AHO Meridian Parks and Recreation Department LIABILITY RELEASE FORM In consideration of my/my child's use of the Meridian Community Swimming Pool and related facilities,located at 213 E.Franklin Road,in Meridian,Idaho(the"Pool"),I acknowledge and understand that each and all of the following terms and conditions will apply to such use: My/my child's use of and participation in activities conducted at the Pool is conditioned at all times INITIAL upon my/my child following all applicable rules,regulations,laws,and City of Meridian policies. I acknowledge that my/my child's use of the Pool carries risks, some of which are unknown,and INITIAL with that knowledge do assume all known and unknown risks and hazards of such use. I acknowledge that the Pool is provided for this use on an as-is basis. Prior to participating in or wiTiAL allowing my child to participate in any class,practice session,clinic,meet,competition,or any other activity at the Pool, I will inspect the Pool facilities and equipment,and if anything is deemed unsafe or beyond my/my child's capability,I/my child will not participate in such activities or otherwise use the Pool. I assume sole responsibility for any and all injuries or damage caused by,incurred by,or related to INITIAL my/my child's use of the Pool that is not attributable to the tortious conduct of the City of Meridian or its employees. I release from liability,and indemnify and hold harmless the City of Meridian and its employees, INITIAL agents,and officers, for any injury,death,property loss,theft,or property damage in connection with,at,or in any way arising out of,my/my child's use of the Pool that is not attributable to the tortious conduct of the City of Meridian or its employees. I acknowledge that activities undertaken at the Pool will include physical activity,contact with INITIAL others, slippery surfaces,diving in shallow water,noise,and other hazards, some of which are unknown,and that I bear sole responsibility for verifying that such activities are appropriate for my/my child's physical and mental condition. I understand that the City of Meridian provides and will provide no insurance or benefit coverage of INITIAL any kind for injury,death,property loss,theft,or property damage resulting from or related to my/my child's use of the Pool. I have had time to read and understand all of the above conditions and terms. My signature below INITIAL signifies that I consent to these terms on behalf of myself/my child and wish to use the Pool pursuant to these terms and conditions. I understand that by signing this agreement,I cannot later bring a claim against the City of Meridian or its employees. Signature: Print name: Date: Phone: E-mail: Check one: ❑Pool user is 18 or older ❑Pool user is under 18; parent/guardian is signing. Pool user name: E IDIAN --- AGENDA ITEM ITEM TOPIC: Addendum to the Master Pathway Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian DATE: 13 July 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 6 July 2023 Addendum to Master Pathway Agreement 16 pages City of Meridian Master Pathway Agreement Instrument#2023-039167 License Agreement 11 pages Ada County Highway District Five Mile Drain Instrument#2023-039168 Addendum to Master Agreement for 3 pages Crossing & Encroachment Master Agreement for Crossing & Encroachment Instrument#2023-039169 License Agreement 10 pages The City of Nampa Fisher Lateral ADA COUNTY RECORDER Trent Tripple 2023.039167 BOISE IDAHO Pgs=16 NIKOLA OLSON 07/10/2023 09:31 AM NAMPA MERIDIAN IRRIG DIST NO FEE IIIIIIIIIIIII IIIIIIIIIIIII I IIIII IIIIIIIII IIIII III 01268411202300391670160161 ADDENDUM TO MASTER PATHWAY AGREEMENT ADDENDUM TO MASTER PATHWAY AGREEMENT, made and entered into this (0 day of \ ,2023,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho(District),and the CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (referred to as the "City"), is made with reference to the following facts: The District and the City entered into a Master Pathway Agreement dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho (hereinafter referred to as the "Master Pathway Agreement"). The purpose of the Master Pathway Agreement is to provide a process of negotiating and approving separate agreements for future pathways on, over or across the District's facilities and encroachments upon the District's easements by the City,provide for consultation as to future pathway requests and to confirm the understanding between the parties with respect to the District's requirements for pathways. Paragraph 3 of the Master Pathway Agreement provides that the City shall enter into an agreement authorizing pathways and paragraph 3(e)provides that: "Approval may only be granted by the District's board of directors through a resolution during one of its regular meetings." Paragraphs 3(g) and 3(i) of said Master Pathway Agreement also provides that each agreement is to be submitted to and/or approved by the District's board of directors. The District has subsequently passed a Resolution in which its Board of Directors has authorized the District's Water Superintendent to execute agreements on behalf of the Board of Directors and on behalf of the District. Accordingly, the District and City now desire to modify and amend said Master Pathway Agreement to permit and clarify that future Agreements between the District and City under said Master Pathway Agreement may also be submitted to the District's Water Superintendent for review, approval and signature. Execution of this addendum in accordance with these facts will affect or change the terms of said Master Pathway Agreement. NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in the Master Pathway Agreement referred to above naming the parties hereto as parties,the parties agree as follows: 1. Paragraph 3 of the Master Pathway Agreement is hereby amended and modified to provide that any future Agreements between the District and City under or pursuant to said Master Pathway Agreement may also be submitted to the District's Water Superintendent for review,approval and signature and it not required that the Agreements be approved and signed by the District's Board of Directors. The District and City hereby agree to strike or eliminate any portion of Paragraph 3 which provides that approvals may"only"be granted by the District's board of directors. ADDENDUM TO MASTER PATHWAY AGREEMENT—PAGE 1 2. Said Master Pathway Agreement is hereby affirmed and shall remain in full force and effect except as modified by this Addendum. The District and City acknowledge and agree that each are bound by the covenants,conditions and agreements contained in said Master Pathway Agreement. IN WITNESS WHEREOF,the District and City have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMPA&ME GATION DISTRICT By Its President ATTEST: Its Sec r a y STATE O IDAHO ) ss: County of Canyon ) On this (O day of J ,2023,before me, the undersigned, a Notary Public in and for said State, personally appeared Will Patterson and Michael Comeskey, known to me to be the President and Secretary,respectively,of NAMPA&MERIDIAN IRRIGATION DISTRICT,the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. •••••"""'o•.00 Notary Public for Idaho see,•'��.••G�E see** 11.1 Residing at LX , Idaho % My Commission Expires: _ .07 tee'lyp7'AR y:�' 77 '; •, ,d ••....••• A, .•' .•••• ,OF • ',60••••. ADDENDUM TO MASTER PATHWAY AGREEMENT—PAGE 2 CITY OF MERIDIAN, By ✓ A F T: R bert E. imi n,Mayor 6-13-2023 GO�Q00tEOAfjcGs i is o ins &N Dj �o ANC STAT IDAHO ) 0 SEAL )ss. �ayv County of Ada ) rP0jth0 TREf+SU�� On this 13th day of June , 2023, before me, the undersigned, a notary public in and for said state, personally appeared Robert E. Simison and Chris Johnson , known to me to be the Mayor and City Clerk ,respectively, of CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity 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. rC CHARLENE,WAY Notary Public for mOMMISSION No. 87390 Residing at�r�i c edn + Zip NOTARY PUBLIC My Commission Expires:3 STATE OF IDAHO ADDENDUM TO MASTER PATHWAY AGREEMENT—PAGE 3 nrCORDED - REuUESTOF YD � DU �� T { REDt1RDE' R ��OU o A vrk F0i0 FEE , DEPUT 20000E 26 , ; 1 91 11 100 i 02999 PIA;;IIPA & MERIDIAN IRRIGATION_ �1IWJ MASTER PATHWAY AGREEMENT THIS MASTER PATHWAY AGREEMENT ( "Master Agreement " ), is made and entered into this day of 2000 , by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (hereinafter " District" ) , and THE CITY OF MERIDIAN, apolitical subdivision and municipality of the State of Idaho (hereinafter " City" ) . WITNESSETH : WHEREAS , the District owns or controls numerous irrigation canals, laterals and drains (hereinafter collectively referred to as "ditches") with associated fee title land and ditch easements, most of which are described and recorded in Instrument No . 797771 , recorded January 11 , 1977, in the office of the Ada County Recorder, Instrument No . 8367341 , recorded December 19 , 1983 , in the office of the Ada County Recorder, Instrument No . 989070 , recorded on October 18 , 1983 , in ` the office of the Canyon County Recorder, and Instrument No . 8505634 , recorded March 7 , 1985 , in the office of the Canyon County Recorder, with the exception of those ditches or portions thereof which have been relocated and recorded subsequent to the recording of the aforementioned instruments ; and, WHEREAS , the District utilizes the aforementioned fee title land and ditch easements to access its ditches, to monitor and adjust water flows, to remove sediment and debris, to pipe, line and refurbish ditches, to maintain and repair ditch banks and ditch roads, and to perform other inspection, operation, maintenance and repair activities with the appropriate personnel and equipment ; and, WHEREAS , the City may wish to develop pathways for public use along and across some of the District' s ditches and within some of the District' s easements and fee title lands ; and, WHEREAS , the maintenance of pathways along certain District ditches, may be compatible with the District ' s primary interests and operations ; and, WHEREAS , in order to develop such pathways it will be necessary to obtain the District ' s cooperation and permission; and, MASTER PATHWAY AGREEMENT - Page 1 WHEREAS , the District and the City intend by entering this Master Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities . to enhance the City' s pathway planning through early consultation between the City and the District , to establish a process for the City' s submission of pathway requests and the District ' s consideration of such requests; and to provide the general conditions for the District ' s approval and authorization of pathway requests affecting the District ' s ditches, property, operations, and maintenance, AGREEMENT NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the parties mutually agree as follows : 1 . General. The City agrees to consult with the District in the City' s pathway planning, to submit pathway requests to the District, and to obtain the District' s approval of such requests pursuant to the terms and conditions hereinafter provided. The District agrees to consult with the City in the City' s pathway planning, to review the City' s pathway requests, and to approve those which do not interfere with the District' s use and management of the District ' s property, business and affairs , the District ' s delivery or drainage of water, or the District ' s access, use, operation, maintenance and repair of its ditches and irrigation works, and which do not create unacceptable risks to public safety, pursuant to the terms and conditions hereinafter provided. The District ' s approval shall not be unreasonably withheld. Nothing in this Master Agreement shall be construed, implemented or enforced to diminish or impair the District ' s authority, powers, or discretion in meeting its legal and fiduciary responsibilities in the management and protection of its irrigation system, ditches, property, assets or business and affairs . The parties agree to implement the provisions of this agreement in a reasonable, good faith manner . 2 . Consultation in City Pathway Planning. The parties acknowledge that planning of pathways along or across District ditches, easements and fee title lands requires consultation between the parties as early as possible in the City' s pathway-planning process to identify potential pathway locations and determine project feasibility before the City submits pathway requests to the District as provided in Section 3 of this Master Agreement. The parties shall consult with each other in the City' s planning process as follows : i a. The City shall provide the District notice and an opportunity to comment on t pathway plans, maps, proposals and requirements as early as possible in the City' s pathway-planning process . This shall include, but is not limited to , situations in which the City requires, requests or authorizes third parties to construct pathways across or along the District's ditches, irrigation system and works, and associated real property interests. b. In its written comments, the District shall: ( 1 ) advise the City whether the District requires additional information in order to respond; (2) identify circumstances and options in which construction and maintenance of pathways across or along District ditches may be compatible with the District ' s primary interests, operations and obligations without creating unacceptable risks MASTER PATHWAY AGREEMENT - Page 2 to public safety; (3 ) identify circumstances in which space constraints, and operation, maintenance and safety issues preclude, Limit, or otherwise diminish the potential for the construction of pathways along or across District ditches under consideration. c . The City shall advise the District in writing if, prior to submitting a pathway request, the City desires a statement from the District regarding the feasibility of a specific pathway along or across a District ditch, easement, or fee title land, based on the City ' s submission of preliminary plans . A statement that a proposed pathway is feasible shall not constitute District approval, nor affect the parties rights and obligations in the submission, review and approval of pathway requests as provided in this Master Agreement . 3 . Submission , Review, and Approval of Pathway Requests . The following procedures, terms and conditions shall apply to the submission, review, and approval of pathway requests : a. Prior to constructing , requiring or authorizing any pathway and/or related landscaping and structures within or affecting any District property, right of way, ditch, or irrigation works, the City agrees to submit a written request to the District, and to obtain the District ' s written permission and approval through execution of an agreement. b. The City shall submit its request far enough in advance of the proposed initiation of construction to provide the District a reasonable time to evaluate and respond to the request, but in no event shall such a request be submitted less than six months prior to the first date of construction. c . Each request shall describe the proposed pathway generally, identify the proposed dates of construction (if any) , and shall identify any known local, state, or federal procedures or requirements which may affect the District ' s review and approval of the proposed pathway. d . Each request shall include a location map ; fee title legal description, easement or authorization from the servient estate owner; and construction plans which show the pathways proposed location, design, and all physical structures, plants and landscaping proposed to be constructed, installed or planted in connection with the pathway. e . The District' s Water Superintendent shall review each request and communicate by letter to the City and the District ' s attorney whether the proposed pathway meets the requirements of the District. Such letter shall not constitute approval of the District . Approval may only be granted by the District's board of directors through a resolution during one of its regular meetings . f. If the Water Superintendent indicates that the proposed pathway will meet the requirements of the District, an agreement shall be prepared. The agreement shall incorporate by reference all covenants, conditions, and agreements of this Master Agreement,$ shall identify the proposed pathway; shall give a legal description of the subject property ; shall describe the width of MASTER PATHWAY AGREEMENT " Page 3 the District's easement ; and shall include any special conditions applicable to the particular proposed pathway. Each party shall be responsible for its own costs in preparing such agreements . g . The City shall execute duplicate originals of each agreement and deliver them to the District for consideration during the next meeting of the District's board of directors. h. The District agrees to complete its review of the City' s requests for pathway agreements pursuant to this Master Agreement within two months prior to the first date of construction. The District's approval shall not be unreasonably withheld, consistent with its legal and fiduciary responsibilities. i . Each agreement, once approved and signed by District's board of directors, and shall be recorded by the District and a recorded copy returned to the City. 4 . Indemnification . The City represents and warrants unto the District that the City has the authority, capacity and financial ability to indemnify, hold harmless and defend the District as provided in this Master Agreement. The City agrees to indemnify, hold harmless and defend the District, the District ' s directors, officers, employees, agents, contractors, partners and the heirs, personal representatives, successors, and assigns of each of them (hereinafter collectively referred to as "District" for purposes of the City' s covenants to indemnify) from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys ' fees, arising from: the terms and performance of this Agreement and any agreement executed hereunder; the City' s construction, use, operation, or maintenance of pathways and related facilities within and affecting the District ' s property, ditches, and irrigation works; or the use of such pathways and facilities by any third party or member of the public . i The District agrees to indemnify, hold harmless, and defend the City, the City' s directors, officers, employees, agents, contractors, partners and the heirs, personal representatives, successors, and assigns of each of them, from all Liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees arising solely out of the acts of the District' s employees, agents or contractors in the course of the District' s access, use, operation, maintenance, repair and cleaning of its property, ditches and irrigation works. The City agrees that the District shall not be liable for any injury or damages which may occur to any pathway or facility installed by the City in the reasonable exercise of the rights of the District in the course of the District' s access, use, operation, maintenance, repair and cleaning of its property, ditches and irrigation works . The provisions of this section establish a duties between the City and the District only, and this Agreement does not intend nor does it provide that this duty is owed to any other entity and/or person, and specifically this section does not extend these duties to the public beyond the provisions of Idaho Code Section 36 - 1604 , which are incorporated herein by this reference . MASTER PATHWAY AGREEMENT - Page 4 5 . Authorization From Servient Estate Owners Required . The City acknowledges that the District has no right or power to create rights in the City affecting the holders of title to property servient to the District's easements. With respect to the District ' s easements, the District ' s commitments in this Master Agreement and the uses permitted by any agreement executed pursuant to this Master Agreement pertain only to the District' s rights as the owner of easements . Rights affecting fee title must be acquired from the holders of title to such property. Should the City fail to obtain such rights from the holder of title to property servient to an easement of the District which is the subject of an agreement executed pursuant to this Master Agreement, or should the rights obtained prove legally ineffectual, the City shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights. 6 . Conditions . Construction, use, maintenance and repair of each pathway by the City and members of the public within or affecting the District ' s ditches, irrigation system and works , and associated real property interests shall be performed in accordance with the conditions listed below. " Facility" means any pathway and any object, plant or thing of any nature installed in, on, under or across the District's ditches and property by the City, and any activity which changes the physical condition or appearance of the District ' s property, ditches, and irrigation system. a . The purpose of agreements executed pursuant to this Master Agreement shall be to approve, authorize and permit the construction, installation, use and maintenance of pathways and related facilities within or affecting the District' s ditches, irrigation system and works and associated property, and to permit the City to make the pathways available to the public without charge for recreational uses as contemplated by Idaho Code section 36- 1604 . The authorized uses of the pathways are limited to walking, jogging, and riding bicycles or other human-powered vehicles or devices . Authorized uses shall not include horseback riding, hunting, or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by the City of the pathway, landscaping, and related improvements or by the District for District purposes, or for access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons . b. The uses permitted by each agreement executed pursuant to this Master Agreement shall all times be subordinate and subservient to the District ' s rights and uses of the District ' s property, ditches, and irrigation works. Nothing contained herein or in any agreement executed pursuant to this Master Agreement shall be construed, implemented or enforced to impair, limit, restrict or otherwise affect the District ' s rights, authority, powers, and discretion with respect to the District' s property, ditches and irrigation system, or to grant or create any rights which interfere with the purposes and uses to which the District' s property, ditches and irrigation system are devoted and dedicated. The District and the City agree that all of the District ' s rights and discretion to access, operate, construct, maintain, repair, clean or otherwise use of any portion of the District' s property, ditches, and irrigation works are reserved. After reasonable advance notice from the District, the City agrees to temporarily suspend its use and public use of pathways when the use of the easement areas occupied by the pathways is required by the District for access, operation, maintenance, repair, cleaning and other District purposes, or to perform, effectuate or enforce any provision of this Master I MASTER PATHWAY AGREEMENT - Page 5 Agreement or any agreement executed pursuant to this Master Agreement . c . Each pathway and facility shall be constructed, operated, maintained, repaired and cleaned at all times by the City, at the cost and expense of the City, in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho and the conditions stated hereirL The City shall enforce its anti4tering ordinances, provide waste receptacles, and take other reasonable actions within its authority to prevent litter, trash or other material to gather or be deposited on or along pathways authorized pursuant to this Master Agreement. d . The City acknowledges that the District has, and agrees that the District shall continue to have, the right to deposit sediment, plant material, debris and other material (collectively spo ") which the District removes from its ditches on the District ' s ct ' s fee title lands and the District ' s easement areas for its ditches. Without limiting this right, the District agrees to give reasonable advance notice to the City prior to depositing spoil along the District' s ditches, and to exercise reasonable best efforts to avoid placing spoil on the City' s pathways . The City may spread and level any spoil removed from the Drain and placed on the District ' s fee title lands and easement areas or, in the alternative, may transport the spoil to a sanitary landfill or some other authorized place of disposal. The District shall have no obligation to spread, level, or remove any spoil removed from the Drain and place on the District ' s fee title lands and easement areas . e. The City shall have no right, power or authority to grant, allow or suffer any lien or other charge or encumbrance of any kind against the District ' s right, title and interest in the District' s property, ditches and irrigation works . f. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's ditches and property so as not to constitute or cause : a hazard to any person or property; an interruption or interference with the flow of water in any ditch or the delivery or drainage of water by the District; an increase in seepage or any other increase in the loss of water from the ditch; the subsidence of soil within or adjacent to the easement ; and any other damage to the District's property, ditches and irrigation works. The provisions of this section pertain to construction, maintenance, and repair and otherwise establish a duty owed by the City to the District only, and this Agreement does not intend nor does it provide that this duty is owed to any other entity and/or person, and specifically this provision does not extend the duty of the City to the public beyond the provisions of Idaho Code Section 364604 , which are incorporated herein by this reference . g . The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City 's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any pathway or facility. MASTER PATHWAY AGREEMENT - Page 6 h. The City shall do the following to ensure that the permitted public uses of pathways do not interfere with the District ' s property and the District ' s access, operation, maintenance , cleaning and repair of its ditches and irrigation works . ( 1 ) The City shall prepare and install readily visible signs at pathway entrances or other appropriate locations along each pathway advising the public : that the pathway is located within the District' s property or easement by the District ' s consent ; that the primary use of the easement area is for the District' s access, operation, maintenance, repair and cleaning of the District ' s ditch and irrigation works ; that users of the pathway must yield to District personnel engaged in District activities; that swimming, wading , boating and any other activity in District ditches or within the inside slope of District ditch banks is prohibited ; that public use of motor vehicles or equipment on the pathway is prohibited ; that the pathway may be closed from time to time upon request of the District ; of any City ordinances which apply to public use of the pathways of the permitted hours of use of the pathway; and that persistent violations of any of these rules may result in temporary suspension of use of the pathway. (2) The City shall take appropriate action and exercise best efforts to protect the safety of the members of the public who use the City' s pathways, ensure that members of the public comply with the terms of this Master Agreement , agreements executed pursuant to this Master Agreement, and any City ordinance regarding activity on City pathways, prevent interference with the District ' s use, operation, and maintenance of the District' s property, ditches, and irrigation works, and prevent members of the public using City pathways from swinnnung, wading, boating , or activity within the inside slope of the District' s ditch banks . This Master conducting any other Agreement shall not prevent the District from enforcing any prohibition against unauthorized use of the District ' s property, ditches, and irrigation works. i. The City shall provide notice prior to and immediately after construction so that the District's engineers may inspect the construction. Final acceptance of the work performed and the materials used in the City' s installation of the pathway and all facilities shall not be made until all such work and materials have been expressly approved by the District . Such approval by the District shall not 1%� unreasonably withheld. j . The City shall not excavate, place any structures , plant any trees, shrubs, or landscaping, or perform any other construction or activity within or affecting the District ' s property, ditches, and irrigation system except as authorized by agreements executed pursuant to this Master Agreement without the prior written consent of the District. k. Upon request of the District, the City shall investigate and perform reasonable and necessary modifications or repairs of any facility or alteration constructed or performed by the City which does not comply with the terms of this Master Agreement or any agreement executed pursuant hereto . The District shall give reasonable notice to the City and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable time after MASTER PATHWAY AGREEMENT - Page 7 E request, and/or to require the public use of the pathway be temporarily suspended until such work is completed. In cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances and reserves the right to perform any work deemed necessary under the circumstances. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes . Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph. 1. The City shall construct obstructions to unauthorized vehicles and equipment on each pathway and in a manner that will prevent access to the District ' s property, ditches and irrigation system and works. m. Each agreement executed pursuant to this Master Agreement shall establish the authorized daily hours of use for each pathway. n. The City shall comply fully with all federal, state or other laws , rules, regulations, directives or other governmental requirements in any form as administered by appropriate authorities, regarding environmental matters, and specifically those relating to pollution control and to materials and chemicals which may be inimical to human health or the environment, which may be applicable to its construction, installation, operation, or maintenance of any pathway and facilities pursuant to this Master Agreement and any agreement executed hereunder. o . The covenants, conditions and agreements contained in each agreement and this Master Agreement shall constitute covenants to run with, and running with, the servient lands and/or easements of the City, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them for as long as the subject pathway continues to be used for the purposes authorized by each agreement. The City shall provide the District written notice upon cessation of use of each authorized pathway for the authorized purposes . 7 . Applicable Law and Jurisdiction Unaffected . Neither the terms of this Master Agreement, nor any agreement executed hereunder, nor the parties exercise of any rights or performance of any obligations hereunder, shall be construed or asserted to extend the application of any such governmental requirements or the jurisdiction of any federal, state, or other agency or official to District's ownership, operation, and maintenance of its ditches, drains, canals, imgation works and facilities which did not apply prior to and without execution of this agreement. By entering this Master Agreement the District does not create, or exercise legal or other authority, either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies . I MASTER PATHWAY AGREEMENT - Page 8 By entering this Master Agreement, the District does not assume any responsibility or liability for any impact upon or degradation of human health or safety or the environment resulting from any activity of the other party, including, but not limited to , the City's construction, operation, and maintenance of its pathways and facilities . In the event District is required to comply with any governmental requirements or is subject to the jurisdiction of any governmental agency as a result of authorizing the construction and maintenance of a pathway upon its property, ditches , or irrigation works, the City, if it is the cause of such governmental intervention, shall: ( 1 ) immediately cease such action; and (2) indemnify, hold harmless or defend or reimburse the District for its costs and liabilities associated with the governmental requirements and intervention. 8 . Claims of the Bureau of Reclamation . There presently exists a difference between District and the United States of America, specifically the Bureau of Reclamation, concerning the ownership, possession, management and control of certain ditches, drains and canals . District will advise City and address the consequences of this dispute as necessary in reviewing and approving each request of City for an agreement which involves any drain, ditch, or canal which is the subject of the dispute . The City is advised by District to communicate with the Bureau of Reclamation before signing any agreement affecting any ditch, drain or canal which is subject to the dispute concerning the Bureau of Reclamation's position and to learn of any requirements which may be imposed by the Bureau of Reclamation in connection with City's activity which is the subject of an agreement . 9 . Water Rights . The City acknowledges that the waters in the District ' s ditches are fully appropriated for beneficial use, and that the water flows in the District' s ditches fluctuate based on demand, diversion and use of water. The City shall not attempt to divert or claim the right to diversion or maintenance of minimum stream flows of any water in any of the District' s ditches . The City shall not in any manner attempt to require the District to maintain any flow of water in any of the District ' s ditches . 10 . Not a Public Dedication . Except for the permission to construct and maintain a pathway contained in agreements executed pursuant to this Master Agreement, nothing contained herein or in such agreements shall be deemed to constitute a gift or dedication of any portion of the District' s property, ditches or irrigation and drainage works to the general public or for the benefit of the general public or for any public purpose whatsoever, and nothing contained herein shall be deemed to provide that any pathway shall be used for any other purpose than as stated herein and in agreements executed pursuant hereto , it being the intention of the parties that this Agreement and any further agreements will be strictly limited to and for the purposes expressed herein . The parties shall be permitted, from time to time, to take whatever reasonable action it or they deem necessary to prevent any portion of the District ' s property, ditches, and irrigation and drainage works from being dedicated or taken for public use or benefit . MASTER PATHWAY AGREEMENT - Page 9 11 . Relocation . If desired by the District, any pathway within or affecting the District' s property, ditches, and irrigation system and works may be relocated in a functionally similar manner . Such relocation shall be with the prior written approval of the City, which approval shall not be unreasonably withheld . The costs of such relocation shall be borne by the District . 12 . No Claims Created . Nothing in this Master Agreement or any agreement executed or permit issued pursuant to this Master Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by either party hereto or any third party against either party hereto . 13 . Rights Nonexclusive . This Master Agreement is entered subject to all rights previously acquired by third parties . The rights and privileges granted by this Master Agreement are nonexclusive and will not prohibit the District or the City from entering into agreements with other parties . 14 . Assignment. Neither this Master Agreement nor any agreement entered pursuant to this Master Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 15 . Attorneys Fees . Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Master Agreement or any agreement executed pursuant hereto , whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of such provisions, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 16 . Construction , Binding Effect. This Master Agreement shall be construed and enforced in accordance with the laws of the State of Idaho and shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Master Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Master Agreement shall remain in full force and effect . The parties represent and warrant to each other that they each have authority to enter this Master Agreement. IT Dispute Resolution . The parties agree to engage in mediation through a mutually acceptable mediator prior to institution of legal proceedings to resolve any issues pertaining to the provisions of this Master Agreement . The parties shall each pay fifty percent (50%) of all fees and costs charged by such mediator. 18 . Catchlines. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of the Agreement, and are not intended to be aids in interpretation of any provision of the agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement . MASTER PATHWAY AGREEMENT - Page 10 I 19 . Notices, Any and all notices, demands, consents and approvals required pursuant to this Master Agreement shall be hand delivered, or if sent by mail shall be certified, postage prepaid, return receipt requested, addressed to the parties as follows : Nampa & Meridian Irrigation District City of Meridian 1503 First Street South 33 E . Idaho Street Nampa, ID 836514395 Meridian, ID 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto caused its municipal name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its City Council, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT iA�� By / Its Presid t AT Ap iIf! '&cretary THE CITY OF MERIDIAN i By Ro e D .Come - Mayor ATTEST : Q r 144 Ide 1 SM WilliamG. Berg, Jr. - Cle s A ` MASTER PATHWAY AGREEMENT - Pago,�( t 'mil ' �``�,� rr►rnrrr i STATE OF IDAHO ) ss : County of Canyon ) On this /# day of/� , 2000, before me, the undersigned , a Notary Public in and for „ said Stale, personally appeared 0 &Ih�.� and , known to me to be the Presi ent and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. �N, fffp fM A N. •••.• 40 + � Notary Public for Idaho to ft Residing at &&Z/ * t10T,I "� My Commission Expires ,• KZ&e � L IC STATE OF IDAHO ) ••, OP ID A�;.•••• rrrr,n, us�� ) ss : County of Ada ) On this day of b , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert D . Corrie and William G. Berg, Jr. , known to me to be the Mayor and City Clerk, respectively, of THE CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument and acknowledged to me that such entity 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. .♦asasn u � q � `� ��; pTA; ;�°�� Notary Publi& o I Residing at VK&A;c G(,c A l'1 , Idaho ; MI My Commission Expires : lo \ I n • \ I n Q. OFF Cr • tlM 'Mr � MASTER PATHWAY AGREEMENT - Page 12 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to BriCon, Inc. for the Five Mile Creek Pathway Bridge Connection for the Not-To-Exceed amount of$445,000.00 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 6/13/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract to BriCon, Inc. for the Five Mile Creek Pathway Bridge Connection for the Not-To-Exceed amount of$445,000.00 Recommended Council Action: Approval of Construction Contract and resulting Purchase Order along with authorizing the Procurement Manager to sign. Background: This is a public works construction project. CONTRACT FOR PUBLIC WORKS CONSTRUCTION FIVE MILE CREEK PATHWAY BRIDGE CONNECTION PROJECT # 11389 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 6th day of June, 2023, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642 and BriCon, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 18050 N. Sophie PI., Nampa, ID 83687. INTRODUCTION WHEREAS, the City has a need for construction of a manufactured bridge connection with concrete abutments including the completion of hydroseeding per established plans and specifications; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally Five Mile Creek Pathway Bridge Connection Project#11389 accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $445,000.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. Five Mile Creek Pathway Bridge Connection Project#11389 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If,through any cause,Contractor,its officers,employees,or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ofthe personnel of the City in the performance of this agreement shall be made bythe City. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Five Mile Creek Pathway Bridge Connection Project#11389 Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901. 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 Contractor shall indemnify and save and hold harmless City and it's selected officials,officers, employees,agents,and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specificallyagrees that it will maintain, throughout the term of this Agreement, liabilityinsurance, in which the City shall be named an additional insured in the minimum amounts as follow. General Liability One Million Dollars ($1,000,000) per incidentor occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable topersonal injury, death, or damage or destruction to tangible or intangible property,including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the Five Mile Creek Pathway Bridge Connection Project#11389 insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the Five Mile Creek Pathway Bridge Connection Project#11389 contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. Five Mile Creek Pathway Bridge Connection Project#11389 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other datarelating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 19. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are Five Mile Creek Pathway Bridge Connection Project#11389 treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state orlocal law, rule or regulation against any person on the basis of race, color, religion,sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. 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. 23. 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. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Five Mile Creek Pathway Bridge Connection Project#11389 26. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 27. Payment Request: The Project Manager will compare the invoice against thePayment Schedule in the Agreement for compliance. Upon approval that the workhas been done and is in compliance with the Agreement, the Project Manager willapprove the pay request for processing. City of Meridian payment terms are Net 30from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the IdahoTax Commission and Surety have been received by the City. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Five Mile Creek Pathway Bridge Connection Project#11389 City: Contractor: City of Meridian Bricon, Inc. Procurement Manager Attn: Mark C. Brice 33 E Broadway Ave. 10850 N. Sophie PI. Meridian, ID 83642 Nampa, ID 83687 Phone: 208-489-0417 Phone: 208-869-4827 Email: bricon1@msn.com Idaho Public Works License #: PWC-C-11823 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: BRICON, INC.: KEITH WATTS, Procurement Manger MARK C. BRICE, Owner 6-13-2023 DATED: DATED: Approved at City Council 6-13-2023 Project Manager Mike Barton Five Mile Creek Pathway Bridge Connection Project#11389 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (PKS-2318-11389) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (PKS-2318-11389) including the plans and specifications listed below, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). Refer to the following documents included in the ITB (PKS-2318-11389): • 6 - Drawings-Plans for Five Mile Creek Pathway Bridge Connection. • 7 - Specifications of Hydroseeding & Manufactured Bridge for Five Mile Creek Pathway Bridge Connection. Five Mile Creek Pathway Bridge Connection Project#11389 EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $(Contract Amount). MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion (300) Days from Notice to Proceed Milestone 2 Final Completion (365) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the Five Mile Creek Pathway Bridge Connection. NOT-TO-EXCEED AMOUNT.............................................$445,000.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Manufactured Bridge with Concrete Abutments 1 LS $445,000.00 and Hydroseeding. Estimated No. of H droseedin Acres = 0.70 Five Mile Creek Pathway Bridge Connection Project#11389 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 5/16/2023 REQUESTING DEPARTMENT Parks and Reacreatlon Project Name: Five Mile Creek Pathway Bridge Connection Project Manager: Mike Barton Contract Amount: $445,000 Contractor/Consultant/Design Engineer: BriCon, Inc. Is this a change order? Yes ❑ No Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available(Purchasing attach report): Department 5290 Yes ❑✓ No ❑ Construction ❑� GL Account 93401 FY Budget: 2023 Task Order ❑ Project Number: 11389 Enhancement: Yes ❑ No 0 Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑� No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION (to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category Yes ❑� No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Date Award Posted: 5/15/2023 7 day protest period ends: May 23,2023 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License PWC-C-11823 Expiration Date: 7/31/2023 Corporation Status Active-Good Stdg Insurance Certificates Received(Date): 5/18/2023 Expiration Date: 8/1/2023 & 10/1/2023 Rating: A++ Payment and Performance Bonds Received(Date): 5/20/2023 Rating: A+ Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: nter bulpervisor Name Date Appr Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: June 5,2023 Approval Date June 13,2023 By: Council Purchase Order No.: TBD Date Issued: TBD WH5 submitted 5/16/2023 (only for Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final E IDIAN --- AGENDA ITEM ITEM TOPIC: Greater Ada County Police, Fire, and Emergency Medical Service Agencies Joint Powers Agreement Regarding Active Shooter and Hostile Event Response C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: June 13, 2023 Presenter: Tracy Basterrechea, Police Chief Estimated Time: 0.1 minutes Topic: Greater Ada County Police, Fire, and Emergency Medical Service Agencies Joint Powers Agreement Regarding Active Shooter and Hostile Event Response Recommended Council Action: Approve and authorize the Mayor's signature on the agreement. Background: This Joint Powers Agreement establishes a framework for agencies to plan a coordinated, pre-planned active shooter or hostile event response ("ASHER"). This agreement establishes a steering committee, comprised of at least one representative from each agency,which will develop and administer the ASHER Plan, establish minimum training and equipment needs, share information and reporting, and manage public records requests and after-action analysis and reporting related to an ASHER. AGREEMENT No. Is 12 GREATER ADA COUNTY POLICE, FIRE, & EMERGENCY MEDICAL SERVICE AGENCIES JOINT POWERS AGREEMENT REGARDING ACTIVE SHOOTER & HOSTILE EVENT RESPONSE WHEREAS, the safety and health of the citizens of the Greater Ada County is of concern to the elected officials of the State of Idaho,the County of Ada,and the cities and fire protection districts of Boise, Meridian, Garden City, Eagle, Kuna, Star, and Middleton (herein collectively known as the "parties"), and WHEREAS, the duty to respond to emergency threats regarding the health and safety of the citizens of the greater Ada County area is entrusted to the Ada County Sheriff's Office,the Ada County Paramedics,the Idaho State Police,the Boise Police Department, the Boise Fire Department,the Eagle Fire Department, the Garden City Police Department, the Meridian Police Department, the Meridian Fire Department, the Kuna Rural Fire District, and the Middleton and Star Fire District, and WHEREAS, the Sheriff of Ada County, the Colonel of ISP, and the Chiefs of Police of the cities located in Ada County all understand that during an active shooter or hostile event there is an extreme danger and risk to the public and the need for police to provide a quick and decisive response is vital to public safety, especially in crowded urban areas, and WHEREAS, the Chiefs of Ada County Paramedics, fire departments, and fire districts all recognize that paramedics, EMTs, firefighters, and first responders have a vital role in assisting the public during an active shooter or hostile event to prevent the loss of life by assisting those who are injured, and WHEREAS, in some instances an immediate response to an active shooter or hostile event may require agency first responders from a combination of agencies to cooperate to enter the incident scene, and WHEREAS,the parties to this agreement desire to reduce the likelihood that an active shooter or hostile event occurs that injures a member of the public, an officer, a deputy, a trooper, a paramedic, an EMT, a firefighter or any other first responder, and WHEREAS, the parties are public agencies as defined and authorized by Idaho Code §§ 67- 2326, 67-2328, and 67-2337 to enter into this agreement and provide mutual assistance across jurisdictional boundaries for emergency situations, and WHEREAS, Idaho Code § 46-1003(1) authorizes state agencies and political subdivisions of the State of Idaho to cooperate, to plan, and to prepare for disaster and emergencies resulting from man-made causes, attacks, terrorism, sabotage, and other hostile actions; ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 1 of 14 NOW THEREFORE, in consideration of the mutual agreement hereinafter contained and the recitals set forth above, the parties to this agreement do hereby understand and agree as follows: 1. PURPOSE The primary purpose of this agreement is to provide better safety for the citizens of Ada County by ensuring there is a coordinated response to active shooter or other hostile events that may occur in our area, to which all of the parties likely will have to respond to and provide services. The purpose of the ASHER (Active Shooter Hostile Event Response) program is to ensure the highest level of safety for all residents,visitors and first responders in Ada County during any active shooter or hostile event. The parties agree that the development and implementation of the parties' ASHER PLAN is a collaborative effort that will require each agency's administration and subject matter experts to confer on a regular basis and ensure plan metrics and training requirements are continuously evaluated and being met so that agency personnel are standing ready to fully respond to an active shooter or other hostile event. To that end,the parties shall appoint a steering committee as defined herein with the purpose of coming to a consensus on the best practices during an active shooter or hostile event and create an"Ada County Unified Concept of Operations for Active Shooter and Hostile Events Response Document"(herein ASHER PLAN).The parties'ASHER PLAN will be an organized and structured response plan that outlines roles and responsibilities of responding agencies regardless of the size and type of the incident. In addition to preparing a plan that all parties agree on, the other primary goal of this agreement is to ensure the parties and their respective staff members are being trained and prepared to respond to an active shooter or hostile event and that each agency head is committed to providing continued and dedicated resources to meet the needed level of preparedness. 2. ASHER STEERING COMMITTEE Pursuant to Idaho Code § 67-2328(d), and to ensure the success of the parties' agreement, the parties agree that a joint board known as the "ASHER Steering Committee" shall be formed. Additionally, the Steering Committee shall comply with Idaho Code Title 74, Chapter 2 as required. a. DESIGN: The steering committee shall include at least one person from each participating agency as a member. The parties agree that each agency's executive officer may appoint one member to participate in the Steering Committee and that such person shall serve on the committee at the pleasure of the agency executive until replaced. The ASHER Steering Committee, as a joint board representing the parties, shall be responsible for administering the joint undertaking of the parties as it relates to the goals and objectives of the parties'ASHER PLAN. At the first official meeting of the Steering Committee the members present shall nominate and elect a chairperson for the Steering Committee who shall serve as chairperson until replaced by motion and majority vote of the Steering Committee. Once formed, the Steering Committee may propose amendments or changes to this agreement to the parties for consideration. The Steering Committee may create and amend the ASHER PLAN document at any time a simple majority of the steering committee agrees such change is necessary. The Steering Committee shall meet at a minimum of once per quarter. Further meetings shall be subject to the call of the chairperson as needed. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 2 of 14 3. DESIGN OF ADA COUNTY ASHER RESPONSE The parties recognize and agree that an active shooter or hostile event is extremely time sensitive and requires an immediate response. To address the needs of such an event in Ada County, the parties shall develop an ASHER PLAN with a response model that continues the primary goal of "stopping the killing", but also addresses the medical goal to "stop the dying" and the need for rapid casualty evacuation. The parties ASHER PLAN shall include a Rescue Task Force (RTF) model which can be applied to a variety of incidents that require a dedicated security element to escort Fire and EMS into zones of an active threat event. Such events could include civil unrest, riots, active shooter events, terrorist attacks, or small-scale scenes of violence. 4. ORGANIZATIONAL STRUCTURE FOR INCIDENT COMMAND Because the parties recognize that time is of the essence in an ASHER PLAN, the parties agree that Command and Control of the incident, regardless of location should be established as soon as possible to assist with operational control and resource allocation. Authority over the situation shall be established by the first law enforcement agency to respond to the event and such agency shall remain in control until officially relieved by the proper jurisdictional authority. Command and control will follow the parties' respective joint training to ensure command is quickly established and that a unified command structure between the parties is followed. Once command has been established, steps to create a unified command between Law Enforcement, Fire, and EMS should be a priority. 5. TRAINING AND EQUIPMENT REQUIREMENTS The parties agree that each agency shall commit to providing personnel with the appropriate equipment for ASHER related events. Additionally, the parties agree that each agency shall work to develop a collaborative model of training that is consistent with the ASHER PLAN document. The ASHER Steering Committee will develop a training plan that at a minimum consists of initial familiarization training and small-scale department training. The ASHER Steering Committee will also work to provide large scale trainings involving multiple agencies when feasible as well as yearly refresher trainings. The parties shall provide the appropriate and available resources to assist partnering agencies with ongoing training, exercising, and drilling. ASHER training shall consist of the following: a) Familiarization/concepts-based classroom training; b) Small-scale department specific movement/scenario-based Rescue Task Force training in partnership with Fire, EMS and Dispatch; c) Large Scale exercises; d) Yearly refresher training; and e) Command and control training. In rendering assistance to each other for training or during a response to an ASHER event, each party shall be responsible for the provisions and maintenance of its own equipment, materials,and supplies, except in cases of emergency wherein it appears to the parties' employees immediately involved that the sharing or use of equipment or furnished by another party or parties is necessary or proper. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 3 of 14 6. REPORTS AND INFORMATION SHARING During an ASHER event, and after its conclusion, information will be freely shared among the parties with the understanding that all investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. Except as noted below, no information gathered during the course of the event, to include any informal communications between the parties will be disseminated to any non-law enforcement third party or any non-party to this agreement without the express permission of the agency with jurisdictional authority over the incident. 6a. PUBLIC INFORMATION REQUESTS Any public requests for access to the records or any disclosures of information obtained by the parties during or after an event will be handled in accordance with applicable rules of criminal procedure, statutes, regulations, and policies pursuant to the Idaho Public Records Act, any state-specific rules of criminal procedure, and any other applicable federal and/or state statutes and regulations. It is understood among the parties that any public records request for information regarding an event will first be sent to the jurisdiction responsible for the investigation to answer. If that agency declines to, or otherwise cannot, respond to the public records request made, the requester can seek such information from any other party,who will release or deny information in accordance with Idaho state law. 6b. AFTER ACTION REPORTS Once an ASHER incident has occurred, and after any investigation into the matter has been completed, the ASHER Steering Committee will prepare a confidential After-Action Report that will detail the incident and include a description of at least the following: any challenges, successes, needed changes or solutions relative to the incident repose in relation to the ASHER PLAN and this agreement. The After Action Report shall be circulated to all of the agency executives for their consideration. Depending on the event, the parties may invite the Steering Committee to present such report in person. 7. PERSONNEL AND RESOURCES The parties understand and agree that this agreement does not transfer the employ of any involved personnel from their agency to another agency, nor is any agency required to provide training or equipment to any employee that is not their own. In the event of a complaint against an assigned officer or employee of any party, the complaint shall be forwarded to that participating agency for investigation and resolution of the complaint. Any issue that arises between any employee of any party that creates a risk will be dealt with by the incident commander during the event, while in a unified command structure, or shall be addressed with the agency head after the incident has been concluded and operations have returned to normal. 8. LIABILITY Each party to this Agreement will be responsible for the acts and/or omissions of the party's own employees, officers, or agents in the performance of this Agreement. No party will be considered the ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 4 of 14 agent of any other party and no party assumes any responsibility or liability to any other party for the consequences of any act and/or omission of another party's employee, officer, or agent. Additionally, pursuant to Idaho Code § 67-2337, any liability arising from the acts of peace officers of any parties herein shall remain the responsibility of the employing agency, regardless of the jurisdiction in which the act occurs. 9. FINANCING There shall be no joint financing of activities under this agreement, however each party may contribute to expenses for items such as training or equipment as agreed by the parties. Each party shall independently budget for expected expenses related to this agreement. Provided further that nothing in this Agreement shall be construed as obligating any party to incur any indebtedness or liability, in any manner, or for any purpose, which exceeds the income and revenue provided for a party in any party's fiscal year. The failure of a party to appropriate funds, or the absence of any allocation of funds, shall not impose liability on a party. 10. OTHER TERMS TERM and DURATION. This agreement will become effective on the date of the last signature. Such agreement remains effective until the agreement is terminated following the process stated herein or is superseded by subsequent agreement. MODIFICATION AND AMENDMENTS. No amendment or modification to this agreement shall be effective unless made in writing and duly signed by all parties. This term does not apply to any appendix attached to this agreement. TERMINATION. Any party may terminate their agency's involvement with this agreement via written notice to the other parties at any time. CERTAIN RECORDS EXEMPT FROM DISCLOSURE. Pursuant to Idaho Code Title 74, Chapter 1, section 105(4)(b) and section 124, parts (e) and (f), certain records including security plans are exempt from public disclosure if the release of such records would reveal police techniques, emergency response plans, and law enforcement records that could thwart law enforcement's efforts to protect the public, relate to critical infrastructure, or would reveal information that may endanger the life or physical safety of law enforcement personnel or the public. NOTICE. Any notices required by or contemplated under this agreement shall be provided to the designated head of the respective agency as identified by their signature below. IN WITNESS WHEREOF,and by affixing their signatures below, the parties attest that they have read and understand this agreement and their signature is indication that they have made it effective as herein provided. SIGNATORIES PAGES ATTACHED ADA COUNTY JOINT POWERS AGREEMENT RE: ACTIVE SHOOTER EVENT Page 5 of 14 BOARD OF ADA COUNTY COMMISSIONERS By: R d Beck, Commissioner . By: R avidson, Commissioner By: ASSENT Thomas Dayley, Commissioner ATTEST: Trent Tripple, Ada County erk Signed this. day of 2023. ADA COUNTY SHERIFF'S OFFICE By-. W77 atthew Clifford eriff Signed this �D day of 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 6 of 14 BOARD OF ADA CO NTY EMERGENCY MEDICAL SERVICES DISTRICT By: Ro Beck, Commissioner By: Rya idson, Commissioner ABSENT By: Tom Dayley, Commissioner ATTEST: Trent Tripple, Ada County Cl rk Signed this ) day of a 2023. ADA COUNTY PARAMEDICS y. Sha n Ra ,`Chief Paramedic Signed this ,2 �� day ofAz� 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 7 of 14 1 Y THE CITY OF BOISE CITY Y . By. Lauren McLean, Mayor 9/19/2023 ATTEST �� Lynda Lowry, City Clerk 9/19/2023 Signed this _.19th._ day of September 2023. BOISE POLICE DEPARTMENT By:Y Ron Winegar,Police C1aVv4r Signed this Z2 day of MOJ&Y-.f 2023. BOISE FIRE DEPARTMENT By: Z-- a4M' yer, Fire Chief Signed this ;(!; day of -A%ic ors: 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 8 of 14 EAGLE FIRE PROTECTION DISTRICT Josh nner, Board Chairman ATTEST: Ir �V I I 111 -fl Angi McBrid.;Administrative Manager Signed this _ day of 2023. EAGLE FIRE DEPARTMENT By: Tyler Le , Fire Chief Signed this day of0 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 9 of 14 '��{.IIIIIIII,I EN THE CITY OF GARD CITY SEAL By n Evans, Mayor ...■• ,� ,I.� ATTEST: a l iby, City Clerk Signed this day of_ 2023. GARDEN CITY POLICE DEPARTMENT By: - Cory Stambaugh, Police Chief Signed this ;}a__. day of C�?'1+�1f. 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 10 of 14 THE CITY OF MERIDIAN By Robert E.Simison, Mayor ATTEST Chris Johnson, City Clerk Signed this 13th day of Tune 2023, MERIDIAN POLICE DEPARTMENT By: cy Basterrechea, Police Chief Signed this 6 day of . 2023. MERIDIAN RURAL FIRE PROTECTION DISTRICT By Marvin Ward, Board Chairman ATTEST: Derrick Shannon, Commissioner Signed this day of . 2023. MERIDIAN FIRE DEPARTMENT By: QAM&�!� Kris Blume, Fire Chief T Signed this day of 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 11 of 14 KUNA RURAL FIRE PROTECTION DISTRICT By: A VA--- Gre McPherson, Board Chairman ATTEST: Krysial Hihkle, Officer of Administration Signed this c. day of i C: i 1 4 2021 KUNA RURAL FIRE PROTECTION DISTRICT T. . La rence, Fire Chief Signed this r }4 day of v''v� 4'=t V 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 12 of 14 MIDDLETON RURAL FIRE PROTECTION DISTRICT By: _ Liz Bolts,Board Chairman i EST-_ in Ward,District Administrator Signed this _4 - day of 2023, STAR FIRE PROTECTION DISTRICT By. Jared Moyle, Board Chairman ATTEST: Robi6 Ward, District Admini r Signed this day of 202L4 MIDDLETON&STAR FIRE DISTRICT gY Greg iminsky,Fire ie Signed this day of rebPJO((r.{ 2023 ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 13 of 14 IDAHO STATE POLICE By: �L-' Z."'Z Director Kedrick Wills, Colonel Signed this jt!�7 day of_ G�� 2023. ADA COUNTY JOINT POWERS AGREEMENT RE:ACTIVE SHOOTER EVENT Page 14 of 14 E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Jennie's Retail H-2022-0071) Between the City of Meridian and Mauricio and Ilene Garcia for Property Located at 2365 E. Fairview Ave. ADA COUNTY RECORDER Trent Tripple 2023-033828 BOISE IDAHO Pgs=18 BONNIE OBERBILLIG 06/14/2023 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Mauricio and Ilene Garcia, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 13th day of June , 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 Mauricio and Ilene Garcia, whose address is 4863 N. Larkwood Place, Meridian, ID 83646, hereinafter called"OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 2365 E. Fairview Avenue, Meridian, Idaho 83642, and described in Exhibit"A,"which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit"A" from an existing Development Agreement recorded on March 12, 2004 in Ada County as Instrument 9104027941, and for the inclusion of the Property into this new DEVELOPMENT AGREEMENT—JENNIE'S RETAIL H-2022-0071 Page 1 of 9 Agreement, 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 duly noticed public hearings before 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 development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 7t'day of February, 2023, 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, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement (Inst. 9104027941) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring 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 designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 2 of 9 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 Mauricio and Ilene Garcia, whose address is 4863 N. Larkwood Place, Meridian, Idaho 83646, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to be removed from existing Development Agreement recorded on March 12, 2004 in Ada County as Instrument A104027941, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses 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. The existing residential use may continue as a legal nonconforming use until such time as sanitary sewer service is available to the property, and at that time the residential use of the building shall cease. b. The C-G area shall remain undevelopable until sanitary sewer service is available to the property. c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per Meridian City Code 9-1-413, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 3 of 9 d. Any other conditions as desired by the Council. e. A cross-access/ingress-egress easement shall be granted and the shared driveaway constructed to Parcel AR7104250566 (Pine 43 Subdivision)to the west. A copy of the recorded easement shall be submitted with the first certificate of zoning compliance application. f. Parking for the development shall be based on the parking ratio of one (1) parking space for every two hundred fifty(250) square feet of gross floor area regardless of use. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings 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's 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 of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/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 § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the 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. DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 4 of 9 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 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance 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. 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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 I I above. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 5 of 9 13. 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 Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Mauricio and Ilene Garcia 4863 N. Larkwood Place Meridian, Idaho 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. 14. 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. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 17. 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. DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 6 of 9 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 19. 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. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the date herein above written. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 7 of 9 ACKNOWLEDGMENTS R4 WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: 'elt4'� Mauricio Garcia Ilene Garcia STATE OF IDAHO ) ss: County of Ada ) On this acr day of °7yu rat, , 2023,before me, the undersigned, a Notary Public in and for said State, personally appeared Mauricio Garcia,known or identified to me to be the person who signed above and acknowledged to me that they 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. ,aaaxaaaemer:phr'h (SEAL. = o'[A/� Not ublic � , i Z y Commission Expires: a • = a a.oAUB t�C'o STATE OF IDAHO ) ,Oaa�e�e,so�vv ss: County of Ada ) On this r vnc�day of 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Ilene Garcia,known or identified to me to be the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand andaffixed my cial seal the day and year in this certificate first above written. raaaaaaaanitr/tr►�p•j � 4 .•` .��SK�� (SEAL) �s•,'' tary Public �pTA,? � � My Commission Expires: L19 2 a • f UBI A • \�. • ®Fataa�`P�,o, DEVELOPMENT AGREEMENT—JENNIE'S RETAIL H-2022-007I Page 8 of 9 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 6-13-2023 Chris Johnson, City Clerk 6-13-2023 STATE OF IDAHO ) ss County of Ada ) On this 13th day of June 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. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-JENNIE'S RETAIL H-2022-0071 Page 9 of 9 EXHIBIT"A" Lf2r1 Description Qf property Jack G.Cortabitarte w d Issac F.Cartabitarte Lot I of Plemm3t Valtey Subdivision,according to the plat thmoof,filed in Book 12 of Plats,page d65 in the office of the county r=rder of Ada County,State of Idaho. DF,rEMPMENT AGREEMLIT(AZ-05.0D) PAf3E 15 OF 15 f�'rrsw£+Aapic UA pm of FDWIK 6 55 weA I 5'R96'G�D SDr6 L G I � 1Hav51.3JI dIcib \R[!rt i� I au�5101ypo FS �w a I 1 � Y1 LOT 2 R_1 I LOT + ¢ mw k 7RlfN Kw 46T 1 RED IIMES(F fflAM O �)�'N RTIGiz+G25o $i arz I.i sw F,Wa4m[ I 1 L 'A' �1 1 L P1iOT�1 L ZGCfE j i]] I 1 �ASpN s5eY I y em u�rs azwwr f LOT S 1 raao whm a-vw mgmmm I I 1 I i 1 i LOT B CEiF�I W.-R ffrEOS cm. owsimid 9LOCK 2 s erx'as'r m3.79'; m LOT 7 DIU K W*v RPIOISJF]ID ANNEXATION EXHIOIT BRIGGSEN91NEERING6INC. FOR JACK CORTABITARTE 8 R I s A PORTION OF LOT 1, PLEASANT VALLEY 9J8CIVISION LOCATED IN THE NW 1/4 OF SECION b, 7,34„ FUE, 6.M. (205)3"-97DD MERIDIAN ADA COUNTY, IDAHO 11300 W.OVEAMAM ROAD•9pg,VAN0 aV05 Oil6 GALE 054G NO SCALE ��// �] 09/22/03 CSN 20911 NTS E/\ ILaIT 01 i—MAL][DtiC. EXHIBIT B STAFF REPORT E IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 02/07/2023 DATE: Legend R1 R1 R2II� Project Location R-2 R-4 TO: Mayor&City Council L OAR 40� R-4 R74RUT FROM: Stacy Hersh,Associate Planner 208-884-5533 �R6 � � R-15 C-G CFN AFL-O C-G �L@O L-O SUBJECT: H-2022-0071 —C2 G-C—P."T—C-G Jennie' Retail MDA R-15 R-40 I-L It R-15 L-O gp LOCATION: The site is located at 2365 E. Fairview R-15 R-410 I-L Avenue,near the half-mile mark between SCR-4 1 RUT N. Eagle Road and N. Locust Grove R-1.5 CIL �a Road,in the NE 1/4 of the NW 1/4 of RIL-0O C-G Section 8,Township 3N,Range I L-O� (R7104250004). C-G I.L�C G�� R1�m C-G C-G, L PROJECT DESCRIPTION Development Agreement Modification(MDA)to amend the existing agreement(DA Inst. 4104027941)to remove the subject property from this agreement for the purpose of allowing the property to develop consistent with the allowed uses in the existing C-G zoning district. Currently, the recorded DA requires conditional use permit approval for all future uses prior to development on the property. NOTE: City Council approved the subject MDA on January 3'. After the hearing,it was discovered that this property did not include the entire boundary of the property that was part of the original DA. Staff met with the applicant to discuss all of the options. Both staff and the applicant agreed that the best course of action was to update the staff report and renotice/reschedule the project. Staff has prepared Findings in the affirmative for Council's approval since the project did not have any public testimony or Council discussion during the previous hearing. Pagel IL SUMMARY OF REPORT A. Applicant: Richard Wilmot—3130 W. State Street,Boise,ID 83703 B. Owner: Mauricio and Ilene Garcia—4863 N. Larkwood Place, Meridian,ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Cortabitarte Development Agreement (Inst. 4104027941) to remove the subject property from the existing development agreement. When this property was originally annexed it included the I-L property directly south of the subject property. Since the applicant wasn't able to obtain the property owner's consent to amend the terms of the original DA,a new DA is being requested so the property can develop consistent with the C-G zoning district without the need of obtaining CUP approval for every use. Below is the legal description and exhibit map of the C-G zoned property attached to the original annexation ordinance.This is the area that will be subject to the new DA. A concept plan was submitted showing how the property could potentially develop. The new DA will not include this as an exhibit,it is meant for illustrative purposes only. Due to the size of the property, compliance with the City's design standards,and the inclusion of staff's other recommended DA provisions, staff believes the inclusion of a concept plan is not warranted. The proposed site plan depicts a mix of retail,restaurants,a drive-through,and associated site improvements. Because the site has the potential to develop with multiple drive-throughs and restaurants, staff has analyzed the parking on the plan using the restaurant standards requiring one (1)parking stall for every 250 square feet(UDC 11-4-3-49)of gross floor area to ensure adequate parking. Per this standard, 68 parking stalls would be required if the site develops per the submitted concept plan. Currently,the plan depicts 50 parking stalls. Therefore, staff recommends adding a provision to the Development Agreement to address potential parking issues by requiring a parking ratio of 1 parking stall for every 250 square feet of gross floor area regardless of the use. Currently,the City is processing a CZC and DES application for a drive-through use on the west boundary in the Pine 43 development. If the abutting property does develop with a drive-through,the proposed drive-through would be within 300 feet of another drive-through which would require CUP approval. Access to the property is proposed from E. Fairview Avenue; a shared access drive with the property to the east(R8525101800). Staff has reviewed the Pine 43 Development Agreement(42018-000751) conditions of approval and cross-access was required to be provided to this property for future cross- access and interconnectivity between the two commercial areas. The plan as submitted doesn't contemplate the cross access with the adjacent property. Staff recommends the applicant grant cross access with the adjacent property to improve interconnectivity. Staff recommends approval of the development agreement modification for the purpose of entering a new agreement with the provisions in Exhibit A below. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. 9104027941) as recommended by Staff's analysis above and with the specific changes below. V. EXHIBITS A. Legal Description and Exhibit Map EXHIBIT"A" Desert Jack G.Cartabitarte aad Isaac F.C'artabitarte Lot I of Pleasant Vaitey Subdivision,according to the play thaeof,fiiad in Book 12 of Ptak,page 665 in the office of the county roarder of Ada County,State of Idaho. DMLOPMEPR`AGREDAENT( 3.OD) PAGE 15 OF I S rt t•_sR�� x aar or RTWNC $ w] 6 5 7 8 ' mA e aR96'OSED PANE c cZi l� Q I aT i 1 k.1Y31.Ill d �NLiIR>D"� •I �I5iva10M9D7 is �N A I S�4L Y1 LOT 2 R_I I Q. s ¢� Wo LfiN�tr um HFIE LOT 1 RW 9fAACLS FlYI04 ffiSD ics F i 61C 1,I mgw ; go r 1 wYms' I— eo �1 I rAoraa M L zmrs I I v��tr`v I � cm u+rs azwue F�`A✓'S'7gp1TA55� � �� LOT S TDDD mfth S a NM M M;bta m I 1 I I � LOT a 03=PMttp FRECMUS ODDowslDmco 9LOCK 2 RUT LOT 7 Wo"K owm RTIUMM570 ANNEXATION EXH101T BRIGGS ENGINEERING,MC. FOR JACK CORTABITARTE g g� i A PORTION OF LOT 1, PLEASANT VALLEY SUBDIVISION i+'C6y S��M_97oo LOCATED IN THE UW 1/4 4F SECTON E, T,3H„ a,iE., O,m I MERIDIAN ADA COUNTY, MDAHO Ima W.ovv ND RDAD•6W IMHO 3V7, ova OATS oss R0. SCALP: 09/22/03 Csu 20911 NTS EXHIBIT B. New Development Agreement Provisions Recommended by Staff: Add a new DA provision-A cross-access/ingress-egress easement shall be granted and the shared driveway constructed to Parcel#R7104250566(Pine 43 Subdivision)to the west.A copy of the recorded easement shall be submitted with the first certificate of zoning compliance application. Add a new DA provision—Parking for the development shall be based on the parking ratio of one (1)parking space for every two hundred fifty (250) square feet of gross floor area regardless of use. C. Conceptual Site Plan(reference only): Chrysalis ----------------------------------- AVENUE------- —_—_—___—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_- ksC. ..wAoo..,r..q,,.m BUILDING#2,081 t SQUARE t '� L 9.r i=»-y U,•I�S:Ir FEET n BUILDING#2 SQUARE FEET rUiuxe PARKING 1 S �6.. ^>• SPACES F ' Ls PARKING' esTnuwwr ¢ Of U r s I I — t= ¢l = , c BUILDING#3 � � ''n - _w _ - � § f i s3'e;x s s��.i --F-�- - ! 6.336 e 4 5 ➢' if I SQUARE F »� ' FEET .. E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Prairiefire Subdivision H-2022-0053) Between the City of Meridian and Providence Properties, LLC for Property Located at 3539 N. Locust Grove Rd. ADA COUNTY RECORDER Trent Tripple 2023-033829 BOISE IDAHO Pgs=34 BONNIE OBERBILLIG 06/14/2023 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Providence Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 13th day of June , 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 Providence Properties,LLC,whose address is 701 S.Allen Street, Suite 104,Meridian, ID, 83642, 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 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 3.16 acres of land from the RUT (Rural Urban Transition) zoning district to 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 annexation and zoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and DEVELOPMENT AGREEMENT—PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE I OF 7 1.7 WHEREAS, on the 20'h day of December, 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 deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the 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 Providence Properties, LLC, whose address is 701 S. Allen Street, Suite 104, Meridian, Idaho, 83642, hereinafter called OWNER/DEVELOPER, the parry 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. 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. DEVELOPMENT AGREEMENT-PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE 2 OF 7 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 generally consistent with the preliminary plat, landscape plan,common open space/site amenity exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall work with ACHD to provide Contractors the ability to use a temporary construction entrance off of Locust Grove during subdivision construction. C. Homes with bonus rooms constructed on Lots I-10, Block I abutting the Quenzer Commons Subdivision along the north boundary shall only have second-story windows on the street-facing elevations. 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 of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies.In the event of default by Owner/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 67-651 IA, have the right, DEVELOPMENT AGREEMENT-PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE 3 OF 7 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. hi 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 terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,including all of the Exhibits, and submit proof of such recording to Owner/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 the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. DEVELOPMENT AGREEMENT-PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE 4 OF 7 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: Providence Properties, LLC 701 S. Allen Street, Suite 104 Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,including City's corporate authorities and their successors in office. This 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 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. DEVELOPMENT AGREEMENT-PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE 5 OF 7 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: hi 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] DEVELOPMENT AGREEMENT-PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Providence Properties,LLC By: Mire44 Agora m Its: 4,e.-' STATE OF IDAHO ) ss: County of Ada ) \\ On this G day of U LWNU 2023, before me,the undersigned, a Notary Public in a d for said State, personally appeared Mj-}ck1 yn , known or identified to me to be the Lk of Providence Properties, LLC and the person who signed above and acknowledged to me that they executed th 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. E T IAb1CkJNSON Nota y Public ALIC-STATE OF IDAHO My Commission Expires:- 02ON NUMBER 20225832 SION EXPIRES 12-14-2028 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 6-13-2023 Chris Johnson, City Clerk 6-13-2023 STATE OF IDAHO ) ss County of Ada ) On this 13th day of June ,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. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—PRAIRIEFIRE SUBDIVISION(H-2022-0053) PAGE 7 OF 7 EXHIBIT A I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Prairiefire Subdivision Annexation Boundary Description Project Number 22-165 May 4, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the southeast corner of Section 31, Township 4 North, Range 1 East, Boise Meridian which bears S00°31'11"W, 2659.04 feet from the east quarter-section corner; Thence N00°31'11"E, 1059.08 feet along the east line of the southeast quarter of the southeast quarter of Section 31 to the POINT OF BEGINNING: Thence N89°46'17"W,661.38 feet to the east boundary of Heritage Grove Subdivision No. 4(Book 111 of Plats at Pages 15913 through 15915, records of Ada County, Idaho); Thence N00°34'07"E, 270.44 feet along the east boundary of Heritage Grove Subdivision No. 4 to the south boundary of Quenzer Commons Subdivision No. 6 (Book 91 of Plats at Pages 10710 through 10712, records of Ada County, Idaho); Thence S89°46'17"E,474.39 feet along the south line of Quenzer Commons Subdivision No. 6 and Brockton Subdivision (Book 93 of Plats at Pages 11101 and 11102, records of Ada County, Idaho); Thence S00°31'11"W, 220.44 feet; Thence S89°46'17"E, 186.76 feet to the east line of the southeast quarter of the southeast quarter; Thence S00°31'11"W, 50.00 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 3.16 acres, more or less. ND 11 34 s Page 1 of 1 ctigEi S �y� I I I Heritage Grove O Subdivision N No. 4 O I O N00'34'07"E 270.44' (A C ° O II L(D Iw O � . I rn I o - R — _ � o - U ---Icn -U -0 — CD o m 0 0 3 N j p CCD_ m U) O — r. 7 r+ C6 r cD O) c6 C y � CD a) -0: 0 CD 0 d1 Off = N D W C O m a Z M N oo D a 10 m , N � /r C' c N 3 W/ O O N 0 TT — - m NN V// A m;E 4om o O vmv W mD 00 V� N AN rn w v PRO z ' -U X \' 0 3 c" S00'31'11"W 220.44' X_ CD LT �� _ o I 3 o (DD o 0) 0 o � D o m o m ° o o _M m l �. '.. En X :3 ,+ m CD (A OD mi I o. 0 0 n Cn CY) y v � a p o �13 j. o - Cl o a q rni Cf) w cn cn �A \_ \ CA1059.08' 220.44' (A rn 1329.52' C4 v N. Locust Grove Rd. V n N N O N N 0 S00'31'11"W 2659.04 N g o o Basis of hearings I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Prairiefire Subdivision R-8 Zone Boundary Description Project Number 22-165 May 4, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the southeast corner of Section 31, Township 4 North, Range 1 East, Boise Meridian which bears S00°31'11"W, 2659.04 feet from the east quarter-section corner; Thence N00°31'11"E, 1059.08 feet along the east line of the southeast quarter of the southeast quarter of Section 31 to the POINT OF BEGINNING: Thence N89°46'17"W, 661.38 feet to the east boundary of Heritage Grove Subdivision No. 4(Book 111 of Plats at Pages 15913 through 15915, records of Ada County, Idaho); Thence N00°34'07"E, 270.44 feet along the east boundary of Heritage Grove Subdivision No. 4 to the south boundary of Quenzer Commons Subdivision No. 6 (Book 91 of Plats at Pages 10710 through 10712, records of Ada County, Idaho); Thence S89°46'17"E,474.39 feet along the south line of Quenzer Commons Subdivision No. 6 and Brockton Subdivision (Book 93 of Plats at Pages 11101 and 11102, records of Ada County, Idaho); Thence S00°31'11"W, 220.44 feet; Thence S89°46'17"E, 186.76 feet to the east line of the southeast quarter of the southeast quarter; Thence S00°31'11"W, 50.00 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 3.16 acres, more or less. qN0 Fo 11 4 s Page Iofl OF ctigEL S �y� I I I Heritage Grove O Subdivision N i No. 4 O I I 0 N00'34'07"E 270.44' N C ° O FZ3CD� : • I o I I -P,CIO — � o w -U -U — m O CD CD O rt 0 'a CD r o CD CD U) O C D C-) CD COZD rn 0X2 N = C p CD C Z °' � m 10 m ' E CD r— N rn v m � N m G Y W'^ � lC1G� 41 fill ��•a)� — — p m F V) mom 2 m L4 o0A 00 �r N O 1 N b 3 P o CD m - z =' x '- 0'�� X CD o �"W a S00'31'11"W 220.44' j; y �' r+ �� ay NI M 00 o \ � I � 0 p I 00 � S � o CD i a o 0) � I w or CA 0 0 p M C _ N �I �« 7 rf � o N LO CD Cp a M 0 �, �' v sm O = p 0 rn CD -1 a p � JI U) o �I m N Sj (n C/) -,, W 1059.08'_ _ _ _ _ _ 220.44' _ _ _ 1329.52_ N . � c,� N. Locust Grove Rd. Cn N N W N o N ALa CD N $00'31'11"W 2659.04' N g o �o Basis of hearings s89°46'17"e 474.39 : yr v, OCIj M M C N O N O s89°46'17"e 186.76 661.38 n89°46'17"w "r. OF Prariefire Annexation & Rezone Closure 5/4/2022 Scale: 1 inch= 100 feet File: Tract 1:3.1603 Acres(137661 Sq. Feet),Closure:n00.0000e 0.00 ft. (1/999999), Perimeter=1863 ft. 01 n89.4617w 661.38 02 n00.3407e 270.44 03 s89.4617e 474.39 04 s00.3111 w 220.44 05 s89.4617e 186.76 06 s00.3111 w 50 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI DIAN�- AND DECISION&ORDER In the Matter of the Request for Annexation of 3.16-Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 22 Building Lots and One(1) Common Lot on 3.16-Acres of Land for Prairiefire Subdivision,by Hubble Homes. Case No(s).H-2022-0053 For the City Council Hearing Date of: December 13, 2022 (Findings on December 20, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 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(Prairiefire Subdivision—H-2022-0053) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 13,2022,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 with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of December 13,2022,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 11-6B-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 Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the 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(Prairiefire Subdivision—H-2022-0053) -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 11(UDC 11-513-6F). 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 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 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 § 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 December 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prairiefire Subdivision—H-2022-0053) -3- By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simi 12-20-2022 By Brad Hoaglun, Council President Attest: Chris ohnso 1Q- 2 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: ChaaLz4`` i )u Dated: 12-20-2022 City Clerk's Office - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prairiefire Subdivision—H-2022-0053) -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT A H O HEARING December 13 2022 DATE: Legend ' L aProject Location TO: Mayor&City Council - ----- ------ FROM: Bill Parsons,Current Planning Supervisor 208-884-5533 ® �� 21 SUBJECT: Prairiefire H-2022-0053 LOCATION: 3539 N. Locust Grove Rd.,near the v Q northwest corner of E.Ustick Rd. and N. a Locust Grove Rd.,in the SE '/4 of the SEFEE '/4 of Section 31,Township 4N,Range a 1E. (Parcel 4S0531449500) L PROJECT DESCRIPTION Annexation of 3.16 acres of land with an R-8 zoning district; and preliminary plat consisting of 22 building lots and 1 common lot on 3.16 acres of land in the R-8 zoning district for Prairefire Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.16 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag 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) 22 building/1 common Phasing plan(#of phases) 1 Number of Residential Units(type 22 single-family detached units of units) Density(gross&net) 6.96 units/acre(gross) Open Space(acres,total[%]/ 0.37 acres buffer/qualified) Amenities 0.37 acres of common area with a 5' micropathway providing pedestrian access to the commercial property and Locust Grove Physical Features(waterways, None hazards,flood plain,hillside) B. Community Metrics Description Details Pa e Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing There is(1)existing stub street to this property from the west(i.e.E.Prairiefire Conditions Street). • CIP/IFYWP • Locust Grove Road is listed in the IFYWP and CIP to be widened to 3-lanes from Ustick Road to McMillan Road with design in 2025 and construction in the future. • McMillan Road is listed in the CIP to be widened to 34anes from Meridian Road to Locust Grove Road between 2031 and 2035 • Meridian Road is listed in the CIP to be widened to 3-lanes from McMillan Road to Ustick Road between 2026 and 2030 • The intersection of Locust Grove Road and Ustick Road is listed in the CIP to be widened to 7-lanes on the north leg,6-lanes on the south,6-lanes east,and 6-lanes on the west leg,and signalized between 2026 and 2030 Access(Arterial/Collectors/State Access is proposed via the extension of existing stub street from the H /Local)(Existin and Proposed) adjacent neighborhood. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comments received. AM West Ada School District No comments received. Distance(elem,ins,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services I As per Master Plan,sewer must connect to the east from Locust Grove Road • Sewer Shed • Estimated Project Sewer Additional 1224 gpd committed to model. ERU's • WRRF Declining Balance WRRF decline balance is 14.42 MGD. • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Connect water to existing main at fire station instead of connecting to North Locust Grove Road. • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX II I - • - • 11111111111 � - • - • � '�3. 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Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 9/21/2022 11/27/2022 Radius notification mailed to property owners within 500 feet 9/15/2022 11/13/2022 Public hearing notice sign posted 10/18/2022 11/25/2022 on site Nextdoor posting 9/15/2022 11/28/2022 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 3 to 8 dwelling units per acre. The subject property is an enclave surrounded by single-family residential properties to the west and north and a church to the south with limited office to the east,located on land also designated MDR on the FLUM. The Applicant proposes a 22-lot subdivision for single-family residential detached homes at a gross density of 6.96 dwelling units per acre,which is within the desired density range of the MDR designation. 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 will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes currently exist to the north and west, commercial is located to the north, a church is located to the south, and a Meridian Fire Station #3 is located directly to the east. This development is proposed to bean age-restricted 55+community and the applicant's narrative states they have an agreement in place to merge this development with the Heritage Grove HOA. • "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. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices."(3.07.01A) The proposed medium-density single-family homes contribute the variety of residential categories within the surrounding area as desired. However,staff finds a better transition could be achieved along the north boundary. Staff recommends that the applicant remove Lot H,Block I along the northern property boundary so the lots can be widened for a better transition and provide more visibility on the pathway connection to the commercial development. • "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 proposed infill development will likely not impact the existing abutting homeowners to the west and north in this development, although, there could be some incremental impacts associated with lot sizes proposed along the north, the impacts associated with this development are already primarily established and there would be negligible impacts on the single family residential to the west. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.01D) A 5-foot wide sidewalk is required along both sides of E. Prairiefire Street to provide a link between Prairiefire Subdivision and Heritage Grove Subdivisions. Additionally, a 5-foot wide micro- pathway is proposed on the west side of the development providing access to the commercial subdivision to the north and N.Locust Grove Road. • "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 and other outbuildings 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 3.16 acres of land with an R-8 zoning district. 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. A preliminary plat was submitted showing how the property is proposed to be subdivided and developed with 22 single-family residential detached dwelling units at a gross density of 6.96 units per acre (see Sections VIILB,E). 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. The subject property is an enclave surrounded by existing single-family residential detached homes to the north(Quenzer Commons),west(Heritage Grove),east(Summerfield),church to the south and office park to the north. As noted above in Section V,development of infill properties is supported provided it doesn't negatively impact the abutting,existing development. 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 22 building lots and 6 common lots on 3.16 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 4,002 to 4,938 square feet(s.f)(or 0.091 to 0.113 acres). The proposed gross density of the subdivision is 6.96 units per acre. The subdivision is proposed to develop in a single phase as shown in Section VIII.B. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to be removed with the development. 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. Access: Access is proposed from the extension of the existing local stub street(i.e.W. Prairiefire St.) from the west. Access is prohibited from N.Locust Grove Road. Landscaping(UDC 11-3B): A 25-foot wide buffer is required along material roads per UDC Table II- 2A-6. Common open space landscaping is proposed as shown on the landscape plan in Section VIILC. All micro-pathways shall meet the requirements of UDC 11-313 including landscape strips of at least 5- feet in width on either side and one tree per 100 linear feet per the standards listed in UDC 11-3B-12C, the landscape plan should be revised accordingly. A Tree Mitigation Plan shall be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-10C.S. Common Open Space&Site Amenities (UDC 11-3G-3): Because this site is below 5 acres in size, open space and site amenities are not required per UDC 11-3G-3A.However,the Applicant is providing 0.37 acres (16,117.20 square feet)of common area to provide pedestrian access to the commercial properties located to the north and N. Locust Grove Road to the east. This area will be landscaped with trees, shrubs,and include a 5-foot miccopath. Staff recommends that the applicant remove Lot 11,Block 1 along the northern property boundary.The mircopath connection on the northern portion of the common lot adjacent to the commercial development is hidden behind Lot 11,Block 1 creating a potential safety issue for pedestrians. Pedestrian pathways on common lots shall be designed to reduce the incidence of crime and improve the quality of life. Sidewalks (11-3A-17): Five-foot wide attached sidewalks are proposed along E.Prairiefire Street cul- de-sac and a detached sidewalk along N. Locust Grove Road within the development in accord with UDC standards. Fencing: The landscape plan includes a fencing plan. The plan includes 6-foot-high solid vinyl fencing along the western periphery of the site along the east side of common lot 12 adjacent to the adjoining commercial property; 6-foot tan vinyl fencing with 2-feet of open vision screening is depicted on one side of the common open space along the micro-pathway. The fencing appears to meet the requirements of 11-3A-6 and 11-3A-7. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. 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. The applicant intends on connecting to the existing pressurized irrigation system developed with the Heritage Grove Subdivision. 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 follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: Six(6) conceptual building elevations were submitted that demonstrate the style of homes proposed for this development(see Section VIILF). A mix of single-story and single-story with a bonus room homes are proposed; however, staff believes the proposed elevations are not consistent with the Heritage Commons Subdivision development. Staff has included a few sample elevations below that demonstrate the style of the homes in the Heritage Grove development. Therefore, Staff recommends the Applicant submit revised elevations that are consistent with the homes within the Heritage Commons Subdivision prior to the Council hearing. 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 November 3,2022. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Sutmnary of Commission public hearing_ a. In favor: Patrick Conner,Applicant/Developer:Michael Rusnack,President of Heritage Grove HOA: b. In opposition: Judie Dietzler,Kevin Emery,Willie Uhrig,Moscelene Sunderland,Doug Brown,Gerard Gladu, C. Commenting: Noted above: d. Written testimony: Doug Sayers e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor. 2. Ke, ids)of public testimony a. Sin lg a-story with a loft will essentially create a second story causing privacy issues, b. Contractors use a temporary construction entrance off of Locust Grove during subdivision construction: C. Concerns over Heritiage Grove HOA's ability to provide enough irrigation water, d. Consistent with home elevations in the Heritage Grove Subdivision and whether the propsed homes fit on the lots: C. Removing Lot 11,Block 1 to create a better transition on the northern boundar. 3. Key issue(s)of discussion by Commission: a. HOA responsible for maintaining the landscaping in the front/back yards- b. Concerns about ensuring that the elevations are compatible with the Heritage Grove Subdivision; c. The pathway to the north is a requirement as part of the Conditional Use Permit approved with the commercial business park to the north: d. Proposed homes will fit on the lots with the removal of Lot 11,Block 1. 4. Commission change(s)to Staff recommendation: a. The Applicant shall work with ACHD to try to obtain a construction entrance off of Locust Grove during construction of the subdivision. 5. Outstanding issue(s) for City Council: L. The Applicant shall provide revised elevations that are more consistent in style with the Heritiage Grove Subdivision homes prior to the City Council Hearing. C. The Meridian City Council heard these items on 12/13/2022. At the public hearing.the Council voted to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Patrick Connor,Applicant/Developer;Michael Rusnack.President of Heritage Grove HOA: b. In opposition: Judie Dietzler,Willie Uhrig, Gerard Gladu C. Commenting: Noted above d. Written testimony: None C. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on the application: None 2. Key issue(s)of public testjmonv: a. Single-story with a loft will essentially create a second story causing privacy issues: b. Contractors use a temporary construction entrance off of Locust Grove during subdivision construction_ c. Removing Lot 11,Block 1 to create a better transition on the northern boundary_ 3. Key issue(s)of discussion by City Council: a. Contractors use a temporary construction entrance off of Locust Grove during subdivision construction_ b. Restriction on windows facing north, east. and west on bonus rooms of homes along the northern boundary of the site- 4. City Council change(s)to Commission recommendation: a. The Applicant shall work with ACHD to provide Contractors the ability to use a temporary construction entrance off of Locust Grove during subdivision construction_ b. Remove Lot 11.Block 1 along the northern boundary to provide a better transition in lot sizes to the north: inclusion of DA provision that homes with bonus rooms constructed on Lots 1-10.Block 1 abutting the Ouenzer Commons Subdivision along the north boundary shall only have second-story windows on the street-facing elevation. VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map • IDAHO 9955 W Emerald St SURVEY Boise, ID $3704 Phone: 1208►846-8570 GROUP Fax: 12081 B84.5399 Prairieflre Subdivision Annexation Boundary Description Project Number 21.165 May o,2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 31, Township 4 North.Range 1 East,Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the southeast comer of Section 31, Township 4 North, Range 1 East. Boise Merid-4n which bears SOW31'11"K 2659.04 feet from the east quarter-sectein corner, Thence N00'31'11"E,1059 08 feet along the east line of the southeast quarter of the southeast quarter of Section 31 to the POINT W BEGINNING: Thence N89'46 17'1V,661.38 feet to the east boundary of Heritage Grove Subdrvnsion No 4(Booa 111 of Plats at Pages 15913 throtigh 15915,records of Ada County,Idahol, Thence N00`34071,270-44 feet along the east boundary of Hrr,tagr Grove 5ubdiviwn No.4 to the south boundary of Quencer Commom Subdivisior•No.6 1 Book 91 of Plats at Pages 10710 through 10712,records of Ada County.Idaho); Thence 589'46'lr'E,474.39 feet along the south We of Quenrer Commons SubgYvislon No.6 and Brockton Subdivision(Book 93 of Plats at Pages 11101 and 11102,records of Ada County,Idahol: Thence 500'31'11"W,220 44 feet, Thence S89'46'17'1,186.76 feet to the east line of the southeast quarter of the southeast quarter; Thence 500'31'11'W,50.00 feet abng the east line of the southeast tljarter of the southeast quarter to the POINt Of 15WINNING The above-described parcel contains 3 16 acres,more or less. v rA 11 4 Pope I of! J- . , | £emiag. Crag | . 4 | NOO'3aVO7wE2 :4 m f | � ■ ! | | ? . . . � ■ � � | - § a / k 90 ■ | ; $ 2 Q -C ■ 0 | IF - � § �| k |% ■ PRO IL �: m . Z _ . � ? k % » . • } S 5q1 a4 � } ° � _ | M+ _k § &| � ■ m � � � ;� § E2 k ka 9! \ | 7 � \ \� LA L ,� - ---220.�� . N. Locust Grove Rd - ¥. ........ I-p-� ® B. Preliminary Plat(dated: 6/15/22) PRELIMINARY PLAT SHOWING OCELPRARIEFIRE SUBDIVISION 4FYEL4S9 O A BEINGLOCATED THE SE DMFENE SE SECTION 43N..RJE.,B.M., R101AN.ADA COUNTY,IDHO 2022 d C l7 lit 4 �i --.— �Y•:rz�rzz:rz r.. �. :rz Paz sz�ss��° x•• �� 'I i t!! Hai! i,,� I L j, fI' ,...•.. .22 Qli! �:*� m.w lit j!� ppli 3�Q l�s�e Iif ��P1.0 C. Landscape Plan(dated: 6/16/2022) iL VCINRY MAP itI j rpm I. VP'" EVRNRIEF�tliEST. II }- �� ec..w ► �pi !y -- � � LANDSCAPE LEGEND Zo ' t �', ' l PLANT SCHEDULE. P � .� .... e.. .� 7m >MDSCAPE PLAN 110 LANDSCAPE NOTES IRRIGATION NOTES: SITE DEVELOPMENT FEATURES LANDSCAPING INFORMATION e CALLOUT LEGEND G ....e.....,..........7_-- DISCLAIMER •`•••••••� •,•,•••�"p—,•�••—••••• «•`•�•'•• •--•••w•m•v « 3EE5MEETU0FORIANOSCNPEOEfAU LI.0 r� Fool n PLANTER BED CUTEDGE S. .a I L� n PERENNIAL 8 GROUNDCOVER PLANTING 1 SHRUB PLANTING .._«...,.,.... ^DECIDUOUS TREE PLANTINGa„ e D. Conceptual Building Elevations Preliminary Prairiefire Home Elevation Examples n L - � 1 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 IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan,common open space/site amenity exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall work with ACHD to provide Contractors the ability to use a temporary construction entrance off of Locust Grove during subdivision construction. c. Homes with bonus rooms constructed on Lots 1-10.Block 1 abutting the Ouenzer Commons Subdivision along the north boundary shall only have second-story windows on the street- facing elevations. 2. The final plat shall include the following revisions: a. Remove Lot 11,Block 1 to increase the size of all lots along the northern property boundary to provide a better-quality transition with the existing homes in the Quenzer Commons Subdivision and increase visibility on the micropath connection to the commercial development to the north. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict landscaping along the micropath in accord with the standards listed in UDC 11-3B-12C. b. Remove Lot 11,Block 1 along the northern property boundary so the lots can be widened for a better transition and provide more visibility on the pathway connection to the commercial development. c. 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.S. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyoritagmeridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. 4. 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. 5. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2a-6 for the R-8 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Direct lot access to N. Locust Grove Road is prohibited in accord with UDC 11-3A-3. 9. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 10. The Applicant shall submit revised elevations that are consistent with the homes within the Heritage Commons Subdivision prior to the Council hearing. 11. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14. 13. The preliminary plat approval shall become null and void if the applicant fails to either: 1)obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 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 casements 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 casement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The casement widths shall be 20-feet wide for a single utility,or 30-fect wide for two. The casements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The casement shall be graphically depicted on the plat for reference purposes. Submit an executed casement(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 casement(marked EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B) for review.Both exhibits must be scaled, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All casements 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. 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 https://weblink.meridiancity.orgj ebLink/DocView.aspxTid 270452&dbid 0&repo—Meridian Cityl%2 0 D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT No pathway requirements F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) NMID Comments G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancity.org/WebLink/DocView.aspxTid 269136&dbid 0&repo Meridian City H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orgj ebLink/DocView.aspxTid 269137&dbid 0&repo Meridian City&cr 1 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; 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 6.96 units per acre is consistent with the density desired in the MDR designation for this property; the 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 district, specifically the purpose statement; 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; 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 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. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. B. Preliminary Plat(UDC 11-613-6) 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) Council finds the proposed plat is in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; 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; Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; 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 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) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Sessions Parkway H-2022-0046) Between the City of Meridian and GFI - Meridian Investments, LLC for Property Located at 2700 N. Eagle Rd. ADA COUNTY RECORDER Trent Tripple 2023-033831 BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 06/14/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 13th day of June , 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 GFI— Meridian Investments, LLC, a Utah limited liability company, whose address is 74 E 500 S, Ste. 200, Bountiful, Utah, hereinafter called"OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 2700 N. Eagle Rd., Meridian, Idaho 83646, and described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-651 lA provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit"A" from an existing Development Agreement originally recorded in Ada County on December 20, 2017 as Instrument 92017-121321 (and subsequently re-recorded on July 21, 2022 as Instrument No. 2022-065403 to correct scrivener errors and document completeness), and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page( 1 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before 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 development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 17t'of January, 2023, 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, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Inst. 92017-121321 and subsequently re-recorded as Instrument 92022-065403) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification 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 designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 12 3.2 OWNER/DEVELOPER: means and refers to GFI—Meridian Investments, LLC, whose address is 74 E 500 S, Ste. 200, Bountiful, Utah 84010, the parry that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument 92017-121321 and subsequently re-recorded as Instrument 92022- 065403, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses 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 The subject property shall no longer be subject to the terms of the Development Agreement (DA) (Inst. 92022-065403, MDA-15-012) for Village Apartments and shall instead be subject to a new agreement. The new DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting approval of the amendment. The specific provisions for the new DA are as follows: a. Development of this site shall be generally consistent with the conceptual development plans approved by City Council and the conditions of approval included in Section VIILA and include the following: i. Specific details for the integrated plaza/open areas shall be provided with the first certificate of zoning compliance. The applicant can relocate open space/plaza areas depicted on the plan with director approval once specific tenants are known. ii. On concept plan option 1, some or all of the buildings along the eastern boundary may be rotated and/or relocated and a shared plaza area/green space added to a more central location within the development for better integration, including a central pathway connection to the open space and front pad sites. iii. If the site develops consistent with concept plan option 2, the applicant shall construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the drive aisle of the multi-family portion of the development(SWC of the Village Apartments)to enhance pedestrian connectivity. DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 13 b. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application for the site. c. A 25-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses, landscaped per the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council. Construction of the buffer may take place with lot development. d. Pedestrian connections shall be provided between the subject property and the future residential development to the east, the commercial properties to the north and south and to the multi-use pathway along N. Eagle Rd./SH-55 in accord with the approved pedestrian plans. Pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4. e. Traffic calming shall be provided within the site between the subject property and the residential development to the east. f. Provide trash enclosures within the development capable of housing containers for both solid waste and recyclable materials in accord with MCC 4-1-4. g. City Council approved the request for a right-in/right-out access via N. Eagle Rd./SH-55 contingent upon final approval from ITD in accord with UDC 11- 3H-3. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings 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's 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. hi the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 14 hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the 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 an 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 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance 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. 10. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 15 13. 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 Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: GFI—Meridian Investments, LLC 74 E 500 S, Ste. 200 Bountiful, Utah 84010 13.1 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. 14. 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. 15. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 16. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 17. 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. 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 19. 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) DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 16 challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt 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] DEVELOPMENT AGREEMENT-SESSIONS PARKWAY(H-2022-0046) Page 17 IN WITNESS WHEREOF, the parties have herein executed this Development Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GFI—Meridian Investments, LLC, a Utah limited liability company, By: Trevor Gasser,Mai ages CITY OF MERIDIAN ATTEST: By: By: Mayor Robert E. Simison 6-13-2023 Chris Johnson, City Clerk 6-13-2023 State of a_LvC County of --Ma— This record was acknowledged before me on , 2023 by Trevor Gasser, as Manager of GFI—Meridian Investments, '0 �. Signature of taffy public = :�° 40TARy (Stamp) "UBL1C My conunission expire o310;�or�1;:',� 9 ••. '�'••.TF OF tp ' State of Idaho County of Ada This record was acknowledged before me on 13, June_,2023 by Robert E. Simison and Chris Johnson, as Mayor and City Clerk, respectively, of the City of Meridian. Signature of notary public (Stamp) My commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—SESSIONS PARKWAY(H-2022-0046) Page 8 EXHIBIT A km E N G I N E E R I N G May 14,2020 Project No. 17-169 Legal Description Parcel B A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 4, which bears N00'36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4; Thence following the westerly line of said Northwest 1/4, S00'36'00"W a distance of 1385.13 feet; Thence leaving said westerly line, S89'51'36"E a distance of 70.01 feet to a found 5/8-inch rebar marking the southwest corner of Southeast Corner Marketplace Subdivision No. 1 and being the POINT OF BEGINNING. Thence following the southerly boundary line of said Southeast Corner Marketplace Subdivision No. 1, S89'51'36"E a distance of 479.48 feet to a set 5/8-inch rebar; Thence leaving said southerly subdivision boundary line, S00'37'57"W a distance of 565.59 feet to a set 5/8-inch rebar on the northerly subdivision boundary line of Bach Subdivision; Thence following the northerly subdivision boundary line the following two (2) courses: 1. N66'18'52"W a distance of 251.97 feet to a found aluminum cap; 2. S84'26'08"W a distance of 17.13 feet to a found 5/8-inch rebar marking the northwest corner of said Bach Subdivision; Thence leaving said northerly subdivision boundary line, S84'26'08"W a distance of 114.63 feet to a found 5/8-inch rebar; Thence N53'04'00"W a distance of 144.06 feet to a found 5/8-inch rebar on the easterly right-of-way line of N. Eagle Road; Thence following said easterly right-of-way line, N00'36'00"E a distance of 391.77 feet to the POINT OF BEGINNING. Said parcel contains 231,902 Sq. Ft. (5.324 acres), more or less,and is subject to all existing easements and/or rights-of-way of record. All subdivisions, deeds, record of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. \1)jNL LANDS i \'�C E N 5F0 � GAG 666 9233 West State Street • Boise, Idaho 83 �4 •,208.639.6939 ® kmengllp.com RECORD OF SURVEY PROPERTY BOUNDARY ADJUSTMENT FOR ROS No. 12-0123 GFI-Meridian Investments,LL.C. A PARCEL OF LAND SITUATED IN THE SOUTHWEST 1/4 OF THE NORTH WE5'1 1/4 OF SECTION 4, TOWNSHIP 3 NORTH,RANGE 1 EAST,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO. 2020 (k 0 IN 200 300 COMMENCEMENT N.Scale:V a IN FONT OE XORmwFST aRnm SECTION d FOV ND Bross CAP 32 33�F msr.N9.nlanalo LEGEND FOUXO ALVNMIN G.P.AS XOftO S Q 0 FOUND BRLSS CAP.AS NOTED ® SE82/B-INCH RLBAN NARKED ltslc U.mes Sup0 uRslon I ® F0UI1D Eff REBAR,AS IplEO f BIORI 1 1 o FOUND 1/2'REEAR.AS NOTED Lpa13 ROSNOIU1612 �'Ip I A CALCULATED PPNT S Southeast Corner 1 dipI PROPEF,aWaARY UK d' MalNelplaCe SUDdNiMan No.1 � �q S69.52'58-E 504.l' ](RE CAIMLL PARCEL LOT ME PC4R OF—NO P EL B BKK:k3 '� -M3S8''�`\ I ——— _ON UK FOUND s/' WHN 1 \ _ rtcan/aR1wnLI CF11rtRWF ASE'Xm YNM CAP NARKED \, —— ADdACENT BWNOARY ME �it(np B 889.5 i'38'E 179.I8' S89'51'36"E 220.67' g 13'PONER LINE EASEMFM ED00NAR PMIAERIWM I --————-----EASEMENT ME,AS HUMI P .N9. ulna FR Iry IR%GARON EASEFEM POHf OF BEC MNO PARCEL A IRIIICARON OISAWCr I I T~PER ahT.Na 8-1. MILK U1flLLL CENIERUNE 55' REFERENCES 13 UK AEUUSTEU PARCEL SOON—ME12 PFR INST.NOY11 d020081^� I Rl.RE SURVEY Na OF SUR Na 99a3,MOM OF ALL COUNTY,IC NO. Xo.91111n I I 'PONER 11.1MEN R I I R2 PU BA[31 T OF SUBOIN9011,BOOK 113 OF P1AT3 AT FFADESIII-PEN IXBT. I 166o8-1a61O,aEaROs OF wa.cauxtt.A- —PA EDECiJ9OWY UNE F—IA I Al PAT OF SOU—CORNER AVRKflPIKE SUBDF S No.1,BOOK 4gug 17 �- Pa 4tA 1L3784 AC 10 PAGES 02-1...RECORDS OF AM COUrtY. 5.329x AC I495,6365Aft) 1CANo. $I c --- (231.903 SON.) I RA PW OF MA NA9 S IDDWISN.BOOT(WS OF PUTS AT FADES I E55/FGRE55 EA I— OF ADA I A B� 1891-1]096.PECOROS CWNIY.IDANC. P ER IINST.No.75a99V1 I ¢^ RB CWNrvmmg1DEED IHSIMMwNT Ne.2016-028]05.RECORDS OF PDA ux LWETABLEmvw¢ I b 91 to PRIG41pN EASENENi o ("�ER INsr.EwX 9eozdam b E eEw1xD I 70' .A9'.. M'WIDl SEIrER AND L1 serslmat MCI i CERTIFICATE OF COUNTY RECORDER IPA EASEMENT L2 N 'SWE B3.77 s.No.1wwwla s I ss - 80 ICE RNLI W IS n ew'szYl 3).10 I "d'CDIINM a, I LBq Sew 4f;�' _^PER=nsr-�nm1 L9 xE, 'sz'w 7z.w I I INsmNE uNrNUNeEY L5 'OBYv 1a2w ��— 9e I �y q'� `� `�� LN N53w'00'k d0.06 gHEIEOY CFANY�T 1tl14 SURVEY FyLED AT 1H�E Op1E01A5T OF NN'] A"V'-l 17 E8719'211 15500 T��4..._NI Y LRSifE ANDxS011LY RECrAEDEO. 6LVNPND I \ RT fj¢ �� Ksl larox I 25M90 N.Eagle Rd. I \ a N89'IY08"W 680.75' 106 \ B19d1 ��` "'A1 I CERTIFICATE OF SURVEYOR L NELLT—1N DD NENEBY CENN.'Y RMT 1 AM A REO4 M F1t0FESA0TUI LAND SU-1.LICENSED ID'111E STATE Of 1-1 AND Q IIETCROUrM HAS BEEx PREPA OX µCM IN 'lU1L 41RVLY NME ON REPRf�FN_.of SNO 511RV 1 D 1HAT 1XN NAP IS AN ACplfuiE 5 FpIM 5/8 NCH Ia:e4t L LINO FWD 1/4COCOAF_P�SECIIOX N 956 PIS X115' WRF INST.No.113n780B C-W 1/1B CORNER Otw fN Wqin SURVEY NARRATIVE i 62 kin pHE PUl—CC OF THIS SURr 1s To uPICT MHE��SrNEM�F E..S ?OF oat E N G I N E E R I N G UPOA lnE REINACEMW OF REC A AND ORD OF AS SURVEY No.98BTN NO TXE RVEY IFIATSEO rF( KEH0.r'•o- 91�WPS1 iOM5TnaAFFT 0i—SUa0M 0H.SOUMUn COAKR NARKERIACE WSONFEICN,AND ox[NOel e18®N UEN NPS SUBDl L*l,u N WITn A A-IOF IDMNO SV63TANED16LLC0NF ftD INNCE W�INI"IECOKA WAS FOUND XD TO INOIX No.311-FA-3-0-00-00 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(DA)(Inst. #2017-0121321,Re-recorded as Inst.#2022-065403)to Remove the Commercial Portion of the Property from the Agreement and Enter into a New Development Agreement for the Proposed Project with an Updated Conceptual Development Plan; and Preliminary Plat Consisting of Five (5)Building Lots on 5.32-Acres of Land in the C-G Zoning District with a Request for City Council Approval of a Right-In/Right-Out Driveway Access via N.Eagle Rd./SH-55, by KM Engineering, LLP. Case No(s). H-2022-0046 For the City Council Hearing Dates of: December 13, 2022 and January 3, 2023 (Findings on January 17,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 3, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 3, 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(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 3, 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 a modification to the existing Development Agreement and Preliminary Plat is hereby approved per the provisions in the Staff Report for the hearing date of January 3, 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 11- 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 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 § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 3,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 17th By action of the City Council at its regular meeting held on the day of January , 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. S miso 1-17-203 Attest: � SEAL Chris Johnso f-474023 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Cha&ycWM 1-17-2023 Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY-MDA,PP H-2022-0046 STAFF REPORT E IDIA 4:--- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING January 3,2023 Legend 1 _ DATE: (Continued from December 13, 2022) �Pro-.,(-- Loco-or TO: Mayor&City Council "-A- FROM: Sonya Allen,Associate Planner ', 208-884-5533 ; SUBJECT: H-2022-0046 ---- w � Sessions Parkway—MDA,PP EE LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of Section 4,T.3N.,RJE. Parcel# S 1104233650 L PROJECT DESCRIPTION Modification to the existing Development Agreement(DA) (Inst. 92017-0121321,re-recorded as Inst. 92022-065403)to remove the commercial portion of the property from the agreement and enter into a new DA for the proposed project with an updated conceptual development plan; and Preliminary Plat consisting of five (5)building lots on 5.32 acres of land in the C-G zoning district with a request for City Council approval of a right-inhight-out driveway access via N. Eagle Rd./SH- 55. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 5.32 Existing/Proposed Zoning C-G(General Retail and Service Commercial) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Commercial pads with a fuel sales facility Lots(#and type;bldg./common) 5 building/0 common Phasing Plan(#of phases) None(to be constructed in one phase) Number of Residential Units(type 0 of units) Physical Features(waterways, The Finch Lateral runs along the southern boundary of the hazards,flood plain,hillside) site within an 80'wide easement(40'from centerline each side)as depicted on the plat. Neighborhood meeting date: 3/23/22 History(previous approvals) AZ-03-021;AZ-15-012;AMA-15-011;DA Inst. 92022- 065403;A-2020-0115(PBA ROS#12423) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no West Ada School District No comment have been received. Police Department No comment have been received. Fire Department No comments have been received. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend 0 - J ' Loco-cr, (��P•�ec' Loco-cf -kV L Commercial � R6ide`hfial;-T P Dens.&& Zoning Map Planned Development Map Legend C-1 R-8 Legend 0 [31 Pro*c 1 Loc a-c- ,i L'.'Son k City Limit C-N R--1 Planned Parces RI R-2 % R-15 i R1 C-G R-8 -Rl— R;��' L R.15 13 iR-15 W2 R.8 RUT a1U1TF4 R, R-2 —T Ep RI R 14R-4 L-0 R-40; .81 EB R-2 RI RUT R-4 RUT C-G R1 MM A. Applicant: Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way, Boise, ID 83713 B. Owners: Meridian Investments,LLC—74 E 500 S, Ste. 200,Bountiful,UT 84010-0000 C. Representative: Same as Applicant 111. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 9/21/2022 11/27/2022 newspaper Notification mailed to property 9/15/2022 11/13/2022 owners within 300 feet Applicant posted public hearing notice on site 9/21/2022 12/2/2022; 12/19/2022 Nextdoor posting 9/15/2022 11/28/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates this property,and many of the surrounding properties in this vicinity along the Eagle Road corridor,as Mixed Use—Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail,and residential dwellings and public uses near major 'al intersections. The i et j or arterial intersecti intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.For example,an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D of the Comprehensive Plan as shown below. FIGURE 3D: MIXED USE REGIONAL CONCErr DIAG1tAM Single fam#y Residential OfBceor l Ili HoVItallty \ Retail or z' 1. Sernre the o local a CopeQa oad k 41111--a s a Residential a Office Palk/ aOffice Headguartels =-A Integrated a L s ♦ o f� 1� Plata Area Retail > > ? � J, a� � � 0000000v000 � kWW Road r I The applicant has submitted two(2)conceptual development plans. The first proposed conceptual development plan depicts five (5)commercial building pads,including one for a fuel sales facility and one for a drive-through establishment,totaling 32,625 square feet(s.f.)of building area. The second conceptual plan also depicts the fuel sales facility and drive-through,eliminates the three commercial pad sites in favor of a 51,670,4-story hotel. The applicant desires to have two concept plans attached to the new development agreement to allow for greater flexibility. Additional uses may develop on the site as allowed by UDC Table 11-2B-2 in the C-G district.Multi-family residential uses(i.e.Village Apartments A-2021-0231)by the same developer have been approved and are in the development process on the parcel directly to the east. Vehicle interconnectivity is proposed between the commercial and residential uses to the east at the north and south boundaries of the site. Safe pedestrian access should also be provided between the commercial uses within the site and to the future residential uses. The proposed development should provide a variety of commercial and retail uses in close proximity to residential uses. Klemer City Park exists within a'/4 mile of this site to the southeast,which is considered a Civic use.The site is located along N. Eagle Rd./SH-55 within 3/4 of a mile of a major arterial intersection at E.Fairview Ave. and N. Eagle Rd.Although not anchored by uses that have a regional draw,the existing and proposed uses contribute to the variety of uses within this overall MU- R designated area as desired and should provide services to nearby residents. Originally, staff raised concerns that the proposed commercial development was not integrated with the future residential development to the east,nor was there a common usable gathering area with a plaza or green space as desired in mixed use designated areas.Further,the rear of the fuel facility/convenience store faces the backage road and the rear of Buildings C,D and E face the residential development which creates a wall effect.This concern is less relevant with the second concept plan because the building placement is farther from the shared property line.Both plans have been updated to include some form of open space as desired by the Plan and the applicant has provided pedestrian circulation plans to demonstrate pedestrian movements between the commercial and future multi-family development to the east,which more closely aligns with the development guidelines in the Comprehensive Plan for Mixed Use and MU-R designated areas as noted below.However,with concept plan 1,labeled as EX1.0, some or all of the buildings along the eastern boundary should be rotated and/or relocated and a shared plaza area/green space added to a more central location within the development for better integration,including a central pathway connection to the open space and front pad sites. If the site develops consistent with concept plan 2, staff recommends that the applicant construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the drive aisle of the multi-family portion of the development to enhance pedestrian connectivity. In reviewing development applications,the following items will be considered in all Mixed-Use areas: (Staffs comments in italics) • A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. The larger overall mixed-use designated area includes a mix of residential, commercial, office and civic uses. This project may only include commercial(i.e. retail, restaurant, etc) and residential uses (Village Apartments) as proposed, which may be adequate because it's a smaller site. • Where appropriate,higher density and/or multifamily residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Multi family residential uses (i.e. Village Apartments) were approved on the parcel directly to the east, which provide housing options for the commercial and employment uses along the Eagle Road/SH-55 corridor. • Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed-Use designation. A new conceptual development plan is proposed to replace the existing plan in the development agreement approved with the annexation. • In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space. The proposed conceptual development plan does include common usable area but it is not central to the development and is located along the southern drive aisle. • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development. No low-or medium-density residential uses abut this site;however, a minimum 25 foot wide buffer, landscaped per the standards in UDC 11-3B-9C, is required along the eastern boundary of the site in the GG district adjacent to future residential uses. • Community-serving facilities such as hospitals,clinics,churches, schools,parks,daycares, civic buildings,or public safety facilities are expected in larger mixed-use developments. No community-serving facilities are proposed with this development; however, these uses do exist within a fairly close proximity to the site and this is a smaller development. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas,open space,libraries,and schools are expected; outdoor seating areas at restaurants do not count. Open space and plaza areas have been added to both concept plans. • Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play.These areas should be thoughtfully integrated into the development and further placemaking opportunities considered. Specific details for the integrated plaza areas have not been provided. The applicant should provide an exhibit that demonstrates compliance with this goal. • All mixed-use projects should be accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types.Vehicle connectivity should not rely on arterial streets for neighborhood access. The proposed development is accessible to the adjacent future residential development to the east(i.e. Village Apartments) by vehicle via two (2)driveways, one at north end and one at the south end of the site. Separate pedestrian walkways should also be provided for pedestrian safety that provides a connection to the multi-use pathway along Eagle Rd. and between buildings within the commercial development. The applicant has provided an exhibit that demonstrates how pedestrian movements are achieved through the development. Staff recommends additional pedestrian connections as noted above. • A mixed-use project should serve as a public transit location for future park-and-ride lots,bus stops, shuttle bus stops and/or other innovative or alternative modes of transportation. Public transit isn't available in this vicinity. • Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types. The three(3)eastern building pads back up to a drive aisle with a row of parking on either side associated with the multi family development. • Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use standards listed herein. This guideline is not applicable as the property is not in Old Town. In reviewing development applications,the following items will be considered in MU-R areas: • Development should generally comply with the general guidelines for development in all Mixed-Use areas. See analysis above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre. Between this site and the adjacent site to the east being developed by the same developer, residential uses exceed 10%of the development area at a gross overall density of 20.12 units/acre. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry,or entertainment uses. The Applicant is unsure at this point what commercial uses will develop on this site other than a fuel sales facility and convenience store and a drive-through establishment. • Retail commercial uses should comprise a maximum of 50%of the development area. To ensure retail commercial uses don't exceed 50% of the development area and for a transition in uses,Staff recommends the concept plan is revised to depict non-retail commercial, office and/or civic uses for a minimum of 50% of the development area between the residential and retail commercial uses. The plans have not been updated to reflect this request however, the second concept plan does depict a hotel site which could limit the amount of retail that could develop on the site. The new DA should restrict the amount of retail on this site unless Commission and Council find this development shouldn't be further restricted because this property is part of a larger MU-R designated area. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say,if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot,or playfield,the developer is eligible for a 2:1 bonus. That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue,and water feature),seating areas,and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. No public or quasi public uses are proposed with this development. If the concept plan is revised to include such uses, the developer may be eligible for additional area for retail development(beyond the allowed 50%). Sample uses,appropriate in MU-R areas,include: All MU-N and MU-C categories, entertainment uses,major employment centers,clean industry,and other appropriate regional-serving most uses. Sample zoning include: R-15,R-40,TN-C,C-G,and M-E. The proposed commercial/retail/restaurant and fuel sales facility uses are allowed uses in the existing C-G zone, although they are not "regional serving"uses. The following Comprehensive Plan Policies are also applicable to this development: (Staffs analysis in italics) • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed commercial uses should be compatible with adjacent commercial uses to the north and south; and with the future multi family residential uses to the east if non-retail, office and/or civic uses are provided as a buffer and transition in uses as recommended. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play,and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability." (3.06.02B) The proposed commercial uses and fuel sales facility should provide nearby services and employment options to the residents of the adjacent multi family developments, reducing vehicle trips on area roadways. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDO A. Development Agreement Modification(MDA): The Applicant proposes a modification to the existing Development Agreement(DA) for Village Apartments (AZ-15-012;MDA-I5-011—DA Inst. 92022-065403)to remove the commercial portion of the property,consisting of 5.32 acres of land, from the agreement and enter into a new DA for the proposed project with two(2)updated conceptual development plans. The existing conceptual development plan depicts three (3)retail/commercial building pads along the frontage of N. Eagle Road,two(2)of which are drive-through establishments,and one (1) larger retail building east of the building pads fronting on Eagle Rd. totaling 28,500 square feet (s.f).A driveway is depicted at the northeast corner of the site for vehicular connectivity with the residential development to the east. A driveway is not depicted to the property to the south(flea Great Wall)because when that property developed,access was not required to be provided to this property because of the Finch Lateral,a large irrigation facility that separates the two properties. The properties to the south of the Finch Lateral were to have a backage road along their east boundaries for access via E.River Valley St. Since that time,this developer and the property owner to the south have been working together to construct a backage road between the two properties along Eagle Rd. and the Finch Lateral has been piped. A new access via Eagle Rd./SH-55 is proposed with this application,which will replace the existing temporary access on the Great Wall/Copper Canary property,if approved by the City and ITD. The temporary access was allowed to remain until such time as access became available from the south via E. River Valley St. If non-residential uses develop on the property to the south of the Copper Canary(fka Great Wall)property at 3280 E.River Valley St. as currently entitled,the backage road will extend to E. River Valley St.; however,if residential uses develop on that property,only an emergency access will be provided from the north to that property per the development agreement(Copper Canary Inst. 92022-048293). As noted above,the applicant has submitted two(2)conceptual development plans. The first proposed plan depicts five (5)building pads totaling 32,625 s.f. A fuel sales facility with a convenience store is proposed on the northwest pad,a drive-through is proposed on the pad directly to the south,and three(3)other pads are proposed along the east boundary of the site adjacent to the future multi-family residential development to the east. The second plan still depicts the fuel sales facility with convenience store and drive-through but in lieu of the three other pads,a hotel is proposed. As noted above in Section IV, Staff recommends changes to both concept plans for better integration between uses in accord with the mixed use and MU-R guidelines in the Comprehensive Plan. One driveway access is proposed at the north boundary which will serve as a backage road along Eagle Rd. and will connect to the property to the south. Two(2)driveways to the east are proposed for interconnectivity with the future residential development. Typically, Staff would prefer the alignment of the backage road to be more linear and direct but the access points to the north and south are not in alignment. The"jog"in the roadway will result in traffic calming and reduced speeds,which is desired,especially if the access via Eagle Rd. is approved which will intersect the backage road. A cross-access easement(Inst. 92016-003980)exists with the property to the north for access via Eagle Road for this property. A reciprocal cross-access easement should also be recorded granting cross-access between the subject property and the abutting property to the south (Parcel#51104233802); and the abutting property to the east(Parcel#51104233730). Copies of the recorded agreements should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Staff has reviewed the provisions of the existing DA and finds provisions 95.1 f,which requires a buffer to residential uses; 45.1g,which requires pedestrian connections to be provided between the residential portion of the site and future commercial development; and 95.1h,which requires traffic calming to be provided between the residential and commercial development, still apply to development of the subject property. Therefore, Staff recommends these provisions are carried over to the new DA along with new provisions as noted herein and in Section VIILA. B. Preliminary Plat(PP): A Preliminary Plat is proposed consisting of five (5)building lots on 5.32 acres of land in the C- G zoning district. As part of the plat,the Applicant requests City Council approval of an access via N. Eagle Rd./SH-55,located on the abutting property to the south(Parcel#S 1104233802). Consent has been granted from the abutting property owner for this request as part of this application. Existing Structures/Site Improvements: There are no existing structures on this site; the previous structures have been removed. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the C- G zoning district in UDC Table 11-2B-3. Subdivision Design and Improvement Standards (UDC 11-6C-2"- Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access (UDC 11-3A-3 There are two(2)existing accesses on this site associated with the previous residential use(s)and one(1)temporary access on the abutting property to the south via N. Eagle Rd./SH-55 that are proposed to be removed and replaced with one (1)new right-in/right-out driveway access on the abutting property to the south as depicted on the plans and as shown below. Per UDC 11-3H-4,the use of existing approaches via the state highway are not allowed to continue if the intensity of the use increases. With the change in use to commercial,the intensity of the use will increase;therefore,the existing approaches are not allowed to remain and must be abandoned and removed as proposed.New approaches directly accessing a state highway are only allowed at the section line road and the half mile mark between section line roads,which does not apply in this case. City Council may consider and approve modifications to the standards in UDC 11-3H-4 upon specific recommendation of the Idaho Transportation Department (ITD) or if strict adherence is not feasible, as determined by City Council. ITD issued a letter of acceptance of the revised traffic striping conceptual drawings,dated November 13,2019, for SH-55/Eagle Rd. from River Valley St. to approximately 1,500 feet north for the proposed right-in/right-out access via Eagle Rd. The letter states the drawings address all of ITD's safety concerns but only acknowledges the acceptance of the conceptual plan —final approval of the proposed access and associated improvements is determined once all documentation has been provided and the permit is signed. Final approval of the access has not yet been granted been ITD. A Trac Impact Study(TIS)was submitted for the Village Apartments and Sessions Parkway developments,prepared by Kittelson&Associates in 2021. The study finds a northbound right- turn lane on Eagle Road into the site as proposed is warranted and should be constructed as proposed. A curb cut exists at the northern boundary of the site for access via Eagle Rd./SH-55 through an existing vehicular&pedestrian cross-access easement(Inst. 92016-003980). A cross- access/ingress-egress easement should be provided to the properties to the south and east for interconnectivity and access.A recorded copy of said agreements should be submitted prior to signature on the final plat by the City Engineer. PROPOSED VEHICLE ACCESS TO COMMERCIAL DRIVE AISLE 5 O l I _ EXIST EXISTING ABOHES BE o NEO > a o PROPOSED I BLOCK 1 CONSOLIDATED ACCESS _ POINT TO EAGLE ROAD PRIVq TE DRIVE-�� BACKAGE ROAD TO \ SOUTH FORMER EXISTING GREAT WALL VEHICLE RESTAURANT - ACCESS TO EAGLE ROAD BE CLOSED Pathways(UDC 11-3A-8 A multi-use pathway is depicted on the Pathways Master Plan and required by UDC 11-3H-4C.3 along N. Eagle Rd./SH-55. The pathway should be detached from the curb and constructed per the standards listed in UDC 11-3A-8. If the pathway is located outside of the right-of-way, a 14-foot wide public pedestrian easement should be submitted to the Planning Division and recorded prior to signature on the final plat by the City Engineer. Pedestrian lighting and landscaping shall be installed along the pathway consistent with the Eagle Road Corridor Study and comply with the specifications listed in UDC 11-3H-4C.3. Two pedestrian plans have been submitted that depicts pedestrian walkways between the building pads in the proposed commercial development and the future residential development to the east, and to the commercial properties to the north and south,for safe pedestrian access and interconnectivity. Connectivity is also be provided to the multi-use pathway along Eagle Rd.Pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks in accord with UDC 11-3A-19B.4.As noted above in section IV, staff recommends additional pathway connections to enhance connectivity within the proposed development. Sidewalks (UDC 11-3A-1 : In lieu of a detached sidewalk,a detached multi-use pathway is required to be constructed along N. Eagle Rd./SH-55 in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. Landscaping(UDC 11-3B A minimum 35-foot wide street buffer is required along N. Eagle Rd./SH-55,an entryway corridor,landscaped per the standards listed in UDC 11-3B-7C. The final plat should depict the buffer in a common lot or on a permanent dedicated buffer easement, maintained by the property owner, or business owner's association per UDC 11-3B-7C.2a. A minimum 25-foot wide buffer is required by UDC Table 11-2B-3 in the C-G district along the eastern boundary of the site adjacent to future residential uses,landscaped per the standards in UDC 11-3B-9C. This buffer may be installed at the time of lot development. Landscape buffers are required to facilitate safe pedestrian access between residential and commercial development as set forth in UDC 11-3B-9C.3; the plan should be revised accordingly. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical En in�g Evaluation for the proposed subdivision that was prepared in 2015 with the Village Apartments application. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. Pressure Irrigation(UDC 11-3A-1 Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21 : Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A- : The Finch Lateral runs along the project's south boundary and has been piped in accord with UDC 11-3A-6B. The lateral lies within an 80-foot wide easement—40' from centerline on each side—structures should not encroach within this easement and trees should be placed outside of the easement. This project is not within the flood plain. Fencing(UDC 11-3A-6 and 11-3A- All fencing is required to comply with the standards listed in UDC 11-3A-7. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were not submitted for the proposed commercial development. All structures should comply with the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the proposed preliminary plat with the conditions noted in Section VIII,per the Findings in Section IX; and approval of the development agreement modification contingent upon revisions to the concept plan as discussed above and noted in Section VIII. B. The Meridian Planning&Zoning Commission heard the PP on October 6 and November 17, 2022. At the public hearing on November 17,2022,the Commission moved to recommend approval of the subject PP request. 1. Suimnary of Commission public hearing: a. In favor: Stephanie Hopkins, KM Engineering b. In opposition:None C. Commenting.None d. Written testimony: Givens Pursley,Applicant's Representative e. Staff presenting application: Sonya Allen f Other Staff commenting on application: None 2. Ke, ids)of public testimony a. The Applicant requests removal of all four changes to the concept plan recommended bX staff in Section 8 of the Staff Report,A.Ia. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s) for City Council: a. Request for City Council approval of a right-in/right-out access via N. Eagle Rd./SH-55. b. The Applicant submitted revised conceptual development plans (2 options),included in Section VILB. C. The Meridian City Council heard these items on December 13. 2022 and January 3. 2023. At the public hearing on January 3',the Council moved to approve the subject MDA and PP requests. 1. Summary of the City Council public hearing: a. In favor: Stephanie Hopkins_KM Engineering: Derek Gasser: Walt Gasser: Jeff Bower Givens Pursley(Applicant's Representative) b. In opposition: None C. Commenting: Lauren Nuxo1L Kittleson&Assoc. d. Written testimony: Jeff Bower_ Givens Pursley(Applicant's Representative) C. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. The Applicant requested removal of the first three conditions in Section VIILA.Ia. 3. Key issue(s)of discussion by City Council: a. Preference for one conceptual development plan rather than two—would like a more defined idea of how the site is planned to develop: b. Concern pertaining to the safety of the right-out access via SH-55 from the site and possible conflicts with the deceleration lane for the right-in access to the north: C. Desire for a larger(i.e. wider)area to be provided for the plaza area between the commercial buildings along the eastern boundary 4. City Council change(s)to Commission recommendation: a. Modification to the conditions in Section VIILA.Ia as noted- and b. City Council approved the request for access via N. Eagle Rd./SH-55 contingent upon a proval from ITD. VIL EXHIBITS A. Existing Development Agreement Provisions and Conceptual Development Plan 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service prior to development. b. Development of this site shall be generally consistent with the overall site plan,landscape plan and building elevations included in Exhibit of the Staff Report attached to the Findings of Fact attached hereto as Exhibit "C" and the conditions of approval included in Exhibit B of the Staff Report attached to the Findings of Fact attached hereto as Exhibit"C" c. The Milk Lateral which crosses the northeast corner of this site shall be piped in accord with UDC 11-3A-GA. d. A 35-foot wide street buffer is required to be constructed along N. Eagle Road,an entryway corridor,with the second phase(commercial portion)of development; and a 20-foot wide street buffer is required to be constructed along N. Records Avenue,a collector street,with the frsl phase(residential portion) of development and prior to issuance of the firs? Certificate of Occupancy for each phase.Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. A 10-foot wide multi-use pathway is required to be constructed within the street buffer along N. Eagle Road within a public use easement; pedestrian lighting and landscaping is also required to be installed as set forth in UDC 11- 3H-4C. These improvernents are required to be constructed with the second phase(commercial portion)of development and prior to issuance of the firs! Certificate of Occupancy for that portion of the site. f. Upon development of the retaillcommercial portion of the property,a 25-foot wide buffer is reouired to be installed adiacent to the residential uses in accord with the standards listed in UDC 11-3B-9C,unless otherwise modified by City Council. g. Pedestrian connections are required to be provided between the residential portion of the site and die future commercial development on the western portion of this site and the residential developments to the north and south. h. Traffic calming shall be provided within the site between the residential and commercial development and in N. Records Avenue (as allowed by ACI-1D). TA 0--77, - I 3500 sf . _ n -----. .� VILLAGE _ I —------==I! APARTMENTS Pad 2 = 'a i 7DOOst mill. s —a 14,000sf ❑ \ ° �- Retail Pad 3 'iy yid: 40O05f LA .f .41 OVERALL SITE PLAN EXHIBIT � A1.0 MRALL SRE EXHIBIT B. Proposed Conceptual Development Plans(EX1.0 and EX2.0)AND Ped Access Plans (EX1.1 and EX2.1) -REVISED ■ l a a , o I " 1 s 1 I - • +1 I � I 1 I 1 _ 1 ' * I I , 1 it -FT I � I Option #1 Option 1 includes expanded open space and a plaza area between the center and south building pads. There will be seating and awnings included in this plaza,which will be detailed in a rendering submitted for the Council hearing. I I 1 I I L---J-J I I I I n i 1 1 F I � 1 1 r � I ! I . I 1 1 . . I , I , I - : - 1 , I � } I ; Option #2 t Option 2 includes an open space area at the NW corner of the hotel area(to the east of the drive aisle)and will include a gazebo and seating,a couple of other seating areas and a pedestrian walkway on the east have also been added. C. Proposed Preliminary Plat(date: June 2022) PRELIMINARY PLAT SHOWING P0.EUMINA0.5PAT GALL SESSIONS PARKWAY SUBDIVISION SITUATED IN THE SOUTHWEST I/4 OF THE NORTHWEST 1/4 OF SECTION 4,TOWNSHIP 3 X NORTH,RANGE 1 EAST,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO. •` q- `r 2022 1+I ti4h..•r [r UNA NNS SUB. LOR 1 BLOLK I LOl l NOp;1 BOOK 103 PAGf 13893-1369fi 6Btl'' 1 c n �uii SOUDEAST NWtKElP1ACE SUB, SOUTXEAST K41RKF191AOESUB. r BOOK f01 PAGE 13 2 53-13 25 3 BOOK 101 PAGE 13 2 5113 23 3 �__�__�__�__�__ __��_ �y��•�.• � ".• •• lo �� XOIES r I \ I y I � aw.uz n>,ew urrc c -- I 1 LfGfNO 5 I I IK� I I � dwi •tl�F ua.c. om.ava weom r� nh —_— u c GFI-MERIDIAN INVESTMENTS 651NRRI323COR M 26fi1fDSAVE IT LOT AU.S SUB NO U -� L K K FALLS SUB.N0.12 BOOR 92 PAGE 19958-30960 pq� !� SESSIONS PARKWAY SUB MERIDIAN, IDAHO lOTlt3 NOCKI � ' PR9IMHKRYIATfAER km LOI 1 BLOCK I b1CX SUB. BALH SUB. BOON 113 PAGf I6B08-16631 BOOK 113 PAGE 16606-16611 PPI-0 D. Landscape Plan(date: June 2022) -------------------------------------- 9 I'T 1_11 �1.1 I T q, V JW IT- A� 4;IT C�T j! A-.1 1 IT 1. I—' r S-TME CALCNlAT1OM5 J1TREE135 LF) TOTAL STREET MITIGATION REQUIREMENTS TOTAL T11ES REQUIRE-110-E. SESS IONS PARKWAYSUB MERIDIAN,IDAHO PREIIMINARY RAT IONDSfAPf RAN (1)_LANDSCAPE��-N E. Access Exhibit PROPOSED �£HICLE ACCESS /-T'l V`/E"JAL -I.E 41':LE �.a PRIVATE DRIVE m � Nm o = aQ IXISTC+G � - � n Q 4PPR04CHES Q _ TO BE ABANDONED Z w PROPOSEC I BLOCK 1 CONSOUDATEC ACCESS POINT TO EAGLE ROAD BACKGE ROAD 70 ROAD TO km SOUTH ,� • \ ENGINEERING � � I RartM DR(INER p S�rrlor[la 6Nm Q I �Mr�u G � rPPEXI.'O FORMER EXISTINC GREAT WALL VEHICLE RESTAURANT I ACT,,,T f EAGLE _ RE,L E VEHICLE ACCESS EXHIBIT so 1Ro nB Phn Sok:1'=90' F. Legal Description&Exhibit Map for Property Subject to New Development Agreement 10" E N G I N E E R I N G May 14,2020 Project No.17-169 Legal Description Parcel B A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 4,which bears NOO'36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4; Thence following the westerly line of said Northwest 1/4,SOO'36'00"W a distance of 1385.13 feet; Thence leaving said westerly line,S89'S1'36"E a distance of 70.01 feet to a found 5/8-inch rebar marking the southwest corner of Southeast Comer Marketplace Subdivision No. 1 and being the POINT OF BEGINNING. Thence following the southerly boundary line of said Southeast Corner Marketplace Subdivision No.1, S89'51'36"E a distance of 479.48 feet to a set 5/8-inch rebar; Thence leaving said southerly subdivision boundary line,S00'37'57"W a distance of 565.59 feet to a set 5/8-inch rebar on the northerly subdivision boundary line of Bach Subdivision; Thence following the northerly subdivision boundary line the following two(2)courses: 1. N66'18'52"W a distance of 251.97 feet to a found aluminum cap; 2. S84'26'08"W a distance of 17.13 feet to a found 5/8-inch rebar marking the northwest corner of said Bach Subdivision; Thence leaving said northerly subdivision boundary line,584°26'O9"W a distance of 114.63 feet to a found 5/8-inch rebar; Thence N53'04'00"W a distance of 144.06 feet to a found 5/8-inch rebar on the easterly right-of-way line of N.Eagle Road; Thence following said easterly right-of-way line,NOO'36'00"E a distance of 391.77 feet to the POINT OF BEGINNING. Said parcel contains 231,902 Sq.Ft.(5.324 acres),more or less,and is subject to all existing easements and/or rights-of-way of record. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. kL LA#,0 mac, �\cENSF0 G•p< 0 662 A `o'�o �Fl t K 9233 West State Street • Boise,Ida 3 4 • 208,639.6939 • kmengllp.com RECORD OF SURVEY PROPERTY BOUNDARY ADJUSTMENT FOR ROS No. GDSrF Meridian Investments,LLC. m A PARCEL OF LAND sNUATED IN THE spunnvEST 1/4 OF THE NpRTHW EST:Vd OF SECTION 4, (`■Q f} TDWN5HIP 3NORTH.RANGE 1 EAST,a.RE,E:rTY OF MERIDIAN,ADA COUNTY,IOAHO. 302D eEeeeeeeeeeea.___._._—� nr currLZNtxr v„"...I„_ ��n rrarnTAT.sr mPnw�:1rn� raw mss cw SAOr ixBr.no. 00]]B4O 32 33 LEGEND N F0.NO NLHrl.M CIF.5 xOlo 5 4 � FVAW eflA^A ew,,�xB+ED � an�a-n�ema xAe�xx m woe icn i 1 6 FOEM]fie'AEBAR AS xO+EP I I I S BIOG�L I o f0.lQ+/3-RF8N1.AS ngiD1 I¢ I `¢1' Ig6H IIa1Y �'� I ® cAInnA2o rexP �-! y SwMewr Cor"., ,E � I caoRnm muxou,x YxE Y$ NalloclWam suws,�.,xa, 5 59YSY'S8"[SOa.+' — ___ 4RpIxK FMt£E Em LME fpvr Of BEtx, hPIrtF e I ebd,+. Br.b' -,F]96,.� I �.�YCT+M-E To�rc ve'+Aew A,n+ I I ""`mfJP„n u.wmrn I � — loennenwnw o�nau: —ypA1.�,xi U.E.M BOl 11 DNE fuu.ue'NPE YU tATOVL I _______—___CASWEni W0 I Pw rimer.,w�.a.r�i,yws wx�Pw-��B.aY I I r rmox cmxT t�kx�nOc�N�b ONr[F BWIWlp NACFL• u ulllb>.ff_Nf'.AUNE E 5]' I REFEREHCEs I I Avism nwa eo.ranr u,c �z Aav rot�rer x.T'-IiDwoei--I I fl1, FEooRu a vwvT.r xa we+,nEcnme a Aw war!•.mva. 1 I I fli HAT OF B'.T.11 91B]n9]X Baex 1,]a PVTS Ar PAOES n Ir"Pirt Iwr,w r1,lev+s I I eeLL-18+10,ueoBoa d xw cuarrr,IM10. _`� I _—l OPNWI PARSL eODUNY u,E P-0 A I o T, Irs RAT of muntasr wMoe uweYHucC elOMmu xn+.lcOx P-d a IL3?J�AE I q.I 11 G,GF Puii Ai PAOEi uas-Ime rgoolrz ar Aw[aum. w� I I2KM SOIL) .R I41R,63b Sgrc) I � A�E �. I 33 flA iW Of IIN WS NOBCM'agx.BOOB IQl OF PW AT b FVgES x p;I ___�N ceM i ' sPA-,aPa REexrge eF.a aourtr,�Bwa it �_ M1 -- I flee rcTwxtM xe m,e-mm�>Izccrm�,c. lll!l7AB4 �y�le'xCe4l+rqx NWixr lNE KWNY KaTd{i I s ]D' L. Ptlt GIST.w.9e0S,OB6 E I ��•t rercx WouA[Wlatri �SEA MD � + SiPel'.'Ot Ta.o+ I CERTIFICATE OF COVNTT RE OCR I •`��'NR N4T No 1OIWlIIe l2 rVlCotl[ SO.]] I � 9AlE OF 101lp I 1]s9 u neeleysie xus I I w+r xueeA��' —�'1 F^' Fg 1,AOs' �-� LL ilam9R'n' ,szw � S'J' I �xE�rr�Fmin,Na y I �- ��4`; LL INOItV� +wa I I IA.:C�4-AAF N 4Y pYL M TDLIY�� LT SSO'I]'s12 x4B — li�• 4 a, I I OOB YAY UP I � � PgP ��. ImI+R[e I I 2590 N,Fiele Rd. ps., I s. NW22'0e"W eea]S' r¢ —— �s Bd.faOdxelPn T CEATRIEATE OF SURVEYOR L I�11 10Fd2 W HEK3Y OEITrF'!1NAi I A'A A PEgFrwm PxpfEc.90NA1 l.hO BAAERY?tHEItEED eY 1NE 6rATE!K pr11D./AO TrRi T„S,YP INB EEEI,FFfPNw FflCM M ACILaL B.fAEY H,➢E W Q cAVExO llNA�]u�PfTKABOM.Me IMT TITS WP B AN ACLLPAIE _,� SeOls'a2 I ___—___—________ erP,®rtA,nx S •csT I/,wxlll s¢nox Ya.Bn S/G Ndl flfA1R raxF w,x0 BBAy3 CAP • C-�tflE LGRMw V E{YkF F tPK r6r,Na 11)OT+da ♦ ee 42 SURVEI'NAARATIVE ATMrAECTi9 1nM OF NO i.w�0 B M9HOMM lomaaun+i weixl�e aYm ! W 4 !H 6 I N!!R i N C uKn�M fdTflrCFBFfIT OF RELORe OF 9.R1EY Fo rBe]A!q+IE M15 1 FED' Si!6r�RYli SIPEFr OURCasr OOPo+FA NNIQTHOFE BAxCAt'.AYI MO WNVYEN�rrVx MV41FHrATpN REgP/tx[P W m MOWN O X rr R Tk CRNFegIBAIICE"M ME REORm Rce,x!.),I-A-,.�-a-aB-w lance 1>.wt reTrar VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The subject property shall no longer be subject to the terms of the Development Agreement (DA) (Inst. 42022-065403,MDA-15-012) for Village Apartments and shall instead be subject to a new agreement.The new DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting approval of the amendment. The specific provisions for the new DA are as follows: a. Development of this site shall be generally consistent with the conceptual development plans approved by City Council and the conditions of approval included in Section VIILA and include the following: T,,piet BOB Fe tail e .,1 ,.FF;. , ,. .. FOF RMiRiMUMOf Clio% 0 development A-ren o .,less r,..r..r.;....;,.., or-Couneil find this isn't appli ah-11eiZerea-u-see this property is part of a MU R designated area. This doesn't appty if the property develops wi in;_hhe hotel Rs-pl=epesed-' ➢ Specific details for the integrated plaza/open areas shall be provided with the first certificate of zoning compliance.The applicant can relocate open space/plaza areas depicted on the plan with director approval once specific tenants are known. ➢ On concept plan option 1,labeled as EXIA-, some or all of the buildings along the eastern boundary should may be rotated and/or relocated and a shared plaza area/green space added to a more central location within the development for better integration,including a central pathway connection to the open space and front pad sites. ➢ If the site develops consistent with concept plan option 2,labeled as . ,the applicant shall construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the drive aisle of the multi-family portion of the development (SWC of the Village Apartments)to enhance pedestrian connectivity. b. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application for the site. c. A 25-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses,landscaped per the standards listed in UDC 11-3B-9C,unless otherwise modified by City Council. Construction of the buffer may take place with lot development. d. Pedestrian connections shall be provided between the subject property and the future residential development to the east,the commercial properties to the north and south and to the multi-use pathway along N. Eagle Rd./SH-55 in accord with the approved pedestrian plans.Pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4. e. Traffic calming shall be provided within the site between the subject property and the residential development to the east. f. Provide trash enclosures within the development capable of housing containers for both solid waste and recyclable materials in accord with MCC 4-1-4. gCity Council approved the request for a right-in/ri ht-out access via N. Eagle Rd./SH-55 contingent upon final approval from ITD in accord with UDC 11-3H-3. 2. The final plat shall include the following: a. Include the recorded instrument of the existing 30-foot wide City of Meridian sewer and water main easement graphically depicted on the plat. b. Depict the street buffer along N. Eagle Rd./SH-55 in a common lot or on a permanent dedicated buffer easement,maintained by the property owner,or business owner's association per UDC 11-3B-7C.2a. c. Include a note stating direct lot access via N. Eagle Rd./SH-55 is prohibited except for the access approved with the plat.Note: The proposed access via Eagle Rd. is required to be approved by City Council and ITD. d. Include a note stating all lots in the subdivision are subject to a cross-access/ingress- egress easement as graphically depicted on the plat. e. Depict a 14-foot wide public pedestrian easement for the multi-use pathway along N. Eagle Rd./SH-55 if the pathway is located outside of the right-of-way; include the recorded instrument number of the easement. 3. The landscape plan depicted in Section VILD shall be revised with submittal of the final plat, as follows: a. Depict landscaping within the 25-foot wide buffer along the eastern boundary of the site adjacent to residential uses in accord with the standards listed in UDC 11-3B-9C.1; and safe pedestrian connections between commercial and residential uses as set forth in UDC 11-3B-9C.3. Construction of the buffer may take place with lot development. b. Depict landscaping within the 35-foot wide street buffer along N. Eagle Rd./SH-55 in accord with the updated standards listed in UDC 11-3B-7C.3; and pedestrian lighting and landscaping consistent with the Eagle Road Corridor study per UDC 11-3H-4C.3. 4. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject property and the abutting property to the south(Parcel 9 51104233802)in accord with UDC 11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 5. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject property and the abutting property to the east(Parcel 9 S 1104233730)in accord with UDC 11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 6. Submit details for the pedestrian lighting required along the multi-use pathway adjacent to N. Eagle Rd./SH-55 that demonstrate compliance with the specifications set forth in UDC II- 3H-4C.3. 7. If the multi-use pathway along N. Eagle Rd./SH-55 is located outside of the right-of-way, submit a 14-foot wide public pedestrian easement to the Planning Division for City Council approval and recordation prior to the City Engineer's signature on the final plat. 8. Future development shall be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Terminate water main with hydrant 2. Provide easement from end of water main to north property line for potential future connection. 3. Additional 271 gpd flow committed to model. WRRF declining balance is 14.35 MGD. 4. Max Slope of 8" line is 8%. 5. Adjust manhole 91 so it is not located in the curb/gutter. 6. Ensure that the existing manhole is not located in a curb/gutter. 7. For sewer and water in parallel,if sewer depth is greater than 15 feet,locate the water main 5 feet from the edge of easement and center the sewer main between the water main and other edge of easement. 8. Pedestrian decorative lighting will be required for sidewalk frontage along Eagle Road. General Conditions of Approval 9. 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. 10. 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. 11. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 23. Developer shall coordinate mailbox locations with the Meridian Post Office. 24. 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. 25. 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. 26. 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. 27. 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. 28. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.orpublic works.aspx?id 272. 29. 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. 30. 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. PARK'S DEPARTMENT https://weblink.meridiancity.org/2ebLink/DocView.aspxTid 272579&dbid 0&repo MeridianC i &cr1 D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.oLg/WebLinkIDocView.aspx?id 273745&dbid O&repo=MeridianC Lty E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy org/WebLink/DocView.aspxTid 272564&dbid 0&repo=MeridianC Lty IX. FINDINGS A. Preliminary Plat: 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; The City Council finds that the proposed plat and subsequent development will be in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation if the Applicant complies with the provisions in the staff report. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B 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, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD,ITD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware ofany health,safety, or environmental problems associated with the platting of this property. ACHD and ITD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City 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: Public Works: 2023 Streetlight Master Plan (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: June 13th, 2023 Presenter: Laurelei McVey, Public Works Estimated Time: 30 minutes Topic: 2023 Streetlight Master Plan Recommended Council Action: No official action required. Background: The City of Meridian has developed its first Streetlight Master Plan. This presentation will provide City Council with the history, current status, current constraints, and future opportunities of the City's Streetlight Program. Questions related to this topic should be directed to Laurelei McVey, Public Works, lmcveyP meridian city.org, 208-985-1259. Streetlight Program Master Plan Public Works Department 2023 Staff Introductions, Transportation & Utilities CoordinatorBandurragaMicah •Warren Stewart, City Engineer•Laurelei McVey, Public Works Director• Master Plan Purpose Document Program Constraints•Develop 5 Year Capital Plans•Document Program Goals•Document Current Conditions•Program Organization •Purpose:•house-Completed in•Master PlanFirst formal City of Meridian Streetlight • 848 8,595 LightsRequired to New Lights (3,366 Lights)Program of Streetlight Responsibility PW Takes PW Hires TUCProgramStreetlight Temporary Idaho Power A 20 Year History-Program Background City Streetlights 202320102003100009000800070006000500040003000200010000 85953366 Program Inventory City Buildout (~2074)Streetlights at Full 29,000 (Underserved Areas)Lights Needed Potential Additional 1,679 (LED) Lights (44%)Light Emitting Diode 3,768 Per YearNew Lights Added 500 -300LightsCity Owned Street 8,595 Program Components ConversionsHPS to LED AreasUnderserved ComplaintsOutages, Repairs, Maintenance, New LightsPublic Safety Enhancing & Ensuring Public Safety Improve emergency response times•creating a more vibrant communityspaces, increasing foot traffic and Encourage more people to use public •Provide an increased sense of security•Deter crime•accidentsReduce the likelihood and severity of •Provide improved visibility•Streetlights can:• Enhancing & Ensuring Public Safety~180 lights•$164K•intersectionsWill upgrade HPS to LED at major •ForceIntersection Pedestrian Safety Task Recommendation from Meridian •FY24 LED Replacements• Program Components ConversionsHPS to LED AreasUnderserved ComplaintsOutages, Repairs, Maintenance, New LightsPublic Safety •Required to be LED as of 2016•Types•Spacing•Streetlighting design standards & specifications•Is responsible for replacements•Is responsible for maintenance & repairs•Pays for power•Once constructed, the City:•ITD/ACHD•Development•500 new lights added each year-300 Program Components ConversionsHPS to LED AreasUnderserved ComplaintsOutages, Repairs, Maintenance, New LightsPublic Safety •Customer ComplaintsMaintenance & RepairsNew Light Activation and GPSPlan Reviews (Development & City Projects)Project ManagementLED Retrofit DesignNew Light DesignBudget DevelopmentProject ManagementCoordination with ITDCoordination with ACHDUtilities (Streetlights)Transportation$425,000Total Annual Operating Budget$20,000Insurance Claims$2,000Misc. Supplies$75,000Annual Maintenance & Repair Costs$328,000Annual Electrical CostsCostType of Expense(Enterprise Fund)Transportation & Utility Coordinator Position •Annual Operating Expenses (General Fund): •Shielding•Customer Complaints•Damaged Lights•traffic/-and-lights-development/planning/transportation/street-https://meridiancity.org/community•Outages Program Components ConversionsHPS to LED AreasUnderserved ComplaintsOutages, Repairs, Maintenance, New LightsPublic Safety •324652474697323171(Underserved Areas)New Lights Needed District year work plan -ACHD five•Crosswalks•Crime•Traffic accidents•Proximity to schools•Priority locations determined by:•Community Development Block Grants (CDBG)•City general fund•Funded through:•lighting standardsToo few and/or too far apart to meet current City •37 year completion-CDBG eligible lights•100+ year completion-General funded lights•major/arterial-$16,500•residential-$9,500•residential lights 18 -This level of annual funding will add approximately 9•CDBG (not guaranteed)-$89K•General Fund-85K-$80•Anticipated Annual Funding:•700 Type I Lights (Major Roadways/Arterials)•1,000 Type II Lights (Residential)•1,700 additional lights potentially needed 5 Year Capital Improvement Plan 9$84,750FY20286$84,750FY20279$84,750FY20269$84,750FY20258$79,750FY2024in Underserved AreasEstimated New Lights FundingCurrent CFP Fiscal Year Estimated Assuming ~$89,000 in annual CDBG funding (not guaranteed).FY28)-BDG Priority Plan (FY24C 3Promenade Cottages (9 of 40)9Underserved-FY20283Danbury (3 of 3)Frost Add to Meridian Sub (14 of 14)9Underserved-FY202733Frost Add to Meridian Sub (8 of 14)Fran Meridian (2 of 2)9Underserved-FY2026333Fran Meridian (1 of 2)Nidays Add to Meridian Sub (2 of 2)Westview Add to Meridian Sub (12 of 12)9Underserved-FY20253Westview Add to Meridian Sub (6 of 12)6Underserved-FY202463Meridian Business ParkApplegate, DanburyTremont Place, Piedmont, Canna Lilly, 49LED-FY2024 DistrictSubdivision LocationCompletedLights to Be Number of Program Components ConversionsHPS to LED AreasUnderserved ComplaintsOutages, Repairs, Maintenance, New LightsPublic Safety •654321HPS RemainingDistrict$560/light to convert-Between $480•conversions.FY23) in Idaho Power rebates for LED -(FY21The City has received approximately $34,000 •Longer total lifespan requiring less frequent replacement•Less routine maintenance•Less energy•Reduced wattage requirements•savings:Major components that result in long term cost •Annual, ongoing savings once fully converted•20 years to convert•convert approximately 192 lights annuallyWith current resources (staff & budget) we can •General Fund-100K-$75•Anticipated Annual Funding:•4,827 HPS (56% of system) left to convert Model 1: Baseline $100K/YrModel 2: $260K/Yr Costs($3,344,330.64)Costs($3,700,245.83) Benefits$3,532,852.98Benefits$4,679,860.95 Delta$188,522.33Delta$979,615.12 BCR1.06BCR1.26 Years to Payback19Years to Payback15 Years to Convert20Years to Convert7 5 Year Capital Improvement Plan 193$100,000FY2029193$100,000FY2028190$100,000FY2027190$100,000FY2026186$100,000FY2025140$75,000FY2024CompletedLights Estimated LED FundingCurrent CFP Fiscal Year Program Constraints City Streetlights 2074202320102003300002500020000150001000050000 2900085953366848 Funding•Costs, supply chain, contractor availability•Data Accuracy•Staffing•Program Growth• 5 Year Program Plan Investigate New TechnologiesEvaluate increasing the number of LED upgrades per year o LED Conversion ProgramEvaluate Staffing ResourcesIntegrate streetlights into the City’s asset management database structure o Improve Data AccuracyExecute Annual Capital Improvement Plan Questions? E IDIAN --- AGENDA ITEM ITEM TOPIC: Public Works: 2023 Solid Waste Master Plan (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: June 20th, 2023 Presenter: Laurelei McVey, Public Works Estimated Time: 30 minutes Topic: 2023 Solid Waste Master Plan Recommended Council Action: No official action required. Background: The City of Meridian has developed its first Solid Waste Master Plan. This presentation will provide City Council with the history, current status, current constraints, and future opportunities of the City's Solid Waste Program. Questions related to this topic should be directed to Laurelei McVey, Public Works, lmcveyP meridian city.org, 208-985-1259. Solid Waste Master Plan Public Works Department 2023 Staff Introductions Sayard Schultz, Solid Waste Coordinator•Peter Hall, Business Programs Manager•Alex Freitag, Business Division Manager•Laurelei McVey, Public Works Director• Master Plan Purpose Establish Program Goals•Identify Key Program Issues•Document Current Conditions•Purpose:•house-Completed in•First formal City of Meridian Solid • Key Program Issues Maintaining Affordability•Access to Comprehensive Service Options for All Residents & Businesses•Preserving Landfill Capacity• Preserving Landfill Capacity Preserving Landfill Capacity 30% of an active stage -The City of Meridian on average uses 25%•Excavate and line one stage ~$12.3 million•Purchase, develop, and line a new landfill ~$60 million•Ada County Cost:• Diversion Rates 2028 Diversion Rate Goal Access to Comprehensive Service Options for Are we providing the services community members desire?•opportunities?Do all residents and businesses have access to trash and recycling •All Residents/Businesses Participation Rates<1% Participation (+$7.21/month)48%48%46%46%44%Recycling Service Participation Rate14391378131512451209Total Business Accounts20212020201920182017Commercial, Industrial/Institution al(1.3%)521(1.0%)384(0.9%)304(0.8%)255(0.8%)268Grass Recycling Cart Subscriptions (0.4%)170 (0.4%)134 (0.5%)194 (0.4%)148 OfferedNot Glass Recycling Cart Subscriptions 98%97%91%90%89%Recycling Service Participation Rate 39,31837,71035,62933,74432,103Total Households127,890117,635114,680106,41098,300Total City Population 20212020201920182017Family Households-Single Affordability 5 Year Program Goals 2021 Waste Profile (Tons)Residents/BusinessesAccess to Comprehensive Service Options for All •Achieve a consistent 20% total landfill diversion rate•By 2028• 5 Year Program Plan City Operations Improvement•Education and Outreach Development •Community Landfill Diversion Initiatives• Community Landfill Diversion Initiatives Promote Reduction and Reuse•Traditional Materials -Evaluation of Recycling Non•Improve Construction and Demolition Waste Management •Family Dwellings-Evaluate Diversion Opportunities for Multi•Evaluate a Citywide Composting Program•Improving Existing Program Participation• Education and Outreach Development Media Outreach to All Community Members-Provide Multi•Expand Solid Waste Outreach• City Operations Improvements 2010•DepartmentsPromote and Incorporate Diversion Opportunities in City Events and •Review and Update Ordinances• Questions? E IDIAN --- AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2021: An ordinance (Prairiefire Subdivision — H-2022-0053) annexing the southeast quarter of the southeast quarter of Section 31,Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 3.16 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date ADA COUNTY RECORDER Trent Tripple 2023-033830 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 06/14/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2021 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (PRAIRIEFIRE SUBDIVISION — H-2022-0053) ANNEXING THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 3.16 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO R-8 (MEDIUM- DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Providence Properties LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A" and the map attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 3.16 acres of the Subject Property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—PRAIRIEFIRE SUBDIVISION H-2022-0053 Page 1 SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 13th day of June, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 13th day of June, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 13th day of June ,2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—PRAIRIEFIRE SUBDIVISION H-2022-0053 Page 2 EXHIBIT A I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Prairiefire Subdivision Annexation Boundary Description Project Number 22-165 May 4, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the southeast corner of Section 31, Township 4 North, Range 1 East, Boise Meridian which bears S00°31'11"W, 2659.04 feet from the east quarter-section corner; Thence N00°31'11"E, 1059.08 feet along the east line of the southeast quarter of the southeast quarter of Section 31 to the POINT OF BEGINNING: Thence N89°46'17"W,661.38 feet to the east boundary of Heritage Grove Subdivision No. 4(Book 111 of Plats at Pages 15913 through 15915, records of Ada County, Idaho); Thence N00°34'07"E, 270.44 feet along the east boundary of Heritage Grove Subdivision No. 4 to the south boundary of Quenzer Commons Subdivision No. 6 (Book 91 of Plats at Pages 10710 through 10712, records of Ada County, Idaho); Thence S89°46'17"E,474.39 feet along the south line of Quenzer Commons Subdivision No. 6 and Brockton Subdivision (Book 93 of Plats at Pages 11101 and 11102, records of Ada County, Idaho); Thence S00°31'11"W, 220.44 feet; Thence S89°46'17"E, 186.76 feet to the east line of the southeast quarter of the southeast quarter; Thence S00°31'11"W, 50.00 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 3.16 acres, more or less. ND 11 34 s Page 1 of 1 ctigEi S �y� DAH O 9955 W Emerald St SURVEY Boise, ID 83704 ISG GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Prairiefire Subdivision R-8 Zone Boundary Description Project Number 22-165 May 4, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the southeast corner of Section 31, Township 4 North, Range 1 East, Boise Meridian which bears S00°31'11"W, 2659.04 feet from the east quarter-section corner; Thence N00°31'11"E, 1059.08 feet along the east line of the southeast quarter of the southeast quarter of Section 31 to the POINT OF BEGINNING: Thence N89°46'17"W,661.38 feet to the east boundary of Heritage Grove Subdivision No. 4(Book 111 of Plats at Pages 15913 through 15915, records of Ada County, Idaho); Thence N00°34'07"E, 270.44 feet along the east boundary of Heritage Grove Subdivision No. 4 to the south boundary of Quenzer Commons Subdivision No. 6(Book 91 of Plats at Pages 10710 through 10712, records of Ada County, Idaho); Thence S89°46'17"E,474.39 feet along the south line of Quenzer Commons Subdivision No. 6 and Brockton Subdivision (Book 93 of Plats at Pages 11101 and 11102, records of Ada County, Idaho); Thence S00°31'11"W, 220.44 feet; Thence S89°46'17"E, 186.76 feet to the east line of the southeast quarter of the southeast quarter; Thence S00°31'11"W, 50.00 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 3.16 acres, more or less. qN0 Fo 11 4 s Page 1 of 1 �i F OF cygEL S �y� EXHIBIT B S.31 S.32 1/4 I \ NI �I Quenzer Commons Subdivision No. 6 Brockton Subdivision S89'46'17"E 474.39'�I S 1/16 S89'46'17"E 186.76' S.31 S.32 0 o N .o N -0 N It N N 0)•�1. � O N D1:� �•c- p W N > �;•� �.0 3.16 Acres o N w O to O O to 7 U �;a, Z 0 0 - - - Z 0: S89'46'17"E 186.76' S00'31'11"W 50.00' N89'46'17"W 661.38' �I Legend Point Of Beginning i NPR N Co Property Boundary Line S' u' 0 Parcel Line p --- Section Line 4 ..................... Tie Line G Property Corner �Ch F ��a S.31 S.32 qEL S.0 E. Ustick Rd. S.6 i S.5 NP:\Proriefire Eti0ement Phase 22-165\E"9\22-165 Mnenotion 4srg 5/4/2022 12:26:]l PM Scale: 1"=80' J IDAHO Exhibit ___ Drawing for 7 o. 0 20 40 80 SURVEY 9955w.EMEMLD ST. Prairiefire Annexation Sheet No. 160 SOISF.1DM089704 )209)846-e5M 1 GROUP, LLC Located in the SE1/4 of the SE1/4 of Section 31. Dwg. Date MT.4N., RAE., B.M., Ado County, Idaho. 1 5/4/2022 S.31 S.32 1/4 Quenzer Commons Subdivision No. 6 \ Brockton Subdivision N �1 S89'46'17"E 474.39'\ 1 _ -- S 1/16 �— S89'46'17"E 186.76' S.31 S.32 I O 0 I o 0 cV It 0:o� _ o > Lo Lo c i� ° o .d 3.16 Acres I t11; M �' O I ul O O (n O I v Z ul 0 Z N m S89'46'17"E 186.76' S00'31'11"W 50.00' Legend / N89'46'17"W 661.38' Point Of Beginning) AN oI Property Boundary Line N Sari OI - — Parcel Line --- Section Line 34 z .................. Tie LineZ�O Property Corner �X- OF \ Q�� S.31 S.32 yAEL S. E. Ustick Rd. S.6 i S.5 Nv:\r,o-�.e,.euu.n,.�a rnu:.22-165\Owg\22-165 Mnemlion.Owg 5/4/2022 12:28:29 PM Scale: 1"=80' IDAHO Exhibit ___ Drawing for Jo,o. SURVEY 9955w.EMERALD N Prairiefire R-8 Zone Sheet No. 65 0 20 40 80 160 (MB)8BOISE 6aS7oIDAHO B37a4 (ZOB)B46B57a 1 GROUP, LLC Located in the SE1/4 of the SE1/4 of Section 31. Dwg. Dote NT.41N., RIE., B.M., Ada County, Idoho. 5/4/2022 t s89°46'17"e 474.3 3 yr O M N p N O M ci O O N O s89°46'17"e 1 6.7 661.38 n89°46'17"w flr y OF Prariefire Annexation & Rezone Closure 5/4/2022 Scale: 1 inch= 100 feet File: Tract 1:3.1603 Acres(137661 Sq.Feet),Closure:n00.0000e 0.00 ft. (1/999999),Perimeter=1863 ft. 01 n89.4617w 661.38 02 n00.3407e 270.44 03 s89.4617e 474.39 04 s00.3111w 220.44 05 s89.4617e 186.76 06s00.3111w50 CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho,hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. i i William L. M. Nary, City Attorney i SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2021 An ordinance(Prairiefire Subdivision—H-2022-0053) annexing the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 3.16 acres of such real property from RUT (Rural Urban Transition)to R-8 (Medium-Density Residential)zoning district; directing city staff to alter all applicable use and area snaps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B j ANNEXATION ORDINANCE—PRAIRIEFIRE SUBDIVISION H-2022-0053 Page 3