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2017-03-07Meridian City Council Meeting Agenda Tuesday, March 7, 2017 – Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, March 7, 2017 at 6:00 PM 6:07PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Justin Jordan with Real Life Ministries 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of February 21, 2017 City Council PreCouncil Meeting B. Approve Minutes of February 21, 2017 City Council Regular Meeting C. Agreement for Connection to Sewer Service: 313 W. Cherry Avenue D. Golden Grove Heartland Townhomes Property Management, LLC Water Main Easement E. Final Order for Rainier Villas (H-2017-0008) by Intermountain Pacific, LLC Located West of N. Meridian Road, South of W. Pennwood Street and North of W. Corporate Drive F. AMENDED Findings of Fact, Conclusions of Law and Order for Silverstone Apartments (H-2016-0060) by DevCo, LLC Located 4225 E. Overland Road G. US 20/26 Corridor Environmental Assessment Letter H. Gift Deed from Thomas Coleman for Reta Huskey Park 6. Items Moved From the Consent Agenda CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, March 7, 2017 – Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 7. Community Items/Presentations A. Mayor’s Youth Advisory Council Update B. Solid Waste Advisory Commission Annual Report C. Solid Waste Advisory Commission: Trash or Treasure Pilot Program Approved D. Historic Preservation Commission: Budget Amendment for Certified Local Government Grant in the Not-to-Exceed amount of $3,500 Approved 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public’s comments. No additional public testimony is taken once the public hearing is closed. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Continued from February 28, 2017: Final Plat for Movado Estates Subdivision No. 1 (H-2017-0004) by DevCo, LLC Located at South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road Continued to March 21, 2017 B. Continued to February 28, 2017: Final Plat for Movado Estates Subdivision No. 2 (H-2017-0005) by DevCo, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road Continued to March 21, 2017 C. Final Plat for Movado Subdivision No. 3 (H-2017-0012) by Dave Evans Construction, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road Continued to March 21, 2017 D. Continued from February 28, 2017: YMCA Building Permit Partial Fee Waiver Request Approved Meridian City Council Meeting Agenda Tuesday, March 7, 2017 – Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. E. Public Hearing for Destination Place No. 3 (H-2017-0013) by Fulbright Investments, LLC Located 1510 S. Celebration Avenue Approved 1. Request: Short plat two (2) commercial lots on approximately 1.77 acres in the C-G zoning district 9. Department Reports A. Finance and HR: Benefits Roadshow for FY2018 Budget B. Finance: FY2017 Fund Balance Transfer 10. Future Meeting Topics Adjourned at 7:32PM Meridian City Council March 7, 2017 A meeting of the Meridian City Council was called to order at 6:07 p.m., Tuesday, March 7, 2017, by President Keith Bird. Members Present: Keith Bird, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Jamie Leslie, Parry Palmer, Steve Siddoway, Clint Dolsby and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener ___ Mayor Tammy de Weerd Bird: All right. Welcome to the regularly scheduled City Council meeting of March 7th, 2017. It's 6:07. We are seven minutes late. I apologize for that. Roll call, Mr. Clerk. Item 2: Pledge of Allegiance Bird: Thank you. Next -- if everybody would join us in the Pledge of Allegiance to the flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan with Real Life Ministries Bird: We will have our community invocation by Justin Jordan from Real Life Ministries. Justin, if you would lead us. Jordan: Thanks, City Council. Let's pray. Lord, as we gather here tonight as a community with the City Council, we pray, Lord, that as all great cities, organizations, businesses, faith communities, it's always built around leaders who have a character and a pursuit of excellence that matches their character, Lord, and we pray, God, tonight for all the leaders tonight as they lead our city in making decisions for what's best for our city. We pray, Lord, for all of the people that work in this building, that they would continue to pursue what is right and good for this city, not only for our generation, but for the next generation as well. Meridian City Council Meeting March 7, 2017 Page 2 of 31 We pray for those that are here tonight at the meeting, God, that they would be able to contribute to this city by communicating needs, wants, and different things that make this community great. We pray they be heard, that there be ability to work together and, God, that you would continue to bless this community like you have. And, Lord, that we would continue to be an example to others of what it means to live in relation with one another, to love one another, to serve one another, to bless one another and, Lord, that you continue to provide places for people to thrive here in the City of Meridian. We thank you for this leadership and, like I said, I pray for their character, their hearts, and you continue to mold them to be the great leaders that we need them to be for our city. We pray this in your son's name, amen. Bird: Justin, I would like to give you a pin, if you haven't had one before. Jordan: I have got one. Bird: You got one. Thank you very much. Item 4: Adoption of the Agenda Bird: Okay. Next item on the agenda is the adoption of the agenda. Mr. Borton. Borton: Mr. President? Bird: Mr. Borton. Borton: There are no proposed changes or additions to the agenda, so I move that we adopt the agenda as published. Cavener: Second. Bird: I have got a motion to adopt and a second , the agenda as published. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of February 21, 2017 City Council PreCouncil Meeting B. Approve Minutes of February 21, 2017 City Council Regular Meeting Meridian City Council Meeting March 7, 2017 Page 3 of 31 C. Agreement for Connection to Sewer Service: 313 W. Cherry Avenue D. Golden Grove Heartland Townhomes Property Management, LLC Water Main Easement E. Final Order for Rainier Villas (H-2017-0008) by Intermountain Pacific, LLC Located West of N. Meridian Road, South of W. Pennwood Street and North of W. Corporate Drive F. AMENDED Findings of Fact, Conclusions of Law and Order for Silverstone Apartments (H-2016-0060) by DevCo, LLC Located 4225 E. Overland Road G. US 20/26 Corridor Environmental Assessment Letter H. Gift Deed from Thomas Coleman for Reta Huskey Park Bird: Next item, Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Borton: I would move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all papers. Cavener: Second. Bird: I have got a motion to approve the Consent Agenda with a second and for the Mayor -- or the President to sign and the Clerk to attest. Roll Call vote, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda Bird: Okay. Nothing was pulled from the Consent Agenda. Item 7: Community Items/Presentations A. Mayor’s Youth Advisory Council Update Meridian City Council Meeting March 7, 2017 Page 4 of 31 Bird: So, we will go down to Item 7, the Community Items/Presentations. The Mayor's Youth Advisory Council update. Young Lady. Bradford: Okay. Members of the Council, I am Susanna Bradford and I am the vice-chair for the Mayor's Youth Advisory Council and this is the update for the month of February and last month -- or last Monday we had Ignite Youth at the Idaho Party Barn and we had six different presenters give presentations on a variety of topics. Our presenters included MYAC'ers and just community members and we learned about anything from starting your own small business to -- to dinosaurs -- we learned about dinosaurs and it was super cool to hear about whatever the presenters wanted to talk about. There we go. Okay. And, then last night we had a fundraiser at The Counter for -- to raise money for our NLC trip, which is this weekend. We have a few members of the exec council that will be going to Washington D.C. for the National League of Cities conference and it was -- it was a good turnout. There were -- we got a good turnout from that. And, then, just as a look ahead we have NLC in Washington D.C. this weekend and we are working on our STAND grant and we will get more information about that as it comes closer and we are also working on school surveys that we are going to take into the schools to give students, so that we know how they feel about Meridian and how they feel about like safety in Meridian and what their place is. And that's all. Are there any questions? Bird: Council, any questions for the young lady? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: A couple questions about your STAND grant. I'm just curious what MYAC is planning to work on related to STAND and kind of what they are submitting for funds for. Bradford: Uh-huh. I think it's -- I'm not positive what the project is. I'm not working on it. We have other people in the exec council that are working on it. But I know they are trying to work on something to do with parents smoking in the car with children under the age of 18 when they are present in the car. Cavener: Mr. President, additional question if I may. Bird: Yes, Mr. Cavener. Cavener: I'm just curious what membership looks like right now. I know you guys just seem to get bigger and bigger every time. Bradford: Yeah. Meridian City Council Meeting March 7, 2017 Page 5 of 31 Cavener: I'm just curious what your current membership is. Bradford: It always dwindles after Christmas -- Cavener: Sure. Bradford: -- so right now we are -- we are hanging on, but we are getting pretty small, so -- yes. Cavener: Okay. Bird: Any other questions? Thank you, young lady. Bradford: Thank you. B. Solid Waste Advisory Commission Annual Report Bird: You bet. Mr. Cory on the Solid Waste Advisory Commission annual report. Thank you for being here, Steve. Cory: Thank you, Mr. President and Members of the Council. I want to express my appreciation for this opportunity to go ahead and review the activities of 2016 for the Solid Waste Advisory Commission. Introducing myself. Steve Cory. I'm chairman of the commission and I get the opportunity to make this presentation on behalf of the commissioners. We have a very strong, active and full commission and we have had some changes over the course of this last year . Mayor Corrie, Youth Commissioner Chambers and commissioner and former chairman Nancy Mann all chose to do some other activities over the course of the year and the commission very much wants to thank the Council for keeping us at full capacity. We appreciate the variety of citizens that you're able to give to us to represent the community. One of the activities that the commission takes is the oversight of the community recycling fund program or CFRP -- CRFP. I want to report to you that we are starting to get cash inflows into this account and it's now a little bit over 11,600 dollars. To that effect we have opened up a conversation with the Parks and Recreation Department and also with the Meridian Arts Commission about a joint project that would go ahead and place benches in city parks. This happens to be some work of artists that we found fairly interesting, but we have got another project that's -- another type of bench that's really developed some interest amongst the group and we are looking forward in the near future to be able to come before you with a joint presentation on something for the community. Looking back at the activities of 2016, early on in the year we went ahead and presented a report to memorialize the origins , development, and current conditions of recycling in Meridian. We documented the interplay of conditions and market variables and SWAC investigated services and fees charged locally and throughout the west, pertinent contracts and other industry resource information. The report compared how other local cities in the Meridian City Council Meeting March 7, 2017 Page 6 of 31 county apportion residential recycling risks versus revenue with Republic Services. As a result of that work SWAC developed a greater knowledge of the complexities of the recycling industry, a closer working relationship with Republic Services and other local stakeholders, and a collective resolve to find innovative new programs to support the CRFP. Another one of our activities was the development of the Hand-In-Hand We Recycle program. SWAC created the program -- the program with the support of Republic Services and Western Recycling. Both Republic Services and Western Recycling agreed to donate services so that close to a hundred percent of the revenue earned can be returned to the CRFP. The program creates a mobile collection opportunity that we can take to events within the community. From its title to the painted hand prints of local recyclers, the program's objective is to promote that it takes everyone in the community to recycle in order to improve the quality of life for everyone in the community. It provides an opportunity for multi-family households to participate in recycling and it promotes recycling generally with its positive message, it's easily accessible reaching location near the Meridian transfer stations gatehouse and it gives us the opportunity to educate the community on the effect of contamination of the recyclables and the effect that contamination has on the value of both single stream recycling that happens at the curb and the commingled -- well, the source separated material that comes through this end process. It was -- it rolled out very nicely with no cost to the city or citizens directly and so we were very proud of the way that that rolled out . We launched the program during the Public Works Expo with the activities that I have just discussed and, then, followed it up with Republic Services entering in the Dairy Days parade. SWAC commissioners and Republic Services representatives walked the parade and handed out educational materials. We went ahead and distributed bookmarks throughout City Hall and around the community to further explain the program. SWAC initiated an annual activity at the Public Works Expo. SWAC answered questions and educated the public on clean recycling and Youth Commissioner Jacob Chambers was able to obtain reusable bags from Albertsons to give away as swag during the event. Republic Services donated some games that we could use and some more swag to give out for the participants in those games. I want to say that SWAC -- the commissioners are very excited about expanding the educational materials that we can hand out in this year -- the second year of participating in the expo. SWAC received numerous presentations throughout the year with Pacific Recycling refreshing our understanding of their operations and Republic Services detailing numerous aspects of their activities. SWAC handled numerous activities to improve services in the community, including obtaining compliance by contractors and you haulers, developing a rate chart to compare costs in the Treasure Valley and maintaining a services chart to facilitate citizen, knowledge something they can go to to see what they can receive at the curbside and resolving questions about container standards. SWAC vetted and produced a recommendation on safe and efficient collection of waste and recyclables at schools and -- and commercial entities in the city. We thank the Council for their consideration and support of that ordinance change. SWAC formed the annual Meridian City Council Meeting March 7, 2017 Page 7 of 31 rate adjustment review vetting proposed changes and recommending approval to the Council. Again, we thank you for your consideration. SWAC participated in the county solid waste advisory committee. The committee has been a valuable path for communication between the communities and Ada County and numerous issues were discussed throughout the year. The committee is being renewed at this time and we look forward to the continued collaboration effort. I was -- had the pleasure to represent Meridian at that committee meeting and in my -- when I had to take a break with it, Commissioner Caldwell was able to fill in for me doing admirably. I want to take a second and talk about 2017 and the things that are -- that we are looking forward to. We are promoting -- going to continue promoting that Hand-In-Hand We Recycle program. Continue the development of a five-year strategic solid waste plan for the City of Meridian and if it were developed to bring it forward for your consideration. We will continue monitoring glass recycling and yard composting market trends. We are closely monitoring the -- well, Republic's pilot grass recycling program in light of the major changes that Boise is planning to implement this coming year . We will continue to participate in the Ada County Solid Waste Advisory Committee. We will participate in the Ada County Hazardous -- Household Hazardous Waste Program meetings and Commissioner Nelson has been attending those meetings and representing us quite well. We will continue to provide training with Republic Services and staff commissioners assistance for code enforcement officers on solid waste ordinance, including, but not limited to, sections pertaining to you haulers. We will do continued expansion of the role of the youth commissioner to coordinate with MYAC on many activities that we have throughout the year and, then, we are going to -- we are working on a new program, which is the presentation following this one on a Trash To Treasure program. So, I will go into that next. In conclusion, it's been a very productive year for SWAC and SWAC continues to gain experience and appreciation of the many challenges facing the solid waste and recycling industries. SWAC's commitment is steadfast to work with our partners to identify and recommend to the -- to you, the Council, improved physically sound, trash and recycling services and programs for the benefit of Meridian residential and commercial customers and SWAC looks forward to an even greater productivity in the year to come. And with that I would stand for questions or direction. Milam: Mr. President? Bird: Mrs. Milam. Milam: Thank you, Steve, for the very thorough report and it's nice to see so much of your -- of your team here to support you tonight. There is a sudden increase over the last year in the community recycling fund and I think we were working on that close to zero balance for a few years it seemed like. Can you tell -- can you just elaborate a little bit of where that money has come from ? Meridian City Council Meeting March 7, 2017 Page 8 of 31 Cory: Markets have been extremely soft for a number of years . There were a number of problems. There was a port strike over on the west coast that made it so getting recycled materials to China was not as possible and that created a lot more material that was going to the domestic aluminum recyclers and -- and cardboard facilities and such and a lot of those resolved themselves and, then, I would say that the attention that was given over the last couple of years to the program was very beneficial to us when we issued the report a year ago and there were some efficiencies that were found and were put in place and, basically, we are just seeing the market come back together, the economy get a little bit stronger, a little bit more demand for cardboard and aluminum and various other things and so were benefiting from that improved situation . Milam: Mr. President, one more question. Bird: Mrs. Milam. Milam: Thank you, Steve. I mean that's wonderful to see those funds just rise so much. On the Hand-In-Hand We Recycle -- I love that program. Sorry. I know Andrea fills it daily. But do you know who else -- or where else the products are coming for into that utility that we are receiving so much money back? Cory: Well, one of the great services that that is providing is that a lot of our -- our apartment complexes and other facilities did not have the -- were not designed originally to have the dual bins for garbage and, then, for recyclable materials and so as this program was developed those residents didn't have an ability to go ahead and participate and so we are seeing quite a few people come over with their materials -- strong indications that that's what we are getting is that these people getting the chance to recycle where they really didn't have an opportunity before. Milam: Wonderful. Thank you. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Steve, I look forward to your presentation. I think you're a great representative of the commission and it's great to see so many of them here. In your report you alluded to some potential changes occurring in the municipality to the east of us and can see or read in the paper about the city of Boise moving to composting. Is that something that SWAC has discussed and is there any information that you're prepared to share with us tonight? Cory: You know, the commission has considered this a very important topic and for years we have educated ourselves on composting activities. We felt that as far as we could go in a very unsure situation was to initiate the pilot program that Meridian City Council Meeting March 7, 2017 Page 9 of 31 we have had over the last couple of years. That pilot program allowed citizens of Meridian to go ahead and pay a subscription fee and they could have their grass picked up and delivered to one of the farms south of town and it was put together into a soil amendment and, then, applied to the farms down there and used for agricultural purposes. We felt like that half step was a good starting point, knowing that Meridian -- that Boise was approaching this from a whole different standpoint. Their council is indicating that their citizens are willing to go ahead and do a program for grass and leaves that's fully orchestrated by the city . We don't really know what -- we don't presume what would be appropriate for Meridian, but we knew that that would be half the material in this county and it would significantly affect the market and so Boise is moving to a process to have another can at each of the residents where grass and, actually, food scraps, banana peels and other things, would be picked up and it would be delivered to the -- to their property out on Kuna Mora Road to allow it to be composted and, then, provide compost to their citizens and they have created a fairly structured fee system, essentially, building participation into their costs and, then, presuming that you actually participate , then, you get a little bit of a break and if you compost on your property, then, you can get a waiver and some other things. It's certainly a pretty major impact to the Treasure Valley and the use of this material. I think our position would be that we will try to work up a good report on this and if it works for you to maybe talk about some things that we think might be more attuned to Meridian citizens and , then, present it to you for your consideration. I know in talking with Boise, their view is that their program will take a little bit of time to stabilize and , then, they will go ahead and open it up later on for other communities to participate and add on, but I'm not really sure if that necessarily matches the way our citizens think. So, we are not prejudice on this yet. We are not even sure how -- of all the facts associated with it, but we do intend to go ahead and pull it all together and present it to you sometime this year. Cavener: Great. Thank you. Bird: Any other questions at this point? Thanks, Steve, and thank you to all your commission. C. Solid Waste Advisory Commission: Trash or Treasure Pilot Program Bird: And I see the next item you and Brett is going to present that. Are you ready to do that, too? Cory: Yes. Bird: Let's do her. Meridian City Council Meeting March 7, 2017 Page 10 of 31 Cory: Mr. President. Yeah. And I do want to go ahead and thank our commissioners that are here in attendance. Bird: Yes. Cory: Why don’t you stand up. I have really appreciated their work with me and I'm glad they are here. Bird: Thank you. Cory: Thank you for your indulgence on that. The commission had the great opportunity this year to have one of our citizens go ahead and bring forth something that he had observed in another community and so I want to go ahead and bring Brett Baranco, a member of our Meridian Police Department, up here and he's going to go ahead and go into the details of it, but it was something that really energized the commission and we think you might be very interested in it . Bird: Thank you, Steve. Welcome, Brett. Baranco: Thank you, Mr. President, Council Members. And, again, thank you, Steve, for that introduction. My name is Brett Baranco, I am the chairman for Trash or Treasure subcommittee and on February 22nd I was able to go in front of the Solid Waste Advisory Commission and speak to them about this program in hopes that they would vote for me to come forward to you guys today and as you can tell unanimously voted an approval for me to share with you guys my program. But first before I go into it, I do want to paint a little bit of a face that was able to introduce this idea to me. It would be my family, specifically through my wife Katie Rush, her sister's family. The Claus family. They are from Stony Plain, Alberta, Canada, and the woman in the picture would be her sister Janine Claus. Her husband Matt Claus. And their three beautiful children. In the middle would be the oldest Abigail. For short Abby. On the right would be the middle child. Rebecca. For short Becca. And, of course, you can't -- can't look away from that little one, Karas in the purple shirt. One day Matt discovered a rash near his armpit that wouldn't go away no matter what the doctors did to treat it. They found out that he had melanoma cancer and on April the 19th , 2016, last year, he did succumb to it and these three pictures were the last times these girls got to see their father alive as they said their final goodbyes . My wife and I went up to Stony Plain at the end of April to attend his funeral and to help our sister around the house or in any way that we could for her eventually move back to the States. While we were up there we found out about a program that has been going on for ten years at Stony Plain, that one weekend annually the residents would place unwanted items at the edge of their yard in hopes that someone will come by and take it for their own use . The hunt for hidden treasure that might be junk to one person, yet of use to another. If the items weren't taken, the local garbage collectors would come and take what was left to the landfill. It was, actually, truly amazing to experience firsthand. While helping my sister clean her Meridian City Council Meeting March 7, 2017 Page 11 of 31 house for the eventual move, we were able to get rid of so much stuff that would have cost us time and money to give away, sell, or take the landfill ourselves, not to mention the many times of me wishing that I was in the States, so that I could bring back a lot of other -- of the residents' stuff myself. Seeing the community come together to repurpose old items made me think that Meridian would be a perfect place to have a program such as this. Since the City of Meridian strives to be a place that is full of diverse activities to keep itself s eparate from other cities and SWAC seeks programs to programmers -- to promote recycling in the community and to divert materials from the landfill through focus of the se four R's, reduce, recycle, repurpose and reuse, Meridian would be a perfect place to make this idea work. So, I was able to bring this topic to the Solid Waste Advisory Commission on June 26th, 2016, of last year, but they were missing close to half of their board members, so they wanted me to come back to their next meeting on July 27th. During this meeting the board members voted unanimously to create a subcommittee to work out the details and create the plans for a pilot year. This was when I was introduced to so many wonderful people who helped put in their own time and efforts into this program. Without these people and their dedication to the idea of Trash or Treasure this would have been lost. I am truly appreciative to everyone involved. And forgive me if I do mispronounce a name. Andrea Pogue. Genesis Milam. Rachele Klein. Scott Walters. Steve Cory. Steve Sedlacek. Justin Jensen. Kaycee Emery. Ken Corder. Cade Coltrin and Burney Glen HOA. Tim Dublin and Copper Basin HOA. Cheryl Iseri. Carman Wilson. And Leslie McClurg with Havasu Creek HOA. And Mike Madsen with MGM Association Management. Once again, I cannot express how thankful I am to these individuals and communities for their support. The Trash or Treasure subcommittee gathered for nine one hour -- nine one hour meetings. The meetings were a mix of people in attendance, but we were able to work hard and crackdown on details for the pilot year. This is the logo that we came up with that we thought would reflect well on Meridian's views and standards. We came up with the tagline give your unwanted items a chance for a new beginning. We feel that really represents the purpose behind the program and recycle instead of throwing away. We felt a good time to initiate this program for the pilot year would be April 29th thru April 30th . The reason is because of Meridian's already program that is in use spring cleanup. This is what also made me think that the program could work for the beginning, because Meridian has already worked so hard to create spring cleanup , as well as having a few years of successful runs. But instead of throwing away the items, this is where Trash or Treasure would really come in handy to merge with spring cleanup in an attempt to get rid of the unwanted items before taking them to the landfill. I have used spring cleanup myself before with happiness, but also a little bit regret, because I got rid of something that could have been used by someone else. I was lazy and it really wasn't a good donatable item , but now it's in a landfill and Trash or Treasure could have given my items a second chance and use. Spring cleanup in some residences is May 1st and that is why we thought April 29th and April 30th would work well for Trash or Treasure and I should note that the treasure hunt that Stony Plain does will not allow multiple items to the Meridian City Council Meeting March 7, 2017 Page 12 of 31 landfill that Meridian actually does, which means this will be an easier program for people to participate in and more options for items to get rid of. We are not sure at this point if the event will be targeted to a specific community every year or to be a citywide event, but we didn't want to unleash this program to everyone in Meridian on the first year. So, we picked a target area of HOA neighborhoods that would find interest in participating in the first year. We came across Burney Glen, Copper Basin, and Havasu Creek. All these neighborhoods loved the idea and wanted to make Trash or Treasure a success. With these three neighborhoods combined it will give us 488 residential homes to work with in seeing what will happen during that weekend and I should also note that all of these residents will have a garbage pickup Monday, May 1st. We were able to develop a flyer that gives the details about Trash or Treasure. Republic Services has graciously expressed support in paying for the cost of these flyers. The flyers will be posted on the HOA Facebook pages and NextDoor accounts four weeks prior to April 29th. The subcommittee, as well as possible MYAC members, will, then, go out two weeks priors -- two weeks prior throughout the neighborhoods and rubber band them to the doors. This will also be sent via HOA and MGM Management e-mail to the residents Wednesday before April 29th. We feel this will be help embed the idea of Trash or Treasure before the final weekend. We were also able to create a video that will be used to promote the who, what, when, where and how of Trash or Treasure. Once again, Republic Services has generously purchased the video , so that we may use it on the city YouTube channel, through a link that is on the flyer and we will be using the e-mails that will be sent via the HOAs and MGM Management's e-mails. I do have the video. However, due to the technical difficulties I sadly will not be able to play it. I know. It is very good, as you can hear in the background. But I will have Andrea Pogue send to you -- everyone, so that you guys can witness it. We thought having a vertical banner at the entrances of the HOA neighborhoods would help spark interest into Trash or Treasure. They will be erected two days prior to the weekend of the event and, once again, will be paid for by Republic Services. I absolutely cannot express the gratitude we have towards Rachele Klein and Republic Services for supporting us so much. When the day of the event comes a few subcommittee membe rs will patrol the area, taking pictures, documenting what's being put out, what's being picked up and just the general foot traffic. We will also seek the aid of MYAC members in helping us obtain these notes. Victoria Madrigal with MYAC and SWAC made a clear point to get MYAC and her school involved with this task, that we are truly grateful to her. At the end of the weekend, after Republic Services has picked up the remainder of the items, we will have the HOAs and MGM send an e-mail that contains a link to the Survey Monkey to ask a few basic questions about the community experience. Questions like did they participate. What items did they place out. What items did they find and keep. What were their overall thoughts on the program, as well as a few other questions that the committee will fine tune. To make sure no clutter is left on the streets, a week or two past the event we will go to Meridian police code enforcement in help searching for any violations that might be present. And, then, the subcommittee will once more gather to view the Meridian City Council Meeting March 7, 2017 Page 13 of 31 results and present them to the Solid Waste Advisory Commission and to the City Council. If the event is a success, which it will be, we will create a news release to show the community what was done and create interest and future Trash or Treasure events. So, to sum up, Trash or Treasure will be a creative and community involved program that promotes repurposing before disposing. We will attach to your already in use program spring cleanup for the pilot year will be held on the weekend of April 29th and 30th and will take place for the first year in the Burney Glen, Copper Basin, and Havasu Creek communities. The Trash or Treasure subcommittee will come together once more after the event and present the final findings of the outcome to SWAC and City Council. Not to mention that the pilot year will cost the city zero dollars. Bird: We like that. Baranco: Trash or Treasure. Where one person's trash is someone else's treasure. And now I would like to -- actually, I was going to play my video, we don't have a video, so as chairman of Trash or Treasure subcommittee I would like to thank you for your time, answer any questions you might have, and ultimately ask you to vote to allow Trash or Treasure to become a part of Meridian city. Thank you. Bird: Council, any questions for Brett? Milam: Mr. President? Bird: Mrs. Milam. Milam: Brett, great presentation. Obviously, I'm a big supporter, also on the subcommittee. Did you want to explain the MJC or logo or -- Baranco: I was trying to sneak it in, but -- Milam: Well, you want to point that out. Baranco: It is my brother's initials. Matthew Johnson Claus. MJC. Milam: A little tribute to your brother-in-law. I think that's really -- really special. Bird: Any other questions, Council? If not, I would entertain or -- Cavener: Mr. President, I will make a motion. Brett, great -- very thorough presentation. As someone who as a child enjoyed going to my grandparents' house, because we make the annual trip to the dump where I would find my treasure. This intrigued me, but as I have always learned, though, sometimes some people's trash is just trash. I was a little concerned when I first started to hear about this, but I think the plan as it coincides with spring cleanup was very Meridian City Council Meeting March 7, 2017 Page 14 of 31 thoughtful. It appears you have done your due diligence and I like that it is being centralized in three neighborhoods. Can't wait to see what you guys accomplish with this. So, with that, if Councilman Milam is okay, I want to -- I don't want to step on your toes and make the motion, but -- all right. I would move that we accept the presentation for the Trash or Treasure pilot program and allow that program to occur the date presented. Milam: Second. Bird: Okay. You have heard the motion and the second. Mr. Clerk, roll coll. Let's roll call it. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Bird: Thank you, Brett, very much. Baranco: Thank you, everyone. I really do appreciate it. Bird: Thank you for your hard work. We appreciate it. D. Historic Preservation Commission: Budget Amendment for Certified Local Government Grant in the Not-to- Exceed amount of $3,500 Bird: Okay. Hillary, we have got Item B, Historic Preservation budget amendment. Bodnar: Hi. Bird: Good evening, Hillary. How are you? Bodnar: I'm good. How are you? Bird: Very good. Thank you. Bodnar: Wonderful. Mr. President, Members of the Council, I am presenting a budget amendment on -- for the Historic Preservation Commission. On February 23rd we were given a letter of award from the Idaho State Historical Society for a grant for 3,500 dollars for the Meridian Walking Tour update. Right now, as you guys know, we rolled out the walking tour in two phases. So, we actually have two separate brochures which can be confusing to people at times and we have actually ordered more of a single brochure with the -- knowing that we wanted to eventually combine them, but we had a lot left over and we didn't want to get rid Meridian City Council Meeting March 7, 2017 Page 15 of 31 of something that we have already printed and purchased and so, conveniently, we are getting close to the end of our two separate brochures and we had the opportunity to apply for a certified local government grant from the Idaho State Historical Society and we were awarded that grant. So, they are willing to match all of the funds to, basically, update the design, they are not exactly consistent with the updates and content and, then, reprint a combined brochure for the walking tour. So, the budget amendment before you is, essentially, asking for spending authority for those grant monies that were awarded to the Historic Preservation Commission. Bird: Any questions for Hillary? Borton: Mr. President? Bird: Mr. Borton. Borton: Real quick. Hillary, while you're on the topic, can you give us an update on the development of the walking tour app? Bodnar: Yes. Borton: I presume these funds can't be used towards a digital version. Bodnar: These funds can't be used towards the app, but we will be able to include a link, you know, like a scan to that app or information off that app in the brochures also, which is another good reason. The app is, essentially, a digital brochure, so that would be updated a lot more frequently and has a lot more content. At the next HPC meeting, which is Thursday, we are doing training for the app that's, essentially, ready to be rolled out for the public. Borton: Great. Bird: Any other questions? Mr. Palmer. Palmer: Mr. President, I move we approve the budget amendment for 3,500 dollars. Milam: Second. Bird: You have heard the motion to approve for the budget amendment of 3,500 dollars and the second. Roll call, please. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Meridian City Council Meeting March 7, 2017 Page 16 of 31 Bodnar: Thank you. Item 8: Action Items A. Continued from February 28, 2017: Final Plat for Movado Estates Subdivision No. 1 (H-2017-0004) by DevCo, LLC Located at South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road B. Continued to February 28, 2017: Final Plat for Movado Estates Subdivision No. 2 (H-2017-0005) by DevCo, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road C. Final Plat for Movado Subdivision No. 3 (H-2017-0012) by Dave Evans Construction, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road Bird: Thank you, Hillary. Okay. Going to Action Items. A, B and C has been asked to be continued to March 21st, because some of the plats -- current corrections needed to be made to the plat prior to approval. I would entertain a motion, if it's ok with you, Council, to continue those three items to March 21st. Borton: Mr. President? Bird: Mr. Borton. Borton: I would move that we continue Items 8-A, B and C, that's H-2017-0004, H-2017-0005, and H-2017-0012 to March 21st, 2017. Cavener: Second. Bird: Okay. You heard the motion and the second. All in favor say aye. Any opposed? Passes. MOTION CARRIED: ALL AYES. D. Continued from February 28, 2017: YMCA Building Permit Partial Fee Waiver Request Bird: Okay. Continued from February 28th, the YMCA building permit partial fee waiver request. Mr. Siddoway. Meridian City Council Meeting March 7, 2017 Page 17 of 31 Siddoway: Mr. President, Members of the Council, I was before you last week, so I'm happy to give as much or as little as you would like tonight. I do want to thank you for allowing us to hold an initial conversation last week while Madam Mayor could be here, as well as the vice-president David Duro, who are both out of town this week. Some highlights may be worth mentioning. Last year we -- the city entered into a partnership with the YMCA for the project known as The Hill in south Meridian, which will include a park for the city, as well as the -- the YMCA, Hillsdale Elementary School is already there, and we are, basically, in a partnership where we try to act in good faith to the benefit of each other and to the benefit of the project. Examples on Y's side toward the city have included -- they are planning to build a parking lot for the park. They are handling on the land -- accepting land donations until the property lines can be determined and last year they sold us the Home Court at a favorable price, so that those proceeds are not slated to be used at The Hill. The request before you tonight is to consider waiving any portions of the building permit fees that are considered indirect fees or soft costs. Bruce Freckleton presented last week. You have his memo. Just as a quick summary, they are not proposing any waiver of the planning division fees. No waiver of the land development division fees. Both of those are already paid. They are not proposing any waiving of the Public Works Department fees, including sanitary sewer and water assessments or water meters. And they are also not proposing any waiver of police or fire impact fees. The portion that is proposed to be waived is part of the permit fees that are the city's cost for overhead. The -- a portion that is paid to -- by the city to independent contractors are the hard costs that are not proposed to be waived . In summary, the amount of soft costs proposed to be waived would amount to $104,208.07 and I will stand for any questions. Bird: Any questions, Council, for Steve? Okay. Siddoway: Thank you. Bird: Thank you, Steve. What's your pleasure, Council? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move that we accept the proposal and waive the soft cost fees not to exceed 105,000 dollars. Cavener: Second. Bird: Got a motion and second to approve. Any questions? Palmer: Mr. President? Meridian City Council Meeting March 7, 2017 Page 18 of 31 Bird: Mr. Palmer. Palmer: I know we jumped to a motion, but I know it's not designated as a public hearing, but I'm curious if we have interest in hearing from anybody from the public, should there be anybody that would like to testify on it, which it looks like there is. Bird: Council, what's your pleasure? My pleasure is okay. We have got a motion and a -- and a second. Cavener: I will withdraw. Bird: Do you want to withdraw your second? Cavener: I will withdraw the second. Little Roberts: I will withdraw my motion. Bird: Okay. Anybody in the public wants to testify? State your name and address, please. Wardle: Thank you, Mr. President, Members of the Council. Shaun Wardle, 2239 East Griner Street here in Meridian. Thank you for j ust a brief opportunity and thank you for holding this item over. I wasn't able to make it last week based on sort of a short agenda notice. So, I appreciate just a brief question. Actually, I have one question as I read through the staff report I noticed that there are references to things that have not taken a precedence, so one of the questions that I had either for staff or for the Council is what other fee waivers have been approved by this body for projects? Chatterton: Mr. President, Council Members, to my knowledge -- I'm not sure I have a complete list over the years, but since I have been around the Girls & Boys Club there were a considerable number of fee waivers associated with that project. I'm not recalling any other off the top of my head. Bird: Bruce, Council, I -- I know that we -- and I'm not too sure that we didn't waive some fees at certain times, even when Mr. Wardle was a councilman, but the Boys & Girls Club is the only one I think -- I know there is others. We waive fees, of course, on the schools and stuff like that, but that's -- Nary: Mr. President? Bird: -- that's just taking out of one pocket book to the other. Nary: Mr. President? Meridian City Council Meeting March 7, 2017 Page 19 of 31 Bird: Mr. Nary. Nary: Mr. President, Members of the Council, the other one that comes to mind -- and it's been a number of years -- probably five years or more -- was during the --at the peak or the valley of the recession period there was certain areas of town that we waived impact fees. Portico area was one of those. So, that was to get a stimulus opportunity. But in like recreation sense, probably, again, the school facilities. We have an agreement with them to waive those fees, as well as the Boys & Girls Club. Bird: Thank you. Sean, that's all I can -- Wardle: Thank you. I appreciate it. Bird: And I know we have -- I know we have waived fees, but I -- Wardle: So, just a quick follow up question. I guess maybe I'm not following. Only a percentage of fees that would be waived. I'm assuming that -- that if any or all of a portion of the fees are waived that the services provided under the building division fees are still going to be provided; is that correct? Okay. So, they will be provided. So, I guess my real question is who picks up the difference? Bird: The -- the only thing we are actually waiving is -- is the cost of our labor to do the administration of it. Our inspectors that do the work, the actual fieldwork, are not waving their fees. Wardle: Okay. Bird: Those fees are not being waived. So, all we are waving is what we spend with administration fees, you know, off of help working at the counter or doing this kind of stuff. We are not waving -- we are not waiving the others -- any hard costs. These are -- this is soft costs. Wardle: Okay. So, those -- so, those would be the General Fund costs or building division -- I guess -- Bird: Well, they would -- this department has turned back quite a bit of money every year to General Fund, but -- Wardle: I guess my real question is would the -- would the taxpayers be picking up the difference or is it -- Bird: No. Wardle: -- future and current building owners applying for this? Meridian City Council Meeting March 7, 2017 Page 20 of 31 Bird: This -- this department stands on their fees. Wardle: Okay. Bird: It gets little or none from the General Fund. Is that not right, Bruce? Chatterton: I’m sorry, Council Member Bird, President Bird, I -- there was a discussion going over here, so I missed the question. Bird: We are not forfeiting any money to the taxpayers -- or the taxpayers fees; right? Chatterton: No. Actually, I believe that if Todd Lavoie were here he would tell you that we have -- over the last several years has in the neighborhood of nine million dollars of fees, which are in excess of projections. Bird: Yeah. You were -- Chatterton: In excess of budget. And so, basically, is what it's doing is reducing that amount. Typically that money goes towards the Council and you all typically spend it on capital projects, often Parks and Recreation projects. So, what it's really doing is -- is reducing that amount from the development services fund by a certain extent. Bird: Yeah. Wardle: Thank you. I stand for any questions. Bird: Any questions? Palmer: Mr. President? I guess, then, to clarify, it would seem that the -- the staff time is being paid for by profits made from other developers and their projects? Bird: It's like any private business, you have profit in it. Cavener: Mr. President? Before maybe a motion is made, a question for staff. Bruce, do you recall what the -- I know that with the Boys & Girls Club project that some of those soft costs were donated, but what was the total cost of fees waived that were controlled by the city with that project? Chatterton: Mr. President, Council Member Cavener, I don't -- the amount I believe was comparable to this amount in that it was in the -- it was in the six figures -- low six figures. I don't recall the exact amount. I'm sorry, I don't recall that. Meridian City Council Meeting March 7, 2017 Page 21 of 31 Bird: Mr. Cavener, I don't recall the same amount, but we are talking about a 18 million dollar building, compared to a three million dollar building. I'm sure that it wasn't this amount, but -- Chatterton: It -- it would have been less, yes. Bird: It would have been less, but it was substantial. Cavener: Mr. President, if I may. I believe it was comparable and that's the reason that I asked is -- in making full disclosure I voted against that motion against the Boys & Girls Club, because I was concerned of the precedent that we would set as a Council. This Council made that determination that we wanted to support projects that were a benefit to our community and when I see the dollar amount that this Council's -- that's before us to potentially vote to waive is comparable to a much larger project with the same amount of fees, to me I think - - I see this as -- as a good decision, so, obviously, I will be supporting the motion. Bird: Any other questions? Discussion? If not I will entertain a motion. Little Roberts: Mr. President? Bird: Mrs. Anna. Little Roberts: I move that we approve the request to waive the indirect and soft costs not to exceed 105,000 dollars. Cavener: Second. Bird: Motion to approve and a second on waiving 105 dollars -- 105,000 dollars of soft cost fees for the YMCA building. Mr. Clerk -- Borton: Mr. President? Bird: Mr. Borton. Borton: Just brief discussion. I think it's a wonderfully noble intent. The intent is noble and I -- and I appreciate that. I can't get myself to make the findings necessary to support the motion, so -- I know that probably needs to be on the record as well what those particular findings are, but I don't think it can be done, so -- I also do think it invites a precedent that -- that we may not want to open the door to going forward. If our fees have validity in the first place and recapture costs that are necessary to recapture, so -- Bird: Any other discussion? Meridian City Council Meeting March 7, 2017 Page 22 of 31 Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, it's often cited that they are paying for a parking lot that we would normally have to pay for for a park that we are building when -- instead of trading asphalt for -- for permit fees, I'd much rather us just pay for the parking lot and not waive permit fees, even if to the same dollar amount where -- if the parking lot costs more than 105, we pay for the first 105 or figure out some way of that to just kind of keep the record straight and to solve the issues that Councilman Borton brought up that the -- the findings are hard to quantify or kind of a stretch to -- to get us there. Bird: Any other discussion? We got the motion and second. Call for the question. Mr. Clerk. Roll Call: Bird, yea; Borton, nay; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. Bird: Four to two. Passes. Thank you. MOTION CARRIED: FOUR AYES. TWO NAYS. E. Public Hearing for Destination Place No. 3 (H-2017-0013) by Fulbright Investments, LLC Located 1510 S. Celebration Avenue 1. Request: Short plat two (2) commercial lots on approximately 1.77 acres in the C-G zoning district Bird: Item E, public hearing for Destination Place H-2017-0013. I will open the public hearing and I don't think you're Mr. Parsons, but Mr. -- Bruce, you're Mr. Parsons tonight. Chatterton: Mayor Bird. I'm sorry, I just wanted to say that. Mayor Bird and Council, Destination Place No. 3 consists of 1.77 acres, zoned C-G, located at 1510 South Celebration Avenue. This proposed short plat depicts two commercial lots on, as I mentioned, 1.77 acres of land. The plat is a resubdivision of Lot 2, Block 2 of Destination Place Subdivision. All lots in the proposed subdivision comply with the dimensional standards of the C -G zoning district. A 6,200 square foot restaurant is approved and proposed to be constructed on Lot 2A. Future development of Lot 2B will require the approval of a certificate of zoning compliance and administrative design review application prior to applying for a building permit. Staff finds the proposed plat to be in substantial compliance with these requirements and recommends the approval as proposed. Carl Porter -- a written testimony. Carl Porter representing the Meridian City Council Meeting March 7, 2017 Page 23 of 31 applicant, is in agreement with the conditions of the staff report. Happy to answer any questions. Bird: Council, any questions for Bruce? Is the applicant here? If you would, please, state your name and address. Porter: My name is Gus Porter. My address is 2030 South Washington Avenue in the Emmett. Carl fell ill this afternoon, asked me to come here and take his place and stand for any questions that you may have. Bird: You agree with the staff report? Porter: We are in agreement with the staff report. Bird: Any questions for the applicant? Thank you very much. Porter: Thank you, Mr. President. Bird: Is there anybody in the public that -- this is a public hearing and would like to testify? Seeing none, Council, I would entertain a motion to close the public hearing, unless you have got -- Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we close the public hearing on Item E, H -2017-0013. Little Roberts: Second. Bird: I have a motion and a second to close the public hearing on H -2017-0013. All in favor say aye. Any opposed? Carries. MOTION CARRIED: ALL AYES. Borton: Mr. President? Bird: Mr. Borton. Borton: I move that we approve Item 8 -E, H-2017-0013, consistent with staff comments in the staff report. Little Roberts: Second. Bird: I have got a motion and a second to pass H -2017-0013. Any discussion? Seeing none, Mr. Clerk. Meridian City Council Meeting March 7, 2017 Page 24 of 31 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Finance and HR: Benefits Roadshow for FY2018 Budget Bird: Thank you. Department Reports. Item A, Finance and HR, benefits roadshow. Crystal or Todd, which one? No. Christena gets it. Barney: While they are getting my presentation set up -- good evening, Mr. Council President, Members of Council. It's nice to be in front of you this evening. I stand before you to present the first in a series of informational presentations known as the Finance and HR roadshow, which kicks off the presentations for the FY-18 budget. I will wait for them to get that up real quick. There we go. All right. Thank you. So, we have a full agenda of items to present to you this evening. I don't anticipate dominating a whole lot of your time, but this is for informational purposes. We will be communicating a lot of information that will have significant budgetary impacts. The information will be presented in a series to allow you time to process and, then, we will be back in front of you in a few weeks for some direction and guidance. So, as I said, this is the series that we will be coming into . This is the roadshow, as you call it. This evening's focus is on healthcare benefits, which is my specialty. Next week we will be back with a presentation for the city's compensation plan and, then, the following week we will be back -- Todd will be back to do the allowable three percent property tax projections and, then, receive your guidance and direction for all three topics. So, just as a reminder, it's been a little while since I have been in front of you going over benefits information , so I did want to remind you that the city does have a standard operating process . It's titled group health and related benefits policy. This policy is in place to outline the benefits that are available to city employees, who qualifies for those benefits and, then, the information we were required to provide those qualified employees. Also as a federal mandate the city complies with the requirements of the Afforda ble Care Act by offering benefits to all city employees who meet the ACA minimum eligibility and I will get a little more into it. The last bullet there. So, any employee that works 30 or more hours per week more than six months is considered benefit eligible in the eyes of the ACA and IRS. We do have a benefits committee that meets pretty much year around. You can see the committee members that are listed here. The purpose of the committee is to support and implement the strategic plan objective 3.B.1 to develop a cost- effective and comprehensive benefits plan. It is important to know as we move through the budget process that in order to continue to attract and retain high caliber employees and be a premier city, the city must have a competitive and Meridian City Council Meeting March 7, 2017 Page 25 of 31 effective benefit program in place. So, when the committee meets these are some of the goals that we strive to achieve . Create a competitive benefit package that will attack -- attract and reach and retain employees, manage costs for the city, as well as our employees, that is sustainable. Remain compliant with the ACA and, then, provide employee choice. We do currently contract with Mercer as our benefits broker. They assist us with providing market trends, comparisons, guiding and educating our benef its committee, just keeping us in the know of what the landscape looks like as healthcare is ever-changing and, then, within the last eight years they have been able to negotiate almost 900,000 dollars in premium reductions, so they have done a good job in assisting us. Some of the factors that the benefits committee has to take in consideration before they make a recommendation to Council for approval is that the benefits plan is fair and competitive, that it's fiscally responsible, it attracts -- attracts and retains. We have to consider our experience rating and I will get more into that in a minute. Employee choice and, then, ACA compliant. Those are all moving parts that have to be considered before we can make a recommendation for any benefit changes. And I'm sure you probably have all seen the hype about the new administration changes. Everything is still unclear. There was a proposal made last night, but I do want to reiterate it is a proposal at this point and I will get into a little bit more of that later in this presentation. Here is where we landed for 2017. So, our current employee benefits are in place. There were no plan design changes and you received a rate pass from all of our benefit venders for 2017. We have 368 employees enrolled in the Preferred Blue, which is the traditional medical plan and, then, we have 26 employees enrolled in the high- deductible plan, which we began last year. So, this is the second year for that plan. In 2017 -- this is just a brief breakdown of the employee premium. So, we instituted a 40 dollar employee premium two years ago and of the employees currently enrolled in the plan, 290 of them are paying zero premium. So, they were able to buy that 40 dollar premium down by wellness participation and nontobacco use. So, what does this all mean? Good news for us. Looking year over year we have increased participation in wellness programs. We have decreased sick leave usage and we have decreased our medical experience rating. Why is that important? This information helps determine an ROI for the wellness program, which appears to have a direct correlation with our medical premiums and indirectly to our productivity. We have come a long way in the wellness program and I'm very proud of what we have accomplished. Wellness, however, is an ever change -- is ever changing with the needs of the employees, regulations, et cetera. So, we will always continue to make improvements and changes to our program to accommodate the changing landscape. Rates and ratings. How are our medical rates determined? So, I have thrown out experience rating a couple times already in this presentation. It has c ome to my attention that not everyone knows what that means. Experience rating is derived from the amount of premium that the city pays to Blue Cross versus the amount of claims they pay out. That develops our experience rating and that helps determine what our premium rates are going to look like for the next year . So, I divert for a moment to give you some persp ective. A significant factor to our Meridian City Council Meeting March 7, 2017 Page 26 of 31 experience rating is how we use our medical benefits , also known as consumerism. Consumerism is knowing your benefits, knowing your treatment options and making wise decisions. For instance, if someone has a cold over the weekend, it's possible the best option is for them to wait until Monday to go see their regular physician. Second would be urgent care and most expensive , least optimal option, would be to go to the ER. Knowing available options and how they affect the premium rates will be our employees education focus for this year. So, I have discussed with Mercer some education that we are going to push out to the employees that helps them understand experience rating and consumerism and how their medical choice s affect their coworkers and the premiums that everyone pays as a whole . So, with that in mind, if we have an experience rating over a hundred percent Blue -- which means Blue Cross has paid out more in premium -- or more in claims than we have paid in premiums, we are likely going to see an increase in our experience rating and our premiums. If the experience rating is below one hundred percent, optimally at 85 percent, we will see little to no increase. Last year we were very lucky. We had 102 percent experience rating and still received a rate pass. So, last year was very nice. All of our choices as users of the benefits affects the bottom line. So, that is going to be our communication to the employees. Thankfully we were able to end 2016 calendar year with a 14-year low rating of 85.48 percent experience, which is very exciting. I'm very proud of that. However, please, keep in mind that the uncertainty of the future of the ACA may -- may have an impact on our rates as a whole. Planning and looking forward. The benefits committee will continue to meet to discuss plan design structure and funding for the coming year. Finance has budgeted a 3.02 placeholder for the FY-18 budget. There is a chart below that shows the total insurance cost from 2002 to 2016 and in the budgeted cost for 2017 and '18 taking into account the -- the placeholder. Actual 2018 rates will not be available until mid or late summer. So, I will be back to discuss those rates with you and any recommendations that the Council may have. Human resources will continue to monitor and provide a formal recommendation for the FY-80 budget as renewal rates and data become available. Just as a reminder, this is for informational purposes only and I do have a packet that you can take with you to review the information, make any notes that you may have. We will be back next week with more information on the compensation plan and, then, again, on the 21st for property tax projections and, then, seek guidance and direction at that time. Also the FY-18 budget recommendations can be updated and changed until July 19th . Thank you for your time and your attention this evening and I will stand for questions. Bird: Any questions for Christena? Little Roberts: Mr. President? Bird: Mrs. Ann -- Meridian City Council Meeting March 7, 2017 Page 27 of 31 Little Roberts: Christena, you mentioned in the beginning and I may have written it down wrong. That you -- if you're an employee for 30 hours a week or more and been six months -- Barney: Uh-huh. Little Roberts: -- I thought it was 60 days. Is it different from a municipality or are there some different levels? Barney: No. The IRS states it's 130 hours in a month. It works out to about 30 hours a week. If we -- we look at a six-month period. If we know that the employee is going to exceed the 30 hours or 130 hours in that six month period, we go ahead and deem them eligible at the time of hire. So, that we are not missing any of them or we are following all the regulations for the ACA and IRS. Little Roberts: Follow up. Bird: Go ahead. Little Roberts: Do the majority of our employees meet that? Barney: The full time, of course. We have about 90 percent or so of the seasonals that do meet that threshold. With some of the proposed changes that the Trump administration has proposed. One of them is repealing the mandate that requires employers to provide benefits for those employees . So, that -- if that goes through that may be something that we would need to come back to Council and get some guidance on. Little Roberts: Okay. Thank you. Barney: Okay. Bird: Any other questions for Christena? Christena, I got a -- it's off the subject, but in your process -- and I don't know whether you or Crystal, but I would like to know the retainage -- the turnover in our city of full-time employees. Not retirements or part-time. I'd like to know the percentage if I could get it. Barney: Okay. Certainly. Bird: Okay. Thank you. And thanks for the presentation. Barney: Of course. Thank you. B. Finance: FY2017 Fund Balance Transfer Meridian City Council Meeting March 7, 2017 Page 28 of 31 Bird: That was very informative. Council, we got Mr. Todd coming up. Or is he sending Jenny? Thanks, Christena, very much. Lavoie: Well, thank you, Mr. President, Members of the Council. Again, appreciate allowing us to present to you tonight. Again, tonight we are presenting to you the recommendation from the Finance Department to you as the Council on the amount of money to transfer from the General Fund to Fund 55, which is our capital improvement fund. You should have received some supporting documents in your Council packet that goes along with this presentation. So, again, today we are going to talk about the proposal that Finance is recommending to Council to consider for funds to be transferred from General Fund 01 to Fund 55. We are also going to talk about a proposal for funds to be transferred from the General Fund 01 to Public Safety 08 and, then, we will stand for any questions and stand for any actions that you wish to take based on these proposals that we are recommending to you tonight. So, again, the Fund 55 transfer, there is a city code, which is on the screen for you there that talks about any excess revenues generated by the Community Developm ent Department in the whole can be considered to be transferred on an annual basis to the Capital Improvement Fund for expenses to be incurred at a later date. So, we are here to inform you that the Community Development Department as -- has provided the city with excess revenues for fiscal year 2016 in the amount of 2.275 million. So, the Finance Department is in the position to make a proposal to you based on the actual results from fiscal year 2016 and we are proposing the full access revenues generated by the Community Development Department to be transferred to Fund 55 for future capital needs for the City of Meridian, which would take the current fund balance of 55 from 5.6 million to 7.9 million if the action is taken by Council to move the funds from 01 to Fund 55. Down at the bottom you will see that the General Fund generated a total excess accumulation of a little over three million, which we presented to you last month from our quarterly update. The four -- the five items that generated the three million dollars -- you can see that Community Development generated an excess revenue of 2.2. Impact fees generated an excess of 2.2. And, then, the three following items generated a net deficit of the dollar amount accordingly there. We add them all up you get your three million dollars total for our government General Fund 01. So, again, with the General Fund generating a positive position of three million overall, we do stand with the proposal to move the 2.2 from 01 to Fund 50 -- Fund 55. Apologize. Bird: Todd, can I interrupt you? Lavoie: Yes, sir. Bird: Would you explain the General Fund, the one million, what that -- what that is? That's -- isn't that a payback? Meridian City Council Meeting March 7, 2017 Page 29 of 31 Lavoie: The General Fund one million deficit would be the property tax portion of the General Fund that is going to be the expenses incurred by the General Services, the Public Safety, the Administration Department, the Parks Department. These are going to be dollars most likely spent on capital needs that were carried from year to year. So, these dollars we are t apping into the fund balance to make sure those capital items that were previously approved continue to be moved -- continued forward in fiscal '16. Bird: Thank you. Lavoie: You're welcome. Borton: Mr. President? Bird: Yes. Borton: One quick question on this slide. Impact fees are already restricted funds; correct? Lavoie: Mr. President, Councilman Borton, you are correct. All impact fees are restricted by ordinance. Therefore, the impact fees are not really up for discussion. Fund 7 stays independent to itself. So, with that we also have another proposal for you of Fund 8, which is our Public Safety Fund. Every year we present to you what we believe could occur for Fund 8. As the slide says and the document that we provided you, we do not feel that in fiscal year '16 we had excess revenues that would be comfortable to propose to you to transfer funds to Fund 8. Again, the General Fund number at the very bottom is the number that we are kind of looking at. Did the General Fund generate excess revenues to accommodate a proposal. The Finance Department at this -- at this time does not propose to transfer from 01 to Fund 08 for your Public Safety Fund. But, again, you are allowed to make a recommendation. In the documents that I have provided you were the balances for all major funds for you to consider. For the Finance Department for fiscal year '16 we are not proposing a transfer of funds from 01 to Fund 08 at this time. I can stand for any questions on Fund 8 if you have any. Bird: Any question for Todd at all? Very plain. Thank you. Lavoie: So, with that, again, there is a document I provided to you. If you wish to take action on the proposals by the Finance Department to you in regards to Fund 01, transfers to Fund 55 and fund date. Bird: Mr. Nary, do we do that -- do we have to come back with a resolution to transfer them or just a motion? Nary: Mr. President, Members of the Council, just a motion is all you need. Meridian City Council Meeting March 7, 2017 Page 30 of 31 Bird: Okay. Council, what's your pleasure? Borton: Mr. President? Bird: Mr. Borton. Borton: That seems well explained and justified. There is not a request to transfer to 08. So, it's a single request to transfer from Fund 01 to Fund 55 for capital improvements. Lavoie: Mr. President, Councilman Borton, that is correct. Borton: Mr. President, I would move to approve the recommended fund transfer from Fund 01 to Fund 055 in the amount of 2,275,054 dollars. Milam: Second. Little Roberts: Second. Bird: Okay. Got a motion and second. Any discussion? Seeing none, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics Bird: Council, that takes care of the business. We got any future meeting topics? Milam: Mr. President? Bird: Mrs. Milam. Milam: Not a future meeting topic, but just wanted to r emind everybody that there is a new artist upstairs in the gallery and that it's a beautiful exhibit and I encourage all of you to go take a look at the artwork. Bird: Thank you. Any other -- I would entertain a motion to adjourn. Milam: So moved. Cavener: Second. Meridian City Council Meeting March 7, 2017 Page 31 of 31 Bird: All in favor? MOTION CARRIED: ALL AYES. Bird: We are adjourned. 7:32. MEETING ADJOURNED AT 7:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) TAMMY -E _ RD MAYOR ATTEST: C. JAY COLES, CITY CLERK DATE APPROVED 0 ,/ city Qf 4 U ti TF9 6�0 lye' TRE AS�� Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 21, 2017 City Council PreCouncil Meeting MEETING NOTES 9 APPROVES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council PreCouncil Special Meeting February 21, 2017 A meeting of the Meridian City Council was called to order at 5:00 p.m., Tuesday, February 21, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Luke Cavener, Genesis Milam and Ty Palmer. Others Present: Bill Nary, C.Jay Coles Members Absent: Anne Little Roberts (arrived at 5:11 p.m.) Item 1: Roll-call Attendance: Roll call. O Anne Little Roberts (arrived 5:11) X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd Item 2: Adoption of the Agenda Bird: Motion to adopt the agenda. Borton: Second. DeWeerd: Motion and a second to approve the agenda. All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Executive session per Idaho Code sections 74-206(1)(d), to consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code, and 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. Bird: Motion to go into executive session per Idaho State Cord 74-206A (1)(d) and 74 206A(1)(f). Borton: Second. De Weerd: Motion and second to go into executive session. Roll Call Vote: Little Roberts, absent; Palmer, aye; Cavener, aye; Bird, aye; Milam, aye; Borton, aye. Meridian City Council Special Meeting February 21, 2017 Page 2 of 2 De Weerd: All ayes. We are in executive session. MOTION CARRIED: FIVE AYES. ONE ABSENT. (Executive session at 5:02 p.m. to 6:03 p.m.) Bird: Move to come out of executive session. Borton: Second. DeWeerd: Motion and a second to come out of executive session. All in favor? MOTION CARRIED: ALL AYES. Bird: Move to adjourn. Borton: Second. DeWeerd: Motion and a second to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:03 P.M. twdu, PA*a✓it Keir, 6 1w ATTEST: 9 CJAY COLV, CIT CLERK IESE PROCEEDINGS) 03 / 0`7 / ,�)l DATE APPROVED JA I L6' r"`` Qr O o 0 Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 21, 2017 City Council Regular Meeting MEETING NOTES c✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council February 21, 2017 Page 85 of 86 Cavener: Sounds reasonable. De Weerd: Okay. Coles: Thank you. Item 11: Future Meeting Topics De Weerd: Item 11. Future meeting topics. I think we need more topics. Just a couple of upcoming events. For -- we hope you have an interest in -- the police department award ceremony is on Thursday evening at 6:30 at West Ada district offices or at the auditorium. The FFA, get up bright and early, appreciation breakfast at 6:00 a.m. -- starting at 6:00 a.m. at the Meridian Career Technical Center. Light My Fire Banquet at Riverside Hotel on Friday, February 24th, beginning at 5:30. If you have an interest, please, call Pam Orr. And MYAC Ignite Youth is on Monday, February 27th, at 6:00 p.m. at the Idaho Party Barn, so-- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'd invite Council -- I believe March 4th is the Pipes and Drums Chili Feed over at the speedway. De Weerd: Absolutely. Cavener: Two weeks before. Make plans to attend. De Weerd: Make plans. Go taste some chili. Okay. If there is nothing further, I would entertain a motion to adjourn. Bird: So moved. Borton: Second. De Weerd: All those in favor? Aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:31 P.M. (AUDIO CO ON FILE OF THESE PROCEEDINGS) ® 63/67� -M DATE APPROVED Meridian City Council February 21, 2017 Page 86 of 86 ATTEST: C. JAY COLES, Go�Q011-1 cU ASC -4 TY CLERK 0 4 N Meridian City Council Meeting DATE: March 7, 2017 ITEM TITLE: 313 W. Cherry Avenue ITEM NUMBER: 5C PROJECT NUMBER: Agreement for Connection to Sewer Service: 313 W. Cherry Avenue MEETING NOTES u✓ APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-020199 BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/09/2017 11:20 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 AGREEMENT FOR CONNECTION TO SEWER SERVICE: 313 W, CHERRY AVENUE This REIMBURSEMENT AG E NT FOR CONNECTION TO SEWER SERVICE is made this % day of 2017, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 3 3 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Dennis and Eva Golightly, individuals whose address is 313 W. Cherry Avenue, Meridian, Idaho (hereinafter "Customers") (collectively, "Parties"), WHEREAS, Customers are the owners of parcel number R2917150050, located at is 313 W. Cherry Avenue, Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property")" WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and pursuant to such authority, the City of Meridian is abandoning the existing sewer line in the back of the Subject Property and there is an existing sewer line in front; WHEREAS, the Subject Property has a basement and the sewer service cannot gravity flow to Cherry Street, and for this reason, a sump pump must be added to allow the home to connect to the existing main; and WHEREAS, to improve efficiency and long-term viability of sewer service to the subject property and eliminate use of aging infrastructure, both Parties desire that Customers connect the building at Subject Property to the new sewer line, and City is willing to provide payment to Customers for the cost of such work, including installing the sump pump and for a limited period of future maintenance of the sump pump; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows; I. COMMITMENTS BY CITY. A. CITY TO PROVIDE PAYMENT TO CUSTOMERS. Within thirty (3 0) days of execution of this Agreement, City's receipt of W-9 form completed and signed by Customers, and City's issuance of plumbing and electrical permits pursuant to Customers' AGREEMENT FOR CONNECTION TO SEWER SERVICE 313 W. CnPRRY AVENUE PAGE I OF 5 contractors' application for same, City shall make payment to Customers in the total amount of twenty-seven thousand, nine hundred and twenty-eight dollars ($27,928.00). This amount shall represent City's total and final payment for any and all costs related to this Agreement, including plumbing work, sump pump installation, drywall and cosmetic repair, and connection of the residence at Subject Property to the new sewer line, as well as any and all future pump replacements, project management, and other miscellaneous costs to Customers. Payment of the amount set forth in this provision shall constitute City's total payment for all costs related to this Agreement; under no circumstance shall City shall be obligated to make any payment to Customers for any costs related to this Agreement over this amount. Any and all taxes due and owing to Customers under this Agreement shall be Customers' sole responsibility. B. PROVISION OF SEWER SERVICES. At all times relevant hereunder, City shall provide sewer services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. City shall bill Customers monthly for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. ABANDONMENT OF SEWER LINE. City shall abandon the sewer line on the south side of the Subject Property by or before July 1, 2017, by which time Customers' residence must be connected to the existing sewer main on the north side of the Subject Property. II. COMMITMENTS BY CUSTOMERS. A. CUSTOMERS TO HIRE CONTRACTORS. Customers shall select and hire a licensed plumber and a licensed electrician to install a sump pump and all related plumbing and electrical infrastructure necessary to connect the residence at the Subject Property to the existing City sewer line on the north side of the Subject Property. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department, and any and all other applicable rules or laws. Such work shall be completed by 5:00 p.m. on June 9, 2017. B. BUILDING PERMITS. Customers specifically agree that they will obtain, or ensure that all contractors obtain, all required permits from the Building Services Division of the City of Meridian Community Development Department prior to initiating work under this Agreement. Any and all fees applicable to required permits shall apply. City shall not release payment under this agreement until plumbing and electrical permits have issued in accordance with all applicable codes. C. PAYMENT FOR CITY SERVICES. Upon connection to the City's sewer system, Customers shall pay to City all applicable fees and costs for services provided, AGREEMENT FOR CONNECTION TO SEWER SERVICE 313 W. CHERRY AVENUE PAGE 2 OF 6 including, but not limited to, use fees, as such are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to the City's sewer system, Customers shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the sewer system between the sewer line and the building served by the City sewer system. E. WAIVER. Customers acquit and forever discharge the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees, which Customer now has or may later realize in relation to any expense of any type related this Agreement, whether such expense is foreseen, unforeseen, known, or unknown. III. GENERAL PROVISIONS. A. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. B. RECORDATION. City shall record this Agreement, at City's cost. C. NOTICES. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: If to Ci1y: If to Customers: City of Meridian Public Works Dennis and Eva Golightly Department Director 313 W. Cherry Avenue 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions AGREEMENT FOR CONNECTION TO SEWER SERVICE 313 W. CHERRY AVENUE PAGE 3 OF 6 and restrictions herein expressed. E. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. F. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. G. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Customers relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Customers, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. H. NON -WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. J. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. AGREEMENT FOR CONNECTION TO SEWER SERVICE 313 W. CHERRY AVENUE PAGE 4 OF 6 K. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian, IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date first written above. CUSTOMERS: Dennis Golightly Eva Golightly ,s j'*J61 uee����, •'.�; ti J' S Wl� •°j. '�h�N•�itif►��� CITY OF 6 BY: AGREEMENT FOR CONNECTION TO SEWER SERVICE STATE OF IDAHO ) ss: County of AA ) I HEREBY CERTIFY that on this Z Zday of -Feb , ?v17 before the undersigned, a Notary Public in the State of Idaho, personally appeared DENNIS GOLIGHTLY, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in is certifi ate st above written, Notary Public for Idaho Residing at Idaho My Commission Expires; le) /ZG Ize-0 STATE OF IDAHO ss: County of Ada ) I HEREBY CERTIFY that on this z day of 5eb , z:6 t7 before the undersigned, a Notary Public in the State of Idaho, personalty appeared EVA GOLIGHTLY, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set my h and affixedmy official seal, the day and year in this certific eirst above written. otary Public for Idaho Residing at Idaho My Commission Expires: to / 2G / 0601 Attest: -dqay Co s, City Cleric 313 W. CnERRY MENUE PAGE 5 OF/ & AGREEMENT FOR CONNECTION TO SEWER SERVICE 313 W. CHERRY AVENUE PAGE 6 OF 6 STATE OF IDAHO ) : ss County of Ada ) 'I ih IHEREBY CERTIFY that on this day of 4 rG(1 , 2017 before the undersianed, personally appeared TAMMY de -EE and C.7AY COLES, known or identified to me to be the M and City Clerk, respective y, o +�����•• the City of Meridian, who executed the instrument on behalf of •+.+•��,i'•.•+ y = the City of Meridian, and acknowledged to me that the City of Meridian • 9 • executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and r affixed my official seal the day and year in this certificate first « U; above written. •+ •• �•••A :E.° •� Notary Public for Idaho Residing at DUj(�j, CSV J , Idaho My Commission Expires: 2) ' AGREEMENT FOR CONNECTION TO SEWER SERVICE 313 W. CHERRY AVENUE PAGE 6 OF 6 Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Golden Grove Golden Grove Heartland Townhomes Property Management, LLC Water Main Easement MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 5D DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2017-020201 BOISE IDAHO Pgs=5 VICTORIA BAILEY 03/09/2017 11:21 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT HEARTLAND TOWNHOMES THIS INDENTURE, made this` day of , 20a between PROPERTY MANAGEMENT LLQ the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire 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 an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with thein maintenance, repair, replacement and subsequent connection atthe convenience ofthe GRANTEE, with -the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures, However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV, 08/15/16,doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: HEARTLAND TOWNHOMES PROPERTY 1408i&00 MANAGER JOHN A Address STATE OF IDAHO ) . ss. County of Ada ) On this 2-1— day of F , 20 t T, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN A LAUDE SR nd known or identified to me to be the P and OMPANY QPM, respectively, of the mon that executed the within instrument, and acknowledged to me that such cY executed the same. IN WITNESS WHEREOF, I have hereun o set my hand an fixed y official seal the day and year first above written. e'V TRAQ�9 IWEPEAKBB NO ARY UBL C FOR IDAHO NO ARY UBLIC Residing at: 01 �. 6 h� BTAT� OF IDAHO Commission Expires: Water Main Easement REV. 08/15/16.doc GRANTEE: , ITY OF RIDIAN �Qp,RNTEDq�cG i C11yof w IDrANi SEAQ Attest y C.JV Coles, City Clerk mR0 e rREA$V���P Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this day of�(Tajo !, 20 A-Lbef ore me, the undersigned, a Notary �� Public in and for said State, personally appeared.-ammy-deer away Coles, known 0 to me to bet e . oz -and City Clerk, respectively, of the City of Meridian, Idaho, and who l c executed the within instrument, and acknowledged tome 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, 6000 Ap (SEAL►♦♦♦� Err. ;'� •0 • • r ��rrrrrr•r♦♦ I bm-h'yu bj 0�' — NOTARY PUBL C OR IDA-00 Residing at: Commission Expires: /40 a Water Main Easement REV. 08/15/16,doe EXHIBIT Sawtooth Land Surveying, LLC 'O0 F: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, ID 83617 February 2, 2017 Golden Grove Subdivision City of Meridian Water Legal Description BASIS OF BEARINGS for this description is North 0137'07" East, between the aluminum cap marking the southwest corner of Section 28 and the aluminum cap marking the S1/16 comer common to Sections 28 and 29, both in T. 3 N., R. 1 E., B.M. A parcel of land located in the SW1/4 of the SW1/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found aluminum cap marking the southwest corner of Section 28; Thence North 0037'07" East, coincident with the westerly boundary of said SW1/4 of the SW1/4 of Section 28, a distance of 235.00 feet; Thence South 89°15'17" East, 59.21 feet to a 5/8" rebar PLS 5082 on the easterly right of way of S. Eagle Road; Thence North 4153'08" West, coincident with said easterly right of way of S. Eagle Road, 12.76 feet to a 5/8" rebar PLS 5082; Thence North 0037'07" East, coincident with said easterly right of way of S. Eagle Road, 47.22 feet to a 5/8" rebar PLS 5082; Thence North 3047'14" West, coincident with said easterly right of way of S. Eagle Road, 19.07 feet to the POINT OF BEGINNING; Thence continuing North 3147'14" West, coincident with said easterly right of way of S. Eagle Road, 20.07 feet; Thence South 89107'04" East, 139.40 feet; Thence South 0052'56" West, 20.00 feet; Thence North 89107'04" West, 137.77 feet to the POINT OF BEGINNING. The above described parcel contains 0.06 acres more or less. nolt pl. Lq/bp _ . End Description P:\2016\16213 -BAILEY ENGINEERING-GOLDENGROVE\Survey\Drawings\Descriptions\CITY EASEMENT.docx Page 11 V EXHIBIT B ro w o" 'o'CON •-� Z o � a vii •- uTiwoa � LU v� M N 00'02 F? O M „9S,ZB„0 S c O W o a o UN toZ o to Mwb�Lb£N M„s egtiN o � .9 „LQL£„O N � M„LOOZ£N 4 ZZ'L6 w �^ WZ y� C�9tYWrz 0� ZW0)Uz SONW.99 c!O SIsV8 N M W:2i W m ,00'3EZ H„LO,L£o0Nw 0 � �- 4b'Oa 370bC3 'S a m .. O O U O 0 U a a SJQv. YAR z �uI '.0 , ��' Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 5E PROJECT NUMBER: H-2017-0008 ITEM TITLE: Rainier Villas Final Order for Rainier Villas (H-2017-0008) by Intermountain Pacific, LLC Located West of N. Meridian Road, South of W. Pennwood Street and North of W. Corporate Drive MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR RAINIER VILLAS SUBDIVISION H-2017-0008 Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C FEBRUARY 21, 2017 IN THE MATTER OF THE REQUEST FOR A MODIFICATION TO RAINIER VILLAS FINAL PLAT TO REDUCE THE NUMBER OF LOTS, TO ALLOW THE ISSUANCE OF BUILDING PERMITS PRIOR TO SIGNATURE ON A FINAL PLAT AND TO CHANGE OTHER PROVISIONS OF THE FINAL PLAT. BY: SHANNON ROBNETT, ROBNETT PROPERTIES APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0008 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFCATION This matter coming before the City Council on February 21, 2017, upon the Applicant’s submittal of a final plat modification application pursuant to Unified Development Code (UDC) Table 11-5A-2 and the Council finding that the Administrative Review is complete by the Planning Division, to the Mayor and Council, and the Council having considered the requirements of the modifications, the Council takes the following action: IT IS HEREBY ORDERED THAT: The above named applicant is granted approval to modify the Rainier Villas Subdivision final plat to reduce the number of lots, to allow issuance of building permits prior to signature on the final plat, and to modify certain other provisions subject to the conditions of approval in the attached Staff Report for the hearing date of February 21, 2017, incorporated by reference. Attached: Staff Report for the hearing date of February 21, 2017 By the action of the City Council at its regular meeting on the day of C'r- CA1 2017. DATED this l day of , 2017 Attest: C. y Colu, City Clerk Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. BY: C. -nq `/ Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR RAINIER VILLAS SUBDIVISION H-2017-0008 Page 2 of 2 Rainier Villas H-2017-0008 - 1 - STAFF REPORT Hearing Date: February 21, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: H-2017-0008 – Rainier Villas I. APPLICATION SUMMARY The applicant, Shannon Robnett, has requested approval of a modification to the Rainier Villas final plat to reduce the number of approved buildable lots and modify several conditions of approval (Site Specific Conditions of Approval #9 and #14) to allow building permits to be issued before the recordation of the final plat and to delay the construction of Corporate Drive with the second phase of development. II. STAFF RECOMMENDATION Staff recommends approval of the subject application subject to the modifications listed in Exhibit D. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017- 0008, as presented during the hearing on February 21, 2017. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2017- 0008, as presented in the staff report for the hearing date of February 21, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2017- 0008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV.APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located west of N. Meridian Road between W. Corporate Drive and W. Penwood Street (parcel #S1213142120) in the NE ¼ of Section 13, Township 3 North, Range 1 West, B.M. B. Applicant/Representative: Shannon Robnett, Robnett Properties 3818 Newby Street, Suite 101 Nampa, ID 83687 C. Owner: Intermountain Pacific, LLC 2610 E. Mercutio Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Rainier Villas H-2017-0008 - 2 - V. PROCESS FACTS The subject application is for a modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. VI. LAND USE A. Existing Land Use(s): The site is currently vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant commercial property, zoned C-G South: Self-storage facility, zoned C-G East: Trade Plaza Subdivision, zoned C-G West: Vacant and developed commercial property, zoned C-G C. History of Previous Actions: In 2016 a preliminary plat was approved consisting of fifteen (15) multi-family residential lots and five (5) common lots; a conditional use permit was also concurrently approved for the property to have 90 multi-family units (H-2016-0041). Also in 2016, a final plat was approved consisting of fifteen (15) multi-family residential lots and five (5) common lots (H-2016-0107). VII. STAFF ANALYSIS As noted above, the applicant received approval to develop this property with 90 multi-family units on fifteen (15) buildable lots. After receiving development approval, the applicant is in the process of acquiring the four (4) commercial lots north of the proposed development. A pending CUP application has been heard by the Planning and Zoning Commission to increase the number of units from 90 to 180. During the hearing several requests were made by the applicant (delay construction of the roadway, allow development before the final plat records etc.) that affected the approved final plat. The Planning and Zoning Commission continued the application to March 2nd, to allow the applicant sufficient time to get a final plat modification application before City Council and address the Commission’s concerns they had with the changes being requested to the final plat. The proposed requests are consistent with the requests discussed at the Planning and Zoning Commission hearing. NOTE: A condition of approval in the pending CUP application also requires the applicant to obtain approval of a final plat modification prior to applying for a certificate of zoning compliance application. The applicant is seeking Council’s approval to reduce the number of buildable lots and modify several conditions of approval (Site Specific Conditions of Approval #9 and #14) approved with the final plat application. The modifications are desired so the applicant can: 1) Record a plat consistent with the new site layout and commence with the first phase of construction prior to recording a final plat as shown in Exhibit C and; 2) Delay the construction of W. Corporate Drive with the development of the second phase. Now that the pending project has increased in acreage and density, the project as previously approved does not comport to the approved final plat or the previous CUP site plan. Further, it is the applicant’s desire to phase the project from the north to the south. Currently, the 5.3 acre parcel, approved with the final plat, is not eligible for a building permit until a final plat is recorded. Because the scope of the project has changed significantly, the applicant would like greater flexibility with the development of the property. Staff is supportive of the requested changes based on the modifications to site specific conditions #9 and #14 as follows: 9. W. Corporate Drive and associated street landscape buffer shall be constructed in its entirety with this the second phase of development however; with the construction of the first phase of development the applicant shall provide an access to the signalized intersection of W. Rainier Villas H-2017-0008 - 3 - Corporate Drive and Meridian Road as proposed in Exhibit C. The associated landscape buffer and 5-foot detached sidewalk shall be constructed with each subsequent phase. The applicant will also be required to construct a water main through the project to complete a loop from Pennwood through the east drive access connection to W. Corporate Drive. 14. The applicant shall record the final plat prior to receiving issuance of any certificate of occupancies in the first phase of development applying for any building permits. Staff is supportive of the requested changes to the final plat. The requested changes are shown in Exhibit D. VIII. EXHIBITS A. Vicinity Map B. Approved Final Plat C. Proposed Multi-family Development Site/Phasing Plan D. Modifications to the Final Plat Note Rainier Villas H-2017-0008 - 4 - A. Vicinity Map Rainier Villas H-2017-0008 - 5 - B. Approved Final Plat Rainier Villas H-2017-0008 - 6 - C. Proposed Plat/Phasing Plan Rainier Villas H-2017-0008 - 7 - D. Modifications to the Final Plat 9. W. Corporate Drive shall be constructed in its entirety with this the second phase of development however; with the construction of the first phase of development the applicant shall provide an access to the signalized intersection of W. Corporate Drive and Meridian Road as proposed in Exhibit C. The 20-foot wide landscape buffer and 5-foot detached sidewalk shall be constructed with each subsequent phase. 14. The applicant shall record the final plat prior to the issuance of any certificate of occupancies in the first phase of development. Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 5F PROJECT NUMBER: H-2016-0060 ITEM TITLE: Silverstone Apartments AMENDED Findings of Fact, Conclusions of Law and Order for Silverstone Apartments (H- 2016-0060) by DevCo, LLC Located 4225 E. Overland Road MEETING NOTES C✓i APPMED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 - 1 - CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use Regional and to change the land use designation on 42.18 from Boise’s “Suburban” Comprehensive Plan Land Use designation to Medium Density Residential by DevCo, LLC. Case No(s ). H-2016-0060 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) (AMENDED Findings on March 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 2016, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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. CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 - 2 - 6. That the City has granted an order of approval of the annexation and zoning request 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference. 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 an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 2. The applicant’s request for annexation and zoning was approved with a C-G zoning district, with the provisions noted in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 3. The applicant’s request for a conditional use permit is hereby approved based on the findings in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). 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 (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 16, 2016 By ction of the City Council at its regular meeting held on the 7 day of 2646, COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED &4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y10Z COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED !er COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED e� 13iwj Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: G • : O c- Dated: City, Office CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 -3- Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 1 STAFF REPORT Hearing Date: August 16, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Silverstone Apartments – AZ, CPAM, CUP (H-2016-0060) Note: This project was heard on July 7, 2016 by the Planning and Zoning Commission. During the hearing, public testimony inadvertently excluded the 42.18 acres from the applicant’s CPAM request. The applicant’s application materials clearly stated their intent to include the 42.18 acres that was originally part of the City of Boise’s AOCI. Further, the applicant has received approvals from the City of Boise and correspondence from our Public Works Department that support the inclusion of this property. The Clerk’s office noticed the property as such and all of the notices to the adjacent property owners included the correct information. To ensure the public record reflects the entire scope of the CPAM application, staff has updated the staff report that includes the 42.18 acre property as part of the CPAM application. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for the following:  An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed Use-Regional (MU-R); and 42.18 acres to the Medium Density Residential Comprehensive Plan Land Use designation.  Annexation and zoning (AZ) of 14.41 acres of land from the RUT zoning district in Ada County to the C-G zoning district;  Conditional use permit (CUP) for a multi-family development consisting of 312 dwelling units in the C-G district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: Donna McDonald, iii. Commenting: Gary Glenn, Jerrod Jenkins iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 2 i. Traffic on Overland Road ii. Access to Overland Road c. Key Issues of Discussion by Commission: i. Design of the apartment ii. Access to Overland Road iii. Amenities provided with the development iv. Appropriateness of this property as part of the large Mixed Use designation d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 16, 2016. At the public hearing, the Council approved the subject AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: None iii. Commenting: Lee Colson iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0060, as presented in the staff report for the hearing date of July 7, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0060, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0060 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4225 E. Overland Road, in the NE ¼ of Section 21, Township 3N., Range 1E. B. Owner(s): Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 3 William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Meridian, ID 83706 D. Representative: Conger Management Group 4824 W. Fairview Ave Meridian, Idaho 83706 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 20 and July 4, 2016 (Commission); July 25 and August 8, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: June 10, 2016 (Commission); July 21, 2016 (Council) D. Applicant posted notice on site(s) on: June 24, 2016 (Commission); August 1, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural production, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: Commercial property in the Silverstone Business Park, zoned C-G C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road. c. Issues or concerns: None Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 4 E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Creek is south of the proposed development and should not impact the development of this property however, there is a smaller drainage ditch that needs to be relocated or tiled with the development of the multi-family project. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of the site along the Eight Mile Creek is located in the Meridian Floodplain Overlay District. It appears the area proposed for the multi-family project is outside of this area. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. See Exhibit A.2 for current FLUM. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed-Use Regional (MU-R) and 42.18 acres to Medium Density Residential Land Use designation. Mixed-Use Regional: The purpose of the Mixed-Use Regional designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 (Below). Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 5 Medium Density Residential: The purpose of the Medium Density designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. TRANSPORTATION: The Master Street Map depicts a future north/south collector road in this area. The construction of this roadway is not proposed with the development of the multi-family development however, the proposed concept plan identifies a future road connection to Overland Road farther to the east. Although the applicant is proposing Overland Road access with the multi- family development, to increase inter-connectivity as envisioned in the Comprehensive Plan, staff recommends that the applicant grant cross access to the properties to the east and south with the development of the multi-family project. Further, the one access point to Overland Road is predicated on ACHD and City Council granting the approval. The transportation system for the MDR portion of the site will be reviewed with a future development application. DESIGN: The design of future structures on this site are required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MU-R designation. In order for the development to be considered integrated with the adjacent MU-R designated property to the west, the proposed mixed use area (multi-family and future commercial development) should be cohesive in site layout and architectural design of the business park to the west. The proposed concept plan depicts a multi-family development and future commercial property. The multi-family portion of the plan depicts 15 multi-family residential structures, containing a total of 312 dwelling units at a net density of 23.2 units/acre. The proposed density falls within the density range (6 to 40 units/acre) desired in MU-R designated areas. The commercial portion depicts ten (10) buildings, including a portion of which falls within the jurisdiction of the City of Boise’s Area of City Impact. These buildings vary in size from 40,000 s.f. to the smallest pad site of 3,500 s.f. The proposed plan depicts future layout, future connectivity to a public road road and internal connectivity (vehicular and pedestrian) with the multi-family development. In general, staff is supportive of the concept plan however; staff would encourage the applicant align the driveway between the future commercial and multi-family on the east boundary with the drive aisle between buildings D and F. There is not development proposed for the MDR portion of the site, At this time, the applicant is only requesting a land use designation. Staff anticipates more details of how this property will develop with a future development application. 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):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed multi-family residential development will contribute to the variety of residential uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how “affordable” the units will be. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 6  “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to the Silverstone Business Park, nearby shopping centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for providing higher density housing options.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed multi-family development is located in close proximity to major access thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The existing rural residential properties to the north are across a major arterial roadway and should not be impacted by the proposed multi-family development on the south side of Overland Road.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.5.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to ensure a wide variety of housing types can be developed and properly zoned and land is available” (3.07.01A) The area in the vicinity of Eagle Road and the I-84/Eagle Road interchange is limited in housing options. The proposed project would promote housing diversity and provide greater opportunities for residents to live near their place of employment and shopping centers.  “Adopt land use designations that will allow for housing opportunities for all income levels.” (3.07.01D) Few of the major employment areas within the City are adequately supported with enough housing options. Density near employment centers allow for workforce housing and promote community resiliency, potentially reducing commute times and expenses, and allowing for increased community and economic engagement.  “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscape buffer is required along E. Overland Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets.  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The development of multi-family homes on this site will contribute to the variety of housing types available in this part of the City. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 7  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The applicant has indicated that they will construct an access to the existing stub street at E. Pewter Falls Street. The proposed access to Overland Road is predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval.  “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) Curb, gutter and sidewalks already exist along E. Overland Road. Portions between the curb and the sidewalk are improved with gravel. With the development of the multi-family project, the applicant should replace the existing gravel with vegetative groundcover in accord with UDC 11-3B-7C. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Map Amendment, Annexation and Conditional Use Permit would not unconstitutionally violate private property rights. A neighborhood meeting was held on April 27, 2016 of which 4 people attended (see sign-up sheet included in application). b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. A letter was received from the West Ada School District stating that the proposed development is predicted to generate approximately 250 school aged children (spread over all grade levels) which West Ada School District claims will have a significant impact on schools in the district most of which are already operating at or over capacity. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, medical and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 8 adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for Medium-Density Residential uses. However, because the site is located near major transit corridors (I-84 and Eagle Road/SH-55) and commercial and employment uses and services, Staff finds the proposed MU-R designation is appropriate for this site. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/SH-55 and I-84) should provide efficient and safe transportation to and from the development. With the development of the multi-family project the applicant will need to construct an access road that connects the proposed multi-family development with E. Pewter Falls Street to facilitate access to a signalized intersection. The proposed development is also within walking and biking distance of many services, employment centers, public transit and public parks. The mixed use standards encourage integrated transportation connections. Additional access for the area, as shown on the concept plan, will be provided when the surrounding properties are developed and reviewed and approved with future development applications. j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. However, the site is located within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.) k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 9 l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for residential uses. The applicant proposes to change the land use designation on this property to MU-R and develop multi-family residential uses on the site at a gross density of 23.2 units/acre. Under the mixed use standards it is anticipated that future residential development will range in densities between 6 to 40 dwelling units to the acre. Staff believes the proposed change will provide housing opportunities near employment, shopping and medical services in close proximity to major transportation corridors (i.e. I-84 and Eagle Road/SH-55). m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a high- density residential development consisting of 15 buildings with a total of 312 residential units. To ensure quality design, all future structures will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. n. Agriculture The subject amendment will impact areas being used for farming activities. The multi-family development will be constructed on land that was previously used as farm land. o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road/SH-55 and I-84, major transportation corridors in the City, and is in close proximity to shopping, employment and service uses, staff believes the MU-R and MDR designations and proposed development is appropriate for this property. If the change to the FLUM is approved, the proposed development will contribute to the mix of housing types in this area at a density desired in MU-R designated areas. The development will also provide housing options near commercial and employment areas located along Eagle Road and in the general vicinity. Convenient access to services and jobs for residents would also be provided. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (C-G): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 10 districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in11-4-3-27C and 11-4-3- 27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the property is not in a residential district. F. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 25.97 acres of land from Medium-Density Residential to Mixed Use- Regional. A concept plan for the entire proposed MU-R area was submitted with the subject application. The concept plan depicts a mixed use development consisting of ten (10) commercial buildings ranging in size from 40,000 square feet to 3,500 square feet, access to the future development and various other commercial site improvements and a 312 unit multi-family development. This is a first phase of a much larger development that is slated for a future application submittal (see applicant’s narrative for details). Note: Some of the area still remains within the City of Boise’s Area of City Impact as shown in Exhibit A.3. Prior to submitting an application to the City of Meridian, the applicant reached out to Boise City to determine the likelihood of being able to provide utilities to the 42.18 acres proposed to be included in the Comprehensive Plan Future Land Use Map. (The property to be included in the Comprehensive Plan Future Land Use Map is indicated in a purple box in Exhibit A.2). It was determined that Boise City could not provide utilities for the property in question. In a letter dated January 20, 2016 sent to Cody Riddle, the Current Planning Manager for Boise City, Warren Stewart of the City of Meridian indicated that the area in question was included in Meridian’s Master Planning for Sanitary Sewer and Water Services and that the property is serviceable by the City of Meridian (see Exhibit A.7). Subsequently, Boise’s City Council de-annexed the subject property on April 19, 2016 and a letter was sent to the applicant stating such (see Exhibit A.8). The applicant is now requesting to include this 42.18 acre parcel into the City of Meridian’s Comprehensive Plan Future Land Use Map with the MDR land use designation. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 11 B. Annexation & Zoning (AZ): The applicant requests approval to annex and zone 14.41 acres of land with a C-G zoning district consistent with the proposed FLUM designation of MU-R to develop the multi-family portion of the property. In the application submittal, the applicant did submit a tentative approval letter from Ada County Development Services approving a property boundary in the configuration of the proposed development. Staff recommends that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. C. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed C-G zoning district as required by UDC Table 11-2A-2. The multi-family residential development is proposed to consist of 312 dwelling units within (15) 3-story structures on 13.51 acres of land. The units will consist of 204 2-bedroom units and 108 1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, and enclosed bike storage with a covered patio. Associated garage (15) and carport structures (25) are also proposed (see site plan in Exhibit A.4). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The patios proposed with the submitted floor plans do not comply with the required 80 s.f. of private open space per unit. At the time of Certificate of Zoning Compliance submittal, the applicant shall revise the floor plans to meet this requirement.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The submitted site plan shows the property management office, maintenance storage area, mailbox location. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map.  At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 12 Because all of the proposed units (312) contain between 500 and 1,200 square feet of living area, a minimum of 78,000 s.f. (or 1.79 acres) of common open space is required to be provided. A total of 2.55 acres of passive and active open space is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 111,383 s.f. of common open space is proposed.  For multi-family developments with more than one hundred (100) units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 312 units are proposed, the Commission should determine if the number of amenities is proportionate to the size of the proposed development each from at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide the following amenities: 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children’s play structure, 5) a 50’x 100’ open grassy area, and 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business center (within the clubhouse) which fall under the quality of life and recreation categories. The applicant has provided seven (7) amenities as detailed above. Staff believes the applicant has provided sufficient amenities for the size of the proposed development.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Overland Road.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application or prior to issuance of Certificate of Occupancy at the latest. Access: The primary entrance for the development is from E. Overland Road. The applicant has also proposed cross-access to the future commercial development to the east and depicts a road to the southwest corner of the apartments that will provide access to an existing stub street (E. Pewter Falls Street) from the Silverstone Campus Subdivision. The Master Street Map depicts a collector street from E. Overland Road through the proposed development. The applicant proposes to move the street farther east, to align with the future commercial. This would also provide access to future residential development to the south with a future development application. ACHD is currently analyzing this request with the applicant’s traffic impact study. At the time of this staff report, staff had not received comments from ACHD on the access points to the proposed development. Staff anticipates ACHD’s comments prior to the Council hearing. With the first phase of development, staff recommends that the applicant construct a southern access from the multi-family development to connect to E. Pewter Falls Street. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 13 Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. The proposed multi-family development consist of 108 one-bedroom units and 204 two-bedroom units bedroom units. A total of 332 covered spaces and 256 open spaces are proposed. The number of covered and open parking stalls proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required t o be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 588 vehicle spaces proposed to be provided on the site, a minimum of 24 bicycle spaces are required. The applicant proposes a total of 190 bicycle parking spaces in bicycle racks dispersed throughout the site in compliance with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as proposed. A 25-foot wide buffer was created with the Silverstone Campus Subdivision on the west boundary. Per the multi-family standards a minimum of a 10- foot wide setback is required along the perimeter of the project which should provide additional buffering for the residential units proposed next to the west boundary. Street buffer landscaping along E. Overland Road is required as set forth in UDC Table 11-2B-3. A 35-foot wide buffer is required along E. Overland Road, an entryway corridor. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Fencing is not permitted within the required 35 foot landscape buffer along E. Overland Road. The gated entry off of E. Overland Road must be removed. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A- 12B. Five trash enclosures are depicted on the site. The number of enclosures, sizes and locations should be approved by Bob Olsen, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi-family structures and clubhouse. (see Exhibit A.6). The applicant did not provide elevations of the garages or the carports. Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 14 Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City’s design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. In summary, Staff recommends approval of the proposed CPAM, AZ and CUP applications with the conditions included in Exhibit B and approval of the proposed AZ application with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM 3. Conceptual Area Plan (dated: 1/27/16) 4. Site Plan (dated: 11/18/15) 5. Landscape Plan (dated: 1/29/16) 6. Conceptual Building Elevations (dated: 6/27/15) 7. Letter from Warren Stewart (Meridian) 8. Letter from Cody Riddle (Boise) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code - 1 - Exhibit A.1: Zoning & Aerial Maps - 2 - Exhibit A.2: Existing & Proposed FLUM - 3 - Exhibit A.3: Conceptual Area Plan (dated: 1/27/16) Comp Plan Amendment CUP/ Annexation Boise City, Not a Part - 4 - Exhibit A.4 CUP Site Plan (dated: 11/18/15) - 5 - - 6 - Exhibit A.5: Landscape Plan (dated: 1/29/16) - 7 - - 8 - - 9 - Exhibit A.6: Conceptual Building Elevations (dated: 1/27/16) - 10 - - 11 - - 12 - - 13 - Exhibit A.7: Letter from Warren Stewart (Meridian) - 14 - Exhibit A.8: Letter from Cody Riddle (Boise) - 15 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to applying for a building permit. b. The record of survey for the reconfiguration of the property boundary shall be recorded with the County prior to approval of the annexation ordinance. c. Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in Exhibit A and the conditions contained herein. d. A maximum of 312 residential dwelling units shall be constructed within this development. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. f. A 35-foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. g. Site amenities shall be provided for this development from each of the amenity categories as follows: a tot lot with a children’s play structure and a pool; a 50’x 100’ open grassy area as an open space amenity; and a fitness facility, enclosed bike storage, conference/business center and clubhouse as quality of life amenities, in accord with the standards listed in 11-4- 3-27D. h. Cross-access shall be granted to the properties to the east and to the south for future inter- connectivity. The recorded cross access agreement shall be submitted with the first certificate of zoning compliance application. i. With the first phase of development for the multi-family, the applicant shall construct a southern access to connect to E. Pewter Falls Street as shown in the attached Exhibit. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 1.1.3 The landscape plan included in Exhibit A.3, dated January 29, 2016, is approved with the conditions contained herein. 1.1.4 The site plan included in Exhibit A.4, dated November 18, 2015, shall be revised as follows: a. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. - 16 - b. Parking shall comply with the standards listed in UDC 11 -3C-6 for multi-family dwellings and for the clubhouse listed in UDC 11-3C-6B. c. With the first phase, construct an access from the southwest corner of the Silverstone Apartments property to the existing stub street (E. Pewter Falls Street) in the Silverstone Campus Sub. d. Include a detail of the trash enclosures. e. Remove the gate from the E. Overland Road access. f. Remove the fencing from the required 35 foot landscape buffer or relocate to the interior edge of the street buffer. g. The cross access drive on the east boundary of the multi-family development shall shift to the south and align with the drive aisle between building D and F. 1.1.5 Submit a detail of the proposed children’s play equipment for the tot lot with the certificate of zoning compliance application. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.7 The submitted floorplans do not provide the required 80 square feet of private open space per unit. With the CZC submittal, the applicant shall submit floorplans that meet the requirements as set forth in UDC 11-4-3-27. 1.1.8 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.1.9 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.10 The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A copy of the document(s) shall be submitted with the first Certification of Zoning Compliance application. 1.1.11 Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. 1.1.12 Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. 1.1.13 The applicant shall obtain a Council waiver for the access to Overland Road in accord with UDC 11-3A-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. - 17 - 1.2.4 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as proposed on the site plan. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. - 18 - 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.3 Provide a water main stub to the southern project boundary in the newly required stub street. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c) 1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final p lat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. - 19 - If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4(b). 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill mat erial. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by - 20 - the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) - 21 - 4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.11 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.14 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has requested details of the trash enclosures. Please coordinate with Bob Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT At the time of the Commission hearing, staff had not yet received a staff report from ACHD regarding this application. - 22 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary - 23 - - 24 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds that the proposed changes, as recommended by staff, to the Future Land Use Map are generally consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use - Regional uses will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses if the applicant complies with the conditions in Exhibit B. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed multi-family development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Council finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING 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, the - 25 - Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds that the proposed map amendment to C-G is consistent with the proposed MU- R FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statements of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considered all oral or written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B and enters into a development agreement. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposed multi-family residential use in the C-G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the - 26 - general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the general design, construction, operation and maintenance of the multi- family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. Council considered all public testimony that was presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: US 20/26 US 20/26 Corridor Environmental Assessment Letter MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS M�IE IDNI AAN.� February 28, 2017 Adam Rush Public Involvement Coordinator Idaho Transportation Department 3311 W. State Street Boise, ID 83707-1129 Dear Mr. Rush: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts f The City of Meridian has reviewed the Environmental Assessment (EA) for the US 20/26 Corridor Study, I-84 to Eagle Road, and respectfully submits this letter. Efficient movement of commuters, goods, and services into and through this area is currently hampered due to the current lane configuration of US 20/26 (Chinden Boulevard). The City of Meridian has been actively working to ensure traffic concerns for the area are addressed more immediately, specifically the widening of Chinden to accommodate the current traveling public in a way that meets the safety, mobility, as well as the economic development needs of all. The City is generally supportive of the Corridor Study and the associated EA; however, we have received concerns from adjacent property owners about the impact of the Continuous Flow Intersection (CFI) shown at the Chinden/Linder intersection. The CFI's footprint significantly impacts all of the adjacent properties, essentially decimating landscape buffers. Further, the CFI design unnecessarily restricts access to adjacent properties. It is our hope that as the trigger date for construction of the intersection improvement nears; another more innovative and property owner friendly solution will develop. Our number one priority is obtaining immediate capacity improvements to the corridor. Unfortunately, many improvements called for in the Corridor Study are decades away. We support ITD in the development of a short and long-term phasing plan for widening the travel lanes and intersections along this corridor, but more needs to be done sooner. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8116 . www.meridiancity.org Adam Rush Page 2 After the EA is approved, we encourage ITD to identify funding sources and begin programming and making additional improvements to the corridor as soon as possible. We appreciate the vision the ITD Board has shown in the past by maximizing transportation investments that bring about economic opportunities and long-term viability. Improving the US 20/26 corridor will spur development of underutilized lands and provide public-private partnership opportunities. But the benefits from the project will not be Meridian's alone; benefits of this project will be felt regionally and beyond. Chinden Boulevard is a critical mobility corridor in our region and the State of Idaho and both of our agencies have a vested interest in its function. It is important to our region to have an efficient, effective, and integrated roadway network to transport goods and services. We applaud the efforts of ITD, to look for funding opportunities that address the transportation improvements necessary to realize economic growth and long term viability of our region and the State of Idaho — sooner rather than later. Tarhriv de Weerd Luke Cavener Council Member Keith Bird ��Borton City Council President Council Vice President G Genesis Milam Pouncil mer Anne Little Roberts Council Member Member Council Member cc: Greg Vitley, ITD Environmental Engineer Marc Danley, District 3 Project Manager Amy Revis, District 3 Engineer ITD Board Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Reta Huskey Park Gift Deed from Thomas Coleman for Refa Huskey Park MEETING NOTES u APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS When recorded, please return to: Meridian City Clerk 33 East Broadway Avenue Meridian, Idaho 83642 1-1�? 3�F4 (�-T ADA COUNTY RECORDER Christopher D. Rich 2017-020237 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 03/09/2017 12:06 PM TITLEONE BOISE $13.00 GIFT DEED Toll ID I LLC, an Idaho limited liability company ("Grantor") hereby grants and conveys unto the City of Meridian, an Idaho municipal corporation, whose current mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Grantee"), all of Grantor's right, title and interest in that certain real property located in Ada County, Idaho, legally described as ("Property"): Lot 28 in Block 5 of Isola Creek Subdivision No. 4, according to the official plat thereof recorded in the real property records of Ada County, Idaho. 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. 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. s1:Z►_�c STATE OF IDAHO ss. County of Ada TOLL ID I LLC, an Idaho limited liability company B Y• Thomas M. Coleman, Jr. Division President On this toy day of March, in the year of 2017, before me, rRAN1i(Lj9 u. ��� , a notary public, personally appeared Thomas M. Coleman Jr., known or identified to me to be the Division President of Toll ID I LLC, an Idaho limited liability company, the company that executed the instrument on behalf of said company and acknowledged to me that such ny executed the same in said company name. G �M1Mapti a6 O AG 04"V N ° ° ° 4( PU'5%, ��gQ",gm GIFT DEED 13576304-1[13613-1] a rry'P for Idaho i iding at: darn o y commission expires: C)51 31 12618 PAGE 1 OF 2 When recorded, please return to: Meridian City Clerk 33 East Broadway Avenue Meridian, Idaho 83642 1-7b Lt GIFT DEED Toll ID I LLC, an Idaho limited liability company ("Grantor") hereby grants and conveys unto the City of Meridian, an Idaho municipal corporation, whose current mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Grantee"), all of Grantor's right, title and interest in that certain real property located in Ada County, Idaho, legally described as ("Property"): Lot 28 in Block 5 of Isola Creek Subdivision No. 4, according to the official plat thereof recorded in the real property records of Ada County, Idaho. 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. 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. GRANTOR: STATE OF IDAHO ss. County of Ada TOLL ID I LLC, an Idaho limited liability company ME r" r Thomas M. Coleman, Jr. Division President On this day of March, in the year of 2017, before me, RAKVWi , a notary public, personally appeared Thomas M. Coleman Jr., known or identified to me to be the Division President of Toll ID I LLC, an Idaho limited liability company, the company that executed the instrument on behalf of said company and acknowledged to me that such company executed the same in said company name. „ ,,,,nrrrrrerr -tA G g I U P4 rjB o0 Dtar✓ 'Publ c for Idaho � iding at: y commission expires: o5l 1� ° 2CA GIFT DEED PAGE 1 OF 2 13576304-1[13613-1] ACCEPTANCE The undersigned Grantee hereby agrees to accept title to the Property described in the Gift Deed. Dated this :2_ day of M a"/ C'4I , 2017. CITY OF MERIDIAa1dahn ''palcorporation CD Ey. +armr�-de- 34eefd7 Keith Bird, Council "Of ATTEST: Ci Clerk STATE OF IDAHO ) ss. County of Ada ) President AIVIN On this day of ��(�� , 2017, before me, L\AaVV_ W , a_ Cp��U Notary Public in and for said State, personally appeared-ummy4e-� an ZTTay own or — �� identified to me to be the ayor-and the City Clerk, respectively, of the City of Meridian, and the 13� persons who executed the instrument on 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. gL • p T4OF ID ; • :•meq .�tIBLIG,,,o ••••••rrrrr• GIFT DEED 13576304-1 [13613-1] ox\ft" w ` T. Notary Public for Idaho Residing at: My commission expires: a.`� aO - PAGE 2 OF 2 Commonwealth 'F 4771, TM F, P7IURANC£ COMPANY Policy No.: ID0001-81-17286784-2017.81306-210908654 OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. Form 81306 Dbl Cover — ALTA Owner's Policy (06/17/06) Reorder 1190-127 NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By -Laws. Form 81306 Dbl Cover — ALTA Owner's Policy (06/17/06) Reorder 1190-127 NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 COMMONWEALTHLAND TITLE INSURANCE COMPANY L� yjr �re Authorized Signatory�o•.., 1 x, SEAL,s I { tri : �� JHf@RASxPs `` s_. �Il<�lii / 00001.0 17286784 TitleOne Corporation 1101 W. River Street, Suite 201 Boise, ID 83702 Tel: (208)424-8511 Fax: (208)424-0049 Form 81306 Dbl Cover — ALTA Owner's Policy (06/17/06) Reorder 1190-127 NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed Form 81306 Reorder 1190-127 improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or Dbl Cover — ALTA Owner's Policy (06/17/06) NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, Form 81306 Reorder 1190-127 unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. Dbl Cover — ALTA Owner's Policy (06/17/06) NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. Form 81306 Reorder 1190-127 All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at: P.O. Box 45023, Jacksonville, FL 32232-5023. Dbl Cover — ALTA Owner's Policy (06/17/06) NJRB 1-15 Effective: 2/15/07 Revised: 9/10/07 File Number: 17286784 Policy Number: 81306-210908654 0 TitleOne TitleOne Corporation Authorized Agent for: Commonwealth Land Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Commonwealth Land Title Insurance Company 601 Riverside Avenue, Building 5, 4th Floor Jacksonville, FL 32204 File Number: 17286784 Policy Number: 81306-210908654 Date of Policy: March 9, 2017 at 12:06PM Amount of Insurance: $789,990.00 Premium: $2,308.00 Property Address Reference: 1. Name of Insured: City of Meridian TBD W Tubac Drive, Meridian, ID 83646 2. The estate or interest in the land that is insured by this policy is: Fee Simple 3. Title is vested in: City of Meridian, an Idaho municipal corporation 4. The Land referred to in this policy is described as follows: See Attached Schedule C TitleOne Corporation By: Scott Thiel, Authorized Signatory ALTA Owner's Policy (6117106) File Number: 17286784 Policy Number: 81306-210908654 SCHEDULE B Exceptions from Coverage File Number: 17286784 Policy Number: 81306-210908654 ALTA Owner's Policy (6117106) This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the Public Records, 3. Easements, or claims of easements, not shown by the public records. 4, Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or by the public records. 7. Taxes, including any assessments collected therewith, for the year 2017 which are a lien not yet due and payable. Note: New Parcel number for the year 2018. Parcel Number: R4344440270 8. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. None are due and payable. 9. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District (208-466-7861) and is subject to any assessments levied thereby. None are due and payable. 10. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any assessments levied thereby. None are due and payable. 11. Right-of-way for Creason Lateral and the rights of access thereto for maintenance of said lateral, 12. Right-of-way for Five Mile Creek and the rights of access thereto for maintenance of said creek. 13. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded January 4, 1889 in Book 2 of Patents, at Page 145, records of Ada County, Idaho. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a Deed. Granted to: The United States of America Purpose: construct, operate and maintain a drainage ditch known as Five Mile Drain Recorded: June 27, 1916 Instrument No.: 64773 Book 120 of Deeds at Page 219, records of Ada County, Idaho. File Number: 17286784 ALTA Owner's Policy (6117106) Policy Number: 81306-210908654 15. An easement for the purpose shown below and rights incidental thereto as set forth in a Deed. Granted to: The United States of America Purpose: construct, reconstruct, operate, maintain and repair an irrigation canal known as Creason Lateral Recorded: July 21, 1917 Instrument No,: 70082 Book 125 of Deeds at Page 271, records of Ada County, Idaho. 16. Terms and provisions contained in an Agreement by and between United States of America, Nampa & Meridian Irrigation District and Chas. C. Tobias and Mrytle M. Tobias, his wife. Recorded: March 1, 2017 Instrument No.: 73946 Book 7 of Contracts at Page 603, records of Ada County, Idaho. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a Sewer Easement. Granted to: City of Meridian, State of Idaho, a municipal corporation Purpose: construction, operation and maintenance of a sanitary sewer line Recorded: January 11, 1978 Instrument No.: 7801819, records of Ada County, Idaho. 18. Terms and provisions contained in a Master Pathway Agreement by and between Nampa & Meridian Irrigation District and City of Meridian, a municipal corporation. Recorded: December 26, 2000 Instrument No.: 100102999, records of Ada County, Idaho; Terms and provisions contained in an Agreement by and between Nampa & Meridian Irrigation District and City of Meridian, a municipal corporation, Recorded: November 4, 2016 Instrument No.: 2016-106889, records of Ada County, Idaho. 19. An easement for the purpose shown below and rights incidental thereto as set forth in a Sanitary Sewer Easement. Granted to: City of Meridian, a municipal corporation Purpose: construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement Recorded: August 13, 2001 Instrument No.: 101082231, records of Ada County, Idaho. 20. Terms and provisions contained in an Ordinance No. 13-1545. Recorded: February 28, 2013 Instrument No.: 113021826, records of Ada County, Idaho. 21. Terms and provisions contained in a Development Agreement by and between City of Meridian, a municipal corporation, Leonard Huskey Estate and Coleman Homes, LLC. Recorded: February 28, 2013 Instrument No.: 113021828, records of Ada County, Idaho. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a Grant of Easements. Granted to: Isola Creek LLC, an Idaho limited liability company Purpose: constructing, operating, maintaining, improving, repairing, reconstructing, and replacing pressurized irrigation equipment and related facilities Recorded: April 3, 2013 Instrument No.: 113035721, records of Ada County, Idaho, File Number: 17286784 Policy Number: 81306-210908654 ALTA Owner's Policy (6117106) 23. Terms and provisions contained in a License Agreement by and between Nampa & Meridian Irrigation District and Isola Creek LLC, an Idaho limited liability company. Recorded: May 24, 2013 Instrument No.: 113056908, records of Ada County, Idaho; Terms and provisions contained in an Addendum to License Agreement by and between Nampa & Meridian Irrigation District and Isola Creek, LLC, an Idaho limited liability company. Recorded: May 9, 2014 Instrument No.: 114035135, records of Ada County, Idaho. 24. Terms and provisions contained in a Construction Contract for Urban Irrigation System in Isola Creek Subdivision No. 1 by and between Nampa & Meridian Irrigation District and Isola Creek LLC, an Idaho limited liability company. Recorded: May 28, 2013 Instrument No.: 113057767, records of Ada County, Idaho; Addendum to Construction Contract for Urban Irrigation System in Isola Creek Subdivision No. 1 to Include Isola Creek Subdivision No. 4. Recorded: July 11, 2016 Instrument No.: 2016-061075, records of Ada County, Idaho; Bill of Sale for Isola Creek Subdivision No. 4 Recorded: July 11, 2016 Instrument No.: 2016-061076, records of Ada County, Idaho. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a Permanent Easement. Granted to: Ada County Highway District Purpose: placement of Public Rights -of -Way, construction, reconstruction, operation, maintenance and placement of a Highway and any other facilities or structures incidental to the preservation and improvement of the Highway and statutory rights of ACHD Recorded: May 30, 2013 Instrument No.: 113059371, records of Ada County, Idaho. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a Fiber Optic Line Easement. Granted to: City of Meridian, Ada County, Idaho Purpose: construction and operation of a fiber optic line and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of fiber optic line Recorded: July 23, 2014 Instrument No.: 2014-058444, records of Ada County, Idaho. 27. An easement for the purpose shown below and rights incidental thereto as set forth in a Permanent Easement, Granted to: Ada County Highway District Purpose: placement of a Public Rights -of -Way, construction, reconstruction, operation, maintenance and placement of a Highway and any other facilities or structures incidental to the preservation or improvement of the Highway and statutory rights of ACHD Recorded: November 18, 2015 Instrument No.: 2015-105917, records of Ada County, Idaho. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a Permanent Easement. Granted to: Ada County Highway District Purpose: placement of a Public Rights -of -Way, construction, reconstruction, operation, maintenance and placement of a Highway and any other facilities or structures incidental to the preservation or improvement of the Highway and statutory rights of ACHD Recorded: November 18, 2015 Instrument No.: 2015-105919, records of Ada County, Idaho. 29. An easement for the purpose shown below and rights incidental thereto as set forth in a Pedestrian Pathway Easement. Granted to: City of Meridian, a municipal corporation Purpose: providing pedestrian pathway easements for multiple -use pathways, with the free right of access to such facilities Recorded: March 17, 2016 Instrument No.: 2016-021944, records of Ada County, Idaho. File Number: 17286784 Policy Number: 81306-210908654 ALTA Owner's Policy (6117106) 30. An easement for the purpose shown below and rights incidental thereto as set forth in a Permanent Easement. Granted to: Ada County Highway District Purpose: placement of a Public Rights -of -Way, construction, reconstruction, operation, maintenance and placement of a Highway and any other facilities or structures incidental to the preservation or improvement of the Highway and statutory rights of ACHD Recorded: October 7, 2016 Instrument No.: 2016-096524, records of Ada County, Idaho. 31. Terms and provisions contained in a Temporary License Agreement by and between Ada County Highway District and Isola Creek LLC. Recorded: October 7, 2016 Instrument No.: 2016-096526, records of Ada County, Idaho. 32. Terms and provisions contained in a License Agreement by and between Nampa & Meridian Irrigation District and Isola Creek, LLC, an Idaho limited liability company. Recorded: November 4, 2016 Instrument No.: 2016-106890, records of Ada County, Idaho. 33. Terms and provisions contained in City of Meridian Warranty Surety Agreement Isola Creek Subdivision No. 4 by and between City of Meridian, a municipal corporation and TOLL ID I LLC. Recorded: February 9, 2017 Instrument No.: 2017-012422, records of Ada County, Idaho. 34. Easements, reservations, restrictions, and dedications as shown on the official plat of Isola Creek Subdivision No. 4 recorded February 17, 2017 as Instrument No, 2017-015045, records of Ada County, Idaho. 35. Terms, provisions, covenants, conditions, and, restrictions contained in a Central District Health Letter. Recorded: February 17, 2017 Instrument No.: 2017-015046, records of Ada County, Idaho. 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Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Solid Waste Advisory Commission Annual Report MEETING NOTES t�x Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 2016 ANNUAL REPORT OF THE SOLID WASTE ADVISORY COMMISSION MEMBERSHIP J. Scott Walters –Seat 1 Mark Nelson –Seat 2 Cheryl Caldwell –Seat 3 Steven Cory –Seat 4 Megan Larsen –Seat 5 Karie Glenn –Seat 6 Dave Neal –Seat 7 Andrea Pogue –Seat 8 V. Madrigal, youth –Seat 9 SWAC Commisioners 2016 MEMBERSHIP CHANGES FY 2016 FY 2017 Robert Corrie Mark Nelson Jacob Chambers Victoriah Madrigal Nancy Mann Megan Larsen Steve Cory Steve Cory PW Director’s designee Dave Neal COMMUNITY RECYCLING FUND PROGRAM (CRFP) During 2016, secondary markets remained depressed. $ 178.84 Beginning balance for FY16 $ 2,077.00 Republic Services 2015 natural gas tax credit; $470.61 Donation from the funds raised during PW Expo Week; $ 5,412.82 Revenue returned from residential recycling program; $ 244.00 Revenue returned from Hand in Hand We Recycle!; $ 3,250.00 Republic Services as part of a 2016 HHW rebate $11,633.27 TOTAL (as of November 30, 2016) CRFP PROJECT Working with the Parks and Recreation Department and the Meridian Arts Commission (MAC) to cooperatively fund the installation of benches in key locations around the City. We will bring the project to City Council for consideration in the near future. CRFP PROJECT SWAC REPORT TO CITY COUNCIL: HISTORY AND CONDITIONS OF THE CITY’S RESIDENTIAL RECYCLING PROGRAM Presented to Council early in 2016 Memorialized origins, development, and current condition of recycling in Meridian SWAC REPORT TO CITY COUNCIL: NEW PROGRAM: HAND IN HAND WE RECYCLE! SWAC /Republic Services/Western Recycling collaborated. Republic Services and Western Recycling donated services. Republic Services entered the container in the Dairy Days parade. Handed out materials for the new program. Bookmarks were also placed throughout City Republic Services and the City continue support. NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! NEW PROGRAM: HAND IN HAND WE RECYCLE! SWAC ANNUAL ACTIVITY: SWAC staffed a booth at the annual PW Expo event: Distributed information on City’s trash and recycling services. Answered questions and educated public on clean recycling. SWAC’s youth Commissioner, Jacob Chambers, obtained reusable bags from Albertsons to give away as “swag.” Republic Services donated games and swag items to promote the booth. SWAC signed up non-recyclers. SWAC is excited to expand the educational material to hand out at its booth next year. SWAC ANNUAL ACTIVITY: PRESENTATIONS SWAC received presentations from: Pacific Recycling on its operations, and Republic Services related to: Increased community recycling educational outreach efforts; Status of the subscription Grass Recycling Pilot Program; Quarterly reports on the economic conditions of the county Household Hazardous Waste Program offered by the City; Quarterly reports on the secondary market conditions for recycled materials; Special services updates throughout the year; Changes to Republic’s residential collection routes and efforts to streamline them for maximal efficiencies and reduced costs; The Ada County Landfill-miscellaneous topics; Republic’s quarterly and annual reports; and Proposed rates and new fees for FY17. SERVICE IMPROVEMENTS AND OTHER ITEMS Contractors; U-haulers: Code Enforcement with assistance from staff Commissioner Pogue and Republic Services obtained compliance from several contractors and commercial U-haulers operating in violation of city code. Rates Comparison Chart: SWAC, with Republic Services’ input, updated the Rates Comparison Chart which captures pertinent and current solid waste services and rates offered by other local public entities. Curbside Services Chart: SWAC, with staff and Republic Services’ input and assistance, continues to maintain the Curbside Services Chart as a handy resource for the public. Container Standards and Miscellaneous Issues: Staff Commissioner Pogue and Republic Services successfully resolved several inquiries regarding sidewalk location standards for residential containers and early AM noise concerns related to commercial collection services. SOLID WASTE ORDINANCE After thorough review, including receipt of two presentations and a memorandum in support from Republic Services and receiving input from the Police Department, SWAC voted to recommend approval of an amendment to the solid waste code to City Council. City Council approved the amendment to start commercial collection at 4 AM instead of 5 AM to improve public safety and routing efficiencies. ANNUAL RATE ADJUSTMENT: SWAC reviewed and recommended to City Council approval of Republic Service’s proposed FY17 Annual Rate Adjustment Report to City Council. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment; and the addition of 7 new (small) fees for miscellaneous services. ADA COUNTY SOLID WASTE ADVISORY COMMITTEE SWAC Chair, Steve Cory, represented the City of Meridian’s interests on the Ada County Solid Waste Advisory Committee. Commissioner Cory was re-elected to chair Ada SWAC. This cooperative body allows stakeholders to work in concert with one another to research and develop proposals for improving solid waste collection systems and services, including maintaining reasonable financial costs for the operations of the Ada County Landfill. Steve Cory reports back to SWAC periodically throughout the year providing Meridian valuable insight and information about valley-wide solid waste matters. UPCOMING COMMISSION BUSINESS In 2017, SWAC is particularly looking forward to: Promoting the Hand in Hand We Recycle Program through marketing and educational outreach efforts; Continuing discussion related to creating a five-year strategic solid waste plan for presentation and consideration by the Mayor and City Council; Monitoring glass recycling and yard composting market trends; Monitoring the progress of Republic’s pilot Grass Recycling Program and reporting back to the Mayor and City Council; Continuing leadership role on the Ada County Solid Waste Advisory Committee and reporting back to SWAC and the Mayor and City Council as appropriate;- Attending the quarterly Ada County Household Hazardous Waste Program meetings and reporting back to SWAC and the Mayor and City Council as appropriate; Providing training, with Republic Services’ and staff Commissioners’ assistance, for Code Enforcement officers on the solid waste ordinance including, but not limited to, sections pertaining to U-haulers; Expanding the role of the Youth Commissioner to coordinate with MYAC the planning of opportunities to promote recycling in the community; and Proposing the Trash or Treasure Program for implementation in the spring of 2017. TRASH OR TREASURE CONCLUSION It has been a productive year for SWAC. SWAC continues to gain experience and appreciation of the many challenges facing the solid waste and recycling industries. SWAC’s commitment is steadfast to work with our partners to identify and recommend to the Mayor and City Council improved, fiscally sound trash and recycling services and programs for the benefit of Meridian residential and commercial customers. SWAC looks forward to even greater productivity in the year to come. Meridian City Council Meeting DATE: March 7, 2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Solid Waste Advisory Commission: Trash or Treasure Pilot Program MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Meridian City Council From: Brett Baranco, Chairman of the SWAC Trash or Treasure committee Date: March 1, 2017 Subject: Trash or Treasure Pilot Program Dear Mayor and City Council Members, Requested Action: At the City Council meeting on March 7, 2017, I will ask for your consideration and approval to proceed with the spring launch of the SWAC pilot program, “Trash or Treasure.” All known expenses for advertising have/will be paid by Republic Services making the program no cost to the City. SWAC Approval: On February 22, 2017, I presented the pilot program to SWAC and received unanimous approval to bring it forward to City Council. History: I brought the idea for the program to SWAC in 2016. The basic concept was to build a residential recycling program that capitalizes on the adage, “One man’s trash is another man’s treasure.” SWAC embraced the concept because it promotes recycling in the community by encouraging reuse, repurpose, and recycle of items that would otherwise be landfill bound. SWAC formed a committee to build a program and I volunteered to serve as the committee’s chairperson. Key contributors on the committee included Ken Corder, Genesis Milam, Rachele Klein and Steve Sedlacek, representing Republic Services, and several volunteer SWAC commissioners. Kaycee Emory contributed to and approved the program’s marketing materials including a flyer, video, and banner which I will show you during my presentation. Program Highlights: The pilot year (2017) will include three neighborhoods (Burney Glen, Copper Basin, and Havasu Creek). It will take place the weekend before Spring Cleanup (April 29-30) where all three HOAs have a garbage pickup on Monday, May 1. The 3 HOA’s are all on board. Marketing will be focused on the participating neighborhoods using social media, email, and distributing the flyer. Banners will be posted at each neighborhood’s main entrances during the weekend event. The Spring Cleanup rules will apply to this program. Participants will put out acceptable unwanted items where they place their trash carts allowing for others to take them for free. Republic Services will pick up remaining items as part of Spring Cleanup. The committee will evaluate the pilot program using personal observations and by conducting a post-event survey in participating neighborhoods to gauge participation level and quality of experience. The committee will compile the results and report back to SWAC and City Council with its recommendations for the future of the program. Conclusion: I will be providing more information about this simple yet magnificent program when I speak to you on March 7. I appreciate your time and attention and hope you will approve adding another creative way to recycle in our community. Sincerely, Brett Baranco, Senior Crime Analyst, MPD Introducing <* �� ilAml �rsc�r.�e Give your unwanted items a chance for a new beginning! Place your items at your normal trash spot and let your neighbors "hunt"for "treasure"all weekend. Republic Services will pick up what's left on Monday, May 1 st, on your Spring Clean-up day! Visit the link below for the list of acceptable items to set out. www.goo.gl/G5fmU6 RTCRY � nen REPUBLIC Said _ ��SERVICES Advisory Commission I D A H O Trash or Treasure Brett Baranco Stony Plain, Alberta Canada 10th Annual (2016) Treasure Hunt Treasure Hunt (Saturday –Sunday Annually) •Gather old household items you no longer want. •Place items at the edge of your front yard. •Allow people to come to edge of yard and take home items they want. -As well as yourself! •If items aren’t selected, community disposal services takes items to the local landfill. Why an Interest to Meridian? “The City of Meridian’s mission for 2025 is to continue to be a safe, attractive, and inviting community that is full of diverse activities…” To promote recycling in the community and divert waste from the landfill, SWAC seeks programs that embrace the 4 R’s: •Reduce •Recycle •Repurpose •Reuse Presented to Solid Waste Advisory Commission June 22, 2016 July 27, 2016 (Trash or Treasure Subcommittee created) Andrea Pogue Genesis Milam Rachele Klein Scott Walters Steve Cory Steve Sedlacek Justin Jensen Kaycee Emery Ken Corder Cade Coltrin and Burney Glen HOA Tim Dublin and Copper Basin HOA Cheryl Iseri, Carmen Wilson, and Leslie McClurg with Havasu Creek HOA Mike Madsen with MGM Association Management 9 one-hour meetings held Aug 24, Sept 28, Oct 26, Nov 23, Dec 14, Dec 28, Jan 11, Jan 25, Feb 8 “Give your unwanted items a chance for a new beginning.” April 29 –April 30, 2017 Spring Cleanup May 1, 2017 Burney Glen 118 Homes Copper Basin 252 Homes Havasu Creek 118 Homes Total 488 Homes *All have garbage pickup scheduled for Mondays Flyer (need to attach link to video) Upload to HOA Facebook and Next Door -(4 weeks prior to April 29) Rubber band to doors -(2 weeks prior to April 29) Send via HOA and MGM email Video (need to attach link to flyer) Upload to Meridian’s Youtube Send via HOA and MGM email Vertical Banner (waiting for approval before payment and creation) Erect 6 banners at HOA entrances -(2 days prior to April 29) April 29 –30 Subcommittee members and possibly members of MYAC will observe and document how the event unfolds. HOAs will email survey to try and grab feedback from experience. After a week or two, Code Enforcement will be notified to patrol area for any possible violations. (ex: Trash still visible that isn’t picked up by Republic Services) Committee will review all of the input and report back to SWAC and City Council, if they would like. News Release Trash or Treasure in Short •A creative and community involved program that promotes repurposing items to divert from the landfill •Conjoin Trash or Treasure with Spring Cleanup •April 29 -30 •Burney Glen, Copper Basin, Havasu Creek •Subcommittee will gather and present final program outcome •Will cost the city $0 Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Historic Preservation Commission Historic Preservation Commission: Budget Amendment for Certified Local Government Grant in the Not -to -Exceed amount of $3,500 MEETING NOTES r ---w APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Idaho . State listorical O C l E T Y C.L. `Butch" Otter Governor of Idaho Janet Gallimore Executive Director Administration 2205 Old Penitentiary Road Boise, Idaho 83712-8250 Office: (208) 334-2682 Fac: (208) 334-2774 Membership and Fund Development 2205 Old Penitentiary Road Boise, Idaho 83712-8250 Office: (208) 514.2310 Fax: (208) 334-2774 Ihstoncal Museum and Fducation Programs 610 North Julia Davis Drive Boise, Idaho 83702-7695 Office: (208) 334-2120 Fac: (208) 334-4059 State Ihstoric Preservation Office and Historic Sites Archeological Survey of Idaho 210 blain Street Boise, Idaho 837027264 Office: (208) 334-3861 Fac: (208) 334-2775 SLatewide Sites: Franklin I Iistorie Site Pierce Courthouse Rock Creek Station and Stricker I lomesite Old Penitentiary 2445 Old Penitentiary Road Boise, Idaho 83712-8254 Office: (208) 334-2844 Fac: (208) 334-3225 Idaho State Archives 2205 Old Penitentiary Road Boise, Idaho 83712-8250 Office: (208) 334-2620 Fac: (208) 334-2626 North Idaho Office 112 west 4th Street, Suite #7 Moscow, Idaho 83843 Office: (208) 882-1540 Fax: (208) 882-1763 Ihstoncal Society is an Equal Opportunity Emplovcr. February 23, 2017 TO: Hillary Bodnar, City of Meridian FROM: Pete L'Orange, Idaho State Historic Preservation Office RE: FY17 CLG Grant Application Congratulations! Your application to the Idaho SHPO for FY17 CLG Grant funds has been awarded, either in part or in full. There were a number of great projects submitted to our office this year, and unfortunately we could not fund all of them in full. I am pleased to inform you that the City of Meridian has been awarded funds for the following project(s): Award Amount Approved Project(s) 3,500 Meridian Walking Tour Updates A grant contract will be emailed to you in this coming month; if you require a hard- copy be mail to you, or if you have questions on your award, please contact me as soon as possible (by phone at 208-488-7471 or email ,pete.lorangeLa!ishs.idaho.gov). Starting in FY17, we changed how the Idaho CLG Grants were distributed and project timelines, so please review the information below to ensure that your project proceeds as smoothly as possible. Details can be found in the Idaho CLG Grants Manual, available online at https:llhistoy.idaho.gov/certified-local-goveramcnt-clg-prgz . SOME IMPORTANT REMINDERS CLG Grants are reimbursable and all associated costs must be eligible as outlined in the Idaho CLG Grants Manual. All initial payments must be made by the Certified Local Government, and only costs incurred during the project timeline can be reimbursed. Please be aware, as of January 1, 2017, we can only reimburse mileage at 53.5 cents/mile, in accordance with State of Idaho Travel policies. All projects and products due to the SHPO no later than May 31, 2018. This will give us enough time to make any corrections and/or improvements to the final products. If you are unsure if you should submit a draft, feel free to inquire and we will review your project individually to see if it is necessary. Please keep us informed of the progress of your projects. If you have any delays, questions, or concerns please contact us as soon as possible. We look forward to your projects and working with you all! LD Q O c a LL LL l m Fu i Z Z E EE 0 U up s > >' � d ++ A � 0 _ c 00 U c bD +r O O o S ~ o + � Y � 00 O7O fO U � U N C c v C3 a� v u 0 y O E 45 U U N O`0 w Z N u o f -O <n 4) C O SD VI � aLn o to a E Ouj Q C: S S v � c W G F> d a c N U1 U- O U 0 0 0 tw E E O 3 aj 4--o C OU U o O +. Y Z Z E '�'' z N b O N O N v N E E a 41 0 LLr ci N N N N LD Q O c a LL LL m Fu i E up s ~ � U c bD Qv o S ~ o + � Y � c O7O fO O � U N C c v m y O E Y b r f -O <n 4) C O SD VI � w Y U- -C C: Q U � v° (a F> d a c LL W d o E W 0 0 0 Na w O a a c 4--o c E + OU U o O +. 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CD D CD mQ CD O Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 8A PROJECT NUMBER: H-2017-0004 ITEM TITLE: Movado Estates Subdivision No. 1 Continued from February 28, 2017: Final Plat for Movado Estates Subdivision No. 1 (H- 2017-0004) by DevCo, LLC Located at South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road MEETING NOTES Coy t')Y\lt&J `f0 ?1i ')O/% Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Changes to Agenda: The applicant has requested items 8A, 8B and 8C (Movado Estates No. 1, No. 2 and No. 3) be continued until March 21st to correct an error with the approved ordinance, findings and recorded development agreement. Planning Staff is coordinating with the Legal to ensure these documents are corrected and placed on the same hearing date. Item #8E: Destination Place No. 3 (H-2017-0013) Application(s): Short Plat Size of property, existing zoning, and location: This site consists of 1.77 acres, zoned C-G and is located at 1510 S. Celebration Ave. History of Previous Actions: 1. In 2004, the property received preliminary plat approval (PP-04-042) of the eighteen (18) commercial lots on 33.10 acres in the C-G zone. A subsequent final plat was recorded (FP-05-014) in 2005. 2. Recently, a certificate of zoning compliance was approved (A-2016-0225) to construct a 6,200 square foot restaurant. Summary of Request: The proposed short plat depicts two (2) commercial lots on 1.77 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 2 of Destination Place Subdivision. All lots in the proposed subdivision comply with the dimensional standards of the C-G zoning district. A 6,200 square foot restaurant is approved and proposed to be constructed on Lot 2A. Future development of Lot 2B will require the approval of a certificate of zoning compliance and administrative design review application prior to applying for a building permit. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC. Staff finds the proposed plat to be in substantial compliance with these requirements and recommends approval as proposed. Written Testimony: Carl Porter, applicant’s representative, in agreement with the conditions of the staff report. Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0013, as presented in the staff report for the hearing date of March 7, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0013, as presented during the hearing on March 7, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: $B PROJECT NUMBER: H-2017-0005 ITEM TITLE: Movado Estates Subdivision No. 2 Continued from February 28, 2017: Final Plat for Movado Estates Subdivision No. 2 (H- 2017-0005) by DevCo, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road MEETING NOTES ,0 A/ t AVA/ -h Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: $C PROJECT NUMBER: H-2017-0012 ITEM TITLE: Movado Subdivision No. 3 Final Plat for Movado Subdivision No. 3 (H-2017-0012) by Dave Evans Construction, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road MEETING NOTES 6oNfiN(/Y,/ V MCf," , -/) X17 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: YMCA Building Continued from February 28, 2017: YMCA Building Permit Partial Fee Waiver Request MEETING NOTES &)/)/ - IVD 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 __________________________________________________________________________ Ph: 208.887.2211  www.meridiancity.org  Fax 208.887.1297 Rev: 01/2011 Community Development Department MEMORANDUM February 27, 2017 To: Mayor Tammy de Weerd City Council Members From: Bruce Freckleton, Development Services Manager Re: Fee Waiver Request – Meridian YMCA In his letter dated December 12, 2016, Scott Curtis, Senior Vice President of the Treasure Valley Family YMCA, requested a waiver of fees associated with the proposed new YMCA to be co - located at the Hillsdale Elementary School in southeast Meridian (see attached). The following information outlines the applicable fees for a project of this type. If a waiver is granted, it would have a negative result in the ability of the General Fund or Enterprise Fund to pay for approved FY’17 expenditures: Planning Division Fees: Planning Division fees have already been paid. Fee Item Actual Fee Cert. of Zoning Compliance $453.00 Administrative Design Review $173.00 Alternative Compliance (Refunded 12/20/2016) $0.00 Sub-Total $625.00 Land Development Division Fees: Land Development Division fees have already been paid. Fee Item Est. Fee Public Works Plan Review Fees $568.80 Public Works Inspection Fees $981.18 Public Works Pre-Treatment Plan Review Fee $75.00 Sub-Total $1,624.98 Public Works Dept. Fees: The Public Works Department Fees historically have never been waived. Fee Item Actual Fee Sanitary Sewer Assessment $40,413.24 Water Assessment $14,462.09 Water Meter(s) – Two 2” Meters $1,372.00 Sub-Total $56,247.33 Impact Fees: The Impact Fees historically have never been waived. Fee Item Est. Fee Police Impact Fee $4,095.00 Fire Impact Fee $16,965.00 Sub-Total $21,060.00 Building Division Fees: The below permit costs are based on actual bids. Fee Item Est. Permit Cost % / $ to City (Soft Cost) % / $ Paid by City To Independent Contractors (Hard Cost) Commercial Permit Fee $65,831.72 85% / $55,956.96 15% / $9,874.76 Commercial Plan Check Fee $42,790.62 85% / $36,372.03 15% / $6,418.59 Fire Plan Review Fee $19,749.52 27% / $5,332.37 73% / $14,417.15 Electrical Permit Fee $5,280.06 30% / $1,584.02 70% / $3,696.04 Mechanical Permit Fee $6,924.50 40% / $2,769.80 60% / $4,154.70 Plumbing Permit Fee $5,482.22 40% / $2,192.89 60% / $3,289.33 Fire Sprinkler/Alarm Permit Fee *Unknown 27% / *Unknown 73% / *Unknown Sub-Total $104,208.07 $41,850.57 *Fire Sprinkler/Alarm permits are based off # of Heads/Devices. This information is not available at this time. Proposed Total $104,208.07 the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY December 12, 2016 Dear Mayor Tammy and Meridian City Council, We are very excited that our joint project in South Meridian is progressing and we can all celebrate this partnership that will do so much for the community. I am writing to ask you to consider waiving or reducing certain fees as a part of our development applications to the city. As you know, the spirit of this partnership has been one where all of the partners are helping each other and in many cases taking on costs which may be incurred by others. It would help our project significantly if you would consider waiving or reducing the indirect fees for our applications. As you know, the YMCA is fully supportive of the park development. This includes our construction of the parking areas and curbing for the park. An additional contribution to the partnership has included the YMCA being the recipient of the property donations from Brighton Corporation and the Hill family. We have served this role at the request of you and the other partners, serving as a temporary holding place until design details could be finished and the partners were prepared and willing to receive the acreage they needed. During this time, the YMCA is required to pay property tax for the acreage that we are eventually donating to the city. Thank you for your consideration in this matter. We look forward to continuing to partner with you at The Hill and in many other ways. Thanks, Scott Cu is Senior ice President TREASURE VALLEY FAMILY YMCA - ASSOCIATION SERVICES 1 177 W State Street, Boise, Idaho 83702 P 208 344 5501 F 208 331 0018 YMCATVIDAHO.ORG The Ye So Much More`" Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 8E PROJECT NUMBER: H-2017-0013 ITEM TITLE: Destination Place No. 3 Public Hearing for Destination Place No. 3 (H-2017-0013) by Fulbright Investments, LLC Located 1510 S. Celebration Avenue 1. Request: Short plat two (2) commercial lots on approximately 1.77 acres in the C -G zoning district MEETING NOTES &J" APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Council Meeting March 7, 2017 Item #8E: Destination Place No. 3 –Zoning/Aerial Map Proposed Short Plat CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: March 7, 2017 Item # Project Number: Project Name: H-2017-0013 Destination Place No. 3 Please print your name For Against Neutral Do you wish to testify (YIN) 'V Q C� V, f V - f �, JV "r CITY CLERKS FI Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Finance and HR: Benefits Roadshow for FY2018 Budget MEETING NOTES l Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS m a) i A N dJ E E U V) m 0 0 0 cn 4-j m N L C6 U ate -J f0 2 O L O U fu LL. 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Funds •3. Capital Improvement Fund –C. Excess Revenue Development Services Operations: When revenues for the building and planning departments exceed their expenses, and a minimum of a four (4) month operating reserve has been covered, that excess may be transferred into the capital improvement fund. Fund 55 Transfer Proposal •Proposed Transfer –$2,275,054 –Current Fund 55 -Fund Balance (after reserves and commitments) = $5,651,245 •Proposed Fund 55 -Fund Balance = $7,926,299 –Total General Funds -$3,085,472 •Who contributed what to the Excess Revenue –Impact Fees $2,203,671 –Grants ($4,824) –Public Safety Fund ($92,018) –General Fund ($1,296,411) Fund 08 Transfer Proposal •Proposed Transfer –$0.00 –Current Fund 08 -Fund Balance (after reserves and commitments) = $13,199 •Proposed Fund 08 -Fund Balance = $13,199 –Total General Funds -$3,085,472 •Who contributed what to the Excess Revenue –Community Development $2,275,054 –Impact Fees $2,203,671 –Grants ($4,824) –Public Safety Fund ($92,018) Questions? Action by Council Meridian City Council Meeting DATE: March 7, 2017 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS