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2024-04-16 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 16, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 1. Approve Minutes of the April 2, 2024 City Council Work Session 2. Approve Minutes of the April 2, 2024 City Council Regular Meeting 3. JA Welker Office Building Water Main Easement No. 1 (ESMT-2024-0051) 4. Final Plat for Jump Creek No. 7 (FP-2023-0030) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449816 5. Findings of Fact, Conclusions of Law for Watts Meridian Medical Partners (SHP- 2024-0001) by Focus Engineering and Surveying, located at 1256 S. Rackham Way 6. Final Order for Modern Craftsman at Franklin (FP-2023-0021), by Bailey Engineering, generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. 7. Development Agreement (Windrow Neighborhood H-2023-0031) Between City of Meridian and Conger Management Group Inc., Open Door Rentals LLC, and C4 Land LLC for Property Located at the Northeast Corner of S. Linder Rd. and W. Amity Rd. 8. Donation Agreement between Eagle 1 LLC and the City of Meridian for Donegan Well Lot 9. Approval of Task Order 5040.0200.b to Brown and Caldwell for the ARPA Funded Biosolids Dryer Project - Final Design for the Not-to-Exceed amount of $692,992.00 and authorize the Procurement Manager to execute the Task Order and resulting Purchase Order 10. Resolution 24-2447: A Resolution Authorizing the Destruction of Certain Semi- Permanent and Temporary Records of the City of Meridian; and Proving an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 11. World Wish Month Proclamation ACTION ITEMS 12. Public Hearing Continued from March 26, 2024 for Reveille Ridge Subdivision (H- 2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. Continued to May 7, 2024 A. Request: Annexation of 59.97 acres of land with an R-8 (34.69 acres) and R- 15 (25.28 acres) zoning districts. B. Request: Preliminary Plat consisting of 247 building lots and 37 common lots on 59.77 acres of land in the R-8 and R-15 zoning districts. Motion to continue to May 7, 2024 made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader ORDINANCES \[Action Item\] 13. Ordinance No. 24-2050: An ordinance (Windrow Neighborhood – H-2023-0031) annexing a parcel of land located in the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 46.133 acres of such real property from RUT (Rural Urban Transition) to the 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 Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 14. Ordinance No. 24-2051: An Ordinance (Windrow Neighborhood H-2023-0031) for rezone of a parcel of land located in the southeast quarter of the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 19.62 acres of land from R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable 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; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader EXECUTIVE SESSION per Idaho Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter executive session made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader Into session: 6:11 PM Out of session: 6:46 PM FUTURE MEETING TOPICS ADJOURNMENT 6:47 PM Meridian City Council April 16, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, April 16, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Doug Taylor. ROLL-CALL ATTENDANCE _X_ Liz Strader (Vacant) Anne Little Roberts X John Overton _X_ Doug Taylor _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 16th, 2024, at 6:00 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next item up is our community invocation, which will be delivered tonight by Pastor Vinnie Hanke. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Hanke: Mr. Mayor, Members of the City Council, thank you again for allowing me to come and pray for you tonight. God, we thank you for this evening. We thank you for the privilege of the seasons changing and the warmth of spring and new life. God, I pray for members of the City Council as they decide and discern decisions for the city. Would you give them wisdom. Would you give them love for the neighbors that they serve so well here. God, we ask that Meridian would continue to be a place where neighbors love and serve one another, where kindness rules and reigns and ultimately where you become glorified. We thank you for this evening and for this meeting. It's in Christ's name that I pray, amen. ADOPTION OF AGENDA Simison: Thank you. Next up is the adoption of the agenda. Meridian City Council April 16,2024 Page 2 of 9 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No changes this evening, I move that we adopt the agenda as presented. Strader: Second. Simison: I have a motion and a second to adopt the agenda as presented. 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: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 2, 2024 City Council Work Session 2. Approve Minutes of the April 2, 2024 City Council Regular Meeting 3. JA Welker Office Building Water Main Easement No. 1 (ESMT-2024- 0051) 4. Final Plat for Jump Creek No. 7 (FP-2023-0030) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449816 5. Findings of Fact, Conclusions of Law for Watts Meridian Medical Partners (SHP-2024-0001) by Focus Engineering and Surveying, located at 1256 S. Rackham Way 6. Final Order for Modern Craftsman at Franklin (FP-2023-0021), by Bailey Engineering, generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. 7. Development Agreement (Windrow Neighborhood H-2023-0031) Between City of Meridian and Conger Management Group Inc., Open Door Rentals LLC, and C4 Land LLC for Property Located at the Northeast Corner of S. Linder Rd. and W. Amity Rd. 8. Donation Agreement between Eagle 1 LLC and the City of Meridian for Donegan Well Lot 9. Approval of Task Order 5040.0200.b to Brown and Caldwell for the ARPA Funded Biosolids Dryer Project - Final Design for the Not-to- Meridian City Council April 16,2024 Page 3 of 9 Exceed amount of $692,992.00 and authorize the Procurement Manager to execute the Task Order and resulting Purchase Order 10. Resolution 24-2447: A Resolution Authorizing the Destruction of Certain Semi-Permanent and Temporary Records of the City of Meridian; and Proving an Effective Date Simison: Next up is the Consent Agenda. Cavener: Mayor Council? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Strader: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, we will move on to the public forum. Mr. Clerk, do we have anyone signed up for that item? Johnson: Mr. Mayor, we did not. PROCLAMATIONS [Action Item] 11. World Wish Month Proclamation Simison: Okay. Then with that we will move on to proclamations. Do we have -- I just want to make sure I said -- Josh here for Make-A-Wish? Okay. Perfect. Josh, if you and anyone who is with you, if you would like to join me at the podium for a proclamation. So, Council, we are going to be reading a proclamation tonight for an organization that I think we all are very familiar with. Make-A-Wish. So, with that I will read the proclamation and turn it over for any comments that you all have. Whereas on April 29th, 1980, Department of Public Safety officers and members of the community of Meridian City Council April 16,2024 Page 4 of 9 Phoenix, Arizona, came together to grant the wish of Chris Greicius, a seven year old boy batting leukemia, who wished to be a police officer and whereas Chris' wish inspired six of the people involved to form a foundation that would grant life changing wishes for other children with critical illnesses. The organization known as Make-A- Wish has since granted more than 520,000 wishes worldwide, operating in every community in the U.S. and in nearly 50 countries worldwide and whereas Make-A-Wish Idaho was founded in 1986 and has granted more than 2,000 wishes that deliver hope and joy back into the lives of children with critical illness in Idaho and whereas research has shown that wishes can improve a child's quality of life and produce better health outcomes. When a wish is granted a child replaces fear with confidence, anxiety with hope and sadness with joy and whereas the City of Meridian is celebrating World Wish Month in recognition of the anniversary of Chris Greicius' wish that inspired the founding of Make-A-Wish and subsequently Make-A-Wish Idaho and the Global Wish granting movement. Therefore, I, Mayor Robert E. Simison, do hereby proclaim April 2024 as World Wish Month in the City of Meridian and encourage all citizens to celebrate World Wish Month and applaud the good work that Make-A-Wish Idaho has provided and will continue to provide for our community. Dated the 16th day of April 2024. Congratulations for all -- for what you do in our community. We appreciate it very much. Peterson: Thank you much. So, Make-A-Wish has been around for almost 40 years and we operate in every city in Idaho, including Meridian and right now we have got about 140 kids that are currently waiting for wishes from all over the state and we are just proud to just do that, to provide hope for kids facing critical challenges and so thank you for allowing us to do that and thank you for your help and support and making that happen for us. ACTION ITEMS 12. Public Hearing Continued from March 26, 2024 for Reveille Ridge Subdivision (H-2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. A. Request: Annexation of 59.97 acres of land with an R-8 (34.69 acres) and R-15 (25.28 acres) zoning districts. B. Request: Preliminary Plat consisting of 247 building lots and 37 common lots on 59.77 acres of land in the R-8 and R-15 zoning districts. Simison: Okay. With that, Council, we will move on to Item 12, which is a public hearing continued from March 26th, 2024, for Reveille Ridge Subdivision. Turn this over to Mr. Nary. Nary: Excuse me. Mr. Mayor, Members of the Council. So, this matter had been previously continued to tonight for some additional information. Subsequent to that prior Meridian City Council April 16,2024 Page 5 of 9 hearing we received notice from the Kuna School District that because a portion of this property is in their district they had not received notice as they were required to by law. So, we did request that we, then, renotice the project completely. I did notify their attorney. We have notified them as -- as they requested to the specific people with the school district and so we had reached out to the applicant to let them know we would require this re-notice to be compliant with the noticing requirements in the Idaho Code and so they should be aware of that tonight and that's why we requested the date of May 7th. The Clerk's office did reach out to all of the contacts that we had with a-mails and anyone that had reached out previously on this to advise them as well to -- that we were continuing this matter tonight for a noticing issue. Simison: Thank you. Council, any questions for Mr. Nary? Others? Mr. Clerk, do we have anyone that signed up on this item? Johnson: Mr. Mayor, we did not. We did not activate a sign up for it in anticipation of this. Simison: Is there anybody here that showed up specifically for this item tonight? We do have someone who raised their hand that they signed up for this -- oh. Sorry. I was -- okay. No worries. So, with that, Council? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Really apologies to the applicant. Obviously this is an important process, but appreciate being here nevertheless. In light of the logistical noticing challenge with the Kuna School District, I move that we continue Item No. 12, public hearing for Reveille Ridge, H-2023-0050, to May 7th. Overton: Second. Simison: Have a motion and a second to continue the public hearing. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Nary, if I remember we continued that with just with public testimony about the -- the silos. Is that -- did I remember that correctly or is this a different application? Nary: Mr. Mayor, Members of the Council, Council Member Cavener, no, this is the one regarding the schools. The Kuna School District specifically was one of the concerns that was raised, but also West Ada and we were seeking more additional information Meridian City Council April 16,2024 Page 6 of 9 from West Ada, which the -- when I spoke with the planning department this morning we have received some additional information. So, we will be ready to go forward on May 7th. Cavener: Okay. Thank you. Simison: Any further questions? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. Thank you. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 13. Ordinance No. 24-2050: An ordinance (Windrow Neighborhood — H- 2023-0031) annexing a parcel of land located in the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 46.133 acres of such real property from RUT (Rural Urban Transition) to the 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: So, with that we will move on to Item 13, which is ordinance No. 24-2050 and I will ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Windrow Neighborhood, H-2023-0031 , annexing a parcel of land located in the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 46.133 acres of such real property from RUT to the R- 8 zoning district; directing city staff to alter all applicable use and area maps, as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Meridian City Council April 16,2024 Page 7 of 9 Simison: Councilman Taylor. Taylor: I move we accept Ordinance No. 240 -- excuse me -- 24-2050. Little Roberts: Have a motion and a second to approve Ordinance No. 24-2050. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 14. Ordinance No. 24-2051: An Ordinance (Windrow Neighborhood H- 2023-0031) for rezone of a parcel of land located in the southeast quarter of the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 19.62 acres of land from R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable 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; and providing an effective date. Simison: Next up is Item 14, which is Ordinance No. 24-2051. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Windrow Neighborhood, H-2023-0031 , for rezone of a parcel of land located in the southeast quarter of the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise meridian, Meridian, Ada county, Idaho, more particularly described in Exhibit "A," rezoning 19.62 acres of land from R-4 zoning district to the R-8 zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable 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; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like to read in its entirety? If not, do I have a motion? Meridian City Council April 16,2024 Page 8 of 9 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we accept Ordinance -- or approve Ordinance No. 24-2051 . Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2051. Is there a discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION per Idaho Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: Next item up is Executive Session. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we go into Executive Session pursuant to Idaho Code 74-206(1)(f). Strader: Second. Simison: Have a motion and a second to go into Executive Session. Do I have any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (6:11 p.m. to 6:46 p.m.) (Motion to come out of Executive Session: Cavener. Second. Strader.) (Motion to adjourn: Cavener.) Meridian City Council April 16,2024 Page 9 of 9 MEETING ADJOURNED AT 6:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-7-2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 2, 2024 City Council Work Session Meridian City Council Work Session April 2,2024 Page 9 of 9 Strader: Mr. Mayor? Simison: Council Woman -- Strader: Strader. Simison: -- Strader. Thank you. Strader: Like cake. A lot of emotions flying around. Thank you, Kim. I personally feel like this is still a great project. It made good sense years ago when we started the process. I think it still makes sense. I'm a little bit concerned about the cost -- kind of the magnitude of the cost is exploding. I'm appreciative of these potential dollars from COMPASS. I hope that comes through. If it doesn't I think we will have to really have a conversation. But unless -- and I don't know if anyone has a different feeling, but I'm happy to make a motion. Mr. Mayor, I move that we move forward on the Rail With Trail project request with COMPASS. Overton: Second. Simison: Have a motion and a second to authorize the Mayor to send a letter to COMPASS requesting -- or providing additional funds for the revised project. Is there further discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and I will sign a letter. Warren: Thank you, Mr. Mayor. Council. Simison: Thank you. Warren: And Councilman Borton. Your Honor. Your Honor. Borton: Ominous. Mr. Mayor? Simison: Councilman Borton. Borton: I move we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 4:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4/16/2024 ATTEST: CHRIS JOHNSON - CITY CLERK 4/16/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 2, 2024 City Council Regular Meeting Meridian City Council April 2,2024 Page 21 of 21 Roll Call: Borton, absent; Cavener, yea; Strader, nay; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: Four ayes. One no. And the item is agreed to. Thank you very much. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. FUTURE MEETING TOPICS Simison: Counsel, anything under future meeting topics or a motion to adjourn? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Unless there is a future meeting topic, I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4/16/2024 ATTEST: CHRIS JOHNSON - CITY CLERK 4/16/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: JA Welker Office Building Water Main Easement No. 1 (ESMT-2024-0051) .... ADA COUNTY RECORDER Trent Tripple 2024-019826 Project Name or Subdivision Name: BOISE IDAHO Pgs=6 ANGIE STEELS 04/17/2024 08:49 AM JA WELKER OFFICE BUILDING CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number. Q1 / ....._.Identify this Easement by sequential number if gleArajarAcontains more than one- - -"� --- ......easement of this type.See instructions/checklist for additional information. ------ -------- -- --------- - _.. For Internal Use Only ' Record Number: v ESMT-2024-0051 .. .... WATER MAIN EASEMENT THIS Easement Agreement made this 15th day of April 20 24 between / ' Milano Collective t_LC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); i ........ i .. _. 'WHEREAS, the Grantor desires to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS the water main is to be provided for through underground pipelines to be constructed by others;and i =WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in'consideration of the benefits to be"received by the Grantor,and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: ' .... (SEE AT EXHIBITS A and B) J . The easement hereby granted is for the purpose of construction and operation of water mains and their ' allied facilities,together with their maintenance,repair and replacement at the convenience of the ' Grantee,with the free right of access to such facilities at any and all times. -TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. i IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after ",.-making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including;but not limited to,buildings,trash enclosures,carports, - sheds,fences,trees,or deep-rooted shrubs. ' - THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within the boundaries of any , .... l Water Main Easement Page 1 Version 04/17/2023 Project Name or Subdivision Name: JA WELKER OFFICE BUILDING Water Main Easement Number: 0 Identify this Easement by sequential number if lba ntei>rl contains more than one easement of this type.See instructionstchecklist for additional information. For Internal Use Only E Record Number: SMT-2024-0051 WATER MAIN EASEMENT THIS Easement Agreement made this 16th day of_ April 20 24 between Milano Collective LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to,buildings,trash enclosures, carports, sheds, fences, trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page 1 Version 04/17/2023 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: M I[,tvi D (ol 1 ec$ot 11C STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2iy (date) by Darcia Jo ns (name of individual), [complete the following Z signing in a representative capacity, or strike the following f signing in an individual capacity] on behalf of Milano Collective,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) Notary Stamp Below J9rNFERPETRE Notary Signature NOTARY PUBW-STATE OFt�A1q SMNWAM20!?l50 My Commission Expires: AEON OffM 114&= Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Sim ison, Mayor 4-16-2024 Attest by Chris Johnson, City Clerk 4-16-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-16-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 Sawtooth Land Surveying, LLC } P: (208)398-8104 F: (208)398-8105 2030 S. Ave., Emmett, ID 83617 Water easements within Lot 42 of Block 3, Verona Subdivision No. 3, on file in book 94 of Plats at Pages 11422-11423, Ada County records, located in the SW1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: COMMENCING at a 1/2" rebar marking the southwest corner of said Lot 42; Thence N. 0021'49" E., coincident with the west line of said Lot 42, a distance of 12.50 feet; Thence leaving said west line, S. 89038'11" E., 3.92 feet to the POINT OF BEGINNING of Water Easement"A"; Thence N. 0021'49" E., parallel with said west line, 14.72 feet; Thence S. 89038'11" E., parallel with the south line of said Lot 42, a distance of 20.00 feet; Thence S. 0021'49"W., parallel with said west line, 14.72 feet; Thence N. 89038'11"W., 20.00 feet to the POINT OF BEGINNING of Water Easement "A". Said easement contains 294 square feet, more or less. AND COMMENCING at a 1/2" rebar marking the southwest corner of said Lot 42; Thence N. 0021'49" E., coincident with the west line of said Lot 42, a distance of 12.50 feet; Thence leaving said west line, S. 89038'11" E., 72.10 feet to the POINT OF BEGINNING of Water Easement"B"; Thence N. 0021'49" E., parallel with said west line, 6.72 feet; Thence S. 89038'11" E., parallel with the south line of said Lot 42, a distance of 20.00 feet; Thence S. 0021'49" W., parallel with said west line, 6.72 feet; Thence N. 89038'11" W., 20.00 feet to the POINT OF BEGINNING of Water Easement"B". Said easement contains 134 square feet, more or less. AND COMMENCING at a 1/2" rebar marking the southwest corner of said Lot 42; Thence N. 0021'49" E., coincident with the west line of said Lot 42, a distance of 12.50 feet; Thence leaving said west line, S. 89038'11" E., 117.16 feet to the POINT OF BEGINNING of Water Easement"C"; Thence N. 0121'49" E., parallel with said west line, 10.00 feet; Thence S. 89038'11" E., parallel with the south line of said Lot 42, a distance of 20.00 feet; Thence S. 0021'49" W., parallel with said west line, 10.00 feet; Thence N. 89038'11" W., 20.00 feet to the POINT OF BEGINNING of Water Easement"C". Said easement contains 200 square feet, more or less. i E , I r i i I OaS71NG 5.00'PUBLIC UTILITIES, IRRIGATION AND LOT DRAfNAGE LINE TABLE_ _ r I EASEMENT LINE BEARING DISTANCE r Ll 5 8.0 '11"E 3.92' I r L2 N 0002149"E 14.72' i L3 S 8903811"E 20.00' W I L4 S 00021'49"W 14.72' I�' a+l$ L5 N 891,38,11,W 20.00' I �i L6 N 00021'49"E 6.72' , 3 $ ~ L7 S 89038'11"E 20.00' I � x l L8 S 00021'49"W 6.72' r , I I L9 N 89°3rll"W 20.00' 1 g I t L10 N 00°2l'49"E 1 10.00' I y y Ll l S 89°38'11"E 20.00' I I i r L12 S 00°2149"W 10.00, I 1 ` Li N 89°38'11"W 20.00` l I I LOT 42 r I BLOCK 3 I I-------- r I t I t P.O.B. WATER Lll I 1 i 1 t I P.O.B. WATER --- I 294 v i EASEMENT"B" L7 — EASEMEM"C" Al;"'---- I SQ.FT. J 1 --- --- 1 O 200 N I I I e " 1`-2 134 FT. ell 25.06' 1 SQ.FT i t .L1.1—^------- ------ S8938'11 E48.18'---- — --- � S89°38'11"E I 1 I c LS L9 L13 �- I �^ P.O.B. WATER N EASEMENT A" S 89°38'I1"E 190.01' EXISTING 12.50'lNGRESS•EGRESS, COMMON ACCESS,UTILITY AND — IRRIGATION EASEMENT i N.T.S. O PRojwr.. - OMEWDevaoPER: - DwG s x 11574 • C:) J.A.VARXER OFFZa BUILDING 2030 S. WASHINGTON AVE P+ �r JAL WEIJMR AASSOCIATES,PLLC 124021-EX QIYOFMERIJLUV WATER EMMETT, ID 83617 1534 WEST wlNaswEPT DRIVE 4 EASEMENT EXHffiIT,LOT 42,BLOCK 3 MERIDL N ID 0646 P. (209 398-8104 LSHEFUT 'C'OF 1� VERONA SUBDIVISION NO.3 •• � T F. (208 398-8105 r�FF BE NG�'� SW 4 N� .,SECTION M, �wrO ,OTYOFMERIDIAN,ADA COUNTY,IaB0 aA 312024 5urvryia�GLG WWW.SAWTOOTHLs.GLOM v IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Jump Creek No. 7 (FP-2023-0030) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449816 STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING 4/16/2024 Legend DATE: - Do Project Location ' TO: Mayor&City Council ' A ILLA o FROM: Stacy Hersh,Associate Planner fu a a W 208-884-5533 w n4, HNEST p --- SUBJECT: FP-2023-0030 w wA z W APRI ST Jump Creek No. 7 = MCM ILLAWR !- --` II a LOCATION: The site is located at the northwest corner = W w LOS of W. McMillian Rd. and N. Black Cat z a FLORES ST Rd. on Parcel SO428449816 in the SE 1/4 - W ASTON T m of the SE 1/4 of section 28,Township 4N, Z T NA ST Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of(1)multi-family residential building lot on 3.25 acres of land in the R-15 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Applicant/Representative Kent Brown—3161 E. Springwood Dr,Meridian,ID 83642 B. Owner: Corey Barton, Open Door Rentals,LLC— 1977 E. Overland Rd.,Meridian,ID 83642 III. STAFF ANALYSIS The annexation,preliminary plat and development agreement for this development was approved by City Council in November of 2014(AZ-14-011,PP-14-013,DA instr. 2014-105206). The approved project allowed 318 single-family lots and two multifamily lots on 85.9 acres. Six final plats totaling 308 total lots,including seven(7)multi-family lots have been approved by the Council to date. Phase 7 marks the final phase,which involves platting one(1)additional multi-family buildable lot. On August 3, 2023,the Planning Commission approved a conditional use permit for 11 buildings and 44 multi-family units (Jump Creek South Apartments CUP,H-2023-0016). Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and development agreement in accord with the requirements listed in UDC 11-613-3C.2. Staff Pagel deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 V. EXHIBITS A. Approved Preliminary Plat(date: 5/30/2014) WWI.............�� ,•�Q � a �� o ka I t 2 21:21 Is !2 thk 2 11 a 2 RR Page 3 B. Proposed Final Plat(date: 3/6/2024) la PLAT SNOWNG JUMP CRPPA of lil) EYS1O.-1 ,10 LOGIIF°W—S 1/4t A g1/. w u1xa1 a■wa,a+r.,°mc wLniarn AT['IInIgA1L/GA lAw1T.IQ•N' ]iZ1 - '�c 5i •twv. � � ...e...im u. _ '' � m oxm s row ururr,rwo wo�eemn,vl umorrs IIIL {{ � i er.we dar�L vrn a WI..IMR T n•�n...n......irA�..,.o.s..n.-w.�e. /y.aWn w�af¢ - i.M a.e xw tin na �. Mnrr d'LiiP��e"•••`�"`�a� QMLEIIMrtwolPlrYNiICMIL JUMP CREEK SUBDIVISION NO.7 _......... ar m:4'3 ' I Lw rsx nrrr ov eecv°•vc INY&IIMe�II�.IRO.Q°L 5wMBnR I PLY�n01 qG0 Page 4 C. Approved Landscape Plan(date: 3/20/23) !AP-NF ^f - LANDSCAPE LEGEND PLANTSCHEDULE — _ a ° all, - _---,I _ o _ CALLOW LEGEND (ttiANDSCAPE f LAN-AREA ONE SRR��l1SHEEL LLO FOR OVERALL PROJECT PLAN 8EE SHEET L11 THROUGH LL2 FOR DETAILED LANDSCAPE PLANS. SEE SHEET L2.0 FOR LA14DECAPZ NOTES.AND PLANTING DETAIN 8EE SHEET L81 FOR FENCING PLAN AND TYPICAL SWALE DETALS Li.1 SEE SHEETS L8.0 3.1 FOR DESIGN RUDA IRRIGATION SPOGS AND DETAHA LANDSCAPE LEGEND 49 ir PLANT SCHEDULE all . I CALLOUT LEGEND y J /, NCSCAPE PLAN AREA rn0 6;;•�---.� mT�.wn Y SEE SHEET LLO FOR OVERALL PROJECT PLAN SEE SHEET LI1 THROUGH L12 FOR DETAILED LANDSCAPE PLANS. SEE SHEET L2.0 FOR LANDSCAPE NOTES.AND PLANTING DETAILS 8EE SHEET 1.21 FOR FENCING PLAN AND TYPICAL SWALE DETALS L1 Z SEE SHRRIS L&O-Al FOR DESIGN RUMM IRRIGATION SPECS AND DRTAR.� Page 5 LANDSCAPE NOTES _ . RhNTER BEO CUT ECGE - - l!'lJ i ` -, ,.•.•^F.•••,.•..^,4. 2 PERENNIAL 6 GROUNDCOVER--- .. •w'��"' "•�•""••'—'�•--•. .._._..-._.�....— PLANTING 'b `ten CONIFEROUS TREE PLANTING ..®.......—.,.. �i ,....ao.,.,W..r,..� IrRiGnrloN NOTES: BICYCLE FErAIR STATION .t Ks .--— --- Imo, DOCLAINER 7 - awDECQUOUS TREE PI AMflWi6L2.0 'Mill ! .01 zij TYPICAL PLANTING DETAIL IN DRAINAGE POND TYPICAL DRAINAGE PONDS ARE FOR REFERENCE ONLY,B3MM TO - CIVIL PLANS FOR ADDITIONAL INFORMATION AND RTGIIIB.ffiNT87r 40,k�.7;--7 I _- 0 Y,IN ENONG PLAN FENCING LEGEND a . -�.•,.- ( .$- I - >� �• 9104ETFMION ALTERNATE SEED MIX IWI ZL ' eta FOR REFERENCE ONLY ... . rL 2 1 TYPICAL DRAINAGE POND ENLARGEMENT Page 6 D. Open Space Exhibit(date: 12/12/2023) _ OPEN SPACE PLAN JUMP CFREK 57JUM51ON NO-5 k NO-7 Er ` b I, __ N[a m I I• MMe>tEMO.EN eRACf uUleeS�]ee SFRWe-e�.qA 9. .} u[e>tExl HelvelE,vN['E PHASE 7 PHASE 6 wwweNr ��, _ wNweeFNeee Imn ,eineo - �51- Pagec�0.n OP 7 E. Emergency Access Exhibit(date: 1/3/2024) JUMP CREEK NO 7 No Custom Logo Availobie and roDAT EM E RG ENCY ACC E55 EXHIBIT Caddy ur atlandprgo hCF to add your custom logo here rT� w a sl z nr w"Ho it K x a I e N W 060 D.0—51 wWphn&Si 3 EMERGENCY AC ]tSF x n A n P77t W dire .51 w fMV1 C.rpn 5>, W McMillan Rd W McMrll en Rd w mcmiRYn Rd W WM n i an RBI F e erel — �empCenef s, wr�r�sl x � x 3 $ a S wts� 1 m 43°38'49.89'N 116°26'52.80'W Mao cra c:oie rGo:mr Jan 03,2024-IandproDATAoom The materials available at this website are for informational Scale:1 inch approx inn feet purposes only and do not constitute a legal document. Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant is to meet all terms of the approved annexation(AZ-14-011),preliminary plat(PP- 14-013), development agreement(Instrument#2014-105206),Jump Creek No. 1 (FP-14-046), Jump Creek No. 2 (FP H-2016-0134),Jump Creek No. 3 &4 (FP H-2018-0113)Jump Creek No. 5 (FP H-2020-0003), Jump Creek No. 6(FP-2022-0004),and conditional use permit(H-2023- 0016)for this development. 2. The applicant has two years from the date of signature on the previous final plat phase(Jump Creek No.6—7/05/2025)to obtain City Engineer's signature on this final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Bailey Engineering,Inc., dated 3/6/2024, prior to signature on the final plat by the City Engineer, as follows: a. Note#6: Include recorded instrument number. b. Note#11: Replace the words"private street"with drive aisle and include recorded instrument number. c. Note#12: Include recorded instrument number d. Note#13: Include recorded instrument number. e. Note#14: Include recorded instrument number. f. Note #15 Replace the words "City Of Meridian Permanent Easement" and replace with "Permanent Landscape Buffer,remove the reference to an instrument number. g. Depict Lot 2, Block I located on the north boundary of this site, as platted with the first phase of the Jump Creek Development. Additionally, provide documentation confirming the right to use this lot for access. 5. The landscape plan prepared by South Beck&Baird, dated 3/20/2023, included in section V.C, shall be revised as follows: a. Depict the width of the 10-foot wide multi-use pathway within the landscape buffer along N. Black Cat Road, from W. Daphne Street to the intersection at McMillian Road per the Master Pathways Plan on the plans. If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. b. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover in accordance with UDC 11-3B-I2C. Additionally, obtain approval from NMID to permit the trees and landscaping within their easement along the lateral. 6. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-11C. 8. A public use easement for the pedestrian pathway shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). Page 9 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster for more information. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15,UDC 11-3B-6 and MCC 9-1-28. 11. The Applicant shall comply with all ACHD conditions of approval. 12. Prior to the issuance of a building permit,the final plat shall be recorded. 13. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 14. Future multi-family units constructed within the subdivision must substantially comply with the submitted elevations approved with the conditional use permit. 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS No Comments received C. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=340404&dbid=0&repo=MeridianC i &cr=1 D. MERIDIAN PARKS DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=340414&dbid=0&r0o=MeridianC ky E. IDAHO TRANSPORTATION DISTRICT(ITD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=340567&dbid=0&repo=MeridianC iv F. SETTLER'S IRRIGATION https:llweblink.meridiancily.or- /WebLink/DocView.aspx?id=340567&dbid=0&repo=MeridianC G. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY hyps://weblink.meridianciU.orglWebLink/DocView.aspx?id=341477&dbid=0&r0o=MeridianC Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Watts Meridian Medical Partners (SHP-2024-0001) by Focus Engineering and Surveying, located at 1256 S. Rackham Way CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER A In the Matter of the Request for Short Plat Consisting of Two(2)Building Lots on 2.53-Acres of Land in the C-G Zoning District for Watts Meridian Medical Partners Subdivision,by Focus Engineering& Surveying. Case No(s). SHP-2024-0001 For the City Council Hearing Date of: April 2, 2024 (Findings on April 16,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 2,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 2,2024,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 2,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 2,2024,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 WATTS MERIDIAN MEDICAL PARTNERS SHP-2024-0001 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 2,2024, 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 § I I-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 short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 2,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 613-7C). 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 §§ 67-6521(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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WATTS MERIDIAN MEDICAL PARTNERS SHP-2024-0001 -2- G. Attached: Staff Report for the hearing date of April 2,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WATTS MERIDIAN MEDICAL PARTNERS SHP-2024-0001 -3- By action of the City Council at its regular meeting held on the 16th day of April 2024. COUNCIL VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-16-2024 Attest: Chris Johnson 4-16-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-16-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WATTS MERIDIAN MEDICAL PARTNERS SHP-2024-0001 -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/2/2024 Legend DATE: ��PFoject Lflca iior �.p TO: Mayor&City Council V FROM: Sonya Allen,Associate Planner RUT 208-884-5533 R .L-O _ SUBJECT: SHP-2024-0001 Watts Meridian Medical Partners C-Cs R1 LOCATION: 1256 S. Rackham Way, in the SW 1/4 of Section 16, T.3N., R.lE. (Parcel +� + #R6819240215) C� 1. PROJECT DESCRIPTION A short plat is proposed consisting of two(2)building lots on 2.53-acres of land in the C-G zoning district for Watts Meridian Medical Partners Subdivision. II. SUMMARY OF REPORT Description Details Acreage 2.53-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use . Vacant/undeveloped Proposed Land Use(s) Healthcare or social service(i.e.medical offices)and/or professional service Current Zoning C-G(General Retail& Service Commercial) Proposed Zoning NA Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date NA History(previous approvals) Annexation Ordinance#719;H-2015-0024(Eagle Commons at Overland— DA Inst.#2016-106278);H-2017-0061 (Oxygen Sub.#1 SHP);H-2017-0062 (Oxygen Sub.#2 SHP);H-2017-0063 (Oxygen Sub.#3 SHP);PBA-2021-0008 (ROS#13005);H-2023-0075(MDA—DA not yet recorded) Pagel III. APPLICANT INFORMATION A. Applicant: Jacob Holmes,Focus Engineering& Surveying— 1001 N. Rosario St., Ste. 100,Meridian,ID 83642 B. Owner: Rigby Watts &Co.—2221 South 2000 East, Salt Lake City,UT 84106 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Legal notice published in newspaper 3/17/2024 Radius notice mailed to property owners within 500 feet 3/15/2024 Posted to Next Door 3/19/2024 V. STAFF ANALYSIS A short plat is proposed consisting of two(2)building lots on 2.53-acres of land in the C-G zoning district. Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in compliance with said requirements. Access is proposed via S. Rackham Way, an existing local street at the west boundary of the site and via the drive aisle at the east boundary of the site.A 20-foot wide roadway easement(Inst. #2019- 112574)is depicted along the northern boundary of the site for Flatiron Ln.,an existing private street. Pedestrian and vehicular access easements are depicted on the plat along the north,east and south boundaries of the site.A 25-foot wide cross-access easement is depicted along the shared lot line between Lots 1 and 2 for shared access between the two lots; Staff recommends this drive-aisle is constructed in its entirety with the first phase of development. Further, Staff recommends the site design is reconfigured so that vehicles aren't backing out from parking spaces into the main drive- aisle. ACHD is requiring pavement widening for S. Rackham Way and construction of curb, gutter and sidewalk—if a detached sidewalk is proposed, additional right-of-way(ROW)may be required to accommodate a permanent ROW easement. Curb and gutter exist along the northern boundary of the site along Flat Iron Ln.; a detached sidewalk is proposed. Curb, gutter and an attached sidewalk is proposed along the southern boundary of the site abutting the proposed drive aisle; and curb and gutter is proposed along the eastern boundary of the site adjacent to the existing drive aisle. A 10-foot wide street buffer is required along S. Rackham Way, a local street; an easement for such, approved with Oxygen Subdivision No. 3, is depicted on the plat(Inst. #2018-106281). A 10-foot wide irrigation easement(Inst. #2018-106281), a 10-foot wide sewer easement(Inst. #2018-106281) and a 5-foot wide Idaho Transportation Dept. ditch easement(Inst. #8913057) also lie along Rackham Page 2 within the street buffer easement. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C.A minimum of one (1)tree per 35 linear feet is required to be installed within the street buffer along with shrubs,lawn and other vegetative groundcover; a minimum of seven (7)trees are required,only four(4)are proposed—three(3) additional trees should be included in the street buffer(see allowed landscaping in clear vision triangles in UDC 11-3A-3B).If trees are not allowed within the existing easements, a minimum 5-foot wide area for planting trees and shrubs shall be provided outside of the easement area as set forth in UDC 11-3B-7C.Ib. Internal parking lot landscaping is not required with this application and will be reviewed for compliance with the standards listed in UDC 11-3B-8C with lot development. Future development of the proposed lots should comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. A 20-foot wide easement(Inst. #2019-112574) exists for Flatiron Ln., a private street,along the northern boundary of the site as depicted on the plat. A 50-foot wide permanent access easement (Inst. #2018-041517, Inst. #2021-116525)crosses the southwest corner of the site as depicted on the plat,recorded with Oxygen Subdivision No. 3. This easement should be amended in accord with the proposed plat. Underground stormwater storage is proposed within the parking lots on each lot. VI. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section V11 of this report and in accord with the findings in Section VIII. B. City Council The Meridian City Council heard these items on April 2,2024. At the public hearjng, the Council moved to approve the subject SHP request. I. Summary of the City Council public hearing: a. In favor: Adam Watts,Rigby.Watts&Co. (Applicant) b. In opposition:None c. Commenting None d. Written testimony: Adam Watts,Rigby.Watts&Co. (Applicant) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. Council deleted conditions#3c and the portions of conditions#3a&4a pertaining to possible dedication of additional right-of-way; at the request of Staff. Page 3 VII. EXHIBITS A. Short Plat(date: 1/11/24) LECEND WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION . BLOCK -- INCLUDES ALLOF PARCEL F AS ADJUSTED 1N RECORD OF SURVEY PROPERTY ROUNDARY "h ADJUSTMENT INSTRUMENT NO.2021-116525,IN BLOCK 1,OXYGEN SUBDIVISION NO.3, w �' -- ..xniunnrn.vrr purr. A.S SHOWN IN BOOK 111 OF PLATS,PAGE 16706,A PART OFTHE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,ROUSE MERIDIAN, unxx unxrxr.m xnnm, CITY OF MERIDIAN,ADA COUNTY,IDAHO �� � swt,��Mw.xMrn,..gn� �1Q xxaiauArsrracwmoe or N - _ _ .rrr�ra.rm,.ssm,o-:.�..,,.m [�• nOM 1p Taxx¢.ar. � _ _ O wxmwvv x.vvras m�vms sxass cn .. NCYI'NY uaw ! .,r IHK.f n wo"I1..19rr AlAu for cvux[�s - rvxn orvu nxmrxv awl.w.[rv[.o.u[if'a[�na Arvo[nev.5`ni FlIOIJiu]TN fxecwwrn srcnoKf0. [// rvnnxv,e GtcuL1{rro� aoxfruc `-'��� R .a _4�� s x y z IT 11 LOT 1 w sg I 1 it ' u1w Pl ¢ z Z ozlu�,�AnoH, I rnH ¢_ ji- 3a I Inuwa�vrrosrtvgll �d• ---� 1UT2 II ..,�.... . --— � IY "IT b ---------------------- nv[xneo aow I N~ _ - I u.�ov.na.�i.c !, ------ ss9=acm snwa gg gg gg pp pp gg! VICINITY MAP I CERIIRCATE OF SURVEYOR iror+a rax aeEar.(,;' `~ x�z'+""'•4 ray.xf�ar- F FINAL PLAT rwk><umx,mrr.,rnnnnvrr,rrs ex nwcnmsnuos,vv,x. GRAPHIC SCALE .:l Lima o f �l o 9nelora a F ""caneno�l��a 1 OF 2 � Page 4 B. Landscape Plan(dated: 2/2/24) --._ PIAM SOHEDUU:TOTAL PROJECT B b-- - r- 1T JNL 4y hi;- ,000000c000000 o. - ©o - ' - D r + ",•`"' :9: 3 p+� ®o.wo msett® ®eem me — vn a - 4.. L x ����(('�� P %- ..�d O 1 a� n{ �s d z 44 Irl ME 3 $ PIAHT SOHED—TOTPL PROJECT RPM SCHEDUIE PHASE 1RAM SOHEDUIE PHASE 2 IU L-2 Page 5 VIII. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2023-0075 (MDA). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. The short plat prepared by Focus Engineering and Surveying, LLC on 2/2/2024 by Evan J. Wood, included in Section VI.A, shall be revised as follows: a. Depict pavement widening for Rackham Way and curb, gutter and sidewalk as required by ACHD; additional right f way ,be required t be deli.-to l b. If the existing street buffer easement along Rackham Way is affected by the pavement widening required by ACHD, amend the easement and the plat accordingly. A minimum 10-foot wide street buffer should be provided measured from back of sidewalk if an attached sidewalk is provided,or back of curb if a detached sidewalk is provided,in accord with UDC 11-3B-7C. e. Amend the 50 feet wide pet:manen4 aeeess easement(last. #2018 041517, Mst. #2021 No. 3 to exelude the afea ifieluded in the proposed plat. 4. The landscape plan prepared by Foresite Design Group shall be revised as follows: a. A minimum 10-foot wide street buffer is required along S. Rackham Way,measured from back of sidewalk if an attached sidewalk is provided,or back of curb if a detached sidewalk is provided, in accord with UDC 11-3B-7C. b. Depict a minimum of seven(7)trees within the street buffer along Rackham Way in accord with the standards set forth in UDC 11-3B-7C (see allowed landscaping in clear vision triangles in UDC 11-3A-3B).At least 35%of qualifying trees must provide urban canopy at maturity, and at least twenty-five (25) percent of qualifying trees must be Class 2 selections, unless it can be shown that utility conflicts prohibit installation of Class 2 trees. If trees are not allowed within the existing easements, a minimum 5-foot wide area for planting trees and shrubs shall be provided outside of the easement area as set forth in UDC 11-3B-7C.1 b. 5. The east/west drive-aisle between Lots 1 and 2 shall be constructed in its entirety with the first phase of development. Stibdivisien No. 3, sha4l be amended or-. - -, ted in aeeer-d with the proposed er-esses the southwest eefaer- of the site as depieted en the plat, r-eeer-ded with Oxyge 7. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. Page 6 B. PUBLIC WORKS https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=339702&dbid=0&repo=MeridianC iv C. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=339692&dbid=0&repo=MeridianC iv D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLinkIDocView.a,y x?id=340356&dbid=0&repo=MeridianC iv E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=341514&dbid=0&repo=MeridianC iv F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=340176&dbid=0&repo=MeridianC iv IX. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial and the current zoning district of the site is C-G. City Council finds the proposed short plat complies with the short plat standards listed in UDC 11-6B-5. Future development should comply with the dimensional standards for the C-G district listed in UDC Table 11-213-3. B. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided and are adequate to serve the proposed lots. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; City Council finds all required utilities will be provided with lot development at the developer's expense. D. There is public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. E. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 7 F. The development preserves significant natural,scenic or historic features. City Council is not aware of any significant natural,scenic or historic features associated with short platting the structure on this site. Page 8 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Modern Craftsman at Franklin (FP-2023-0021), by Bailey Engineering, generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 2, 2024 ORDER APPROVAL DATE: APRIL 16, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FIVE (5) ) CASE NO. FP-2023-0021 BUILDING LOTS AND THREE (3) ) COMMON LOTS ON 11.46 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-15 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR MODERN ) CRAFTSMAN AT FRANKLIN. ) BY: BAILEY ENGINEERING ) APPLICANT ) This matter coming before the City Council on April 2, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING COLORADO RIDGE SUBDIVISION, LOCATED IN THE SOUTHWEST '/4 OF THE SOUTHWEST 1/4 OF SECTION 10, T.3N., R.1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2024, STAMPED by CODY M. MCCAMMON, PLS, SHEET 1 OF 5," ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MODERN CRAFTSMAN AT FRANKLIN FP-2023-0021 Page I of 3 is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 2, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MODERN CRAFTSMAN AT FRANKLIN FP-2023-0021 Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 16th day of April , 2024. By: Robert E. Simison 4/16/2024 Mayor, City of Meridian Attest: Chris Johnson 4/16/2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4/16/2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MODERN CRAFTSMAN AT FRANKLIN FP-2023-0021 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 4/2/2024 Legend ��� o DATE: TO: Mayor&City Council _ 1 FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Modern Craftsman at Franklin—FP FP-2023-0021 Ti i ' LOCATION: Generally located on the north side of W. Franklin Rd.,approximately 1/4 mile east of N. Black Cat Rd. in the SW 1/4 of - - _ Section 10,T.3N.,R.1W. -------- ----- OOF I. PROJECT DESCRIPTION Final plat consisting of 5 building lots and 3 common lots on 11.46 acres of land in the R-15 zoning district. IL APPLICANT INFORMATION A. Applicant: Judy Schmidt,Bailey Engineering— 1119 E. State St., Ste. 210,Eagle,ID 83616 B. Owner BPS Franklin Road,LLC— 1401 17t1'St., Ste. 700, Denver, CO 80202 C. Applicant Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0079)as required by UDC 11-6B-3C.2. The preliminary plat included one(1)building lot and one other lot for future right-of-way dedication. Due to the addition of a common lot for the internal private streets as required with the preliminary plat,the number of building lots increased from one (1)to four(4) as the common lot essentially divided the property into separate building lots. Due to the nature of this change, Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Pagel Private streets were tentatively approved with the preliminary plat. The Ada County Street Name Committee has approved the private street names within the development but street signs have not been installed. The proposed plat includes a common lot for the private street as required with the preliminary plat. The Applicant should install the street signs and provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street,including regulations for the funding thereof in order to obtain final approval of the internal private streets. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 10/20/2022) PBPs LgARY I'LaT FOR g�I '•� cnLnRADO Rlllf:E ti ------� .. v— ----__ T . f;j F "idl k Te rr .M . ., .M ICI i`' 'i dLd d All = _ --- Page 2 B. Final Plat W AVA70R ST. i o IT l y� of a 00 4 3 - - 3 III b x QI - $ m R 3 n 2 L22 F. 94 3 s _ xfl9Y�15'w `.�tl Nv_� Ms4 Ro7.L`' C i C)h n v ¢ fu Z O Z Z - - AtnmO l l N Za O�Cc D ® 94 • I O r� U z=_ Y n o m y m�Z2 ➢ m c -. �' 6 o U m o 3 9�m ram, n F �z - M iw— � v F- - W.FRESH POWDER LN.(PRIVATE)NN9F5'3B'W 206.24' � U5 11 t.Z6 C,t C1Y L13 �' �5g9'IS'34E Bfl36� �' rm0 0� PROFF�, �, LI, W.CHAIR LIFT LN.(PRIVATE) ctu W.CHAIR IJFT LN.(PRIVATE) F (/1111 Y�14'f tVpb 6w9Y5'y;E 2530C 599't 5'34'E IM.q]' 915'34'E 75,93 A 2a'n y 'Lr pW iZ 4 r2g e$ q z. i1DA3f� c o y� E y 0 E =n 7 m D 88915'34"E 552.98' S89'15'34"E m -W FRANKLIN RD. y w 65.28' 132°,23 cm fD (p Z BASIS OF BEARINGS g o �� �, m ci�9 58B'15'34'E 2640 54' � g n UC. _ I� o R• e�d C7 iO Page 3 Sys N 15'50 M•41230' W. AVIATOR 5T. l.R. 1 'SC'sue '�� -'•'C 11 M1lyd� -1A � A*Pi ;,s [a t1 ♦ L z �- I L'x rdsd CC I� e F` l ! ! A I to I a o's a 1 e �a s saass�� I� m n I= 1 ; vN � I x rA[ gm i IF f m 8 m A a! 4J GI $ �0 s � � I I Lye a ]t I 9 m MD LLI W-FRESH POWDERS LN- (PRIVATE) aol� ? 46915�MFW 206.24• G O 41 c22 IYxeI �: m w— I I A G L,SB W. CHAIR LIFT L (PRIVATE) W. CHAIR LIFT LN. (PRIVA� --) Y r Id Te C7 ays ao I I Z E � �; LN6 0 - --- CD L z S8.15.31VE 552.9e -- 5691 S'3a'E W FRAN KLIH RO- � �.yg• Page 4 COLOR4DO RIDGE SUBDIVISION ❑e.reel. ua.ram. a"W rem. uo.mm. uN.rbmW ry.w rem. e.�w rbm. ,.I -oh ..I w./ ..I Nr..I N ♦oV a9TY]b"w uod n nRiY x.SV ev'35[ ry R.3'o6'S5' n6i 9T.9Yw +I'SA36' ioN 5.zr '4s•w I ]ass' 'SSTs E ono' zs'sr e.5z seVn'a�� 55Y 5a+Y5m-w a']6'w 2 a'a6'w 6 a'afi"W ] 5'SY O S5}4'W 1..35' ]afiT n2'STW 9• a 53'3197'W 7B i zaM n i.al] + �oa'c I �+v sam 23U s ' 21- 96T A.]Y N �iTYxs'e �.xV bx"5 W].sV ] ebe a'zYi57- ]g7C�' T54 tu,�Y sa6m'c6' bx� - ]'35"W + 93,9V ]`SYSTw SI'464 aa'a5' L. l.1 Li R. L� LR CRR W'35'W 55a'aP C36 laa7- 5aa� I 'm'3Yw ] Ra6Y +a.WY w e'su"n x'SSxe xWr.SV L. L. Eta g'zJ3T5•W 6 E+I]I o'ss}gE �I81 �2]+ ggb'x g Ct5 C59 I YE 'SSW I)B' 36'ST4]" 5'IYE 'u� Tb4 + 25N 3 25V U6 Laa ]'35'W 1 L- L]3. 44'RE£ +924T C29 ]]+T ]] C6R 63a� !.a"w + 1rzp sa naY L. ]'65'W 6'4YE a'R]'E Lt9 Y55'w t LfiJ i6p L+J] o'.xi}.•W L19] so b']5'w a6 L]]) s LJR ]YaYw x t65 CfT3A'W xVe'S4'E S,6S ']eM oa'ao' u3 55'33•W ]e La6 M'xA'E L+w 56GC54E a L�9a L]w WW9 Cxi 21256' 3'eb1Y L. s'e"w Iz aa'ar rs�J b'35"W 54]5' S+TVWp .1 MW 1. 566'M']6'w +�].W' % nr3an6 2oN o-n}aw xii�.N 'vb'w sas'R.'.e-a mo-5e',.1. lu.o9' n�rs+afi•w slxi' L. s]. I seazrxs� sw L. SCS'36'35'w I.1.' LIIIorv6'36'W ]).39' S8913'3.'E 13 ]hb4 5 e'35•E s'x'E e's.•w zt \yqL 6ANp SHEET 3 OF 5 11779 NOTP WHIZZ.--e])w SEE SHEET 1 U 5 FOR NOTES t1bbby hgineeMM Ina. a pif o- of a �prp uccnmM° CIVIL ENGINEERING PLANNING ICADD saaExl. dnw.o,+a Page 5 C. Landscape Plan(date: 2/27/24) �eacrlpclan oac. IM"RM VI AN11— 4-;f., 0 L JBgsegmLTS _. 21 _ ! za Cl) w W umfwwillilf s i �z aU O j J WZ --- J ---- — z� z J O a W cc _x Mr- LL Job Numb.r 223s i L •• — I, HFFErc i�FAL,I I I.ANr— IFEriT:N R AN". prawn rcCs 2.F=F N F'TG riHT L 5 FLU f-1 FKr RAN tires Scol� AS bHO WN �-.NI.I fAIL 5. _ SM1e S Tltl. - - � -- d° � 9.RI I I I I:�Sl+f L6 E-OR PLAN f'.GHCGLLC. _ L�.ro -..,I NOMS.MDDDAIL5 LANDSCAPE a.wln.USNT LT voR UFroscnr� PLAN ;-'- "::"' IV II'III IL.MAFY.E75'ELI�FIGA IGi W. FRANKLIN RD. 5he.t PJ'EfiT Numb.r 1— LO DEVFLOPER 3akJ�. ES TM T E E uoHTN scn�e I•=as ! o e sn..ly Page 6 I 1 x 0 rz z a LILI � Z a O J LU U Q iv' J Oft m a sue\ x M'TCHLINE LI - *_ r MATCHLINE L2 KEY MAP _ ' i LANDSCAPE �A •�a �� ' , h -RMI Li MaTCHL1-E L1 �pL NT SG REDUCE MATCHLINE L2 oo oo BrIF o � - ,L z z D. W a mi ¢ H c Y w co i NOSLs.cw.ereiw a..„o U Q p TE io ate , ZCL zOf w cc 0 cc 3 F �«�.�emu...,.,�.:. O m LL _ _ I � MATCHLINE L2 KEY MAP MATCHILINE L3 W FR;<„k„1yPCWCER LN ®® Ln. ro.m wuei-iv W:Fnuiiw ra 2 Page 7 MATCHLINE L2 _ s MATCHLINE L3�— — — — — ;roEr:L / y 1 w 14, j ��,.. 6 u i° -I�. a ww H_I LIFT _ CHAII LIFT L� ,. wma. — p Z 1 Q MATCH-INE 0 1Y°' U— 00 MATCHLINE L4- —" — £ —� <Y W Z UZ wa Q G J W Q 0. J I Q Q J PLANT SCHEDULE NOTES O m LL KEY.MAP _ Fv i i� i„ O 4 ^LANDSCAPE PLAN ®® pL3 MATCHLINE L3 - MATCHLINE 416 q rxuf - L p e za !9!1!! o ;I }}ggOyy FA rI z a Fw Z as - - _ _ aJ0N F-Iu -� �Y wz UQ o� �� pI W ¢D' o Q_J PLANT SCHEDULE NOTES O m LL Fq ,P, 0 KEY MAP -...w. �i nn LANDSCAPE .. N'� iiii PLAN „ L4 Page 8 �� rr • �rra —rm�.� _ OI 6'BLACK IRON OPEN VISION F-L-NroL ins mi �J�i wAMa TFRTLLZ a� Q J LU u1 Pew r !ie�Z wZ -_-- — U W a - - r r-- W ;LL o mLL r-- -_- - -- ----- - - 5OM VINYL PRIVACY FENCE '� 6'OPEN SLAT TOP VINYL FFNOE ..L © L5 PLANT SCHEDULE 'J OBIKE RACK �•* r r r. E rr ram.aye T °� �pLF's ... it r r ii rr r rnr ' rrxz rn nrncwa ELTE a�w s�r.xr.nx�w�s.wrrnn r .�.rnr Lws.EEro� rur h ff 5 'r ' 'x•-'°•�•.`"" OI TRLL PLANTING/-KIND H r�R xw y �/ wroimOS Q Z SYNTNFNc TURF n AL-14MC-NT E ©.,, ' :Hn O 0. LULU NOTES L~L Z M v w n. �Y wi r UZ W a Q �J O6HRUB PLANTJW� p10 w.v. ^� rr .rr rr rr.err rr r r� rr rr. ,r r FrU- O, u, i'x ill,i'ur'wi�i a i�i„1�1 t,",xir.rr t r ii it rnrr�.,r�'i i'. nnrr i r .�iiix 0 Q J O ma 2 ©PET NATF 6TANON aA rr r re r �rr ,r� '� urni rrr.xr r.mrnnmrn,wrr«s..r C LL LANDSCAPE CALCULATIONS E L O3 PLANTER cuT BE -owl xii �..'i 'i'r x'r � a,.iwa LDEfALSPE 41 r rllr L6. Page 9 D. Private Street Cross-Section T26' DRIVE LANET SLOPE VARIES SFF N VIEW 2 1 /2" ASPHALT 4" OF 3/4" MINUS CRUSHED AGGREGATE Q o 12 OF 6" MINUS PIT RUN (PARKING) � Q 0 0 . PARKING LOT & 26' DRIVE LANE TYPICAL SECTION NOT TO SCALE E. Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2022-0079,DA Inst. #2023-045433. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by May 23,2025), in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Bailey Engineering,Inc., stamped by Cody M. McCammon, shall be revised prior to signature on the final plat by the City Engineer, as follows: a. Notes#11-15 and 17: Include the recorded instrument numbers of the noted easements. b. Widen the sidewalk to 6-feet along W. Aviator St. in accord with preliminary plat condition#2.1d and Street Section C in the TMISAP,unless an alternative street section is approved by ACHD. c. Remove"N. Moshova Ln. (Private)"from the plat as it's not an approved private street and should not be named. Include a note for ownerhip and maintenance purposes that defines the use of the lot as a drive aisle. d. The Professional Land Surveyor's stamp shall be signed and dated. e. Graphically depict and label the easement on Sheet 2 that's referenced in Note#13 for the private street ingress/egress and cross-access easement. f. A cross-access/ingress-egress easement shall be granted to the property to the west at 4610 W. Franklin Rd. (Parcel#S1210336377)for access to the drive aisle via W. Franklin Rd. located along the west property line per preliminary plat condition#2.5. 5. The landscape plan shown in Section V.C,prepared by Jensen Belts Associates,dated 2/27/24, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Widen the sidewalk to 6-feet along W. Aviator St. in accord with preliminary plat condition#2.1d and Street Section C in the TMISAP,unless an alternative street section is approved by ACHD. b. The rock mulch area within the 25-foot wide street buffer along W. Franklin Rd. shall be at least 70%covered with vegetation at maturity with mulch used under and around the plants as set forth in UDC 11-313-5N. c. The berm within the street buffer along Franklin Rd. shall have no less than a 4:1 slope; include a detail of the berm that demonstrates compliance with this standard. 6. Future development shall comply with the minimum dimensional standards for the R-15 zoning district listed in UDC Table 11-2A-7. 7. The private streets within the development shall be constructed in accord with the standards listed in UDC 11-3F-4 and the exhibit in Section V.D. Page 11 8. If Aviator St. hasn't been constructed with Aviator Subdivision,ACHD is requiring the on- site and an off-site portion to be constructed with this subdivision. The street shall be designed consistent with Street Section C(major collector street)in the Ten Mile Interchange Specific Area Plan,unless an alternative street section is approved by ACHD (see pgs. 3-20, 3-22 and 3-23). 9. The Applicant shall install the private street signs and submit documentation to the City of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street,including regulations for the funding thereof in order to obtain final approval of the internal private streets in accord with UDC 11-3F-3B.4. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridiancily.orglWebLinklDoc View.aspx?id=314636&dbid=0&r0o=MeridianC hty C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=314808&dbid=0&redo=MeridianC ity D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridiancily.orglWebLinkIDocView.aVx?id=314673&dbid=0&redo=MeridianC Ry Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Windrow Neighborhood H-2023-0031) Between City of Meridian and Conger Management Group Inc., Open Door Rentals LLC, and C4 Land LLC for Property Located at the Northeast Corner of S. Linder Rd. and W. Amity Rd. ADA COUNTY RECORDER Trent Tripple 2024-019824 BOISE IDAHO Pgs=67 ANGIE STEELE 04/17/2024 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE ' i i DEVELOPMENT AGREEMENT PARTIES: 11 City of Meridian 2. Conger Management Group,Inc,,DEVELOPER 3. Open Door Rentals LLC, OWNER 4. C4 Land LLC, OWNER THIS DEVELOPMENT AGREEMENT(this Agreement), is made and entered into this 16th _ day of April 2024, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue, I Meridian, Idaho 83642; and Conger Management Group, Inc., whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called "DEVELOPER;" and Open Door Rentals, LLC, whose address is 1977 E. Overland Road, Meridian, Idaho 83642; and C4 Land, LLC,whose address is 4824 W.Fairview Avenue,Boise,Idaho 83706, Open Door Rentals,LLC and C4 Land,LLC shall be referred to herein collectively as"OWNER." 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 § 67-651IA 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 have submitted an application for annexation and zoning of approximately 46.133 acres of land with a request for the R-8(Medium-Density Residential)zoning district on the property as shown in Exhibit "B" under the Unified Development Code; and a rezone of approximately 19.611 acres from the R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district on the property as shown in Exhibit "C" under the Unified i Development Code; and a modification to the existing Development Agreement(H-2015-0019—Inst.92016-007443)for the purpose of creating a new Development Agreement to develop the proposed residential DEVELOPMENT AGREEMENT—WINDROW NEIGHBORHOOD(H-2023-0031) PAGE 1 Or 10 L� subdivision; 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 rezoning held before the Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 17' day of October, 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"D;" and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on the final plat; and 1.9 WHEREAS, the parcel described in "Exhibit C," which is subject to a previous Development Agreement recorded as Inst. #2016-007443 ("Previous Agreement"), shall be bound by the terms of this Agreement and shall no longer be bound by the terms of the Previous Agreement; and 1.10 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 1.11 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. DEVELOPMENTAGREEMENT-WINDRow NEIGHBORHOOD(H-2023-0031) PAGE 2OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Open Door Rentals, LLC, whose address is 1977 E. Overland Road, Meridian, Idaho 83642, and C4 Land, LLC, whose address is 4824 W. Fairview Avenue,Boise, Idaho 83706,the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Conger Management Group, Inc., whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to those certain parcels of Property located in the County of Ada, City of Meridian as depicted in Exhibit "A" describing the parcels 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. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan, phasing plan, common drive exhibits, and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"D" and the provisions contained herein. DEVELOPMENT AGREEMENT-W INDROw NEIGHBORHOOD(H-2023-0031) PAGE 3 OF 10 b. The parcel described in "Exhibit C" shall be bound by the terms of this Agreement and shall no longer be bound by the terms of the Previous Agreement (Inst. #2016-007443— South Meridian H-2015-0019). c. The existing home and outbuildings on the property being annexed shall be removed with the first phase of development, as proposed. d. The existing home on Lot 1, Block 10 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in Meridian City Code ("MCC") sections 9-1-4 and 9-4-8. e. The rear and/or sides of homes visible from S. Linder Road and W. Amity Road (Lots 12-19, Block 3; Lots 5-6, Block 7; Lots 8-18, Block 7; Lots 2-22, Block 2; Lots 2-10, Block 1) shall incorporate articulation through changes in two or more of the following: modulation (e.g., projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event 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 DEVELOPMENT AGREEMENT—WINDROWNEIGHBORHOOD(H-2023-0031) PAGE 4OF 10 E.�d/ hearing procedures set forth in Idaho Code section 67-651IA, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include,without limitation,acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the 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-WINDROWNEIGHBORHOOD(H-2023-0031) PAGE 5OF 10 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: OWNER: Open Door Rentals, LLC C4 Land, LLC 1977 E. Overland Road 4824 W. Fairview Avenue Meridian, Idaho 83642 Boise, Idaho 83706 DEVELOPER: Conger Management Group, Inc. 4824 W. Fairview Avenue Boise, Idaho 83706 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 Covet 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 patties' 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 ft DEVELOPMENT AGREEMENT-WINDItow NEIGHBORHOOD(H-2023-0031) PAGE 6 or 10 / tt 1-.- f acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion,to remove a portion of the Property("Removed Property")from this Agreement at any time,provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. 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. 22. 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. 22.1 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. i 23. 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. DEVELOPMENT AGREEMENT-WINDROW NEIGHBORHOOD(H-2023-003 1) PAGE 7OF 10 rr [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-WINDROW NEIGHBORHOOD(14-2023-0031) PAGE 8 OF 10 k ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Open Door ttals, C By: Its: hW STATE OF IDAHO ) ss: County of Ada ) On this Aay of 201R� before me,the undersigned, a Notary Public in and for said State, personally appeared M a��-(�� , known or identified to me to be the _ � of Open Dd Rentals, LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS VF ..W0VQV.]have hereunto set my hand and affixed my official Seal the day and year in this I ../l certificate first above y 1Is L,g o a :,t;OTAR)A EA1:) Notary Public �•� ' ; • My Commission Expires: i ;o pUB LICE i '.,CP�'.�No.20�1't•''0,.•. "'••:ire �oP••' OWNER: �'''naOFn•••�•• C4 Land,RLC BY Its: �✓. L r. STATE OF IDAHO ) ss: County of Ada On this 2S "day of 20�before me,the undersigned,a Notary Public in and for said State, pe onalN�Cs ly appeared—� 4 �[�> known or identified to me to be the mf? �{� of C4 and, LLC a Il the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my ban and affixed my official seal the day and year in this certificate first above written. es •.•o((� L•* '• ��•• Notary Public No�rney My Commission Expires s .ties B DEVELOPME1Ql' ENT- NEIGHBORHOOD(H-2023-0031) PAGE 9 OF 10 •,•°9�•OF 10Po'• DEVELOPER: Conger Management Group,Inc. By: U• Its: „— STATE OF IDAHO ) ss: County of AdaCIA ) On this ay of r , 20c�4, before me,the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Cong&Managemen Group,Inc.and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal the day and year in this certificate first above written, �••����Al�,St• ;�+���� Notary Public r '��.G4.•••M••••y��•,�� My Commission Expires: - s�tyOTAR s s � UBLtG " a We CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4/16/2024 Chris Johnson, City Clerk 4 16 2024 STATE OF IDAHO ) :ss County of Ada ) On this 16th day of April ,20 24 , 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-WINDROW NEIGHBORHOOD(H-2023-0031) PAGE 10 OF 10 r r 15 EXHIBIT A 5awtooth Land 5urveym6j, LLC 00Tf� P: (208) 398-8 104 f: (208) 398-8105 2030 9. wa5hm6jton Ave., Emmett, ID 83G 17 Windrow Boundary Description BASIS OF BEARINGS is N. 0131'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence N. 0°31'28" E., coincident with the west line of said SW1/4, a distance of 364.11 feet to a 5/8" rebar with an illegible cap and the POINT OF BEGINNING; Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 962.17 feet to a 5/8" rebar/cap PLS 11574 marking the S1/16 corner common to Sections 25 and 26; Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 760.50 feet to the centerline of the Calkins Drain; Thence leaving said west line and said centerline and coincident with said centerline of the Calkins Drain the following five (5) courses and distances: Thence S. 82151'07" E., 95.25 feet; Thence S. 7012842" E., 50.00 feet; Thence S. 59°1641" E., 42.00 feet; Thence S. 4304442" E., 45.00 feet; Thence S. 4102442" E., 913.66 feet to the north line of the S1/2 of said SW1/4; Thence S. 89129'27" E., coincident with the north line of said S1/2 of the SW1/4, a distance of 504.44 feet to a 1/2" rebar/cap PLS 6552 marking the SW1/16 corner of said Section 25; Thence continuing, S. 89129'27" E., coincident with said north line, 644,28 feet to a 1/2" rebar with no cap; Thence leaving said north line, S. 0026'12"W., 1324.51 feet to a 5/8"rebar with no cap on the south line of said SW1/4; P:\2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Boundary.docx oa � e 11 L Thence N. 89132'33" W., coincident with said south line, 645.40 feet to a 5/8" rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25 and 36; Thence continuing, N. 89132'33"W., coincident with said south line, 1025.52 feet to a 5/8" rebar/cap PLS 5617; Thence leaving said south line, N. 0131'28" E., parallel with said west line, 364.11 feet to a 5/8" rebar/cap PLS 5617; Thence N. 89032'33"W., parallel with said south line, 300.04 feet to the POINT OF BEGINNING. Said parcel contains 65.744 more or less. L� �- �lJ �. 11r / 4 ,rare ne tia�� �ti'r 6JCA�ti�`l PA2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Boundary.docx Pege 12 '.. L-4/ 69(19Z A1.6592.W5 S lJ V la tl a� W ^� L Qom(]® n ry�•i I I z°MM o 0 -N Uj �¢ ,(5"42EI M,SL9Zo005 '. 21 g N � l) I I ¢ 0 q w �p�a .60'SZEi M,90.6Zo005 3 — a o OW M Z I o ct O g p ,Ay = N A�ryAA�y� � U uj / _ Q IIQ' i�i'49£ 3.B2,[E.06N 3_BZ,[E.W N 0.11 N3QNI'1 S . . . . . .. . .oNlavae do sisvu .�• M G; /, V7 LL- CD \O Cl i I EXHIBIT B 5awtooth land 5urveyin6j, LLC G/l1/7 00 �� P: (208) 398-81 O4 P: (208) 398-81 05 2030 5. Washington Ave., Emmett, ID 6361 7 Windrow Annexation Description BASIS OF BEARINGS is N. 0031'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the SWi/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence N. 0131'28" E., coincident with the west line of said SWl/4 and the centerline of S. Linder Road, a distance of 364.11 feet to a 5/8" rebar with an illegible cap and the POINT OF BEGINNING; Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 962.17 feet to a 5/8" rebar/cap PLS 11574 marking the S1/16 corner common to Sections 25 and 26; Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 760.50 feet to the centerline of the Calkins Drain; Thence leaving said west line and said centerline and coincident with said centerline of the Calkins Drain the following five (5) courses and distances: Thence S. 82051'07" E., 95.25 feet; Thence S. 70028'42" E., 50,00 feet; Thence S. 59116'41" E., 42.00 feet; Thence S. 43144'42" E., 45.00 feet; Thence S. 4112442" E., 913.66 feet to the north line of the SW1/4 of the SW1/4; Thence S. 89129'27" E., coincident with the north line of said SWl/4 of the SW1/4, a distance of 504.44 feet to a 1/2" rebar/cap PLS 6552 marking the SWi/16 corner of said Section 25; Thence S. 0129'06" W., coincident with the east line of said SWl/4 of the SW 1/4, a distance of 1325.09 feet to a 5/8" rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25 and 36 and the centerline of W. Amity Road; Thence N. 89132'33"W., coincident with the south line of said SWl/4 of the SW1/4 and said centerline of W. Amity Road, 1025.52 feet to a 5/8" rebar/cap PLS 5617; P:\2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Annexation.docx Page 11 Thence leaving said south line and said centerline, N. 0031'28" E., parallel with said west line, 364.11 feet to a 5/8" rebar/cap PLS 5617; Thence N. 89132'33"W., parallel with said south line, 300.04 feet to the PINT OF BEGINNING. Said parcel contains 46.133 more or less. n G' k n 11 74 Sf�'y ✓FT CJLNCJ PA2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Annexation.docx Page 12 A. !N 69[NS M.6£9z.W5 Q N Q ry N N I C('ilry„W y g� WW �MEItM o I a � I tZn�oo wail s M Pa �g ,i9'bZE[M.A•9Z.665 I I a a nl w ��� ,66'9ZEi M„90,6Ze995 3 � O � U23 W W f m) WW? S4 N I I I O g O Cl y �I U m z e I t ry e°v� A%tB5 peg z U A o a' s� W I isB' IIQ'' I�I'b9E 3.9ZdF.O6N d:M 3 ,B['sss S 69'69t 3.9LIEe66N r� ,tt'Z963.BZ,IEa96N WM ie'nc fit ' sNiavaa ao slsve -f cn h z � I_a EXHIBIT CAOL Sawtooth Land Surveying, LLC �P: (206) 398-8104 P: (208) 398-8105 2030 5. 'Washinclton Ave., Emmett, ID 83G 17 Windrow East Rezone Description BASIS OF BEARINGS is N. 0131'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the SEi/4 of the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence S. 89132'33" E., coincident with the south line of said SW1/4 and the centerline of W. Amity Road, 1325.56 feet to a 5/8" rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25 and 36 and the POINT OF BEGINNING; Thence leaving said south line and said centerline, N. 0129'06" E., coincident with the west line of said SE1/4 of the SWl/4, a distance of 1325.09 feet to a 1/2" rebar/cap PLS 6552 marking the SW1/16 corner of said Section 25; Thence S. 8902927" E., coincident with the north line of said SEl/4 of the SWl/4, a distance of 644.28 feet to a 1/2" rebar/no cap; Thence leaving said north line, S. 0026112"W., 1324.51 feet to a 5/8" rebar/no cap on said south line and said centerline; Thence N. 8903233"W., coincident with said south line and said centerline, 645.40 feet to the POINT OF BEGINNING. Said parcel contains 19.611 acres more or less. Z � U 11574 9 ,. o r . o r✓F�.� t3�.t\G�Fy P12023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow East Rezone.docx 11,11V��11 � �-' BASIS OF REARING N m . . . . . . . . . . . . . . . . . . . . . . n.Ulla'l 202.5e.. . . . . . . S. UNDER RD . . . . . . .p. C 364.11' w N 00 31'28"E 962.1T yb N00'31'20"E 260.50' A � N00°31'28"E 364.11' a W m V I� OS /h Vay� (� ZCf) N � O` ID --IW f(yn7�7 / DW (p i I tii O o m � o Z m 6 - -- - - - - - - - - - - a mmm N Z p NOB°39'O6"E 1325.09' § o �t W § q O Ie � 9 IN F ° X y r' \\ � o U1 �I 9 > � z 0 k'I a nv3� k Li - - - ---- - JMW 3 EXHIBIT D CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW M IDIAI�T.=-- AND DECISION&ORDER In the Matter of the Request for Annexation,Rezone,Preliminary Plat, and Modification of the existing Development Agreement(H-2015-0019—Inst. #2016-007443) consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R-8 zoning district, by Conger Group. Case No(s). H-2023-0031 For the City Council Hearing Date of: September 26, 2023(Findings on October 17,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 26,2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 26,2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 26, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 26,2023,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. 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(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) - I- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 26,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation,Rezone,Preliminary Plat, and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 26,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) -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 September 26,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) -3- By action of the City Council at its regular meeting held on the 17th day of October 2023. 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 JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) An�11 Mayor obert". S ison 10-17-2023 Attest: Chris Johns 10- City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. Cha&m--Wa�By: Dated: 10-17-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) -4- STAFF REPORT C� w COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/26/2023 Legend DATE: tt Project Locakpri TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner — - x 208-884-5533 r SUBJECT: Windrow Neighborhood , H-2023-0031 i Wurtii:u a LOCATION: Located at the NEC of S. Linder Road x` and W. Amity Road in the SW '/4 of Section 25, Township 3N,Range 1 W (Parcels#S1225347078,#S1225325700, f j #S1225336520,#S1225336505). - - 'w I. PROJECT DESCRIPTION Request for Annexation of approximately 46.133 acres of land from RUT in Ada County to the R-8 zoning district; • Rezone of 19.62 acres from the R-4 zoning district to the R-8 zoning district; • Preliminary Plat consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R-8 zoning district; and • Modification of the existing Development Agreement(DA)(H-2015-0019-Inst.#2016-007443) for the purpose of creating a new DA to develop the proposed residential subdivision(Note: The MDA application requires Council action only). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—46.133 acres;RZ— 19.62;PP—65.10 acres; Future Land Use Designation Medium Density Residential(MDR,3-8 du/ac) Existing Land Use(s) County and City residences and several outbuildings Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 292 total lots—251 residential building lots, 1 existing home,and 40 common lots Phasing Plan(#of phases) Proposed as five(5)phases Number of Residential Units 252 single-family units Density Gross—3.87 du/ac. Description Details Page Open Space(acres,total Approximately 10.39 acres of open space proposed /buffer/ ualified) ((approximately 16 Amenities Four(4)qualifying amenities are proposed,totaling 15.5 amenity points—Large Dog Park,Neighborhood Park with a play structure,climbing dome, seating areas w/shelter, other open green space with picnic areas,and multi-use hway segments. Physical Features(waterways, The Calkins Lateral and Carlson Lateral bisect the site hazards,flood plain,hillside Neighborhood meeting date March 30,2023 History(previous approvals) South Meridian Annexation H-2015-0019,Development Agreement Inst.2016-007443 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via S.Linder Road,an existing arterial along the entire west boundary (Arterial/Collectors/State and via W.Amity Road,an existing arterial street along the entire southern boundary of Hwy/Local)(Existing and the property. Proposed) Stub No existing stub streets.Applicant is proposing five stub streets with this project;two to Street/Interconnectivity/Cross the east/west for Street B,one to the east for Street K,one to the east for Street O,and Access one to the north for Street P. Existing Road Network No Capital Improvements Cwlal Improvarrronta Plan 1Clpy Intopralad#Ivo Year Work Plan(W mph: Plan/Integrated Five Year * Lindor Rbad is listed in the CIS to bo wide to"nGi i VKtc y Road rO►miry Road Work Plan bmwetin 2036 and 3N0 The O t nocbm aF Linder Road ana Amur Rand is Uted In ifte CI-P to tie recortstructee as a dual tent rorndsboul with a waistbw W rW4h lum bypam tarws wily+4-rhea on lhu north leg. 4-lanes an Ow Sauk#-lanes an rho east. and 4•I8rm an the west kN beLw0@ri 2036 and 2M + vewy Rom is *U*dubd ir4 The tFYWp m be wtdnned in manee from Linder (toad to Mertdlan Rand with the d&sV year {n 2tl2'fi and the corz&uubw date has not been dafwn*rd. + The IMIrYW hdn bf LwKW Read and victory Road is baled irs the CIP to bLe rmcw aimcm as a :&mgeaene rrxirwtabout b tw~2036 am 2W. ■ The iracimecben of Amoy Rctadr514�9 r,C00 in The CIP la De widened IQ&Lwie+on the north leg,&Immsonlhc south.T-laneson the east.and i-lams an ltre west"and wgnakred between 2831 and 21335 Fire Service • Distance to Fire 2.2 miles from Fire Station#6 Station • Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5 minutes. This project currently falls in an area where we don't have total response times that meet NFPA 1710 standards or the current city of Meridian adopted standards. • Accessibility Proposed project meets all required road widths and turnaround dimensions as presented in the preliminary plat. Any changes shall require Fire Department approval if any roadways or accesses are changed. The shared drives shall have an address sign at each entrance and the roadways shall be maintained 365 days a year for Fire,EMS,and Police responses. The ends of the common driveways shall be signed"No Parking Fire Lane" Description Details Page per Appendix D of the 2018 IFC and ACHD sign standards. A phasing plan was submitted and approved by the Fire Department. Any changes to this plan shall be approved by the Fire Code Official or his designee. Water&Wastewater • Impacts/Concerns See Public Works Site Specific Conditions in Section VIII C. Project Area Maps Future Land Use Map Aerial Map LI Legend � i Legend EI°Project Loeohicr, ow D en s lty I Project L ccibn tes dential Med-High penslty IiesiclerrFial � - . ..L. Medium Density - Residential Zoning Map Planned Development Map F. I Legend RU Legend Project LocaHan R-8 r oject LaKon - " Cif LImIls RU R- .s _ T #-' ' Planned Parcels ---s R-40 5.. li-1 5 Ernj. RUT z LO . ----- .. RUT .. IF I-L t ; R-4 R IN-R R R(1Tt TN-R R-4 R6 RUT III. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise,ID 83706 B. Property Owner: Open Door Rentals,LLC— 1977 E. Overland Road,Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 8/16/2023 9/10/2023 Radius notification mailed to properties within 500 feet 8/11/2023 9/8/2023 Site Posting 8/25/2023 9/12/2023 Nextdoor posting 8/07/2023 9/11/2023 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 spans a total of 65.10 acres,with 19.967 acres already annexed as Medium- Density Residential(R-4)containing an existing home. The remaining 46.133 is proposed to be annexed with R-8 zoning. Currently,the subject site abuts an R-4 zoning district to the north,while the east,west, and part of the south are occupied by county residential not yet annexed into the City of Meridian. To the south,there is Medium-Density Residential(R-4),which is included as part of the South Meridian Annexation. The subject property is designated as Medium Density Residential on the future land use map consistent with the approved Brundage Estates Subdivision to the north. The Applicant proposes a 251-lot subdivision for single-family residential detached homes and one (1) existing home to remain at a gross density of 3.87 units per acre,which is within the desired density range of the MDR designation. TRANSPORTATION: The Master Street Map (MSM)does not depict any collector streets across this property. South Linder Road along the western boundary of this site is designated as a residential arterial street and is listed in the ACHD CIP to be widened from 2-lanes(one in each direction)with no curb,gutter or sidewalk to 3-lanes between 2036 and 2040. West Amity Road is currently improved with 2 travel lanes (one in each direction)and has no curb, gutter or sidewalk. The intersection of Linder Road and Amity Road is listed in the CIP to be reconstructed as a dual lane roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 4-lanes on the west leg between 2036 and 2040. 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): • "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G). City water&sewer are currently available directly adjacent to this site. Public Works has discussed the requirements and outlined the path to receiving services in the Public Works specific conditions in Section VIII.B. Fire Station#6 will be within 2.2 miles of the project and the project will be located in an area where the Fire Department does not have a total of response times that meet the standards or current City of Meridian adopted standards. • "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 medium-density single-family detached homes will contribute to the variety of residential categories in the City by adding a diverse range of housing sizes and price points. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A). The proposed plat depicts a total of 10.39 acres (or 16.001o) of qualified open space, much of which is usable, and quality amenities consisting of a large dog park, neighborhood park (swings,play structure, climbing dome, seating areas, additional pathway), 10'wide regional pathways, and shade structures with picnic area.A future City park is planned approximately a half mile northeast of the proposed development. Because this site is located in a rural area, there are no sidewalks along S. Linder Rd. or W.Amity Road to provide pedestrian and bicycle access. For this reason, Staff recommends the detached 10 foot wide sidewalk along the project's entire frontage adjacent to S. Linder Rd. and W.Amity Rd. to be installed with the first phase of development. • "Coordinate with developers,irrigation districts, and drainage entities to implement the proposed pathway network along canals, ditches, creeks,laterals, and sloughs."(3.08.02B). The Applicant is proposing a segment of pathway along the Calkins Lateral consistent with the Pathways Master Plan. • "Provide options for passive recreational opportunities not typically supplied by parks and facilities such as jogging,walking, and bicycling."(4.04.01B). The applicant is proposing micro- paths within the large central open space that have efficient access to the proposed regional pathway network around the perimeter of the project creating ample opportunity for these passive recreational elements. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure are provided." (3.03.03) The proposed development plan is consistent with the City's vision in terms that medium-density residential uses are proposed; however, only one housing type is proposed rather than a mix of housing types as desired. Public services and infrastructure are proposed to be provided. • "Provide options for passive recreational opportunities not typically supplied by parks and facilities, such as jogging,walking, and bicycling." (4.04.01A). The extensive pathway system proposed within the Windrow Development will provide for recreational opportunities such as jogging, walking, and bicycling. The Windrow Neighborhood will also provide for passive recreational activities such as nature and wildlife viewing within attractively landscaped areas that will create a calming and relaxing sense of place. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) The proposed project is in the City s `fringe"area; therefore, it may not be a priority area for extension of City services and development, because there are still vacant entitled properties to the north yet to be developed. Staff finds the aforementioned analysis and policies in general make the project consistent with the Comprehensive Plan. VI. STAFF ANALYSIS A. ANNEXATION(AZ) : The Applicant proposes to annex 46.133-acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is contiguous to City annexed land to the north and south and within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-651IA. B. REZONE (RZ): When a portion of the property was annexed into the City of Meridian in 2015 it was zoned R-4 to help delineate that this property would be developed as residential. The Development Agreement that was created as part of this original annexation dictated that the City would have services available as soon as possible and the first Rezone application would be free of charge. This stipulation regarding a Rezone application was made because the annexation was City initiated and the property had no concept plan or specific development planned at the time of annexation;the City understood future development may not match the existing zoning and gave future applicants the opportunity to propose a different zone with redevelopment of the property. A legal description and exhibit map for the rezone area is also included in Section VIII.A. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 251 single-family detached dwelling units, one (1)existing residential home is to remain, and 40 common lots at a gross density of 3.87 units per acre(see Sections VIII.B, H). The proposed use and density of the development is consistent with the MDR FLUM designation. C. DEVELOPMENT AGREEMENT MODIFICATION(MDA): The Applicant proposes a modification to the existing Development Agreement(DA) (Inst. #2016-007443)for the purpose of creating a new Development Agreement to develop the proposed residential subdivision. The DA will be tied to the submitted preliminary plat and be required to develop the property per the submitted plans and proposed housing types. Staff finds the proposed project and the requested applications to be generally consistent with the future land use designations within this project site. As a provision of the new DA, Staff recommends the property located at 1100 W. Amity Road no longer be subject to the terms of DA Inst.#2016-007443 (South Meridian H-2015- 0019) and be subject to the terms of the new DA. The Applicant has provided a legal description and exhibit map encompassing the entire project boundary that will be governed by the new DA included in Section VIII.B. D. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 251 building lots, one (1) existing home, and 40 common lots on 65.10-acres in the proposed R-8 zoning district. Proposed lots range in size from 4,725 to 10,000 square feet(s.f.) (or 0.11 to 0.23 acres). The proposed gross density of the subdivision is 3.87 units per acre. The subdivision is proposed to develop in six phases as shown in Section VIII.C. The Applicant is proposing six(6)phases within this development.Phases 1-4 are situated to the west of the Calkins Lateral, while Phases 5-6 are located to the east of the Calkins Lateral. Staff recommends that the main entrance from S. Linder Rd. and the main entrance via W. Amity Rd. be constructed with the first phase of development. Furthermore, the first phase of development should encompass the construction of both the 10'detached sidewalks and the entire street buffers along the frontage of S. Linder Rd. and W.Amity Road. Staff believes that the construction of the multi-use pathway along the Calkins Lateral should take place during Phase four(4)instead of waiting until Phase Six(6). This modification aims to provide an extra amenity to the neighborhood at an earlier stage. Staff generally supports the phasing plan;however, the Applicant should provide a revised color phasing plan in addition to the proposed fire phasing plan in Section VIII.Fprior to the City Council Hearing. Existing Structures/Site Improvements: According to GIS imagery,there are existing homes and other outbuildings adjacent to Linder Road and Amity Road that will be removed upon development of Windrow Neighborhood. An existing home on Lot 1, Block 10 is proposed to remain. No other site improvements are known. All existing structures that do not conform to the setbacks of the district are required to be removed with the first phase of development, as proposed. Dimensional Standards (UDC 11-2): 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. The proposed preliminary plat appears to comply with the dimensional standards of the district. Access(UDC 11-3A-3): Two(2) arterial streets (S. Linder Road and W.Amity Road)and one(1) temporary emergency-only access is proposed via S. Linder Rd. and a secondary emergency connection is proposed across the northern end of the Calkins Lateral; one(1) stub street is proposed to the north and west and three(3) stub streets are proposed at the east boundary of the site for future extension in accord with UDC 11-3A-3. Each phase of development is proposed to have two(2)accesses for emergency services;the main entrance from S. Linder Rd. and the main entrance via W. Amity Rd. shall be constructed with the first phase of development. The proposed emergency access plan was approved by the Fire Department in Section VIII.F.As noted above, staff recommends the main entrance from S. Linder Rd. be constructed with the first phase to eliminate the need for the temporary emergency access as proposed by the applicant. Currently,Amity Road is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site and Linder Road is improved with 2-travel lanes and no curb,butter or sidewalk abutting the site. Linder Road is listed in ACHD's Capital Improvements Plan(CIP)to be widened to 3- lanes from Victory Road to Amity Road between 2036 and 2040. The intersection of Linder Road and Amity Road is listed on the CIP to be constructed as a dual lane roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 4-lanes on the west leg between 2036 and 2040. Based on the ACHD Staff report findings concerning the traffic impact study(TIS),the Applicant is advised to construct specific turn lanes at site Access A and site Access B to mitigate traffic concerns. For site Access A on Linder Road, a southbound center left-turn lane and a northbound temporary right-turn lane are recommended per ACHD's specification. For site Access B on Amity Road, an eastbound center left-turn lane and a westbound temporary right-turn lane are recommended per ACHD's specifications. These measures should be implemented as alternative mitigation until the roadways are widened. Additionally,ACHD's Staff comments/recommendations regarding the proposed street sections within this development indicate that Street K and Street O do not conform to ACHD's District policy. Therefore,the Applicant is required to construct these streets as 33-foot wide street sections. These streets are to be designed in such a way that they stub to adjacent parcels and can be extended in the future (see snapshot of ACHD"s recommendations below). d. Staff CommentsiRecommendations: The applicant's proposal for Street A, Street B, Street C, Street D, Street E. Street F. Street G, Street H, Street J, Street L, Street M, Street N, and Street P meets District policy and should be approved, as proposed_ The applicant's proposal for Street K and Street D does not meet District policy_The applicant should be required to construct Street K and Street O as 33-foot street sections as they stub to adjacent parcels and will be extended in the future. The applicant's proposal to construct the entrances of Street A and Street H as 52-foot street sections with a 10-foot wide landscape median and two 21-foot lanes meets District policy and should be approved, as proposed. The applicant should be required to plat the landscape medians as right-of-way owned by ACHD. The applicant or future home-owners association should enter into a license agreement with ACHD if landscaping is desired within the island_ Parking is allowed on one side of a reduced width street(Streets C, D, E, F,G, M, N, G). The applicant should be required to install "NO PARKING" signs on one side of all reduced width streets and on both sides of Street H. The applicant should be required to coordinate a signage program with District Development Review staff. The applicant's proposal for four cul-de-sac turnarounds meets District policy and should be approved, as proposed. The cul-de-sac turnarounds should be constructed with a minimum radius of 50-feet_ The Applicant should re-design Street A, Street B, Street C, Street J, Street L, Street M, and Street O to be less than 750-feet in length or provide traffic calming design elements approved by ACHD Traffic Services. Staff recommends that the Applicant submit a revised preliminary plat showing the redesigned roadways for review and approval prior to plan approval and ACHD's signature on the first final plat. Furthermore,ACHD is requiring the Applicant to have approved plans for the crossing of Calkins Lateral(Street A)prior to the pre-construction meeting and final plat approval. Staff recommends that the Applicant comply with ACHD's conditions of approval. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. There are three (3)common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County Recorder or a note added to the final plat that contains a common driveway, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.An exhibit was submitted with the application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway(See Section VIII.G). If a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street, the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Staff concludes that the common driveway exhibit submitted appears to satisfy the UDC code requirements. Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. In accordance with UDC 11-6C-3FA, a block face should not exceed 1,200 feet,unless a waiver is granted by the City Council. In certain cases,as specified in section(17)(3)of this regulation, traffic calming measures may be necessary for blocks that surpass 1,000 feet in length. Staff finds that Street A,Street B, Street C, and Street M each include a pedestrian connection that meets the conditions outlined in UDC 11-6C-3F as stated above. Staff has determined that Street L should incorporate a pedestrian connection located within Block 11 that connects to the east to break up the block length. The Applicant has initially proposed a block length of 1,229 feet for Street "J"in Section VIILH,however, upon verifying the measurement,Staff found that Street "J"actually exceeds a length of 1,800 feet. The Applicant is seeking a Council Waiver for the block length. However,Staff believes in order for the Council to grant the waiver, the Applicant should extend a public street across the northern edge of the Calkins Lateral in the location where the emergency access is proposed. This topic was discussed during the pre-application meeting. The applicant has indicated that the irrigation district wants to limit the number of crossings over the lateral however,staff doesn't have any written documentation of such a request. Staff recommends that the applicantprovide written documentation from the irrigation provider stating that another public street connection is not desired prior to the City Council hearing. Moreover, to help reduce traffic speeds, the design of Street "J"incorporates curves, however, the applicant should still incorporate traffic calming measures as required by ACHD and UDCll-6C-3F. Further,Staff recommends that the Applicant incorporate an additional pedestrian connection and pedestrian bridge over the Calkins Lateral from the north side of this road through Lot 46 or Lot 47,Block 7 to align with the cul-de-sac. Incorporating an additional pedestrian bridge in the center of the development enhances accessibility to the open space and amenities within the area. If the applicant doesn't want to extend the road and install the additional open space and pedestrian bridge as recommended, the block length for street "J"should not exceed 750 feet as required by the UDC. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. According to the submitted elevations, each home is proposed with a two-car garage or a three- car garage which presumes a 3 to 5-bedroom home and would require a minimum 20 foot to 3- foot wide driveway for each building lot. In addition, as discussed above, some of the streets within this development are proposed as 27 foot wide street sections which only allow parking on one side of the street instead of both sides as allowed on the standard 33 foot section. The Applicant has submitted a "Parking Plan"that illustrates an additional 428 on-street parking spaces(over 1.7 additional parking spaces per home) available for use by the residents(See Section VIII.I). Sidewalks & Pathways(UDC 11-3A-17& UDC 11-3A-8): 5-foot wide attached and detached sidewalks are proposed along the internal local streets consistent with UDC requirements. The Applicant is also proposing other pedestrian walkways throughout the entire site. According to the Meridian Master Pathways Plan, a 10-foot wide detached multi-use pathway is required along S. Linder Road(a residential arterial), a detached 10-foot wide pathway along W. Amity Road(a residential arterial), and a 10-foot pathway is required along the Calkins Lateral. The Applicant has included the pathways on the plans; however; the pathway widths are not indicated on the plans to determine if they are consistent with the UDC. The Applicant is required to place the multi-use pathways within public access easements adjacent to the public streets unless they are within ACHD right-of-way. Additionally, the common driveways located at the northwest corner and southwest corner of the development should incorporate micro paths adjacent to the 5-foot landscape buffers to enhance walkability within the neighborhood. Staff recommends the Applicant revise the plat and landscape plans to include the dimensions of the pathways and micro paths on the plans. The landscape plan does not depict landscaping on each side of the 10 foot multi-use pathway along the Calkins Lateral. Landscaping is required along all pathways in accordance with the standards listed in UDC 11-3B-12C; a landscape strip a minimum of five(5)feet wide shall be provided along each side of the pathway with a mix of trees, shrubs, lawn, and/or other vegetative ground covers. Landscaping(UDC 11-3B): A 25-foot wide street buffer along S. Linder Road, an arterial street, and a 25-foot wide street buffer along W. Amity Street, an arterial street, are required and should be landscaped per the standards in UDC Table 11-3B-7C. All landscape areas should be landscaped per UDC 11-313-5, general landscaping standards. Lastly, according to the submitted plans,the Applicant is proposing pathways and micro-paths which should be landscaped in accord with UDC 11-3B-12 standards. The Applicant is showing a 25 foot wide common lot along S. Linder Road and a 25 foot wide common lot along W.Amity Road consistent with UDC code requirements. The landscape buffers are depicted with trees in excess of code and include landscape beds with shrubs and other vegetative ground cover, consistent with UDC 11-3B-7. Therefore, Staff finds the proposed street buffers comply with all UDC requirements. In addition, all open space areas are shown with trees, sod, and other landscaping in excess of minimum code requirements. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11- 3A-7.According to the submitted landscape plans, the Applicant is proposing 6-foot vinyl privacy fencing along the perimeter of the property and the rear lot lines and a 4-foot or 5-foot tall wrought iron open vision fencing adjacent to any common open space areas. Both fencing types and their proposed locations comply with UDC standards. Qualified Open Space(UDC 11-3 : The proposed project is approximately 65.10 acres in size requiring a minimum amount of open space based on the requested zoning. Per UDC Table 11- 3G-3,the R-8 area requires a minimum of 15%qualified open space. Per the calculations,the minimum amount of qualified open space required is 9.77 acres.According to the submitted plans,the Applicant is proposing 10.39 acres of qualified open space, exceeding the minimum amount required. The proposed 10.39 acres equates to approximately 16%qualified open space. The qualified open space proposed a. Enhanced landscaping asset forth in Article 9 9-33.Landscaping Requirements; consists of% of the arterial street h. Mufti-use pathways; buffer to S. Linder Road, % of the c. Enhanced amenities with social interaction characteristics; arterial street buffer to W.Amity d. Enhanced context with the surroundings. Road, there are several large central open space areas, and several smaller common open space areas located throughout the development. The landscape buffers to the adjacent arterial/public streets meet the enhanced buffer requirements outlined in UDC 11-3G-3B.3 to count towards the open space. Previously, these areas automatically qualified towards the minimum open space but this is no longer the case with the latest open space code updates that desires for more than the minimum to be included within the required buffers in order to count towards the overall qualified open space for a project. The Applicant appears to comply with all four(4)points outlined in code (See Section VIII. D&E). Additionally, the parkways depicted on the Open Space Exhibit as qualifying open space appears to meet the three(3)points outlined in code(See Section VIII. D& E). -._.;PQ'AU) .:-UFO:;. ::_:_:: _=_ ==._ :: :=Ym.rroa apEnspc2caluuMm For p-irp-HufN5Jcu6kn. The centralized open space area on Lot 14, Block 12 depicts playground equipment with shelter, a climbing dome, seating areas, all connected to the surrounding local streets via 5-foot wide sidewalks. The centralized open space on Lot 6, Block 5 and Lot 3, Block 9 depict, large open grass areas,picnic shelter, and internal pathways. Overall,Staff supports the proposed open space and their locations being centralized within the development for fairly equitable access on both sides of the Calkins Lateral with the fire access available from the north and the pedestrian bridge access from the south over the Lateral. As mentioned above,Staff recommends the Applicant incorporate an additional pedestrian connection and pedestrian bridge over the Calkins Lateral from the north side of Street "J"through Lot 46 or Lot 47, Block 7 to align with the cul-de-sac. Incorporating an additional pedestrian bridge in the center of the development enhances accessibility to the open space and amenities within the area. Amenities(UDC 11-3 : UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size. The project size of 65.10 acres requires a minimum of 13 amenity points(1 point for every 5 acres).According to the submitted plans and narrative,the Applicant is proposing the following qualifying amenities:playground park(includes play structure, climbing dome, climbing rocks, swings,passive open spaces,and seating areas) in Phase 6, fenced dog park (includes seating benches, dog waste facility,micro-pathway) in Phase 1,Picnic shelter on Lot 6, Block 5 and on Lot 3,Block 9 in Phase 2 and Phase 5, and three segments of 10' wide multi-use pathways equaling approximately 4,000 linear feet each in length in Phases 1 and 6. According to UDC Table 11-3G-4,the proposed amenities total 15.5 amenity points and exceed the minimum amenity point requirements for a project of this size. Staff has concerns regarding the amenities provided across differentphases within the development. As mentioned above,Staff recommends that the 10'pathway along the Calkins Lateral should be constructed with Phase Four(4) instead of waiting until Phase Six(6). To address the issue of timing,Staff recommends that Lot 10,Block 8 in Phase 4 should include another qualifying amenity for the northern portion of the neighborhood, ensuring that residents are not waiting until Phase 6 for the proposed playground on the eastern side of the lateral. Additionally, in the interest of enhancing the enjoyment of open space areas, Staff finds the picnic areas on Lot 6,Block 5, and Lot 3,Block 9 should be equipped with tables and benches with the proposed shade structures in accordance with UDC 11-3G-4. Staffs recommendations are aimed at ensuring there are adequate amenities within each phase. A detail of the amenities should be submitted with the final plat application for the phases in which they are located. Waterways(UDC 11-3A- : According to GIS imagery,the Calkins Lateral bisects the site and continues to northern boundary and the Carlson Lateral bisects the eastern parcel of the proposed development. The Calkins Lateral runs across the northeast corner of this site within a 51-foot wide easement. The Applicant proposes to leave the waterway open and improve the area as a linear open space with a pathway as allowed by UDC 11-3A-6B.2. It is presumed that the Carlson Lateral is being tiled and relocated as part of the construction of this development. The Applicant is required to comply with UDC 11-3A-6 and ensure this irrigation facility bisecting the eastern property is tiled or relocated. Staff recommends that the Applicant graphically depict the relocation of the easement on the plat prior to the City Council hearing. Furthermore, irrigation easements wider than ten (10)feet shall be included in a common lot that is a minimum of twenty (20)feet wide and outside of a fenced area, unless otherwise waived by City Council in accord with UDC 11-3A-6. Utilities(UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed project. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance, see the specific conditions outlined in Section VIII.B of this report. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18 :An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed homes.Note that detached single- family homes do not require Design Review approval prior to building permit submittal. The submitted elevations depict varying roof profiles and colors with the same or similar field materials of lap siding and stone accents for the detached home. Overall, Stafffinds the submitted elevations to comply with the minimum standards but hopes future elevations depict more variation in finish materials to help delineate the building facades along public streets. VII, DECISION A. Staff: Staff recommends approval of the requested annexation,rezone,preliminary plat and development agreement modification applications with the requirement of a new DA per the conditions of approval in Section IX and the Findings in Section X of this staff report. B. The Meridian Planning&Zoning Commission heard these items on September 7, 2023. At the public hearing,the Commission moved to recommend approval of the subject Annexation, Preliminary Plat,Rezone and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark b. In opposition:None c. Commenting d. Written testimony:None e. Staff presenting application: Stacy Hersh,Associate Planner f Other Staff commenting on application: None 2. Key issue(s) public testimony a. None 3. Ke. ids)of discussion by Commission: a. Concerns with the Block length of Street"J"and how to mitigate the traffic flow. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on September 26,2023.At the public hearing.the Council moved to approve the subject Annexation.Preliminary Plat.Rezone. and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark,Applicant Representative b. In opposition:None C. Commenting: Brooke Green.ACHD d. Written testimony: Mike&Melissa Bernard:Beck Mckav, Engineering Solutions e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concerns regarding the block length for Street J and implementation of traffic calming measures and possibly installing a raised crosswalk. b. Frontage improvements along Amity Road&Linder Road with Phase One. C. Concerns with the property on the corner and pedestrian connections at the intersection of Linder Road&Amity Road as it relates to this proiect. 4. City Council change(s)to Commission recommendation. a. Removal of condition 3.g and a Council Waiver granted for the block length of Street J. VIII. EXHIBITS A. Annexation and Rezone Legal Descriptions and Exhibit Maps I 5aztcoth Land Sorvcytnej, Ll.0 �C30 5. Wi5hington Ave., Emmett, '-a 83C 17 Windrow Annexabon Descripdon BASIS OF BEIARIN n5 N_ 0031'29" E. between a found brass cap LS 737, marking the wuthwest corner of$"on 25 and a found aluminum cap PL51393+4 marking the 114 corner common to Sections 25 and 26,T, 3 N., R, I W, B.M.,Ada County, Idaho. A parser oP Land located in the SWIM of 5ectIon 25, Township 3 Ncrth, Range 1 WP-N, wise meridian, Ada County, Idaho,more p4iticularly described as follows: l2DMMENl031NG at a brass cap merklq the southwest corner of Bald Section 25; Thence N.0131'28" E., coincident with thq wn,t line of sald SW1/4 and the ceerterilne of 5, Linder Road, a distance of 354,11 Feet to a 5/8"rebar with an I Ileglble cap and the PUMT OF BEGINNING; pence continuing, N. 003128"E., coincident with said west Gne and said centerline, 962.17 feet to a 5/8"rebarIcap PLS 11574 marking the S1116 corner common to Secbmis 25 and 26; Thence Continuing, N. 0123126"E., aoIncident With said west line and said cenurline, 760.50 feet to the centerline of the Calkins Drain; Thence leaving sold west line and said oenturline and coincident vulth said centerllne of thpe C�IkA5 Drain the following Ave(5) courses and distances: Thence S.8r51W"E,,95,25 feet; Thereoe S.70028'42"E., 50.00 feet; Thence S.5901"1"E„42,00 feet; Thence S. 43"+V42"E.,45,00 feet; Thence S. 41112442" 6., 913.66 feet to ttre riotth line of the SW114 of tthe SWI/J; Thence S. 89112927"E., colncdent wlth the north line of said SW1/4 ai=the SWi/4,a distanm of 504.44 feet to a 112"riebar/cap PLS 6552 marking the SW1/16 corner of said Section 25; Thence S_ M9%"W.,coincident w1th the east line of sald SWI/4 of the SW 1{4, a distance of 1325.09 feet to a 518"mbar{Cap PLS 5617 marking the W1/16 corner common to Sectlons 25 and 36 and the cenNriine of W. Amity Road; Thence N. 8903233"W., coincident wlth the south II"of said SW1/4 of ttie SW 1l4 and said centwliine of W. Amity Road, 1025.52 Feet to a 5/9"'rebar/cap PLS 5617; RU02311 FMW23048-WINDR0W I Desrr10ions%VY,ndeaw AiinexatiQn dacx Piyt� II Ta¢IeNns aald wM Ine and ale m nH,,,, N.M3m-F, panel wIN aV weOmme.W.0 and to a W/ 2Gr/op P55617; T ,, N.19°3213-W, paaft wlT add aO1i Ilre, 300M h W Me FORK OF REOMNMO. Sold pxM snYlrc 46,133 mweu,, » ,No Mn eud�� v uoxsu EunI2804 .wuwt+ox �.wwn.duca � - — — — — — — — — j � j ! oil - - -, � A& 5awtoall land 5urvry nl LLC Wncirow Ea4 Rezone Descripla n MRS OF BB10.1WG N. 0°31RB' E bopmena found own ap IS 732, mining Me coutlmat corm,V Satan 25 ano a found aluminum up M513934 mmtlng the 1/0 tuner common M Sertlms 25 and 26,T. 31 R, I W., li Ma Carl IEaM. B parted N land Ircdbl In Na M/4 of the 5W111 of SeNon 25,TwmsMp 3 NmN,Nance 1 Wai, Sam MOIEun, Me imi Wall, more palloula l6exnRN as fall OOMM6MaNG at Lets cop m meng 1M rammoruf carrier and 5atlon 25� Tcrce 5. M-3233"E,coma m WIM the word,line of mid 511 and the oill ne of W. All land, 131`55 f&i W a 5)B"\a rtial PIS 5617 marking me WV 16 comer common a Seatlms 25 aM M and the MIW OF BEOMM G, Term Ii mid mad, Ilre and sold anti N.0.29W E,cardident wM me wrest line or and Si Mlle 5W114, a dl5mnco of 1325.09 met W a In"mountain;PIS 65U mar ding Me SW1116 0lru of mid Satan 25. Theta S. 691 E.,Immanent with the noM Far,of and SElla M the Sai a dirtance M6N.28 fxta a i attention mp; iBel¢kaving and nmt,line. S. T76'12"W., 1329.51 hM a a 5IS"nei cap on mid ii lire and arm canonical 1Tcxe N.Sm3233-W.,normal mill word,line and WN canbllne,645.90 Reno the POSMF OF M=WNO. Send pvul mnRins 19.611 acres more or pars. z P ummil EMM 25o16WMONO4V SU Intel MSurvp\RatiyaLLayl Lamom cnamm,can nem, am, ^ II �NJiE g�It tl0 � oil eyy� �e. tl .e � k r i B. Windrow DA Boundary Legal Description and Exhibit Map awtooth Land .5urwy nq. LL —'f-� I"- (20813 $0 CA F; (205 ae8-6i�`1 WA-5h,e4tcm Am_t h HcU. '0 WG'7 Windrow Boundary Description BASIS OF BEARXNGS is N, 0031'25" E. between a found brass cap LS 737, marking the southwest corner of 5ecdon 25 and a Found aluminum Cap PL5 13934 marking the 114 corner common to Sieetions 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, ]dahn. A parcel of Wr cl kacatW in the 5WI14 of Sectlon 25, Township 3 North, Range 1 West, Rise Meddian, Ada Couro, Idaho, more parter`uII8dy described as foflows: COMMENCING at a brass cap marking the southwest corner or said Sacl€m 25; Thence N. fr31'28" E., ccindderit with the west Ilene of said SW1/4,a diStanbe of 364-11 feet to a 5113" rebar with an illegible cap and the POINT OF BEGINNING; Thence ountlnuing, N. 0031'28"E.,colnddent with said west Iln+e and said oenterfIne,962.17 fleet to a 518"rebar/cap PI_S 11574 marking the S1/16 career caminon to SWIans 25 and 26; Thence continuIng, N. 0113178'E., coincident with said west Ifne and said centerdIne, 760.54 feet to the centerifne of the Calkins Drain; Thence leaving said west Ifne and said cen"rwN and coincdent with said centerline of the Calkins Drain the following live(5)co-urses and distances: Thence S. 82"51'07'E.r 95.25 feet, Thence S. 70028042"E., 50.00 feet. Thence S. S901641"E-, 42,00 fit; Thence S. 43114442"E., 45.00 feet; Thence S. 41112442"E„ 913.65 feat to the north Ifne of the S112 of said SWif4; Thence S. 89129'21'E„ coincident with the earth line of said 5112 of the 5W1/4, a distance of 504,44 feet to a 112"rebarleap PLS 6552 marking the SW1116 corner of Said Section 25; Thence condnuing, S, W2927"E., coincident with said "rth Ilre, 644.28 feet to a 1/2" rehar with no UP; Thence leaving said north line, S. 0026'12"W., 1324.51 feet to a 5I8"rebar with no Cap on the south line of said SWIJ4; P 202311 EMn1230A8-WINDROW SUIT•CONCER%Surveyk0rawtng6%Lepi oescliowrxsMkparow Boundary doex TBenw N. B9°3233'W., wlntltlelrt with sal mNN Ilse, MS.W feet to a 5/V redar/wp PIS 5512 darning the WIf16 winner common W S Hens 25 and! 36; Tlenre conlinuing, N. 88°3233"W., coinckwt wlth mid muth IIne, 1025.52 feet W a 5/8"rebar/rap P15 %1T; Thexe IeaNng mid muM IIre, N. 0°3128' E., parallel with old wert IIne, 3" It fee[W a 5/8" reCar/mp PIS M12; TheMe N. 8?33'11"W., p rillel wM mW wuM line, 330.04 ftK b Mu POINT OF BEGINNING. Said Wrcol wroin565.7g mM or lem. dy 11 ��/7p4 ?FF SEP� PoC2311 EMT123044WINOROW SUBLGNGEN16unv MawlnpiLLepel Ce=rpa svwg BWwery Eon Ye 12 P s• >d EI 3¢ pill ffY JCVOA Otld C. Revised Preliminary Plat&Phasing Plan(dated: 9/13/2023) "EWlhPlr ruTW` i Jul r.., rtwr+a rrni4re,�m.l�ale.or�w ;j�';',. IJi ' ; �i� 41�FV T.f e r-- I x JII MCd I F1 - - - - - -- i}P1,0 Ira t j ��rry�rr•�ir �+�rrl4rW�:�rrr'rr� �+�a..ri�r�rr���r� w,uti.s sss uar,.l, MPPI , E MICHME K,MQT R,, - smmNo m m s'amm;-w m m m m m m mwq?�mi s m mmET�m swaqmiiirsONE miiiir ii� �* ICI � • I h 5�'M1w -{ �', --a. -- I � — J + Ll Em IT i ti M{ Y` yam' 1, 'F •■ t e i i i� 'i�y� i i���i i����^��i�E i��fll�i i7�f+ •.� 1 YAT7iLK4S 9KL7#11: Fpl.2 1 mh mihr{{F4iTf RI} i F i*rt .11011111 M i. � I�I m�m m i m; .w!1 Pip w,-M i i—P m,-in P.W*w oft r , ii '�•I der i•, Y .}1 0—. �-..ti .-. NMI • � r P "PPI w�LM41E Sff S+fI�*!I J ass f r Z G 1 P�1 5 i _ Phase 4 35 lots Phase 5 Phase 2 �- 45 lots 60 lots 4 Phase 3 . �. 47 lots r Phase 1 I 64 lots I - - - - -------------- - C. Landscape Plans(date: 5/25/2023) WIND ROW 5 U BDIVISION MEA—Al, PR4LEMIMAAT PRAT RAN❑S-APE kAN j M,T v WIN ❑ ROW SUBDIVISI0 N nEKIDIAN.ID —0: 1INAKY P—r I—SCAPE vLAN 1 \ 4� L YY• 1 _ t \ 4• t �i} r�I ��!• r =- __ -- _ - o ,�3 ZJ-A%7,W.uerre RAW tit >� NCTG 1, L 4 TV4 > Al LN�7CNE p[Y I L1 � 4. V } } 11 1 L • � ... \ 1 \ l\ 1V\ 1ty44 ylti 1`\ V1 14 -, y $ AM -.�...... \ , l \' l \ L �i�� —''tt `� 'u\ ,�\ \ Ll yL��ti+ �\\:\` r\`� \ ti� tii• �� L w L 1 I exlwusY La ti ti. 1�L 41 L4 u1,�' `x w LT �,tiL.rr� NOTe � may— War= --- �i L2 'NOUNq� a. ,•rj Iw s LE KN� 6 i� 1�T1^Iona _IY_:p�ir}s•TG :��e i �. .F• V.'.. 4 - � 'f r a .i' MR 1xLNN1 {+ '•}5'r- y. �. �.-A•.:d'i:a F':.RR i l.:�[.��Yl*1.:.'u1^�h.F9J:r'%i:eaY.riwren=•.•�.=�n:icwi:tiva:ucir,.rtveni ' 1 � K� 3iIF. :•-:: Ate_ tORD Ila 4 im i ii at � `•� �_r` � S rAL[77Z NOTM -�'--3 � wioacnrE L5 rLANM rALCTTC Am ME— ^'"1 �v a ,^•'�•� _� ••� DGVCLOPMCFR DATA�•e•�.•u,•��v �suoneRwremaue = �..�.�••• m� � '�' Y"�~�� LAPEWA e .. _ LS D. Revised Open Space Exhibit: TV} I -• rays. E. Fire Phasing Plan: Y Secondary Eme;ganaX 4 }k Connection -' .�,� -m Phase 5'hemp. I L Ernwgpncy I Main Access ..� ,. Phivse 1 Temp, 17 Erraergercy Access e Phase 1 Main Access F. Revised Common Drive Exhibits: ------ - F u3T 17 T,Wfs o1R" ETREEr AccM9 GRIvMmy LOCAM I C* NORTH SIDE OF LET- y f2 Y 17A4' REAR 1 SUMCk TYP 5 ikqT E 11 1 ' �r ----- —� ----------- I I � 10 I { I I I s.ao spE I LOT 7 rMOM DIRECT GTPCLr srnpAX Tw AC%;M. ORMIOLY LOCATED gkv 5 W w WT. I I c� + @V 941L FILM WF ■! 94"EY 4mL+� £&14p+R+T C�kLat FTi q�osVw WINDROW SUBDIVMON .,i N. +. r I]Iy1MON DRIVEWAY EXHIBIT-LOTS 7-17 AlU x d MALL M ,:. . . . . . .;. . , : .. .5 . . n� 20.00' COMMON DRIVE 19 LET 21 TMEs DIRECT STREET ACCESS. ORNEWAY LOCATED ON FAST SIDE of LOT. I 20.00' FEWI I I I I_____________I II I 22 BLOCK 3 21 IR 20 5.W' SIDE �SEDNCK T'P. 12.00' RW 15.00, LSCP Zllg K 119. eF BUFFER 1] SIAEE G _______ 6 LOT 16 TAKES DIRECT CREEL DRIVEWAY LOCATED Try 510E OF Wi. 20.00' FROM Accsss ory sou SEIflMK M. w ' NE �/ INScs Nv-'- WINDROW SUBDIVISION 1 COMMON DRIVE allIBIT-LOTS 16-21 BLOCK 3 SDTE. - NO m I r I ` m I I � I 20 I I N 5.00' SIDE n i SETBACK TYP 21 t \ I I is } p� yI j I zw I �Y I d� W I N f L— a 19 Is 14 ;. w 12.DO' REAR LZLD 18 x SETBACK TYP m I . u~i M LOT 18 TAKES DIRECT STREET -a ACCESS. DRIVEWAY LOCATED ON SOUTH 51DE OF LOT. 22 17 f11 w a 3 zn a as 40 PC BDX 605y WINDROW SUBDIVISION ease,ID 83707 COMMON DRIVE EXHIBIT-LOTS 1 8-21 BLOCK 7 SCALE 1_ an:(zoe)W6-3e7a cgranam®cswengineer iuy-mm G. Block Length Exhibit - � , _ IRU / , ' � / ` z / , H. Parking Plan Exhibit! —Parking Play} The Windrow Neighbafhflod will meet or exceed all the requirements of the City 04 Meridian's Cade for off-street pafki ng,All homes withi In the neighborhaod will h ave a min i mum of a two(2)rar garage and a driveway that will a€cornmoldate an additional two(2)parking spaces,far a total of four(4)of-street parking spaces.As illustrated below,an additional 428 {over 1-7 additional per home on street parking spaces will he available far use by the residence- 31 —23 1113 1111 17 I� I 1 1 . 1 I I F I F m -. •l- T- a I { I rill -r Wi�dfow Nelghoorhood—Narratlue 5.MUM 3 Page 15 I. Conceptual Building Elevations&Floorplans rL WINDROW --" -- - PLAN I i I' �+wn NT 5` WIDE f 1 =i r1 13 l WINDROW PLAN 2 -- mn C) t 3 4 ' WIDE .. . -..- .�.. . ate. WINE)koW PLAN 5 a. Ii I � ♦:Iq � `"fit` 501 WIDE i IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of ordinance adoption. A final plat will not be accepted until the DA is executed and the AZ and RZ ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation and rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, common drive exhibits, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The property located at 1100 W. Amity Road shall no longer be subject to the terms of DA Inst. #2016-007443 (South Meridian H-2015-0019). c. The 10' detaehed sidewalks a-ad the stFeet buffer-s along S. Linder-Rd. shall be eeffstmeW +1, the ra t, f,a development; ra W Amity R I, ll b t. � ,l t the �icrrcrri�ccvria�rra�vrcccveT��riicir, c`5�cc��rrrv�coiracrc'sccc¢`v`r'rarcn�. development;first phase of the Calkins Later-alm shall be shall be eenstpaeted with the fbtiAh phase. d. The existing home and outbuildings on the property being annexed shall be removed with the first phase of development, as proposed. f. The existing home on Lot 1,Block 10 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. g. The rear and/or sides of homes visible from S. Linder Road and W. Amity road(Lots 12-19,Block 3; Lots 5-6,Block 7; Lots 8-18,Block 7; Lots 2-22, Block 2;Lots 2-10, Block 1) shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section VILB,dated May 23, 2023, shall be revised- !5 days .t the City C,,une l he -ing as follows: a. Revise the plat to include 10-foot sidewalks along the Linder and Amity frontages. b. Add a plat note stating that direct lot access to S. Linder Road and W. Amity Road is prohibited. c. Revise the plat to illustrate Street K and Street O as 33-foot wide street sections in accordance with ACHD's District policy. d. Consistent with ACHD conditions of approval and UDC 11-6C-3F,provide traffic calming measures along Street A, Street B, Street C, Street J, Street L, Street M, and Street O to help mitigate its long and straight design or revise the plat to redesign the roadways. The Applicant is seeking a Council Waiver for Street J due its block length exceeding 750-feet-a Council Waiver was granted. e. The A•.•.hea t shall submit a revisedphasing plan (i color-) as follows: • include the construction of both 10 foot detaehed sidewalks and the entire street buffers .,long the frontage of S.hinder-Rd and MI Amity Rd with the flFst phase • Construet the 10 foot multi use pathway and assoeiated landseaping with the thiFd phase. doesn't• The S.Under-Rd. efitFafiee shall be eOHStFueted with the first phase in lieu of the temporary emer-geney aeeess.Update the proposed fire phasing plan to align loeation where the emer-g proposed AND add an additiona mier-opath and pedestrian br-id — — kildns Later-a!f-Fom the north side o road i thr-ough Lot 46 or-Lot 47,Bloek 7 to align with the en! de sae.A detail o the pedestrian bridge shall be submitted with phase 3 of the final plat. if th oveF the f doesn't the appheant shall provide written doeumentation stating s if the appheant bridge,spaee and pedestrian the bloek length for-road i shall not exeeed 750 feet in eeor-d with UDC 11 6C M. f. The existing home shall obtain a new address upon development of this project consistent with the development of the new local street. g. If the Carlson Lateral easement is wider than ten(10)feet, it shall be included in a common lot that is a minimum of twenty(20) feet wide and outside of a fenced area, unless otherwise waived by City Council in accord with UDC 11-3A-6. 3. The landscape plan included in Section VII.C, dated July 29, 2022, shall be revised 11 pFieF t the City!''.,,,nei He -inn as follows: a. A detail for each of the amenities shall be depicted on the plan or submitted separately. b. Landscaping shall be depicted on either side of pathways. Landscaping is required along all pathways in accordance with the standards listed in UDC 11-3B-12C; a landscape strip a minimum of five (5) feet wide shall be provided along each side of the pathway with a mix of trees, shrubs,lawn, and/or other vegetative ground covers. c. The common driveways abutting Lot 11,Block 3 and Lot 19,Block 7 located at the northwest corner and southwest corner of the development shall incorporate micro paths adjacent to the 5-foot landscape buffers to enhance walkability within the neighborhood. d. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyorita@meridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. f. The picnic areas on Lot 6,Block 5, and Lot 3,Block 9 shall be equipped with tables and benches with the proposed shade structures in accordance with UDC 11-3G-4. g _ h. Street"L" shall incorporate a pedestrian connection located within Block 11 due to the block length. i. Make the necessary revisions to the landscape plans to match the plat revisions noted above in IX.2. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. eleeeted eensisten4 with T T� 11 3A 6 standards. The Calkins Lateral can remain open if granted approval by City Council. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder or a note added to the final plat that contains the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 11. Prior to the City Engineer's signature on each final plat, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway along Calkins Lateral. 12. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 13. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2) obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=303089&dbid=0&r0o=MeridianC i &Cr--I C. FIRE DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=300782&dbid=0&r0o=MeridianC D. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.org/WebLink/DocView.aspx?id=301758&dbid=0&r0o=MeridianC Lty E. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=301690&dbid=0&repo=MeridianC Lty F. MERIDIAN PATHWAYS—CONDITIONS https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=303090&dbid=0&repo=MeridianC Lty G. BOISE KUNA IRRIGATION DISTRICT https://weblink.meridiancitE.orglWebLinkIDocView.aspx?id=300883&dbid=0&repo=MeridianC i &cr=1 H. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciV.orglWebLinkIDocView.aspx?id=301382&dbid=0&repo=MeridianC Lty I. VALLEY REGIONAL TRANSIT(VRT) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=301026&dbid=0&r0o=MeridianC Lty J. COMPASS https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=301760&dbid=0&r0o=MeridianC i &cr--I K. NAMPA&MERIDIAN IRRIGATION DISTRICT(MNID) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=302018&dbid=0&repo=MeridianC ky L. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org WWebLinkIDocView.aspx?id=303608&dbid=0&repo=MeridianC i &cr=1 M. NEW YORK IRRIGATION DISTRICT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=303544&dbid=0&repo=MeridianC i& N. SCHOOL IMPACT TABLE https://weblink.meridianciU.or zlWebLinkIDocView.aspx?id=305128&dbid=0&repo=MeridianC O. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.orzlWebLinkIDocView.aspx?id=305825&dbid=0&repo=MeridianC X. FINDINGS A. Annexation and Rezone(UDC 11-511-3E) 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; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian and rezone apportion of the property with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare should all conditions of approval be met. 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 Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the annexation and rezone is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in general compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff 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; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc.). (See Section Mfor more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. V IDIAN� AGENDA ITEM ITEM TOPIC: Donation Agreement between Eagle 1 LLC and the City of Meridian for Donegan Well Lot Mayor Robert E. Simison City Council Members: E Joe Borten, President ID1AN1--1."%--'1 Liz Strader,Vice President Doug Taylor A 0 John Overton Anne Little Roberts Luke Cavener TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek, Assistant City Engineer- Water DATE: April 2, 2024 SUBJECT: DONATION AGREEMENT WITH EAGLET LLC FOR DONEGAN WELL LOT REQUESTED COUNCIL DATE: TBD I. RECOMMENDED ACTION A. Move to: 1. Approve the donation agreement with Eaglel LLC for Donegan Well Lot 2. Authorize the Mayor to sign the agreement 11. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer- Water 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background As the City water service area expands, additional wells and well sites are needed to provide water service to future customers. Well sites can be acquired through purchase, lease, or donation from land owners/developers. City staff and developer representatives have worked cooperatively over the past year to identify a parcel of land that appears to be suitable for locating a future city water supply well and accompanying facilities and to draft an agreement to facilitate the donation of that parcel to the city. Page 1 of 2 IV. IMPACT A. Strategic Impact: This agreement enables us to meet our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: This agreement helps ensure our ability to meet future demands in a responsible and timely manner. C. Fiscal Impact: There is no cost to the city through the temporary lease or gift deed described in the agreement VII. LIST OF ATTACHMENTS • Donation Agreement Approved for Council Agenda: 4L Page 2 of 2 I ADA COUNTY RECORDER Trent Tripple 2024-019825 BOISE IDAHO Pgs=13 ANGIE STEELE 04/17/2024 08:47 AM CITY OF MERIDIAN, IDAHO NO FEE DONATION AGREEMENT Donegan Well Lot THIS DONATION AGREEMENT (this "Agreement") is made and entered into this 16th day of April 2024 ("Effective Date"), by and between EAGLET LLC, an Idaho limited liability company ("Donor") and CITY OF MERIDIAN, an Idaho municipal corporation("City"). Donor or City may each individually be referred to as a"Party"or collectively as the"Parties." RECITALS A. Donor owns the +/- 11.986-acre parcel of real property located at 2410 E. Columbia Road, Meridian, Idaho 83642 and commonly known as Ada County Parcel No. S1405438700(the"Parent Parcel"); and, B. Donor intends to seek annexation of the Parent Parcel into the City of Meridian to allow for the development thereof as a residential subdivision; and, C. City operates a public municipal water supply system and desires to acquire a portion of the Parent Parcel to install a water production well,water treatment facility (if needed, as determined by the City), booster station (if needed, as determined by the City), and related facilities(the "Well System") to expand the service area of the public municipal water supply system; and, D. Donor desires to offer to donate fee simple title to a portion of the Parent Parcel that is legally described on Exhibit A and graphically depicted on Exhibit B (the"Well Lot") and an appurtenant easement over a portion of the "future flushing pond" area that is graphically depicted on Exhibit B (the "Flushing Pond Area") (collectively,the"Property")to City to allow for the expansion of the service area of the public municipal water supply system; and, E. City desires to have a reasonable period to engage in customary due diligence into the suitability and utility of the Property for the operation of the Well System prior to accepting the donation thereof; and, F. City and Donor desire to enter into this Agreement to memorize their mutual understanding and agreement with respect to(1)Donor's offer to donate the Property to City; (2) City's right to investigate the suitability and utility of the Property prior to acceptance of the donation; and (3) City's option to accept the donation of the Property and commence with the development of the Well System. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, and the benefits, covenants and agreements hereinafter mentioned on the part and behalf of the Parties,the Parties agree as follows: 1. OFFER TO DONATE: For a period commencing on Effective Date and expiring at the earlier of(a)one year after Donor delivers a Completion Notice(defined below)to City or(b) ten (10)years after the Effective Date (the"Option Period"), Donor hereby irrevocably offers to donate the Property to City in accordance with this DONATION AGREEMENT—DONEGAN WELL LOT PAGE 1 OF 13 Agreement, which donation is subject to, and will only be effective upon, acceptance thereof by City as set forth in this Agreement. 2. OPTION TO ACCEPT DONATION. If the City intends to develop the Well System on the Property, then City may accept Donor's offer at any time prior to the expiration of the Option Period by written notice thereof to Donor(the"Acceptance Notice"). City covenants that it will not deliver an Acceptance Notice unless the City then intends to thereafter develop the Well System on the Property. If at any time City, in its discretion, finds the Property to be unsuitable for the Well System for any reason or City elects for any reason not to accept Donor's offer to donate the Property, then City may terminate this Agreement by written notice thereof to Donor(a"Termination Notice"). If City fails to deliver an Acceptance Notice to Donor prior to the expiration of the Option Period for any reason, then the City will be deemed to have delivered a Termination Notice to Donor at the expiration of the Option Period. 3. DUE DILIGENCE REVIEW 3.1 During the Option Period, Donor will provide City with reasonable access to the Property so City may conduct such inspections, due diligence and other activities on the Property as the City deems prudent or convenient for the City to determine the suitability of the Property for the Well System. The access must be in a location reasonably acceptable to City,which location must be via Columbia Road and must be suitable for well drilling equipment, construction equipment and other vehicles; provided, however, City is responsible for installing any improvements in the access way desired by City. Donor may reasonably relocate the access at Donor's expense and after reasonable notice to City. 3.2 City's due diligence activities may include, but are not limited to, land surveys, environmental surveys, drilling of test wells, applications for water rights or water right transfers and any other inspections, inquiries, testing and other investigations regarding any aspect of the Property or the suitability of the Property for City's purposes that the City deems desirable. Donor will reasonably cooperate with City's efforts and will promptly sign any applications, consents, affidavits, surveys or other documents reasonably requested by City in connection therewith, provided that Donor does not incur an unusual material expense that City does not agree to reimburse.All inspections will be conducted at City's sole cost and expense and in accordance with applicable law. 3.3 City will not engage in destructive inspections without Donor's prior written consent, which consent will not be unreasonably withheld. City will, at its sole cost and expense, promptly restore any physical damage or alteration of the physical condition of the Property that results from any inspections conducted by or on behalf of City. City will keep the Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of City with respect to any inspection or testing of the Property during the Option Period. If any lien is filed, City will cause the lien to be discharged of record in accordance with applicable law. To the fullest extent permitted by law, City agrees to indemnify, defend and save Donor harmless from any claims, damages, liability and expenses(including reasonable attorneys'fees)arising out of City's entry onto the Property during the Option Period. 3.4 If City delivers (or is deemed to have delivered) a Termination Notice, then City shall, to the extent practicable and with reasonable promptness, remove any improvements on the Property by City (including the decommissioning and capping of any testwells)and restore the surface of the Property to its pre-Agreement level and condition, unless otherwise agreed by Donor and City by separate written agreement. DONATION AGREEMENT—DONEGAN WELL LOT PAGE 2 OF 13 3.5 City agrees that Donor is donating, and City will accept,the Property in its"as-is"condition,as of the Effective Date, subject to modification thereof by Donor that may be approved by City(such as any subdivision improvements approved by City),which approval will not be unreasonably withheld. City agrees that Donor shall not be obligated to perform any work or furnish any other materials in,to, or about the Property in order to prepare the Property for use or occupancy by City under this Agreement. 4. ANNEXATION; SUBDIVISION; COMPLETION NOTICE 4.1 City acknowledges that Donor intends to annex the Parent Parcel into the City and subdivide the Parent Parcel into a residential community, and Donor acknowledges that City's review of Donor's application for annexation and subdivision of the Parent Parcel will be considered by City on its own merits, independent of this Agreement. 4.2 Donor covenants that any preliminary plat and any final plat for the Parent Parcel will designate the Well Lot and the Flushing Pond Area as separate lots in accordance with this Agreement and otherwise reasonably acceptable to City. City acknowledges that the Well Lot will otherwise be an ordinary lot in the subdivision that will be eligible for development of a single-family home thereon in accordance with the applicable entitlement approvals, in the event that the City elects to terminate this Agreement prior to delivery of an Acceptance Notice (and also so the Well Lot may be sold as an ordinary single-family home lot in the event that City elects to dispose of the Well Lot after obsolesce of the Well System), 4.3 Upon the recordation of any final plat that includes the Property, Donor agrees to promptly deliver a notice thereof to City(a"Completion Notice"), and provide the City with a copy of the recorded plat. Further, if the City has then issued an Acceptance Notice prior to delivery of the Completion Notice, then Donor will also provide City with the documents identified in Section 5.2 concurrently with the Completion Notice. 5. DONATION: If City delivers an Acceptance Notice to Donor prior to expiration of the Option Period,then: 5.1 If Donor has not then delivered a Completion Notice,then the Temporary Lease set forth in Section 6 will apply until the Property is donated to the City in accordance with Section 5.2. 5.2 If Donor has then delivered a Completion Notice to City, Donor will promptly execute and deliver to City a Gift Deed in the form substantially similar to that attached hereto as Exhibit C(the"Gift Deed"). Upon receipt of the Gift Deed, then City agrees to promptly accept the Gift Deed by executing and recording the same. City will have the right to purchase any title insurance for the donation desired by City, at City's expense, and Donor agrees to execute any certificate or affidavit reasonably requested by City or City's title insurer in connection therewith (provided that the same is consistent with this Agreement). If City elects to use the services of an escrow agent selected by City for the closing of the Gift Deed, at City's expense,then Donor will reasonably cooperate with City and such escrow agent. 5.3 If City accepts the donation of the Property, City understands that Donor may be entitled to claim a charitable contribution deduction under Internal Revenue Code§ 170 for the fair market value of the Property. It is further agreed and understood that City has not provided, and will not be required to provide, any goods,services or other thing of value to Donor in connection with this transaction. This Agreement and the related documents will be deemed a contemporaneous written acknowledgment for purposes of the substantiation requirements of Internal Revenue Code § 170 and Treas. Reg. § 1.170A-13(f). City agrees to provide further information or documentation as Donor may reasonably DONATION AGREEMENT—DONEGAN WELL LOT PAGE 3 OF 13 '.. request from time to time in order to claim a charitable deduction under Internal Revenue Code § 170, and to acknowledge receipt of the Property as required by IRS Form 8283, Noncash Charitable Contributions Form. 6. TEMPORARY LEASE: If the City delivers the Acceptance Notice to Donor prior to Donor delivering a Completion Notice to City, then City's delivery of the Acceptance Notice will automatically constitute Donors lease of the Property to City in accordance with this Agreement and as follows(the"Temporary Lease"): 6.1. The term of the Temporary Lease will commence on the date of the Acceptance Notice and continue in effect until recordation of the Gift Deed pursuant to Section 5.2,at which time the Temporary Lease will terminate. 6.2. There shall be no rent due to Donor under the Temporary Lease, as Donor and City agree that the mutual benefits provided by the Temporary Lease provide adequate consideration forthe Temporary Lease(i.e.,with the City having the benefit of being able to commence work on the Well System on the Property in advance of annexation and platting of the Property, and Donor having the benefit of having a better public water service system available to serve the Parent Parcel). 6.3. City will use the Property only for the construction, operation, maintenance and repair of the Well System(and adjacent flushing pond)in accordance with this Temporary Lease,and no other purpose without the prior written consent of Donor. City covenants to Donor that City will not construct any pole, tower or other structure on the Property greater than thirty-five (35) feet in height. City must maintain the Flushing Pond Area until Donor delivers a Completion Notice to City, and all City improvements on the Property must be compliant with applicable law and otherwise be maintained in a neat and orderly condition. 6.4. City shall have the right to construct, operate, maintain and repair a Well System (and adjacent flushing pond) on the Property, all of which must be done in accordance with applicable law and otherwise in a neat and orderly condition. 6.5. City agrees to comply with all applicable laws governing its use of the Property and to do all things necessary to stay in compliance with the same. 6.6. Donor will provide City with a temporary access easement to the Property during the term of the Temporary Lease in a location reasonably acceptable to City, which location must be via Columbia Road and must be suitable for well drilling equipment, construction equipment and other vehicles to construct,operate,and maintain the Well System;provided,however,City is responsible for installing any improvements in the access way desired by City. Donor may reasonably relocate the access easement at Donors expense and after reasonable notice to City. 6.7. If requested by the City, Donor will provide City with a temporary utility easement for electricity service to the Property during the term of the Temporary Lease in a location reasonably acceptable to City. City shall promptly pay for any utilities utilized by City. Nothing herein will require City to extend utility infrastructure to the Property. 6.8. City shall, at its cost, maintain a comprehensive liability insurance policy covering the Property at all times during the term of the Temporary Lease in the names and for the benefit of City and Donor as co-insureds in the sum of$500,000.00 single-limit coverage. DONATION AGREEMENT—DONEGAN WELL LOT PAGE 4 OF 13 6.9. Provided that City performs all of its obligations under this Agreement, City's quiet enjoyment and possession of the Property will not be disturbed by Donor except as otherwise provided in this Agreement. 7. NO TOWER. City covenants to Donor that City will not construct any pole, tower or other structure on the Property greater than thirty-five(35)feet in height earlier than ten(10)years after recordation of the Gift Deed. 8. FUTURE MAINTENANCE OF PROPERTY. City shall be responsible for landscaping and maintaining the Well Lot. Donor or any homeowners' association serving a subdivision of the Parent Parcel shall be responsible for landscaping and maintaining the Flushing Pond Area, which may be utilized for stormwater management and other purposes,so long as such use does not unreasonably interfere with City's use of the Flushing Pond Area. If requested by Donor or any homeowners' association serving a subdivision of the Parent Parcel,City agrees to work cooperatively to allow,to the extent practical or desirable,the homeowners' association to landscape and maintain the perimeter of the Well Lot in the same manner as common area located on the Parent Parcel. 9. TAXES AND ASSESSMENTS: Donor shall pay all real estate taxes and other assessments of any kind levied against the Property during the term of this Agreement as the same become due. 10. ASSIGNMENT OR SUBLEASING: City shall not assign this Agreement nor sublet any interest in the Property,or any portion thereof,without Donor's prior written consent; provided, however,such consent shall not be unreasonably withheld by Donor. Donor will have the right to convey the Property so long as the transferee agrees in writing to be bound by the terms of this Agreement. 11. LABOR CONTRACTS AND EMPLOYEES:The Parties expressly covenant and agree that all labor contracts and employment agreements with employees or contractors providing services or materials to or construction upon the Property shall be made directly with City and that all such employees and contractors shall be deemed solely the employees or contractors of City and in no way employees or contractors of Donor. City covenants and agrees to keep the Property free and clear of any claims,including but not limited to,mechanics or materialmen's liens. 12. WASTE PROHIBITED: City shall not commit any waste or damage to the Property nor permit any waste or damage to be done thereto. 13. LIABILITY: Donor shall not be liable for any injury or damage which may be sustained by any person or property resulting from the City's use of the Property. 14. CONDEMNATION: If the entire Property, or a substantial part thereof, are condemned or taken by purchase in lieu thereof by any party other than City, then this Agreement shall terminate as of the time possession is taken. 15. TIME IS OF THE ESSENCE: Time and the strict and faithful performance of each and every one of the conditions of this Agreement are expressly made the essence of this Agreement. 16. DONOR DEFAULT. If Donor defaults in the keeping, performing or observing of any of the covenants and agreements herein contained and such default shall remain uncured for a period of ninety (90) days after written notice shall have been sent by certified mail to Donor as hereinafter provided, then in such event the City may, at City's election, pursue any remedy available in law or equity. 17. CITY DEFAULT. If City defaults in the keeping, performing or observing of any of the covenants and agreements herein contained prior to City's acceptance and recordation of the Gift Deed, and such default DONATION AGREEMENT—DONEGAN WELL LOT PAGE 5 OF 13 remains uncured for a period of ninety(90)days after written notice shall have been sent by certified mail to City as hereinafter provided, then in such event the Donor may, at Donor's election, either in law or equity, seek specific performance of this Agreement or may declare this Agreement forfeited and terminated and may re-enter the Property to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of Donor,without further notice or demand constitute a forfeiture and termination of this Agreement, and if thereafter the City shall fail to surrender possession of the Property to Donor, the City shall be deemed guilty of an unlawful and forcible detention of the Property. If this Agreement is terminated for default of any of the covenants and agreements herein contained, City hereby agrees to pay all reasonable expenses incurred by Donor in obtaining possession of the Property from City and in removing the improvements thereon, including reasonable legal expenses and attorneys' fees, and to pay such other expenses as the Donor may incur in putting the Property in good order and condition as herein provided. In the event of notification of default by Donor to City and City does in fact cure such default, then and in that event City shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys'fees incurred by Donor in determination of the default and the notification to the defaulting City. 18. ATTORNEYS' FEES: In the event an action is brought to enforce any of the terms or provisions of this Agreement,or enforce forfeiture thereof for default thereof by either of the Parties hereto,the prevailing Party in such action or collection shall be entitled to recover from the other Party its reasonable attorneys' fee and litigation costs, together with such other costs as may be authorized by law. 19. ENVIRONMENTAL: During the term of this Agreement, City will not deposit, store,dispose of, or place upon, about, or under the Property any hazardous substances in violation of Idaho or federal law. 20. NOTICES: All notices required to be given to each of the Parties hereto under the terms of this Agreement shall be given in writing by depositing a copy of such notice in the United States mail, postage prepaid, certified, return receipt requested, to the respective Parties hereto at the following address, or to such other address as may be designated by writing delivered to the other Party. All notices given by certified mail shall be deemed completed as of the first date of delivery or refusal of delivery. Donor: Eaglet LLC c/o Conger Management Group 4824 W. Fairview Avenue Boise, Idaho 83706 City: City of Meridian Attn: City Engineer 33 E. Broadway Avenue Meridian, Idaho 83642 21. REPRESENTATIONS: It is understood and agreed by and between the Parties hereto thatthere are no verbal promises, implied promises, agreements, stipulations, representations, or warranties of any character excepting those set forth in this Agreement. 22. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns, and successors in interest of the respective Parties hereto. 23. RECORDING: Donor or City may record this Agreement, or a memorandum of this Agreement, in the real property records of Ada County, Idaho. In such event,if this Agreement terminates for any reason,then Donor and City agree to promptly execute and record an instrument memorializing the termination of this Agreement. DONATION AGREEMENT—DONEGAN WELL LOT PAGE 6 OF 13 24. GOVERNING LAW. The laws of the State of Idaho will govern the validity, performance and enforcement of this Agreement, and venue for any action arising out of the Agreement will be in Ada County, Idaho. 25. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in interpreting or construing this Agreement. 26. RECITALS; EXHIBITS: The recitals and exhibits to this Agreement are an integral part of this Agreement, and are fully incorporated herein. 27. SEVERABILITY: If any portion or portions of this Agreement shall be,for any reason,invalid or unenforceable, the remaining portion or portions shall nevertheless be valid,enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the Parties hereto. [end of text;counterpart signature pages follow] DONATION AGREEMENT—DONEGAN WELL LOT PAGE 7 OF 13 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, Donor and City do execute this Agreement effective the day and year first above written. "Donor" EAGLE1 LLC, an Id ho limited liability company By: Name: Title: Mw c o— STATE OF IDAHO ) ) ss. County of Ada ) ^� ':�^�0 This record was acknowledged before me on � , byt 'r�GCy (/�as of Eaglet LLC. d•GE , P�N••LgN��•,�� 1'tyOTARy'•. '= Signature of Notary Pubic A = � My Commission Expires: �-3 •a� �� UBh1C�• DONATION AGREEMENT—DONEGAN WELL LOT PAGE 8 OF 13 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, Donor and City do execute this Agreement effective the day and year first above written. FICity" CITY OF MERIDIAN, an Idaho municipal corporation By: Robert E. Simison, Mayor 4-16-2024 Attest: Chris Johnson, City Clerk - - STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on 4-16-2024 by Robert E. Simison and Chris Johnson, as Mayor and City Clerk, respectively,of City of Meridian. Signature of Notary Public My Commission Expires: 3-28-2028 DONATION AGREEMENT—DONEGAN WELL LOT PAGE 9 OF 13 EXHIBIT A LEGAL DESCRIPTION OF THE WELL LOT 5awtooth land 5urveymg, LLC {� P:(208)398-8104 F:(208)398-8105 2030 5.Wa5hmgtor Ave.,Emmett,10 83617 Donegan Well Site Description BASIS OF BEARINGS Is N. 89041'03"E. between an illegible aluminum cap marking the Sl/4 corner of Section 5 and an Illegible aluminum cap marking the SE corner of Section 5,T.2 N.,R. 1 E., B.M., Ada County,Idaho. A parcel of land located in the SEI/4 of Section 5,Township 2 North,Range 1 East, Boise Meridian, Ada County,Idaho,more particularly described as follows: COMMENCING at an aluminum cap marking the S1/4 corner of said Section 5; Thence N. 0057'18"W.,coincident with the west line of said SEI/4,a distance of 773.49 feet; Thence leaving said west line,N.89002'42"E.,55.00 feet to the POINT OF BEGINNING; Thence N.0057'18"W.,parallel with said west line, 144.28 feet; Thence S.8302743"E., 103.00 feet; Thence S.82020'18"E.,57.77 feet; Thence S.6047'14"W., 123.32 feet; Thence S.89002'42"W., 142.62 feet to the POINT OF BEGINNING. Said parcel contains 0.465 acres more or less. - L 11574 �y I✓Sfp ,P � rror mph ✓FFF mr, P:\2019\19091-CMG DONNEGAN ALTA LOCUST GROVE AND COLUMBIA1Survey\Drawings\DescrlpllonslDonegan Well 6-14-23.docx Page 11 DONATION AGREEMENT—DONEGAN WELL LOT PAGE 10 OF 13 EXHIBIT B GRAPHIC DEPICTION OF THE WELL LOT AND FLUSHING POND AREA m na aL�J`,`,RRA�� FUTURE URE N00°57'18"W_2_629.22' 773.49' � 1855,73 V ---[[[���--- __ ' 2� I cp - $ , ROAD � o o� � k gg Z --- w m I I m N 00°57'18"W 144.28' CAq p mF I I � ly I dy I y o � ° N ;0 I $ o� m ,0 I� I tv m IO ZV id cal I c I tm I o I I lo� Ir' 1 �v I _ � y I506° 174 qT'W 1 m I Q� I 1 ' 113,32' I I FUTURE FLUSHI 1 NG POND I I I S °0647' � , I 14 7'W 1 76' ----- Ibi T N 3 m I I I PROFF I I I n 8 dOE°z S av I I �$� " I I r 'Sy P I I ' � � $ Iwo, � „ I I I w o I I I DONATION AGREEMENT-DONEGAN WELL LOT PAGE 11 OF 13 EXHIBIT C GIFT DEED Recording requested by, and return to: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 GIFT DEED EAGLE1 LLC, an Idaho limited liability company ("Grantor'), hereby grants and conveys as a gift unto CITY OF MERIDIAN, an Idaho municipal corporation ("Grantee"), whose current mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642,all of Grantor's right,title and interest in that certain real property located in Ada County, Idaho, legally described as("Property"): See Exhibit A-1, attached hereto and incorporated herein SUBJECT TO the lien of real property taxes for the then current calendar year not yet due and payable, all matters of record or appearing from a careful inspection of the land,and anything made,done or suffered by Grantee or Grantee's agents. TO HAVE AND TO HOLD the Property, with its easements, water and water rights, and all other rights and appurtenances unto Grantee, and Grantee's successors and assigns forever. GRANTOR: EAGLE1 LLC, an Idaho limited liability company By: _ Name: Title: STATE OF IDAHO ) ss. County of Ada ) This record was acknowledged before me on Lj , by��as ,41-4 of Eaglet LLC. Q ,stsal I I I zd4ll," 4ti a., �• Signature of Notary Public G•'ZyOTARy�,� '� My commission expires: a(a(a Bisset it DONATION AGREEMENT—DONEGAN WELL LOT PAGE 12 OF 13 EXHIBIT A-1 LEGAL DESCRIPTION [Lot_in Block_of Subdivision, in accordance with the official plat thereof recorded in the real property records of Ada County, Idaho as Instrument No. or[appropriate metes and bounds legal description) Together with a perpetual easement over the real property that is legally described as follows (the "Easement Area"): [add lot and block or metes and bounds legal description] for the purpose of the construction,operation, maintenance and repair of a flushing pond and related drainage facilities for overflow water from Grantee's water well supply system on the dominate estate. Grantor shall be responsible for general maintenance of the Easement Area, but Grantee shall be responsible for constructing, maintaining, repairing, and replacing any specific improvements that Grantee installs in the Easement Area as desired by Grantee. Grantor may not place any improvements on, over or under the Easement Area without prior approval of Grantee; provided, however, Grantor may (1) install improvements to utilize the Easement Area for stormwater management, irrigation, recreational and aesthetic purposes and (2) landscape the Easement Area (and install irrigation systems for such landscaping), so long as the same does not interfere with Grantee's use of the Easement Area as authorized herein. The Easement is not exclusive, and Grantor may use the Easement Area for any purpose that does not interfere with the use of the Easement Area by Grantee as permitted herein. The Easement Area is not dedicated to the public and no use of the Easement Area by the general public is authorized herein. This Easement may not be amended except by a written instrument executed by Grantor and Grantee, which instrument will be effective upon recordation in the real property records of Ada County, Idaho. If Grantee elects to abandon the Easement (which will be presumed if Grantee ceases to use the dominate estate for a water well system for a period of five(5)years or longer,of if Grantee conveys the dominate estate to any party other than a public or private water utility provider), then Grantee agrees to terminate this Easement of record. DONATION AGREEMENT—DONEGAN WELL LOT PAGE 13 OF 13 W IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Task Order 5040.0200.b to Brown and Caldwell for the ARPA Funded Biosolids Dryer Project - Final Design for the Not-to-Exceed amount of$692,992.00 and authorize the Procurement Manager to execute the Task Order and resulting Purchase Order C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 4/16/2024 Presenter: N/A- Consent Estimated Time: N/A Topic: Approval of Task Order 5040.0200.b to Brown and Caldwell for the ARPA Funded Biosolids Dryer Project- Final Design for the Not-to-Exceed amount of$692,992.00. Recommended Council Action: Approval of Task Order 5040.0200.b and authorize the Procurement Manager to execute the Task Order and resulting PO for $692,992.00. Background: This Task Order is utilizing ARPA funds previously approved by Council. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/12/2024 REQUESTING DEPARTMENT Public Works Project Name: WRRF Biosolids Dryer Project Project Manager: David Briggs Contract Amount: $692,992 Contractor/Consultant/Design Engineer: Brown and Caldwell Is this a change order? Yes ❑ No 0 Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 61 Budget Available(Purchasing attach report): Department 3590 Yes 0 No ❑ Construction ❑ GL Account 96153 FY Budget: FY24 Task Order 0 Project Number: 5040.0200.a Enhancement: Yes ❑ No 0 Professional Service ❑ Equipment ❑ Will the project cross fiscal years? YesO No ❑ Grant ❑ IV. 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) 5040.02 N/A-Professional Services 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 2A (Bid Results Attached) Yes ❑ No❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Good Standing Insurance Certificates Received(Date): Expiration Date: 5/31/2024 Rating: A+ Payment and Performance Bonds Received(Date): N/A Rating: N/A Builders Risk Ins.Req'd: Yes ❑ No 0 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 0 1 Performance on past projects Check all that apply 0 Quality of work 0 On Budget 0 On Time 0 Accuracy of Construction Est 0 2 Qualified Personnel 0 3 Availability of personnel 0 4 Local of personnel Description of negotiation process and fee evaluation: Brown and Caldwell submitted a draft task order for this work whichg was reviewed by the City.Brown and Caldwell revised the task order based on City comments and brought it into alighnment with industry standards and Public Works supports the approval of this task order. Clint Dolsby 4/3/2024 Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: April 9,2024 Approval Date 4-16-2024 By: City Council Purchase Order No.: Date Issued: WH5 submitted N/A (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final TASK ORDER NO. 5040.0200.b Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND BROWN & CALDWELL (ENGINEER) This Task Order is made this 16tb day of April, 2024 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 "Owner", and accepted by Brown & Caldwell, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2a) between the above-mentioned parties dated October 2, 2023. The Project Name for this Task Order is as follows: ARPA FUNDED WRRF BIOSOLIDS DRYER PROJECT FINAL DESIGN AND BIDDING SERVICES PROJECT UNDERSTANDING This project will utilize ARPA Grant Funds. Supplemental Provisions are attached as Appendix A beginning on page 12. During this phase of the project, Consultant will conduct final design engineering, develop the Final Design, and Bid Document submittals for the new Biosolids Dryer. The Final Design will advance the general arrangement design developed during Preliminary Engineering. The project will involve improvements related to the following WRRF processes: • Modifications to the biosolids cake conveyance system in the dewatering facility, including a below grade cake conveyor to the new biosolids dryer. • A new rectangular, thermally enhanced solar biosolids dryer located on the biosolids pad. • Expansion of the existing hot water loop and new secondary loop and pump to provide heat to the biosolids dryer. • Conveyance equipment for dried biosolids storage and truck loading. • Site-civil improvements including relocation of utilities and paving/grading modifications around the new dryer. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 1 of 20 Brown and Caldwell SCOPE OF WORK TASK 1 — Final Design • Focus on advancing planning and preliminary engineering concepts that have been developed in the Biosolids Dryer Preliminary Engineering task order (No. 5040.0200.a). Leading up to the Final Design milestone, elements of the work will be discussed and submitted separately for review by the City to confirm design direction (e.g., Coordination Meetings). • Document the final design plans and specifications for the Project scope of work to achieve the following objectives: o Use information from previous surveys and geotechnical reports to complete the detailed design. o Finalize details of design concepts documented in the Preliminary Engineering Report. o Complete detailed design and preparation of contract documents and obtain City approval on the proposed design. o Document compliance and approval with regulatory requirements that pertain to the design of sewage treatment facilities. o Obtain code compliance approval and a building permit from the City of Meridian Building Services. o Update construction cost and schedule estimates. o Complete development of contract documents for the City to solicit construction contractor bids. 1.1 Architectural Final Design • Perform architectural design up to and including final drawings and specifications for public bidding of the Project. • Final Design of the Biosolids Dryer will match to the best extent possible architectural treatment and materials that exist on other WRRF campus buildings. Deliverables • Architectural (A) drawings and specifications will be included with the final design and bid document submittals. • COMCheck Envelope Compliance Certificate for the Biosolids Dryer Building. 1.2 Site-Civil Final Design • Design general and civil site work up to and including final drawings and specifications for public bidding of the Project. • Civil drawings and specifications will be based on existing topographic base mapping and as-built drawings of the existing facilities and buried utilities, engineering calculations, and new/existing background geotechnical information. • This task also includes design of access roads, site excavation, grading, paving, yard piping and utilities, drainage conveyance, and erosion control. Deliverables • General (G) and civil (C) drawings and specifications will be submitted with the final design and bid document submittals. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 2 of 20 Brown and Caldwell • General drawings will include title sheet and vicinity maps, drawing index, general symbols, legends, and abbreviations, and process flow diagrams. • Civil drawings will include site plan, site demolition, paving and grading plans, yard piping plans, miscellaneous details, temporary erosion/sedimentation control details, and various site plans and sections. 1.3 Structural Final Design • Provide structural design, up to and including final drawings and specifications for public bidding of the Project. • Structural drawings will be based on as-built drawings of the existing facilities, structural calculations, and new/existing background geotechnical information. • The controlling code will be the 2018 International Building Code with local amendments. • Structural drawings and specifications will be prepared for the mat foundation of the Biosolids Dryer , the footings of the preengineered Greenhouse , miscellaneous equipment and conveyance supports, and foundations and other structural aspects of any new/existing facilities associated with the Project. Deliverables • Structural (S) drawings and specifications will be submitted with the final and bid document submittals. 1.4 Process Mechanical Final Design • Prepare process and instrumentation documents (P&ID) and mechanical design documents up to and including final drawings and specifications for public bidding of the Project. • P&ID drawings will be based on as-built drawings of the existing facilities, engineering calculations, and the characteristics of new process equipment needed for this Project. • Process mechanical drawings and specifications will include final process design, equipment sizing and selection for each process area, process piping layout, and the final mechanical plan views, mechanical sections, and process control narratives. Deliverables • P&ID (I) drawings and mechanical (D) drawings and specifications will be submitted with the final and bid document submittals. 1.5 Electrical Final Design • Perform electrical design up to and including final drawings and specifications for public bidding of the Project. • Electrical drawings will be based on power improvements required for the Project, including all raceway and cable schedules, and control schematics with reference to I&C-specified process instrumentation and control devices. • Electrical drawings will show equipment locations and associated cable or raceways and indicate equipment connections as home-run type symbols with reference to which motor control center or electrical panel that a cable is to be connected. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 3 of 20 Brown and Caldwell Deliverables • Electrical (E) drawings and specifications will be submitted with the final and bid document submittals. • COMCheck Interior and Exterior Lighting Compliance Certificates for Biosolids Dryer. 1.6 Instrumentation Final Design • Develop instrumentation and controls drawings and specifications as required to monitor and control the Project up to and including final drawings and specifications for public bidding of the Project. • Instrumentation drawings will include sensors and instruments to be used (coordinated with electrical for hazardous environments requirements), installation details for equipment, and control system network diagrams. • Specifications will include control system hardware and software requirements and written narrative descriptions of control strategies and sequences. Deliverables • Instrumentation (1) drawings and specifications will be submitted with the final and bid document submittals. TASK 2- Project Management and Design Support Services 2.1 Document Preparation • Prepare the Final Design and Bid Document submittal packages. • Final Design and Bid Document submittals will be delivered to the City in electronic PDF formats. Final Design (permit review set) will also be delivered in hard copy format. The specifications will be prepared in Microsoft Word and drawings will be prepared using Revit 2021 and Civil 3D (for civil drawings). Hard copy bound documents of the specifications and drawings (11"x17" half-sized drawings) will be submitted for internal distribution to the City. Deliverables • Prepare the Final Design package (work products from Task 1 activities) for City and permitting agency review. One electronic PDF and four hard copies will be provided. • After incorporating City and permitting agency review comments, a Bid Document package will be submitted to the City. One electronic PDF will be provided. 2.2 Project and Design Management • Provide management, direction, coordination, and control of all work associated with Project schedule, budget, subconsultants, technical quality, and monthly progress reports and invoices for the Project. • This task includes the following activities: o Update the Project Management Plan and Quality Plan for Final Design activities (internal use only). o Update the Health and Safety plan for Final Design activities (internal use only). o Maintain the Final Design project schedule. o Prepare monthly project status reports. Progress reports will identify budget status, progress status, and activities of the previous month. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 4 of 20 Brown and Caldwell O Supervise project staff. o Manage Consultant budget and schedule. O Procure, supervise, and coordinate the activities of subconsultants providing specialized or supplemental engineering services. O Coordinate design disciplines. Deliverables • Monthly progress reports and invoices 2.3 Coordination Meetings • Provide a regular forum for receipt, exchange, response, and documentation of project planning, design, and management related issues and decisions during the Project. • This task includes the following coordination meetings: O Six workshops up to 3-hours in duration on-site at the City's WRRF or via MS Teams with PM, DM, and up to four additional design engineers (discipline leads) to present and review findings, discuss design issues/decision log progress, and obtain site access for information gathering. O Bi-weekly internal Project team meetings during the Final Design phase (1-hour duration teleconference between Consultant disciplines) for a duration of up to seven months to discuss design issues, review schedule, and coordinate amongst discipline team members. Deliverables • Agenda and workshop presentation content to be distributed at all coordination meetings with City staff • Issues/decision log updated following each coordination meeting with City staff • Meeting notes for all coordination meetings with City staff 2.4 Construction Cost Estimate and Construction Schedule • Provide the probable construction cost and construction schedule estimates based on the Final Design submittal. A Class 1 estimate will be submitted in accordance with the Association for the Advancement of Cost Engineering Estimate Classification System. Deliverables • Cost Estimate for the Final Design will subdivide the cost estimate by process areas and by major engineering disciplines. • Construction Schedule will include a basic work breakdown structure schedule estimate based on the Final Design submittal. 2.5 Quality Assurance/Quality Control (QA/QC) • Implement a QA/QC program as defined in the Quality Plan to review products from this scope. City and regulatory agency review comments will also be incorporated to prepare and complete the Bid Document submittal. Additionally, the City is assumed to participate in this process and provide independent review of products. • Consultant will provide appropriate calculation and deliverable QA/QC reviews by in- house, senior staff members. No external value engineering reviews are included in this scope. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 5 of 20 Brown and Caldwell Deliverables • Issues/decision log 2.6 Permitting Assistance • Assist the City in preparing and submitting permits and other regulatory documents required for the Final Design associated with new facility construction. • Based on prior project experience, Consultant has budgeted for the following permits and/or approvals to be included in this scope of work: o IDEQ ■ The Final Design submittal will be transmitted to IDEQ upon approval by the City. ■ Final Design submittal comments will be resolved by Consultant to the satisfaction of IDEQ. Any changes to drawings or specifications because of this review will be issued as part of the Bid Document submittal. o City Building Services Permits ■ Consultant will coordinate with City to set up an intake review meeting with the City Building Services Department in advance of submitting the Certificate of Zoning Compliance (CZC) checklist and Final Design permit review application. ■ The CZC checklist and supplemental information (project narrative, cover sheet, site-civil drawings, architectural elevations, and AutoCad files) will be submitted for City Building Services review/approval in advance of the Final Design submittal. ■ CZC submittal comments will be resolved by Consultant to the satisfaction of the City Building Services Department. Any changes to drawings or specifications because of this review will be issued as part of the Final Design submittal. ■ The Final Design submittal will be transmitted to the City Building Services Department following CZC approval. ■ Final Design submittal comments will be resolved by Consultant to the satisfaction of the City Building Services Department. Any changes to drawings or specifications because of this review will be issued as part of the Bid Document submittal. o Stormwater Pollution Prevention Permit (SWPPP) ■ Consultant will include drawings for installation of best management practices (BMPs) facilities in the Final Design submittal. ■ Consultant will include a specification in the Final Design submittal outlining the construction contractor's responsibilities for using the drawings in support of developing the SWPPP and submitting a Notice of Intent (NOI) to the IDEQ for coverage under the construction general permit as site operator. ■ The Final Design submittal will be transmitted to the City for review of the drawing BMPs and SWPPP specification. ■ Final Design BMP and SWPPP specification submittal comments will be resolved by Consultant to the satisfaction of the City. Any changes to drawings or specifications because of this review will be issued as part of the Bid Document submittal. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 6 of 20 Brown and Caldwell ■ SWPPP will be prepared under Task 1 .2 (Site-Civil Final Design) • Other permits and regulatory documents may be identified during the Project and will be added to this scope and budget upon written authorization by the City. It is assumed that wetlands, biological assessments, or archaeological investigations and surveys will not be necessary. It is also assumed that the construction contractor will secure other Project-related permits such as the grading, building, electrical, and plumbing permits. Deliverables • CZC checklist and supplemental information • Final Design submittal for IDEA, City Building Services, and BMPs/SWPPP review and approval 2.7 Bid Period Services • Assist the City with obtaining construction bids for the Project. The City will be responsible for advertising and bidding the Project. This budget includes a labor allowance of 64 hours for assisting the City with the Project bidding. • This task includes activities as follows: o Respond to bidder questions during the bid period. O Support addenda preparation for City distribution as required prior to bid closing. o Attend and participate in the City-led pre-bid conference. O Assist with bid evaluations. Deliverables • Answers to contractor questions and addendum documents (template for deliverable will be provided by the City and will be similar in format to prior projects). • Pre-bid conference agenda (template for agenda deliverable will be provided by the City and will be similar in format to prior projects). • Pre-bid conference technical presentation (MS Power Point) and Navisworks Building Information Model files will be transmitted to contractors via addendum following the pre-bid conference. PROJECT ASSUMPTIONS While preparing our scope of services and fee schedule, Consultant has made the following assumptions: Civil/Geotechnical • Existing topographical survey information and base mapping will be utilized for the design of new facilities and modifications of existing facilities. • Legal, easement, and plat surveys for the WRRF site will not be required. • Civil site work plans will only be provided for areas of the site that involve disturbance to existing grading and where site restoration is needed after demolition and construction activities. • Site drawings will only be prepared for areas in the WRRF where new facilities or major retrofits to are to be constructed. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 7 of 20 Brown and Caldwell • It is assumed the site layout for new facilities associated with the Project will not require relocation of major utilities or structures required for continued or interim service of the WRRF. • Landscaping plans will not be prepared. • New access roadway work will be limited to the areas around the Biosolids Dryer. No traffic analysis or traffic control design is required. • The foundation design of new or modified facilities will be based on geotechnical information obtained by the City for this Project. • In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the Project cost and/or execution. The conditions and cost/execution effects are not the responsibility of Consultant. • New groundwater pumping facilities are not required. Structural/Architectural/Geotechnical • It is assumed that geotechnical conditions and recommendations are similar to those of recent WRRF projects. • Conventional spread foundations will be required for all new facilities. Deep excavations or piles will not be required. • Biosolids Dryer Greenhouse architecture will match to the best extent possible architectural treatment and materials that exist on other WRRF campus buildings. • No landscape architect services will be required for this Project. • No retaining walls will be required. • Greenhouse structural and architectural design will be delegated to the manufacturer. • Supports and seismic bracing for pipes (<24"), lighting, fire suppression or hvac systems will be Contractor-designed based upon a performance specification which will be developed during the final design phase for all piping. Process/Mechanical • Design concerning "plant-wide" utility systems such as basin drainage, water and in- plant waste collection/disposal will be limited to extension of and/or changes to existing piping. No new structures or equipment will be needed. • Corrosion control provisions will not be required for buried piping. • Active cathodic protection will not be required for buried piping. • Piping two inches in diameter and smaller will be field-routed 5-feet from entry point and 5-feet from end point. • Pipe supports, expansion/contraction control measures, and seismic bracing/control measures will be Contractor-designed based upon a performance specification which will be developed during the final design phase for all piping. • An odor control system will not be provided. • Manual valves two inches in diameter and below will not be tagged. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 8 of 20 Brown and Caldwell • No changes to boilers or hot water primary loop pumps will be required. Electrical • Electrical design of the new Biosolids Dryer including power distribution, lighting, telecommunications device locations, raceways, and cabling. • Electrical design will be based on existing record drawings provided by the City and Consultant observations of existing conditions; without benefit of field measurements and invasive investigation made undesirable by expense and inconvenience to the City. Unforeseen conditions uncovered during the progress of final design work may require an adjustment to the work scope subject to renegotiation with the City. • Utility coordination will be provided during the Final Design phase for any modifications required to accommodate new loads. • A comprehensive power system study will be provided during the Construction phase. Code review will be limited to the City-adopted version at the time of initiation of contract of NFPA Sections 70, 820 and 497. • Public address system design or modification will not be included. Instrumentation and Controls (I&C) • I&C will match the existing system and components available during the Project. • I&C will be similar in type and sophistication to what currently exists and based on the City's latest I&C standards. Analog elements and components will be used, and no significant modifications to existing I&C equipment or systems will be needed. • A design for a new remote 1/0 programmable logic controllers (PLCs)-based supervisory control and data acquisition system will be provided for those process areas. all new I&C equipment or systems are anticipated. • The City will provide "as-built" documentation of the existing process instrumentation and control system. City-provided information will include, but not be limited to, existing motor and control circuit diagrams, panel shop drawings, process instrument information, and process control system software documentation. • The new instrumentation and control system will be based on the use of PLCs. Plant status monitoring will be by the existing commercially available PC-based software package: Wonderware, by Schneider Electric Software. Remote access to plant components will not be provided. • Programming is excluded from this scope of work. This effort will be deferred to the construction phase of this Project and will assume that a subcontractor will be hired by the City to perform this work during the construction Project. • Security system and video system design are excluded as part of this scope of work. • Vendor-supplied control system packages will be interfaced through hardwired signals or networked signals, when available. Project Management/General • Decisions will be reached in the workshop setting and summarized in detailed TMs and/or documented and maintained in an issues/decision log. • Design deliverable milestone reviews will be streamlined by using presentations and structured Building Information Model (BIM) review meetings. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 9 of 20 Brown and Caldwell • The design will be based on federal, state, and local codes and standards in effect at the beginning of the Project. The existing plant facilities are assumed to be in full compliance with current drainage, electrical, building, mechanical, plumbing, seismic, and other codes that apply to these types of facilities. Revisions and rehabilitation of existing plant facilities to achieve compliance with current codes are specifically excluded from this scope of work. • Preparation of contract design drawings will be based on the use of standard Consultant document protocols, CAD standards, and formats like those which have been used on previous projects with the City. All drawings will be prepared with Revit 2021 , except for civil drawings, which will be prepared with Civil 3D. • City will be responsible for all project permitting fees. • Construction contractor bid period will be 6 weeks in duration. • In providing opinions of probable cost, financial analyses, economic feasibility projections, and schedules for the Project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, Consultant makes no warranty that opinions of probable cost and schedule estimation will match the City's actual project match the City's actual Project costs, financial aspects, economic feasibility, or schedule. • The City will provide computer files of all existing plant construction drawings. These drawings are considered record drawings and will be relied upon to be accurate for design purposes. City will provide to Consultant all data in City's possession relating to Consultant's services on the Project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. If provided documents are found to be erroneous in content, an adjustment to the work scope subject to renegotiation with the City may be required. • Any investigation and remediation of possible hazardous waste, asbestos, lead paint, or other types of contamination will be conducted as a separate contract. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 10 of 20 Brown and Caldwell 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: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Telephone: (208) 489-0417 kwatts@meridiancity.org Brown and Caldwell Attn: Dave Bergdolt 1290 West Myrtle St., Ste 340 Boise, ID 83702 Telephone: (208) 389-7700 / (206) 450-4576 dbergdolt@brwncald.com TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Final Design ■ 180 days from NTP $539,092 2 Project Management and Design ■ 240 days from NTP Support Services $153,900 TASK ORDER TOTAL: $692,992.00 The Not-To-Exceed amount to complete all services listed above for this Task Order is six hundred ninety-two thousand nine hundred and ninety-two dollars dollars and 00/100 ($692,992.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the Owner in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN BROWN A CALDWEL Z*�/ BY: BY: KEITH WATTS, Purchasing Manager MIKE ZELTNER, anaging Engineer Dated: Dated: April 5, 2024 City Project Manager: David Briggs TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 11 of 20 Brown and Caldwell Appendix A SUPPLEMENTAL PROVISIONS FOR CONTRACTS INVOLVING FEDERAL AWARD FUNDS 1. Applicability. In addition to the terms and conditions set forth in the Contract and all applicable policies, laws, and regulations, all Contracts with the City of Meridian involving Federal Award funds shall include the following terms and conditions, as applicable, set forth in these Supplemental Provisions for Contracts Involving Federal Award Funds ("Supplement"). Because the provisions set forth in this supplement are required by Federal regulations (2 CFR Part 200), to the extent the terms set forth herein conflict with the provisions of the Contract, the terms set forth herein shall apply. 2. Definitions. Terms used in this Supplement shall be defined as set forth in 2 CFR § 200.1. The term "Contract" as used in this Supplement shall refer to the instrument to which this Supplement is appended, attached, or included as an exhibit. 3. Uniform guidance. Contractor shall comply in all respects with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 4. Breach (2 CFR Part 200,Appendix II, §A). If Contractor is in breach of any of the terms, covenants or conditions of this Contract, this Contract, and all rights of Contractor in and to the Federal Award funds, at City's option, may be terminated and forfeited without further notice or demand. In addition to termination of this Contract and/or any other remedies as provided by law, City may require repayment of Federal Award funds remitted, and declare Contractor ineligible for any further participation in City grant programming. 5. Termination (2 CFR Part 200,Appendix H, § B). a. Termination for convenience. Either party may terminate this Contract for convenience by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. b. Termination for cause. Termination of this Contract, in whole or in part, may occur for cause, which cause may include, but shall not be limited to, the following: 1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and guidelines, policies or directives as may become applicable at any time; 2) Failure to fulfill in a timely and proper manner its obligations under this Contract; 3) Ineffective or improper use of Federal Award funds provided under this Contract; or 4) Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Contract for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Contract for cause. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Contractor under this Contract shall become the property of City, and Contractor shall provide same within seven (7) days of City's demand therefor. Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 12 of 20 Brown and Caldwell 6. Equal Employment Opportunity(2 CFR Part 200,Appendix II, § C; applicable to all Contracts that meet the definition of"Federally Assisted Construction Contract"per 41 CFR Part 60-1.3). a. Contractor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, the following equal opportunity clause: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining Contract or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 13 of 20 Brown and Caldwell and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. Contractor further agrees that Contractor will be bound by the above equal opportunity clause with respect to its own employment practices when Contractor participates in a Federally Assisted Construction Contract. c. Contractor agrees that it will assist and cooperate actively with the City and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the City's primary responsibility for securing compliance. d. Contractor further agrees that it shall not enter into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Contractor agrees that if Contractor fails or refuses to comply with these undertakings, City may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to Contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 14 of 20 Brown and Caldwell 7. Davis-Bacon Act,40 U.S.C. §§ 3141-3148 (2 CFR Part 200,Appendix II, § D; 29 CFR Part 5; applicable to all prime construction contracts in excess of$2,000). Contractor and Contractor's subcontractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor shall pay wages not less than once a week. Contractor must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. 8. Copeland "Anti-Kickback"Act, 40 U.S.C. § 3145 (2 CFR Part 200,Appendix II, § D; 29 CFR Part 3; applicable to all contracts to which Davis-Bacon applies). Contractor shall comply with the Copeland "Anti-Kickback"Act, 40 U.S.C. 3145, as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Contractor shall not induce, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Contractor further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract shall comply with Federal requirements pertaining to such Contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Contractor or its subcontractors of its obligation, if any, to require payment of the higher wage. 9. Contract Work Hours and Safety Standards Act, 40 U.S.C. §§ 3701-3708 (2 CFR Part 200, Appendix II, § E, applicable to contracts in excess of$100,000 that involve the employment of mechanics or laborers). Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 10. Rights to Inventions Made Under a Contract or Contract(2 CFR Part 200,Appendix II, § F, applicable to contracts involving Federal award that meets the definition of"funding Contract" under 37 CFR § 401.2(a)). If Contractor enters into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding Contract," Contractor shall comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts," and any implementing regulations issued by the awarding agency. 11. Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act(33 U.S.C. §§ 1251-1387) (2 CFR Part 200,Appendix II, § G, applicable to contracts in excess of $150,000). Contractor specifically agrees to comply with the following regulations: TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 15 of 20 Brown and Caldwell a. Clean Air Act, 42 U.S.C. §§ 7401, et seq. b. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. c. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. 12. Debarment and Suspension,Executive Orders 12549 and 12689 (2 CFR Part 200,Appendix II, § H; 2 CFR Part 180). Contractor is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. Contractor must include a requirement to comply with these regulations in any contract for a covered transaction it enters into. 13. Byrd Anti-Lobbying Amendment,31 U.S.C. 1352 (2 CFR Part 200,Appendix II, § I). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated Federal Award funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal Federal Award funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Contractor, who in turn will forward the certification(s) to the City. Pursuant to 44 CFR Part 18,Appendix A, the certification shall be signed by the Contractor and shall state: Certification for Contracts, Grants, Loans, and Cooperative Contracts The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated Federal Award funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Contract. (2) If any Federal Award funds other than Federal appropriated Federal Award funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Contracts) and that all Contractor s shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 16 of 20 Brown and Caldwell making or entering into this transaction imposed by section 1352, title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, [Insert Contractor's name], certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. 14. Procurement of recovered materials (2 CFR Part 200,Appendix II, § J,2 CFR § 200.323; applicable where the price of the item purchased exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000). In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials as designated by the Environmental Protection Agency unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule, the product does not meet contract performance requirements; or cannot be acquired at a reasonable price. 15. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR Part 200,Appendix II, § K; 2 CFR § 200.216). Contractor is prohibited from obligating or expending loan or grant Federal Award funds to: a) procure or obtain; b) extend or renew a contract to procure or obtain; or c) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses Covered Telecommunications Equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), including (i) video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii)Telecommunications or video surveillance services provided by such entities or using such equipment; (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 16. Domestic preferences for procurements (2 CFR Part 200,Appendix II, § L; 2 CFR § 200.322). As appropriate, to the extent consistent with law, and to the greatest extent practicable under the Federal award, Contractor shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). For purposes of this section: a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 17 of 20 Brown and Caldwell 17. Financial management (2 CFR § 200.302(b)). Contractor's financial management system shall provide for the following: a. Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. b. Accurate, current, and complete disclosure of the financial results of each Federal award or program. c. Records that identify adequately the source and application of Federal Award funds for federally-funded activities. These records must contain information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation. d. Effective control over, and accountability for, all Federal Award funds, property, and other assets. Contractor must adequately safeguard all assets and assure that they are used solely for authorized purposes. e. Comparison of expenditures with budget amounts for each Federal award. 18. Conflicts of interest; nepotism (2 CFR § 200.318(c)(1)). No person who exercises or has exercised any function or responsibility with respect to Federally-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this contract, or have a financial interest in any contract, subcontract, or Contract with respect to the Federally-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. 19. Nondiscrimination. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, the Age Discrimination Act of 1975, and Executive Order 11246 as amended by Executive Orders 11375 and 12086 (non-discriminatory practices in hiring and employment by government contractors). Specifically, Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. Contractor will send to each labor union or representative of workers with which he has a collective bargaining Contract or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section. Contractor will include this provision in every subcontract or purchase order unless exempted by Executive Order 11246 or the rules, regulations, or orders of the Secretary of Labor issued pursuant thereto. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 18 of 20 Brown and Caldwell 20. Rehabilitation Act, section 504 (29 U.S.C. §§ 701 et seq.). Contractor agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, which prohibits discrimination against the handicapped in any federally assisted activities. 21. Small,Women- and Minority-Owned Businesses (2 CFR § 200.321). Contractor shall take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible as sources of supplies, equipment, construction and services.Affirmative steps must include: a. Include any such qualified firms on solicitation lists. b. Assure that such firms are solicited whenever they are potential sources. c. When economically feasible, divide total requirements into small tasks or quantities so as to permit such firms maximum participation. d. Where possible, establish delivery schedules which will encourage such participation. e. Use the services and assistance of the Small Business Administration, Minority Business Development Agency of the Department of Commerce, Idaho Transportation Department's Disadvantage Business Enterprise Program, and other sources when appropriate. 22.Program Fraud and False or Fraudulent Statements or Related Acts. Contractor acknowledges that 31 U.S.C. §§ 3801-3812 (Administrative Remedies for False Claims and Statements) applies to Contractor's actions pertaining to this contract. This statute allows for administrative recoveries by the awarding Federal agency. If Contractor submits a claim that Contractor knows or has reason to know is false or contains false information, or omits material information, the Federal agency may impose a penalty of up to $5,000 for each claim. Contractor acknowledges that a violation of this law occurs when the false information is submitted. 23.Subcontractors. a. Contractor shall not enter into any subcontracts with any agency or individual in the performance of this Contract without the prior written consent of City.All subcontracts entered into in the performance of this Contract shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. b. Contractor shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Contractor shall furnish and cause each of its own Contractors or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. c. Contractor shall cause all provisions of this Contract in their entirety to be included in and made a part of any subcontract executed in the performance of this Contract. Specifically, without limitation, Contractor shall include the provisions of this Contract regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. d. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. 24.Environmental Mitigation Measures. a. Contractor must comply with the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01.651, by implementing precautions to prevent particulate matter from becoming airborne. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 19 of 20 Brown and Caldwell b. If any items of suspected historical or archaeological value are uncovered during construction, the contractor will be required to stop work and contact the Idaho State Historic Preservation Office and the Idaho Department of Commerce. c. The collection and disposal of storm and surface water runoff from the project site must comply with the Idaho Department of Environmental Quality's (DEQ) Catalog of Storm Water Best Management Practices for design of all storm water treatment and disposal systems. d. Contractor shall comply with the provisions of the Environmental Protection Agency's Idaho Pollutant Discharge Elimination System (IPDES) General Permit for Storm Water Discharge from Construction Activities and the Construction Storm Water Pollution Prevention Plan (SWPPP). e. If during the construction of the project, an underground storage tank, buried drum, other container, contaminated soil, or debris not scheduled for removal under the contract are discovered, the Contractor shall immediately notify City. No attempt shall be made to excavate, open, or remove such material without written approval. 25.Build America Buy America Act (2 CFR § 184.4(b); Title IX of the Infrastructure Investment and Jobs Act,Pub. L. 177-58).Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget's Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure,April 18, 2022. Contractor's projection of total project costs and revisions thereof should reflect compliance with BABAA requirements. Contractor shall determine and certify that to the best of Contractor's knowledge and belief all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including BABAA. Contractor shall review and approve or take action with respect to drawings, plans, and other required Contractor submittals, including applications for payment, to ensure compliance with BABAA. Contractor shall review substitutes and "or equals" for conformity with contract conditions, Federal awarding agency regulations, and BABAA requirements. Contractor shall obtain and review manufacturers' and contractors' certifications on compliance with BABAA requirements and maintain copies of certifications in project files. TO 5040.0200.b-WRRF Biosolids Dryer Project—Final Design and Bidding Services Page 20 of 20 Brown and Caldwell E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution 24-2447: A Resolution Authorizing the Destruction of Certain Semi-Permanent and Temporary Records of the City of Meridian; and Proving an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2447 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-PERMANENT AND TEMPORARY RECORDS OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50- 907(7) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, upon the advice of the City Attorney, the City Clerk has identified certain semi- permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2)and(3) because the time period for retention of such records has expired; and WHEREAS, the list of semi-permanent and temporary records ripe for destruction through December 31,2023 are identified in Exhibit A, attached. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the semi-permanent and temporary records of the City of Meridian identified in Exhibit A, attached. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 16th day of April,2024. APPROVED by the Mayor of the City of Meridian, Idaho,this 16th day of April, 2024. APPROVED: ATTEST: (SEAL) By: B Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION AUTHORIZING CERTAIN RECORDS FOR DESTRUCTION PAGE 1 OF 1 RECORDS RETENTION SCHEDULE UPDATED APRIL 10, 2024 RESOLUTION NO. 24-2447 RESOLUTION ADOPTING UPDATED RECORDS RETENTION SCHEDULE PAGE 1 TABLE OF CONTENTS Introduction ............................................................................... Page 3 City Attorney's Office ................................................................... Page 5 City Clerk's Office ....................................................................... Page 7 Commissions, Committees, Boards ................................................... Page 7 Community Development ............................................................... Page 8 Finance Department ..................................................................... Page 9 Fire Department .......................................................................... Page 16 Human Resources Department ......................................................... Page 18 Information Technology Department ................................................. Page 26 Mayor's Office ........................................................................... Page 27 Parks and Recreation Department ...................................................... Page 29 Police Department ........................................................................ Page 35 Public Works Department ............................................................... Page 42 1 1 P a g e INTRODUCTION Management of public records is a vital function of every city, and understanding the basic principles of records management is essential for every city official and staff member. Under the Idaho Public Records Act, a public record is any recorded information that relates to the business of city government. Public records can be on any medium—paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of records retained by the city and the retention period for each type of record. Records must be retained for the specified retention period, and may be destroyed only pursuant to the direction of the City Clerk. EMPLOYEES'ROLE IN RECORDS RETENTION All City of Meridian employees and elected officials have responsibilities with regard to City records. Employees, elected officials, and appointed officials must protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of City business. Idaho Code section 50-908 outlines the role and responsibilities of the City Clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of City records in compliance with state and federal laws and City ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of historical and permanent records to the Idaho State Historical Society("ISHS"). All City records are property of the City, and no City official, elected, appointed or staff, may assert any personal or property right to such records. The unauthorized destruction or removal of City records is prohibited. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS Idaho Code sections 50-907(1—4) lists four categories for municipal records: permanent, semipermanent, temporary, and historical. The provisions relating to these categories enumerate specific record types that must be designated with the respective category and retention period. The statute allows cities to designate additional records for each classification as deemed appropriate by the City Council. Pursuant to its authority under Idaho Constitution Art. XII, section 2, the City has created a"transitory" category, for records of ephemeral or task-based utility. Idaho Code section 50-907(7) addresses the destruction of records following the expiration of their retention period. Permanent records may not be destroyed, but must be retained by the City in perpetuity. If retained in digital form, prior to its destruction, the paper original must be offered to ISHS for permanent retention,pursuant to the procedures established in 2 1 P a g e Idaho Code sections 50-907(6) and(7). Historical records must be retained in perpetuity, in their original form, or transferred to ISHS. Semipermanent records must be retained for not less than five (5) years after the date of issuance or completion of the matter contained within the record, and temporary records for not less than two (2) years. After the expiration of the designated retention period for semipermanent and temporary records, they may be destroyed only by resolution of the City Council, upon advice of the City Attorney, and in coordination with the City Clerk, according to the procedures established in Idaho Code section 50-907. Transitory records may be destroyed upon expiration of the designated retention period according to the procedure established by the custodial department. DESTRUCTION OF RECORDS The departments, the City Clerk, and the City Attorney's Office work together to accomplish final disposition of records according to the process set forth in Idaho Code section 50-907. The first step in the official record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney's Office. The City Attorney's Office prepares a resolution and submits it to City Council for approval to destroy the records. Depending on the records to be destroyed, the City Clerk may be required to notify the ISHS at least thirty(30) days prior to destruction. When all of the steps are complete, the City Clerk notifies the department that it may destroy the designated records. The department destroys the records within thirty(30) days of notification and returns proof of destruction to the City Clerk. EXCEPTIONS—RECORDS THAT CANNOT BE DESTROYED The process for destruction of all nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept beyond their designated retention period: ■ Records related to pending criminal or civil cases; ■ Records that are responsive to a pending public records request or subpoena; and ■ Records needed for any pending audit or investigation. DIGITIZING AND DESTROYING PAPER RECORDS A. Permanent Records. Pursuant to Idaho Code section 50-907(6)(e), where a department retains a permanent record in paper form and wishes to retain it in digital form instead, the department must follow this process: 1. The department scans or otherwise digitizes the paper records. The paper record is now a copy. The department must keep the paper copies until Clerk notifies per step 4(b), below (preferably storing the copy in a file folder or box labeled"Copies of permanent records—to be destroyed"). 2. The department makes a list of the paper copies to be destroyed, in the following format: 3 1 P a g e Record title from retention Record description from Year(s)of record whose schedule retention schedule paper copy will be destroyed 3. The department transmits the list to the City Clerk, on an annual basis, upon City Clerk's request. 4. Annually, the City Clerk transmits the compiled list to ISHS. a. If ISHS wants the paper copies: Clerk transmits list to City Attorney's Office, City Attorney's Office prepares City Council resolution, City Council approves transfer of copies to ISHS via resolution, City Clerk collects copies from the department and transmits them to ISHS. b. If ISHS does not want the paper copies: Clerk notifies the department that the paper copies may be destroyed. The department destroys paper copies. c. If 30 days go by with no response: Clerk notifies the department the paper copies may be destroyed. Department destroys paper copies. B. Semipermanent or Temporary Records. Pursuant to Idaho Code section 50- 907(6)(d), where a department retains a semipermanent or temporary record in paper form and wishes to retain it in digital form instead, the department must follow this process: 1. The department scans or otherwise digitizes the paper records. The paper record is now a copy. 2. The department destroys the paper copy. The digital copy is now the record, and must be retained for the retention period specified in the retention schedule. 4 1 P a g e CITY ATTORNEY'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Bankruptcy Records documenting notification Semipermanent Destroy records for Notices and Case to the city that certain individuals IC§50-907(2)(a,g) which Trustee Final Files have filed for bankruptcy, and used Report or an Order to determine if the individual owes Dismissing the Case money to the city and to file notice was entered on or or claim with the court. before December 319 Information may include: debtor's 2018 name, utility accounts information, prepared repayment plan and related documentation. Civil Case Files Records related to cases filed by Semipermanent Destroy records dated and against the City, including IC§50-907(2)(g) on or before December bankruptcy litigated claims and land 31, 2018 use judicial review/appeals . Includes complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records. Contracts Agreements with outside counsel, Semipermanent Destroy records dated investigators, representatives, and IC§50-907(2)(b) on or before December other parties approved by the City 31, 2018 Attorney. Departmental Reports prepared by the city Semipermanent Destroy records dated Reports attorney for the mayor and city IC§50-907(2)(e) on or before December council. 31, 2018 Forms and Forms and agreements prepared by Semipermanent Destroy records dated Agreements City Attorney's Office (e.g. consent IC§50-907(2)(g) on or before December forms, acknowledgement forms, 31, 2018 waiver agreements, liability agreements). Legal Opinions, Formal and informal opinions and Semipermanent Destroy records dated Memoranda memoranda rendered by the city IC§50-907(2)(g) on or before December attorney for the mayor, city council, 31, 2018 or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. 5 1 P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Privileged Records held in confidence by the Semipermanent Destroy records related Administrative City Attorney's Office regarding IC§50-907(2)(g) to employees separated Records confidential or privileged matters on or before December including personnel investigations, 31, 2018 settlements related to personnel matters. Settlement Settlement agreements and related Semipermanent Destroy records related Records documentation from civil cases, IC§50-907(2)(g) to settlements in which claims, mediation, and arbitration. all parties' obligations are fulfilled on or before December 31, 2018 Risk Management Claim Files Claims for damages filed by and Semipermanent Destroy records of against the city, including claims IC§50-907(2)(a,g) unlitigated claims dated caused by City employees/ on or before December equipment, including tort claims, 31, 2018 (See Civil Case property damage records, and Files for litigated related correspondence. claims) 6 1 P a g e CITY CLERK'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Records created or received in the course Semipermanent Destroy records of administering city policies,procedures dated on or before or programs,but these records do not December 31, 2018 provide insight into significant policy, procedure or program discussions or decisions. Operational Records Audio/Video Audio and video recordings of City Semipermanent Destroy records Recordings Council, Commission and Committee dated on or before Meetings. December 31, 2018 Contracts & Agreements with vendors and other Semipermanent Destroy records Agreements to parties for the acquisition, lease, lease- IC§50- dated on or before which the City is a purchase or sale of equipment, supplies, 907(2)(b) December 31, 2013 Party services or property, letters of credit, warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Permits & Licenses Records relating to city permits and Semipermanent Destroy records licenses issued in the City Clerk's Office. IC§50- dated on or before 907(2)(d) December 31, 2018 Public Records Written public records requests, city Temporary Destroy records in Requests denials of public records requests, which last action responses, etc. was taken December 31,2022 COMMISSIONS,* COMMITTEES,AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Audio Recordings Audio recordings of commission, Semipermanent Destroy records committee, or board meetings. IC§§50- dated on or before 907(2)(g) December 31, 2018 *Note: This schedule does not apply to City Council or Planning &Zoning Commission records, which are addressed in Clerk's Office Records Retention Schedule. 7 1 P a g e COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative-All Divisions Committee/Ad-Hoc Agendas and meeting minutes/notes for Temporary Destroy records Team Records special groups convened by Community dated on or Development for specific purposes such as before December understanding operational gaps, Code 31, 2021 issues, and process delays. Departmental records created or received in Temporary Destroy records the course of administering departmental dated on or policies, procedures, or programs, but these before December records do not provide insight into 31, 2018 significant policy,procedure,program, discussions, or decisions. Including,but not limited to: citizen response letters. Zoning Verification Documents, including, but not limited to: Semi- Destroy records Letter written requests for zoning analysis of a permanent dated on or specific parcel/property and the responsive before December departmental opinion. 31, 2013 -Building Division-Commercial and Government Buildings All building records All records regarding commercial and Semi- Destroy records regarding commercial government buildings dated before January permanent dated on or and government 2012. before December buildings dated before 31, 2018 January 2012 -Planning Division-Administrative Applications Sign: Planned Sign Documents, including, but not limited to Semi- Destroy records Program (No longer approved application, and sign requirements permanent dated on or issuing,but still have for a specific project. before December existing records) 31, 2018 8 1 P a g e FINANCE DEPARTMENT RECORD DESCRIPTION I CATEGORY RETENTION PERIOD Administrative—All(Administration,Arts & Culture, Billing, Budget, Controller, Purchasing) Records created or received in the Semipermanent Destroy records course of administering city policies, dated on or before procedures or programs, but these December 31, 2018 records do not provide insight into significant policy,procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Accounting Accounts Payable Records documenting payment of city Semipermanent Destroy records bills, including reports, invoices, check IC§50- dated on or before stubs,purchase orders, payment 907(2)(a) December 31, 2018 authorizations. Accounts Records documenting billing and Semipermanent Destroy records Receivable collection of monies owed to the city by IC§50- dated on or before vendors, citizens, organizations, 907(2)(a) December 31, 2018 governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Cash Receipts Receipt and supporting documentation. Semipermanent Destroy records IC§50- dated on or before 907(2)(a) December 31, 2018 Grant Records Records documenting the application, Semipermanent Destroy records of evaluation, awarding, administration, IC§50- grants closed out on reporting and status of grants applied 907(2)(g) or before December for, received, awarded or administered 31, 2013 by the city. Records include: applications and proposals, summaries, objectives, activities,budgets, exhibits, award notices,progress reports, contracts, financial reports, and related correspondence and documentation. Liens Liens held by the city and any Semipermanent Destroy records corresponding release of liens. Insert Code dated on or before December 31, 2018 Sales & Use Tax Used to report and remit sales tax Semipermanent Destroy records Forms collected and due to the state. IC§50- dated on or before 907(2)(a) December 31, 2018 Travel Records Records documenting requests, Semipermanent Destroy records authorizations, reimbursements, and IC§50- dated on or before other actions related to employee travel, 907(2)(a) December 31, 2018 9 1 P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD including expense reports and receipts, vouchers and related documents. Budget Financial Reports Reports documenting the financial Semipermanent Destroy records Quarterly condition and operation of the city, IC§50- dated on or before Published Reports include information on revenues 907(2)(a) December 31, 2013 and expenditures in relation to the final budget. Financial Reports Reports and data used to document the Semipermanent Destroy records Year End financial condition and operation of the IC§50- dated on or before city, sub ledgers related to, but not 907(2)(a) December 31, 2018 including the final Audit Report. Bank Transaction Records documenting the status and Semipermanent Destroy records Records transaction activity of city bank IC§50- dated on or before accounts, including account statements. 907(2)(a) December 31, 2018 Budget Records Records used in preparing and adopting Semipermanent Destroy records the city budget, including revenue IC§50- dated on or before projections, instructions, department 907(2)(a) December 31, 2013 requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Capital Asset Record of purchase, vendor invoice and Semipermanent Destroy records Records— related documents. IC§50- dated on or before Purchase 907(2)(a) December 31, 2018 Capital Asset Record of disposal, department request Semipermanent Destroy records Records—Disposal of disposal. IC§50- dated on or before 907(2)(a) December 31, 2018 Gift and Records documenting gifts and Semipermanent Destroy records Contribution contributions to the city. IC§50- dated on or before Records 907(2)(a) December 31, 2013 Chief Financial Officer Investment Reports, statements, summaries, Semipermanent Destroy records Records correspondence and other records IC§50- dated on or before documenting and tracking investments 907(2)(a) December 31, 2018 made by the city, including the Local Government Investment Pool. 101Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Controller Accounting Transaction records within the Semipermanent Destroy records Software Records Accounting Software system: including IC§50- dated on or before —payroll, vendor listing, vendor 907(2)(a) December 31, 2013 payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Bond Sales Monthly bond statements, payments of Semipermanent Destroy records of bonds bonds paid in full on or before December 31, 2018 Departmental Reports documenting the financial Semipermanent Destroy records Reports condition and operation of the city, IC§50- dated on or before issued on a monthly, quarterly, annual or 907(2)(e) December 31, 2013 other basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. General Ledgers Records documenting the summary of Semipermanent Destroy records accounts reflecting the financial position IC§50- dated on or before of the city, showing debit, credit and 907(2)(a) December 31, 2013 balance amounts per account,budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Journal Entries Records including detailed reports and Semipermanent Destroy records back up documentation for journal IC§50- dated on or before entries. 907(2)(a) December 31, 2018 Payroll Administrative Reports, statistical studies, and other Semipermanent Destroy records Reports records designed and used for budget IC§50- dated on or before preparation, projections, workload and 907(2)(a) December 31, 2013 personnel management, and research and general reference. Deduction Records documenting employee Semipermanent Destroy records Authorization authorization for voluntary payroll IC§50- related to employees Records deductions. Records may include: direct 907(2)(a) separated on or bank deposits, insurance applications, before December enrollment cards, deduction 31, 2018 authorizations, approval notices, 111 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD deduction terminations, and related records. Federal& State Records, in addition to those itemized in Semipermanent Destroy records Tax Records this section, used to report the collection, IC§50- dated on or before distribution, deposit, and transmittal of 907(2)(a) December 31, 2018 federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement(1099), employers' quarterly federal tax return(941, 941E), tax deposit coupon(8109), and similar federal and state completed forms. Garnishment Records documenting requests and court Semipermanent Destroy records Record orders to withhold wages from employee IC§50- related to employees earnings for garnishments, tax levies, 907(2)(a) separated on or support payments, and other reasons. before December Usually includes original writs of 3192018 garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Registers Year Payroll Registers: Registers or records Semipermanent Destroy records End serving the same function of IC§50- dated on or before documenting the earnings, voluntary and 907(2)(a) December 31, 2018 required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Time Records Records documenting hours worked, Semipermanent Destroy records leave hours accrued, and leave hours IC§50- related to employees taken by city employees. Information 907(2)(a) separated on or usually includes: employee name and before December employee number, hours worked, type 31, 2018 and number of leave hours taken, total hours, dates and related data. 121Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD W2s Annual statements documenting Semipermanent Destroy records individual employee earnings and IC§50- dated on or before withholdings for state and federal 907(2)(a) December 31, 2018 income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. W4s Certificates documenting the exemption Semipermanent Destroy records status of individual city employees, also IC§50- related to employees known as W-4 forms. Information 907(2)(a) separated on or includes: employee name and address, before December social security number, designation of 31, 2018 exemption status, and signature. PERSI Records Records relating to PERSI, including Semipermanent Destroy records Employer Remittance Forms, invoices, IC§50- dated on or before correspondence, financial adjustments, 907(2)(a) December 31, 2018 etc. Unemployment Records documenting employee Semipermanent Destroy records Reports earnings on a quarterly basis. Used to IC§50- dated on or before document costs and charges in the event 907(2)(a) December 31, 2018 of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Purchasing Contracts Agreements with vendors and other Semipermanent Destroy records parties either in hard copies or contained IC§50- related to contracts on the Contract Management Database 907(2)(b) completed on or for the acquisition or sale of equipment, before December supplies, services or property, also 31, 2013 includes insurance certificates,payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Lease Agreements Lease agreements for property or Semipermanent Destroy records equipment. IC§50- dated on or before 907(2)(b) December 31, 2018 Purchase Orders Requests and purchase orders for goods Semipermanent Destroy records or services purchased by the city. IC§50- dated on or before Information includes: department, 907(2)(a) December 31, 2013 delivery location, date, quantity, description,unit and total price, and authorizing signatures. 131Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Purchasing Records documenting competitive Semipermanent Destroy records Selection bidding and purchase of goods, services, IC§50- related to bids and public works construction, and 907(2)(a) awarded on or procurement of design professionals. before December Records include: published notices and 3192013 solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Utility Billing Adjustment Records documenting adjustments to Semipermanent Destroy records Registers customer water, sewer, garbage or other IC§50- dated on or before city-provided service billings for debits, 907(2)(a) December 31, 2018 credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment,justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Billing Directive Application completed by owner or Semipermanent Destroy records property manager to initiate Third Party IC§50- dated on or before billing for specified utility account. 907(2)(a) December 31, 2018 Information included: owner, property manager, tenant, move-in date, and service address. Billing/Payment Records documenting transactions on Semipermanent Destroy records Registers the water, sewer, garbage or other city- IC§50- dated on or before provided service account of each 907(2)(a) December 31, 2018 customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage,utility charges, payments, adjustments and related data. (records held within the billing software). Change Record Records documenting routine Semipermanent Destroy records information changes to customer IC§50- dated on or before accounts, including name and address. 907(2)(a) December 31, 2018 (Records held within the billing software). Customer File General correspondence and forms Semipermanent Destroy records related to a specific utility account. This IC§50- dated on or before information would be in addition to that 907(2)(a) December 31, 2018 found within the billing software. Documents in file may include and are not limited to: general letters,payment 141Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Disconnect Notice Notice to City Council to verify that no Semipermanent Destroy records to City Council customer currently slated for shut off IC§50- dated on or before due to non-payment has requested a 907(2)(a) December 3192018 hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Disconnect Record Records documenting a customer's Semipermanent Destroy records request for disconnection of water, IC§50- dated on or before sewer, garbage or other city-provided 907(2)(a) December 31, 2018 services. (Records held within the billing software). Meter Readings Document the readings of customer Semipermanent Destroy records water meters for billing purposes. IC§50- dated on or before Information typically includes: meter 907(2)(a) December 31, 2018 reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) Renter Supplemental document completed by Semipermanent Destroy records Addendums the tenant to accept the third party IC§50- dated on or before billing for specified utility account. 907(2)(a) December 31, 2018 Information included: tenants name, service address, mailing address and phone number. Security Deposit Records documenting customer payment Semipermanent Destroy records Records of a security deposit to receive IC§50- dated on or before temporary dumpster services. 907(2)(a) December 31, 2018 Information usually includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Shut Off Turn On Electronic spreadsheet used during shut Semipermanent Destroy records off day by water department field staff IC§50- dated on or before and MUBS. Tracks customers that are 907(2)(a) December 31, 2018 to be shut off,payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. 151Page FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Car Seat Car seat inspection forms. Semipermanent Destroy records Inspections dated on or before December 31, 2013 General administrative correspondence, Semipermanent Destroy records including records created or received in the dated on or before course of administering city December 31, 2018 policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Equipment and Records relating to equipment and vehicles Semipermanent Destroy records of Vehicle Test, owned and serviced by the City documenting vehicles disposed on Maintenance & maintenance and repairs of equipment, or before December Repair Records vehicles and other assets with a useful life 31, 2018 (if no generally more than five years. Includes the ongoing following: fire hose records (such as test date, administrative need date previously tested, apparatus number, for such records) station number, hose diameter, conditions found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA's (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory,performance test records, repair records, parts used and service reports. Per NFPA Standards 1901, 1961, 1852 and 1500. Inspection Documents relating to fire code inspections Semipermanent Destroy records records performed by the department, including dated on or before inspections of home daycares and foster care December 31, 2003 homes, commercial buildings, and subdivisions. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists, Tier II reports, and related documents. Buildings & Fire inspection records relating to buildings Temporary Destroy records of Subdivisions— and subdivisions that have been demolished buildings and Demolished or or are otherwise no longer in existence (never subdivisions last No Longer in constructed). inspected on or Existence (never before December 31, constructed) 2020 161 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Meeting Final, approved Officer and Command Staff Semipermanent Destroy records Minutes meeting minutes. dated on or before December 31, 2018 Narcotics Narcotic inventory and usage- hard copy, Temporary Destroy records Inventory& narcotics distributed to the engine companies. dated on or before Usage December 31, 2020 Public Records related to the design and Semipermanent Destroy records Education implementation of educational and other dated on or before Programs & outreach programs provided to the public by December 31, 2018 Publications the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Public Record Public records requests and responses. Temporary Destroy records of Requests PRRs for which last action is dated on or before December 31, 2018 Ride-Along Signed waivers for persons requesting a ride- Destroy records Forms along with the department. Ride Along Temporary dated on or before tracking records. December 31, 2021 Structure Burn Records related to structure burns. Semipermanent Destroy records Training dated on or before Records December 31, 2013 171Page HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Affirmative Records documenting city compliance with Semipermanent Destroy records Action; Equal the Civil Rights Act of 1964, the Equal IC§50-90 7(2)(g); related to requests Employment Employment Opportunity Act of 1972 and 29 CFR or actions taken on Opportunity the Americans with Disabilities Act. 1602,1602.14, or before Commission Records include: plans, policy statements, 1620.32 December 31, 2018 Reports reports, investigations, case files and related information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission(EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Benefits Records documenting notice to employees, Semipermanent Destroy records Continuation spouses and dependents informing them of IC§50-90 7(2)(g); dated on or before their rights to continue insurance coverage 29 CFR 1627.3 December 31, 2016 after termination or disability or family after employee leave and whether coverage was elected or separation, rejected. Continuation may be under expiration of COBRA or another provision. Notice is also eligibility, or sent to a third party administrator who completion of administers the extended coverage. Records litigation, may be filed with the Employee Benefits whichever is Records or Employee Personnel Records. longest Budget Prep Working documents utilized to build base Semipermanent Destroy records Records budgets and establish yearly budgets; dated on or before worksheets, enhancements, amendments, December 31, 2013 etc. Collective Records documenting negotiations between Temporary Destroy records Bargaining the city and employee representatives, IC§50-90 7(3)(d); dated on or before including contracts, reports, negotiation 29 CFR 516.5 December 31, 2020 notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Committee Agendas and meeting minutes/notes for Semipermanent Destroy records Records special groups convened by HR for specific dated on or before purposes such as Benefits, Compensation, December 31, 2016 and Wellness. Correspondence, Correspondence created or received in the Semipermanent Destroy records Administrative course of administering City policies and dated on or before programs. December 31, 2018 18 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Department HR guidelines, including but not limited to, Semipermanent Destroy records Guidelines, Salary Administration Guidelines. dated on or before Policies, December 31, 2013 Procedures, from date guideline Processes, and in its entirety, or Reports any part thereof, is officially replaced, updated City Standard Operating Policy/Procedure Semipermanent Destroy replaced/ Manual. updated SOP Manual versions dated on or before December 31,2003 Records documenting and relating to HR Semipermanent Destroy records processes, including but not limited to, related to replaced/ recruiting/interviewing processes. updated HR processes dated on or before December 31, 2018 Policies, reports, and documents regarding Semipermanent Destroy records the internal department operations and dated on or before procedures (e.g. Turnover, Recruiting December 31, 2013 reports, etc.). HR reports regarding department Semipermanent Destroy records performance or other management dated on or before presentations. Includes reports documenting December 31, 2013 trends, department or City performance in key areas as determined. Employee Benefits Records relating to city employee benefits Semipermanent Destroy records information such as: selection of insurance IC§§50-907(2)(g) related to plans, retirement,pension, and disability and 45-610; 29 employees who plans, deferred compensation plans, and CFR 1627.3; 29 have separated, other benefit information. Records may CFR 1602.31; whose benefit include but are not limited to: plan selection IDAPA eligibility has and application forms, enrollment records, 09.01.35.081 expired, and who contribution and deduction summaries, have completed personal data records, authorizations, any related beneficiary information, notices of litigation on or disability payment made, and related before December documentation. 31, 2016 191Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Employee Medical Document an individual employee's Semipermanent Destroy records Records medical history. These records are not IC§§50-907(2)(g) related to personnel records and must be kept in a and 72-601; 29 employees who separate location from employee personnel CFR 1602.31; 29 have separated, records as required by the Americans with CFR 1910.1020 whose benefit Disabilities Act. Records may include,but eligibility has are not limited to: medical exam records expired, and who (pre-employment,pre-assignment,periodic have completed or episodic), X-rays, and records of any related significant health or disability limitations. litigation on or before December 31, 1948 Employee Document of employee's work history. Semipermanent Destroy records Personnel Records Original employee personnel records are IC§§50-907(2)(g) related to kept by Human Resources Department and 45-610; 29 employees who unless otherwise specified. Records may CFR 1627.3; 29 have separated, include, but are not limited to: employment CFR 1602.31; whose benefit applications, notices of appointment, IDAPA eligibility has training and certification records, records of 09.01.35.081 expired, and who health limitations, drug testing, salary have completed schedules, personal actions,performance any related evaluations, awards and other special litigation on or recognition, letters of recommendation, before December investigation information, disciplinary 31, 2018 action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Notes: (1)Meridian Police Department employee personnel records including original Internal Affairs files and training materials are kept by the Police Department according to the Police Department Records Retention Schedule. Upon employee separation, these records shall be forwarded to Human Resources Department. All other Police Department current employee original personnel records are kept by the Human Resources Department. 20 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD (2)Meridian Fire Department employee personnel records including original training records and original records related to Union promotions are kept by the Fire Department. Upon employee separation these records shall be forwarded to Human Resources Department. All other Fire Department current employee original personnel records including ICRMP and BEST training records and Union member promotion applications and PAR forms documenting a promotion are kept by Human Resources Department. Employment Document to the U.S. Immigration and Temporary Destroy records Verification Naturalization Service that an applicant or IC§5 0-90 7(3)(d), related to (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § employees hired on Applicants Information includes: employee information 1324a(b)(3) or before and verification data such as citizenship or (Immigration December 31, 2020 alien status and signature, employer review Reform and and verification data such as documents, Control Act) Destroy records which establish identity and eligibility, and related to employer's signature certifying that applicants not documents were checked. This category hired dated on or includes forms completed for all new hires, before December as superseded or previous forms completed 31, 2022 on rehires. Hazard Exposure Emergency response employees exhibiting Semipermanent Destroy records Records signs or symptoms possibly resulting from IC§50-90 7(2)(g); related to exposure to hazardous substances are 29 CFR 1910.1020 employees who required to be provided medical have separated, examination and consultation. Records whose benefit include: employee's name and social eligibility has security number; physician's written expired, and who opinion, recommended limitations; results have completed of examinations and tests; employee any related medical complaints related to hazardous litigation on or substance exposure; description of before December employee's duties as they relate to 31, 1993 exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. 211 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Insurance Records documenting plan descriptions and Semipermanent Destroy records Policies/Plans: summaries of city insurance policies and dated on or before Employee Group plans covering employee group health and December 31, 2013 Health and Life life benefits, including annual certification Benefits records. Kinds and Levels Records documenting the description, Temporary Destroy records Chart, General classification and compensation of city jobs IC§50-90 7(3)(d); dated on or before Employee or and positions. Usually includes details of 29 CFR Part 1602 December 31, 2020 Police Step Plan duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Leave Applications or requests submitted by city Temporary Destroy records Applications employees for compensatory, family and IC§50-907(3)(d) dated on or before medical leave, long term leave and other December 31, 2020 leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Personnel Action Completed employee forms submitted to Semipermanent Destroy records (PAR) Forms HR upon initial hire,pay increase or IC§50-90 7(2)(g); related to decrease, change of address, or change of 29 CFR Part 1602 employees who supervisor. and 29 CFR have separated, 1627.3 whose benefit eligibility has expired, and who have completed any related litigation on or before December 31, 2018 Position Records documenting the description, Temporary Destroy records Descriptions classification and compensation of city jobs IC§50-90 7(3)(d); dated on or before and positions. Usually includes details of 29 CFR Part 1602 December 31, 2020 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Presentations Formal departmental presentations to Semipermanent Destroy records Council, other formal bodies. dated on or before December 31, 2018 221Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Recruitment and Documents regarding the recruitment and Temporary Destroy records Selection Records selection of city employees and contracted IC§50-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2021 are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes,position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Police Department employee Temporary Destroy records original background investigation records related to are kept by the Police Department. Upon employees who employee separation these original records separated on or shall be forwarded to the Human Resources before December Department for proper disposition. 31, 2021 Meridian Fire Department Union original Temporary Destroy records recruitment records including National dated on or before Testing Network testing, application, and December 31,2021 interview notes, for applicants who are hired, are kept by the Fire Department until the expiration of the retention period at which time they shall be properly destroyed by the Fire Department. 231Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Recruitment and Documents regarding the recruitment and Temporary Destroy records Selection Records selection of city employees and contracted IC§50-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2021 are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes,position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Fire Department Union original Temporary Destroy records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2021 interview notes, for applicants who are not hired, are kept by the Fire Department until the expiration of the retention period at which time, they shall be properly destroyed by the Fire Department Special Projects Documents related to special, one-time Semipermanent Destroy records projects to include, but not limited to, dated on or before Employee Satisfaction Survey, Policy December 31, 2013 Review/Revision, Salary Structure Review. Surveys HR and other initiated internal surveys, Semipermanent Destroy records survey results (e.g. Salary Surveys, dated on or before Employee Satisfactions Surveys, Best Place December 31, 2013 to Work. Etc.). Training Records related to the design and Semipermanent Destroy records Programs/HR implementation of training programs IC§50-907(2)(g) dated on or before provided to employees by the City. December 31, 2018 Documents may include course from final descriptions, instructor certifications, presentation instructional materials, course outlines, and/or use class enrollment and attendance records, tests, test results, and related records. 241Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Training/Travel Records documenting attendance and Semipermanent Destroy records Records presentation by HR employees at dated on or before conventions, conferences, seminars, December 31, 2018 workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Payroll Records documenting claims submitted by Temporary Destroy records Unemployment former city employees for unemployment IC§50-907(3)(d) dated on or before Claims compensation. Usually includes: claims, December 31, 2018 notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Wellness Program Records related to the management and administration of the Wellness Program including: • Wellness Challenges - Semipermanent Destroy records Correspondence and other Challenge dated on or before documentation. December 31, 2018 • Wellness Committee Meeting Semipermanent Destroy records Agendas and Minutes dated on or before December 31,2016 • Wellness Day Off—Incentive Semipermanent Destroy records Verification Forms for Day Off dated on or before Requests December 31, 1948 (retained in accordance with Employee Benefit records retention period) Workers' Medical records related to job assignments Semipermanent Destroy records Compensation that document work-related injuries and dated on or before Records and illnesses, including but not limited to, December 31, 1993 Claims hearing test records, hazard exposure after employment records, first- aid incident records, separation physician statements, release consent forms and related correspondence, and records documenting claims submitted by city employees for work-related injuries and illnesses. These records are kept separate from employee personnel files. 251Page INFORMATION TECHNOLOGY(I.T.)DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Correspondence Records created or received in the course of Semipermanent Destroy administering city policies, procedures or records dated programs, but these records do not provide on or before insight into significant policy, procedure or December 31, program discussions or decisions. 2018 Operational Records Service All customer support tickets opened in Semipermanent Destroy Management Tool service management systems. IC§50-907(2)(g) records dated (other) on or before December 31, 2013 Department Policies, reports, and documents regarding Semipermanent Destroy Policies and internal department operations and IC§50-907(2)€ records dated Reports procedures, e.g. computer usage policy, (dept. report) on or before password policy, service level goals, December 31, training materials, evaluations of materials. 2018 Outlook E-mail All e-mail messages, sent or received by Semipermanent Destroy Messages—City City staff using City's e-mail system. (E- IC§50-907(2)(g) records dated Staff mail messages may be preserved elsewhere (other) on or before in digital or paper format for longer periods December 31, of time as the subject matter of such 2018 messages may require.) 26 Page MAYOR'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Correspondence created or received in Semipermanent Destroy records the course of administering city dated on or policies/programs, but these records do before December not provide insight into significant 31, 2018 policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Economic Develo ment - Community Development Block Grant (CDBG) Subrecipient Documents, including,but not limited Semi-permanent Destroy records Agreements and to agreements, Consolidated Annual related to Supporting Performance Evaluation Report CAPER Documents (CAPER), sub-recipient agreements, completed on or environmental review records, PSAs before program (and corresponding products), sub- year ending on or recipient reporting documents (activity before December reports, draw requests, labor files), etc. 31, 2018 Operational Recordgjr Agendas & Agendas and minutes of Director Semipermanent Destroy records Minutes Meetings, Operational Meetings, dated on or Mayor's Youth Advisory Council, before December Mayor's Senior Advisory Board, and 31, 2018 Faith Ambassador Council Meetings. Applications Forms and materials submitted with Semipermanent Destroy records application for positions or awards dated on or administered by Mayor's Office, before December including applications for scholarships, 31, 2018 Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Mayoral Mayoral memos regarding Semipermanent Destroy records Memorandums proclamations, meetings, or events. dated on or before December 31, 2018 News Releases A written or recorded record directed at Semipermanent Destroy records members of the news media for the dated on or purpose of making a newsworthy before December announcement. 31, 2013 271Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Proclamations Proclamations issued by the Mayor not Semipermanent Destroy records read at City Council meetings. dated on or before December 31, 2018 Publications Informational or promotional Semipermanent Destroy records publications of the Mayor's office, dated on or including newsletters, flyers, marketing before December materials, brochures, program 3192018 materials. Public Addresses Published records relating addresses, Semipermanent Destroy records speeches or podcasts. May include dated on or script, video, PowerPoint,program, before December agenda, photos. 31, 2018 Special Projects Documents related to special or one- Semipermanent Destroy records time projects. dated on or before December 31, 2013 28 1 Page PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas & Minutes— Agendas and minutes of monthly Semipermanent Destroy Staff Meetings MPR all-staff meetings. IC§50-907(2)(g) records dated on or before December 31, 2018 Agreements and Agreements signed by City staff Temporary Destroy Contracts (not by Council). IC§50-907(3)(d) agreements expired or terminated on or before December 31, 2021 Camp Registration Records regarding camp Semipermanent Destroy Records registration. IC§50-907(2)(g) records dated on or before December 31, 1998 Concessionaires' Central District Health food safety Temporary Destroy Health Department certifications and permits IC§50-907(3)(d) records dated Records submitted by concessionaire. on or before December 31, 2021 Correspondence Correspondence created or Semipermanent Destroy received in the course of IC§50-907(2)(g) records dated administering City policies, on or before procedures or programs including December 31, but not limited to memos, 2018 transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence. Committee Records Agendas, meeting minutes/notes, Semipermanent Destroy and audio recordings of ad hoc IC§50-907(2)(g) records dated groups convened by Parks & on or before Recreation for specific purposes December 31, (e.g., Christmas in Meridian). 2018 Employee files Certifications, disciplinary reports, Semipermanent Transfer to performance evaluations, IC§50-907(2)(g) HR: records comment cards, complaints, dated on or kudos, awards, etc. regarding before employees and lifeguards. December 31, 2018 291Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD External Guidelines, Director's orders and policies Temporary Destroy Policies,Director's pertaining to external customers, IC§50-907(3)(d) records dated Orders facilities, recreation classes, on or before camps, special events, and sports December 31, (e.g., Lost& Found, Metal 2021 Detecting, Recreational Instructor Policy, Registrations &Refunds, Sports League Bylaws, Partnerships Between Private or Public Entities, Hot Air Balloons). Employee Time Logs Completed logs of employees' Semipermanent Destroy and Reports timesheets, tasks, and location; IC§50-907(2)(g) records dated reports and analysis of related on or before data. December 31, 2018 Facility Improvement Plans and specifications related to Semipermanent Destroy Plans remodel and improvement of MPR IC§50-907(2)(c) records dated buildings and facilities. on or before December 31, 2013 Facility Reservations Materials related to reservation of Semipermanent Destroy facilities and equipment(e.g., IC§50-907(2)(g) records dated shelters; tennis, pickleball, and on or before basketball courts; multiuse and December 31, baseball/ softball fields; comhole 1998 boards). Financial Aid Completed application forms and Temporary Destroy Applications materials submitted to request IC§50-907(3)(d) records dated financial assistance for children's on or before class or program(e.g., Care December 31, Enough to Share). 2021 Grounds Pesticide spray records, Temporary Destroy Maintenance Records playground inspection records. IC§50-907(3)(d) records dated IDAPA on or before 02.03.03.100.05 December 31, 2020 Homecourt Records regarding Homecourt Temporary Destroy Membership Records membership registration, IC§50-907(3)(d) records dated including, e.g., waiver, financial on or before information, daily sign-in logs. December 31, 2021 301Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Incident or Accident Records regarding incidents, Temporary Destroy Reports injuries, accidents, rescues, or IC§50-907(3)(d) records dated other staff actions, incurred during on or before or related to a department- December 31, sponsored or department-provided 2021 class, camp, program, reservation, or activity. Memorial Forms Completed citizen forms Semipermanent Destroy requesting memorial in MPR IC§50-907(2)(g) records dated facility under established on or before memorial program(e.g. December 31, Generations Plaza Brick Sales 1948 form, Kleiner Park Memorial Tree Plaza Paver Sales, Memorial Tree Program form). Meeting Records and Agendas and minutes of monthly Semipermanent Destroy Notes MPR all-staff meetings. IC§50-907(2)(g) records dated on or before December 31, 2018 Permits Materials related to permit Semipermanent Destroy applications and permits issued by IC§50-907(2)(g) records dated MPR(e.g., amplified sound on or before permits, short-term concession December 31, permits). 2018 Recreation Class/ Materials related to registration for Semipermanent Destroy Activity Registration a recreation class or activity. IC§50-907(2)(g) records dated on or before December 31, 1998 Special Event Records related to MPR-sponsored Semipermanent Destroy Records special events, including vendor IC§50-907(2)(g) records dated and sponsor contracts and entries, on or before Trunk or Treat trunk entries, December 31, parade float entries. 1948 Payment Materials related to customer Semipermanent Destroy Records payment for MPR services e.g., IC§50-907(2)(g) records dated special event applications, on or before vendors, sponsors, registration, December 31, permit applications, memorials, 1998 sports league registration, recreation class registration, camp registration, swim lessons. Sports Schedules and Records of games played and final Semipermanent Destroy Scores scores. IC§50-907(2)(g) records for _ which 311 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD administrative need has ended Surveys Internal and external outreach Semipermanent Destroy surveys and results. IC§50-907(2)(g) records dated on or before December 31, 2013 Team Rosters and Record of all individuals Temporary Destroy Registration Forms registered for a sports team. IC§50-907(3)(d) records dated on or before December 31, 2021 Time Capsule Records regarding location and Temporary Destroy Content Information contents of time capsules that have IC§50-907(3)(d) records related not been opened. to time capsule opened on or before December 31, 2021 Tree Abatement Case Records related to nuisance tree Temporary Destroy Files abatement as ordered by City IC§50-907(3)(d) records dated Arborist. on or before December 31, 2021 Lakeview Golf Course Golf Cart Records regarding maintenance of Temporary Destroy Maintenance Records golf carts. IC§50-907(3)(d) records dated on or before December 31, 2021 Golf Course Annual Records related to annual pass Temporary Destroy Passes registration and issuance, IC§50-907(3)(d) records dated including, e.g., waiver, contact on or before and financial information. December 31, 2021 Golf Course Pesticide, herbicide, and fertilizer Temporary Destroy Fertilizer and spray records. IC§50-907(3)(d) records dated Pesticide Records IDAPA on or before 02.03.03.100.05 December 31, 2020 321Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Golf Course Payment Materials related to customer Semipermanent Destroy Records accounts and payments for LGC IC§50-907(2)(g) records dated goods and services. on or before December 31, 1998 Tournament Tournament application form and Temporary Destroy Applications related materials, including IC§50-907(3)(d) records dated waiver,proof of insurance, etc. on or before December 31, 2021 Community Swimming Pool Chemical Test Logs Records of water chemical level Temporary Destroy testing performed by pool staff. IC§50-907(3)(d) records dated on or before December 31, 2021 Chemical Test Records of automatic chemical Semipermanent Destroy reports tests performed by chemical IC§50-907(2)(g) records dated automation system and emailed to on or before MPR staff. December 31, 2018 Swim Team Waiver Completed waivers submitted by Temporary Destroy Forms individual swim team members. IC§50-907(3)(d) records dated on or before December 31, 2021 Pool Operation License(s)to operate pool issued Temporary Destroy License by Central District Health. IC§50-907(3)(d) records dated on or before December 31, 2021 Lifeguard Schedules Lifeguard schedule and Semipermanent Destroy and Timesheets timesheets, contact information. IC§50-907(2)(g) records dated on or before December 31, 1998 Arts and Culture Coordinator Initial Point Gallery Records regarding applicants not Temporary Destroy Records selected for exhibition of work in IC§50-907(3)(d) records dated IPG. on or before December 31, 2021 Permission forms allowing display Temporary Destroy of work by minor artists in IPG. IC§50-907(3)(d) records dated 331Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD on or before December 31, 2021 IPG visitor sign-in sheets. Temporary Destroy IC§50-907(3)(d) records dated on or before December 31, 2021 341Page POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity reports Daily, weekly, monthly or other Semipermanent Destroy records reports documenting the activities of Idaho Code§ dated on or before employees, including: type of activity, 50-907(2)(e) December 31, 2018 employees involved, time spent on activity, work completed, equipment used, etc. May include Education& Prevention Training reports. Code enforcement Records created by code enforcement Semi- Destroy records Incident Notes" officers to document a violation or permanent dated on or before investigation into a suspected December 31, 1948 2012-2019 violation of city ordinance in Accella. Idaho Code§ 50-907(2)(g) Code Enforcement Records created by code enforcement Semi- Destroy records Incident Notes" officers to document a violation or permanent dated on or before investigation into a suspected December 31, 2018 2020—Present violation of city ordinance that do not Idaho Code) become a DR in case management 50-907(2)(g) module of ITS. Crime analysis Records documenting police efforts to Semipermanent Destroy records statistics anticipate, prevent, or monitor IC§50- dated on or before criminal activity. May include 907(2)(g) December 31, 2018 statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Crime reports Reports documenting a suicide, Semipermanent Destroy records of (DRs) for Suicides, unattended death and/or criminal IC§50- prosecuted cases Unattended Deaths, offense and actions taken, including 907(2)(e) where final and Major Crimes charges or arrests. Record typically disposition was includes location of occurrence, date complete on or (Including and time, handling officer, involved before December 31, Homicide Offenses, parties (suspects, victims, witnesses, 1923 Human reporting parties, etc.) and their Trafficking, personal information, summary of Destroy records of Kidnapping/Abduc events and supportive documents (e.g., non-prosecuted cases tion, Sex Offenses, probable cause statements, witness where last and Terrorism) statements, runaway forms, release of investigative action custody forms (juveniles), documents was on or before provided by citizens and victims, December 31, 1923 citations,property invoices, release of property forms, etc.). May include polygraph records (e.g.,pre- examination records, questions, statements of consent, analysis 351Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD reports, results charts, conclusions, interviewee statements, related information);property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs, property reports, destruction lists,property consignment sheets, seized firearm logs, homicide evidence inventories, etc.); and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Crime Reports Reports documenting a felony offense Semipermanent Destroy records (DRs) for Group A and actions taken, including charges IC§50- related to prosecuted Felony Offenses or arrests. Record typically includes 907(2)(g) cases where final location of occurrence, date and time, disposition is dated (Including Animal handling officer, involved parties on or before Cruelty,Arson, (suspects, victims,witnesses, December 31, 2013 Assault Offenses, reporting parties, etc.) and their Bribery, personal information, summary of Destroy records Burglary/Breaking events and supportive documents (e.g., related to non- & Entering, probable cause statements, witness prosecuted cases Commerce statements, tow slips, administrative where last Violations, license suspension forms, intoxilyzer investigative action Counterfeiting/For slips,field sobriety tests forms, is on or before gery, runaway forms, release of custody December 31, 2013 Destruction/Damag forms (juveniles), criminal e/Vandalism of background information Property, (ILETS/Triple III,Ada LE Lookup, Drug/Narcotic ISTARS, JDOC), documents Offenses, provided by citizens and victims, Embezzlement, citations,property invoices, release of Espionage, property forms,Leads Online Extortion/Blackmai printouts, shoplifting reports from 1,Fraud Offenses, store security officers, etc.). May Fugitive Offenses, include polygraph records (pre- Gambling, examination records, questions, Immigration statements of consent, analysis Violations, reports, results charts, conclusions, Larceny/Theft interviewee statements, related Offenses, Motor information), abandoned vehicle Vehicle Theft, reports,found property records, Pornography/Obsc traffic collision reports,property and ene Material, evidence control and disposition Prostitution 36 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Offenses, Robbery, records (e.g., evidence photographs, Stolen Property receipt forms, evidence logs,property Offenses, Treason, reports, destruction lists,property and Weapon Law consignment sheets, seized firearm Violations) logs, homicide evidence inventories, etc.), and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Crime reports Reports documenting a criminal Semipermanent Destroy records (DRs) for Group A offense and actions taken, including IC related to prosecuted Misdemeanor charges or arrests. Record typically SO- cases where final Offenses and includes location of occurrence, date 907(2)(g) disposition is dated Group B Offenses and time, handling officer, involved on or before parties (suspects, victims,witnesses, December 31, 2018 (Including Bad reporting parties, etc.) and their Checks, Bond personal information, summary of Destroy records Default, events and supportive documents (e.g., related to non- Curfew/Loitering/V probable cause statements, witness prosecuted cases agrancy Violations, statements, tow slips, administrative where last Disorderly license suspension forms, intoxilyzer investigative action Conduct, Driving slips,field sobriety tests forms, is on or before Under the runaway forms, release of custody December 31, 2018 Influence, forms (juveniles), criminal Drunkenness, background information Family Offenses (ILETS/Triple III,Ada LE Lookup, Nonviolent, Federal ISTARS, JDOC), documents Resource Violation, provided by citizens and victims, Liquor Law citations,property invoices, release of Violations,Peeping property forms,Leads Online Tom, Perjury, printouts, shoplifting reports from Trespass of Real store security officers, etc.). May Property,All Other include polygraph records (pre- Offenses) examination records, questions, Code enforcement statements of consent, analysis offences (eg. UDC, reports, results charts, conclusions, nuisance, parking, interviewee statements, related vehicle impound) information), abandoned vehicle reports,found property records, traffic collision reports,property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs,property reports, destruction lists,property consignment sheets, seized firearm 37 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD logs, homicide evidence inventories, etc.), and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Citations Police department copy of citations Temporary Destroy records (Misdemeanor and issued for traffic violations not dated on or before Infraction) for associated with a crime report. Record IC§50- December 31, 2021 Other Crimes typically includes date and time, 907(3)(d) location of offense, vehicle license plate information, code violation number, and issuing officer. Digital media— Digital media attached to a crime Semipermanent Destroy records Type 1 (Associated report for a major crime. Includes IC§50- related to prosecuted with Major Crimes video, audio, or other digital content 907(2)(g) cases where final Reports, created by a law enforcement officer disposition is dated Unattended Deaths, in the course of an investigation or on or before and Suicides) response and attached to a crime December 31, 1923 report for Major crimes including Homicide Offenses, Human Destroy records Trafficking, Kidnapping/Abduction, related to non- Sex Offenses, and Terrorism prosecuted cases where last investigative action is on or before December 31, 1923 Digital media— Digital media attached to a crime Semipermanent Group A Cases: Type 2 (Associated report other than a major crime. IC§50- with Group A and Includes video, audio, or other digital 907(2)(g) Destroy records B Reports) content created by a law enforcement related to prosecuted officer in the course of an cases where final investigation or response and attached disposition is dated to a crime report for a crime other than on or before a major crime. December 31, 2013 Destroy records related to non- prosecuted cases where last investigative action is on or before December 31, 2013 38 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Group B Cases: Destroy records related to prosecuted cases where final disposition is dated on or before December 31, 2018 Destroy records related to non- prosecuted cases where last investigative action is on or before December 31, 2018 Digital media— Digital media related to an officer Temporary Destroy records Type 5* complaint. Includes video, audio, or IC§50- dated on or before other digital content created by a law 907(3)(d) December 31, 2021 enforcement officer in the course of an investigation or response relevant to a complaint about such response or officer. *Where record is embedded with a crime report (DR), it shall be retained according to the retention period established for the crime report. Field interview An informational document written by Semipermanent Destroy records reports (FI cards) police officers relating to individuals, IC§50- dated on or before events, or vehicles for which the 907(2)(g) December 31, 2018 officer does not have probable cause for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time, reason for contact, etc. Grant records Applications and required reporting Semipermanent Destroy records of documents for grants to support law Idaho Code § grants closed out on enforcement initiatives and 50-907(2)(g) or before December programming (e.g., crime prevention, 31, 2013 substance abuse programs, criminal justice, SWAT). Health & Welfare Referrals of suspected child abuse, Semipermanent Destroy records Referrals adult abuse and daycare complaints. IC§50- related to cases APS & Daycare 907(2)(g closed or referred on complaints 391Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD or before December 31,2018 Internal affairs files Records documenting department's Semipermanent Destroy records investigation of an officer's role in an IC§§50- related to employees incident for the purpose of evaluating 907(2)(g) and who have separated compliance with department policy 45-610; 29 CFR and completed any and professional standards. Records 1627.3; 29 CFR related litigation on typically include investigative 1602.31 or before December materials (video and audio recordings, 31, 1948 written statements, narratives, analysis),polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), and recommended disciplinary actions, if any. Intoxilyzer 5000en, Factory and State of Idaho certificates Temporary Destroy records Draeger 9510 and for instrument; log of each person that IC§50- related to machines LifeLoc instrument takes the breathalyzer test and 907(3)(d) and with certificates records verification testing. May include IDAPA issued on or before suspect name, date, time, results, 11.03.01.013.06 December 31, 2020 operator name, calibration check results, simulated temperature in range, comments, etc. Master name index Information on individuals who are Semipermanent Destroy records records field interviewed, individuals who are IC§50- dated on or before arrested, suspects or accomplices in 907(2)(g) December 31, 1923 crimes, victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Public records Written public records requests, Semipermanent See destruction requests of records responses, records provided, and IC§50- order for the associated to a original (unredacted)records 907(2)(g) original crime DR Major Crime DR pertaining to a crime DR that falls under the Category of Crime reports (DRs) for Suicides, Unattended Deaths, and Major Crimes (murder, involuntary manslaughter, rape, sexual abuse of a child, terrorism). Radar equipment, Records documenting the calibration Temporary Destroy records certifications, and and maintenance of radar equipment dated on or before 401Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD maintenance that may be useful in documenting the IC§50- December 31, 2020 records accuracy of the readings. Often 907(3)(d) after equipment includes original factory certification retirement of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Training materials Records related to training programs Semipermanent Destroy records provided to MPD personnel by IC§50- related to a presenters including City employees, 907(2)(g) presentation or last contractors, or other presenters. May use of records dated include course descriptions, instructor on or before certifications, instructional materials, December 31, 2018 course outlines and handouts, and attendance records. Victim Witness Notations and documents Semipermanent Destroy records System documenting contact with victims and IC§50- related to cases in witnesses. 907(2)(g) which investigation was closed or case was disposed before December 31, 2003 Written warnings Written notice provided by MPD Semipermanent Destroy records officer to member of the public to IC§50- dated on or before bring attention to a potential or actual 907(2)(g) December 31, 2018 violation. * Note: Where record is used for legal, training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. ** Note: Where record is embedded with a crime report(DR), it shall be retained according to the retention period established for the crime report. 411 Page PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Alarm Monitoring/ Reports of monitoring fire alarms, Semipermanent Destroy records for which Test Results security alarms and sprinkler tests there is no further Reports for all relevant City-owned facilities administrative need dated including annual fire alarm testing, on or before December annual backflow testing, quarterly 31, 2018 sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build Semipermanent Destroy records dated on Records base budgets and establish yearly or before December 31, budgets, including vehicle 2003 replacement worksheets, enhancements, amendments and carry forward support. Confined Space A written authorization prepared Semipermanent Destroy records dated on Entry Permit prior to employee entry into a Permit or before December 31, Required Confined Space. The 2018 from date issued Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Correspondence, Correspondence created or received Semipermanent Destroy records dated on Administrative in the course of administering City or before December 31, policies,procedures, or programs. 2018 Departmental Department reports, performance Semipermanent Destroy records dated on Reports management presentations. or before December 31, 2013 Engineering Capital Engineering Capital &Enhancement Semipermanent Destroy records dated on and Enhancement Plan(ECEP)— 5-year Capital or before December 31, Plan (ECEP) Improvement Plan Reports. 2013 Reports Meeting Minutes Internal meeting agendas, minutes, Semipermanent Destroy records dated on sign-in sheets or before December 31, 2018 Photos, Building Photos relating to repair and Semipermanent Destroy records requiring Maintenance replacement of City-owned engineering stamps on or equipment, material, and facilities. before December 31, 2021 after life of structure. Destroy all other records dated on or before December 31, 2013 421Page Presentations Departmental presentations. Semipermanent Destroy records dated on or before December 31, 2013 Safety Audits Health and Safety audits. Temporary Destroy records dated on or before December 31, 2020 Safety/Health and Safety and health documents Semipermanent Destroy records dated on Testing including but not limited to training, or before December 31, auditory testing records, respirator 1948 fit test information. Safety Meeting Topics covered and sign-up sheet for Semipermanent Destroy records dated on Agenda/Signup employees who attended the or before December 31, Sheets meetings. 2018 Training and Travel Records documenting attendance Semipermanent Destroy records dated on and presentation by City employees or before December 31, at conventions, conferences, 2018 seminars, workshops, and similar training events. Includes training requests, travel requests, training and Continuing Education Unit (CEU)tracking reports, and related correspondence. Administration Area of Impact Records related to analysis of Semipermanent Destroy records dated on Records expansion of Public Works services or before December 31, into the Area of Impact such as 1948 those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for Semipermanent Destroy records dated on special groups convened by Public or before December 31, Works such as City Services Focus 2018 Group, Construction Best Management Practices Sub- Committee, Energy. Emergency Master Emergency plan records for City Semipermanent Destroy records dated on Plans Hall, Emergency Management, and or before December 31, Continuity of Operations. 2013 Events, Public Records related to planning Public Semipermanent Destroy records dated on Works Works internal and external events. or before December 31, 2013 Rate/Fee Records Records related to establishing Semipermanent Destroy records dated on utility rates and fees, including or before December 31, calculations, research and 2003 recommendations. 431Page Special Projects Documents related to special or one- Semipermanent Destroy records dated on time projects to include, but not or before December 31, limited to: Strategic Plans, Inventory 2013 after completion Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Surveys Public Works initiated internal and Semipermanent Destroy records dated on external surveys and survey results. or before December 31, 2013 441Page Engineering Fire Flow Requests Requests from customers for fire Semipermanent Destroy records dated on flow and responses from or before December 31, Engineering staff based on computer 1948 modeling. Sewer Modeling Requests from customers to run Semipermanent Destroy records dated on Requests sewer model for capacity and sizing or before December 31, and response from Engineering staff 1948 based on computer modeling. Environmental Environmental Awards presented to citizens and Semipermanent Destroy records dated on Awards Records businesses in recognition of or before December 31, environmental contributions to the 2013 community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Pretreatment Industrial Records related to the identification, Semipermanent Destroy all records dated Pretreatment inspections sampling,permitting, on or before December formalized agreements and/or 319 2018 (unless IPDES contracts between the City and permit cycle is not individual facilities within the concluded or state or business and industrial sectors that federal agency has must comply with the federal requested retention) requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications,permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention), enforcement activities, and correspondence to and from the Industrial User. Permitted Facilities Records related to permitted Semipermanent Destroy records dated on facilities, including zero discharge or before December 31, permits 2013 451Page Photos,Industrial Photos related to the identification, Semipermanent Destroy all records dated Pretreatment inspections sampling,permitting, on or before December formalized agreements and/or 31, 2018 (unless IPDES contracts between the City and permit cycle is not individual facilities within the concluded or state or business and industrial sectors that federal agency has must comply with the federal requested retention) requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Pretreatment Awards presented to businesses in Semipermanent Destroy records dated on Awards Records recognition of Best Management or before December 31, Practices (BMP) contributions to the 2018 Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Wastewater Air Permit All documents and reports related to Semipermanent Destroy records related to the Air Permit. Can include reports, monitoring samples manuals, data, and calibration taken, measurements information. taken, reports or applications prepared, or permits expired on or before December 31, 2018 Biosolids All documents and reports related to Semipermanent Destroy all records dated biosolids production and disposal. on or before December Can include Sewer Sludge 31, 2018 (unless IPDES Application Site Logs and Sewage permit cycle is not Sludge Management Plans. concluded or state or federal agency has requested retention) Destroy discharge monitoring reports related to permits that expired on or before December 31, 2003 Discharge Records documenting effluent Semipermanent Destroy discharge Monitoring Records quality discharged from the City monitoring reports wastewater treatment facility. related to permits that Includes permit required supporting expired on or before documentation. December 31, 2003 Destroy all other records dated on or before 46 1 Page December 31, 2018 (unless IPDES permit cycle is not concluded or state or federal agency has requested retention) 75Equipment Records documenting the Semipermanent Destroy records dated on Maintenance & maintenance and calibration of or before December 31, Calibration Records equipment and instruments used to 2018 after equipment undertake and monitor wastewater removed from service, at treatment operations. Useful to end of the IPDES permit verify equipment reliability and for cycle, or as requested by reference by regulatory agencies. state or federal agencies, Information includes: date, type of or the life of City equipment maintained or calibrated, Database,whichever is tests performed, repairs needed, longer. comments, and related information. Idaho Pollutant Records documenting the Semipermanent Destroy records dated on Discharge application for and issuance of a 40 CFR 122.41 or before December 31, Elimination System permit to the City under the Idaho 2018 at end of the IPDES (IPDES) Records Pollutant Discharge Elimination permit cycle, or as System(IPDES)program which requested by state or allows discharge of specific federal agencies, pollutants under controlled whichever is longer. conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. Reclaimed Water Includes all records related to the Semipermanent Destroy records related to Records (REUSE) reclaimed water permit. Can include permits that expired permits, permit applications, before December 31, 2021 manuals,plans, agreements, data (unless state or federal and reports. agency has requested retention) Sewer Maintenance Records documenting the Semipermanent Keep records requiring and Repair Records maintenance and repair of City engineering stamps sewers. May include summaries, Destroy records dated on reports, and similar records usually or before December 31, compiled from daily work records 2021 after life of on a monthly or quarterly basis. structure. Destroy all other records dated on or before December 31, 2018 471Page or until asset is removed from service or the administrative need ends. Sewer Smoke Test Records documenting smoke tests Semipermanent Destroy records dated on Records undertaken to verify hookup to main or before December 31, sewer lines, check condition of 2013 pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Records from contractors Semipermanent Destroy records dated on Videoscan documenting television inspections or before December 31, Inspection Records used to locate problems and defects 2018 (External) in sewer lines. Often consists of, inspections of newly constructed lines. Valve Maintenance Records documenting the location, Semipermanent Keep records requiring Records specifications, maintenance, and engineering stamps dated repair of valves in the City sewer on or before December system. Includes lists, charts, 31, 2021 after life of drawings, reports, logs, and related structure. Keep other records, valve location, records dated on or identification number, run of pipe, before December 31, 2018 size, make, year installed, depth, or until asset is removed turns to open and normal position, from service or the narratives of valve maintenance and administrative need ends. repair, test run,personnel completing work, dates, and related information. Wastewater Complaint letters, notes, or phone Semipermanent Destroy records dated on Customer calls and in-person complaints from or before December 31, Complaint Records customers or citizens 2018, at end of the IPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Wastewater Preventative maintenance schedules, Semipermanent Destroy records dated on Preventative work orders or before December 31, Maintenance Work 2018 or until the asset is Plan Records removed from service or until the period of reclaimed water permit plus two years, at end of the IPDES Permit cycle, or as requested by state or federal a encies, or the 48 1 Page life of City Database, whichever is longer. Water Backflow Tests Backflow assemblies test report Temporary Destroy records dated on or before December 31, 2020 Construction Bacteria sample results taken for Semipermanent Destroy records dated on Samples water line/well construction or before December 31, 2018 Daily Chlorine Field notes from Chlorine residuals Temporary Destroy records dated on Residuals taken from various sample ports in or before December 31, the City water system 2021 Digline Marking Agreements between City and Semipermanent Destroy records dated on Agreement Excavators for marking facility or before December 31, 2018 Fire Flow Reports Actual fire flow data taken from a Semipermanent Destroy records dated on particular fire hydrant or before December 31, 1948 ISO Fire Hydrant Updates to our Insurance Evaluator Semipermanent Destroy records dated on Reports notifying them of new hydrants to or before December 31, Water System 2018 Leak Letters Letters that are mailed to customer Semipermanent Destroy records dated on informing customer of a possible or before December 31, leak are attached to the service order 2018 for leak check Meter Warranty A report on meter warranty Semipermanent Destroy records dated on Report or before December 31, 1998 Safety Inspections Inspections/Reports for Gas Semipermanent Destroy records dated on Monitors, Crane, Fall Protection, or before December 31, and Fire Inspection 1993 Spring flush notices Flush notices mailed to customers Semipermanent Destroy records dated on (Mailers) for spring flush of water system/ or before December 31, Maps 2018 Turbidity Reports Logs used for entering wasted water Semipermanent Destroy records dated on flushed from the water system and or before December 31, not sold. Flush locations are listed. 1998 Water Quality information, including Nephelometer Turbidity (NTU)readings, are documented. Water Meter Water meter reports including NC Semipermanent Destroy records dated on Reports list,billing status report, autoread or before December 31, master route report, billing pre-scan 2018 report, re-reads, and water meter testing results, Sensus analytics, RNI Reports 491Page Water Quality Any mailed correspondence with Semipermanent Destroy records dated on Correspondence labs, customers, regulators or before December 31, concerning sampling 2008 Water Quality Records documenting water quality Semipermanent Destroy records dated on Master Log calls from customers or before December 31, 1998 501Page E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i i i CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: r Please sign in below if you wish to address the Mayor and City Council and 1 provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic IDIAN� I DAFf` AGENDA ITEM ITEM TOPIC: World Wish Proclamation Month � V s' -- e , e .. ,: FAQ It /a ALI i, l 9 T- — mod r , 106*0 RMwo It r NN\O\:ANml\Vl\, r } it 1 3 ' i � ■ 14 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2050: An ordinance (Windrow Neighborhood — H-2023- 0031) annexing a parcel of land located in the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 46.133 acres of such real property from RUT (Rural Urban Transition) to the 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 2024-019827 BOISE IDAHO Pgs=5 NIKOLA OLSON 04/17/2024 08:49 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2050 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (WINDROW NEIGHBORHOOD — H-2023-0031) ANNEXING A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 46.133 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO THE 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 owners Open Door Rentals LLC and C4 Land 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 46.133 acres of the Subject Property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—WINDROW NEIGHBORHOOD H-2023-0031 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,this 16th day of April , 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 16th day of April , 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 16th day of April 2024,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—WINDROW NEIGHBORHOOD H-2023-0031 Page 2 i 1 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. l William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2050 An ordinance (Windrow Neighborhood — H-2023-0031) annexing a parcel of land located in the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 46.133 acres of such real property from RUT(Rural Urban Transition)to the R-8 (Medium-Density Residential)zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue,Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—WINDROW NEIGHBORHOOD H-2023-0031 Page 4 EXHIBIT A jAek Sawtooth Land Surveying, LLC � 1 WFOOL a F: (208) 398-8 1 04 F: (208) 398-8 1 05 i.20d'5`arv"Zy 2030 5. Wa5hington Ave., Emmett, ID 83G 17 Windrow Annexation Description BASIS OF BEARINGS is N. 0°31'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence N. 0131'28" E., coincident with the west line of said SW1/4 and the centerline of S. Linder Road, a distance of 364.11 feet to a 5/8" rebar with an illegible cap and the POINT OF BEGINNING; Thence continuing, N. 0131'28" E., coincident with said west line and said centerline, 962.17 feet to a 5/8" rebar/cap PLS 11574 marking the S1/16 corner common to Sections 25 and 26; Thence continuing, N. 0031'28" E., coincident with said west line and said centerline, 760.50 feet to the centerline of the Calkins Drain; Thence leaving said west line and said centerline and coincident with said centerline of the Calkins Drain the following five (5) courses and distances: Thence S. 82051'07" E., 95.25 feet; Thence S. 70028'42" E., 50.00 feet; Thence S. 5901641" E., 42.00 feet; Thence S. 4304442" E., 45.00 feet; Thence S. 41024'42" E., 913.66 feet to the north line of the SW1/4 of the SW1/4; Thence S. 89029'27" E., coincident with the north line of said SW1/4 of the SW1/4, a distance of 504.44 feet to a 1/2" rebar/cap PLS 6552 marking the SW1/16 corner of said Section 25; Thence S. 0029'06" W., coincident with the east line of said SW1/4 of the SW1/4, a distance of 1325.09 feet to a 5/8" rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25 and 36 and the centerline of W. Amity Road; Thence N. 89032'33"W., coincident with the south line of said SW1/4 of the SW1/4 and said centerline of W. Amity Road, 1025.52 feet to a 5/8" rebar/cap PLS 5617; P:\2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Annexation.docx Page 11 Thence leaving said south line and said centerline, N. 0°31'28" E., parallel with said west line, 364.11 feet to a 5/8" rebar/cap PLS 5617; Thence N. 8913233"W., parallel with said south line, 300.04 feet to the POINT OF BEGINNING. Said parcel contains 46.133 more or less. iC o a 11 74 s/yl� ✓ .Ar OF F BLAG�-�y PA2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow Annexation.docx Page 12 PRO,�F� a Mo �v o BASIS OF BEARI N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N 80'3128'E 2652.48`v . . . . . . . . . . . . . . . . . . . . __ __ S. LINDER RD __ . N abe.11' cma c N 00"31'28"E%1_.1;_ N 00"3 —— Ts — 1'28"E 760.50' N 81 � n o � Y gw I n CA) 00 3128"E 369.JV J I ff Amy z � ti, 230Z w o x M O 1 DI Mrl i-- m p � Z m I tl NlnNln h G) mmmm _ � I� S 00°29'06"W 1325 09' C � �< •• to 46A m r a I N T O — — -50026'12"W1324.51 — — _ . . lilis 0 j a tiN3� I do do I I L -- 1323.89'--- - --- --- O rn W O w � 5 oo•2659'W 2697.69' —__ V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2051: An Ordinance (Windrow Neighborhood H-2023- 0031) for rezone of a parcel of land located in the southeast quarter of the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 19.62 acres of land from R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable 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; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-019828 BOISE IDAHO Pgs=4 NIKOLA OLSON 04/17/2024 08:50 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2051 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR AN ORDINANCE (WINDROW NEIGHBORHOOD H-2023-0031) FOR REZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN, MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 19.62 ACRES OF LAND FROM R-4 (MEDIUM LOW-DENSITY RESIDENTIAL) ZONING DISTRICT TO THE R-8 (MEDIUM-DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE 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;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Open Door Rentals LLC and C4 Land LLC, the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from R-4(Medium Low- Density Residential) zoning district to the R-8 (medium-density residential) zoning district. 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 applicable 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, once passed, shall be in full force and effect upon publication, in accordance with law. REZONE ORDINANCE—WINDROw NEIGHBORHOOD H-2023-0031 PAGE 1. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 16th day of April 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 16th day of April , 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 16th day of April 2024, 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 for Idaho My Commission Expires: 3-28-2028 REZONE ORDINANCE-WINDROw NEIGHBORHOOD H-2023-0031 PAGE 2 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. j William L. M.Nary, City Attorney z SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2051 An Ordinance (Windrow Neighborhood H-2023-0031) for rezone of a parcel of land located in the southeast quarter of the southwest quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian,Meridian,Ada County,Idaho,more particularly described in Exhibit"A,"rezoning 19.62 acres of land from R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable 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; 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.] REZONE ORDINANCE-WINDROw NEIGHBORHOOD H-2023-0031 PAGE 3 EXHIBIT A AAW Sawtooth Land Surveying, LLC -7-57WT00T Z P: (208) 398-8104 F: (208) 398-8 1 05 2030 5. Wa5hin6jton Ave., Emmett, ID 836 17 Windrow East Rezone Description BASIS OF BEARINGS is N. 0131'28" E. between a found brass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26, T. 3 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the SE1/4 of the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the southwest corner of said Section 25; Thence S. 8903233" E., coincident with the south line of said SW1/4 and the centerline of W. Amity Road, 1325.56 feet to a 5/8"rebar/cap PLS 5617 marking the W1/16 corner common to Sections 25 and 36 and the POINT OF BEGINNING; Thence leaving said south line and said centerline, N. 01129'06" E., coincident with the west line of said SE1/4 of the SW1/4, a distance of 1325.09 feet to a 1/2" rebar/cap PLS 6552 marking the SW1/16 corner of said Section 25; Thence S. 8912927" E., coincident with the north line of said SE1/4 of the SW1/4, a distance of 644.28 feet to a 1/2" rebar/no cap; Thence leaving said north line, S. 0026'12"W., 1324.51 feet to a 5/8" rebar/no cap on said south line and said centerline; Thence N. 8903233" W., coincident with said south line and said centerline, 645.40 feet to the POINT OF BEGINNING. Said parcel contains 19.611 acres more or less. L CE p G 11574 pbl;?3 �qrr OF ✓F�F BEAGLE` PA2023\1 EMT\123048-WINDROW SUB-CONGER\Survey\Drawings\Legal Descriptions\Windrow East Rezone.docx Page 11 'e r t 80 BASIS OF HEARING . . . . . . . . . .N60°31'28"E 2652.48'. . . . . . S. LINDER RD 364.11 . . — . . — N 00°3128"E 962.17 . . — . . — . . • N 00*3128"E 760.50' n s6s.7o' a 2 < AO N 00°3128"E 364.11' co o� — . / a � vnw� m � I to aat�y I C� ZCnNZ eti (J: Z _`p m cn m D 0 ri) D Z � NNN /n VJ v � l�fgnry22 �n Zo mmmm ;p r Lei NVN G]h�9 11( Q y m n Pno a N"63 m N z Iv 5 00°26'12"W 1324.51' — — — — c I I n N m 002 X °0 ` 00 May . (:6 do 1323.89' - --- -1313.80 --- -- • Qv C S WNW W 2647.69' 3 rn owo N° �